Case: Persico v. Sebelius

1:12-cv-00123 | U.S. District Court for the Western District of Pennsylvania

Filed Date: May 21, 2012

Closed Date: 2013

Clearinghouse coding complete

Case Summary

On May 21, 2012, the Catholic Diocese of Erie and affiliated Catholic organizations filed a lawsuit in the Western District of Pennsylvania 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 violated their sincerely held religious beliefs.

On January 22, 2013, Judge Sean McLaughlin granted the U.S motion to dismiss all of plaintiffs' claims as unripe.

Summary Authors

Wyatt Fore (3/29/2013)

Related Cases

Persico v. Sebelius, Western District of Pennsylvania (2013)

Brandt, Bishop of The Roman Catholic Diocese of Greensburg v. Sebelius, Western District of Pennsylvania (2014)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/4374116/parties/persico-v-sebelius/


Judge(s)

Baxter, Susan Paradise (Pennsylvania)

McLaughlin, Sean J. (Pennsylvania)

Attorneys(s) for Plaintiff

DeJulius, Leon F. Jr. (Pennsylvania)

Ellsworth, Laura E. (Pennsylvania)

Goetz, John D. (Pennsylvania)

Karoll, Ira M (Pennsylvania)

Kilmartin, Alison J. (Pennsylvania)

Pohl, Paul M. (Pennsylvania)

Stahler, Mary Pat (Pennsylvania)

Attorneys(s) for Defendant

Humphreys, Bradley Philip (District of Columbia)

Judge(s)

Baxter, Susan Paradise (Pennsylvania)

McLaughlin, Sean J. (Pennsylvania)

Attorneys(s) for Plaintiff

DeJulius, Leon F. Jr. (Pennsylvania)

Ellsworth, Laura E. (Pennsylvania)

Goetz, John D. (Pennsylvania)

Karoll, Ira M (Pennsylvania)

Kilmartin, Alison J. (Pennsylvania)

Pohl, Paul M. (Pennsylvania)

Stahler, Mary Pat (Pennsylvania)

Attorneys(s) for Defendant

Humphreys, Bradley Philip (District of Columbia)

Other Attorney(s)

Fardo, Noah Paul (Pennsylvania)

Rapp, Francis C. Jr. (Pennsylvania)

White, Edward L. III (Michigan)

Documents in the Clearinghouse

Document

1:12-cv-00123

Docket [PACER]

Jan. 22, 2013

Jan. 22, 2013

Docket
1

1:12-cv-00123

Complaint

Trautman v. Sebelius

May 21, 2012

May 21, 2012

Complaint
57

1:12-cv-00123

Opinion and Order [dismissing the plaintiffs' complaint for lack of subject matter jurisdiction]

919 F.Supp.2d 622, 2013 WL 228200, 2013 U.S.Dist.LEXIS 8993

Jan. 22, 2013

Jan. 22, 2013

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4374116/persico-v-sebelius/

Last updated Aug. 12, 2022, 3:17 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against All Defendants (Filing fee $350, receipt number 0315-2375083), filed by ST. MARTIN CENTER, INC., THE ROMAN CATHOLIC DIOCESE OF ERIE, PRINCE OF PEACE CENTER, INC., DONALD W. TRAUTMAN. (Attachments: # 1 Civil Cover Sheet) (dm) (Entered: 05/21/2012)

1 Civil Cover Sheet

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May 21, 2012

May 21, 2012

PACER
2

Disclosure Statement identifying None as corporate parent or other affiliate, by THE ROMAN CATHOLIC DIOCESE OF ERIE. (dm) (Entered: 05/21/2012)

May 21, 2012

May 21, 2012

PACER
3

Disclosure Statement identifying None as corporate parent or other affiliate, by ST. MARTIN CENTER, INC.. (dm) (Entered: 05/21/2012)

May 21, 2012

May 21, 2012

PACER
4

Disclosure Statement identifying None as corporate parent or other affiliate, by PRINCE OF PEACE CENTER, INC. (dm) (Entered: 05/21/2012)

May 21, 2012

May 21, 2012

PACER
5

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* (Attachments: # 1 Summons, # 2 Summons, # 3 Summons, # 4 Summons, # 5 Summons, # 6 Summons, # 7 Summons) (jd) (Entered: 05/21/2012)

