Giri v. National Board of Medical Examiners (1:24-cv-00410)
Dr. Latika Giri is a physician from Nepal who is currently suing the National Board of Medical Examiners in the United States District Court for the District of Columbia. The NBME is the organization responsible for the development and administration of the United States Medical Licensing Examination, a prerequisite for medical licensure in the United States and consideration for admission into a US residency training program. On January 31, 2024, the USMLE publicly issued a statement about an ongoing investigation into "a pattern of anomalous exam performance associated with Nepal, which challenges the validity of test results for a group of examinees."
This case is understandably sending shockwaves throughout the international medical graduate community, this year's residency applicants, and the profession of medicine in the United States as a whole. Below is an ongoing catalog of court documents and rulings, obtained from PACER and provided freely in the interest of public benefit. The majority of these documents are also freely available on CourtListener.
| GIRI v. NATIONAL BOARD OF MEDICAL EXAMINERS Assigned to: Judge Christopher R. Cooper Demand: $80,000,000 Cause: 42:2000e Job Discrimination (Employment) | Date Filed: 02/12/2024 Jury Demand: Plaintiff Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: Federal Question |
| Plaintiff | ||
| LATIKA GIRI Dr.; on behalf of herself and all others similarly situated | represented by | Jason Seth Harrow GERSTEIN HARROW LLP 12100 Wilshire Blvd. Ste. 800 Los Angeles, CA 90025 323-744-5293 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED Emily Gerrick GERSTEIN HARROW 1001 G Street NW Suite 400e Washington, DC 20001 714-875-1189 Email: [email protected] ATTORNEY TO BE NOTICED Charles Lewis Gerstein GERSTEIN HARROW LLP 1001 G Street NW Suite 400e Washington, DC 20001 202-670-4809 Email: [email protected] ATTORNEY TO BE NOTICED |
V. | ||
| Defendant | ||
| NATIONAL BOARD OF MEDICAL EXAMINERS | represented by | Robert Anthony Burgoyne PERKINS COIE LLP 700 13th Street, NW Suite 600 WASHINGTON, DC 20005 (202) 654-1744 Fax: (202) 624-9548 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED Caroline M. Mew PERKINS COIE LLP 700 13th Street, NW Suite 800 Washington, DC 20005-3960 202-654-1767 Fax: 202-654-6211 Email: [email protected] ATTORNEY TO BE NOTICED |
February 12, 2024
- COMPLAINT against NATIONAL BOARD OF MEDICAL EXAMINERS with Jury Demand (Filing fee $405 receipt number ADCDC-10682108) filed by LATIKA GIRI.
2. NOTICE of Appearance by Jason Seth Harrow on behalf of LATIKA GIRI.
3. Emergency MOTION for Preliminary Injunction To Restore Score Validity by LATIKA GIRI. (Attachments: # 1 Certificate of Counsel, # 2 Declaration of K. Deb, # 3 Exhibits in Support of K. Deb Declaration, # 4 Declaration of J. Harrow, # 5 Text of Proposed Order Granting PI, # 6 Certificate of Service)(Harrow, Jason)
4. Ex Parte MOTION for Temporary Restraining Order Extending Deadline for Test-Takers to Respond by LATIKA GIRI
5. NOTICE of Appearance by Emily Gerrick on behalf of All Plaintiffs (Gerrick, Emily)
6. MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Jamie Crooks, Filing fee $ 100, receipt number ADCDC-10683785. Fee Status: Fee Paid. by LATIKA GIRI. (Attachments: # 1 Declaration Declaration and Attorney Certification, # 2 Certificate of Good Standing, # 3 Proposed Order)(Gerrick, Emily)
7. NOTICE of Appearance by Robert Anthony Burgoyne on behalf of NATIONAL BOARD OF MEDICAL EXAMINERS (Burgoyne, Robert)
8. NOTICE of Appearance by Caroline M. Mew on behalf of NATIONAL BOARD OF MEDICAL EXAMINERS
9. STIPULATION on interim relief and briefing schedule by LATIKA GIRI. (Attachments: # 1 Text of Proposed Order)
10. ORDER: The Court ORDERS that: 1) The Parties' Joint 9 Stipulation is ADOPTED; 2) Plaintiff's 4 Motion for TRO is DENIED as moot; 3) Defendant shall file its Opposition to Plaintiff's Motion for Preliminary Injunction by 5:00 p.m. on February 18, 2024; and 4) Plaintiff shall file her Reply within 24 hours of receiving notification of Defendant's Opposition on ECF. Signed by Judge Rudolph Contreras on 2/12/2024.
February 14, 2024
Case Assigned to Judge Christopher R. Cooper.
