Case: Roman Catholic Diocese of Dallas v. Sebelius

3:12-cv-01589 | U.S. District Court for the Northern District of Texas

Filed Date: May 21, 2012

Closed Date: 2013

Clearinghouse coding complete

Case Summary

On May 21, 2012, the Catholic Diocese of Dallas filed a lawsuit in the Eastern District of Missouri against the Federal Government under the Religious Freedom Restoration Act (42 U.S.C. § 2000bb), the Administrative Procedure Act (5 U.S.C. § 706(2)), and the First Amendment. Plaintiffs, represented by private counsel, sought to enjoin enforcement of provisions of the Affordable Care Act (ACA) extending universal contraception coverage in employer-sponsored private health insurance coverage. Plaintiffs contended that this mandatory contraception coverage violates their sincerely held religious beliefs.

On February 26, 2013, Judge Jane J. Boyle granted defendants' motion to dismiss for lack of ripeness.

Summary Authors

Christopher Schad (5/22/2012)

Wyatt Fore (3/29/2013)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/5228091/parties/roman-catholic-diocese-of-dallas-v-sebelius/


Judge(s)

Boyle, Jane J. (Texas)

Attorneys(s) for Plaintiff

Ghorayeb, Basheer Y. (Texas)

Lyons, Katherine J. (Texas)

Marinkovic, Tamara (Texas)

Murphy, Terence M. (Texas)

Schroeter, Thomas K. (Texas)

Teater, James S. (Texas)

Attorneys(s) for Defendant

Humphreys, Bradley Philip (District of Columbia)

Other Attorney(s)

Active

Judge(s)

Boyle, Jane J. (Texas)

Attorneys(s) for Plaintiff

Ghorayeb, Basheer Y. (Texas)

Lyons, Katherine J. (Texas)

Marinkovic, Tamara (Texas)

Murphy, Terence M. (Texas)

Schroeter, Thomas K. (Texas)

Teater, James S. (Texas)

Attorneys(s) for Defendant

Humphreys, Bradley Philip (District of Columbia)

Other Attorney(s)

White, Edward L. III (Michigan)

Documents in the Clearinghouse

Document

3:12-cv-01589

Docket [PACER]

Feb. 26, 2013

Feb. 26, 2013

Docket
1

3:12-cv-01589

Plaintiff's Original Complaint

May 21, 2012

May 21, 2012

Complaint
54

3:12-cv-01589

Memorandum Opinion and Order

The Roman Catholic Diocese of Dallas v. Sebelius

927 F.Supp.2d 406, 2013 WL 687080, 2013 U.S.Dist.LEXIS 25818

Feb. 26, 2013

Feb. 26, 2013

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/5228091/roman-catholic-diocese-of-dallas-v-sebelius/

Last updated Aug. 2, 2022, 3:10 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT WITH JURY DEMAND against All Defendants filed by Roman Catholic Diocese of Dallas. Clerk to issue summons(es). In each Notice of Electronic Filing, the judge assignment is indicated, and a link to the Judges Copy Requirements is provided. The court reminds the filer that any required copy of this and future documents must be delivered to the judge, in the manner prescribed, within three business days of filing. (Filing fee $350; Receipt number 0539- 4590792) Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas should seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here: Attorney Information - Bar Membership (Attachments: # 1 Cover Sheet) (Murphy, Terence) (Entered: 05/21/2012)

May 21, 2012

May 21, 2012

2

CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Roman Catholic Diocese of Dallas. (Murphy, Terence) (Entered: 05/21/2012)

May 21, 2012

May 21, 2012

3

New Case Notes: A filing fee has been paid. File to Judge Boyle. Pursuant to Misc. Order 6, Plaintiff is provided the Notice of Right to Consent to Proceed Before A U.S. Magistrate Judge (Judge Kaplan). Clerk to provide copy to plaintiff if not received electronically. (tln) (Entered: 05/21/2012)

May 21, 2012

May 21, 2012

4

Summons issued as to Timothy Geithner, Kathleen Sebelius, Hilda Solis, U.S. Department of Health and Human Services, U.S. Department of Labor, U.S. Department of Treasury, U.S. Attorney, and U.S. Attorney General. (tln) (Entered: 05/21/2012)

