AARP v. EEOC, AARP v. Yale, and the bulletin about demonstration projects
THE AARP WELLNESS CASE AGAINST THE EEOC
AARP v. U.S. EEOC, No. 1:16-cv-2113 (D. D.C.)
Complaint (October 24, 2016)
Sealed motion for preliminary injunction (October 24, 2016)
[Not available]
Opposition to motion for preliminary injunction (November 14, 2016)
U.S. Chamber of Commerce amicus (November 21, 2016)
AARP reply supporting preliminary injunction (November 22, 2016)
Order directing AARP to submit information about standing (December 7, 2016)
AARP supplemental materials re standing (December 12, 2016)
Memorandum opinion denying preliminary injunction (December 29, 2016)
US motion to dismiss/motion for summary judgment (March 1, 2017)
AARP opposition/cross-motion for summary judgment (April 28, 2017)
US reply/opposition (May 30, 2017)
AARP reply (June 13, 2017)
Memorandum Opinion (August 22, 2017)
Order (August 22, 2017)
AARP motion to alter or amend judgment (August 30, 2017)
EEOC opposition (Sept. 11, 2017)
EEOC status report (Sept. 21, 2017)
AARP reply (Sept. 28, 2017)
Opinion invalidating regulation, 1/1/19 (Dec. 20, 2017)
Order (Dec. 20, 2017)
AARP wellness revised order 5334177-0–24202
Unopposed motion for partial reconsideration (Jan. 16, 2018)
Order partly granting and partly denying reconsideration (Jan. 18, 2018)
Status report (March 30, 2018)
Not filed in court: two Federal Register notices withdrawing the rules [83 Fed. Reg. 65296 (Dec. 20, 2018):
EEOC’s proposals, initially released January 7, 2021
Press release: https://www.eeoc.gov/newsroom/eeoc-provides-proposed-wellness-rules-review
Cover memo: https://www.eeoc.gov/regulations/wellness-rulemaking
Genetic Information Nondiscrimination Act: https://www.eeoc.gov/regulations/proposed-rule-amendments-regulations-under-genetic-information-nondiscrimination-act
EEOC withdrawal, February 2021
THE AARP WELLNESS CASE AGAINST YALE
Kwesell v. Yale University, No. 3:19-cv-1098 (D. Conn.)
Complaint, July 16, 2019
Joint motion for extension of time, September 27, 2019
| September 30 | ORDER granting 29 Joint MOTION to Modify Deadlines. The Plaintiffs’ amended complaint is due by October 18, 2019. The Defendant’s response to the amended complaint is due by November 15, 2019. Signed by Judge Kari A. Dooley on 9/30/2019. (Beyerlein, Alexis) (Entered: 09/30/2019) |
Amended complaint, October 17, 2019
Answer, November 15, 2019
Yale motion to stay, November 26, 2019
| 12/02/2019 | 40 | Minute Entry. Proceedings held before Judge Kari A. Dooley: denying 38 Motion to Stay; In court 16(b)Scheduling Conference held on 12/2/2019; Motion Hearing held on 12/2/2019 re 38 MOTION to Stay Proceedings filed by Yale University. Total Time: 44 minutes(Court Reporter Tracy Gow.) (Gould, K.) (Entered: 12/04/2019) |
Scheduling order, January 22, 2020
Plaintiffs’ motion for summary judgment, statement of material facts, memorandum in support, declarations, March 2, 2020
[Declarations]
Stipulation re premiums, March 3, 2020
Defendant’s opposition, motion to dismiss and motion for summary judgment, with memo and supporting documents, April 29, 2020
Plaintiffs’ reply supporting summary judgment/opposition to cross-motion, with statement of material facts and exhibits, June 5, 2020
Yale reply supporting cross-motion, July 3, 2020
| 02/01/2021 | 61 | Order. The parties shall appear on March 1, 2021 at 10:00AM for a hearing on ECF Nos. 44 and 54 , Cross Motions for Summary Judgment. A calendar entry with the details for this hearing will be separately docketed. Signed by Judge Kari A. Dooley on 2/1/2021. (Banker, Joshua) (Entered: 02/01/2021) |
