Case: Zubik v. Sebelius [I]

2:12-cv-00676 | U.S. District Court for the Western District of Pennsylvania

Filed Date: May 21, 2012

Closed Date: July 23, 2013

Clearinghouse coding complete

Case Summary

This case was one of 12 cases filed on May 21, 2012, in federal district courts across the country, by non-profit Catholic organizations challenging the ACA's provisions to ensure that employee health insurance covers birth control. In each, the plaintiffs objected to notifying the government or their health insurer that they were claiming a religious exemption from provision of contraception. That self-certification assisted the government in working with the insurer or health benefits provider to ensure that the plaintiffs' employees would have access to contraception. The employers who filed this group of cases argued that this approach violated their religious liberty because their certification started a chain of events that resulted in their employees receiving contraception.

This particular case was filed by Bishop Zubik, of the Roman Catholic Diocese of Pittsburgh, and the Catholic Charities of the Diocese of Pittsburgh.

(See Zubik v. Sebelius [II] for the second iteration of this claim, which is in front of the Supreme Court in the spring of 2016; on March 23, 2016, the Supreme Court will hear argument on whether the current regulation violates the Religious Freedom Restoration Act.)

In 2010, Congress passed the Affordable Care Act, which requires employers who offer their employeees health insurance to provide coverage of preventive care and screenings for women, without cost sharing (such as a copayment, coinsurance, or a deductible), following guidelines established by the Department of Health and Human Services (HHS). In 2012, HHS's regulation was issued, and required covered of were issued, and included “[a]ll Food and Drug Administration . . . approved contraceptive methods, sterilization procedures, and patient education and counseling for all women with reproductive capacity,” as prescribed by a health care provider. 77 Fed. Reg. at 8725. See 26 C.F.R. § 54.9815-2713(a)(1)(iv); 29 C.F.R. § 2590.715-2713(a)(1)(iv); 45 C.F.R.

§ 147.130(a)(1)(iv).

The implementing regulations, issued in February 2012, authorized an exemption from contraceptive coverage for the group health plan of a “religious employer,” 45 C.F.R. § 147.131(a).

In order to qualify as a “religious employer,” an employer had to meet the following criteria:

(1) Has the inculcation of religious values as its purpose.

(2) primarily employs persons who share its religious tenets;

(3) primarily serves persons who share its religious tenets; and.

(4) is a non-profit organized as a church

At the same time as posting the regulations, HHS established a temporary enforcement “safe-harbor” for group health care plans sponsored by certain non-profit organizations with religious objections to contraceptive coverage that did not qualify as religious employers. Such organizations were required to "self-certify" that they satisfied the safe-harbor criteria.

On March 21, 2012, HHS published an “advance notice of proposed rulemaking” (“ANPRM”), in which it announced its intention to propose regulatory amendments that “would establish alternative ways to fulfill the requirements of [the ACA] when health coverage is sponsored or arranged by a religious organization that objects to the coverage of contraceptive services for religious reasons and that is not exempt under the final regulations published February 15, 2012.” 77 Fed.Reg. 16,501.

The plaintiffs asked the U.S. District Court for the Western District of Pennsylvania to find that the federal government had violated their rights under the Religious Freedom Restoration Act (RFRA), the Administrative Procedure Act (APA), and the First and Fifth Amendments, by requiring them to start the process that would provide contraception to their employees. Represented by private counsel, they asked the court to issue a preliminary and permanent injunction prohibiting enforcement against them of the ACA's contraception mandate or certification requirement.

On November 27, 2012, the District Court (Judge Terrence F. McVerry) granted the government's motion to dismiss without prejudice for lack of ripeness and standing. 911 F. Supp. 2d 314, 318 (W.D. Pa. 2012). The Court found that since the government was amending the regulation to address the concerns of religious employers, the plaintiffs' claims were not ready for judicial review, particularly since the plaintiff hadn't yet been hurt by the regulations.

On January 23, 2013, plaintiffs appealed the District Court's order to dismiss. The parties then reached an agreement that was not made public, and on July 23, 2013, a clerk for the U.S. Court of Appeals for the Third Circuit (Marcia M. Waldron) dismissed the case pursuant to Fed. R. App. P. 42(b), without cost to either party.

The final regulation came out in July 2, 2013, On October 8, 2013, the plaintiffs filed a new lawsuit, again in the Western District of Pennsylvania. See Zubik v. Sebelius [II]. The Supreme Court will hear that case on March 23, 2016; decision is expected by the end of June 2016.

show full summary

Summary Authors

Joshua Arocho (5/22/2012)

Richard Jolly (4/20/2014)

Kate Craddock (3/7/2016)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/5162488/parties/most-reverend-david-a-zubik-bishop-of-the-roman-catholic-diocese-of/

Judge(s)

Attorney for Plaintiff

DeJulius, Leon F. Jr. (Pennsylvania)

Ellsworth, Laura E. (Pennsylvania)

Goetz, John D. (Pennsylvania)

Attorney for Defendant

Expert/Monitor/Master

Fardo, Noah Paul (Pennsylvania)

Gibbons, Charles B. (Pennsylvania)

Judge(s)

McVerry, Terrence F. (Pennsylvania)

