Case: Catholic Diocese of Biloxi, Inc. v. Sebelius

1:12-cv-00158 | U.S. District Court for the Southern District of Mississippi

Filed Date: May 21, 2012

Closed Date: Oct. 23, 2017

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Case Summary

This is one of twelve cases filed on May 21, 2012 in federal district courts across the country by Catholic organizations challenging the contraception mandate provision of the Affordable Care Act (ACA).Plaintiffs, a non-profit corporation of Catholic parishes, schools, and charities, filed a lawsuit in the U.S. District Court for the Southern District of Mississippi against the Federal Government under the First Amendment, the Religious Freedom Restoration Act (RFRA), and the Administrative Pr…

Plaintiffs, a non-profit corporation of Catholic parishes, schools, and charities, filed a lawsuit in the U.S. District Court for the Southern District of Mississippi against the Federal Government under the First Amendment, the Religious Freedom Restoration Act (RFRA), and the Administrative Procedures Act (APA). Plaintiffs, represented by private counsel, asked the court to issue a permanent injunction prohibiting enforcement of provisions of the ACA extending universal contraception coverage to employer-sponsored private health insurance coverage. Specifically, plaintiffs claim that providing, paying for, or facilitating access to such services is inconsistent with its religious beliefs and contend that compliance with the contraception requirement is a substantial burden on their religious exercise.

On December 20, 2012, the court (Judge Halil Suleyman Ozerden) granted the Federal Government's motion to dismiss for lack of ripeness. The court noted that because the contraception mandate was in the process of being amended, as noted by the Advanced Notice of Proposed Rule Making (ANPRM), in its present form the mandate represent only a tentative agency position and was therefore not ripe for review. Plaintiffs' case was dismissed without prejudice. 2012 WL 6831407.

On January 8, 2013, plaintiffs moved to alter the courts' judgment pursuant to Federal Rule of Civil Procedure 59(e) on the basis that failure to do so would result in manifest injustice. They asked the court to hold the case in abeyance pending the ANPRM amendments or require the Federal Government to file regular status reports on the progress of these amendments. On February 15, 2013, the court (Judge Halil Suleyman Ozerden) denied plaintiff's motion, noting that plaintiffs had not requested these alternatives before final judgment and holding that dismissal without prejudice did not create a manifest injustice on them. 2013 WL 690990.

The plaintiffs renewed their case on May 27, 2014 in the U.S. District Court for the Southern District of Mississippi. Docket No. 1:14-cv-00146-LG-JCG. The complaint challenged the ACA as finalized. Plaintiffs alleged that, although under the amended ACA the Diocese itself likely fell within the "religious employer" exception, affiliated Catholic entities were only considered "eligible organizations" qualifying for an accommodation. This accommodation would require plaintiffs to provide self-certification to their insurance provider setting forth their religious objections to the ACA, in turn triggering an obligation on the part of the insurance provider to procure the services plaintiffs find objectionable. According to the plaintiffs, this series of events made them the but-for cause of providing contraception coverage in violation of their sincerely held beliefs. Plaintiffs continued to ask the court to grant a permanent injunction against enforcement of the relevant provisions of the ACA.

On November 7, 2014, the parties moved to stay proceedings in this case pending the Fifth Circuit's decision in consolidated appeals--East Texas Baptist University v. Burwell, No. 14-20112, University of Dallas v. Burwell, No. 14-10241, Catholic Diocese of Beaumont v. Burwell, No. 14-40212, and Catholic Charities, Diocese of Fort Worth v. Burwell, No. 14-10661--raising substantially similar legal issues to those in this case. The court granted the motion to stay on November 24, 2014. On June 22, 2015, the Fifth Circuit (Judges Jerry E. Smith, Thomas M. Reavley, and James E. Graves) held that the ACA provisions challenged in the consolidated appeals did not violate the plaintiffs' rights under RFRA. 793 F. 3d 449.

On November 6, 2015, the Supreme Court granted certiorari for the Fifth Circuit consolidated appeals, consolidating the case with similar cases dealing with the issue in other circuit courts. Together, the cases are known as Zubik v. Burwell [II].

This case was argued in the Supreme Court on March 23, 2016. On March 29, 2016, in an unusual move, the Court 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. On May 16, 2016, the Court issued a per curiam order remanding all seven 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. The Court took no position on the merits of the case.

The parties requested another stay pending the proceedings in the Fifth Circuit on the remand of the consolidated appeals, and on March 8, 2017, the court administratively closed the case pending disposition of the Fifth Circuit proceedings.

Following a change in administration, and an executive order directing a change in regulations to allow for conscience-based exceptions to the ACA's contraceptive-care mandate, and the parties in this case filed a joint stipulation of dismissal on October 23, 2017.

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Summary Authors

Denise Heberle (5/22/2012)

Richard Jolly (11/7/2014)

Sarah McDonald (8/12/2018)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/12895371/parties/the-catholic-diocese-of-biloxi-inc-v-sebelius/

Judge(s)

Attorney for Plaintiff

Burnette, Jason T. (Georgia)

Carmody, Stephen J. (Mississippi)

Attorney for Defendant

Bennett, Michelle Renee (District of Columbia)

Gov, Jacek Pruski-Federal (Mississippi)

Gov, Stephen R. (Mississippi)

Expert/Monitor/Master/Other

Judge(s)

Guirola, Louis Jr. (Mississippi)

Ozerden, Halil Suleyman (Mississippi)

Walker, Robert H. (Mississippi)

Attorney for Plaintiff

Burnette, Jason T. (Georgia)

Carmody, Stephen J. (Mississippi)

Lea, Brian C. (Georgia)

Metcalf, Janine Cone (Georgia)

Monde, David M. (Georgia)

Necaise, Kevin J. (Mississippi)

PHV, Rebecca M. (Mississippi)

PHV, E. Kendrick (Mississippi)

PHV, James R. (Mississippi)

