Case: Conlon v. Sebelius

COMPLAINT filed by The Most Reverend Thomas John Paprocki, Roman Catholic Bishop of the Diocese of Springfield-in-Illinois, Catholic Charities Diocese of Joliet, Inc., Catholic Charities of the Diocese of Springfield-in-Illinois, R. Daniel Conlon, Bishop of the Roman Catholic Diocese of Joliet, Illinois, as Successor Trustee Under the Provisions of the Trust Agreement Dated December 31, 1949; Jury Demand. Filing fee $ 350, receipt number 0752-7170360.(Murray, Brian) (Entered: 05/21/2012)

CIVIL Cover Sheet (Murray, Brian) (Entered: 05/21/2012)

NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by R. Daniel Conlon, Bishop of the Roman Catholic Diocese of Joliet, Illinois, as Successor Trustee Under the Provisions of the Trust Agreement Dated December 31, 1949 (Murray, Brian) (Entered: 05/21/2012)

NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Catholic Charities Diocese of Joliet, Inc. (Murray, Brian) (Entered: 05/21/2012)

NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by The Most Reverend Thomas John Paprocki, Roman Catholic Bishop of the Diocese of Springfield-in-Illinois (Murray, Brian) (Entered: 05/21/2012)

NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Catholic Charities of the Diocese of Springfield-in-Illinois (Murray, Brian) (Entered: 05/21/2012)

ATTORNEY Appearance for Plaintiffs Catholic Charities Diocese of Joliet, Inc., Catholic Charities of the Diocese of Springfield-in-Illinois, R. Daniel Conlon, Bishop of the Roman Catholic Diocese of Joliet, Illinois, as Successor Trustee Under the Provisions of the Trust Agreement Dated December 31, 1949, The Most Reverend Thomas John Paprocki, Roman Catholic Bishop of the Diocese of Springfield-in-Illinois by Brian Joseph Murray (Murray, Brian) (Entered: 05/21/2012)

ATTORNEY Appearance for Plaintiffs Catholic Charities Diocese of Joliet, Inc., Catholic Charities of the Diocese of Springfield-in-Illinois, R. Daniel Conlon, Bishop of the Roman Catholic Diocese of Joliet, Illinois, as Successor Trustee Under the Provisions of the Trust Agreement Dated December 31, 1949, The Most Reverend Thomas John Paprocki, Roman Catholic Bishop of the Diocese of Springfield-in-Illinois by Daniel E. Reidy (Reidy, Daniel) (Entered: 05/21/2012)

ATTORNEY Appearance for Plaintiffs Catholic Charities Diocese of Joliet, Inc., Catholic Charities of the Diocese of Springfield-in-Illinois, R. Daniel Conlon, Bishop of the Roman Catholic Diocese of Joliet, Illinois, as Successor Trustee Under the Provisions of the Trust Agreement Dated December 31, 1949, The Most Reverend Thomas John Paprocki, Roman Catholic Bishop of the Diocese of Springfield-in-Illinois by Carol A. Hogan (Hogan, Carol) (Entered: 05/21/2012)

ATTORNEY Appearance for Plaintiffs Catholic Charities Diocese of Joliet, Inc., Catholic Charities of the Diocese of Springfield-in-Illinois, R. Daniel Conlon, Bishop of the Roman Catholic Diocese of Joliet, Illinois, as Successor Trustee Under the Provisions of the Trust Agreement Dated December 31, 1949, The Most Reverend Thomas John Paprocki, Roman Catholic Bishop of the Diocese of Springfield-in-Illinois by Dennis Murashko (Murashko, Dennis) (Entered: 05/21/2012)

ATTORNEY Appearance for Plaintiffs Catholic Charities Diocese of Joliet, Inc., Catholic Charities of the Diocese of Springfield-in-Illinois, R. Daniel Conlon, Bishop of the Roman Catholic Diocese of Joliet, Illinois, as Successor Trustee Under the Provisions of the Trust Agreement Dated December 31, 1949, The Most Reverend Thomas John Paprocki, Roman Catholic Bishop of the Diocese of Springfield-in-Illinois by Mark P. Rotatori (Rotatori, Mark) (Entered: 05/21/2012)