Attorney for Plaintiff

DeJulius, Leon F. Jr. (Pennsylvania)

Ellsworth, Laura E. (Pennsylvania)

Goetz, John D. (Pennsylvania)

Joyce, Rita F (Pennsylvania)

Karoll, Ira M (Pennsylvania)

Pohl, Paul M. (Pennsylvania)

Stahler, Mary Pat (Pennsylvania)

Attorney for Defendant

Humphreys, Bradley Philip (District of Columbia)

Jed, Adam C. (District of Columbia)

Klein, Alisa B. (District of Columbia)

Stern, Marc (District of Columbia)

Expert/Monitor/Master

Fardo, Noah Paul (Pennsylvania)

Gibbons, Charles B. (Pennsylvania)

Rapp, Francis C. Jr. (Pennsylvania)

White, Edward L. III (Michigan)

Attorney Contact Information via CourtListener

show all people

Documents in the Clearinghouse

	Document
2:12-cv-00676 13-01228	Docket [PACER] Zubik v. Sebelius	July 23, 2013	July 23, 2013 Docket
1 2:12-cv-00676	Complaint Zubik v. Sebelius	May 21, 2012	May 21, 2012 Complaint
56 2:12-cv-00676	Opinion and Order Zubik v. Sebelius	Nov. 27, 2012	Nov. 27, 2012 Order/Opinion
59 2:12-cv-00676 13-01228	Order [USCA Dismissing Case Per Agreement] Zubik v. Sebelius U. S. Court of Appeals for the Third Circuit	July 23, 2013	July 23, 2013 Order/Opinion

show / hide documents

Docket

See docket on RECAP: https://www.courtlistener.com/docket/5162488/most-reverend-david-a-zubik-bishop-of-the-roman-catholic-diocese-of/

Last updated Aug. 7, 2023, 3:08 a.m.

