Case: Roman Catholic Archdiocese of New York v. Sebelius

1:12-cv-02542 | U.S. District Court for the Eastern District of New York

Filed Date: May 21, 2012

Closed Date: 2017

Clearinghouse coding complete

Case Summary

On May 21, 2012, the Catholic Archdiocese of New York and other affiliated Catholic organizations filed a lawsuit in the Eastern District of New York against the federal government under the Religious Freedom Restoration Act (RFRA), the Administrative Procedure Act (APA), and the First and Fifth Amendments. Plaintiffs, represented by private counsel, sought to enjoin enforcement of provisions of the Affordable Care Act (ACA) extending universal contraception coverage in employer-sponsored priva…

On May 21, 2012, the Catholic Archdiocese of New York and other affiliated Catholic organizations filed a lawsuit in the Eastern District of New York against the federal government under the Religious Freedom Restoration Act (RFRA), the Administrative Procedure Act (APA), and the First and Fifth Amendments. 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 December 4, 2012, the court (Judge Brian Cogan) issued an opinion granting in part and denying in part defendants' motion to dismiss for lack of subject matter jurisdiction, finding that plaintiffs' complaint were ripe for adjudication. 907 F. Supp. 2d 310. Because the health plan in question was grandfathered into contraception exemptions (specifically under safe harbor provisions granting temporary relief from mandatory contraception as federal regulations are re-written), that plaintiffs lack standing for that specific claim. That said, plaintiffs maintained a cause of action for impending injury from future regulatory changes that would implement mandatory contraceptive coverage for the health plan when the safe harbor provisions terminate.

On April 23, 2013, defendants filed a motion to halt proceedings. They argued that because of pending amendments to the regulation, the contraception mandate would not at any time or under any circumstances be enforced against the plaintiff. On April 24, 2013, the court (Judge Brian Cogan) granted defendant's motion, and stayed the proceeding pending completion of the rulemaking proceedings, but requiring defendants to provide a written status update every 60 days.

On August 14, 2013, the plaintiffs amended their complaint in response to the 2013 Final Rules ACA. They argued that the amended definition of "religious employer" continued to require them to violate their sincerely held religious beliefs by facilitating access to contraception services. This is because the accommodations put forth in the amended law require plaintiffs to provide self-certification to their insurance provider setting forth their religious objections, which in turn triggers an obligation on the part of the insurance provider to procure the services plaintiffs find objectionable. As a result, the plaintiffs were the but-for cause of providing contraception coverage. The plaintiffs asked the court to grant a preliminary and permanent injunction against enforcement of the relevant provisions of the ACA.

On December 13, 2013, the court (Judge Brian Cogan) issued a final judgment, dismissing the claims of the Roman Catholic Archdiocese of New York and the Roman Catholic Diocese of Rockville Centre, New York, but enjoining the government from enforcing or implementing the challenged regulation against Catholic Health Care System, Catholic Health Services of Long Island; Cardinal Spellman High School; and Monsignor Farrell High School. The court found that the Diocesan plaintiffs fell within the definition of "religious employer" and were entirely exempt from the mandate. While the remaining plaintiffs were not defined as a "religious employer," the court found that they did suffer substantial injury to their sincerely held religious beliefs by being required to complete self-certification through a third party, but this injury posed no burden to the exempt Diocesan plaintiffs. 987 F. Supp. 2d 232.

On February 11, 2014, the federal government appealed the district court's decision to the Second Circuit. On August 7, 2015, the Second Circuit (Judge Rosemary Pooler, Judge Pierre N. Leval, and Judge Denny Chin) reversed the District Court and denied the injunction, finding that the regulatory accommodation allowing the plaintiffs to opt out of the contraceptive services mandate does not in itself substantially burden the plaintiff’s religious expression. 796 F.3d 207. Plaintiffs petitioned for a rehearing en banc, which the Second Circuit denied in an order on December 1, 2015. On January 4, 2016, the Second Circuit granted the plaintiffs’ request to stay pending the filing of a petition for certiorari.

The Supreme Court granted certiorari review, and vacated the judgment of the Second Circuit and remanded the case on May 23, 2016 in light of Zubik v. Burwell. In Zubik, the Supreme Court had directed the parties to file supplemental briefs suggesting a solution to their disagreement, in which employees could still receive contraception coverage without employers giving any notice to the government. The Court took no position on the merits of the case, but issued a per curiam order remanding the cases to their respective courts of appeals, ordering the lower courts to give the parties time to come to agreement on an approach that that "accommodates petitioners’ religious exercise while at the same time ensuring that women covered by petitioners’ health plans 'receive full and equal health coverage, including contraceptive coverage.'" 136 S.Ct 1557, 1560.

Back in the Second Circuit, the parties entered into settlement negotiations with the new Trump administration. On October 16, 2017, the parties filed a joint motion to voluntarily dismiss the case, which the court so ordered the next day. The settlement agreement is not currently publicly available.

The case is now closed.

Summary Authors

Wyatt Fore (3/29/2013)

Richard Jolly (4/13/2014)

Kate Craddock (2/7/2016)

Sarah McDonald (8/13/2018)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/5658997/parties/roman-catholic-archdiocese-of-new-york-v-sebelius/

Judge(s)
Attorney for Plaintiff

Abdo, Alexander Abraham (New York)

Abdo, Alex (New York)

Amezquita, Hope Renee (New York)

Amiri, Brigitte A. (New York)

Attorney for Defendant

Amanat, Farzin Franklin (New York)

Expert/Monitor/Master/Other
Judge(s)

Cogan, Brian Mark (New York)

Pooler, Rosemary S. (New York)

Attorney for Plaintiff

Abdo, Alexander Abraham (New York)

Abdo, Alex (New York)

Amezquita, Hope Renee (New York)

Amiri, Brigitte A. (New York)

Arterburn, Jennifer (New York)

Balin, Robert D. (New York)

Barker, Rita Bolt (New York)

Bayard, Samuel (New York)

Bloch-Wehba, Hannah (New York)

Block, Joshua A. (New York)

Bradley, Jennifer M. (New York)

Brick, Ann (New York)

Brooke, Samuel J (New York)

Cagle, Matthew Thomas (New York)

Carberry, Charles Michael (New York)

Castillo, Paul David (New York)

Chiang, Emily (New York)

Choudhury, Nusrat Jahan (New York)

Citera, Toni-Ann (New York)

Clopper, John Dalton (New York)

Cohn, Cindy Ann (New York)

Crump, Catherine Newby (New York)

DeJulius, Leon F. Jr. (Pennsylvania)

Diakun, Anna Natalia (New York)

Donohue, Laura (New York)

Doty, Grant R. (New York)

Dunn, Christopher T (New York)

Eisenberg, Arthur Nelson (New York)

Geremia, Todd R. (New York)