Joint motion to cancel oral argument pending settlement negotiations, February 23, 2021
| 02/24/2021 | 64 | ORDER granting 63 Joint Motion for Postponement of Oral Arguments. The oral arguments scheduled for March 1, 2021 are postponed until further notice. On or before April 1, 2021, the parties shall file a Joint Status Report concerning both their settlement discussions and any need for a new oral argument date. Signed by Judge Kari A. Dooley on 2/24/2021. (Banker, Joshua) (Entered: 02/24/2021) |
Joint status report, April 1, 2021
| 04/02/2021 | 66 | ORDER. The Court has reviewed the Parties’ Joint Status Report, ECF No. 65 . On or before May 15, 2021, the parties shall file a Joint Status Report concerning both their settlement discussions and any need for a new oral argument date. Signed by Judge Kari A. Dooley on 4/2/2021. (Banker, Joshua) (Entered: 04/02/2021) |
Joint status report, May 17, 2021
| 05/18/2021 | 68 | ORDER. The Court has reviewed the Parties’ Joint Status Report, ECF No. 67 . On or before June 2, 2021, the parties shall file a Joint Status Report concerning both their settlement discussions and any need for a new oral argument date. Signed by Judge Kari A. Dooley on 5/18/2021. (Banker, Joshua) (Entered: 05/18/2021) |
Joint status report, June 1, 2021
| 06/02/2021 | 70 | ORDER. The Court has reviewed the Parties’ Joint Status Report, ECF No. 69 . On or before September 8, 2021, the parties shall file a Joint Status Report concerning both their settlement discussions and any need for a new oral argument date. Signed by Judge Kari A. Dooley on 6/2/2021. (Banker, Joshua) (Entered: 06/02/2021) |
Joint status report, September 7, 2021
| 09/17/2021 | 72 | ORDER. The Court has reviewed the Parties’ Joint Status Report, ECF No. 71 . On or before September 22, 2021, the parties shall file a Joint Status Report concerning both their settlement discussions and any need for a new oral argument date. Signed by Judge Kari A. Dooley on 9/17/2021. (Banker, Joshua) (Entered: 09/17/2021) |
Joint status report, September 22, 2021
| 09/23/2021 | 74 | ORDER. The Court has reviewed the parties’ Joint Status Report at ECF No. 73 and is aware that the parties have reached a settlement in principle. On or before November 22, 2021, the parties shall file a motion for preliminary approval of the settlement, or, if additional time is necessary to finalize the settlement agreement, a joint status report indicating as much. Signed by Judge Kari A. Dooley on 9/23/2021. (Banker, Joshua) (Entered: 09/23/2021) |
Joint status report, November 22, 2021
| 11/22/2021 | 76 | ORDER. The Court has reviewed the parties’ Joint Status Report at ECF No. 75 . On or before January 21, 2022, the parties shall file a motion for preliminary approval of the settlement, or, if additional time is necessary to finalize the settlement agreement, a joint status report indicating as much. Signed by Judge Kari A. Dooley on 11/22/2021. (Banker, Joshua) (Entered: 11/22/2021) |
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| 01/20/2022 | 81 | ORDER AMENDING ORDER, ECF No. 80. The Court has reviewed the parties’ Joint Status Report at ECF No. 79 . On or before February 18, 2022, the parties shall file a motion for preliminary approval of the settlement, or, if additional time is necessary to finalize the settlement agreement, a joint status report indicating as much. Signed by Judge Kari A. Dooley on 1/20/2022. (Banker, Joshua) (Entered: 01/20/2022) |
Joint status report, February 18, 2022