ECF Number	Description	Date	Link Date / Link
1	COMPLAINT against TIMOTHY GEITHNER, KATHLEEN SEBELIUS, HILDA SOLIS, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES, U.S. DEPARTMENT OF LABOR, U.S. DEPARTMENT OF TREASURY (Filing fee $350, receipt number 2375027), filed by THE ROMAN CATHOLIC DIOCESE OF PITTSBURGH, THE CATHOLIC CEMETERIES ASSOCIATION OF THE DIOCESE OF PITTSBURGH, MOST REVEREND DAVID A. ZUBIK, BISHOP OF THE ROMAN CATHOLIC DIOCESE OF PITTSBURGH, CATHOLIC CHARITIES OF THE DIOCESE OF PITTSBURGH, INC. (Attachments: # 1 Civil Cover Sheet, # 2 Summons Eric Holder, Jr, Attorney General U.S. Dept. of Justice, # 3 Summons Hilda Solis, Secy of U.S. Dept. of Labor, # 4 Summons Secy of U.S. Dept of HHS, # 5 Summons Secy of U.S. Dept of Treasury, # 6 Summons U.S. Attorney's Office, # 7 Summons U.S. Dept of Labor, # 8 Summons U.S. Dept of the Treasury, # 9 Summons U.S. Dept of HHS) (plh) (Entered: 05/21/2012)	May 21, 2012	May 21, 2012
2	Disclosure Statement identifying none as corporate parent or other affiliate, by THE ROMAN CATHOLIC DIOCESE OF PITTSBURGH. (plh) (Entered: 05/21/2012)	May 21, 2012	May 21, 2012
4	Disclosure Statement identifying none as corporate parent or other affiliate, by CATHOLIC CHARITIES OF THE DIOCESE OF PITTSBURGH, INC. (plh) (Entered: 05/21/2012)	May 21, 2012	May 21, 2012
	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 (plh) (Entered: 05/21/2012)	May 21, 2012	May 21, 2012
5	NOTICE of Appearance by John D. Goetz on behalf of CATHOLIC CHARITIES OF THE DIOCESE OF PITTSBURGH, INC, MOST REVEREND DAVID A. ZUBIK, BISHOP OF THE ROMAN CATHOLIC DIOCESE OF PITTSBURGH, THE CATHOLIC CEMETERIES ASSOCIATION OF THE DIOCESE OF PITTSBURGH, THE ROMAN CATHOLIC DIOCESE OF PITTSBURGH. (Goetz, John) (Entered: 05/24/2012)	May 24, 2012	May 24, 2012
6	NOTICE of Appearance by Leon F. DeJulius on behalf of CATHOLIC CHARITIES OF THE DIOCESE OF PITTSBURGH, INC, MOST REVEREND DAVID A. ZUBIK, BISHOP OF THE ROMAN CATHOLIC DIOCESE OF PITTSBURGH, THE CATHOLIC CEMETERIES ASSOCIATION OF THE DIOCESE OF PITTSBURGH, THE ROMAN CATHOLIC DIOCESE OF PITTSBURGH. (DeJulius, Leon) (Entered: 05/24/2012)	May 24, 2012	May 24, 2012
7	NOTICE of Appearance by Laura E. Ellsworth on behalf of CATHOLIC CHARITIES OF THE DIOCESE OF PITTSBURGH, INC, MOST REVEREND DAVID A. ZUBIK, BISHOP OF THE ROMAN CATHOLIC DIOCESE OF PITTSBURGH, THE CATHOLIC CEMETERIES ASSOCIATION OF THE DIOCESE OF PITTSBURGH, THE ROMAN CATHOLIC DIOCESE OF PITTSBURGH. (Ellsworth, Laura) (Entered: 05/24/2012)	May 24, 2012	May 24, 2012
8	NOTICE of Appearance by Ira M. Karoll on behalf of CATHOLIC CHARITIES OF THE DIOCESE OF PITTSBURGH, INC, MOST REVEREND DAVID A. ZUBIK, BISHOP OF THE ROMAN CATHOLIC DIOCESE OF PITTSBURGH, THE CATHOLIC CEMETERIES ASSOCIATION OF THE DIOCESE OF PITTSBURGH, THE ROMAN CATHOLIC DIOCESE OF PITTSBURGH. (Karoll, Ira) (Entered: 05/24/2012)	May 24, 2012	May 24, 2012
9	NOTICE of Appearance by Mary Pat Stahler on behalf of CATHOLIC CHARITIES OF THE DIOCESE OF PITTSBURGH, INC, MOST REVEREND DAVID A. ZUBIK, BISHOP OF THE ROMAN CATHOLIC DIOCESE OF PITTSBURGH, THE CATHOLIC CEMETERIES ASSOCIATION OF THE DIOCESE OF PITTSBURGH, THE ROMAN CATHOLIC DIOCESE OF PITTSBURGH. (Stahler, Mary Pat) (Entered: 05/24/2012)	May 24, 2012	May 24, 2012
10	NOTICE that instant civil action has been designated for placement into the United States District Court's Alternative Dispute Resolution program. Parties are directed to fully complete the required 26(f) report, which includes the stipulation of selecting an ADR process. Counsel for plaintiff (or in the case of a removal action, counsel for removing defendant) shall make service of the notice on all parties. (kly) (Entered: 05/25/2012)	May 25, 2012	May 25, 2012
11	SUMMONS/Return of Service Returned Executed by THE ROMAN CATHOLIC DIOCESE OF PITTSBURGH, THE CATHOLIC CEMETERIES ASSOCIATION OF THE DIOCESE OF PITTSBURGH, MOST REVEREND DAVID A. ZUBIK, BISHOP OF THE ROMAN CATHOLIC DIOCESE OF PITTSBURGH, CATHOLIC CHARITIES OF THE DIOCESE OF PITTSBURGH, INC. UNITED STATES OF AMERICA served on 5/25/2012 answer due 7/24/2012. (Attachments: # 1 Exhibit) (Pohl, Paul) Modified on 6/15/2012 to add additional docket text. (ksa) (Entered: 06/14/2012)	June 14, 2012	June 14, 2012