Goetz, John D. (Pennsylvania)

Goodman, Melissa (New York)

Gorla, Julie Rosselot (New York)

Gorski, Ashley Marie (New York)

Haddad, Richard Inad (New York)

Hafetz, Jonathan L. (New York)

Handeyside, Hugh (New York)

Haroules, Beth (New York)

Hirose, Mariko (New York)

Hofmann, Marcia Clare (New York)

Jaffer, Jameel (New York)

Johnson, Bruce (New York)

Jr, Kenneth D (New York)

Kairis, Matthew A (Ohio)

Kaufman, Brett Max (New York)

Ladin, Dror (New York)

Lapidus, Lenora Michelle (New York)

London, Ronald Gary (New York)

Lustberg, Lawrence S. (New York)

Lye, Linda (New York)

Manes, Jonathan Matthew (New York)

Mass, Julia Harumi (New York)

McKay, John F (New York)

Mejia, John M. (New York)

Opsahl, Kurt Bradford (New York)

Pincus, Andrew J. (New York)

Pohl, Paul M. (Pennsylvania)

Raimer, David T. (District of Columbia)

Rocah, David Robert (New York)

Rosselot, Julie Ann (New York)

Rothert, Anthony E. (New York)

Schulz, David A. (New York)

Schwartztol, Laurence Michael (New York)

Shamsi, Hina (New York)

Sims, Charles S. (New York)

Smith, Patrick J. (New York)

Spurlock, Matthew Douglas (New York)

Sweren-Becker, Eliza (New York)

Tan, Justin Craig (New York)

Tessier, Troy Alan (New York)

Toomey, Patrick Christopher (New York)

Tully, L. Danielle (New York)

Wessler, Nathan Freed (New York)

Winn, Marshall (New York)

Youngs, Stuart Andrew (New York)

Attorney for Defendant

Amanat, Farzin Franklin (New York)

AUSA, Joel McElvain (New York)

AUSA, Benjamin L (New York)

Baron, Courtney R. (New York)

Beckenhauer, Eric B. (New York)

Bennett, Michelle Renee (New York)

Berwick, Benjamin Leon (District of Columbia)

Bildtsen, Ann M (New York)

Brandon, Susan S. (New York)

Briton, Roger H. (New York)

Buckingham, Stephen J. (New York)

Chahal, Harpreet Kaur (New York)

Chicago, AUSA - (New York)

Cohen, Bradley H (New York)

Crane-Hirsch, Daniel Kadane (New York)

Darling, Rose (New York)

Daub, Tara L. (New York)

Delery, Stuart F. (District of Columbia)

DOJ, Michelle Bennett (New York)

Domanick, Timothy James (New York)

Donohue, Megan Elizabeth (New York)

Dulgerian, Tony Garbis (New York)

Gallagher, Erin Healy (New York)

Gegwich, Christopher G. (New York)

Gov, Adam Grogg-Federal (New York)

Gov, Michelle Renee (New York)

Green, Scott Richard (New York)

Grogg, Adam Anderson (New York)

Guilfoyle, Justin Anthony (New York)

Hansen, Jeffrey Michael (New York)

Herje, Leslie K. (New York)

Humphreys, Bradley Philip (New York)

Jafek, Timothy Bart (New York)

Jakowsky, Michael Alan (New York)

Jr, Charles William (New York)

Kade, Elizabeth L (New York)

Koch, Suzana Krstevski (New York)

Krause, Andrew Edward (New York)

Layton, Elisabeth (New York)

Leary, Peter D. (New York)

Levy, Barry I. (New York)

Lieber, Sheila M. (District of Columbia)

Lin, Jean (New York)

Lynch, Loretta (New York)

Maynor-Faulcon, Mercedes C. (New York)

McElvain, Joel (New York)

Moore, Tamra (New York)

Moro, Christopher John (New York)

Newton, Emily S. (New York)

Novikoff, Kenneth A. (New York)

Parker, Ryan B (New York)

Parra, Lauren Alyssa (New York)

Penhallurick, Kent W. (New York)

Pollack, Michael C. (New York)

Powell, Amy E. (New York)

Pruski, Jacek (New York)

Ricketts, Jennifer (District of Columbia)

Rittmaster, Aaron Joseph (New York)

Saltman, Julie Shana (New York)

Schwartz, Richard Adam (New York)

Sciarrino, Christine L. (New York)

Sevillano-Del-Rio, Fidel A. (New York)

Shumate, Brett (District of Columbia)

Siegel, Jacqueline K (New York)

Snell, Kevin Matthew (New York)

Thorp, Galen N (New York)

Weidenbach, Mitchell L. (New York)

Wolverton, Caroline Lewis (New York)

Zimmerman, Jonathan E. (New York)

Expert/Monitor/Master/Other

Lee, Jennifer (New York)

Merkl, Neil Matthew (New York)

Noland-Heil, Cecilia D. (District of Columbia)

Sekulow, Jay Alan (New York)

Attorney Contact Information via CourtListener

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Documents in the Clearinghouse

Document

1:12-cv-02542

Docket [PACER]

Oct. 19, 2017

Oct. 19, 2017

Docket
1

1:12-cv-02542

Complaint

The Roman Catholic Archdiocese of New York v. Sebelius

May 21, 2012

May 21, 2012

Complaint
37

1:12-cv-02542

Memorandum Decision and Order

Roman Catholic Archdiocese of N.Y. v. Sebelius

Dec. 4, 2012

Dec. 4, 2012

Order/Opinion

907 F.Supp.2d 310

37

1:12-cv-02542

Memorandum Decision and Order

Roman Catholic Archdiocese of NY v. Sebelius

Dec. 4, 2012

Dec. 4, 2012

Order/Opinion

907 F.Supp.2d 310

66

1:12-cv-02542

Re: Roman Catholic Archdiocese of New York et al v. Sebelius

July 24, 2013

July 24, 2013

Order/Opinion
69

1:12-cv-02542

Amended Complaint

Aug. 14, 2013

Aug. 14, 2013

Complaint

2013 WL 7095696

117

1:12-cv-02542

Final Judgment and Injunction

Dec. 13, 2013

Dec. 13, 2013

Order/Opinion
118

1:12-cv-02542

Notice of Appeal

Feb. 11, 2014

Feb. 11, 2014

Notice of Investigation or Suit/Demand Letter
213-1

14-00427

Opinion

Catholic Health Care System v. Burwell

U.S. Court of Appeals for the Second Circuit

Aug. 7, 2015

Aug. 7, 2015

Order/Opinion

796 F.3d 207

14-00427

Order

Catholic Health Care System v. Burwell

U.S. Court of Appeals for the Second Circuit

Dec. 1, 2015

Dec. 1, 2015

Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/5658997/roman-catholic-archdiocese-of-new-york-v-sebelius/

Last updated April 7, 2025, 12:04 p.m.