PHV, Janine Cone (Mississippi)

PHV, David M. (Mississippi)

PHV, Jason T. (Mississippi)

PHV, Brian C. (Mississippi)

Smith, E. Kendrick (Georgia)

Thornhill, Rebecca M. (Georgia)

Williams, James R. (Georgia)

Attorney for Defendant

Bennett, Michelle Renee (District of Columbia)

Gov, Jacek Pruski-Federal (Mississippi)

Gov, Stephen R. (Mississippi)

Gov, Michelle Renee (Mississippi)

Gov, Adam Grogg-Federal (Mississippi)

Graben, Stephen R. (Mississippi)

Grogg, Adam Anderson (District of Columbia)

Pruski, Jacek (District of Columbia)

Expert/Monitor/Master/Other

Lamar, John Thomas Jr (Mississippi)

PHV, Edward L. (Mississippi)

White, Edward L. III (Michigan)

Attorney Contact Information via CourtListener

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Documents in the Clearinghouse

	Document
1:12-cv-00158	Docket [PACER]	Feb. 15, 2013	Feb. 15, 2013 Docket
1:14-cv-00146	Docket [PACER]	Oct. 23, 2017	Oct. 23, 2017 Docket
1 1:12-cv-00158	Complaint	May 21, 2012	May 21, 2012 Complaint
62 1:12-cv-00158	Memorandum Opinion and Order Denying Plaintiffs' Motion for Oral Argument [28], Granting Defendants' to Dismiss [15], and Dismissing Case without Prejudice	Dec. 20, 2012	Dec. 20, 2012 Order/Opinion 2012 WL 6831407
63 1:12-cv-00158	Final Judgment	Dec. 20, 2012	Dec. 20, 2012 Order/Opinion 2012 WL 6831407
74 1:12-cv-00158	Order Denying Plaintiffs' Motion to Alter or Amend the Judgment	Feb. 15, 2013	Feb. 15, 2013 Order/Opinion 2013 WL 690990
1 1:14-cv-00146	Complaint [Renewed] Roman Catholic Diocese of Biloxi, Inc. v. Sebelius	March 27, 2014	March 27, 2014 Complaint

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/12895371/the-catholic-diocese-of-biloxi-inc-v-sebelius/

Last updated April 7, 2025, 12:05 p.m.