	Update Answer Deadline: Answer due from KATHLEEN SEBELIUS on 7/24/2012; HILDA SOLIS on 7/24/2012; U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES on 7/24/2012; U.S. DEPARTMENT OF LABOR on 7/24/2012; U.S. DEPARTMENT OF TREASURY on 7/24/2012. (ksa) (Entered: 06/15/2012)	June 15, 2012	June 15, 2012
	Update Answer Deadline: Answer due from TIMOTHY GEITHNER on 7/24/2012. (ksa) (Entered: 06/15/2012)	June 15, 2012	June 15, 2012
13	Joint MOTION to Extend Time to Respond to Complaint 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 Proposed Order) (Humphreys, Bradley) (Entered: 07/03/2012)	July 3, 2012	July 3, 2012
14	ORDER granting 13 Motion to Extend Time for to Respond to Complaint. Defendants' Motion to Dismiss shall be filed on or before 8/6/2012. Plaintiffs shal file their opposition to such Motion on or before 8/27/2012. Defendants shall file their reply no later than 28 days after Plaintiffs file their opposition to any Motion to Dismiss. Signed by Judge Terrence F. McVerry on 7/6/2012. (kly) (Entered: 07/06/2012)	July 6, 2012	July 6, 2012
	Update Deadlines: Motions due by 8/6/2012. Response to Motions due by 8/27/2012. (kly) (Entered: 07/06/2012)	July 6, 2012	July 6, 2012
15	MOTION for Leave to File Amicus Curiae Brief in Support of Defendants by CATHOLIC CHARITIES OF THE DIOCESE OF PITTSBURGH, INC, MOST REVEREND DAVID A. ZUBIK, BISHOP OF THE ROMAN CATHOLIC DIOCESE OF PITTSBURGH, THE CATHOLIC CEMETERIES ASSOCIATION OF THE DIOCESE OF PITTSBURGH, THE ROMAN CATHOLIC DIOCESE OF PITTSBURGH. (Attachments: # 1 Exhibit, # 2 Proposed Order) (Rapp, Francis) Modified on 8/7/2012. (plh) This document removed from public view and redocketed at Doc. # 19 . (Entered: 08/06/2012)	Aug. 6, 2012	Aug. 6, 2012
16	Disclosure Statement identifying None as corporate parent or other affiliate, by CATHOLIC CHARITIES OF THE DIOCESE OF PITTSBURGH, INC, MOST REVEREND DAVID A. ZUBIK, BISHOP OF THE ROMAN CATHOLIC DIOCESE OF PITTSBURGH, THE CATHOLIC CEMETERIES ASSOCIATION OF THE DIOCESE OF PITTSBURGH, THE ROMAN CATHOLIC DIOCESE OF PITTSBURGH. (Rapp, Francis) Modified on 8/7/2012. (plh) This document removed from public view and redocketed at Doc. # 20 . (Entered: 08/06/2012)	Aug. 6, 2012	Aug. 6, 2012
17	MOTION to Dismiss for Lack of Jurisdiction 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 Proposed Order) (Humphreys, Bradley) (Entered: 08/06/2012)	Aug. 6, 2012	Aug. 6, 2012
18	BRIEF in Support re 17 Motion to Dismiss/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. (Humphreys, Bradley) (Entered: 08/06/2012)	Aug. 6, 2012	Aug. 6, 2012
19	MOTION for Leave to File Amicus Curiae Brief in Support by ASSOCIATION OF PITTSBURGH PRIESTS, CALL TO ACTION PENNSYLVANIA, CATHOLICS FOR SOCIAL JUSTICE, PITTSBURGH AREA PAX CHRISTI. (Attachments: # 1 Exhibit Amicus Curiae Brief, # 2 Proposed Order) (plh) (Entered: 08/07/2012)	Aug. 6, 2012	Aug. 6, 2012
20	Disclosure Statement identifying None as corporate parent or other affiliate, by ASSOCIATION OF PITTSBURGH PRIESTS, CALL TO ACTION PENNSYLVANIA, CATHOLICS FOR SOCIAL JUSTICE, PITTSBURGH AREA PAX CHRISTI. (plh) (Entered: 08/07/2012)	Aug. 6, 2012	Aug. 6, 2012
	TEXT ORDER Response/Briefing Schedule re 17 Motion to Dismiss/Lack of Jurisdiction and 18 Brief in Support of Motion. Response to Motion due by 8/27/2012. Signed by Judge Terrence F. McVerry on 8/7/2012. (kly) (Entered: 08/07/2012)	Aug. 7, 2012	Aug. 7, 2012
	CLERK'S OFFICE QUALITY CONTROL MESSAGE re 15 Motion for Leave to File, 16 Disclosure Statement. ERROR: Documents filed as Pltf's Documents in error. CORRECTION: Documents removed from public view and redocketed correctly. This message is for informational purposes only. (plh) (Entered: 08/07/2012)	Aug. 7, 2012	Aug. 7, 2012