1 Summons

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2 Summons

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3 Summons

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4 Summons

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5 Summons

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6 Summons

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7 Summons

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May 21, 2012

May 21, 2012

PACER
6

NOTICE of Appearance by Laura E. Ellsworth on behalf of PRINCE OF PEACE CENTER, INC., ST. MARTIN CENTER, INC., THE ROMAN CATHOLIC DIOCESE OF ERIE, DONALD W. TRAUTMAN. (Ellsworth, Laura) (Entered: 05/24/2012)

May 24, 2012

May 24, 2012

PACER
7

NOTICE of Appearance by John D. Goetz on behalf of PRINCE OF PEACE CENTER, INC., ST. MARTIN CENTER, INC., THE ROMAN CATHOLIC DIOCESE OF ERIE, DONALD W. TRAUTMAN. (Goetz, John) (Entered: 05/24/2012)

May 24, 2012

May 24, 2012

PACER
8

NOTICE of Appearance by Leon F. DeJulius on behalf of PRINCE OF PEACE CENTER, INC., ST. MARTIN CENTER, INC., THE ROMAN CATHOLIC DIOCESE OF ERIE, DONALD W. TRAUTMAN. (DeJulius, Leon) (Entered: 05/24/2012)

May 24, 2012

May 24, 2012

PACER
9

NOTICE of Appearance by Mary Pat Stahler on behalf of PRINCE OF PEACE CENTER, INC., ST. MARTIN CENTER, INC., THE ROMAN CATHOLIC DIOCESE OF ERIE, DONALD W. TRAUTMAN. (Stahler, Mary Pat) (Entered: 05/24/2012)

May 24, 2012

May 24, 2012

PACER
10

DISTRICT JUDGE OPTION by PRINCE OF PEACE CENTER, INC., ST. MARTIN CENTER, INC., THE ROMAN CATHOLIC DIOCESE OF ERIE, DONALD W. TRAUTMAN to have this case randomly assigned to a U.S. District Judge. (Goetz, John) (Entered: 06/06/2012)

June 6, 2012

June 6, 2012

PACER

Case Reassigned to Judge Sean J. McLaughlin, presiding and Magistrate Judge Susan Paradise Baxter, referral. (dm)

June 8, 2012

June 8, 2012

PACER
11

SUMMONS/Return of Service Returned Executed by ST. MARTIN CENTER, INC., THE ROMAN CATHOLIC DIOCESE OF ERIE, PRINCE OF PEACE CENTER, INC., DONALD W. TRAUTMAN. KATHLEEN SEBELIUS served 5/29/2012; HILDA SOLIS served 5/29/2012; TIMOTHY GEITHNER served 5/25/2012; US DEPARTMENT OF HEALTH & HUMAN SERVICES served 5/29/2012; US DEPARTMENT OF LABOR served 6/1/2012; UNITED STATES DEPARTMENT OF TREASURY served 6/1/2012; US ATTORNEY GENERAL served 5/29/2012; US ATTORNEY served 5/25/2012, answer due 7/24/2012 (Attachments: # 1 Exhibit) (Pohl, Paul) (Entered: 06/14/2012)

1 Exhibit

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June 14, 2012

June 14, 2012

PACER

Update Answer Deadline: Answer due from US ATTORNEY 7/24/2012 (dm)

June 15, 2012

June 15, 2012

PACER
12

NOTICE of Appearance by Bradley P. 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: 07/03/2012)

July 3, 2012

July 3, 2012

PACER
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. Motion(s) referred to Susan Paradise Baxter. (Attachments: # 1 Proposed Order) (Humphreys, Bradley) (Entered: 07/03/2012)

1 Proposed Order

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July 3, 2012

July 3, 2012

PACER

ORDER VACATING the referral to Magistrate Judge Susan Paradise Baxter dated 6/8/2012. Signed by Judge Sean J. McLaughlin on 7/10/12. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (nk)

July 10, 2012

July 10, 2012

PACER

Magistrate Judge Susan Paradise Baxter no longer assigned to case. (dm)

July 10, 2012

July 10, 2012

PACER
14

ORDER granting 13 Motion to Extend Time; Motion motion to dismiss the Complaint due by 8/6/2012; opposition to such motion due by 8/27/2012; Reply brief due 28 days after Plaintiffs file their opposition to the motion to dismiss. Signed by Judge Sean J. McLaughlin on 7/10/12. (nk, ) (Entered: 07/10/2012)