May 21, 2012

May 21, 2012

5

NOTICE of Attorney Appearance by Bradley Philip Humphreys on behalf of Timothy Geithner, Kathleen Sebelius, Hilda Solis, U.S. Department of Health and Human Services, U.S. Department of Labor, U.S. Department of Treasury. (Humphreys, Bradley) (Entered: 07/11/2012)

July 11, 2012

July 11, 2012

6

MOTION to Extend Time to Respond filed by Timothy Geithner, Roman Catholic Diocese of Dallas, Kathleen Sebelius, Hilda Solis, U.S. Department of Health and Human Services, U.S. Department of Labor, U.S. Department of Treasury with Brief/Memorandum in Support. (Attachments: # 1 Proposed Order) (Humphreys, Bradley) (Entered: 07/11/2012)

July 11, 2012

July 11, 2012

7

ELECTRONIC ORDER granting 6 Motion to Extend Time. The parties' Joint the Complaint shall be due on or before August 6, 2012; (b) Plaintiff shall file its opposition to such motion on or before August 27, 2012; and (c) Defendants shall file their reply no later than 28 days after Plaintiff files its opposition to the motion to dismiss. (Ordered by Judge Jane J Boyle on 7/12/2012) (chmb) (Entered: 07/12/2012)

July 12, 2012

July 12, 2012

8

AFFIDAVIT of Service for Summons and Complaint served on Timothy Geithner, Kathleen Sebelius, Hilda Solis, US Department of Health and Human Services, US Department of Labor, US Department of Treasury on 5/21/2012. (Attachments: # 1 Exhibit(s) A - Certified Mail Return Receipts) (Murphy, Terence) (Entered: 07/13/2012)

July 13, 2012

July 13, 2012

9

MOTION to Dismiss for Lack of Jurisdiction filed by Timothy Geithner, Kathleen Sebelius, Hilda Solis, U.S. Department of Health and Human Services, U.S. Department of Labor, U.S. Department of Treasury with Brief/Memorandum in Support. (Attachments: # 1 Proposed Order) (Humphreys, Bradley) (Entered: 08/06/2012)

Aug. 6, 2012

Aug. 6, 2012

10

CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Timothy Geithner, Kathleen Sebelius, Hilda Solis, U.S. Department of Health and Human Services, U.S. Department of Labor, U.S. Department of Treasury. (Humphreys, Bradley) (Entered: 08/06/2012)

Aug. 6, 2012

Aug. 6, 2012

11

CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by American Center for Law & Justice, et al.. (White, Edward) (Entered: 08/20/2012)

Aug. 20, 2012

Aug. 20, 2012

12

MOTION for Leave to File to Appear as Amici Curiae and to File Amici Curiae Brief in Support of Plaintiff on Behalf of the American Center for Law & Justice and 79 Members of Congress filed by American Center for Law & Justice, et al. with Brief/Memorandum in Support. (Attachments: # 1 Proposed Order, # 2 Amici Curiae Brief of the American Center for Law & Justice and 79 Members of Congress in Support of Plaintiff) (White, Edward) (Entered: 08/20/2012)

Aug. 20, 2012

Aug. 20, 2012

13

RESPONSE filed by Roman Catholic Diocese of Dallas re: 9 MOTION to Dismiss for Lack of Jurisdiction (Murphy, Terence) (Entered: 08/27/2012)

Aug. 27, 2012

Aug. 27, 2012

14

MOTION for Leave to File Excess Pages filed by Timothy Geithner, Kathleen Sebelius, Hilda Solis, U.S. Department of Health and Human Services, U.S. Department of Labor, U.S. Department of Treasury with Brief/Memorandum in Support. (Attachments: # 1 Proposed Order) (Humphreys, Bradley) (Entered: 09/19/2012)

Sept. 19, 2012

Sept. 19, 2012

15

ELECTRONIC ORDER granting 14 Motion for Leave to File. (Ordered by Judge Jane J Boyle on 9/21/2012) (Judge Jane J Boyle) (Entered: 09/21/2012)