ECF Number Description Date Link Date / Link

Summons Issued as to All Defendants, U.S. Attorney and U.S. Attorney General (Bowens, Priscilla) (Entered: 05/21/2012)

May 21, 2012

May 21, 2012

FILING FEE: $ 350, receipt number 4653044123 (Bowens, Priscilla) (Entered: 05/21/2012)

May 21, 2012

May 21, 2012

Email Notification Test − DO NOT REPLY. (Lee, Tiffeny) (Entered: 05/21/2012)

May 21, 2012

May 21, 2012

ORDER granting 8 Motion for Jennifer M. Bradley to appear pro hac vice as counsel for plaintiffs. Ordered by Judge Brian M. Cogan on 5/21/2012. (Weisberg, Peggy) (Entered: 05/21/2012)

May 21, 2012

May 21, 2012

1

COMPLAINT against All Defendants Disclosure Statement on Civil Cover Sheet completed -yes,, filed by Roman Catholic Diocese of Rockville Centre, New York, Catholic Charities of the Diocese of Rockville Centre, Catholic Health Services of Long Island, Roman Catholic Archdiocese of New York, Catholic Health Care System. (Attachments: # 1 Civil Cover Sheet) (Bowens, Priscilla) (Entered: 05/21/2012)

1 Civil Cover Sheet

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May 21, 2012

May 21, 2012

RECAP
2

DISCLOSURE of Interested Parties by Catholic Health Services of Long Island. (Bowens, Priscilla) (Entered: 05/21/2012)

May 21, 2012

May 21, 2012

PACER
3

DISCLOSURE of Interested Parties by Roman Catholic Diocese of Rockville Centre, New York. (Bowens, Priscilla) (Entered: 05/21/2012)

May 21, 2012

May 21, 2012

PACER
4

DISCLOSURE of Interested Parties by Catholic Health Care System. (Bowens, Priscilla) (Entered: 05/21/2012)

May 21, 2012

May 21, 2012

PACER
5

DISCLOSURE of Interested Parties by Roman Catholic Archdiocese of New York. (Bowens, Priscilla) (Entered: 05/21/2012)

May 21, 2012

May 21, 2012

PACER
6

DISCLOSURE of Interested Parties by Catholic Charities of the Diocese of Rockville Centre. (Bowens, Priscilla) (Entered: 05/21/2012)

May 21, 2012

May 21, 2012

PACER
7

In accordance with Rule 73 of the Federal Rules of Civil Procedure and Local Rule 73.1, the parties are notified that if all parties consent a United States magistrate judge of this court is available to conduct all proceedings in this civil action (including a jury or nonjury trial) and to order the entry of a final judgment. Attached to the Notice is a blank copy of the consent form that should be filled out, signed and filed electronically only if all parties wish to consent. The form may also be accessed at the following link: http://www.uscourts.gov/uscourts/FormsAndFees/Forms/AO085.pdf. You may withhold your consent without adverse substantive consequences.Do NOT return or file the consent unless all parties have signed the consent. (Bowens, Priscilla) (Entered: 05/21/2012)

May 21, 2012

May 21, 2012

PACER
8

Notice of MOTION for Leave to Appear Pro Hac Vice for Jennifer M. Bradley Filing fee $ 25, receipt number 0207-5496012. by Catholic Charities of the Diocese of Rockville Centre, Catholic Health Care System, Catholic Health Services of Long Island, Roman Catholic Archdiocese of New York, Roman Catholic Diocese of Rockville Centre, New York. (Attachments: # 1 Declaration in Support, # 2 Proposed Order) (Geremia, Todd) (Entered: 05/21/2012)

1 Declaration in Support

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2 Proposed Order

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May 21, 2012

May 21, 2012

PACER

SCHEDULING ORDER: Counsel for all parties are directed to appear before the Honorable Brian M. Cogan for an Initial Status Conference on 6/28/2012 at 10:00 am in Chambers 704S. Principal trial counsel must appear at this and all subsequent conferences. Plaintiffs' counsel is directed to notify all attorneys in this action of the conference schedule in writing. Counsel is directed to review Judge Cogan's Individual Practices, which may be obtained on the Court's website at http://www.nyed.uscourts.gov/pub/rules/BMC−MLR.pdf. Requests for adjournment of the conference will be considered only if made in writing and otherwise in accordance with Judge Cogan's rules. Ordered by Judge Brian M. Cogan on 5/22/2012. (Weisberg, Peggy) (Entered: 05/22/2012)

May 22, 2012

May 22, 2012

9

SUMMONS Returned Executed by Roman Catholic Diocese of Rockville Centre, New York, Catholic Charities of the Diocese of Rockville Centre, Catholic Health Services of Long Island, Roman Catholic Archdiocese of New York, Catholic Health Care System. Hilda Solis served on 5/25/2012, answer due 7/24/2012. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2) (Rosselot, Julie) (Entered: 05/31/2012)

1 Exhibit 1

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2 Exhibit 2

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May 31, 2012

May 31, 2012

PACER
10

SUMMONS Returned Executed by Roman Catholic Diocese of Rockville Centre, New York, Catholic Charities of the Diocese of Rockville Centre, Catholic Health Services of Long Island, Roman Catholic Archdiocese of New York, Catholic Health Care System. Kathleen Sebelius served on 5/25/2012, answer due 7/24/2012. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2) (Rosselot, Julie) (Entered: 05/31/2012)

1 Exhibit 1

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2 Exhibit 2

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May 31, 2012

May 31, 2012

PACER
11

SUMMONS Returned Executed by Roman Catholic Diocese of Rockville Centre, New York, Catholic Charities of the Diocese of Rockville Centre, Catholic Health Services of Long Island, Roman Catholic Archdiocese of New York, Catholic Health Care System. U.S. Department of Health and Human Services served on 5/25/2012, answer due 7/24/2012. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2) (Rosselot, Julie) (Entered: 05/31/2012)

1 Exhibit 1

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2 Exhibit 2

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May 31, 2012

May 31, 2012

PACER
12

AFFIDAVIT of Service for Summons and Complaint served on Civil Process Clerk, U.S. Attorney's Office on 5/24/2012, filed by Catholic Charities of the Diocese of Rockville Centre, Catholic Health Care System, Catholic Health Services of Long Island, Roman Catholic Archdiocese of New York, Roman Catholic Diocese of Rockville Centre, New York. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2) (Rosselot, Julie) (Entered: 05/31/2012)

1 Exhibit 1

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2 Exhibit 2

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May 31, 2012

May 31, 2012

PACER
13

SUMMONS Returned Executed by Roman Catholic Diocese of Rockville Centre, New York, Catholic Charities of the Diocese of Rockville Centre, Catholic Health Services of Long Island, Roman Catholic Archdiocese of New York, Catholic Health Care System. U.S. Department of Labor served on 6/1/2012, answer due 7/31/2012. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2) (Rosselot, Julie) (Entered: 06/12/2012)

