Case: Diocese of Fort Wayne-South Bend v. Burwell

1:12-cv-00159 | U.S. District Court for the Northern District of Indiana

Filed Date: May 21, 2012

Closed Date: Oct. 24, 2017

Clearinghouse coding complete

Case Summary

This case was one of many filed in federal district courts across the country by non-profit Catholic organizations challenging the ACA's system for ensuring that employee health insurance covers birth control. Specifically, the plaintiffs objected to notifying the government or their health insurer that they were claiming a religious exemption from the ACA regulation's mandatory insurance coverage for contraception. The current regulatory accommodation allows religious organizations who object …

This case was one of many filed in federal district courts across the country by non-profit Catholic organizations challenging the ACA's system for ensuring that employee health insurance covers birth control. Specifically, the plaintiffs objected to notifying the government or their health insurer that they were claiming a religious exemption from the ACA regulation's mandatory insurance coverage for contraception. The current regulatory accommodation allows religious organizations who object for religious reasons to providing contraceptive coverage for their employees to notify their insurer, or notify the government directly, of that objection. Then, the government will work with the insurer or health benefits provider to ensure the employees have access to contraception. The religious employers claim that this approach violates the Religious Freedom Restoration Act, because they see their action of notifying the government as starting a chain of events that results in their employees receiving contraception.

This particular lawsuit was filed by the Catholic Diocese of Fort Worth-South Bend and affiliated Catholic organizations (Catholic Charities of the Diocese of Fort Wayne-South Bend, Inc.; Saint Anne Home & Retirement Community of the Diocese of Fort Wayne-South Bend; Franciscan Alliance, Inc.; Specialty Physicians of Illinois, LLC; University of Saint Francis; and Our Sunday Visitor, Inc.) on May 21, 2012 in the Northern District of Missouri against the federal government under the Religious Freedom Restoration Act (RFRA), the Administrative Procedure Act (APA) and the First Amendment. The plaintiffs sought to enjoin enforcement of provisions of the Affordable Care Act (ACA) extending universal contraception coverage in employer-sponsored private health insurance coverage. The plaintiffs contended that the contraception coverage mandate violated their sincerely held religious beliefs.

On Oct. 2, 2012, the plaintiffs moved to consolidate this case with Tonn and Blank Construction, LLC v. Sebelius, a case with similar legal issues and the same defendants. Tonn and Blank Construction, LLC, the plaintiff, was a Catholic, wholly-owned subsidiary of one of the plaintiffs in this action.

On Oct. 19, 2012, the case was reassigned from Judge William C. Lee to Judge Jon E. DeGuilio for the purpose of judicial efficiency, as Judge DeGuilio was already assigned to Tonn and Blank.

On Apr. 1, 2013, the court denied the plaintiffs' motion for consolidation, finding that the cases involve different outcome-determinative facts which will require a distinct legal analysis in each case, most notably the fact that the plaintiff in the Tonn and Blank case was a for-profit entity that was not eligible for the temporary safe harbor provision.

Meanwhile, on March 14, 2013, Judge Jon A. DeGuilio had stayed the case pending (1) the finalization of contraceptive coverage rules from the Department of Health and Human Services; and (2) the appeal of University of Notre Dame v. Sebelius, a case involving the same issues pending before the Seventh Circuit. The order required the parties to submit a joint report stating their intentions with respect to the lawsuit and an agreed-upon schedule by July 26, 2013, which they did. The court considered the joint notice, and lifted the stay on July 31, 2013.

On Sept. 6, 2013, the plaintiffs amended their complaint to challenge the regulation as amended. 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 amended law's accommodations required plaintiffs to self-certify 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 that the plaintiffs found objectionable. The plaintiffs were, thus, 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 Dec. 27, 2013, District Judge Jon E. Deguilio granted the Church's motion for a preliminary injunction. 2013 WL 6843012 at *1. The court recognized that while the Diocese itself was exempt from the contraception mandate as a religious employer, the remaining affiliated organizations were subject to the self-certification accommodation as put forth in the amended regulation. The court held that the remaining plaintiffs demonstrated a reasonable likelihood of success on their RFRA challenge, noting that requiring self-certification represented a substantial burden on their religious exercise by compelling them to facilitate and serve as the conduit through which objectionable contraceptive products and services are ultimately provided to their employees. The court also found that the application of the two regulations-the exemption and the accommodation-had the ultimate effect of dividing the Catholic Church into two separate entities which has created a substantial burden on the Diocese as well. The court found that the government did not show that the contraception mandate was the least restrictive means to further a compelling governmental interest, noting that were other ways to promote public health and gender equality that were not burdensome on religious liberty.

On Feb. 24, 2014, the defendants filed an interlocutory appeal to the U.S. Court of Appeals for the Seventh Circuit challenging the preliminary injunction. The interlocutory appeal was assigned USCA Case No. 14-1431.

On Mar. 3, 2014, the Seventh Circuit, on its own motion, ordered that the appeal be consolidated with Grace Schools v. Sebelius for purposes of briefing and disposition. Grace Schools v. Sebelius had the same legal issues as the underlying case, and the plaintiffs were underlying Grace Schools and Biola University, Inc., both Catholic non-profit organizations.

On Aug. 28, 2014, the name of the case changed from Diocese of Fort Wayne-South Bend v. Sebelius. Sylvia Burwell was automatically substituted as petitioner in the pending Seventh Circuit appeal when she was approved by the U.S. Senate as the Secretary of Health and Human Services after being nominated by President Barack Obama to replace Kathleen Sebelius following Sebelius' resignation on Apr. 10, 2014.

The appeal was argued on Dec. 3, 2014, before Circuit Judges Manion, Rovner, and Hamilton, for the Seventh Circuit.

At the district court level, on Jan. 15, 2015, Magistrate Judge Roger B. Cosbey was added to the case, replacing Magistrate Judge Susan L. Collins.

On May 21, 2015, the parties were ordered to file position statements explaining the consequences of the Seventh Circuit's opinion in University of Notre Dame v. Sebelius, in which the court had issued its decision two days earlier. The parties obliged.

On Sept. 4, 2015, the Seventh Circuit reversed and remanded. The court concluded that the plaintiffs had been forced to take actions that violated their sincerely held beliefs, but nonetheless held that the ACA's regulations did not impose a substantial burden under RFRA. The court maintained the injunction for a 60-day period in order to allow the district court adequate time to address additional arguments made by the parties but not addressed prior to the appeal.

On Oct. 19, 2015, the plaintiffs filed a petition for rehearing en banc. They argued that the panel decision conflicted with Burwell v. Hobby Lobby Stores, 134 S.Ct. 2751 (2014), on the question of what constitutes a "substantial burden" on religious exercise under RFRA.

The court denied the plaintiffs' petition on Nov. 5, 2015.

On Nov. 11, 2015, the plaintiffs filed a motion for a stay of mandate pending the petition for writ of certiorari, and the motion was granted the next day.