Sept. 21, 2012

Sept. 21, 2012

16

REPLY filed by Timothy Geithner, Kathleen Sebelius, Hilda Solis, U.S. Department of Health and Human Services, U.S. Department of Labor, U.S. Department of Treasury re: 9 MOTION to Dismiss for Lack of Jurisdiction (Humphreys, Bradley) (Entered: 09/24/2012)

Sept. 24, 2012

Sept. 24, 2012

18

Unopposed MOTION for Leave to File Notice of Supplemental Authority filed by Timothy Geithner, Kathleen Sebelius, Hilda Solis, U.S. Department of Health and Human Services, U.S. Department of Labor, U.S. Department of Treasury with Brief/Memorandum in Support. (Attachments: # 1 Exhibit(s) 1 - Notice of Supplemental Authority, # 2 Exhibit(s) 2 - Legatus v. Sebelius, # 3 Proposed Order) (Humphreys, Bradley) (Entered: 11/13/2012)

Nov. 13, 2012

Nov. 13, 2012

19

ELECTRONIC ORDER granting 18 Motion: The Court GRANTS Defendant's Unopposed Motion for Leave to File Notice of Supplemental Authority. (Ordered by Judge Jane J Boyle on 11/14/2012) (chmb) (Entered: 11/14/2012)

Nov. 14, 2012

Nov. 14, 2012

20

NOTICE of Supplemental Authority re: 9 MOTION to Dismiss for Lack of Jurisdiction filed by Timothy Geithner, Kathleen Sebelius, Hilda Solis, U.S. Department of Health and Human Services, U.S. Department of Labor, U.S. Department of Treasury (Attachments: # 1 Exhibit(s) 1 - Legatus v. Sebelius) (Humphreys, Bradley) (Entered: 11/14/2012)

Nov. 14, 2012

Nov. 14, 2012

21

Unopposed MOTION for Leave to File Notice of Supplemental Authority filed by Timothy Geithner, Kathleen Sebelius, Hilda Solis, U.S. Department of Health and Human Services, U.S. Department of Labor, U.S. Department of Treasury with Brief/Memorandum in Support. (Attachments: # 1 Exhibit(s) Notice of Supplemental Authority, # 2 Exhibit(s) Catholic Diocese of Nashville v. Sebelius, # 3 Exhibit(s) Zubik v. Sebelius, # 4 Proposed Order Proposed Order) (Humphreys, Bradley) (Entered: 11/30/2012)

Nov. 30, 2012

Nov. 30, 2012

22

ELECTRONIC ORDER granting 21 Motion: The Court GRANTS Defendant's Unopposed Motion for Leave to File Notice of Supplemental Authority. (Ordered by Judge Jane J Boyle on 11/30/2012) (chmb) (Entered: 11/30/2012)

Nov. 30, 2012

Nov. 30, 2012

23

NOTICE of Supplemental Authority re: 9 MOTION to Dismiss for Lack of Jurisdiction filed by Timothy Geithner, Kathleen Sebelius, Hilda Solis, U.S. Department of Health and Human Services, U.S. Department of Labor, U.S. Department of Treasury (Attachments: # 1 Exhibit(s) Catholic Diocese of Nashville v. Sebelius, # 2 Exhibit(s) Zubik v. Sebelius) (Humphreys, Bradley) (Entered: 12/04/2012)

Dec. 4, 2012

Dec. 4, 2012

24

MOTION for Leave to File Response to Notice of Supplemental Authority filed by Roman Catholic Diocese of Dallas (Attachments: # 1 Exhibit(s) Response to Defendants' Notice of Supplemental Authority, # 2 Proposed Order) (Schroeter, Thomas) (Entered: 12/05/2012)

Dec. 5, 2012

Dec. 5, 2012

25

ELECTRONIC ORDER granting 24 Motion: The Court GRANTS Plaintiff's unopposed Motion for Leave to File Response to Notice of Supplemental Authority. (Ordered by Judge Jane J Boyle on 12/5/2012) (chmb) Modified on 12/5/2012 (jrr). (Entered: 12/05/2012)