21	Unopposed MOTION for Leave to File Excess Pages by CATHOLIC CHARITIES OF THE DIOCESE OF PITTSBURGH, INC, MOST REVEREND DAVID A. ZUBIK, BISHOP OF THE ROMAN CATHOLIC DIOCESE OF PITTSBURGH, THE CATHOLIC CEMETERIES ASSOCIATION OF THE DIOCESE OF PITTSBURGH, THE ROMAN CATHOLIC DIOCESE OF PITTSBURGH. (Attachments: # 1 Proposed Order) (DeJulius, Leon) (Entered: 08/20/2012)	Aug. 20, 2012	Aug. 20, 2012
22	ORDER granting 21 Motion for Leave to File Excess Pages. Signed by Judge Terrence F. McVerry on 8/21/2012. (kly) (Entered: 08/21/2012)	Aug. 21, 2012	Aug. 21, 2012
23	MOTION for attorney Edward L. White III to Appear Pro Hac Vice, (Filing fee $40, Receipt # 0315−2478997) by AMERICAN CENTER FOR LAW AND JUSTICE. (Attachments: # 1 Proposed Order) (Fardo, Noah) (Entered: 08/21/2012)	Aug. 21, 2012	Aug. 21, 2012
24	MOTION to Participate as Amici Curiae in Support of Polaintiffs by the AMERICAN CENTER FOR LAW AND JUSTICE and Seventy−Nine (79) Members of the United States Congress by AMERICAN CENTER FOR LAW AND JUSTICE. (Attachments: # 1 Proposed Order) (Fardo, Noah) Modified on 8/22/2012 to correctly title motion. (ksa) (Entered: 08/21/2012)	Aug. 21, 2012	Aug. 21, 2012
25	Errata re 24 Motion to Participate as Amici Curiae in Support of Plaintiffs by THE AMERICAN CENTER FOR LAW AND JUSTICE and Seventy−Nine (79) Members of the United States Congress by AMERICAN CENTER FOR LAW AND JUSTICE. Reason for Correction: Failed to attach proposed Amici Brief as Exhibit previously. (Attachments: # 1 Exhibit Proposed Amici Curiae Brief, # 2 Proposed Order) (Fardo, Noah) Modified on 8/22/2012 to edit docket text. (ksa) (Entered: 08/21/2012)	Aug. 21, 2012	Aug. 21, 2012
26	Disclosure Statement identifying None as corporate parent or other affiliate, by AMERICAN CENTER FOR LAW AND JUSTICE. (Fardo, Noah) (Entered: 08/21/2012)	Aug. 21, 2012	Aug. 21, 2012
	TEXT ORDER granting 23 Motion for Edward L. White III, Esquire to Appear Pro Hac Vice. Signed by Judge Terrence F. McVerry on 8/22/2012. Text−only entry; no PDF document will issue. This text−only entry constitutes the Order of the Court or Notice on the matter. (kly) (Entered: 08/22/2012)	Aug. 22, 2012	Aug. 22, 2012
27	BRIEF in Opposition re 17 Motion to Dismiss/Lack of Jurisdiction, filed by CATHOLIC CHARITIES OF THE DIOCESE OF PITTSBURGH, INC, MOST REVEREND DAVID A. ZUBIK, BISHOP OF THE ROMAN CATHOLIC DIOCESE OF PITTSBURGH, THE CATHOLIC CEMETERIES ASSOCIATION OF THE DIOCESE OF PITTSBURGH, THE ROMAN CATHOLIC DIOCESE OF PITTSBURGH. (Attachments: # 1 Index of Exhibits, # 2 Exhibit Affidavit of Susan Rauscher, # 3 Exhibit Affidavit of David S. Stewart, # 4 Exhibit Affidavit of Annabelle McGannon) (Pohl, Paul) (Entered: 08/27/2012)	Aug. 27, 2012	Aug. 27, 2012
28	NOTICE of Appearance by Edward L. White on behalf of AMERICAN CENTER FOR LAW AND JUSTICE. (White, Edward) (Entered: 08/30/2012)	Aug. 30, 2012	Aug. 30, 2012
29	AMICI CURIAE BRIEF in Opposition re 17 Motion to Dismiss/Lack of Jurisdiction, by Amici Curiae American Center for Law &Justice and 79 Members of Congress filed by AMERICAN CENTER FOR LAW AND JUSTICE. (White, Edward) Modified on 8/31/2012. (plh) (Entered: 08/30/2012)	Aug. 30, 2012	Aug. 30, 2012
	TEXT ORDER granting 19 Motion for Leave to File File Amicus Curiae Brief in Support. Signed by Judge Terrence F. McVerry on 8/30/2012. Text−only entry; no PDF document will issue. This text−only entry constitutes the Order of the Court or Notice on the matter. (kly) (Entered: 08/30/2012)	Aug. 30, 2012	Aug. 30, 2012
	TEXT ORDER granting 24 Motion Participate as Amici Curiae in Support of Plaintiffs. Signed by Judge Terrence F. McVerry on 8/30/2012. Text−only entry; no PDF document will issue. This text−only entry constitutes the Order of the Court or Notice on the matter. (kly) (Entered: 08/30/2012)	Aug. 30, 2012	Aug. 30, 2012
31	MOTION for Leave to File Excess Pages 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 Proposed Order) (Humphreys, Bradley) (Entered: 09/19/2012)	Sept. 19, 2012	Sept. 19, 2012
32	ORDER granting 31 Motion for Leave to File Excess Pages. Signed by Judge Terrence F. McVerry on 9/21/2012. (kly) (Entered: 09/21/2012)	Sept. 21, 2012	Sept. 21, 2012
