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Case: State of Nebraska v. U.S. Department of Health and Human Services

4:12-cv-03035 | U.S. District Court for the District of Nebraska

Filed Date: Feb. 23, 2012

Closed Date: Aug. 21, 2013

Clearinghouse coding complete

Case Summary

Seven states (Nebraska, South Carolina, Michigan, Texas, Florida, Ohio, and Oklahoma) and Catholic organizations filed this lawsuit on February 23, 2012 in the United States District Court for the District of Nebraska. It is one of a number of cases across the country seeking injunctive and declaratory relief against the federal government on a similar theory. Plaintiffs claimed their free exercise of religion and freedom of speech rights were violated by the portion of the interim final regula…

Seven states (Nebraska, South Carolina, Michigan, Texas, Florida, Ohio, and Oklahoma) and Catholic organizations filed this lawsuit on February 23, 2012 in the United States District Court for the District of Nebraska. It is one of a number of cases across the country seeking injunctive and declaratory relief against the federal government on a similar theory. Plaintiffs claimed their free exercise of religion and freedom of speech rights were violated by the portion of the interim final regulations adopted to implement the Patient Protection and Affordable Care Act, Pub. L. No. 111-148, 124 Stat. 119 (2010), as amended by the Health Care and Education Reconciliation Act of 2010, Pub. L. No. 111-152, 124 Stat. 1029 (2010) ("the ACA"), that would require them to cover contraception as part of their health insurance offerings.

On April 30, 2012, Defendants moved to dismiss the complaint, arguing, among other things, that the regulations were in the process of being amended; that no part of the law had been enforced against any of Plaintiffs; and that Plaintiffs lacked standing.

On July 17, 2012, in a 45-page opinion, the Court, (Senior Judge Warren K. Urbom) granted the Motion to Dismiss without prejudice.

On September 14, 2012, Plaintiffs appealed the decision to the 8th Circuit Court of Appeals. However, Plaintiffs voluntarily dismissed the appeal on August 21, 2013.

Summary Authors

Denise Heberle (7/19/2012)

Mallory Jones (11/26/2013)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/4306061/parties/state-of-nebraska-v-united-states-department-of-health-and-human-services/


Judge(s)

Gans, Michael E. (Missouri)

Urbom, Warren Keith (Nebraska)

Attorneys(s) for Plaintiff

Blankenau, Donald G. (Nebraska)

Bruning, Jon (Nebraska)

Cookson, David D. (Nebraska)

Spohn, Katherine J. (Nebraska)

Weber, Rocky C. (Nebraska)

Attorneys(s) for Defendant

Bennett, Michelle Renee (District of Columbia)

Delery, Stuart F. (District of Columbia)

Gershengorn, Ian Heath (District of Columbia)

Judge(s)

Gans, Michael E. (Missouri)

Urbom, Warren Keith (Nebraska)

Attorneys(s) for Plaintiff

Blankenau, Donald G. (Nebraska)

Bruning, Jon (Nebraska)

Cookson, David D. (Nebraska)

Spohn, Katherine J. (Nebraska)

Weber, Rocky C. (Nebraska)

Attorneys(s) for Defendant

Bennett, Michelle Renee (District of Columbia)

Delery, Stuart F. (District of Columbia)

Gershengorn, Ian Heath (District of Columbia)

Gilg, Deborah R. (Nebraska)

Lieber, Sheila M. (District of Columbia)

Nelson, James D. (District of Columbia)

Ricketts, Jennifer (District of Columbia)

Womack, Eric R. (District of Columbia)

Documents in the Clearinghouse

Document

4:12-cv-03035

Docket

State of Nebraska v. U.S. Department of Human Services

Aug. 21, 2013

Aug. 21, 2013

Docket
1

4:12-cv-03035

Complaint

Feb. 23, 2012

Feb. 23, 2012

Complaint
31

4:12-cv-03035

Defendants' Memorandum of Law in Support of Their Motion to Dismiss

April 30, 2012

April 30, 2012

Pleading / Motion / Brief
33

4:12-cv-03035

Plaintiffs' Memeorandum in Opposition to Defendants' Motion to Dismiss

May 24, 2012

May 24, 2012

Pleading / Motion / Brief
38

4:12-cv-03035

Memorandum and Order on Motion to Dismiss

July 17, 2012

July 17, 2012

Order/Opinion
46

4:12-cv-03035

Judgment from U.S. Court of Appeals for the 8th Circuit

Nebraska v. Department of Health and Human Services

U. S. Court of Appeals for the Eighth Circuit

Aug. 21, 2013

Aug. 21, 2013

Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4306061/state-of-nebraska-v-united-states-department-of-health-and-human-services/