SUMMONS Returned Executed by The Most Reverend Thomas John Paprocki, Roman Catholic Bishop of the Diocese of Springfield-in-Illinois, Catholic Charities Diocese of Joliet, Inc., Catholic Charities of the Diocese of Springfield-in-Illinois, R. Daniel Conlon, Bishop of the Roman Catholic Diocese of Joliet, Illinois, as Successor Trustee Under the Provisions of the Trust Agreement Dated December 31, 1949 as to Patrick J. Fitzgerald served on 5/23/2012, answer due 7/23/2012 (Murray, Brian) (Entered: 05/29/2012)

MINUTE entry before Honorable John W. Darrah: Initial status hearing set for 9/4/12 at 9:30 a.m.Mailed notice (mjc, ) (Entered: 06/26/2012)

ATTORNEY Appearance for Defendants Patrick J. Fitzgerald, Hilda Solis, in her official capacity as Secretary of the U.S. Department of Labor, Kathleen Sebelius, in her official capacity as Secretary of the U.S. Department of Health and Human Services, Timothy Geithner, in his official capacity as Secretary of the U.S. Department of Treasury, U.S. Department of Health and Human Services, U.S. Department of Labor, U.S. Department of Treasury by Benjamin Leon Berwick (Berwick, Benjamin) (Entered: 06/29/2012)

SUMMONS Returned Executed by The Most Reverend Thomas John Paprocki, Roman Catholic Bishop of the Diocese of Springfield-in-Illinois, Catholic Charities Diocese of Joliet, Inc., Catholic Charities of the Diocese of Springfield-in-Illinois, R. Daniel Conlon, Bishop of the Roman Catholic Diocese of Joliet, Illinois, as Successor Trustee Under the Provisions of the Trust Agreement Dated December 31, 1949 as to Hilda Solis, in her official capacity as Secretary of the U.S. Department of Labor served on 5/30/2012, answer due 7/30/2012; Kathleen Sebelius, in her official capacity as Secretary of the U.S. Department of Health and Human Services served on 5/30/2012, answer due 7/30/2012; Timothy Geithner, in his official capacity as Secretary of the U.S. Department of Treasury served on 5/30/2012, answer due 7/30/2012; U.S. Department of Health and Human Services served on 5/30/2012, answer due 7/30/2012; U.S. Department of Labor served on 6/1/2012, answer due 7/31/2012; U.S. Department of Treasury served on 5/30/2012, answer due 7/30/2012 (Attachments: # 1 Certificate of Service HHS, # 2 Certificate of Service Labor, # 3 Certificate of Service Sebelius, # 4 Certificate of Service Solis, # 5 Certificate of Service Treasury, # 6 Declaration)(Murray, Brian) (Entered: 07/02/2012)

1 Certificate of Service HHS

View on PACER

2 Certificate of Service Labor

View on PACER

3 Certificate of Service Sebelius

View on PACER

4 Certificate of Service Solis

View on PACER

5 Certificate of Service Treasury

View on PACER

6 Declaration

View on PACER

AFFIDAVIT of Service filed by Plaintiffs Catholic Charities Diocese of Joliet, Inc., Catholic Charities of the Diocese of Springfield-in-Illinois, R. Daniel Conlon, Bishop of the Roman Catholic Diocese of Joliet, Illinois, as Successor Trustee Under the Provisions of the Trust Agreement Dated December 31, 1949, The Most Reverend Thomas John Paprocki, Roman Catholic Bishop of the Diocese of Springfield-in-Illinois regarding Summons served on Eric. H. Holder, Jr. on 6/4/2012 (Attachments: # 1 Declaration)(Murray, Brian) (Entered: 07/02/2012)

1 Declaration

View on PACER

MOTION by Defendants Patrick J. Fitzgerald, Hilda Solis, in her official capacity as Secretary of the U.S. Department of Labor, Kathleen Sebelius, in her official capacity as Secretary of the U.S. Department of Health and Human Services, Timothy Geithner, in his official capacity as Secretary of the U.S. Department of Treasury, U.S. Department of Health and Human Services, U.S. Department of Labor, U.S. Department of Treasury for extension of time to Respond to Complaint (Berwick, Benjamin) (Entered: 07/02/2012)