1 Exhibit 1

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2 Exhibit 2

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June 12, 2012

June 12, 2012

PACER
14

AFFIDAVIT of Service for Summons and Complaint served on Eric H. Holder, Jr., Attorney General of the United States on 5/29/2012, filed by Catholic Charities of the Diocese of Rockville Centre, Catholic Health Care System, Catholic Health Services of Long Island, Roman Catholic Archdiocese of New York, Roman Catholic Diocese of Rockville Centre, New York. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2) (Rosselot, Julie) (Entered: 06/12/2012)

1 Exhibit 1

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2 Exhibit 2

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June 12, 2012

June 12, 2012

PACER
15

NOTICE of Appearance by Benjamin Berwick on behalf of All Defendants (aty to be noticed) (Berwick, Benjamin) (Entered: 06/26/2012)

June 26, 2012

June 26, 2012

PACER

Minute Entry for Initial Status Conference held before Judge Brian M. Cogan on June 28, 2012. Defendants' proposed motion to dismiss the complaint is due by August 6, 2012. If plaintiffs wish to file opposition papers addressing defendants' motion to stay discovery pending this Court's adjudication of defendants' motion to dismiss, plaintiffs' opposition papers regarding the stay are due by August 10, 2012. Opposition to defendants' motion to dismiss is due by August 27, 2012; defendants' reply is due within 28 days of plaintiffs' opposition. (Viglietta, Emily) (Entered: 06/28/2012)

June 28, 2012

June 28, 2012

16

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. Responses due by 8/27/2012 (Attachments: # 1 Memorandum in Support) (Berwick, Benjamin) (Entered: 08/06/2012)

1 Memorandum in Support

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Aug. 6, 2012

Aug. 6, 2012

PACER
17

Letter Brief in Opposition to Defendants' Request for a Stay of Discovery by Catholic Charities of the Diocese of Rockville Centre, Catholic Health Care System, Catholic Health Services of Long Island, Roman Catholic Archdiocese of New York, Roman Catholic Diocese of Rockville Centre, New York (Smith, Patrick) (Entered: 08/10/2012)

Aug. 10, 2012

Aug. 10, 2012

RECAP

ORDER regarding 16 Motion to Dismiss for Lack of Jurisdiction. Defendants' request to stay discovery pending determination of their motion is denied. At this stage, the Court cannot conclude that defendants have made the required showing for such relief. Ordered by Judge Brian M. Cogan on 8/12/2012. (Cogan, Brian) (Entered: 08/12/2012)

Aug. 12, 2012

Aug. 12, 2012

ORDER granting 19 Motion for Leave to File Amicus Brief. Ordered by Judge Brian M. Cogan on 8/20/2012. (Cogan, Brian) (Entered: 08/20/2012)

Aug. 20, 2012

Aug. 20, 2012

18

Corporate Disclosure Statement by American Center for Law & Justice (Merkl, Neil) (Entered: 08/20/2012)

Aug. 20, 2012

Aug. 20, 2012

PACER
19

MOTION for Leave to File Amici Curiae Brief by American Center for Law & Justice. (Attachments: # 1 Memorandum in Support, # 2 Declaration of Cecilia D. Noland-Heil, # 3 Proposed Amici Curiae Brief, # 4 Proposed Order) (Merkl, Neil) (Entered: 08/20/2012)

1 Memorandum in Support

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2 Declaration of Cecilia D. Noland-Heil

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3 Proposed Amici Curiae Brief

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4 Proposed Order

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Aug. 20, 2012

Aug. 20, 2012

PACER

ORDER granting 21 Motion for Cecilia Noland−Heil to appear pro hac vice as counsel or advocate for amici curiae, The American Center for Law & Justice. Ordered by Judge Brian M. Cogan on 8/21/2012. (Weisberg, Peggy) (Entered: 08/21/2012)

Aug. 21, 2012

Aug. 21, 2012

20

NOTICE by American Center for Law & Justice Amici Curiae Brief in Support of Plaintiffs Filed by the American Center for Law & Justice and Seventy-Nine (79) Members of the United States Congress (Merkl, Neil) (Entered: 08/21/2012)

Aug. 21, 2012

Aug. 21, 2012

PACER
21

MOTION for Leave to Appear Pro Hac Vice Filing fee $ 25, receipt number 0207-5679435. by American Center for Law & Justice. (Attachments: # 1 Affidavit in Support, # 2 Exhibit Certificate of Good Standing CA, # 3 Exhibit Certificate of Good Standing TN, # 4 Exhibit Certificate of Good Standing MO, # 5 Proposed Order) (Noland-Heil, Cecilia) (Entered: 08/21/2012)

1 Affidavit in Support

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2 Exhibit Certificate of Good Standing CA

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3 Exhibit Certificate of Good Standing TN

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4 Exhibit Certificate of Good Standing MO

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5 Proposed Order

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Aug. 21, 2012

Aug. 21, 2012

PACER
22

MEMORANDUM in Opposition re 16 MOTION to Dismiss for Lack of Jurisdiction filed by All Plaintiffs. (Rosselot, Julie) (Entered: 08/27/2012)

Aug. 27, 2012

Aug. 27, 2012

PACER
23

AFFIDAVIT/DECLARATION in Opposition re 16 MOTION to Dismiss for Lack of Jurisdiction filed by Roman Catholic Archdiocese of New York. (Rosselot, Julie) (Entered: 08/27/2012)

Aug. 27, 2012

Aug. 27, 2012

PACER
24

AFFIDAVIT/DECLARATION in Opposition re 16 MOTION to Dismiss for Lack of Jurisdiction filed by Catholic Health Care System. (Attachments: # 1 Exhibit A) (Rosselot, Julie) (Entered: 08/27/2012)

1 Exhibit A

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Aug. 27, 2012

Aug. 27, 2012

PACER
25

AFFIDAVIT/DECLARATION in Opposition re 16 MOTION to Dismiss for Lack of Jurisdiction filed by Catholic Health Services of Long Island. (Attachments: # 1 Exhibit A, # 2 Exhibit B) (Rosselot, Julie) (Entered: 08/27/2012)

1 Exhibit A

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2 Exhibit B

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Aug. 27, 2012

Aug. 27, 2012

PACER
26

AFFIDAVIT/DECLARATION in Opposition re 16 MOTION to Dismiss for Lack of Jurisdiction filed by Catholic Charities of the Diocese of Rockville Centre, Roman Catholic Diocese of Rockville Centre, New York. (Rosselot, Julie) (Entered: 08/27/2012)