On May 16, 2016, the Supreme Court granted the petition for writ of certiorari. On June 17, 2016, it vacated the Seventh Circuit's judgment, and remanded the case to the Seventh Circuit in light of the Supreme Court's decision in Zubik v. Burwell, 136 S.Ct. 1557 (2016). In Zubik, the Supreme Court determined through supplemental briefing that insurance companies could provide contraceptive coverage to employees of organizations that objected to such coverage on religious grounds without the organizations needing to provide notification. The Court reached no decision on the merits of the case, but vacated the case for further consideration by the lower courts to determine how to proceed in a manner that would grant employees full contraceptive coverage while also respecting the organizations' religious exercise.

Between July 21, 2016 and Sept. 13, 2017, the parties filed numerous joint status reports.

Meanwhile, on Feb. 2, 2017, Burwell had been substituted by Thomas E. Price, so the name of the case in the Seventh Circuit was changed to Diocese of Fort Wayne-South Bend v. Price. On May 4, 2017, Edward C. Hugler and Thomas E. Perez, the Acting Secretary of Labor and the Secretary of Labor, respectively, were substituted by R. Alexander Acosta, the new Secretary of Labor, after he was sworn into office.

On Oct. 6, 2017, the defendants moved for a voluntary dismissal of the appeal, and Circuit Judges Manion, Rovner, and Hamilton, for the Seventh Circuit dismissed the consolidated appeals.

On Oct. 17, 2017, the plaintiffs filed their response, and we believe that they consented to the motion.

On Oct. 19, 2017, the Seventh Circuit issued a mandate dismissing the appeal.

On Oct. 23, 2017, the plaintiffs jointly stipulated to dismiss the case, and the case was dismissed the next day.

Summary Authors

Christopher Schad (5/20/2012)

Wyatt Fore (3/29/2013)

Richard Jolly (4/20/2014)

Elizabeth Greiter (2/10/2018)

Related Cases

Grace Schools v. Sebelius, Northern District of Indiana (2012)

Zubik v. Burwell [II], Western District of Pennsylvania (2013)

University of Notre Dame v. Sebelius, Northern District of Indiana (2013)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/4265470/parties/diocese-of-fort-wayne-south-bend-inc-v-sebelius/


Judge(s)

Cosbey, Roger B. (Indiana)

DeGuilio, Jon Ernest (Indiana)

Lee, William Charles (Indiana)

Attorneys(s) for Plaintiff

DeJulius, Leon F. Jr. (Pennsylvania)

Doelling, Robert E. (Indiana)

Downes, W. Patrick (Indiana)

Goetz, John D. (Pennsylvania)

Hall, Scott (Indiana)

Hogan, Carol A. (Illinois)

Hopkins, William T. Jr. (Indiana)

Judge(s)

Cosbey, Roger B. (Indiana)

DeGuilio, Jon Ernest (Indiana)

Lee, William Charles (Indiana)

Attorneys(s) for Plaintiff

DeJulius, Leon F. Jr. (Pennsylvania)

Doelling, Robert E. (Indiana)

Downes, W. Patrick (Indiana)

Goetz, John D. (Pennsylvania)

Hall, Scott (Indiana)

Hogan, Carol A. (Illinois)

Hopkins, William T. Jr. (Indiana)

Kairis, Matthew A (Ohio)

Kilmartin, Alison J. (Pennsylvania)

Mulholland, Shane C. (Indiana)

Murphy, Eric Earl (Ohio)

Murray, Brian Joseph (Illinois)

Palmisciano, Melissa D (Ohio)

Pohl, Paul M. (Pennsylvania)

Raimer, David T. (District of Columbia)

Ranjan, Brandy H (Ohio)

Attorneys(s) for Defendant

Berwick, Benjamin Leon (District of Columbia)

Davis, Ethan P. (District of Columbia)

Johnson, Clifford D. (Indiana)

McElvain, Joel (District of Columbia)

Shumate, Brett (District of Columbia)

Other Attorney(s)

Amiri, Brigitte A. (New York)

Heil, CeCe (Virginia)

Mach, Daniel (District of Columbia)

Manion, Francis J (Kentucky)

Roth, Stuart J. (District of Columbia)

Sekulow, Jay Alan (District of Columbia)

Surtees, Geoffrey R. (Kentucky)

White, Edward L. III (Michigan)

Documents in the Clearinghouse

Document

1:12-cv-00159

14-01431

Docket [PACER]

Diocese of Fort Wayne-South Bend v. Sebelius

Oct. 24, 2017

Oct. 24, 2017

Docket
1

1:12-cv-00159

Complaint

Diocese of Fort Wayne-South Bend v. Sebelius

May 21, 2012

May 21, 2012

Complaint
61

1:12-cv-00159

Order [Staying Case and Ordering a Joint Report]

Diocese of Fort Wayne-South Bend v. Sebelius

March 14, 2013

March 14, 2013

Order/Opinion
62

1:12-cv-00159

Order [Declining Consolidation of Cases]

Diocese of Fort Wayne-South Bend v. Sebelius

April 1, 2013

April 1, 2013

Order/Opinion
70

1:12-cv-00159

Order [Denying Defendants' Motion to Dismiss with Leave to Re-File]

Diocese of Fort Wayne-South Bend v. Sebelius

July 31, 2013

July 31, 2013

Order/Opinion
73

1:12-cv-00159

Amended Complaint and Demand for Jury Trial

Diocese of Fort Wayne-South Bend v. Sebelius

Sept. 6, 2013

Sept. 6, 2013

Complaint
122

1:12-cv-00159

Memorandum Opinion and Order [Granting Preliminary Injunction]

Diocese of Fort Wayne-South Bend v. Sebelius

988 F.Supp.2d 958, 2013 WL 6843012

Dec. 27, 2013

Dec. 27, 2013

Order/Opinion

1:12-cv-00159

Settlement Agreement

Oct. 13, 2017

Oct. 13, 2017

Settlement Agreement
136

1:12-cv-00159

Joint Stipulation of Dismissal

Diocese of Fort Wayne-South Bend v. Sebelius

Oct. 23, 2017

Oct. 23, 2017

Pleading / Motion / Brief

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4265470/diocese-of-fort-wayne-south-bend-inc-v-sebelius/

Last updated Aug. 10, 2022, 3:17 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT with Jury Demand against Timothy Geithner, Kathleen Sebelius, Hilda Solis, US Department of Health and Human Services, US Department of Labor, US Department of Treasury (Filing fee $ 350.) Receipt #INN1002139, filed by Our Sunday Visitor Inc, Catholic Charities of the Diocese of Fort Wayne-South Bend Inc, Franciscan Alliance Inc, Saint Francis University of, Diocese of Fort Wayne-South Bend Inc, Saint Anne Home & Retirement Community of the Diocese of Fort Wayne-South Bend Inc. (Attachments: # 1 Civil Cover Sheet)(kjm) (Entered: 05/21/2012)