ECF Number	Description	Date	Link Date / Link
1	COMPLAINT against Timothy Geithner, Kathleen Sebelius, Hilda Solis, U.S. Department of Health and Human Services, U.S. Department of Labor, U.S. Department of Treasury ( Filing fee $350.00, receipt number 14643003390) filed by St. Joseph Catholic School, De L'Epee Deaf Center, Inc., Catholic Charities, Inc., Catholic Social and Community Services, Inc., St. Dominic-Jackson Memorial Hospital, The Catholic Diocese of Biloxi, Inc., The Catholic Diocese of Jackson, Vicksburg Catholic School, Inc.. (Attachments: # 1 Civil Cover Sheet)(PKS) (Entered: 05/21/2012)	May 21, 2012	May 21, 2012 PACER
2	Summons Issued as to Timothy Geithner, Kathleen Sebelius, Hilda Solis, U.S. Department of Health and Human Services, U.S. Department of Labor, U.S. Department of Treasury. (PKS) (Entered: 05/21/2012)	May 21, 2012	May 21, 2012 PACER
3	MOTION for E. Kendrick Smith to Appear Pro Hac Vice by Catholic Charities, Inc., Catholic Social and Community Services, Inc., De L'Epee Deaf Center, Inc., St. Dominic-Jackson Memorial Hospital, St. Joseph Catholic School, The Catholic Diocese of Biloxi, Inc., The Catholic Diocese of Jackson, Vicksburg Catholic School, Inc. (Attachments: # 1 Exhibit 1 - Certificate of Good Standing)(Carmody, Stephen) (Entered: 05/21/2012)	May 21, 2012	May 21, 2012 PACER
4	MOTION for David M. Monde to Appear Pro Hac Vice by Catholic Charities, Inc., Catholic Social and Community Services, Inc., De L'Epee Deaf Center, Inc., St. Dominic-Jackson Memorial Hospital, St. Joseph Catholic School, The Catholic Diocese of Biloxi, Inc., The Catholic Diocese of Jackson, Vicksburg Catholic School, Inc. (Attachments: # 1 Exhibit 1 - Certificate of Good Standing)(Carmody, Stephen) (Entered: 05/21/2012)	May 21, 2012	May 21, 2012 PACER
5	MOTION for Janine Cone Metcalf to Appear Pro Hac Vice by Catholic Charities, Inc., Catholic Social and Community Services, Inc., De L'Epee Deaf Center, Inc., St. Dominic-Jackson Memorial Hospital, St. Joseph Catholic School, The Catholic Diocese of Biloxi, Inc., The Catholic Diocese of Jackson, Vicksburg Catholic School, Inc. (Attachments: # 1 Exhibit 1 - Court Admissions, # 2 Exhibit 2 - Georgia Certificate of Good Standing, # 3 Exhibit 3 - New York Certificate of Good Standing)(Carmody, Stephen) (Entered: 05/21/2012)	May 21, 2012	May 21, 2012 PACER
6	MOTION for Jason T. Burnette to Appear Pro Hac Vice by Catholic Charities, Inc., Catholic Social and Community Services, Inc., De L'Epee Deaf Center, Inc., St. Dominic-Jackson Memorial Hospital, St. Joseph Catholic School, The Catholic Diocese of Biloxi, Inc., The Catholic Diocese of Jackson, Vicksburg Catholic School, Inc. (Attachments: # 1 Exhibit 1 - Certificate of Good Standing)(Carmody, Stephen) (Entered: 05/21/2012)	May 21, 2012	May 21, 2012 PACER
7	MOTION for Rebecca M. Thornhill to Appear Pro Hac Vice by Catholic Charities, Inc., Catholic Social and Community Services, Inc., De L'Epee Deaf Center, Inc., St. Dominic-Jackson Memorial Hospital, St. Joseph Catholic School, The Catholic Diocese of Biloxi, Inc., The Catholic Diocese of Jackson, Vicksburg Catholic School, Inc. (Attachments: # 1 Exhibit 1 - Certificate of Good Standing)(Carmody, Stephen) (Entered: 05/21/2012)	May 21, 2012	May 21, 2012 PACER
8	Corporate Disclosure Statement by Catholic Charities, Inc., Catholic Social and Community Services, Inc., De L'Epee Deaf Center, Inc., St. Dominic-Jackson Memorial Hospital, St. Joseph Catholic School, The Catholic Diocese of Biloxi, Inc., The Catholic Diocese of Jackson, Vicksburg Catholic School, Inc. identifying Corporate Parent St. Dominic Health Services, Inc. for St. Dominic-Jackson Memorial Hospital. (Carmody, Stephen) (Entered: 05/21/2012)	May 21, 2012	May 21, 2012 PACER
	DOCKET ANNOTATION as to #3-#8: Attorney is advised to use the correct judge assignment of HSO-RHW on future filed pleadings. (PKS)	May 22, 2012	May 22, 2012 PACER
9	ORDER granting 3 Motion to Appear Pro Hac Vice; granting 4 Motion to Appear Pro Hac Vice; granting 5 Motion to Appear Pro Hac Vice; granting 6 Motion to Appear Pro Hac Vice; granting 7 Motion to Appear Pro Hac Vice. E. Kendrick Smith, David M. Monde, Janine Cone Metcalf, Jason T. Burnette and Rebecca M. Thornhill shall be admitted pro hac vice to serve as co-counsel for the Plaintiffs. Signed by Magistrate Judge Robert H. Walker on May 22, 2012. (Joffe, Scherry) (Entered: 05/22/2012)	May 22, 2012	May 22, 2012 PACER
	Pro Hac Vice fee paid by (E. Kendrick Smith, David M. Monde, Janine Cone Metcalf, Jason T. Burnette, and Rebecca M. Thornhill) $500.00, receipt number 14643003396. (PKS)	May 22, 2012	May 22, 2012 PACER
10	NOTICE of Appearance by Jacek Pruski on behalf of All Defendants (Pruski, Jacek) (Entered: 07/11/2012)	July 11, 2012	July 11, 2012 PACER
11	Joint MOTION for Extension of Time to File Answer re 1 Complaint,, by Catholic Charities, Inc., St. Dominic-Jackson Memorial Hospital, St. Joseph Catholic School, The Catholic Diocese of Jackson, Vicksburg Catholic School, Inc., Timothy Geithner, Kathleen Sebelius, Hilda Solis, U.S. Department of Health and Human Services, U.S. Department of Labor, U.S. Department of Treasury. (Carmody, Stephen) (Entered: 07/11/2012)	July 11, 2012	July 11, 2012 PACER