33	MOTION for Leave to File Excess Pages for Memorandum in Support of Motions for (1) Preliminary and Permanent Injunctions, (2) Rule 65(a)(2) Consolidated Trial and Preliminary Injunction Hearing, and (3) Scheduling Order or In−Person or Telephonic Status or Trial Setting Conference by CATHOLIC CHARITIES OF THE DIOCESE OF PITTSBURGH, INC, MOST REVEREND DAVID A. ZUBIK, BISHOP OF THE ROMAN CATHOLIC DIOCESE OF PITTSBURGH, THE CATHOLIC CEMETERIES ASSOCIATION OF THE DIOCESE OF PITTSBURGH, THE ROMAN CATHOLIC DIOCESE OF PITTSBURGH. (Attachments: # 1 Proposed Order) (Pohl, Paul) (Entered: 09/21/2012)	Sept. 21, 2012	Sept. 21, 2012
34	MOTION for Preliminary Injunction and , MOTION for Permanent Injunction by CATHOLIC CHARITIES OF THE DIOCESE OF PITTSBURGH, INC, MOST REVEREND DAVID A. ZUBIK, BISHOP OF THE ROMAN CATHOLIC DIOCESE OF PITTSBURGH, THE CATHOLIC CEMETERIES ASSOCIATION OF THE DIOCESE OF PITTSBURGH, THE ROMAN CATHOLIC DIOCESE OF PITTSBURGH. (Attachments: # 1 Proposed Order) (Pohl, Paul) (Entered: 09/21/2012)	Sept. 21, 2012	Sept. 21, 2012
35	MOTION for a Rule 65(a)(2) Consolidated Trial and Preliminary Injunction Hearing by CATHOLIC CHARITIES OF THE DIOCESE OF PITTSBURGH, INC, MOST REVEREND DAVID A. ZUBIK, BISHOP OF THE ROMAN CATHOLIC DIOCESE OF PITTSBURGH, THE CATHOLIC CEMETERIES ASSOCIATION OF THE DIOCESE OF PITTSBURGH, THE ROMAN CATHOLIC DIOCESE OF PITTSBURGH. (Attachments: # 1 Proposed Order) (Pohl, Paul) (Entered: 09/21/2012)	Sept. 21, 2012	Sept. 21, 2012
36	MOTION for a Scheduling Order or In−Person or Telephonic Status or Trial Setting Conference re 35 MOTION for a Rule 65(a)(2) Consolidated Trial and Preliminary Injunction Hearing filed by THE CATHOLIC CEMETERIES ASSOCIATION OF THE DIOCESE OF PITTSBURGH, MOST REVEREND DAVID A. ZUBIK, BISHOP OF THE ROMAN CATHOLIC DIOCESE OF PITTSBURGH, CATHOLIC CHARITIES OF THE DIOCESE OF PITTSBURGH, INC, THE ROMAN CATHOLIC DIOCESE OF PITTSBURGH by CATHOLIC CHARITIES OF THE DIOCESE OF PITTSBURGH, INC, MOST REVEREND DAVID A. ZUBIK, BISHOP OF THE ROMAN CATHOLIC DIOCESE OF PITTSBURGH, THE CATHOLIC CEMETERIES ASSOCIATION OF THE DIOCESE OF PITTSBURGH, THE ROMAN CATHOLIC DIOCESE OF PITTSBURGH. (Attachments: # 1 Proposed Order) (Pohl, Paul) (Entered: 09/21/2012)	Sept. 21, 2012	Sept. 21, 2012
37	BRIEF in Support re 35 Motion for Rule 65 (a)(2) Consolidated Trial and Preliminary Hearing, 34 Motion for Preliminary Injunction, Motion for Permanent Injunction, 36 Motion for a Scheduling Order, Memorandum of Law in Support of Plaintiffs' Motion for Preliminary and Permanent Injunctions, Motion for Rule 65(a)(2) Consolidated Trial and Preliminary Injunction Hearing, and Motion for Scheduling Order or In−Person or Telephonic Status or Trial−Setting Conference filed by CATHOLIC CHARITIES OF THE DIOCESE OF PITTSBURGH, INC, MOST REVEREND DAVID A. ZUBIK, BISHOP OF THE ROMAN CATHOLIC DIOCESE OF PITTSBURGH, THE CATHOLIC CEMETERIES ASSOCIATION OF THE DIOCESE OF PITTSBURGH, THE ROMAN CATHOLIC DIOCESE OF PITTSBURGH. (Attachments: # 1 Exhibit) (Pohl, Paul) Modified on 9/24/2012. (plh) (Entered: 09/21/2012)	Sept. 21, 2012	Sept. 21, 2012
39	BRIEF in Opposition re 36 Motion for Scheduling Order or In−Person or Telphonic Status or Trial Setting Conference, 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) (Humphreys, Bradley) (Entered: 09/24/2012)	Sept. 24, 2012	Sept. 24, 2012
40	REPLY BRIEF re 18 Brief in Support of 17 Motion to Dismiss/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. (Humphreys, Bradley) Modified on 9/25/2012. (plh) (Entered: 09/24/2012)	Sept. 24, 2012	Sept. 24, 2012
41	REPLY BRIEF re 36 Motion for a Scheduling Order or In−Person or Telephonic Status or Trial Setting Conference, filed by CATHOLIC CHARITIES OF THE DIOCESE OF PITTSBURGH, INC, MOST REVEREND DAVID A. ZUBIK, BISHOP OF THE ROMAN CATHOLIC DIOCESE OF PITTSBURGH, THE CATHOLIC CEMETERIES ASSOCIATION OF THE DIOCESE OF PITTSBURGH, THE ROMAN CATHOLIC DIOCESE OF PITTSBURGH. (Pohl, Paul) Modified on 9/26/2012. (plh) This document removed from public view and redocketed at Doc. # 42 . (Entered: 09/25/2012)	Sept. 25, 2012	Sept. 25, 2012