July 10, 2012

July 10, 2012

PACER
15

MOTION for Leave to File Amicus Curiae Brief in Support of Defendants by CALL TO ACTION PENNSYLVANIA, CATHOLICS FOR SOCIAL JUSTICE, PITTSBURGH AREA PAX CHRISTI and ASSOCIATION OF PITTSBURGH PRIESTS (Attachments: # 1 Exhibit, # 2 Proposed Order) (Rapp, Francis) Modified on 8/7/2012 to correct filers (dm) (Entered: 08/06/2012)

1 Exhibit

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2 Proposed Order

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Aug. 6, 2012

Aug. 6, 2012

PACER
16

Disclosure Statement identifying None as corporate parent or other affiliate, by CALL TO ACTION PENNSYLVANIA, CATHOLICS FOR SOCIAL JUSTICE, PITTSBURGH AREA PAX CHRISTI and THE ASSOCIATION OF PITTSBURGH PRIESTS. (Rapp, Francis) Modified on 8/7/2012 to correct filers (dm) (Entered: 08/06/2012)

Aug. 6, 2012

Aug. 6, 2012

PACER
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)

1 Proposed Order

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Aug. 6, 2012

Aug. 6, 2012

PACER
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

PACER

CLERK'S OFFICE QUALITY CONTROL MESSAGE re 16 Disclosure Statement, 15 Motion for Leave to File. ERROR: Incorrect filers selected. CORRECTION: Correct filers CALL TO ACTION PENNSYLVANIA, CATHOLICS FOR SOCIAL JUSTICE, PITTSBURGH AREA PAX CHRISTI and THE ASSOCIATION OF PITTSBURGH PRIESTS properly linked to Motion. This message is for informational purposes only. (dm)

Aug. 7, 2012

Aug. 7, 2012

PACER

ORDER Response to 17 Motion to Dismiss/Lack of Jurisdiction, Response to Motion due by 8/29/2012. Signed by Judge Sean J. McLaughlin on 8/7/12. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (nk)

Aug. 8, 2012

Aug. 8, 2012

PACER
19

MOTION for attorney Edward L. White III to Appear Pro Hac Vice, (Filing fee $40, Receipt # 0315-2479105) by American Center for Law & Justice et al. (Attachments: # 1 Proposed Order) (Fardo, Noah) (Entered: 08/21/2012)

1 Proposed Order

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Aug. 21, 2012

Aug. 21, 2012

PACER
20

MOTION to File Amicus Brief by American Center for Law & Justice et al. (Attachments: # 1 Exhibit Proposed Amici Curiae Brief, # 2 Proposed Order) (Fardo, Noah) (Entered: 08/21/2012)

1 Exhibit Proposed Amici Curiae Brief

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2 Proposed Order

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Aug. 21, 2012

Aug. 21, 2012

PACER
21

Disclosure Statement identifying None as corporate parent or other affiliate, by American Center for Law & Justice et al. (Fardo, Noah) (Entered: 08/21/2012)

Aug. 21, 2012

Aug. 21, 2012

PACER

ORDER granting 19 Motion for Edward White III to Appear Pro Hac Vice. Signed by Judge Sean J. McLaughlin on 8/22/12. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (nk, )

Aug. 22, 2012

Aug. 22, 2012

PACER

TEXT ORDER granting 15 Motion for Leave to File Amicus Curiae Brief. Signed by Judge Sean J. McLaughlin on 8/24/2012. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (dm)

Aug. 24, 2012

Aug. 24, 2012

PACER

TEXT ORDER granting 20 Motion for Leave to File Amicus Brief. Signed by Judge Sean J. McLaughlin on 8/24/2012. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (dm)

Aug. 24, 2012

Aug. 24, 2012

PACER
22

NOTICE of Appearance by Edward L. White on behalf of AMERICAN CENTER FOR LAW & JUSTICE, SEVENTY-NINE (79) MEMBERS OF THE UNITED STATES CONGRESS. (White, Edward) (Entered: 08/24/2012)

