Lake Class Action Case
Case No: Gaston: 12-CVS-1547

Timeline of Events

Session Law 2009-16 takes effect eliminating 90/10 PPO Plus Plan 7/1/2009
Session Laws 2011-85 and 2011-96 passed taking premium free 80/20 retirement health benefits  away from retirees and their surviving spouses 5/23/2011 and 5/26/2011
State Health Plan starts charging premiums for 80/20 retirement health benefits 09/01/2011
Complaint filed by 26 named Plaintiffs 04/20/2012
Defendants’ Answer 07/03/2013
Defendants’ Motion to Dismiss 06/29/2012
Judge Wilson appointed as the Designated Rule 2.1 Judge to preside over the case 11/20/2012
Plaintiffs’ Brief in Response to Defendants’ Motion to Dismiss 02/25/2013
Trial Court Denied Defendants’ Motion to Dismiss 05/21/2013
Court of Appeals Ruling (upholding denial of Motion to Dismiss) 06/17/2014
Supreme Court’s denials of Defendants’ Petitions for Discretionary Review 12/18/2013 & 12/18/2014
Plaintiffs’ Motion for Class Certification 05/31/201
Defendants’ Opposition and Brief to Class Certification 07/11/2016
Plaintiffs’ Brief in Support of Motion for Class Certification 08/10/2016
Hearing on Class Certification where the Trial Court granted Class Certification 09/02/2016
30 day Opt-Out Period 09/30/2016 – 10/31/2016
Deadline to Opt-Out of Class October 31, 2016
Summary Judgment Hearing November 14, 2016
Anticipated Ruling from Court on Summary Judgment Motions December, 2016
Summary Judgment Order in favor of Plaintiffs May 19, 2017
Defendants file Notice of Appeal of Summary Judgment Order June 2, 2017
Defendants and Plaintiffs file Joint Petition for Discretionary Review to NC Supreme Court December 5, 2017
Defendant’s Appellant Brief April 23, 2018
Plaintiff’s Response Brief June 22, 2018
Defendant’s Reply Brief August 1, 2018
Court of Appeals Oral Arguments November 29, 2018
Court of Appeals Opinion March 25, 2019
Notice of Appeal for Petition for Discretionary Review April 9, 2019
Defendants Response to Petition for Discretionary Review April 22, 2019
Order allowing Petition for Discretionary Review February 2, 2020
Plaintiffs-Appellants’ New Brief June 28, 2020
Defendants-Appellees’ Brief July 31, 2020
Plaintiffs-Appellants’ Reply Brief August 17, 2020
NC Supreme Court Oral Arguments October 4, 2021
NC Supreme Court Issues Opinion March 11, 2022

Important Dates

October 17, 2016
Summary Judgment Response Briefs Due

October 31, 2016
Deadline to Opt-out of Class

November 7, 2016
Summary Judgment Reply Briefs Due

November 14, 2016
Summary Judgment Hearing in Forsyth County

May 19, 2017
Partial Summary Judgment Order Issued in Favor of Plaintiffs

June 2, 2017
Defendants File Notice of Appeal

December 5, 2017
Defendants and Plaintiffs File Joint Petition for Discretionary Review to the NC Supreme Court

April 23, 2018
Defendant's Brief filed

June 22, 2018
Plaintiff's Response Brief filed

August 1, 2018
Defendant's Reply Brief filed

November 29, 2018
Oral Argument before the North Carolina Court of Appeals

October 4, 2021
NC Supreme Court Oral Arguments

March 11, 2022
NC Supreme Court Issues Opinion


This site is not affiliated with the N.C. State Health Plan, the Teachers' and State Employees' Retirement System or any other State agency.  The State is not responsible for any content on this site.

Skip to content