NOTICE of Motion by Benjamin Leon Berwick for presentment of extension of time,, 17 before Honorable John W. Darrah on 8/14/2012 at 09:30 AM. (Berwick, Benjamin) (Entered: 07/02/2012)

MOTION by Plaintiffs Catholic Charities Diocese of Joliet, Inc., Catholic Charities of the Diocese of Springfield-in-Illinois, R. Daniel Conlon, Bishop of the Roman Catholic Diocese of Joliet, Illinois, as Successor Trustee Under the Provisions of the Trust Agreement Dated December 31, 1949, The Most Reverend Thomas John Paprocki, Roman Catholic Bishop of the Diocese of Springfield-in-Illinois for leave to file Amended Complaint (Attachments: # 1 Exhibit Amended Complaint)(Murray, Brian) (Entered: 07/09/2012)

1 Exhibit Amended Complaint

View on PACER

NOTICE of Motion by Brian Joseph Murray for presentment of motion for leave to file,, 19 before Honorable John W. Darrah on 8/14/2012 at 09:30 AM. (Murray, Brian) (Entered: 07/09/2012)

MOTION by Defendants Patrick J. Fitzgerald, Hilda Solis, in her official capacity as Secretary of the U.S. Department of Labor, Kathleen Sebelius, in her official capacity as Secretary of the U.S. Department of Health and Human Services, Timothy Geithner, in his official capacity as Secretary of the U.S. Department of Treasury, U.S. Department of Health and Human Services, U.S. Department of Labor, U.S. Department of Treasury for leave to file excess pages (Berwick, Benjamin) (Entered: 08/06/2012)

NOTICE of Motion by Benjamin Leon Berwick for presentment of motion for leave to file excess pages, 21 before Honorable John W. Darrah on 8/14/2012 at 09:30 AM. (Berwick, Benjamin) (Entered: 08/06/2012)

MOTION by Defendants Hilda Solis, in her official capacity as Secretary of the U.S. Department of Labor, Timothy Geithner, in his official capacity as Secretary of the U.S. Department of Treasury, U.S. Department of Labor, U.S. Department of Health and Human Services, U.S. Department of Treasury, Patrick J. Fitzgerald, Kathleen Sebelius, in her official capacity as Secretary of the U.S. Department of Health and Human Services to dismiss for lack of jurisdiction (Attachments: # 1 Memorandum in Support)(Berwick, Benjamin) (Entered: 08/06/2012)

1 Memorandum in Support

View on PACER

NOTICE of Motion by Benjamin Leon Berwick for presentment of motion to dismiss/lack of jurisdiction,, 23 before Honorable John W. Darrah on 8/14/2012 at 09:30 AM. (Berwick, Benjamin) (Entered: 08/06/2012)

MOTION by Plaintiffs Catholic Charities Diocese of Joliet, Inc., Catholic Charities of the Diocese of Springfield-in-Illinois, R. Daniel Conlon, Bishop of the Roman Catholic Diocese of Joliet, Illinois, as Successor Trustee Under the Provisions of the Trust Agreement Dated December 31, 1949, The Most Reverend Thomas John Paprocki, Roman Catholic Bishop of the Diocese of Springfield-in-Illinois to withdraw motion for leave to file,, 19 (Murray, Brian) (Entered: 08/08/2012)

NOTICE of Motion by Brian Joseph Murray for presentment of motion to withdraw,, motion for relief, 25 before Honorable John W. Darrah on 8/14/2012 at 09:30 AM. (Murray, Brian) (Entered: 08/08/2012)

AMENDED complaint by The Most Reverend Thomas John Paprocki, Roman Catholic Bishop of the Diocese of Springfield-in-Illinois, Catholic Charities Diocese of Joliet, Inc., Catholic Charities of the Diocese of Springfield-in-Illinois, R. Daniel Conlon, Bishop of the Roman Catholic Diocese of Joliet, Illinois, as Successor Trustee Under the Provisions of the Trust Agreement Dated December 31, 1949, Catholic Charities of The Archdiocese of Chicago, Saint Patrick High School against Hilda Solis, in her official capacity as Secretary of the U.S. Department of Labor, Kathleen Sebelius, in her official capacity as Secretary of the U.S. Department of Health and Human Services, Timothy Geithner, in his official capacity as Secretary of the U.S. Department of Treasury, U.S. Department of Health and Human Services, U.S. Department of Labor, U.S. Department of Treasury (Murray, Brian) (Entered: 08/08/2012)

NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Catholic Charities of The Archdiocese of Chicago re amended complaint,,, 27 (Murray, Brian) (Entered: 08/08/2012)

NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Saint Patrick High School re amended complaint,,, 27 (Murray, Brian) (Entered: 08/08/2012)

MINUTE entry before Honorable John W. Darrah: Ruling on motion hearing held. Parties' joint motion for an extension of time is moot 17 . Plaintiffs' agreed motion for leave to file an amended complaint is granted 19 . Defendants' unopposed motion for leave to file brief in excess of the page limit is granted 21 . Defendants' memorandum is moot 23 . Plaintiffs'motion to withdraw motion for leave to file amended complaint is moot 25 . Defendant's motion to dismiss, with brief in support, to be filed by 8/21/12, response by 9/11/12. Reply by 10/2/12. Status hearing set for 9/4/12 is vacated. Status hearing set for 12/5/12 at 9:30 a.m.Mailed notice (mjc, ) (Entered: 08/15/2012)

MOTION by Defendants Hilda Solis, in her official capacity as Secretary of the U.S. Department of Labor, Timothy Geithner, in his official capacity as Secretary of the U.S. Department of Treasury, U.S. Department of Labor, U.S. Department of Health and Human Services, U.S. Department of Treasury, Patrick J. Fitzgerald, Kathleen Sebelius, in her official capacity as Secretary of the U.S. Department of Health and Human Services to dismiss for lack of jurisdiction (Attachments: # 1 Memorandum in Support)(Berwick, Benjamin) (Entered: 08/21/2012)

1 Memorandum in Support

View on PACER

NOTICE of Motion by Benjamin Leon Berwick for presentment of motion to dismiss/lack of jurisdiction,, 31 before Honorable John W. Darrah on 12/5/2012 at 09:30 AM. (Berwick, Benjamin) (Entered: 08/21/2012)

MOTION by Amicus American Center For Law & JusticeLeave To Participate as Amici Curiae in Support of Plaintiffs (Attachments: # 1 Exhibit Amici Curiae Brief)(Schopp, David) (Entered: 08/23/2012)

1 Exhibit Amici Curiae Brief

View on PACER

NOTICE of Motion by David W. Schopp for presentment of motion for miscellaneous relief 33 before Honorable John W. Darrah on 8/29/2012 at 09:30 AM. (Schopp, David) (Entered: 08/23/2012)

Corporate Disclosure Statement by American Center For Law & Justice (Schopp, David) (Entered: 08/23/2012)

ATTORNEY Appearance for Defendants Hilda Solis, in her official capacity as Secretary of the U.S. Department of Labor, Kathleen Sebelius, in her official capacity as Secretary of the U.S. Department of Health and Human Services, Timothy Geithner, in his official capacity as Secretary of the U.S. Department of Treasury, U.S. Department of Health and Human Services, U.S. Department of Labor, U.S. Department of Treasury by Bradley Philip Humphreys (Humphreys, Bradley) (Entered: 08/28/2012)

MINUTE entry before Honorable John W. Darrah: Ruling on motion hearing held. Motion by Amicus American Center For Law & Justice Leave to Participate as Amici Curiae in Support of plaintiffs 33 is granted. Enter Order. Mailed notice (mjc, ) (Entered: 08/30/2012)

ORDER granting motion for leave to appear as Amici Curiae and file Amici Curiae brief Signed by the Honorable John W. Darrah on 8/29/2012.(mjc, ) (Entered: 08/30/2012)

ATTORNEY Appearance for Amicus American Center For Law & Justice by David W. Schopp (Schopp, David) (Entered: 08/31/2012)