Aug. 24, 2012

Aug. 24, 2012

PACER
23

BRIEF in Opposition re 17 Motion to Dismiss/Lack of Jurisdiction, Amici Curiae Brief In Support of Plaintiffs' Opposition to Defendants' Motion to Dismiss on Behalf of the American Center for Law & Justice and 79 Members of Congress filed by AMERICAN CENTER FOR LAW & JUSTICE, SEVENTY-NINE (79) MEMBERS OF THE UNITED STATES CONGRESS. (White, Edward) (Entered: 08/24/2012)

Aug. 24, 2012

Aug. 24, 2012

PACER
24

BRIEF in Opposition re 17 Motion to Dismiss/Lack of Jurisdiction, filed by PRINCE OF PEACE CENTER, INC., ST. MARTIN CENTER, INC., THE ROMAN CATHOLIC DIOCESE OF ERIE, DONALD W. TRAUTMAN. (Attachments: # 1 Index of Exhibits, # 2 Exhibit Affidavit of Mary Maxwell, # 3 Exhibit Affidavit of David J. Murphy) (Pohl, Paul) (Entered: 08/27/2012)

1 Index of Exhibits

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2 Exhibit Affidavit of Mary Maxwell

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3 Exhibit Affidavit of David J. Murphy

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Aug. 27, 2012

Aug. 27, 2012

PACER
25

BRIEF in Support re 17 Motion to Dismiss/Lack of Jurisdiction, filed by ASSOCIATION OF PITTSBURGH PRIESTS, CALL TO ACTION PENNSYLVANIA, CATHOLICS FOR SOCIAL JUSTICE, PITTSBURGH AREA PAX CHRISTI. (Rapp, Francis) (Entered: 08/31/2012)

Aug. 31, 2012

Aug. 31, 2012

RECAP
26

NOTICE of Appearance by Alison M. Kilmartin on behalf of PRINCE OF PEACE CENTER, INC., ST. MARTIN CENTER, INC., THE ROMAN CATHOLIC DIOCESE OF ERIE, DONALD W. TRAUTMAN. (Kilmartin, Alison) (Entered: 09/04/2012)

Sept. 4, 2012

Sept. 4, 2012

PACER
27

NOTICE of Appearance by Ira M. Karoll on behalf of PRINCE OF PEACE CENTER, INC., ST. MARTIN CENTER, INC., THE ROMAN CATHOLIC DIOCESE OF ERIE, DONALD W. TRAUTMAN. (Karoll, Ira) (Entered: 09/04/2012)

Sept. 4, 2012

Sept. 4, 2012

PACER
28

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 PRINCE OF PEACE CENTER, INC., ST. MARTIN CENTER, INC., THE ROMAN CATHOLIC DIOCESE OF ERIE, DONALD W. TRAUTMAN. (Attachments: # 1 Proposed Order) (Pohl, Paul) (Entered: 09/04/2012)

1 Proposed Order

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Sept. 4, 2012

Sept. 4, 2012

PACER
29

MOTION for Preliminary Injunction and, MOTION for Permanent Injunction by PRINCE OF PEACE CENTER, INC., ST. MARTIN CENTER, INC., THE ROMAN CATHOLIC DIOCESE OF ERIE, DONALD W. TRAUTMAN. (Attachments: # 1 Proposed Order) (Pohl, Paul) (Entered: 09/04/2012)

1 Proposed Order

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Sept. 4, 2012

Sept. 4, 2012

PACER
30

MOTION for a Rule 65(a)(2) Consolidated Trial and Preliminary Injunction Hearing by PRINCE OF PEACE CENTER, INC., ST. MARTIN CENTER, INC., THE ROMAN CATHOLIC DIOCESE OF ERIE, DONALD W. TRAUTMAN. (Attachments: # 1 Proposed Order) (Pohl, Paul) (Entered: 09/04/2012)

1 Proposed Order

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Sept. 4, 2012

Sept. 4, 2012

PACER
31

MOTION for a Scheduling Order or In-Person or Telephonic Status or Trial Setting Conference re 30 MOTION for a Rule 65(a)(2) Consolidated Trial and Preliminary Injunction Hearing filed by PRINCE OF PEACE CENTER, INC., THE ROMAN CATHOLIC DIOCESE OF ERIE, DONALD W. TRAUTMAN, ST. MARTIN CENTER, INC., 29 MOTION for Preliminary Injunction and MOTION for Permanent Injunction filed by PRINCE OF PEACE CENTER, INC., THE ROMAN CATHOLIC DIOCESE OF ERIE, DONALD W. TRAUTMAN, ST. MARTIN CENTER, INC. by PRINCE OF PEACE CENTER, INC., ST. MARTIN CENTER, INC., THE ROMAN CATHOLIC DIOCESE OF ERIE, DONALD W. TRAUTMAN. (Attachments: # 1 Proposed Order) (Pohl, Paul) (Entered: 09/04/2012)