12	NOTICE of Endorsement 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 11 Joint MOTION for Extension of Time to File Answer re 1 Complaint,, (Pruski, Jacek) (Entered: 07/11/2012)	July 11, 2012	July 11, 2012 PACER
13	NOTICE of Appearance by Stephen R. Graben on behalf of All Defendants (Graben, Stephen) (Entered: 07/11/2012)	July 11, 2012	July 11, 2012 PACER
14	ORDER granting 11 agreed Motion for Extension of Time to Answer. Defendants are granted until 8/6/2012 to file a motion to dismiss the complaint; Plaintiffs are granted until 8/27/2012 to file a response to Defendants' motion to dismiss; Defendants are granted 28 days from the filing of Plaintiffs' response to the motion to file their reply. Signed by Magistrate Judge Robert H. Walker on July 12, 2012. (Joffe, Scherry) (Entered: 07/12/2012)	July 12, 2012	July 12, 2012 PACER
15	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 (Pruski, Jacek) (Entered: 08/06/2012)	Aug. 6, 2012	Aug. 6, 2012 PACER
16	MEMORANDUM in Support re 15 MOTION to Dismiss for Lack of Jurisdiction filed by Timothy Geithner, Kathleen Sebelius, Hilda Solis, U.S. Department of Health and Human Services, U.S. Department of Labor, U.S. Department of Treasury (Pruski, Jacek) (Entered: 08/06/2012)	Aug. 6, 2012	Aug. 6, 2012 PACER
17	Amicus Curiae APPEARANCE entered by John Thomas Lamar, III on behalf of American Center for Law and Justice, et al. (Attachments: # 1 Exhibit)(Lamar, John) (Entered: 08/22/2012)	Aug. 22, 2012	Aug. 22, 2012 PACER
18	Corporate Disclosure Statement by American Center for Law and Justice, et al. (Lamar, John) (Entered: 08/22/2012)	Aug. 22, 2012	Aug. 22, 2012 PACER
19	MOTION for Leave to File Amici Curiae Brief by American Center for Law and Justice, et al. (Attachments: # 1 Exhibit)(Lamar, John) (Entered: 08/22/2012)	Aug. 22, 2012	Aug. 22, 2012 PACER
	DOCKET ANNOTATION as to #17: Attorney is to refile document as a motion to appear pro hac vice and exhibits are to be labeled on the document with a meaningful description in the docket entry text. (PKS)	Aug. 22, 2012	Aug. 22, 2012 PACER
20	MOTION for Edward L. White III to Appear Pro Hac Vice by American Center for Law and Justice, et al. (Attachments: # 1 Exhibit A - Certificate of Good Standing)(Lamar, John) (Entered: 08/22/2012)	Aug. 22, 2012	Aug. 22, 2012 PACER
21	ORDER granting 20 Motion to Appear Pro Hac Vice. Edward L. White, III shall be admitted pro hac vice to serve as co-counsel for the amicus American Center for Law and Justice, et al. Signed by Magistrate Judge Robert H. Walker on August 22, 2012. (Joffe, Scherry) (Entered: 08/22/2012)	Aug. 22, 2012	Aug. 22, 2012 PACER
	Pro Hac Vice fee paid for Edward L. White, III receipt number 0538-2221503 $ 100 (Lamar, John)	Aug. 22, 2012	Aug. 22, 2012 PACER
	DOCKET ANNOTATION as to #19: L.U.Civ.R. 7(b)(2) requires that all supporting exhibits to a document be denominated by an exhibit letter or number on the document itself and in the docket text. A meaningful description of the exhibit is also required in the docket text. Attorney is advised to follow this rule in future filings. (PKS)	Aug. 23, 2012	Aug. 23, 2012 PACER
22	Response in Opposition re 15 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 (Pruski, Jacek) filed by Catholic Charities, Inc., Catholic Social and Community Services, Inc., De L'Epee Deaf Center, Inc., St. Dominic-Jackson Memorial Hospital, St. Joseph Catholic School, The Catholic Diocese of Biloxi, Inc., The Catholic Diocese of Jackson, Vicksburg Catholic School, Inc. (Carmody, Stephen) (Entered: 08/27/2012)	Aug. 27, 2012	Aug. 27, 2012 PACER
23	MEMORANDUM IN SUPPORT re 22 Response in Opposition,, filed by Catholic Charities, Inc., Catholic Social and Community Services, Inc., De L'Epee Deaf Center, Inc., St. Dominic-Jackson Memorial Hospital, St. Joseph Catholic School, The Catholic Diocese of Biloxi, Inc., The Catholic Diocese of Jackson, Vicksburg Catholic School, Inc. (Attachments: # 1 Exhibit 1 - Declaration of Deidra Bell, # 2 Exhibit 2 - Declaration of T. Dominick Fullam, # 3 Exhibit 3 - Declaration of Elvin Sunds)(Carmody, Stephen) (Entered: 08/27/2012)	Aug. 27, 2012	Aug. 27, 2012 PACER
24	NOTICE Of Endorsement by The Catholic Diocese of Biloxi, Inc. (Necaise, Kevin) (Entered: 08/31/2012)	Aug. 31, 2012	Aug. 31, 2012 PACER
25	NOTICE of Endorsement by The Catholic Diocese of Biloxi, Inc. (Necaise, Kevin) (Entered: 08/31/2012)	Aug. 31, 2012	Aug. 31, 2012 PACER
26	Unopposed 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 (Pruski, Jacek) (Entered: 09/19/2012)	Sept. 19, 2012	Sept. 19, 2012 PACER
	TEXT ONLY ORDER granting as unopposed Defendants' 26 Motion to File Excess Pages in support of their pending 15 Motion to Dismiss. Defendants may file a Rebuttal memorandum, which together with their original 16 memorandum, will not exceed a total of forty pages, which is five pages in excess of the page limit imposed by L.U. Civ. R. 7(b)(5). NO FURTHER WRITTEN ORDER WILL ISSUE FROM THE COURT REGARDING THIS MOTION. Signed by District Judge Halil S. Ozerden on 9/20/2012. (ENW)	Sept. 20, 2012	Sept. 20, 2012 PACER