Aug. 27, 2012

Aug. 27, 2012

PACER
27

SUMMONS Returned Executed by Roman Catholic Diocese of Rockville Centre, New York, Catholic Charities of the Diocese of Rockville Centre, Catholic Health Services of Long Island, Roman Catholic Archdiocese of New York, Catholic Health Care System. U.S. Department of Treasury served on 5/25/2012, answer due 7/24/2012. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2) (Rosselot, Julie) (Entered: 09/11/2012)

1 Exhibit 1

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2 Exhibit 2

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Sept. 11, 2012

Sept. 11, 2012

PACER
28

SUMMONS Returned Executed by Roman Catholic Diocese of Rockville Centre, New York, Catholic Charities of the Diocese of Rockville Centre, Catholic Health Services of Long Island, Roman Catholic Archdiocese of New York, Catholic Health Care System. Timothy Geithner served on 5/25/2012, answer due 7/24/2012. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2) (Rosselot, Julie) (Entered: 09/11/2012)

1 Exhibit 1

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2 Exhibit 2

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Sept. 11, 2012

Sept. 11, 2012

PACER
29

Letter 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. (Berwick, Benjamin) (Entered: 09/18/2012)

Sept. 18, 2012

Sept. 18, 2012

PACER

ORDER granting 29 Motion to file a reply brief in excess of 10 page limit, not to exceed 15 pages. Ordered by Judge Brian M. Cogan on 9/19/2012. (Weisberg, Peggy) (Entered: 09/19/2012)

Sept. 19, 2012

Sept. 19, 2012

30

REPLY in Support re 16 MOTION to Dismiss for Lack of Jurisdiction filed by All Defendants. (Berwick, Benjamin) (Entered: 09/24/2012)

Sept. 24, 2012

Sept. 24, 2012

PACER
31

NOTICE of Appearance by Toni-Ann Citera on behalf of All Plaintiffs (aty to be noticed) (Citera, Toni-Ann) (Entered: 10/08/2012)

Oct. 8, 2012

Oct. 8, 2012

PACER
32

REPORT of Rule 26(f) Planning Meeting (Geremia, Todd) (Entered: 10/16/2012)

Oct. 16, 2012

Oct. 16, 2012

PACER
33

NOTICE 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 16 MOTION to Dismiss for Lack of Jurisdiction Supplemental Authority (Berwick, Benjamin) (Entered: 11/13/2012)

Nov. 13, 2012

Nov. 13, 2012

PACER
34

NOTICE by Catholic Charities of the Diocese of Rockville Centre, Catholic Health Care System, Catholic Health Services of Long Island, Roman Catholic Archdiocese of New York, Roman Catholic Diocese of Rockville Centre, New York re 33 Notice(Other), Response to Defendants Notice of Supplemental Authority (Attachments: # 1 Exhibit A, # 2 Exhibit B) (Geremia, Todd) (Entered: 11/19/2012)

1 Exhibit A

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2 Exhibit B

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Nov. 19, 2012

Nov. 19, 2012

PACER
35

NOTICE 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 16 MOTION to Dismiss for Lack of Jurisdiction Supplemental Authority (Attachments: # 1 Exhibit Catholic Diocese of Nashville v. Sebelius) (Berwick, Benjamin) (Entered: 11/27/2012)

1 Exhibit Catholic Diocese of Nashville v. Sebelius

View on PACER

Nov. 27, 2012

Nov. 27, 2012

PACER
36

NOTICE 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 16 MOTION to Dismiss for Lack of Jurisdiction Supplemental Authority (Attachments: # 1 Exhibit Zubik v. Sebelius) (Berwick, Benjamin) (Entered: 11/29/2012)

1 Exhibit Zubik v. Sebelius

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Nov. 29, 2012

Nov. 29, 2012

PACER
37

MEMORANDUM DECISION AND ORDER: Defendants' motion to dismiss for lack of jurisdiction 16 is granted in part and denied in part. The claims of the Diocese and Catholic Charities are dismissed for lack of standing. Defendants' motion is otherwise denied. So Ordered by Judge Brian M. Cogan on 12/4/2012. (Lee, Tiffeny) (Entered: 12/05/2012)

Dec. 5, 2012

Dec. 5, 2012

RECAP
38

Letter MOTION for Extension of Time to File Motion to Reconsider 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. (Berwick, Benjamin) (Entered: 12/06/2012)

Dec. 6, 2012

Dec. 6, 2012

PACER

SCHEDULING ORDER: re 39 Letter filed by plaintiffs.Discovery conference set for 1/2/2013 11:30 AM in Chambers. Ordered by Judge Brian M. Cogan on 12/26/2012. (Cogan, Brian) (Entered: 12/26/2012)

Dec. 26, 2012

Dec. 26, 2012

39

Letter Requesting Conference Pursuant to Fed. R. Civ. P. 26(f) by Catholic Health Care System, Catholic Health Services of Long Island, Roman Catholic Archdiocese of New York (Geremia, Todd) (Entered: 12/26/2012)

Dec. 26, 2012

Dec. 26, 2012

PACER

ORDER granting 40 Motion to Adjourn Conference to 1/7/13 at 4:30 pm. Ordered by Judge Brian M. Cogan on 12/27/2012. (Cogan, Brian) (Entered: 12/27/2012)

Dec. 27, 2012

Dec. 27, 2012

40

Letter MOTION to Adjourn Conference until the week of January 7, 2013 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. (Berwick, Benjamin) (Entered: 12/27/2012)

Dec. 27, 2012

Dec. 27, 2012

PACER

MINUTE ENTRY for Status Conference held before Judge Brian M. Cogan on January 7, 2013. Both sides present. Plaintiffs may take the the deposition of the designated deponent of the U.S. Department of Health and Human Services ("HHS") on or after March 25, 2013. Defendants shall produce the non−privileged documents used or referred to prepare that witness on the topics agreed to by the parties by March 15, 2013. Defendants shall produce documents on a rolling basis and shall complete document production by June 7, 2013. To the extent that defendants claim the deliberative process privilege over any requested documents, defendants shall produce a privilege log detailing at least some of their deliberative process claims no later than April 30, 2013. Depositions, other than the deposition of HHS's designated witness, may be taken at plaintiffs' request at any time between March 25, 2013 and August 9, 2013. The parties' motions for summary judgment, if they chose to file them, shall be submitted by August 16, 2013, with opposition briefs filed by September 16, 2013, and reply briefs filed by September 30, 2013. If the parties agree to a different discovery and/or briefing schedule, they may jointly submit any proposed schedule to the Court for approval. (Weisberg, Peggy) (Entered: 01/08/2013)