1 Proposed Order

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Sept. 4, 2012

Sept. 4, 2012

PACER
32

BRIEF in Support re 30 Motion for a Rule 65(a)(2) Consolidated Trial and Preliminary Injunction Hearing, 29 Motion for Preliminary Injunction, Motion for Permanent Injunction, 31 Motion for a Scheduling Order or In-Person or Telephonic Status or Trial Setting Conference, 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 PRINCE OF PEACE CENTER, INC., ST. MARTIN CENTER, INC., THE ROMAN CATHOLIC DIOCESE OF ERIE, DONALD W. TRAUTMAN. (Pohl, Paul) Modified on 9/10/2012. (tt) (Entered: 09/04/2012)

Sept. 4, 2012

Sept. 4, 2012

PACER
34

ORDER granting 31 Motion for Status Conference. Status conference set for 9/11/12 at 1:30 p.m. before the Honorable Sean J. McLaughlin. Signed by Judge Sean J. McLaughlin on 9/6/12. (nk) (Entered: 09/06/2012)

Sept. 6, 2012

Sept. 6, 2012

PACER
35

ORDER granting 28 Motion for Leave to File Excess Pages. Signed by Judge Sean J. McLaughlin on 9/10/12. (nk, ) (Entered: 09/10/2012)

Sept. 10, 2012

Sept. 10, 2012

PACER

Minute Entry for proceedings held before Judge Sean J. McLaughlin: Status Conference held on 9/11/2012. (Court Reporter: Ron Bench) Text-only entry; no PDF document will issue. This text-only entry constitutes a Minute of the Court or Notice on the matter. (nk)

Sept. 11, 2012

Sept. 11, 2012

PACER

NOTICE of Oral Argument on Motion re 17 MOTION to Dismiss for Lack of Jurisdiction: Motion Hearing set for 10/17/2012 10:00 AM in Courtroom C before Judge Sean J. McLaughlin. Text-only entry. No PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (nk)

Sept. 11, 2012

Sept. 11, 2012

PACER
36

NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Status Conference Proceedings held on 9/11/2012 before Judge Sean J. McLaughlin. Court Reporter/Transcriber Ronald Bench, Telephone number 814-464-9613. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely, electronically available to the public without redaction after 90 calendar days. For redaction purposes, or otherwise, during this 90 day period a copy of the transcript may be purchased from the court reporter/transcriber or viewed at the clerk's office public terminal. Notice of Intent for Redaction of Personal Data Identifiers due by 9/21/2012. Redaction Request due 10/5/2012. Redacted Transcript Deadline set for 10/15/2012. Release of Transcript Restriction set for 12/13/2012. (dm) (Entered: 09/14/2012)

Sept. 14, 2012

Sept. 14, 2012

PACER
37

REPLY BRIEF 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: 09/24/2012)

Sept. 24, 2012

Sept. 24, 2012

PACER

ORDER Brief in Opposition re 30 Motion for a Rule 65(a)(2) Consolidated Trial and Preliminary Injunction Hearing, 29 Motion for Preliminary Injunction, Motion for Permanent Injunction; Brief due by 10/15/2012. Signed by Judge Sean J. McLaughlin on 9/25/12. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (nk) Modified on 10/2/2012. (tt)

Sept. 25, 2012

Sept. 25, 2012

PACER
38

MOTION to Amend the Case Caption by PRINCE OF PEACE CENTER, INC., ST. MARTIN CENTER, INC., THE ROMAN CATHOLIC DIOCESE OF ERIE, DONALD W. TRAUTMAN. (Attachments: # 1 Proposed Order) (Pohl, Paul) (Entered: 10/05/2012)

1 Proposed Order

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Oct. 5, 2012

Oct. 5, 2012

PACER
39

ORDER granting 38 Motion amend caption. Signed by Judge Sean J. McLaughlin on 10/9/12. (nk) (Entered: 10/09/2012)