27	REPLY to Response to Motion re 15 MOTION to Dismiss for Lack of Jurisdiction, 22 Response in Opposition,, filed by Timothy Geithner, Kathleen Sebelius, Hilda Solis, U.S. Department of Health and Human Services, U.S. Department of Labor, U.S. Department of Treasury (Pruski, Jacek) (Entered: 09/24/2012)	Sept. 24, 2012	Sept. 24, 2012 PACER
28	MOTION for Oral Argument re 15 MOTION to Dismiss for Lack of Jurisdiction by Catholic Charities, Inc., Catholic Social and Community Services, Inc., De L'Epee Deaf Center, Inc., St. Dominic-Jackson Memorial Hospital, St. Joseph Catholic School, The Catholic Diocese of Biloxi, Inc., The Catholic Diocese of Jackson, Vicksburg Catholic School, Inc. (Carmody, Stephen) (Entered: 10/11/2012)	Oct. 11, 2012	Oct. 11, 2012 PACER
29	MEMORANDUM in Support re 28 MOTION for Oral Argument re 15 MOTION to Dismiss for Lack of Jurisdiction MOTION for Oral Argument re 15 MOTION to Dismiss for Lack of Jurisdiction filed by Catholic Charities, Inc., Catholic Social and Community Services, Inc., De L'Epee Deaf Center, Inc., St. Dominic-Jackson Memorial Hospital, St. Joseph Catholic School, The Catholic Diocese of Biloxi, Inc., The Catholic Diocese of Jackson, Vicksburg Catholic School, Inc. (Carmody, Stephen) (Entered: 10/11/2012)	Oct. 11, 2012	Oct. 11, 2012 PACER
30	NOTICE OF ENDORSEMENT by The Catholic Diocese of Biloxi, Inc. (Necaise, Kevin) (Entered: 10/12/2012)	Oct. 12, 2012	Oct. 12, 2012 PACER
31	NOTICE OF ENDORSEMENT by The Catholic Diocese of Biloxi, Inc. (Necaise, Kevin) (Entered: 10/12/2012)	Oct. 12, 2012	Oct. 12, 2012 PACER
	DOCKET ANNOTATION as to #24, #25, #30 and #31: This document is not signed in compliance with the court's Administrative Procedures for Electronic Case Filing (Sec. 3.D.) and Fed.R.Civ.P. Rule 11(a). Attorney is directed to include an electronic signature on the Notice of Endorsement document. (PKS)	Oct. 15, 2012	Oct. 15, 2012 PACER
32	AFFIDAVIT of Service for Summons and Complaint served on Department of Health and Human Services on 5/21/2012, filed by The Catholic Diocese of Biloxi, Inc.. (Burnette - PHV, Jason) (Entered: 10/15/2012)	Oct. 15, 2012	Oct. 15, 2012 PACER
33	AFFIDAVIT of Service for Summons and Complaint served on Kathleen Sebelius on 5/21/2012, filed by The Catholic Diocese of Biloxi, Inc.. (Burnette - PHV, Jason) (Entered: 10/15/2012)	Oct. 15, 2012	Oct. 15, 2012 PACER
34	AFFIDAVIT of Service for Summons and Complaint served on U.S.Department of Treasury on 5/21/2012, filed by The Catholic Diocese of Biloxi, Inc.. (Burnette - PHV, Jason) (Entered: 10/15/2012)	Oct. 15, 2012	Oct. 15, 2012 PACER
35	AFFIDAVIT of Service for Summons and Complaint served on Timothy Geithner on 5/21/2012, filed by The Catholic Diocese of Biloxi, Inc.. (Burnette - PHV, Jason) (Entered: 10/15/2012)	Oct. 15, 2012	Oct. 15, 2012 PACER
36	AFFIDAVIT of Service for Summons and Complaint served on U.S. Department of Labor on 5/21/2012, filed by The Catholic Diocese of Biloxi, Inc.. (Burnette - PHV, Jason) (Entered: 10/15/2012)	Oct. 15, 2012	Oct. 15, 2012 PACER
37	AFFIDAVIT of Service for Summons and Complaint served on Hilda Solis on 5/21/2012, filed by The Catholic Diocese of Biloxi, Inc.. (Burnette - PHV, Jason) (Entered: 10/15/2012)	Oct. 15, 2012	Oct. 15, 2012 PACER
38	AFFIDAVIT of Service for Summons and Complaint served on United States Attorney General on 5/21/2012, filed by The Catholic Diocese of Biloxi, Inc.. (Burnette - PHV, Jason) (Entered: 10/15/2012)	Oct. 15, 2012	Oct. 15, 2012 PACER
39	AFFIDAVIT of Service for Summons and Complaint served on United States Attorney on 5/21/2012, filed by The Catholic Diocese of Biloxi, Inc.. (Burnette - PHV, Jason) (Entered: 10/15/2012)	Oct. 15, 2012	Oct. 15, 2012 PACER
	DOCKET ANNOTATION as to #32-#39: A return on summons should not be filed without the first page, as issued, preceding the return. Attorney is directed to refile these documents with the first page of the summons included. The correct event the attorney should choose is found under "Service of Process - Summons Returned Executed". (PKS)	Oct. 16, 2012	Oct. 16, 2012 PACER
40	SUMMONS Returned Executed by The Catholic Diocese of Biloxi, Inc.. All Defendants. (Burnette - PHV, Jason) (Entered: 10/16/2012)	Oct. 16, 2012	Oct. 16, 2012 PACER
41	SUMMONS Returned Executed by The Catholic Diocese of Biloxi, Inc.. (Burnette - PHV, Jason) (Entered: 10/16/2012)	Oct. 16, 2012	Oct. 16, 2012 PACER
42	SUMMONS Returned Executed by The Catholic Diocese of Biloxi, Inc.. (Burnette - PHV, Jason) (Entered: 10/16/2012)	Oct. 16, 2012	Oct. 16, 2012 PACER
43	SUMMONS Returned Executed by The Catholic Diocese of Biloxi, Inc.. All Defendants. (Burnette - PHV, Jason) (Entered: 10/16/2012)	Oct. 16, 2012	Oct. 16, 2012 PACER
44	SUMMONS Returned Executed by The Catholic Diocese of Biloxi, Inc.. (Burnette - PHV, Jason) (Entered: 10/16/2012)	Oct. 16, 2012	Oct. 16, 2012 PACER
45	SUMMONS Returned Executed by The Catholic Diocese of Biloxi, Inc.. (Burnette - PHV, Jason) (Entered: 10/16/2012)	Oct. 16, 2012	Oct. 16, 2012 PACER
46	SUMMONS Returned Executed by The Catholic Diocese of Biloxi, Inc.. (Burnette - PHV, Jason) (Entered: 10/16/2012)	Oct. 16, 2012	Oct. 16, 2012 PACER
47	SUMMONS Returned Executed by The Catholic Diocese of Biloxi, Inc.. (Burnette - PHV, Jason) (Entered: 10/16/2012)	Oct. 16, 2012	Oct. 16, 2012 PACER