1 Civil Cover Sheet

View on PACER

May 21, 2012

May 21, 2012

RECAP
2

NOTICE of Appearance by Matthew A Kairis on behalf of Catholic Charities of the Diocese of Fort Wayne-South Bend Inc, Diocese of Fort Wayne-South Bend Inc, Franciscan Alliance Inc, Our Sunday Visitor Inc, Saint Anne Home & Retirement Community of the Diocese of Fort Wayne-South Bend Inc (kjm) (Entered: 05/21/2012)

May 21, 2012

May 21, 2012

PACER
3

Corporate Disclosure Statement by Diocese of Fort Wayne-South Bend Inc. (kjm) (Entered: 05/21/2012)

May 21, 2012

May 21, 2012

PACER
4

Corporate Disclosure Statement by Saint Anne Home & Retirement Community of the Diocese of Fort Wayne-South Bend Inc. (kjm) (Entered: 05/21/2012)

May 21, 2012

May 21, 2012

PACER
5

Corporate Disclosure Statement by Saint Francis University of. (kjm) (Entered: 05/21/2012)

May 21, 2012

May 21, 2012

PACER
6

Corporate Disclosure Statement by Franciscan Alliance Inc. (kjm) (Entered: 05/21/2012)

May 21, 2012

May 21, 2012

PACER
7

Corporate Disclosure Statement by Our Sunday Visitor Inc. (kjm) (Entered: 05/21/2012)

May 21, 2012

May 21, 2012

PACER
8

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

May 21, 2012

May 21, 2012

PACER
12

Corporate Disclosure Statement by Catholic Charities of the Diocese of Fort Wayne-South Bend Inc. (jcp) (Entered: 05/31/2012)

May 21, 2012

May 21, 2012

PACER
9

NOTICE of Appearance by W Patrick Downes on behalf of Franciscan Alliance Inc (Downes, W) (Entered: 05/24/2012)

May 24, 2012

May 24, 2012

PACER
10

NOTICE of Appearance by William T Hopkins, Jr on behalf of Saint Francis University of (Hopkins, William) (Entered: 05/25/2012)

May 25, 2012

May 25, 2012

PACER
11

NOTICE of Appearance by M Scott Hall on behalf of Catholic Charities of the Diocese of Fort Wayne-South Bend Inc, Diocese of Fort Wayne-South Bend Inc, Saint Anne Home & Retirement Community of the Diocese of Fort Wayne-South Bend Inc (Hall, M) (Entered: 05/30/2012)

May 30, 2012

May 30, 2012

PACER
13

NOTICE of Appearance by Robert E Doelling on behalf of Our Sunday Visitor Inc (Doelling, Robert) (Entered: 06/01/2012)

June 1, 2012

June 1, 2012

PACER
14

NOTICE of Appearance by Shane C Mulholland on behalf of Our Sunday Visitor Inc (Mulholland, Shane) (Entered: 06/04/2012)

June 4, 2012

June 4, 2012

PACER
15

NOTICE of Appearance by Benjamin L Berwick on behalf of All Defendants (Berwick, Benjamin) (Entered: 06/29/2012)

June 29, 2012

June 29, 2012

PACER
16

Joint MOTION for Extension of Time to File Response to Complaint by Defendants Timothy Geithner, Kathleen Sebelius, Hilda Solis, US Department of Health and Human Services, US Department of Labor, US Department of Treasury. (Attachments: # 1 Proposed Order)(Berwick, Benjamin) (Entered: 07/02/2012)

July 2, 2012

July 2, 2012

PACER
17

ENTRY for Magistrate Judge Roger B. Cosbey: The 16 Motion for Extension of Time is GRANTED. Defendants' motion to dismiss the Complaint is due on or before 8/6/2012. Plaintiffs' response due on or before 8/27/2012. Defendants' reply due by 9/24/2012. So Ordered. (mr) (Entered: 07/09/2012)

July 9, 2012

July 9, 2012

PACER
18

NOTICE of Appearance by Carol A Hogan on behalf of All Plaintiffs (Hogan, Carol) (Entered: 07/12/2012)

July 12, 2012

July 12, 2012

PACER
19

NOTICE of Appearance by Brian J Murray on behalf of All Plaintiffs (Murray, Brian) (Entered: 07/12/2012)

July 12, 2012

July 12, 2012

PACER
20

NOTICE of Appearance by Brandy H Ranjan on behalf of All Plaintiffs (Ranjan, Brandy) (Entered: 07/12/2012)

July 12, 2012

July 12, 2012

PACER
21

NOTICE of Appearance by Leon F DeJulius, Jr on behalf of All Plaintiffs (DeJulius, Leon) (Entered: 07/13/2012)

July 13, 2012

July 13, 2012

PACER
22

NOTICE of Appearance by Alison M Kilmartin on behalf of All Plaintiffs (Kilmartin, Alison) (Entered: 07/13/2012)

July 13, 2012

July 13, 2012

PACER
23

CERTIFICATE of Service. (Ranjan, Brandy) (Entered: 07/13/2012)

July 13, 2012

July 13, 2012

PACER
24

NOTICE of Appearance by Eric E Murphy on behalf of All Plaintiffs (Murphy, Eric) (Entered: 07/13/2012)

July 13, 2012

July 13, 2012

PACER
25

SUMMONS Returned Executed by Our Sunday Visitor Inc, Catholic Charities of the Diocese of Fort Wayne-South Bend Inc, Franciscan Alliance Inc, Saint Francis University of, Diocese of Fort Wayne-South Bend Inc, Saint Anne Home & Retirement Community of the Diocese of Fort Wayne-South Bend Inc. All Defendants. (Attachments: # 1 Exhibit Exs. A-H - Certified Mail Receipts)(Kairis, Matthew) (Entered: 07/27/2012)

July 27, 2012

July 27, 2012

PACER
26

MOTION to Dismiss for Lack of Jurisdiction by Defendants Timothy Geithner, Kathleen Sebelius, Hilda Solis, US Department of Health and Human Services, US Department of Labor, US Department of Treasury. (Berwick, Benjamin) (Entered: 08/06/2012)

Aug. 6, 2012

Aug. 6, 2012

PACER
27

MEMORANDUM in Support of 26 MOTION to Dismiss for Lack of Jurisdiction filed by Timothy Geithner, Kathleen Sebelius, Hilda Solis, US Department of Health and Human Services, US Department of Labor, US Department of Treasury. (Berwick, Benjamin) (Entered: 08/06/2012)

Aug. 6, 2012

Aug. 6, 2012

PACER
28

Corporate Disclosure Statement by American Center for Law & Justice, et al.. (White, Edward) (Entered: 08/20/2012)