MEMORANDUM by Catholic Charities Diocese of Joliet, Inc., Catholic Charities of The Archdiocese of Chicago, Catholic Charities of the Diocese of Springfield-in-Illinois, R. Daniel Conlon, Bishop of the Roman Catholic Diocese of Joliet, Illinois, as Successor Trustee Under the Provisions of the Trust Agreement Dated December 31, 1949, Saint Patrick High School, The Most Reverend Thomas John Paprocki, Roman Catholic Bishop of the Diocese of Springfield-in-Illinois in Opposition to motion to dismiss/lack of jurisdiction,, 31 (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Murray, Brian) (Entered: 09/11/2012)

1 Exhibit A

View on PACER

2 Exhibit B

View on PACER

3 Exhibit C

View on PACER

REPLY by Defendants Hilda Solis, in her official capacity as Secretary of the U.S. Department of Labor, Kathleen Sebelius, in her official capacity as Secretary of the U.S. Department of Health and Human Services, Timothy Geithner, in his official capacity as Secretary of the U.S. Department of Treasury, U.S. Department of Health and Human Services, U.S. Department of Labor, U.S. Department of Treasury to memorandum in opposition to motion,, 40 (Berwick, Benjamin) (Entered: 10/02/2012)

NOTICE of Supplemental Authority by Patrick J. Fitzgerald, Hilda Solis, in her official capacity as Secretary of the U.S. Department of Labor, Kathleen Sebelius, in her official capacity as Secretary of the U.S. Department of Health and Human Services, Timothy Geithner, in his official capacity as Secretary of the U.S. Department of Treasury, U.S. Department of Health and Human Services, U.S. Department of Labor, U.S. Department of Treasury (Berwick, Benjamin) Modified on 11/15/2012 (mjc, ). (Entered: 11/13/2012)

NOTICE of Supplemental Authority by Patrick J. Fitzgerald, Hilda Solis, in her official capacity as Secretary of the U.S. Department of Labor, Kathleen Sebelius, in her official capacity as Secretary of the U.S. Department of Health and Human Services, Timothy Geithner, in his official capacity as Secretary of the U.S. Department of Treasury, U.S. Department of Health and Human Services, U.S. Department of Labor, U.S. Department of Treasury (Attachments: # 1 Exhibit Catholic Diocese of Nashville v. Sebelius)(Berwick, Benjamin) (Entered: 11/27/2012)

1 Exhibit Catholic Diocese of Nashville v. Sebelius

View on PACER

NOTICE of Supplemental Authority by Patrick J. Fitzgerald, Hilda Solis, in her official capacity as Secretary of the U.S. Department of Labor, Kathleen Sebelius, in her official capacity as Secretary of the U.S. Department of Health and Human Services, Timothy Geithner, in his official capacity as Secretary of the U.S. Department of Treasury, U.S. Department of Health and Human Services, U.S. Department of Labor, U.S. Department of Treasury (Attachments: # 1 Exhibit Zubik v. Sebelius)(Berwick, Benjamin) (Entered: 11/29/2012)

1 Exhibit Zubik v. Sebelius

View on PACER

RESPONSE by Plaintiffs Catholic Charities Diocese of Joliet, Inc., Catholic Charities of The Archdiocese of Chicago, Catholic Charities of the Diocese of Springfield-in-Illinois, R. Daniel Conlon, Bishop of the Roman Catholic Diocese of Joliet, Illinois, as Successor Trustee Under the Provisions of the Trust Agreement Dated December 31, 1949, Saint Patrick High School, The Most Reverend Thomas John Paprocki, Roman Catholic Bishop of the Diocese of Springfield-in-Illinois to other,, 43, other,, 44, other,, 42 (Murray, Brian) (Entered: 11/30/2012)

MINUTE entry before Honorable John W. Darrah: Status hearing set for 12/5/12 is re-set to 1/22/13 at 10:00 a.m. The Court will entertain oral argument at that time re: the pending motion to dismiss. Mailed notice(maf) (Entered: 12/03/2012)

MINUTE entry before Honorable John W. Darrah: Status hearing of January 22, 2013, is re-set to 10:00 a.m. on January 30, 2013.Mailed notice (mjc, ) (Entered: 12/04/2012)