| 02/18/2022 | 83 | ORDER. The Court has reviewed the parties’ Joint Status Report at ECF No. 82 . On or before March 4, 2022 the parties shall file a motion for preliminary approval of the settlement, or, if additional time is necessary to finalize the settlement agreement, a joint status report indicating as much. Signed by Judge Kari A. Dooley on 2/18/2022. (Banker, Joshua) (Entered: 02/18/2022) |
Settlement, March 4, 2022
| 03/16/2022 | 85 | The parties shall appear for a Hearing on Plaintiffs’ Motion for Preliminary Approval of Settlement on April 8, 2022 at 2:00 PM. A calendar entry with the details for this hearing will be separately docketed. Signed by Judge Kari A. Dooley on 3/16/2022. (Banker, Joshua) (Entered: 03/16/2022) |
| 04/06/2022 | 87 | ORDER continuing Hearing on Plaintiffs’ Motion for Preliminary Approval of Settlement. The Hearing set for April 8, 2022 is continued until further order of the Court. On or before April 20, 2022, the parties shall file a joint status report advising the Court as to whether more time is needed to prepare for the hearing or if the parties are prepared to proceed. Signed by Judge Kari A. Dooley on 4/6/2022. (Banker, Joshua) (Entered: 04/06/2022) |
Joint status report, April 20, 2022
| 04/20/2022 | 89 | ORDER. The Court has reviewed the parties’ Joint Status Report at ECF No. 88 . On or before May 4, 2022, the parties shall file a joint status report advising the Court as to whether more time is needed to prepare for a preliminary approval hearing or if the parties are prepared to proceed. Signed by Judge Kari A. Dooley on 4/20/2022. (Banker, Joshua) (Entered: 04/20/2022) |
Joint status report, May 4, 2022
| 05/05/2022 | 91 | ORDER. The parties shall appear for a Hearing on Plaintiffs’ Motion for Preliminary Approval of Settlement on June 13, 2022 at 10:00 AM. A calendar entry with the details for this hearing will be separately docketed. Signed by Judge Kari A. Dooley on 5/5/2022. (Banker, Joshua) (Entered: 05/05/2022) |
| 05/10/2022 | 93 | ORDER RESCHEDULING HEARING. At ECF No. 91, the Court set June 13, 2022 as the hearing date for Plaintiffs’ Motion for Preliminary Approval of Settlement. That hearing is rescheduled to June 14, 2022 at 10:00 AM. A calendar entry with the details for the rescheduled hearing will be separately docketed. Signed by Judge Kari A. Dooley on 5/10/2022. (Banker, Joshua) (Entered: 05/10/2022) |
Joint supplemental filing, June 7, 2022
Order granting preliminary settlement approval, June 14, 2022
| 06/14/2022 | 98 | NOTICE OF E-FILED CALENDAR: THIS IS THE ONLY NOTICE COUNSEL/THE PARTIES WILL RECEIVE. ALL PERSONS ENTERING THE COURTHOUSE MUST PRESENT PHOTO IDENTIFICATION.
Final Approval Hearing set for 11/22/2022 at 11:00 AM in Courtroom Four-Annex, 915 Lafayette Blvd., Bridgeport, CT before Judge Kari A. Dooley. (Banker, Joshua) (Entered: 06/14/2022) |
| 08/04/2022 | 101 | ORDER denying without prejudice Plaintiffs’ 44 Motion for Summary Judgment and Defendant’s 54 Motion for Summary Judgment in light of the pending request for settlement approval. Signed by Judge Kari A. Dooley on 8/4/2022. (Banker, Joshua) (Entered: 08/04/2022) |
Unopposed motion for final approval, and memo, November 15, 2022
Kwesell settlement approval memo
Final approval order, November 22, 2022
Kwesell final approval order 11 22 22
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THE DEMONSTRATION PROJECT BULLETIN
The bulletin (September 30, 2019)
Wellness-Program-Demonstration-Project-Bulletin
THE RULEMAKING REVIVAL AND WITHDRAWAL
Press release, January 7, 2021, with link to proposed regulations
https://www.eeoc.gov/newsroom/eeoc-provides-proposed-wellness-rules-review
Never published in Federal Register
Notice, February 2021, withdrawing proposed regulations
Affordable Care Act Litigation 