Aug. 20, 2012

Aug. 20, 2012

PACER
29

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

Aug. 20, 2012

Aug. 20, 2012

PACER
30

RESPONSE to Motion re 26 MOTION to Dismiss for Lack of Jurisdiction filed by Catholic Charities of the Diocese of Fort Wayne-South Bend Inc, Diocese of Fort Wayne-South Bend Inc, Franciscan Alliance Inc, Our Sunday Visitor Inc, Saint Anne Home & Retirement Community of the Diocese of Fort Wayne-South Bend Inc, Saint Francis University of. (Kairis, Matthew) (Entered: 08/27/2012)

Aug. 27, 2012

Aug. 27, 2012

PACER
31

AFFIDAVIT of Joseph Ryan re 30 Response to Motion, by Diocese of Fort Wayne-South Bend Inc. (Kairis, Matthew) (Entered: 08/27/2012)

Aug. 27, 2012

Aug. 27, 2012

PACER
32

AFFIDAVIT of Debra J. Schmidt re 30 Response to Motion, by Catholic Charities of the Diocese of Fort Wayne-South Bend Inc. (Kairis, Matthew) (Entered: 08/27/2012)

Aug. 27, 2012

Aug. 27, 2012

PACER
33

AFFIDAVIT of Jason E. Wardwell re 30 Response to Motion, by Saint Anne Home & Retirement Community of the Diocese of Fort Wayne-South Bend Inc. (Kairis, Matthew) (Entered: 08/27/2012)

Aug. 27, 2012

Aug. 27, 2012

PACER
34

AFFIDAVIT of Sister Elise Kriss, O.S.F. re 30 Response to Motion, by Saint Francis University of. (Attachments: # 1 Exhibit A)(Kairis, Matthew) (Entered: 08/27/2012)

Aug. 27, 2012

Aug. 27, 2012

PACER
35

AFFIDAVIT of Sister Jane Marie Klein, O.S.F. re 30 Response to Motion, by Franciscan Alliance Inc. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Kairis, Matthew) (Entered: 08/27/2012)

Aug. 27, 2012

Aug. 27, 2012

PACER
36

AFFIDAVIT of Gregory R. Erlandson re 30 Response to Motion, by Our Sunday Visitor Inc. (Kairis, Matthew) (Entered: 08/27/2012)

Aug. 27, 2012

Aug. 27, 2012

PACER
37

MOTION For Oral Argument re 26 MOTION to Dismiss for Lack of Jurisdiction by Plaintiffs Catholic Charities of the Diocese of Fort Wayne-South Bend Inc, Diocese of Fort Wayne-South Bend Inc, Franciscan Alliance Inc, Our Sunday Visitor Inc, Saint Anne Home & Retirement Community of the Diocese of Fort Wayne-South Bend Inc, Saint Francis University of. (Kairis, Matthew) (Entered: 08/27/2012)

Aug. 27, 2012

Aug. 27, 2012

PACER
38

CERTIFICATE OF SERVICE by Catholic Charities of the Diocese of Fort Wayne-South Bend Inc, Diocese of Fort Wayne-South Bend Inc, Franciscan Alliance Inc, Our Sunday Visitor Inc, Saint Anne Home & Retirement Community of the Diocese of Fort Wayne-South Bend Inc, Saint Francis University of re 31 Affidavit, 36 Affidavit, 34 Affidavit, 32 Affidavit, 35 Affidavit, 33 Affidavit (Kairis, Matthew) (Entered: 08/27/2012)

Aug. 27, 2012

Aug. 27, 2012

PACER
39

ORDER GRANTING 29 Motion for Leave to Appear as Amici Curiae and File Amici Curiae Brief in Support of Plaintiffs. The Amici Curiae Brief that accompanied the motion shall be filed by the clerk of court. Signed by Magistrate Judge Roger B Cosbey on 9/7/2012. (kjm) (Entered: 09/07/2012)

Sept. 7, 2012

Sept. 7, 2012

PACER
40

AMICI CURIAE BRIEF In Support of Plaintiffs Filed by the American Center for Law and Justice and Seventy-Nine (79) Members of the United States Congress. (kjm) (Entered: 09/07/2012)

Sept. 7, 2012

Sept. 7, 2012

PACER
41

NOTICE of Appearance by Edward L White on behalf of American Center for Law & Justice, et al. (White, Edward) (Entered: 09/07/2012)

Sept. 7, 2012

Sept. 7, 2012

PACER
42

REPLY to Response to Motion re 26 MOTION to Dismiss for Lack of Jurisdiction filed by Timothy Geithner, Kathleen Sebelius, Hilda Solis, US Department of Health and Human Services, US Department of Labor, US Department of Treasury. (Berwick, Benjamin) (Entered: 09/24/2012)

Sept. 24, 2012

Sept. 24, 2012

PACER
43

RESPONSE to Motion re 37 MOTION For Oral Argument re 26 MOTION to Dismiss for Lack of Jurisdiction MOTION For Oral Argument re 26 MOTION to Dismiss for Lack of Jurisdiction filed by Timothy Geithner, Kathleen Sebelius, Hilda Solis, US Department of Health and Human Services, US Department of Labor, US Department of Treasury. (Berwick, Benjamin) (Entered: 09/24/2012)

Sept. 24, 2012

Sept. 24, 2012

PACER
44

MOTION to Consolidate Cases by Plaintiffs Catholic Charities of the Diocese of Fort Wayne-South Bend Inc, Diocese of Fort Wayne-South Bend Inc, Franciscan Alliance Inc, Our Sunday Visitor Inc, Saint Anne Home & Retirement Community of the Diocese of Fort Wayne-South Bend Inc, Saint Francis University of. (Attachments: # 1 Proposed Order)(Kairis, Matthew) (Entered: 10/02/2012)

Oct. 2, 2012

Oct. 2, 2012

PACER
45

MEMORANDUM in Support of 44 MOTION to Consolidate Cases filed by Catholic Charities of the Diocese of Fort Wayne-South Bend Inc, Diocese of Fort Wayne-South Bend Inc, Franciscan Alliance Inc, Our Sunday Visitor Inc, Saint Anne Home & Retirement Community of the Diocese of Fort Wayne-South Bend Inc, Saint Francis University of. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Kairis, Matthew) (Entered: 10/02/2012)

Oct. 2, 2012

Oct. 2, 2012

PACER
46

RESPONSE to Motion re 44 MOTION to Consolidate Cases filed by Timothy Geithner, Kathleen Sebelius, Hilda Solis, US Department of Health and Human Services, US Department of Labor, US Department of Treasury. (Berwick, Benjamin) (Entered: 10/10/2012)

Oct. 10, 2012

Oct. 10, 2012

PACER
47

ORDER REASSIGNING CASE. Case reassigned to Judge Jon E DeGuilio for all further proceedings. Judge William C Lee no longer assigned to case. Signed by Judge William C Lee on 10/19/2012. (lns) (Entered: 10/19/2012)

