Golinski v. United States Office of Personnel Management
Filing
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Declaration of Karen Golinski in Support of 8 Motion for Preliminary Injunction filed by Karen Golinski. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H)(Related document(s) 8 ) (McGuire, James) (Filed on 1/26/2010) Modified on 1/27/2010 (jlm, COURT STAFF).
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JAMES R. McGUIRE (CA SBN 189275)
JMcGuire@mofo.com
GREGORY P. DRESSER (CA SBN 136532)
GDresser@mofo.com
RITA F. LIN (CA SBN 236220)
RLin@mofo.com
GRACE Y. PARK (CA SBN 239928)
GracePark@mofo.com
MORRISON & FOERSTER LLP
425 Market Street
San Francisco, California 94105-2482
Telephone: 415.268.7000
Facsimile: 415.268.7522
JENNIFER C. PIZER (CA SBN 152327)
JPizer@lambdalegal.org
LAMBDA LEGAL, Western Regional Office
3325 Wilshire Boulevard, Suite 1300
Los Angeles, CA 90010-1729
Telephone: 213.382.7600
Facsimile: 213.351.6050
Attorneys for Plaintiff
KAREN GOLINSKI
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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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KAREN GOLINSKI,
Plaintiff,
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Case No.
v.
UNITED STATES OFFICE OF PERSONNEL
MANAGEMENT,
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Defendant.
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4:10-cv-00257 (SBA)
DECLARATION OF PLAINTIFF
KAREN GOLINSKI IN SUPPORT
OF MOTION FOR
PRELIMINARY INJUNCTION
Date: June 15, 2010
Time: 1:00 p.m.
Place: Courtroom 1, 4th Floor
United States Courthouse
1301 Clay Street
Oakland, California 94612
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DECLARATION OF PLAINTIFF KAREN GOLINSKI ISO MOTION FOR PRELIMINARY INJUNCTION
pa-1382223
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I, Karen Golinski, hereby declare and state as follows:
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I am a staff attorney in the Motions Unit of the Office of Staff Attorneys in the
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Ninth Circuit Court of Appeals, where I have been employed for eighteen years. I am the
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plaintiff in this matter, and submit this declaration in support of my motion for preliminary
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injunction. I have personal knowledge of the facts set forth herein, and if called upon to do so,
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could and would competently testify thereto.
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2.
My spouse, Amy Cunninghis, and I have been partners for twenty years. We were
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lawfully married under the laws of the State of California on August 21, 2008, and remain legally
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married. We became registered domestic partners with the City and County of San Francisco in
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1995 and with the State of California in 2003. Amy and I have a six-year-old son.
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I have paid for self and family coverage under the Blue Cross and Blue Shield
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Service Benefit Plan (“Blue Cross/Blue Shield”) to cover my and my son’s health insurance since
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his birth in March 2003. In 2010, my biweekly premium for the Blue Cross/Blue Shield Self and
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Family Plan is $108.91. This year, I will pay $2,831.66 in premiums to Blue Cross/Blue Shield
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for coverage under the family plan.
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4.
Following my marriage to Amy, on September 2, 2008, I submitted a “Health
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Benefits Election Form” to the Human Resources Department, seeking to add Amy as my spouse
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under my existing family coverage plan.
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5.
On September 11, 2008, I received an e-mail from Ms. Renee Reynolds, a Human
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Resources Generalist for the United States Court of Appeals for the Ninth Circuit. This e-mail
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included an e-mail exchange between Ms. Reynolds and Ms. Lynda Hamke, Human Resources
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Assistant with the Administrative Office of the U.S. Courts (the “AO”), stating that Amy would
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not be eligible for coverage under my family coverage plan.
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6.
On October 21, 2008, I received another e-mail from Ms. Reynolds stating that my
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request to add Amy as my spouse under my family coverage plan would not be processed by the
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AO because Amy and I are of the same gender. As of the date of this declaration, my spouse has
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not been added to my existing family coverage plan.
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DECLARATION OF PLAINTIFF KAREN GOLINSKI ISO MOTION FOR PRELIMINARY INJUNCTION
pa-1382223
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7.
On October 2, 2008, I filed a complaint under the Ninth Circuit’s Employment
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Dispute Resolution (“EDR”) Plan. A true and correct copy of the EDR Plan is attached hereto as
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Exhibit A.
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Amy is a contract employee with a nonprofit organization and is not eligible for
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health insurance coverage from her employer. Because I have been unable to cover Amy under
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my health insurance plan, we have had to purchase separate, private individual health insurance to
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cover Amy. We purchase this private insurance from Blue Shield of California (“Blue Shield”).