42	BRIEF in Support re 36 Motion for Scheduling Order or In−Person or Telephonic Status or Trial Setting Conference, filed by CATHOLIC CHARITIES OF THE DIOCESE OF PITTSBURGH, INC, MOST REVEREND DAVID A. ZUBIK, BISHOP OF THE ROMAN CATHOLIC DIOCESE OF PITTSBURGH, THE CATHOLIC CEMETERIES ASSOCIATION OF THE DIOCESE OF PITTSBURGH, THE ROMAN CATHOLIC DIOCESE OF PITTSBURGH. (plh) (Entered: 09/26/2012)	Sept. 25, 2012	Sept. 25, 2012
43	ORDER OF COURT − Defendants brief in opposition to Plaintiffs Motion for Preliminary and Permanent Injunctions 34 and Motion for Rule 65(a)(2) Consolidated Trial and Preliminary Injunction Hearing 35 shall be filed on or before October 15, 2012. Signed by Judge Terrence F. McVerry on 09/26/2012. (bsc) (Entered: 09/26/2012)	Sept. 26, 2012	Sept. 26, 2012
44	MOTION for Leave to File Surreply in Opposition to Defendants' Motion to Dismiss by CATHOLIC CHARITIES OF THE DIOCESE OF PITTSBURGH, INC, MOST REVEREND DAVID A. ZUBIK, BISHOP OF THE ROMAN CATHOLIC DIOCESE OF PITTSBURGH, THE CATHOLIC CEMETERIES ASSOCIATION OF THE DIOCESE OF PITTSBURGH, THE ROMAN CATHOLIC DIOCESE OF PITTSBURGH. (Attachments: # 1 Proposed Order) (Pohl, Paul) (Entered: 09/26/2012)	Sept. 26, 2012	Sept. 26, 2012
	CLERK'S OFFICE QUALITY CONTROL MESSAGE re 41 Reply Brief. ERROR: Wrong event selected. CORRECTION: Re−docketed as Brief in Support of Motion. This message is for informational purposes only. (plh) (Entered: 09/26/2012)	Sept. 26, 2012	Sept. 26, 2012
45	ORDER granting 44 Motion for Leave to File Surreply in Opposition to Defendants' Motion to Dismiss. Surreply due by 10/1/2012. Signed by Judge Terrence F. McVerry on 9/27/2012. (kly) (Entered: 09/27/2012)	Sept. 27, 2012	Sept. 27, 2012
46	Sur−Reply Brief re 17 Motion to Dismiss/Lack of Jurisdiction, filed by CATHOLIC CHARITIES OF THE DIOCESE OF PITTSBURGH, INC, MOST REVEREND DAVID A. ZUBIK, BISHOP OF THE ROMAN CATHOLIC DIOCESE OF PITTSBURGH, THE CATHOLIC CEMETERIES ASSOCIATION OF THE DIOCESE OF PITTSBURGH, THE ROMAN CATHOLIC DIOCESE OF PITTSBURGH. (Pohl, Paul) (Entered: 10/01/2012)	Oct. 1, 2012	Oct. 1, 2012
47	MOTION for Leave to File Excess Pages for Memorandum in Opposition to Plaintiffs' re: 34 Motions for Preliminary and Permanent Injunctions and re: 35 for a Rule 65(a)(2) Consolidated Trial and Preliminary Injunction Hearing 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 Proposed Order) (Humphreys, Bradley) Modified on 10/16/2012. (plh) (Entered: 10/15/2012)	Oct. 15, 2012	Oct. 15, 2012
48	BRIEF in Opposition re 35 Motion for Rule 65 (a)(2) Consolidated Triald an Prelimninary Injunction Hearing, 34 Motion for Preliminary Injunction, Motion for Permanent Injunction, 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. (Humphreys, Bradley) Modified on 10/16/2012. (plh) (Entered: 10/15/2012)	Oct. 15, 2012	Oct. 15, 2012
49	ORDER granting 47 Motion for Leave to File Excess Pages for Memorandum in Opposition to Plaintiffs' Motions for Preliminary and Permanent Injunctions and for a Rule 65(a)(2) Consolidated Trial and Preliminary Injunction Hearing. Signed by Judge Terrence F. McVerry on 10/16/2012. (kly) (Entered: 10/16/2012)	Oct. 16, 2012	Oct. 16, 2012
50	MOTION Extension of Page Limits and Time to File Reply Brief re 35 MOTION for a Rule 65(a)(2) Consolidated Trial and Preliminary Injunction Hearing filed by THE CATHOLIC CEMETERIES ASSOCIATION OF THE DIOCESE OF PITTSBURGH, MOST REVEREND DAVID A. ZUBIK, BISHOP OF THE ROMAN CATHOLIC DIOCESE OF PITTSBURGH, CATHOLIC CHARITIES OF THE DIOCESE OF PITTSBURGH, INC, THE ROMAN CATHOLIC DIOCESE OF PITTSBURGH, 34 MOTION for Preliminary Injunction and MOTION for Permanent Injunction filed by THE CATHOLIC CEMETERIES ASSOCIATION OF THE DIOCESE OF PITTSBURGH, MOST REVEREND DAVID A. ZUBIK, BISHOP OF THE ROMAN CATHOLIC DIOCESE OF PITTSBURGH, CATHOLIC CHARITIES OF THE DIOCESE OF PITTSBURGH, INC, THE ROMAN CATHOLIC DIOCESE OF PITTSBURGH, 36 MOTION for a Scheduling Order or In−Person or Telephonic Status or Trial Setting Conference re 35 MOTION for a Rule 65(a)(2) Consolidated Trial and Preliminary Injunction Hearing filed by THE CATHOLIC CEMETERIES ASSOCIATION OF THE filed by THE CATHOLIC CEMETERIES ASSOCIATION OF THE DIOCESE OF PITTSBURGH, MOST REVEREND DAVID A. ZUBIK, BISHOP OF THE ROMAN CATHOLIC DIOCESE OF PITTSBURGH, CATHOLIC CHARITIES OF THE DIOCESE OF PITTSBURGH, INC, THE ROMAN CATHOLIC DIOCESE OF PITTSBURGH by CATHOLIC CHARITIES OF THE DIOCESE OF PITTSBURGH, INC, MOST REVEREND DAVID A. ZUBIK, BISHOP OF THE ROMAN CATHOLIC DIOCESE OF PITTSBURGH, THE CATHOLIC CEMETERIES ASSOCIATION OF THE DIOCESE OF PITTSBURGH, THE ROMAN CATHOLIC DIOCESE OF PITTSBURGH. (Attachments: # 1 Proposed Order) (Pohl, Paul) (Entered: 10/18/2012)	Oct. 18, 2012	Oct. 18, 2012
