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

Clearinghouse coding complete

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…

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 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.

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 attrorneys, see: https://www.courtlistener.com/docket/12895371/parties/the-catholic-diocese-of-biloxi-inc-v-sebelius/


Judge(s)

Guirola, Louis Jr. (Mississippi)

Ozerden, Halil Suleyman (Mississippi)

Walker, Robert H. (Mississippi)

Attorneys(s) 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)

Smith, E. Kendrick (Georgia)

Judge(s)

Guirola, Louis Jr. (Mississippi)

Ozerden, Halil Suleyman (Mississippi)

Walker, Robert H. (Mississippi)

Attorneys(s) 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)

Smith, E. Kendrick (Georgia)

Thornhill, Rebecca M. (Georgia)

Williams, James R. (Georgia)

Attorneys(s) for Defendant

Bennett, Michelle Renee (District of Columbia)

Graben, Stephen R. (Mississippi)

Grogg, Adam Anderson (District of Columbia)

Pruski, Jacek (District of Columbia)

Other Attorney(s)

Lamar, John Thomas Jr (Mississippi)

White, Edward L. III (Michigan)

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

2012 WL 6831407

Dec. 20, 2012

Dec. 20, 2012

Order/Opinion
63

1:12-cv-00158

Final Judgment

2012 WL 6831407

Dec. 20, 2012

Dec. 20, 2012

Order/Opinion
74

1:12-cv-00158

Order Denying Plaintiffs' Motion to Alter or Amend the Judgment

2013 WL 690990

Feb. 15, 2013

Feb. 15, 2013

Order/Opinion
1

1:14-cv-00146

Complaint [Renewed]

Roman Catholic Diocese of Biloxi, Inc. v. Sebelius

March 27, 2014

March 27, 2014

Complaint

Resources

Docket

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

Last updated Aug. 10, 2022, 3:14 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against Timothy Geithner, Kathleen Sebelius, Hilda Solis, U.S. Department of Health and Human Services, U.S. Department of Labor, U.S. Department of Treasury ( Filing fee $350.00, 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

Case Details

State / Territory: Mississippi

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. 23, 2017

Case Ongoing: No

Plaintiffs

Plaintiff Description:

The Catholic dioceses of Biloxi and Jackson, Mississippi, and schools and nonprofits within them

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

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

U.S. Department of Labor, Federal

U.S. Department of Treasury, Federal

Defendant Type(s):

Hospital/Health Department

Case Details

Causes of Action:

Religious Freedom Rest. Act/Religious Land Use and Inst. Persons Act (RFRA/RLUIPA)

Ex Parte Young (Federal) or Bivens

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

Constitutional Clause(s):

Freedom of speech/association

Free Exercise Clause

Establishment Clause

Availably Documents:

Trial Court Docket

Complaint (any)

Non-settlement Outcome

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Source of Relief:

None

Content of Injunction:

Preliminary relief denied

Issues

General:

Contraception

Religious programs / policies

Discrimination-basis:

Religion discrimination