Oct. 9, 2012

Oct. 9, 2012

PACER
40

MOTION for Leave to File Excess Pages for Memorandum in Opposition to Plaintiffs' Motions for Preliminary and Permanent Injunctinos and 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) (Entered: 10/16/2012)

1 Proposed Order

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Oct. 16, 2012

Oct. 16, 2012

PACER
41

BRIEF in Opposition re 30 Motion for a Rule 65(a)(2) Consolidated Trial and Preliminary Injunction Hearing, 29 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 10/31/2012. (tt) (Entered: 10/16/2012)

Oct. 16, 2012

Oct. 16, 2012

PACER
42

ORDER granting 40 Motion for Leave to File Excess Pages. Signed by Judge Sean J. McLaughlin on 10/16/12. (nk) (Entered: 10/16/2012)

Oct. 16, 2012

Oct. 16, 2012

PACER

Minute Entry for proceedings held before Judge Sean J. McLaughlin: Oral Argument held on 10/17/2012 re 17 MOTION to Dismiss for Lack of Jurisdiction filed by U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES, U.S. DEPARTMENT OF LABOR, U.S. DEPARTMENT OF TREASURY, TIMOTHY GEITHNER, HILDA SOLIS, KATHLEEN SEBELIUS. Motion is Under Advisement (Court Reporter: Ron Bench) Text-only entry; no PDF document will issue. This text-only entry constitutes a Minute of the Court or Notice on the matter. (nk ) Modified on 10/19/2012. (nk)

Oct. 17, 2012

Oct. 17, 2012

PACER
43

NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Hearing on Defendants' Motion to Dismiss held on October 17, 2012 before Judge Sean J. McLaughlin. Court Reporter/Transcriber Ronald J. Bench, Telephone number 814-464-9613. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely, electronically available to the public without redaction after 90 calendar days. For redaction purposes, or otherwise, during this 90 day period a copy of the transcript may be purchased from the court reporter/transcriber or viewed at the clerk's office public terminal. Notice of Intent for Redaction of Personal Data Identifiers due by 10/30/2012. Redaction Request due 11/13/2012. Redacted Transcript Deadline set for 11/23/2012. Release of Transcript Restriction set for 1/22/2013. (dm) (Entered: 10/23/2012)

Oct. 23, 2012

Oct. 23, 2012

PACER
44

REPLY BRIEF re 30 Motion for a Rule 65(a)(2) Consolidated Trial and Preliminary Injunction Hearing, 29 Motion for Preliminary Injunction, Motion for Permanent Injunction, filed by LAWRENCE T. PERSICO, PRINCE OF PEACE CENTER, INC., ST. MARTIN CENTER, INC., THE ROMAN CATHOLIC DIOCESE OF ERIE. (Pohl, Paul) Modified on 11/14/2012. (tt) (Entered: 11/02/2012)

Nov. 2, 2012

Nov. 2, 2012

PACER
45

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)

1 Exhibit A - Legatus v. Sebelius

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Nov. 8, 2012

Nov. 8, 2012

PACER
46

RESPONSE to 45 Notice, filed by LAWRENCE T. PERSICO, PRINCE OF PEACE CENTER, INC., ST. MARTIN CENTER, INC., THE ROMAN CATHOLIC DIOCESE OF ERIE. (Pohl, Paul) (Entered: 11/13/2012)

Nov. 13, 2012

Nov. 13, 2012

PACER
47

NOTICE of Supplemental Authority by LAWRENCE T. PERSICO, PRINCE OF PEACE CENTER, INC., ST. MARTIN CENTER, INC., THE ROMAN CATHOLIC DIOCESE OF ERIE re 32 Brief in Support of Motion, 24 Brief in Opposition to Motion. (Attachments: # 1 Exhibit A) (Pohl, Paul) (Entered: 11/19/2012)

1 Exhibit A

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Nov. 19, 2012

Nov. 19, 2012

PACER
48

RESPONSE to 47 Notice, 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 Catholic Diocese of Nashville v. Sebelius, # 2 Zubik v. Sebelius) (Humphreys, Bradley) (Entered: 11/28/2012)

1 Catholic Diocese of Nashville v. Sebelius

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2 Zubik v. Sebelius

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Nov. 28, 2012

Nov. 28, 2012

PACER
49

REPLY to 48 Response, filed by LAWRENCE T. PERSICO, PRINCE OF PEACE CENTER, INC., ST. MARTIN CENTER, INC., THE ROMAN CATHOLIC DIOCESE OF ERIE. (Pohl, Paul) (Entered: 11/29/2012)