Dec. 5, 2012

Dec. 5, 2012

26

RESPONSE filed by Roman Catholic Diocese of Dallas re: 20 Notice (Other), (Schroeter, Thomas) (Entered: 12/05/2012)

Dec. 5, 2012

Dec. 5, 2012

28

Court Request for Recusal: Magistrate Judge David L. Horan enters his recusal. Magistrate Judge Paul D. Stickney chosen by random selection to handle matters that may be referred in this case (gr) (Entered: 12/11/2012)

Dec. 11, 2012

Dec. 11, 2012

29

ELECTRONIC ORDER granting 27 Motion: The Court GRANTS Plaintiff's Unopposed Motion for Leave to File Notice of Supplemental Authority. (Ordered by Judge Jane J Boyle on 12/17/2012) (chmb) (Entered: 12/17/2012)

Dec. 17, 2012

Dec. 17, 2012

30

NOTICE of Supplemental Authority filed by Roman Catholic Diocese of Dallas (Attachments: # 1 Exhibit(s)) (Ghorayeb, Basheer) (Entered: 12/17/2012)

Dec. 17, 2012

Dec. 17, 2012

31

Unopposed MOTION for Leave to File Response to Plaintiffs' Notice of Supplemental Authority filed by Timothy Geithner, Kathleen Sebelius, Hilda Solis, U.S. Department of Health and Human Services, U.S. Department of Labor, U.S. Department of Treasury with Brief/Memorandum in Support. (Attachments: # 1 Exhibit(s) Response to Plaintiffs Notice of Supplemental Authority, # 2 Proposed Order) (Humphreys, Bradley) (Entered: 12/20/2012)

Dec. 20, 2012

Dec. 20, 2012

32

ELECTRONIC ORDER granting 31 Motion: The Court GRANTS Defendants' Unopposed Motion for Leave to File Response to Plaintiff's Notice of Supplemental Authority. (Ordered by Judge Jane J Boyle on 12/21/2012) (chmb) (Entered: 12/21/2012)

Dec. 21, 2012

Dec. 21, 2012

33

Unopposed MOTION for Leave to File Notice of Supplemental Authority filed by Roman Catholic Diocese of Dallas (Attachments: # 1 Exhibit(s), # 2 Exhibit(s), # 3 Proposed Order) (Ghorayeb, Basheer) (Entered: 01/02/2013)

Jan. 2, 2013

Jan. 2, 2013

34

ELECTRONIC ORDER granting 33 Motion: The Court GRANTS Plaintiff's Unopposed Motion for Leave to File Notice of Supplemental Authority. (Ordered by Judge Jane J Boyle on 1/2/2013) (chmb) (Entered: 01/02/2013)

Jan. 2, 2013

Jan. 2, 2013

35

NOTICE of Supplemental Authority filed by Roman Catholic Diocese of Dallas (Attachments: # 1 Exhibit(s)) (Ghorayeb, Basheer) (Entered: 01/02/2013)

Jan. 2, 2013

Jan. 2, 2013

36

Unopposed MOTION for Leave to File Response to Plaintiff's Notice of Supplemental Authority re: Wheaton College v. Sebelius filed by Timothy Geithner, Kathleen Sebelius, Hilda Solis, U.S. Department of Health and Human Services, U.S. Department of Labor, U.S. Department of Treasury with Brief/Memorandum in Support. (Attachments: # 1 Exhibit(s) Response to Plaintiff's Notice of Supplemental Authority, # 2 Exhibit(s) Proposed Order) (Humphreys, Bradley) (Entered: 01/14/2013)

Jan. 14, 2013

Jan. 14, 2013

37

Unopposed MOTION for Leave to File Notice of Supplemental Authority filed by Timothy Geithner, Kathleen Sebelius, Hilda Solis, U.S. Department of Health and Human Services, U.S. Department of Labor, U.S. Department of Treasury with Brief/Memorandum in Support. (Attachments: # 1 Exhibit(s) Notice of Supplemental v. Sebelius, # 4 Exhibit(s) University of Notre Dame v. Sebelius, # 5 Exhibit(s) Catholic Diocese of Peoria v. Sebelius, # 6 Exhibit(s) Colorado Christian University v. Sebelius) (Humphreys, Bradley) (Entered: 01/14/2013)