Jan. 8, 2013

Jan. 8, 2013

41

MOTION for Reconsideration re 37 Order on Motion to Dismiss/Lack of Jurisdiction, or, In the Alternative, for Certification Under 28 U.S.C. Section 1292(b) Permitting Immediate Appeal 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 Memorandum in Support, # 2 Declaration of Gary M. Cohen, # 3 Exhibit Wheaton College v. Sebelius, # 4 Exhibit Catholic Diocese of Biloxi v. Sebelius) (Berwick, Benjamin) (Entered: 01/11/2013)

1 Memorandum in Support

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2 Declaration of Gary M. Cohen

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3 Exhibit Wheaton College v. Sebelius

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4 Exhibit Catholic Diocese of Biloxi v. Sebelius

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Jan. 11, 2013

Jan. 11, 2013

PACER

ORDER granting 42 Motion. Plaintiffs' response to defendants' motion for reconsideration due by 2/1/13; defendants' reply due by 2/8/13. Ordered by Judge Brian M. Cogan on 1/23/2013. (Weisberg, Peggy) (Entered: 01/23/2013)

Jan. 23, 2013

Jan. 23, 2013

42

Letter MOTION for Extension of Time to File Response/Reply to Defendants' Motion for Reconsideration by Catholic Health Care System, Catholic Health Services of Long Island, Roman Catholic Archdiocese of New York. (Geremia, Todd) (Entered: 01/23/2013)

Jan. 23, 2013

Jan. 23, 2013

PACER
43

MEMORANDUM in Opposition re 41 MOTION for Reconsideration re 37 Order on Motion to Dismiss/Lack of Jurisdiction, or, In the Alternative, for Certification Under 28 U.S.C. Section 1292(b) Permitting Immediate Appeal filed by All Plaintiffs. (Geremia, Todd) (Entered: 02/01/2013)

Feb. 1, 2013

Feb. 1, 2013

PACER
44

EXHIBIT A by Catholic Health Care System, Catholic Health Services of Long Island, Roman Catholic Archdiocese of New York. Related document: 43 Memorandum in Opposition, filed by Catholic Health Services of Long Island, Roman Catholic Diocese of Rockville Centre, New York, Catholic Health Care System, Roman Catholic Archdiocese of New York, Catholic Charities of the Diocese of Rockville Centre. (Geremia, Todd) (Entered: 02/04/2013)

Feb. 4, 2013

Feb. 4, 2013

PACER
45

REPLY in Support re 41 MOTION for Reconsideration re 37 Order on Motion to Dismiss/Lack of Jurisdiction, or, In the Alternative, for Certification Under 28 U.S.C. Section 1292(b) Permitting Immediate Appeal filed by All Defendants. (Attachments: # 1 Exhibit Bishop Conlon v. Sebelius) (Berwick, Benjamin) (Entered: 02/08/2013)

1 Exhibit Bishop Conlon v. Sebelius

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Feb. 8, 2013

Feb. 8, 2013

PACER
46

NOTICE 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 41 MOTION for Reconsideration re 37 Order on Motion to Dismiss/Lack of Jurisdiction, or, In the Alternative, for Certification Under 28 U.S.C. Section 1292(b) Permitting Immediate Appeal Supplemental Authority (Berwick, Benjamin) (Entered: 02/26/2013)

Feb. 26, 2013

Feb. 26, 2013

PACER
47

Letter MOTION for Extension of Time to Complete Discovery Production of Documents Used To Prepare Deponent 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. (Berwick, Benjamin) (Entered: 03/03/2013)

March 3, 2013

March 3, 2013

PACER
48

NOTICE by Catholic Health Care System, Catholic Health Services of Long Island, Roman Catholic Archdiocese of New York re 46 Notice(Other), Response to Defendants' Notice of Supplemental Authority (Geremia, Todd) (Entered: 03/04/2013)

March 4, 2013

March 4, 2013

PACER
49

NOTICE 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 46 Notice(Other), 48 Notice(Other) Defendants' Reply to Plaintiffs' Response to Notice of Supplemental Authority (Berwick, Benjamin) (Entered: 03/05/2013)

March 5, 2013

March 5, 2013

PACER
50

Letter Requesting Expedited Consideration of Defendants' Motion for Reconsideration or, in the Alternative, for Certification Under 28 U.S.C. Section 1292(b) Permitting Immediate Appeal 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 (Berwick, Benjamin) (Entered: 03/05/2013)

March 5, 2013

March 5, 2013

PACER
51

RESPONSE in Opposition re 47 Letter MOTION for Extension of Time to Complete Discovery Production of Documents Used To Prepare Deponent filed by Catholic Health Care System, Catholic Health Services of Long Island, Roman Catholic Archdiocese of New York. (Geremia, Todd) (Entered: 03/06/2013)

March 6, 2013

March 6, 2013

PACER
52

Letter Regarding Parties' Resolution of Dispute Over Extension of Time to Produce Documents and Withdrawal of 47 Letter Motion 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 (Berwick, Benjamin) (Entered: 03/07/2013)

March 7, 2013

March 7, 2013

PACER
53

Letter re 50 Letter Requesting Expedited Consideration of Defendants' Motion for Reconsideration or, in the Alternative, for Certification Under 28 U.S.C. Section 1292(b) Permitting Immediate Appeal by Catholic Health Care System, Catholic Health Services of Long Island, Roman Catholic Archdiocese of New York (Geremia, Todd) (Entered: 03/11/2013)

March 11, 2013

March 11, 2013

PACER
54

ANSWER to 1 Complaint, by All Defendants. (Berwick, Benjamin) (Entered: 03/15/2013)

March 15, 2013

March 15, 2013

PACER

ORDER as to 55 Letter. Plaintiffs' motion to compel is denied and defendants' motion for a protective order is granted. Plaintiffs' request for the Secretary's deposition is premature, if it is even appropriate at all. To the extent the Secretary's motivation may become significant, plaintiffs' discovery should initially focus on the facts of who said what to whom and when, including statements made to and by the Secretary, which are likely to elicit such motivational information. In addition to documentary evidence, other witnesses can testify about the Secretary's public and internal statements as well as her participation in the events at issue. After that discovery is exhausted, the Court may reconsider whether there remains any need for the Secretary's examination. But, at this stage, the Court is not prepared to find that the motivation of the Secretary justifies the deposition of the head of a cabinet−level department. Ordered by Judge Brian M. Cogan on 3/25/2013. (Weisberg, Peggy) (Entered: 03/25/2013)

March 25, 2013

March 25, 2013

55

Letter Regarding Discovery Dispute 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 (Berwick, Benjamin) (Entered: 03/25/2013)

March 25, 2013

March 25, 2013

PACER
56

NOTICE 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 41 MOTION for Reconsideration re 37 Order on Motion to Dismiss/Lack of Jurisdiction, or, In the Alternative, for Certification Under 28 U.S.C. Section 1292(b) Permitting Immediate Appeal Supplemental Authority (Attachments: # 1 Exhibit Wenski v. Sebelius) (Berwick, Benjamin) (Entered: 03/25/2013)