Oct. 19, 2012

Oct. 19, 2012

PACER
48

NOTICE by Timothy Geithner, Kathleen Sebelius, Hilda Solis, US Department of Health and Human Services, US Department of Labor, US Department of Treasury re 26 MOTION to Dismiss for Lack of Jurisdiction Supplemental Authority (Berwick, Benjamin) (Entered: 11/13/2012)

Nov. 13, 2012

Nov. 13, 2012

PACER
49

RESPONSE to DEFENDANTS' NOTICE OF SUPPLEMENTAL AUTHORITY by Catholic Charities of the Diocese of Fort Wayne-South Bend Inc, Diocese of Fort Wayne-South Bend Inc, Franciscan Alliance Inc, Our Sunday Visitor Inc, Saint Anne Home & Retirement Community of the Diocese of Fort Wayne-South Bend Inc, Saint Francis University of to 48 Notice (Other), Notice (Other). (Kairis, Matthew) (Entered: 11/21/2012)

Nov. 21, 2012

Nov. 21, 2012

PACER
50

NOTICE by Catholic Charities of the Diocese of Fort Wayne-South Bend Inc, Diocese of Fort Wayne-South Bend Inc, Franciscan Alliance Inc, Our Sunday Visitor Inc, Saint Anne Home & Retirement Community of the Diocese of Fort Wayne-South Bend Inc, Saint Francis University of re 26 MOTION to Dismiss for Lack of Jurisdiction SUPPLEMENTAL AUTHORITY (Kairis, Matthew) (Entered: 11/21/2012)

Nov. 21, 2012

Nov. 21, 2012

PACER
51

RESPONSE by Timothy Geithner, Kathleen Sebelius, Hilda Solis, US Department of Health and Human Services, US Department of Labor, US Department of Treasury to 50 Notice (Other), Notice (Other). (Attachments: # 1 Exhibit Catholic Diocese of Nashville v. Sebelius, # 2 Exhibit Zubik v. Sebelius)(Berwick, Benjamin) (Entered: 11/28/2012)

Nov. 28, 2012

Nov. 28, 2012

PACER
52

REPLY to Defendants' Response to Plaintiffs' Notice of Supplemental Authority by Catholic Charities of the Diocese of Fort Wayne-South Bend Inc, Diocese of Fort Wayne-South Bend Inc, Franciscan Alliance Inc, Our Sunday Visitor Inc, Saint Anne Home & Retirement Community of the Diocese of Fort Wayne-South Bend Inc, Saint Francis University of to 51 Response/Reply,. (Kairis, Matthew) (Entered: 12/06/2012)

Dec. 6, 2012

Dec. 6, 2012

PACER
53

NOTICE by Catholic Charities of the Diocese of Fort Wayne-South Bend Inc, Diocese of Fort Wayne-South Bend Inc, Franciscan Alliance Inc, Our Sunday Visitor Inc, Saint Anne Home & Retirement Community of the Diocese of Fort Wayne-South Bend Inc, Saint Francis University of re 26 MOTION to Dismiss for Lack of Jurisdiction Second Notice of Supplemental Authority (Attachments: # 1 Exhibit A)(Kairis, Matthew) (Entered: 12/07/2012)

Dec. 7, 2012

Dec. 7, 2012

PACER
54

RESPONSE by Timothy Geithner, Kathleen Sebelius, Hilda Solis, US Department of Health and Human Services, US Department of Labor, US Department of Treasury to 53 Notice (Other), Notice (Other) Supplemental Authority. (Berwick, Benjamin) (Entered: 12/11/2012)

Dec. 11, 2012

Dec. 11, 2012

PACER
55

NOTICE by Catholic Charities of the Diocese of Fort Wayne-South Bend Inc, Diocese of Fort Wayne-South Bend Inc, Franciscan Alliance Inc, Our Sunday Visitor Inc, Saint Anne Home & Retirement Community of the Diocese of Fort Wayne-South Bend Inc, Saint Francis University of of Supplemental Authority (Attachments: # 1 Exhibit A - Wheaton College v. Sebelius Order)(Kairis, Matthew) (Entered: 12/21/2012)

Dec. 21, 2012

Dec. 21, 2012

PACER
56

NOTICE by Timothy Geithner, Kathleen Sebelius, Hilda Solis, US Department of Health and Human Services, US Department of Labor, US Department of Treasury re 26 MOTION to Dismiss for Lack of Jurisdiction and Response to 55 Plaintiffs' Third Notice of Supplemental Authority (Attachments: # 1 Exhibit Catholic Diocese of Biloxi v. Sebelius)(Berwick, Benjamin) (Entered: 12/21/2012)

Dec. 21, 2012

Dec. 21, 2012

PACER
57

NOTICE by Timothy Geithner, Kathleen Sebelius, Hilda Solis, US Department of Health and Human Services, US Department of Labor, US Department of Treasury re 26 MOTION to Dismiss for Lack of Jurisdiction Supplemental Authority (Berwick, Benjamin) (Entered: 01/14/2013)

Jan. 14, 2013

Jan. 14, 2013

PACER
58

NOTICE by Catholic Charities of the Diocese of Fort Wayne-South Bend Inc, Diocese of Fort Wayne-South Bend Inc, Franciscan Alliance Inc, Our Sunday Visitor Inc, Saint Anne Home & Retirement Community of the Diocese of Fort Wayne-South Bend Inc, Saint Francis University of re 57 Notice (Other), Notice (Other) Plaintiffs' Response to Defendants' 1/14/13 Notice of Supplemental Authority (Attachments: # 1 Exhibit 1)(Kairis, Matthew) (Entered: 01/16/2013)

Jan. 16, 2013

Jan. 16, 2013

PACER
59

NOTICE by Catholic Charities of the Diocese of Fort Wayne-South Bend Inc, Diocese of Fort Wayne-South Bend Inc, Franciscan Alliance Inc, Our Sunday Visitor Inc, Saint Anne Home & Retirement Community of the Diocese of Fort Wayne-South Bend Inc, Saint Francis University of Fourth Notice of Supplemental Authority (Attachments: # 1 Exhibit Forth Worth v. Sebelius, No. 4:12cv314 (N.D. Tex. Jan. 31, 2013))(Kairis, Matthew) (Entered: 02/04/2013)

Feb. 4, 2013

Feb. 4, 2013

PACER
60

NOTICE by Timothy Geithner, Kathleen Sebelius, Hilda Solis, US Department of Health and Human Services, US Department of Labor, US Department of Treasury re 59 Notice (Other), Notice (Other), 26 MOTION to Dismiss for Lack of Jurisdiction Supplemental Authority and Response to Plaintiffs' Fourth Notice of Supplemental Authority (Attachments: # 1 Exhibit Bishop Conlon v. Sebelius)(Berwick, Benjamin) (Entered: 02/13/2013)

Feb. 13, 2013

Feb. 13, 2013

PACER
61

ORDER: Parties to file by 4/12/2013 a Joint Report as outlined in Order. This case is STAYED for a period of no more than 45 days from today's date. Such stay may be extended by order of the Court after consideration of the parties' Joint Report addressing the case stay issue. Signed by Judge Jon E DeGuilio on 3/14/13. (cer) (Entered: 03/14/2013)