48	NOTICE OF ENDORSEMENT by The Catholic Diocese of Biloxi, Inc. (Necaise, Kevin) (Entered: 10/16/2012)	Oct. 16, 2012	Oct. 16, 2012 PACER
49	NOTICE OF ENDORSEMENT by The Catholic Diocese of Biloxi, Inc. (Necaise, Kevin) (Entered: 10/16/2012)	Oct. 16, 2012	Oct. 16, 2012 PACER
50	NOTICE OF ENDORSEMENT by The Catholic Diocese of Biloxi, Inc. (Necaise, Kevin) (Entered: 10/16/2012)	Oct. 16, 2012	Oct. 16, 2012 PACER
51	NOTICE OF ENDORSEMENT by The Catholic Diocese of Biloxi, Inc. (Necaise, Kevin) (Entered: 10/16/2012)	Oct. 16, 2012	Oct. 16, 2012 PACER
52	NOTICE of Supplemental Authority by Timothy Geithner, Kathleen Sebelius, Hilda Solis, U.S. Department of Health and Human Services, U.S. Department of Labor, U.S. Department of Treasury re 15 MOTION to Dismiss for Lack of Jurisdiction (Pruski, Jacek) (Entered: 11/13/2012)	Nov. 13, 2012	Nov. 13, 2012 PACER
53	Response in Opposition re 52 NOTICE of Supplemental Authority by Timothy Geithner, Kathleen Sebelius, Hilda Solis, U.S. Department of Health and Human Services, U.S. Department of Labor, U.S. Department of Treasury (Carmody, Stephen) Modified on 11/20/2012 to correct text (PKS). (Entered: 11/19/2012)	Nov. 19, 2012	Nov. 19, 2012 PACER
54	NOTICE of Endorsement by The Catholic Diocese of Biloxi, Inc. re 53 Response in Opposition, (Necaise, Kevin) (Entered: 11/20/2012)	Nov. 20, 2012	Nov. 20, 2012 PACER
55	ORDER granting American Center for Law and Justice and Seventy-Nine Members of the United States Congress's 19 Motion for Leave to File Amici Curiae Brief. Signed by District Judge Halil S. Ozerden on 11/26/2012. (ENW) (Entered: 11/26/2012)	Nov. 26, 2012	Nov. 26, 2012 PACER
56	MEMORANDUM in Opposition re 15 MOTION to Dismiss for Lack of Jurisdiction and in support of Plaintiffs, filed by Amici Curiae the American Center for Law & Justice and Seventy-Nine (79) Members of the United States Congress filed by American Center for Law and Justice, et al. (White - PHV, Edward) (Entered: 11/26/2012)	Nov. 26, 2012	Nov. 26, 2012 PACER
57	NOTICE of Supplemental Authority by Timothy Geithner, Kathleen Sebelius, Hilda Solis, U.S. Department of Health and Human Services, U.S. Department of Labor, U.S. Department of Treasury re 15 MOTION to Dismiss for Lack of Jurisdiction (Attachments: # 1 Exhibit Catholic Diocese of Nashville v. Sebelius)(Pruski, Jacek) (Entered: 11/27/2012)	Nov. 27, 2012	Nov. 27, 2012 PACER
58	NOTICE of Supplemental Authority by Timothy Geithner, Kathleen Sebelius, Hilda Solis, U.S. Department of Health and Human Services, U.S. Department of Labor, U.S. Department of Treasury re 15 MOTION to Dismiss for Lack of Jurisdiction (Attachments: # 1 Exhibit Zubik v. Sebelius)(Pruski, Jacek) (Entered: 11/29/2012)	Nov. 29, 2012	Nov. 29, 2012 PACER
	DOCKET ANNOTATION: Docket Annotation as to Doc. 58 : L.U.Civ.R. 7(b)(2) requires that all supporting exhibits to a document be denominated by an exhibit letter or number and a meaningful description. Attorney is advised to include a meaningful description of the exhibit, exhibit letter or number on the document and in the docket text for future filings. (PKS)	Nov. 30, 2012	Nov. 30, 2012 PACER
59	NOTICE of Supplemental Authority by Catholic Charities, Inc., Catholic Social and Community Services, Inc., De L'Epee Deaf Center, Inc., St. Dominic-Jackson Memorial Hospital, St. Joseph Catholic School, The Catholic Diocese of Biloxi, Inc., The Catholic Diocese of Jackson, Vicksburg Catholic School, Inc. (Carmody, Stephen) (Entered: 12/10/2012)	Dec. 10, 2012	Dec. 10, 2012 PACER
60	NOTICE OF ENDORSEMENT by The Catholic Diocese of Biloxi, Inc. (Necaise, Kevin) (Entered: 12/11/2012)	Dec. 11, 2012	Dec. 11, 2012 PACER
61	Response in Opposition re 59 NOTICE of Supplemental Authority by Catholic Charities, Inc., Catholic Social and Community Services, Inc., De L'Epee Deaf Center, Inc., St. Dominic-Jackson Memorial Hospital, St. Joseph Catholic School, The Catholic Diocese of Biloxi, Inc., The Catholic Diocese of Jackson, Vicksburg Catholic School, Inc. (Carmody, Stephen) Plaintiffs' Notice of Supplemental Authority filed by Timothy Geithner, Kathleen Sebelius, Hilda Solis, U.S. Department of Health and Human Services, U.S. Department of Labor, U.S. Department of Treasury (Pruski, Jacek) (Entered: 12/12/2012)	Dec. 12, 2012	Dec. 12, 2012 PACER
	DOCKET ANNOTATION as to #61: : Scanned document contains blank page(9). PDF documents should be checked for errors before filing. It is not necessary to refile. (PKS)	Dec. 13, 2012	Dec. 13, 2012 PACER
62	Memorandum Opinion and Order re 15 MOTION to Dismiss for Lack of Jurisdiction is granted and plaintiff's complaint is dismissed without prejudice; 28 MOTION for Oral Argument re 15 MOTION to Dismiss for Lack of Jurisdiction is denied. Signed by District Judge Halil S. Ozerden on 12/20/12 (PKS) (Entered: 12/20/2012)	Dec. 20, 2012	Dec. 20, 2012 RECAP
63	FINAL JUDGMENT: action is hereby dismissed without prejudice. Signed by District Judge Halil S. Ozerden on 12/20/12 (PKS) (Entered: 12/20/2012)	Dec. 20, 2012	Dec. 20, 2012 PACER