1 Exhibit Wenski v. Sebelius

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March 25, 2013

March 25, 2013

PACER
57

NOTICE 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 41 MOTION for Reconsideration re 37 Order on Motion to Dismiss/Lack of Jurisdiction, or, In the Alternative, for Certification Under 28 U.S.C. Section 1292(b) Permitting Immediate Appeal Supplemental Authority (Berwick, Benjamin) (Entered: 04/05/2013)

April 5, 2013

April 5, 2013

PACER
58

NOTICE by Catholic Health Care System, Catholic Health Services of Long Island, Roman Catholic Archdiocese of New York re 57 Notice(Other), 56 Notice(Other), Response to Defendants' Notices of Supplemental Authority (Geremia, Todd) (Entered: 04/05/2013)

April 5, 2013

April 5, 2013

PACER
59

NOTICE 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 41 MOTION for Reconsideration re 37 Order on Motion to Dismiss/Lack of Jurisdiction, or, In the Alternative, for Certification Under 28 U.S.C. Section 1292(b) Permitting Immediate Appeal Supplemental Authority (Berwick, Benjamin) (Entered: 04/17/2013)

April 17, 2013

April 17, 2013

PACER

ORDER re 60 defendants' emergency motion to halt proceedings. The motion is granted in part. All proceedings and discovery are stayed pending the completion of the agency defendants' current rulemaking proceedings. Defendants shall provide the Court with a written update on the status of the rulemaking every 60 days. The Court will consider the representations made by defendants in this motion as to the non−enforceability of the current regulations against plaintiffs in the context of its consideration of defendants motion for reconsideration or certification of an interlocutory appeal. Ordered by Judge Brian M. Cogan on 4/24/2013. (Palmieri, Michael) (Entered: 04/24/2013)

April 24, 2013

April 24, 2013

60

Letter EMERGENCY MOTION to Halt Proceedings and Dismiss Case 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 1 - Cohen Declaration, # 2 Exhibit 2 - Lyons Declaration, # 3 Exhibit 3 - Williams Declaration, # 4 Exhibit 4 - Cantwell Declaration, # 5 Exhibit 5 - Melcher Declaration, # 6 Exhibit 6 - Stein Declaration, # 7 Exhibit 7 - Craig Declaration, # 8 Exhibit 8 - Berwick Declaration, # 9 Exhibit 9 - Plaintiffs' RFPs, # 10 Exhibit 10 - Plaintiffs' Interrogatories, # 11 Exhibit 11 - Plaintiffs' RFAs) (Berwick, Benjamin) (Entered: 04/24/2013)

1 Exhibit 1 - Cohen Declaration

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2 Exhibit 2 - Lyons Declaration

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3 Exhibit 3 - Williams Declaration

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4 Exhibit 4 - Cantwell Declaration

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5 Exhibit 5 - Melcher Declaration

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6 Exhibit 6 - Stein Declaration

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7 Exhibit 7 - Craig Declaration

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8 Exhibit 8 - Berwick Declaration

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9 Exhibit 9 - Plaintiffs' RFPs

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10 Exhibit 10 - Plaintiffs' Interrogatories

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11 Exhibit 11 - Plaintiffs' RFAs

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April 24, 2013

April 24, 2013

PACER
61

Letter Response to Emergency Motion to Halt Proceedings and Dismiss Case by Catholic Health Care System, Catholic Health Services of Long Island, Roman Catholic Archdiocese of New York (Geremia, Todd) (Entered: 04/25/2013)

April 25, 2013

April 25, 2013

PACER
62

STATUS REPORT 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 (Berwick, Benjamin) (Entered: 06/24/2013)

June 24, 2013

June 24, 2013

PACER

ORDER as to 63 plaintiffs' letter regarding the promulgation of Final Rules. Both sides are directed to file a letter of no more than 3 pages by 7/12/2013 advising the Court of how they intend to proceed in light of the newly−promulgated Final Rules. The stay in this matter will remain in place through 7/12/2013. Ordered by Judge Brian M. Cogan on 7/1/2013. (Weisberg, Peggy) (Entered: 07/01/2013)

July 1, 2013

July 1, 2013

63

Letter regarding promulgation of Final Rules by Catholic Health Care System, Catholic Health Services of Long Island, Roman Catholic Archdiocese of New York (Attachments: # 1 Exhibit A, # 2 Exhibit B) (Geremia, Todd) (Entered: 07/01/2013)

1 Exhibit A

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2 Exhibit B

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July 1, 2013

July 1, 2013

PACER

ORDER as to 64 65 plaintiffs' and defendants' letter. Missing from plaintiffs' request is any indication as to whether defendants have been consulted and consent to the amendment and proposed schedule. The Court cannot rule on this without knowing defendants' position. It is the Court's preference to allow plaintiffs to file an amended complaint and have the briefing schedule that they have proposed, but if defendants would rather argue futility in the context of Rule 15 (which, despite plaintiffs assertion, the Court believes could be raised against a proposed amended complaint) rather than lack of plausibility or viability under Rule 12(b) (the former standard seems at least technically more difficult for defendants), then the Court is not going to allow the amendment ex parte without hearing from defendants. If defendants oppose the amendment, plaintiffs are granted leave to move to amend along they lines they suggest, anticipating, as does their letter, defendants' futility argument. Ordered by Judge Brian M. Cogan on 7/12/2013. (Weisberg, Peggy) (Entered: 07/12/2013)

July 12, 2013

July 12, 2013

64

Letter by Catholic Health Care System, Catholic Health Services of Long Island, Roman Catholic Archdiocese of New York (Geremia, Todd) (Entered: 07/12/2013)

July 12, 2013

July 12, 2013

PACER
65

Letter 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 (Berwick, Benjamin) (Entered: 07/12/2013)

July 12, 2013

July 12, 2013

PACER
66

Letter in Joint Submission Regarding Parties' Proposed Schedule by Catholic Charities of the Diocese of Rockville Centre, Catholic Health Care System, Catholic Health Services of Long Island, Timothy Geithner, Roman Catholic Archdiocese of New York, Roman Catholic Diocese of Rockville Centre, New York, Kathleen Sebelius, Hilda Solis, U.S. Department of Health and Human Services, U.S. Department of Labor, U.S. Department of Treasury (Smith, Patrick) (Entered: 07/24/2013)

July 24, 2013

July 24, 2013

PACER

ORDER denying 41 Motion for Reconsideration as moot without prejudice. Ordered by Judge Brian M. Cogan on 7/25/2013. (Weisberg, Peggy) (Entered: 07/25/2013)