March 14, 2013

March 14, 2013

PACER
62

ORDER re 44 MOTION to Consolidate Cases by Plaintiffs Catholic Charities of the Diocese of Fort Wayne-South Bend Inc, Diocese of Fort Wayne-South Bend Inc, Franciscan Alliance Inc, Our Sunday Visitor Inc, Saint Anne Home & Retirement Community of the Diocese of Fort Wayne-South Bend Inc, Saint Francis University of. The Court, in its discretion, DECLINES to consolidate the instant action with the Tonn and Blank case (Case No. 1:12-CV-325). Signed by Judge Jon E DeGuilio on 4/1/13. (cer) (Entered: 04/02/2013)

April 1, 2013

April 1, 2013

PACER
63

REPORT by Catholic Charities of the Diocese of Fort Wayne-South Bend Inc, Diocese of Fort Wayne-South Bend Inc, Franciscan Alliance Inc, Timothy Geithner, Our Sunday Visitor Inc, Saint Anne Home & Retirement Community of the Diocese of Fort Wayne-South Bend Inc, Saint Francis University of, Kathleen Sebelius, Hilda Solis, US Department of Health and Human Services, US Department of Labor, US Department of Treasury Concerning A Stay of the Case. (Attachments: # 1 Exhibit A - Comments of The Roman Catholic Diocese of Pittsburgh on the NPRM)(Kairis, Matthew) (Entered: 04/12/2013)

April 12, 2013

April 12, 2013

PACER
64

NOTICE by Timothy Geithner, Kathleen Sebelius, Hilda Solis, US Department of Health and Human Services, US Department of Labor, US Department of Treasury re 26 MOTION to Dismiss for Lack of Jurisdiction Supplemental Authority (Attachments: # 1 Exhibit Most Reverend Wenski v. Sebelius, # 2 Exhibit Criswell College v. Sebelius)(Berwick, Benjamin) (Entered: 04/19/2013)

April 19, 2013

April 19, 2013

PACER
65

ORDER re 63 REPORT Concerning a Stay of the Case by Catholic Charities of the Diocese of Fort Wayne-South Bend Inc, Diocese of Fort Wayne-South Bend Inc, Franciscan Alliance Inc, Timothy Geithner, Our Sunday Visitor Inc, Saint Anne Home & Retirement Community of the Diocese of Fort Wayne-South Bend Inc, Saint Francis University of, Kathleen Sebelius, Hilda Solis, US Department of Health and Human Services, US Department of Labor, US Department of Treasury. This case is STAYED until such time as the Defendants finalize their proposed rules or until 7/1/2013, whichever date comes first. Signed by Judge Jon E DeGuilio on 5/13/13. (cer) (Entered: 05/13/2013)

May 13, 2013

May 13, 2013

PACER
66

NOTICE by Catholic Charities of the Diocese of Fort Wayne-South Bend Inc, Diocese of Fort Wayne-South Bend Inc, Franciscan Alliance Inc, Our Sunday Visitor Inc, Saint Anne Home & Retirement Community of the Diocese of Fort Wayne-South Bend Inc, Saint Francis University of Regarding Defendants' Issuance of Final Rules (Kairis, Matthew) (Entered: 07/03/2013)

July 3, 2013

July 3, 2013

PACER
67

ORDER - Plaintiffs have up to and including Friday, 7/26/2013 to file a notice with the Court stating their intentions relative to the instant lawsuit. The stay will remain in effect until such time as the Court has had an opportunity to consider the parties' positions and issue a subsequent order lifting the stay. Signed by Judge Jon E DeGuilio on 7/11/2013. (saj) (Entered: 07/11/2013)

July 11, 2013

July 11, 2013

PACER
68

NOTICE of Change of Address by Edward L White counsel for amici curiae American Center for Law & Justice, et al. (White, Edward) (Entered: 07/11/2013)

July 11, 2013

July 11, 2013

PACER
69

NOTICE by Catholic Charities of the Diocese of Fort Wayne-South Bend Inc, Diocese of Fort Wayne-South Bend Inc, Franciscan Alliance Inc, Our Sunday Visitor Inc, Saint Anne Home & Retirement Community of the Diocese of Fort Wayne-South Bend Inc, Saint Francis University of JOINT REPORT CONCERNING CASE STATUS AND AGREED-UPON SCHEDULE (Kairis, Matthew) (Entered: 07/26/2013)

July 26, 2013

July 26, 2013

PACER
70

ORDER re 69 REPORT (Joint) Concerning Case Status and Agreed Upon Schedule filed by Catholic Charities of the Diocese of Fort Wayne-South Bend Inc, Diocese of Fort Wayne-South Bend Inc, Franciscan Alliance Inc, Our Sunday Visitor Inc, Saint Anne Home & Retirement Community of the Diocese of Fort Wayne-South Bend Inc, Saint Francis University. The Court LIFTS THE STAY AND ADOPTS the following pretrial schedule: Plaintiffs to file any Amended Complaint and any Motion for Preliminary Injunction (leave granted to file 40 page brief) by 9/6/2013; Defendants to file Response to Plaintiffs' Motion for Preliminary Injunction and Defendants to file any Answer or Motion to Dismiss and/or for Summary Judgment (leave granted to file 50 page brief) by 9/27/2013; Plaintiffs to file Preliminary Injunction Reply, Response to Defendants' Motion to Dismiss and/or for Summary Judgment, and any Cross-Motion for Summary Judgment (leave granted to file 60 page brief) by 10/11/2013; Defendants to file Motion to Dismiss and/or for Summary Judgment Reply and Response to Plaintiffs' Cross-Motion for Summary Judgment (leave granted to file 50 page brief) by 11/1/2013; Plaintiffs to file Cross-Motion for Summary Judgment Reply (leave granted to file 25 page brief) by 11/15/2013. Given the Plaintiffs' stated intention to file an Amended Complaint and the parties'agreement to allow Plaintiffs to do so, the Court DENIES WITH LEAVE TO RE-FILE 26 MOTION to Dismiss for Lack of Jurisdiction filed by Defendants and 37 MOTION For Oral Argument re 26 MOTION to Dismiss for Lack of Jurisdiction filed by Plaintiffs. Should no Amended Complaint be filed as represented, then the Court will consider whether reinstatement of those motions is appropriate.Signed by Judge Jon E DeGuilio on 7/31/13. (cer) (Entered: 07/31/2013)

July 31, 2013

July 31, 2013

PACER
71

MOTION to Withdraw as Attorney of Eric Murphy by Plaintiffs Catholic Charities of the Diocese of Fort Wayne-South Bend Inc, Diocese of Fort Wayne-South Bend Inc, Franciscan Alliance Inc, Our Sunday Visitor Inc, Saint Anne Home & Retirement Community of the Diocese of Fort Wayne-South Bend Inc, Saint Francis University of. (Murphy, Eric) (Entered: 08/30/2013)