64	MOTION to Alter Judgment 63 Judgment, 62 Memorandum Opinion and Order by Catholic Charities, Inc., Catholic Social and Community Services, Inc., De L'Epee Deaf Center, Inc., St. Dominic-Jackson Memorial Hospital, St. Joseph Catholic School, The Catholic Diocese of Biloxi, Inc., The Catholic Diocese of Jackson, Vicksburg Catholic School, Inc. (Attachments: # 1 Exhibit A - Wheaton College v Sebelius Order)(Carmody, Stephen) Modified on 1/9/2013 to correct text (PKS). (Entered: 01/08/2013)	Jan. 8, 2013	Jan. 8, 2013 PACER
65	MEMORANDUM IN SUPPORT re 64 MOTION to Alter Judgment 63 Judgment, 62 Memorandum Opinion and Order filed by Catholic Charities, Inc., Catholic Social and Community Services, Inc., De L'Epee Deaf Center, Inc., St. Dominic-Jackson Memorial Hospital, St. Joseph Catholic School, The Catholic Diocese of Biloxi, Inc., The Catholic Diocese of Jackson, Vicksburg Catholic School, Inc. (Carmody, Stephen) Modified on 1/9/2013 to correct text(PKS). (Entered: 01/08/2013)	Jan. 8, 2013	Jan. 8, 2013 PACER
66	NOTICE OF ENDORSEMENT by The Catholic Diocese of Biloxi, Inc. (Necaise, Kevin) (Entered: 01/10/2013)	Jan. 10, 2013	Jan. 10, 2013 PACER
67	NOTICE OF ENDORSEMENT by The Catholic Diocese of Biloxi, Inc. (Necaise, Kevin) (Entered: 01/10/2013)	Jan. 10, 2013	Jan. 10, 2013 PACER
68	RESPONSE in Opposition re 64 MOTION to Alter Judgment 63 Judgment, 62 Memorandum Opinion and Order, MOTION to Amend/Correct 63 Judgment, 62 Memorandum Opinion and Order, filed by Timothy Geithner, Kathleen Sebelius, Hilda Solis, U.S. Department of Health and Human Services, U.S. Department of Labor, U.S. Department of Treasury (Pruski, Jacek) (Entered: 01/22/2013)	Jan. 22, 2013	Jan. 22, 2013 PACER
69	MEMORANDUM in Opposition re 64 MOTION to Alter Judgment 63 Judgment, 62 Memorandum Opinion and Order, MOTION to Amend/Correct 63 Judgment, 62 Memorandum Opinion and Order, filed by Timothy Geithner, Kathleen Sebelius, Hilda Solis, U.S. Department of Health and Human Services, U.S. Department of Labor, U.S. Department of Treasury (Pruski, Jacek) (Entered: 01/22/2013)	Jan. 22, 2013	Jan. 22, 2013 PACER
70	NOTICE of Supplemental Authority Related to Plaintiffs' Motion to Alter or Amend the Judgment 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 64 MOTION to Alter Judgment 63 Judgment, 62 Memorandum Opinion and Order, MOTION to Amend/Correct 63 Judgment, 62 Memorandum Opinion and Order, (Pruski, Jacek) (Entered: 01/29/2013)	Jan. 29, 2013	Jan. 29, 2013 PACER
71	Rebuttal re 64 MOTION to Alter Judgment 63 Judgment, 62 Memorandum Opinion and Order, MOTION to Amend/Correct 63 Judgment, 62 Memorandum Opinion and Order, filed by Catholic Charities, Inc., Catholic Social and Community Services, Inc., De L'Epee Deaf Center, Inc., St. Dominic-Jackson Memorial Hospital, St. Joseph Catholic School, The Catholic Diocese of Biloxi, Inc., The Catholic Diocese of Jackson, Vicksburg Catholic School, Inc. (Carmody, Stephen) (Entered: 01/29/2013)	Jan. 29, 2013	Jan. 29, 2013 PACER
72	NOTICE of Supplemental Authority Related to Plaintiffs' Motion to Alter or Amend the Judgment 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 64 MOTION to Alter Judgment 63 Judgment, 62 Memorandum Opinion and Order, MOTION to Amend/Correct 63 Judgment, 62 Memorandum Opinion and Order, (Attachments: # 1 Exhibit 1 - Archdiocese of St. Louis v. Sebelius)(Pruski, Jacek) (Entered: 01/31/2013)	Jan. 31, 2013	Jan. 31, 2013 PACER
73	NOTICE OF ENDORSEMENT by The Catholic Diocese of Biloxi, Inc. (Necaise, Kevin) (Entered: 02/01/2013)	Feb. 1, 2013	Feb. 1, 2013 PACER
74	ORDER denying Plaintiffs' 64 Motion to Alter or Amend the Judgment. Signed by District Judge Halil S. Ozerden on 2/15/2013. (ENW) (Entered: 02/15/2013)	Feb. 15, 2013	Feb. 15, 2013 PACER
	TEXT ORDER ONLY the Court finds that the motions of E Kendrick Smith Janine Cone Metcalf,Brian Lea and James Williams 4 5 6 7 to appear pro hac vice on behalf of Plaintiffs should be granted in association with local counsel,upon payment of the appropriate fee and registration for electronic filing in accordance with the Uniform Local Rules of this Court. No further written order shall be issued by this Court. Signed by Magistrate Judge John M. Roper on April 1,2014 (Nicaud, Jenny) (Entered: 04/01/2014)	April 1, 2014	April 1, 2014
	Pro Hac Vice fee paid by (E. Kendrick Smith, Janine Cone Metcalf, James R. Williams and Brian C. Lea) $400.00, receipt number 14643005626 (PKS) (Entered: 04/07/2014)	April 7, 2014	April 7, 2014
	DOCKET ANNOTATION as to #18: Proposed orders are not to be electronically filed as a separate pleading or as an attachment to a pleading, but instead are to be provided to chambers by e−mail (Court's Administrative Procedures for Electronic Case Filing Sec.5.B.). Attorney is advised to follow this procedure in future filings. (PKS) (Entered: 07/28/2014)	July 28, 2014	July 28, 2014
	TEXT ORDER ONLY The Court finds that Defendants' unopposed 18 Motion for Extension of Time to Answer is granted. Jacob J. Lew,Thomas Perez,Kathleen Sebelius, U.S. Department of Health and Human Services, U.S. Department of Labor, and U.S. Department of Treasury must answer or otherwise plead on or prior to 9/3/2014. No further written order shall be issued by this Court. Signed by Magistrate Judge John M. Roper on July 30,2014 (Nicaud, Jenny) (Entered: 07/30/2014)	July 30, 2014	July 30, 2014