Nov. 29, 2012

Nov. 29, 2012

PACER
50

NOTICE of Supplemental Authority by LAWRENCE T. PERSICO, PRINCE OF PEACE CENTER, INC., ST. MARTIN CENTER, INC., THE ROMAN CATHOLIC DIOCESE OF ERIE re 17 Motion to Dismiss/Lack of Jurisdiction, (Attachments: # 1 Exhibit A - Archdiocese of New York v Sebelius) (Pohl, Paul) (Entered: 12/05/2012)

1 Exhibit A - Archdiocese of New York v Sebelius

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Dec. 5, 2012

Dec. 5, 2012

PACER
51

RESPONSE to 50 Notice, 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: 12/17/2012)

Dec. 17, 2012

Dec. 17, 2012

PACER
52

NOTICE of Supplemental Authority by LAWRENCE T. PERSICO, PRINCE OF PEACE CENTER, INC., ST. MARTIN CENTER, INC., THE ROMAN CATHOLIC DIOCESE OF ERIE (Pohl, Paul) (Entered: 12/19/2012)

Dec. 19, 2012

Dec. 19, 2012

PACER
53

RESPONSE to Plaintiffs' Notice of Supplemental Authority and Notice of Additional Supplemental Authority to 52 Notice, 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 Catholic Diocese of Biloxi v. Sebelius) (Humphreys, Bradley) (Entered: 12/21/2012)

1 Exhibit Catholic Diocese of Biloxi v. Sebelius

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Dec. 21, 2012

Dec. 21, 2012

PACER
54

REPLY to 52 Notice, filed by LAWRENCE T. PERSICO, PRINCE OF PEACE CENTER, INC., ST. MARTIN CENTER, INC., THE ROMAN CATHOLIC DIOCESE OF ERIE. (Attachments: # 1 Exhibit) (Pohl, Paul) (Entered: 12/21/2012)

1 Exhibit

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Dec. 21, 2012

Dec. 21, 2012

PACER
55

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 University of Notre Dame v. Sebelius, # 2 Exhibit Catholic Diocese of Peoria v. Sebelius, # 3 Exhibit Colorado Christian University v. Sebelius) (Humphreys, Bradley) (Entered: 01/10/2013)

1 Exhibit University of Notre Dame v. Sebelius

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2 Exhibit Catholic Diocese of Peoria v. Sebelius

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3 Exhibit Colorado Christian University v. Sebelius

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Jan. 10, 2013

Jan. 10, 2013

PACER
56

RESPONSE to 55 Notice, filed by LAWRENCE T. PERSICO, PRINCE OF PEACE CENTER, INC., ST. MARTIN CENTER, INC., THE ROMAN CATHOLIC DIOCESE OF ERIE. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2) (Pohl, Paul) (Entered: 01/15/2013)

1 Exhibit 1

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2 Exhibit 2

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Jan. 15, 2013

Jan. 15, 2013

PACER
57

MEMORANDUM OPINION AND ORDER: AND NOW, to wit, this 22nd Day of January, 2013, for the reasons set forth in the accompanying Memorandum Opinion, IT IS ORDERED that the Defendants' Motion to Dismiss for lack of subject matter jurisdiction (ECF No. 17 ) shall be, and hereby is, GRANTED. Accordingly, all counts of Plaintiffs' complaint are hereby DISMISSED without prejudice pursuant to Rule 12(b)(1) of the Federal Rules of Civil Procedure, and the case shall be marked "CLOSED." Signed by Judge Sean J. McLaughlin on 1/22/2013. (kas) (Entered: 01/22/2013)

Jan. 22, 2013

Jan. 22, 2013

RECAP

Case Details

State / Territory: Pennsylvania

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:

The Roman Catholic Diocese of Erie, Pennsylvania and Catholic nonprofits within the diocese

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 Health and Human Services, Federal

U.S. Department of Labor, Federal

U.S. Department of Treasury, 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)

Ex Parte Young (Federal) or Bivens

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)

Any published opinion

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Source of Relief:

None

Issues

General:

Contraception

Religious programs / policies

Discrimination-basis:

Religion discrimination