11. MOTION to Certify Class Under Rule 23(b)(2) by LATIKA GIRI. (Attachments: # 1 Text of Proposed Order Proposed Order) (Gerrick, Emily)
12. SUMMONS (1) Issued Electronically as to NATIONAL BOARD OF MEDICAL EXAMINERS. (Attachments: #1 Notice and Consent)
MINUTE ORDER: In light of the 11 Motion for Class Certification, Defendant is invited to stipulate whether it will extend any injunctive relief granted to the entire proposed class. Absent such a stipulation, the Court orders the parties to brief the Motion for Class Certification concurrently with the existing briefing schedule. Accordingly, Defendant shall file its Opposition to the Motion for Class Certification by 5:00 p.m. on February 18, 2024, and Plaintiff shall file her Reply within 24 hours of receiving notification of Defendant's Opposition on ECF. Signed by Judge Christopher R. Cooper on 2/14/2024.
February 15, 2024
MINUTE ORDER granting 6 Motion for Leave to Appear Pro Hac Vice for attorney Jamie Crooks. While the Court will permit Mr. Crooks to appear pro hac vice in this case, the local civil rules provide that "as a general matter, attorneys who engage in the practice of law from an office located in the District of Columbia and who file papers in this Court should be a member of the Bar of this Court and the District of Columbia Bar." See LCvR 83.2(c)(2) (comment). The Court therefore encourages counsel to submit an application to this Court's bar if he intends to litigate further cases in this court. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCvR 83.6(a) Click for instructions. Signed by Judge Christopher R. Cooper on 2/15/2024.
February 16, 2024
13. MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Kritika Tara Deb, Filing fee $ 100, receipt number ADCDC-10694775. Fee Status: Fee Paid. by LATIKA GIRI. (Attachments: # 1 Declaration, # 2 Exhibit certificate of good standing, # 3 Text of Proposed Order)(Gerstein, Charles)
February 18, 2024
MINUTE ORDER granting 13 Motion for Leave to Appear Pro Hac Vice as to attorney Kritika Tara Deb. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCvR 83.6(a) Click for instructions. Signed by Judge Christopher R. Cooper on 2/18/2024.
14. Memorandum in opposition to re 3 Motion for Preliminary Injunction, filed by NATIONAL BOARD OF MEDICAL EXAMINERS. (Attachments: #1 Declaration of Colleen Ward and Exs. A-G, #2 Declaration of Daniel Jurich, Ph.D. and Exs. A-C, #3 Declaration of Alex J. Mechaber, MD and Exs. A-D, #4 Declaration of Chris Feddock, # 5 Declaration of David Johnson, #6 Text of Proposed Order)(Mew, Caroline)
15. Memorandum in opposition to re 11 Motion to Certify Class filed by NATIONAL BOARD OF MEDICAL EXAMINERS. (Attachments: # 1 Declaration of Colleen Ward and Exs. A-G, # 2 Declaration of Daniel Jurich, Ph.D. and Exs. A-C, # 3 Declaration of Alex J. Mechaber, MD and Exs. A-D, # 4 Text of Proposed Order)
16. LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by NATIONAL BOARD OF MEDICAL EXAMINERS (Mew, Caroline)
February 19, 2024
17. REPLY to opposition to motion re 3 Emergency MOTION for Preliminary Injunction To Restore Score Validity, 11 MOTION to Certify Class Under Rule 23(b)(2) Combined Reply filed by LATIKA GIRI.
February 20, 2024
MINUTE ORDER: The parties are hereby directed to appear for a hearing on Plaintiff's 3 Emergency Motion for Preliminary Injunction and 11 Motion to Certify Class on February 21, 2024 at 11:00 AM in Courtroom 27A (In Person) before Judge Christopher R. Cooper. Signed by Judge Christopher R. Cooper on 2/20/2024.
February 21, 2024
Minute Entry for Motion Hearing held before Judge Christopher R. Cooper on 2/21/2024. Oral arguments submitted on Plaintiff's Emergency Motion 3 for Preliminary Injunction To Restore Score Validity and Plaintiff's Motion 11 to Certify Class Under Rule 23(b)(2). Plaintiff's Emergency Motion 3 is DENIED and Plaintiff's Motion 11 is RESERVED for reasons stated on the record. Forthcoming written Opinion and Order. (Court Reporter: Lisa Moreira)
18. Notice of Appearance for Jamie Crooks
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Motion Hearing
February 23, 2024
19. Notice of Appearance for Kritika Tara Deb
20. MEMORANDUM OPINION AND ORDER denying 3 Plaintiff's Motion for Preliminary Injunction; denying, without prejudice to renewal, 11 Plaintiff's Motion to Certify Class; denying Plaintiff's motion for an injunction pending appeal; and denying Plaintiff's motion to continue deadlines for responding to Defendant's score-invalidation notice. See full Memorandum Opinion and Order for details. Signed by Judge Christopher R. Cooper on 2/23/2024.
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