	Set/Reset Deadlines: All Defendants. Answer due by 9/3/2014 (Nicaud, Jenny) (Entered: 07/30/2014)	July 30, 2014	July 30, 2014
	TEXT ONLY ORDER granting in part and denying in part the parties' 20 Joint Motion for Briefing Schedule. The Defendants' Answer and/or Motion to Dismiss/Motion for Summary Judgment is due October 3, 2014. Plaintiffs' Opposition to the Defendants' Motion, and any Cross−Motion for Summary Judgment, will be due November 3, 2014. Defendants' Reply in Support of their Motion to Dismiss/Motion for Summary Judgment, and Opposition to Plaintiffs' Motion for Summary Judgment, will be due December 3, 2014. Plaintiffs' Reply in Support of their Motion for Summary Judgment will be due December 19, 2014. The motion for leave to file excess pages is denied at this time, in light of the parties' representation that regulatory action may be taken that could affect this case. NO FURTHER WRITTEN ORDER WILL ISSUE FROM THE COURT. Signed by Chief District Judge Louis Guirola, Jr. on 8/11/14 (ESN) (Entered: 08/11/2014)	Aug. 11, 2014	Aug. 11, 2014
	TEXT ONLY ORDER granting 21 Joint Motion to Extend Deadlines; granting 21 Motion for Extension of Time to Answer. Defendants' Motion to Dismiss/Motion for Summary Judgment is due November 17, 2014. Plaintiffs' Opposition to Defendants' Motion to Dismiss/Motion for Summary Judgment and Plaintiffs' Cross−Motion for Summary Judgment are due December 18, 2014. Defendants' Reply in Support of Motion to Dismiss/Motion for Summary Judgment and Opposition to Plaintiffs' Cross−Motion for Summary Judgment are due January 20, 2015. Plaintiffs' Reply in Support of Cross−Motion for Summary Judgment is due February 5, 2015. NO FURTHER WRITTEN ORDER WILL ISSUE FROM THE COURT. Signed by Chief District Judge Louis Guirola, Jr. on 9/26/14 (ESN) (Entered: 09/26/2014)	Sept. 26, 2014	Sept. 26, 2014
	DOCKET ANNOTATION as to #24: Proposed orders are not to be electronically filed as a separate pleading or as an attachment to a pleading, but instead are to be provided to chambers by e−mail (Court's Administrative Procedures for Electronic Case Filing Sec.5.B.). (PKS) (Entered: 12/22/2014)	Dec. 22, 2014	Dec. 22, 2014
	TEXT ONLY ORDER granting 24 Motion to Withdraw as Attorney. Attorney Brian C. Lea − PHV terminated. NO FURTHER WRITTEN ORDER WILL ISSUE FROM THE COURT. Signed by Chief District Judge Louis Guirola, Jr on 12/22/2014. (JSM) (Entered: 12/22/2014)	Dec. 22, 2014	Dec. 22, 2014
	NOTICE of Hearing: TELEPHONIC Status Conference set for 6/15/2015 at 9:30 AM before Magistrate Judge John C. Gargiulo. Counsel for Plaintiff will place the call to Judge Gargiulo's Chambers with all necessary counsel on the line. (AB) (Entered: 03/27/2015)	March 27, 2015	March 27, 2015
	TEXT ONLY ORDER: Within 5 days of the entry of any decision by the 5th Circuit regarding the subject consolidated appeals the parties shall notify the Magistrate Judge, and shall submit a proposed order lifting the stay. NO FURTHER WRITTEN ORDER SHALL BE ISSUED. Signed by Magistrate Judge John C. Gargiulo on 6/15/2015 (AB) (Entered: 06/15/2015)	June 15, 2015	June 15, 2015
	NOTICE of Hearing: TELEPHONIC Status Conference set for 12/29/2015 at 10:00 AM before Magistrate Judge John C. Gargiulo. Counsel for Plaintiff will place the call to Judge Gargiulo's Chambers with all necessary counsel on the line. (AB) (Entered: 12/08/2015)	Dec. 8, 2015	Dec. 8, 2015
	Minute Entry for proceedings held before Magistrate Judge John C. Gargiulo: Telephonic Status Conference held on 12/29/2015. Participants: E. Kendrick Smith − PHV, James R. Williams − PHV, Janine Cone Metchalf − PHV, Andrew A. Pinson, Stephen J. Carmody and Kevin J. Necaise (counsel for Plaintiffs ); Adam Grogg (counsel for Defendants). The U.S. Supreme Court has granted certiorari to address issues that have been raised in the instant case. A briefing schedule has been set, and a decision is expected on June 30, 2016. The parties jointly request a continuation of the stay until after the U.S. Supreme Court issues its final decision. (AB) (Entered: 12/29/2015)	Dec. 29, 2015	Dec. 29, 2015
	TEXT ONLY ORDER: Within 20 days of the entry of any decision by the U.S. Supreme Court regarding the consolidated issues the parties shall notify the Magistrate Judge, and shall submit a proposed order lifting the stay. NO FURTHER WRITTEN ORDER SHALL ISSUE FROM THE COURT. Signed by Magistrate Judge John C. Gargiulo on 12/29/2015 (AB) (Entered: 12/29/2015)	Dec. 29, 2015	Dec. 29, 2015
	TEXT ONLY ORDER: Within 20 days of the entry of any decision by the 5th Circuit regarding the subject consolidated appeals the parties shall notify the Magistrate Judge, and shall submit a proposed order lifting the stay. NO FURTHER WRITTEN ORDER SHALL BE ISSUED. Signed by Magistrate Judge John C. Gargiulo on 5/25/2016 (AB) (Entered: 05/25/2016)	May 25, 2016	May 25, 2016
	NOTICE of Hearing: TELEPHONIC Status Conference regarding status set for 3/2/2017 at 9:30 AM before Magistrate Judge John C. Gargiulo. Counsel for Plaintiff will place the call to Judge Gargiulo's Chambers with all necessary counsel on the line. (AB) (Entered: 10/12/2016)	Oct. 12, 2016	Oct. 12, 2016