Aug. 30, 2013

Aug. 30, 2013

PACER
72

ENTRY for Magistrate Judge Roger B. Cosbey: The 71 Motion to Withdraw as counsel for Plaintiffs filed by atty Eric E Murphy is granted. So Ordered. (mr) (Entered: 09/03/2013)

Sept. 3, 2013

Sept. 3, 2013

PACER
73

AMENDED COMPLAINT against All Defendants, filed by Our Sunday Visitor Inc, Catholic Charities of the Diocese of Fort Wayne-South Bend Inc, Franciscan Alliance Inc, Saint Francis University of, Diocese of Fort Wayne-South Bend Inc, Saint Anne Home & Retirement Community of the Diocese of Fort Wayne-South Bend Inc, Specialty Physicians of Illinois, LLC.(Kairis, Matthew) (Entered: 09/06/2013)

Sept. 6, 2013

Sept. 6, 2013

PACER
74

MOTION for Preliminary Injunction and Request for Oral Argument by Plaintiffs Catholic Charities of the Diocese of Fort Wayne-South Bend Inc, Diocese of Fort Wayne-South Bend Inc, Franciscan Alliance Inc, Our Sunday Visitor Inc, Saint Anne Home & Retirement Community of the Diocese of Fort Wayne-South Bend Inc, Saint Francis University of, Specialty Physicians of Illinois, LLC. (Kairis, Matthew) (Entered: 09/06/2013)

Sept. 6, 2013

Sept. 6, 2013

PACER
75

MEMORANDUM in Support of 74 MOTION for Preliminary Injunction and Request for Oral Argument filed by Catholic Charities of the Diocese of Fort Wayne-South Bend Inc, Diocese of Fort Wayne-South Bend Inc, Franciscan Alliance Inc, Our Sunday Visitor Inc, Saint Anne Home & Retirement Community of the Diocese of Fort Wayne-South Bend Inc, Saint Francis University of, Specialty Physicians of Illinois, LLC. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H)(Kairis, Matthew) (Entered: 09/06/2013)

Sept. 6, 2013

Sept. 6, 2013

PACER
76

AFFIDAVIT of Joseph Ryan supporting Plaintiffs' Motion for Preliminary Injunction by Diocese of Fort Wayne-South Bend Inc. (Kairis, Matthew) (Entered: 09/06/2013)

Sept. 6, 2013

Sept. 6, 2013

PACER
77

AFFIDAVIT of Lisa M. Young supporting Plaintiffs' Motion for Preliminary Injunction by Catholic Charities of the Diocese of Fort Wayne-South Bend Inc. (Kairis, Matthew) (Entered: 09/06/2013)

Sept. 6, 2013

Sept. 6, 2013

PACER
78

AFFIDAVIT of Jason Wardwell supporting Plaintiffs' Motion for Preliminary Injunction by Saint Anne Home & Retirement Community of the Diocese of Fort Wayne-South Bend Inc. (Kairis, Matthew) (Entered: 09/06/2013)

Sept. 6, 2013

Sept. 6, 2013

PACER
79

AFFIDAVIT of Sister Jane Marie Klein supporting Plaintiffs' Motion for Preliminary Injunction by Franciscan Alliance Inc. (Kairis, Matthew) (Entered: 09/06/2013)

Sept. 6, 2013

Sept. 6, 2013

PACER
80

AFFIDAVIT of Sister Jane Marie Klein supporting Plaintiffs' Motion for Preliminary Injunction by Specialty Physicians of Illinois, LLC. (Kairis, Matthew) (Entered: 09/06/2013)

Sept. 6, 2013

Sept. 6, 2013

PACER
81

AFFIDAVIT of Sister Elise Kriss supporting Plaintiffs' Motion for Preliminary Injunction by Saint Francis University of. (Kairis, Matthew) (Entered: 09/06/2013)

Sept. 6, 2013

Sept. 6, 2013

PACER
82

AFFIDAVIT of Gregory R. Erlandson supporting Plaintiffs' Motion for Preliminary Injunction by Our Sunday Visitor Inc. (Kairis, Matthew) (Entered: 09/06/2013)

Sept. 6, 2013

Sept. 6, 2013

PACER
83

NOTICE by Jacob J Lew, Kathleen Sebelius, Hilda Solis, US Department of Health and Human Services, US Department of Labor, US Department of Treasury Notice of Filing of Certified Administrative Record (Attachments: # 1 Exhibit Record Index, # 2 Exhibit Certification of Record)(Berwick, Benjamin) (Entered: 09/27/2013)

Sept. 27, 2013

Sept. 27, 2013

PACER
84

RESPONSE to Motion re 74 MOTION for Preliminary Injunction and Request for Oral Argument filed by Jacob J Lew, Kathleen Sebelius, Hilda Solis, US Department of Health and Human Services, US Department of Labor, US Department of Treasury. (Berwick, Benjamin) (Entered: 09/27/2013)

Sept. 27, 2013

Sept. 27, 2013

PACER
85

MOTION to Dismiss for Lack of Jurisdiction, MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM, or in the alternative, MOTION for Summary Judgment by Defendants Jacob J Lew, Kathleen Sebelius, Hilda Solis, US Department of Health and Human Services, US Department of Labor, US Department of Treasury. (Berwick, Benjamin) (Entered: 09/27/2013)

Sept. 27, 2013

Sept. 27, 2013

PACER
86

MEMORANDUM in Support of 85 MOTION to Dismiss for Lack of Jurisdiction MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM, or in the alternative MOTION for Summary Judgment filed by Jacob J Lew, Kathleen Sebelius, Hilda Solis, US Department of Health and Human Services, US Department of Labor, US Department of Treasury. (Attachments: # 1 Statement of Material Facts)(Berwick, Benjamin) (Entered: 09/27/2013)

Sept. 27, 2013

Sept. 27, 2013

PACER
87

MOTION for Leave to File Amicus Curiae Brief by Amicus American Civil Liberties Union. (Attachments: # 1 Exhibit Proposed Amicus Brief)(Lee, Jennifer) (Entered: 10/01/2013)

Oct. 1, 2013

Oct. 1, 2013

PACER
88

ORDER GRANTING 87 MOTION for Leave to File Amicus Curiae Brief by Amicus American Civil Liberties Union. Clerk DIRECTED to file the "Brief of Amicus Curiae American Civil Liberties Union in Opposition to Plaintiff's Motion for Preliminary Injunction and in Support of Defendants' Motion to Dismiss or, in the Alternative, for Summary Judgment" attached to the 87 Motion. Signed by Magistrate Judge Roger B Cosbey on 10/2/13. (cer). Modified on 10/2/2013. (cer). (Entered: 10/02/2013)