Jan. 14, 2013

Jan. 14, 2013

38

ELECTRONIC ORDER granting 36 Motion: The Court GRANTS the government's unopposed Motion for Leave to File Response to Notice of Supplemental Authority. (Ordered by Judge Jane J Boyle on 1/15/2013) (chmb) (Entered: 01/15/2013)

Jan. 15, 2013

Jan. 15, 2013

39

ELECTRONIC ORDER granting 37 Motion: The Court GRANTS the government's unopposed Motion for Leave to File Response to Notice of Supplemental Authority. (Ordered by Judge Jane J Boyle on 1/15/2013) (chmb) (Entered: 01/15/2013)

Jan. 15, 2013

Jan. 15, 2013

40

RESPONSE filed by Timothy Geithner, Kathleen Sebelius, Hilda Solis, U.S. Department of Health and Human Services, U.S. Department of Labor, U.S. Department of Treasury re: 35 Notice of Supplemental Authority (Humphreys, Bradley) Modified text on 1/16/2013 (rlw). (Entered: 01/15/2013)

Jan. 15, 2013

Jan. 15, 2013

41

NOTICE of Supplemental Authority re: 9 MOTION to Dismiss for Lack of Jurisdiction filed by Timothy Geithner, Kathleen Sebelius, Hilda Solis, U.S. Department of Health and Human Services, U.S. Department of Labor, U.S. Department of Treasury (Attachments: # 1 Exhibit(s) Catholic Diocese of Biloxi v. Sebelius, # 2 Exhibit(s) University of Notre Dame v. Sebelius, # 3 Exhibit(s) Catholic Diocese of Peoria v. Sebelius, # 4 Exhibit(s) Colorado Christian University v. Sebelius) (Humphreys, Bradley) (Entered: 01/15/2013)

Jan. 15, 2013

Jan. 15, 2013

42

ORDER: Directing the Parties to Submit Additional Briefing. (Ordered by Judge Jane J Boyle on 1/28/2013) (Judge Jane J Boyle) (Entered: 01/28/2013)

Jan. 28, 2013

Jan. 28, 2013

43

Unopposed MOTION for Leave to File Notice of Supplemental Authority filed by Roman Catholic Diocese of Dallas (Attachments: # 1 Exhibit(s), # 2 Exhibit(s), # 3 Proposed Order) (Ghorayeb, Basheer) (Entered: 02/04/2013)

Feb. 4, 2013

Feb. 4, 2013

44

ELECTRONIC ORDER granting 43 Motion: The Court GRANTS Plaintiff's Unopposed Motion for Leave to File Notice of Supplemental Authority. (Ordered by Judge Jane J Boyle on 2/4/2013) (chmb) (Entered: 02/05/2013)

Feb. 5, 2013

Feb. 5, 2013

45

NOTICE of Supplemental Authority filed by Roman Catholic Diocese of Dallas (Attachments: # 1 Exhibit(s)) (Ghorayeb, Basheer) (Entered: 02/05/2013)

Feb. 5, 2013

Feb. 5, 2013

46

Unopposed MOTION for Leave to File Notice of Supplemental Authority filed by Timothy Geithner, Kathleen Sebelius, Hilda Solis, U.S. Department of Health and Human Services, U.S. Department of Labor, U.S. Department of Treasury with Brief/Memorandum in Support. (Attachments: # 1 Exhibit(s) Notice of Supplemental Authority, # 2 Proposed Order, # 3 Exhibit(s) Most Reverend Lawrence T. Persico v. Sebelius, # 4 Exhibit(s) Roman Catholic Archbishop of Washington v. Sebelius, # 5 Exhibit(s) Archdiocese of St. Louis v. Sebelius) (Humphreys, Bradley) (Entered: 02/07/2013)

Feb. 7, 2013

Feb. 7, 2013

47

ELECTRONIC ORDER granting 46 Motion: The Court GRANTS the government's Unopposed Motion for Leave to File Notice of Supplemental Authority. (Ordered by Judge Jane J Boyle on 2/7/2013) (chmb) (Entered: 02/07/2013)