51	ORDER granting 50 Motion to Extend Page Limits and Time to File Reply Brief. Reply Brief due by 10/25/2012. Signed by Judge Terrence F. McVerry on 10/19/2012. (kly) (Entered: 10/19/2012)	Oct. 19, 2012	Oct. 19, 2012
	Reply brief due by 10/25/2012. (kly) (Entered: 10/19/2012)	Oct. 19, 2012	Oct. 19, 2012
52	REPLY BRIEF re 35 Motion for a Rule 65(a)(2) Consolidated Trial and Preliminary Injunction Hearing, 34 Motion for Preliminary Injunction, Motion for Permanent Injunction,, filed by CATHOLIC CHARITIES OF THE DIOCESE OF PITTSBURGH, INC, MOST REVEREND DAVID A. ZUBIK, BISHOP OF THE ROMAN CATHOLIC DIOCESE OF PITTSBURGH, THE CATHOLIC CEMETERIES ASSOCIATION OF THE DIOCESE OF PITTSBURGH, THE ROMAN CATHOLIC DIOCESE OF PITTSBURGH. (Pohl, Paul) Modified on 11/8/2012. (tt) (Entered: 10/25/2012)	Oct. 25, 2012	Oct. 25, 2012
53	NOTICE of Supplemental Authority 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 17 Motion to Dismiss/Lack of Jurisdiction, (Attachments: # 1 Exhibit A − Legatus v. Sebelius) (Humphreys, Bradley) (Entered: 11/08/2012)	Nov. 8, 2012	Nov. 8, 2012
54	RESPONSE to 53 Notice, filed by CATHOLIC CHARITIES OF THE DIOCESE OF PITTSBURGH, INC, MOST REVEREND DAVID A. ZUBIK, BISHOP OF THE ROMAN CATHOLIC DIOCESE OF PITTSBURGH, THE CATHOLIC CEMETERIES ASSOCIATION OF THE DIOCESE OF PITTSBURGH, THE ROMAN CATHOLIC DIOCESE OF PITTSBURGH. (Pohl, Paul) (Entered: 11/13/2012)	Nov. 13, 2012	Nov. 13, 2012
55	NOTICE of Supplemental Authority by CATHOLIC CHARITIES OF THE DIOCESE OF PITTSBURGH, INC, MOST REVEREND DAVID A. ZUBIK, BISHOP OF THE ROMAN CATHOLIC DIOCESE OF PITTSBURGH, THE CATHOLIC CEMETERIES ASSOCIATION OF THE DIOCESE OF PITTSBURGH, THE ROMAN CATHOLIC DIOCESE OF PITTSBURGH re 27 Brief in Opposition to Motion,, 37 Brief in Support of Motion. (Attachments: # 1 Exhibit A) (Pohl, Paul) (Entered: 11/19/2012)	Nov. 19, 2012	Nov. 19, 2012
56	MEMORANDUM OPINION AND ORDER granting 17 Defendants' Motion to Dismiss for Lack of Jurisdiction. All counts of Plaintiffs' Complaint are dismissed without prejudice pursuant to Federal Rule of Civil Procedure 12(b)(1). Signed by Judge Terrence F. McVerry on 11/27/2012. (bsc)	Nov. 27, 2012	Nov. 27, 2012 RECAP
57	NOTICE OF APPEAL as to 56 Order on Motion to Dismiss/Lack of Jurisdiction, by CATHOLIC CHARITIES OF THE DIOCESE OF PITTSBURGH, INC, MOST REVEREND DAVID A. ZUBIK, BISHOP OF THE ROMAN CATHOLIC DIOCESE OF PITTSBURGH, THE CATHOLIC CEMETERIES ASSOCIATION OF THE DIOCESE OF PITTSBURGH, THE ROMAN CATHOLIC DIOCESE OF PITTSBURGH. Filing fee $455, receipt number 0315−2651482. Motion for IFP N/A. Certificate of Appealability N/A. Court Reporter(s): N/A. The Clerk's Office hereby certifies the record and the docket sheet available through ECF to be the certified list in lieu of the record and/or the certified copy of the docket entries. The Transcript Purchase Order form will NOT be mailed to the parties. The form is available on the Court's internet site. (Pohl, Paul) (Entered: 01/23/2013)	Jan. 23, 2013	Jan. 23, 2013
59	ORDER of USCA as to 57 Notice of Appeal, filed by THE CATHOLIC CEMETERIES ASSOCIATION OF THE DIOCESE OF PITTSBURGH, MOST REVEREND DAVID A. ZUBIK, BISHOP OF THE ROMAN CATHOLIC DIOCESE OF PITTSBURGH, CATHOLIC CHARITIES OF THE DIOCESE OF PITTSBURGH, INC, THE ROMAN CATHOLIC DIOCESE OF PITTSBURGH, dismissing the appeal pursuant to F.R.A.P. 42(b), withouts costs to either party; A certified copy of this order is issued in lieu of a formal mandate. (tw3) Modified on 7/24/2013. (plh) (Entered: 07/23/2013)	July 23, 2013	July 23, 2013