Oct. 2, 2013

Oct. 2, 2013

PACER
89

BRIEF of Amicus Curiae American Civil Liberties Union in Opposition to 74 MOTION for Preliminary Injunction and Request for Oral Argument and in Support of 85 MOTION to Dismiss for Failure to State a Claim, or in the Alternative, Motion for Summary Judgment . (cer) (Entered: 10/02/2013)

Oct. 2, 2013

Oct. 2, 2013

PACER
90

APPLICATION for Attorney Brigitte Amiri to Appear Pro Hac Vice on behalf of Amicus Curiae American Civil Liberties Union; Receipt #INN1003855. (cer) (Entered: 10/08/2013)

Oct. 8, 2013

Oct. 8, 2013

PACER
91

APPLICATION for Attorney Daniel Mach to Appear Pro Hac Vice on behalf of Amicus Curiae American Civil Liberties Union; Receipt #INN1003855. (cer) (Entered: 10/08/2013)

Oct. 8, 2013

Oct. 8, 2013

PACER
92

ORDER GRANTING 90 APPLICATION to Appear Pro Hac Vice of Attorney Brigitte A Amiri PHV for Amicus Curiae American Civil Liberties Union. Signed by Magistrate Judge Roger B Cosbey on 10/9/13. (cer) (Entered: 10/09/2013)

Oct. 9, 2013

Oct. 9, 2013

PACER
93

ORDER GRANTING 91 APPLICATION to Appear Pro Hac Vice of Attorney Daniel Mach PHV for Amicus Curiae American Civil Liberties Union. Signed by Magistrate Judge Roger B Cosbey on 10/9/13. (cer) (Entered: 10/09/2013)

Oct. 9, 2013

Oct. 9, 2013

PACER
94

STATEMENT Plaintiffs Response to Defendants Statement of Material Facts in Support of Defendants Motion for Summary Judgment re 86 Memorandum in Support, filed by Catholic Charities of the Diocese of Fort Wayne-South Bend Inc, Diocese of Fort Wayne-South Bend Inc, Franciscan Alliance Inc, Our Sunday Visitor Inc, Saint Anne Home & Retirement Community of the Diocese of Fort Wayne-South Bend Inc, Saint Francis University of, Specialty Physicians of Illinois, LLC. (Kairis, Matthew) (Entered: 10/11/2013)

Oct. 11, 2013

Oct. 11, 2013

PACER
95

MOTION for Summary Judgment by Plaintiffs Catholic Charities of the Diocese of Fort Wayne-South Bend Inc, Diocese of Fort Wayne-South Bend Inc, Franciscan Alliance Inc, Our Sunday Visitor Inc, Saint Anne Home & Retirement Community of the Diocese of Fort Wayne-South Bend Inc, Saint Francis University of, Specialty Physicians of Illinois, LLC. (Kairis, Matthew) (Entered: 10/11/2013)

Oct. 11, 2013

Oct. 11, 2013

PACER
96

STATEMENT of Material Facts Pursuant to Rule 56-1 re 95 MOTION for Summary Judgment filed by Catholic Charities of the Diocese of Fort Wayne-South Bend Inc, Diocese of Fort Wayne-South Bend Inc, Franciscan Alliance Inc, Our Sunday Visitor Inc, Saint Anne Home & Retirement Community of the Diocese of Fort Wayne-South Bend Inc, Saint Francis University of, Specialty Physicians of Illinois, LLC. (Kairis, Matthew) (Entered: 10/11/2013)

Oct. 11, 2013

Oct. 11, 2013

PACER
97

MEMORANDUM in Support of 95 MOTION for Summary Judgment and Reply in Support of Plaintiffs' Motion for Preliminary Injunction, and Opposition to Defendants' Motion to Dismiss, or, in the Alternative, For Summary Judgment filed by Catholic Charities of the Diocese of Fort Wayne-South Bend Inc, Diocese of Fort Wayne-South Bend Inc, Franciscan Alliance Inc, Our Sunday Visitor Inc, Saint Anne Home & Retirement Community of the Diocese of Fort Wayne-South Bend Inc, Saint Francis University of, Specialty Physicians of Illinois, LLC. (Kairis, Matthew) (Entered: 10/11/2013)

Oct. 11, 2013

Oct. 11, 2013

PACER
98

APPENDIX to 74 MOTION for Preliminary Injunction and Request for Oral Argument, 95 MOTION for Summary Judgment, 85 MOTION to Dismiss for Lack of Jurisdiction MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM, or in the alternative MOTION for Summary Judgment by Catholic Charities of the Diocese of Fort Wayne-South Bend Inc, Diocese of Fort Wayne-South Bend Inc, Franciscan Alliance Inc, Our Sunday Visitor Inc, Saint Anne Home & Retirement Community of the Diocese of Fort Wayne-South Bend Inc, Saint Francis University of, Specialty Physicians of Illinois, LLC. (Attachments: # 1 Appendix Plaintiffs Appendix - Part 1 of 3, # 2 Appendix Plaintiffs Appendix - Part 2 of 3, # 3 Appendix Plaintiffs Appendix - Part 3 of 3)(Kairis, Matthew) (Entered: 10/11/2013)

Oct. 11, 2013

Oct. 11, 2013

PACER
99

RESPONSE to Motion re 95 MOTION for Summary Judgment filed by Jacob J Lew, Kathleen Sebelius, Hilda Solis, US Department of Health and Human Services, US Department of Labor, US Department of Treasury. (Attachments: # 1 Response to Plaintiffs' Statement of Material Facts)(Berwick, Benjamin) (Entered: 11/01/2013)

Nov. 1, 2013

Nov. 1, 2013

PACER
100

REPLY to Response to Motion re 85 MOTION to Dismiss for Lack of Jurisdiction MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM, or in the alternative MOTION for Summary Judgment filed by Jacob J Lew, Kathleen Sebelius, Hilda Solis, US Department of Health and Human Services, US Department of Labor, US Department of Treasury. (Berwick, Benjamin) (Entered: 11/01/2013)

Nov. 1, 2013

Nov. 1, 2013

PACER

Case Details

State / Territory: Indiana

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: Oct. 24, 2017

Case Ongoing: No

Plaintiffs

Plaintiff Description:

The Roman Catholic Diocese of Fort-Wayne South Bend and other Catholic organizations.

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 (Washington DC), Federal

U.S. Department of Treasury (Washington DC), Federal

U.S. Department of Labor (Washington), 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.

Declaratory Judgment Act, 28 U.S.C. § 2201

Constitutional Clause(s):

Establishment Clause

Free Exercise Clause

Freedom of speech/association

Availably Documents:

Trial Court Docket

Complaint (any)

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Preliminary injunction / Temp. restraining order

Source of Relief:

Settlement

Form of Settlement:

Voluntary Dismissal

Order Duration: 2013 - None

Content of Injunction:

Preliminary relief granted

Issues

General:

Abortion

Contraception

Religious programs / policies

Discrimination-basis:

Religion discrimination