July 25, 2013

July 25, 2013

67

ORDER: re 66 . The schedule is approved, with the understanding that the Court cannotcommit to meet the parties' preferred schedule for a decision, although it willattempt to. In addition,the Court assumes that neither party is requesting anevidentiary hearing or discovery on the preliminary injunction motion and bothparties consent to the determination of that motion on the papers that will besubmitted. Finally, it seems that defendants' pending motion for reconsiderationshould be denied as moot, without prejudice to challenging standing (or raisingany other available defenses) under the amended complaint in their motion todismiss or for summary judgment. If that is not the case, defendants shouldadvise the Court now. Ordered by Judge Brian M. Cogan on 7/25/2013. (Siegfried, Evan) (Entered: 07/25/2013)

July 25, 2013

July 25, 2013

PACER
68

Letter 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 (Berwick, Benjamin) (Entered: 07/25/2013)

July 25, 2013

July 25, 2013

PACER
69

AMENDED COMPLAINT against All Defendants, filed by Roman Catholic Diocese of Rockville Centre, New York, Catholic Health Services of Long Island, Roman Catholic Archdiocese of New York, Catholic Health Care System, Cardinal Spellman High School, Monsignor Farrell High School. (Geremia, Todd) (Entered: 08/14/2013)

Aug. 14, 2013

Aug. 14, 2013

PACER
70

Corporate Disclosure Statement by Cardinal Spellman High School (Geremia, Todd) (Entered: 08/14/2013)

Aug. 14, 2013

Aug. 14, 2013

PACER
71

Corporate Disclosure Statement by Monsignor Farrell High School (Geremia, Todd) (Entered: 08/14/2013)

Aug. 14, 2013

Aug. 14, 2013

PACER
72

Notice of MOTION for Preliminary Injunction by Cardinal Spellman High School, Catholic Health Care System, Catholic Health Services of Long Island, Monsignor Farrell High School, Roman Catholic Archdiocese of New York, Roman Catholic Diocese of Rockville Centre, New York. (Geremia, Todd) (Entered: 08/14/2013)

Aug. 14, 2013

Aug. 14, 2013

PACER
73

MEMORANDUM in Support re 72 Notice of MOTION for Preliminary Injunction filed by Cardinal Spellman High School, Catholic Health Care System, Catholic Health Services of Long Island, Monsignor Farrell High School, Roman Catholic Archdiocese of New York, Roman Catholic Diocese of Rockville Centre, New York. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F) (Geremia, Todd) (Entered: 08/14/2013)

1 Exhibit A

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2 Exhibit B

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3 Exhibit C

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4 Exhibit D

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5 Exhibit E

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6 Exhibit F

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Aug. 14, 2013

Aug. 14, 2013

PACER
74

AFFIDAVIT/DECLARATION in Support re 72 Notice of MOTION for Preliminary Injunction filed by Cardinal Spellman High School, Catholic Health Care System, Catholic Health Services of Long Island, Monsignor Farrell High School, Roman Catholic Archdiocese of New York, Roman Catholic Diocese of Rockville Centre, New York. (Attachments: # 1 Exhibit 1) (Geremia, Todd) (Entered: 08/14/2013)

1 Exhibit 1

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Aug. 14, 2013

Aug. 14, 2013

PACER

ORDER re 75 Letter filed by defendants. The request not to file the entire administrative record on line is granted in part. Defendants shall file a CD Rom containing the record with the Clerk and courtesy copy of the CD−Rom shall be delivered to Chambers. In addition, defendants shall confer with plaintiffs and file on ECF an Appendix containing all materials cited by either party in their briefs. If the timing of filing the briefs requires it, a supplemental appendix or appendices shall be filed on ECF so that all citations to the administrative record contained in the briefs are online. Each appendix or supplemental appendix shall have a table of contents and each page shall be numbered consecutively. In other words, do what you would do with a record on appeal. Ordered by Judge Brian M. Cogan on 8/28/2013. (Cogan, Brian) (Entered: 08/28/2013)

Aug. 28, 2013

Aug. 28, 2013

75

Letter 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 (Berwick, Benjamin) (Entered: 08/28/2013)

Aug. 28, 2013

Aug. 28, 2013

PACER
76

Joint MOTION for Leave to File Excess Pages by Cardinal Spellman High School, Catholic Charities of the Diocese of Rockville Centre, Catholic Health Care System, Catholic Health Services of Long Island, Timothy Geithner, Monsignor Farrell High School, Roman Catholic Archdiocese of New York, Roman Catholic Diocese of Rockville Centre, New York, Kathleen Sebelius, Hilda Solis, U.S. Department of Health and Human Services, U.S. Department of Labor, U.S. Department of Treasury. (Berwick, Benjamin) (Entered: 08/28/2013)

Aug. 28, 2013

Aug. 28, 2013

PACER

ORDER granting 76 Joint Motion for Leave to File Excess Pages. Ordered by Judge Brian M. Cogan on 8/28/2013. (Clarke, Melonie) (Entered: 08/30/2013)

Aug. 30, 2013

Aug. 30, 2013

77

NOTICE 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 of Filing of Administrative Record (Attachments: # 1 Exhibit Certification of Administrative Record, # 2 Exhibit Index of Administrative Record) (Berwick, Benjamin) (Entered: 08/30/2013)

1 Exhibit Certification of Administrative Record

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2 Exhibit Index of Administrative Record

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Aug. 30, 2013

Aug. 30, 2013

PACER

ORDER re 78 Joint Letter. Defendants' interpretation of the Order is correct in context, but since plaintiffs' approach will make it easier for the Court, the Court adopts plaintiffs' approach, which is of course without prejudice to defendants' contention that materials outside the administrative record should not be considered. Ordered by Judge Brian M. Cogan on 9/11/2013. (Cogan, Brian) (Entered: 09/11/2013)

Sept. 11, 2013

Sept. 11, 2013

78

Letter requesting clarification regarding appendix by Cardinal Spellman High School, Catholic Health Care System, Catholic Health Services of Long Island, Timothy Geithner, Monsignor Farrell High School, Roman Catholic Archdiocese of New York, Roman Catholic Diocese of Rockville Centre, New York, 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 A) (Rosselot, Julie) (Entered: 09/11/2013)

1 Exhibit A

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Sept. 11, 2013

Sept. 11, 2013

PACER

Case Details

State / Territory: New York

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: 2017

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Catholic Archdiocese and other Catholic organizations of New York.

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 Labor, Federal

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

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

Constitutional Clause(s):

Free Exercise Clause

Establishment Clause

Freedom of speech/association

Available Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Unknown

Source of Relief:

Settlement

Form of Settlement:

Voluntary Dismissal

Content of Injunction:

Preliminary relief granted

Discrimination Prohibition

Issues

General/Misc.:

Religious programs / policies

Discrimination Basis:

Religion discrimination

Reproductive rights:

Abortion

Contraception