NOTICE of Supplemental Authority by Catholic Charities Diocese of Joliet, Inc., Catholic Charities of The Archdiocese of Chicago, Catholic Charities of the Diocese of Springfield-in-Illinois, R. Daniel Conlon, Bishop of the Roman Catholic Diocese of Joliet, Illinois, as Successor Trustee Under the Provisions of the Trust Agreement Dated December 31, 1949, Saint Patrick High School, The Most Reverend Thomas John Paprocki, Roman Catholic Bishop of the Diocese of Springfield-in-Illinois (Attachments: # 1 Exhibit A)(Murray, Brian) (Entered: 12/12/2012)

1 Exhibit A

View on PACER

NOTICE of Supplemental Authority by Patrick J. Fitzgerald, Hilda Solis, in her official capacity as Secretary of the U.S. Department of Labor, Kathleen Sebelius, in her official capacity as Secretary of the U.S. Department of Health and Human Services, Timothy Geithner, in his official capacity as Secretary of the U.S. Department of Treasury, U.S. Department of Health and Human Services, U.S. Department of Labor, U.S. Department of Treasury (Attachments: # 1 Exhibit Catholic Diocese of Biloxi v. Sebelius, # 2 Exhibit Wheaton College v. Sebelius)(Berwick, Benjamin) (Entered: 12/24/2012)

1 Exhibit Catholic Diocese of Biloxi v. Sebelius

View on PACER

2 Exhibit Wheaton College v. Sebelius

View on PACER

NOTICE of Supplemental Authority by Patrick J. Fitzgerald, Hilda Solis, in her official capacity as Secretary of the U.S. Department of Labor, Kathleen Sebelius, in her official capacity as Secretary of the U.S. Department of Health and Human Services, Timothy Geithner, in his official capacity as Secretary of the U.S. Department of Treasury, U.S. Department of Health and Human Services, U.S. Department of Labor, U.S. Department of Treasury (Berwick, Benjamin) (Entered: 01/14/2013)

NOTICE of Supplemental Authority by Patrick J. Fitzgerald, Hilda Solis, in her official capacity as Secretary of the U.S. Department of Labor, Kathleen Sebelius, in her official capacity as Secretary of the U.S. Department of Health and Human Services, Timothy Geithner, in his official capacity as Secretary of the U.S. Department of Treasury, U.S. Department of Health and Human Services, U.S. Department of Labor, U.S. Department of Treasury (Berwick, Benjamin) (Entered: 01/29/2013)

MINUTE entry before Honorable John W. Darrah:Status hearing and oral argument held re: the pending motion to dismiss. Ruling by mail. Mailed notice(maf) (Entered: 01/30/2013)

MINUTE entry before Honorable John W. Darrah: For the reasons stated in the attached memorandum opinion and order, defendants' motion to dismiss pursuant to FRCP 12(b)(1) for lack of subject-matter jurisdiction 31 is granted; and plaintiff's complaint is dismissed without prejudice. The merits of the current preventative care regulations or proposed amended regulations cannot be reached. Enter Memorandum Opinion and Order. Civil case closed. [For further details see separate order(s).]Mailed notice (mjc, ) (Entered: 02/08/2013)

MEMORANDUM Opinion and Order Signed by the Honorable John W. Darrah on 2/8/2013.(mjc, )

ENTERED JUDGMENT. (mjc, ) (Entered: 02/08/2013)

TRANSCRIPT OF PROCEEDINGS held on 01/30/13 before the Honorable John W. Darrah. Court Reporter Contact Information: Mary M. Hacker, (312) 435-5564, Mary_Hacker@ilnd.uscourts.gov. IMPORTANT: The transcript may be viewed at the court's public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through the Court Reporter/Transcriber or PACER. For further information on the redaction process, see the Court's web site at www.ilnd.uscourts.gov under Quick Links select Policy Regarding the Availability of Transcripts of Court Proceedings. Redaction Request due 3/26/2013. Redacted Transcript Deadline set for 4/5/2013. Release of Transcript Restriction set for 6/3/2013. (Hacker, Mary) (Entered: 03/05/2013)