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The Blue Shield insurance is inferior in many respects to the Blue Cross/Blue
Shield family coverage. Amy has had two different insurance plans with Blue Shield since
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September 2008. From September 2008 through June 2009, Amy’s co-payments and deductibles
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were significantly higher than what we paid under my health insurance plan. For example, Amy
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was required to pay a $45 co-payment for a doctor visit, while I was only required to pay $20 for
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a primary care visit and $30 for a visit with a specialist. Amy had a $2,000 deductible, and I did
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not have a deductible on my health insurance plan. Amy also had to pay 30% of the fees for all
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non-emergency services, while many of the same services do not cost anything under my plan,
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including X-rays, mammograms, and MRIs. In the case of hospitalization, Amy was required to
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pay $250 to be admitted, in addition to 30% of all service, doctor, and medical procedure fees,
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whereas I was only required to pay $100 for inpatient or $40 for outpatient services per day.
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Amy also had to pay $100 for any emergency room visits and 30% of the fees for all service and
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physician visits, whereas I only had to pay $50 for emergency room care and $30 for urgent care.
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A true and current copy of a summary of benefits under the Blue Cross and Blue Shield Service
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Benefit Plan (Karen Golinski’s coverage) is attached hereto as Exhibit B. A true and correct copy
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of the summary of benefits under Blue Shield of California (Amy Cunninghis’s September 2008-
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June 2009 coverage) is attached hereto as Exhibit C.
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From September 2008 through June 2009, the monthly premium for the Blue
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Shield policy was $366. Attached as Exhibit D are true and correct copies of the insurance
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premium bills during the time period of September 2008 through June 2009.
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DECLARATION OF PLAINTIFF KAREN GOLINSKI ISO MOTION FOR PRELIMINARY INJUNCTION
pa-1382223
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In May 2009, Amy was notified that, effective July 1, 2009, the premium for the
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Blue Shield policy would increase by $63 a month, for a new monthly total of $429. Attached as
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Exhibit E is a true and correct copy of the letter Amy received from Blue Shield.
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As of July 1, 2009, Amy switched to a less expensive insurance policy because
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Amy and I did not believe we could afford the premium increase over an extended period of time.
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The monthly premium for Amy’s new plan, Blue Shield of California’s Balance Plan 1700, is
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$340. The new plan offers even less comparable coverage to my Blue Cross/Blue Shield plan and
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to Amy’s previous plan with Blue Shield. In addition to requiring Amy to pay 30% of all
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inpatient and outpatient medical expenses, the plan also places an annual cap of $2,500 on brand
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name prescription medications, after which Amy is responsible for paying any and all brand name
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medication expenses incurred. Secondarily, the plan also does not cover pregnancy-related
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expenses. A true and correct copy of a summary of benefits under Blue Shield of California’s
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Balance Plan 1700 (Amy Cunninghis’s July 2009 to present coverage) is attached hereto as
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Exhibit F. Attached as Exhibit G are true and correct copies of Amy’s insurance premium bills
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during the period July 2009 through the most recent statement of January 2010. This plan
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provides inadequate coverage because of the prescription medication cap, and we feel Amy is
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under-insured.
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Amy has once again investigated individual coverage options with Blue Shield
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based on her age and geographic location, and found thirty different plans, including a plan with a
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monthly premium of $970. None of these plans provides coverage comparable to the coverage I
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receive because the premiums, deductibles, and out of pocket expenses exceed those of my plan.
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Attached as Exhibit H is a true and correct copy of Blue Shield of California’s available plans for
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a woman of Amy’s age living in the San Francisco Bay Area.
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14.
If Amy should become seriously ill or injured and require extensive prescription
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medication, medical treatment, or hospitalization, I fear under her existing coverage that our
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family might suffer severe financial hardship.
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DECLARATION OF PLAINTIFF KAREN GOLINSKI ISO MOTION FOR PRELIMINARY INJUNCTION
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I declare under penalty of perjury under the laws of the United States of America that the
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foregoing is true and correct. Executed this 26th day of January 2010, at San Francisco,
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California.
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/s/ Karen Golinski
Karen Golinski
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GENERAL ORDER 45 ATTESTATION
I, James R. McGuire, am the ECF User whose ID and password are being used to file the
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DECLARATION OF PLAINTIFF KAREN GOLINSKI IN SUPPORT OF MOTION FOR
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PRELIMINARY INJUNCTION. In compliance with General Order 45, X.B., I hereby attest that
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Karen Golinski has concurred in this filing.
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/s/ James R. McGuire
James R. McGuire
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DECLARATION OF PLAINTIFF KAREN GOLINSKI ISO MOTION FOR PRELIMINARY INJUNCTION
pa-1382223
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