Feb. 7, 2013

Feb. 7, 2013

48

NOTICE of Supplemental Authority re: 9 MOTION to Dismiss for Lack of Jurisdiction filed by Timothy Geithner, Kathleen Sebelius, Hilda Solis, U.S. Department of Health and Human Services, U.S. Department of Labor, U.S. Department of Treasury (Attachments: # 1 Exhibit(s) Most Reverend Lawrence T. Persico v. Sebelius, # 2 Exhibit(s) Roman Catholic Archbishop of Washington v. Sebelius, # 3 Exhibit(s) Archdiocese of St. Louis v. Sebelius) (Humphreys, Bradley) (Entered: 02/07/2013)

Feb. 7, 2013

Feb. 7, 2013

49

Brief/Memorandum in Support filed by Timothy Geithner, Kathleen Sebelius, Hilda Solis, U.S. Department of Health and Human Services, U.S. Department of Labor, U.S. Department of Treasury re 9 MOTION to Dismiss for Lack of Jurisdiction regarding the Religious Employer Exemption (Humphreys, Bradley) (Entered: 02/08/2013)

Feb. 8, 2013

Feb. 8, 2013

50

Brief/Memorandum in Support filed by Roman Catholic Diocese of Dallas re 42 Order Directing Additional Briefing (Attachments: # 1 Exhibit(s)) (Ghorayeb, Basheer) (Entered: 02/08/2013)

Feb. 8, 2013

Feb. 8, 2013

51

Unopposed MOTION for Leave to File Response to Plaintiff's Notice of Supplemental Authority filed by Timothy Geithner, Kathleen Sebelius, Hilda Solis, U.S. Department of Health and Human Services, U.S. Department of Labor, U.S. Department of Treasury with Brief/Memorandum in Support. (Attachments: # 1 Exhibit(s) Response to Plaintiff's Notice of Supplemental Authority, # 2 Proposed Order) (Humphreys, Bradley) (Entered: 02/08/2013)

Feb. 8, 2013

Feb. 8, 2013

52

ELECTRONIC ORDER granting 51 Motion: The Court GRANTS the government's Unopposed Motion for Leave to File a Response to Plaintiff's Notice of Supplemental Authority. (Ordered by Judge Jane J Boyle on 2/8/2013) (chmb) (Entered: 02/08/2013)

Feb. 8, 2013

Feb. 8, 2013

53

RESPONSE filed by Timothy Geithner, Kathleen Sebelius, Hilda Solis, U.S. Department of Health and Human Services, U.S. Department of Labor, U.S. Department of Treasury re: 45 Notice (Other) (Humphreys, Bradley) (Entered: 02/08/2013)

Feb. 8, 2013

Feb. 8, 2013

54

MEMORANDUM OPINION & ORDER granting in part and denying in part 9 Motion to Dismiss for Lack of Jurisdiction. The Complaint is dismissed in its entirety. (Ordered by Judge Jane J Boyle on 2/26/2013) (skt)

Feb. 26, 2013

Feb. 26, 2013

RECAP

Case Details

State / Territory: Texas

Case Type(s):

Speech and Religious Freedom

Special Collection(s):

Contraception Insurance Mandate

Multi-LexSum (in sample)

Key Dates

Filing Date: May 21, 2012

Closing Date: 2013

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Roman Catholic Diocese of Dallas.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

U.S. Department of Treasury, Federal

U.S. Department of Labor, Federal

U.S. Department of Health and Human Services, Federal

Defendant Type(s):

Hospital/Health Department

Case Details

Causes of Action:

Religious Freedom Rest. Act/Religious Land Use and Inst. Persons Act (RFRA/RLUIPA)

Administrative Procedure Act, 5 U.S.C. §§ 551 et seq.

Constitutional Clause(s):

Freedom of speech/association

Free Exercise Clause

Establishment Clause

Availably Documents:

Trial Court Docket

Complaint (any)

Non-settlement Outcome

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Source of Relief:

None

Issues

General:

Contraception

Religious programs / policies

Discrimination-basis:

Religion discrimination