Last updated Sept. 18, 2022, 10:41 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against Timothy F. Geithner, Kathleen Sebelius, Hilda L. Solis, United States Department of Health and Human Services, United States Department of Labor, United States Department of Treasury ( Filing fee $ 350, receipt number 0867-2220787), by Attorney Katherine J. Spohn on behalf of State of Ohio, State of Nebraska, State of Texas, State of Oklahoma, State of Florida, Bill Schuette, State of South Carolina(Spohn, Katherine) (Entered: 02/23/2012)

Feb. 23, 2012

Feb. 23, 2012

Clearinghouse
2

TEXT NOTICE OF JUDGES ASSIGNED: Magistrate Judge Cheryl R. Zwart assigned. (TEL) (Entered: 02/23/2012)

Feb. 23, 2012

Feb. 23, 2012

PACER
3

ATTORNEY LETTER by Clerk that Attorney Donald G. Blankenau has not paid the biennial assessment. If the requested action is not taken within fifteen (15) days of the date of this letter, this matter will be referred to the assigned magistrate judge for the entry of a show cause order. (TEL) (Entered: 02/23/2012)

Feb. 23, 2012

Feb. 23, 2012

PACER
4

TEXT NOTICE REGARDING CORPORATE DISCLOSURE STATEMENT by Deputy Clerk as to Plaintiff Catholic Mutual Relief Society of America. Pursuant to Fed. R. Civ. P. 7.1, non-governmental corporate parties are required to file Corporate Disclosure Statements (Statements). The parties shall use the form Corporate Disclosure Statement, available on the Web site of the court at http://www.ned.uscourts.gov/forms/. If you have not filed your Statement, you must do so within 15 days of the date of this notice. If you have already filed your Statement in this case, you are reminded to file a Supplemental Statement within a reasonable time of any change in the information that the statement requires. (TEL) (Entered: 02/23/2012)

Feb. 23, 2012

Feb. 23, 2012

PACER
5

TEXT NOTICE REGARDING CORPORATE DISCLOSURE STATEMENT by Deputy Clerk as to Plaintiff Catholic Social Services. Pursuant to Fed. R. Civ. P. 7.1, non-governmental corporate parties are required to file Corporate Disclosure Statements (Statements). The parties shall use the form Corporate Disclosure Statement, available on the Web site of the court at http://www.ned.uscourts.gov/forms/. If you have not filed your Statement, you must do so within 15 days of the date of this notice. If you have already filed your Statement in this case, you are reminded to file a Supplemental Statement within a reasonable time of any change in the information that the statement requires. (TEL) (Entered: 02/23/2012)

Feb. 23, 2012

Feb. 23, 2012

PACER
6

TEXT NOTICE REGARDING CORPORATE DISCLOSURE STATEMENT by Deputy Clerk as to Plaintiff Pius X Catholic High School. Pursuant to Fed. R. Civ. P. 7.1, non-governmental corporate parties are required to file Corporate Disclosure Statements (Statements). The parties shall use the form Corporate Disclosure Statement, available on the Web site of the court at http://www.ned.uscourts.gov/forms/. If you have not filed your Statement, you must do so within 15 days of the date of this notice. If you have already filed your Statement in this case, you are reminded to file a Supplemental Statement within a reasonable time of any change in the information that the statement requires. (TEL) (Entered: 02/23/2012)

Feb. 23, 2012

Feb. 23, 2012

PACER
7

CORPORATE DISCLOSURE STATEMENT pursuant to Fed. R. Civ. P. 7.1 by Attorney Donald G. Blankenau on behalf of Plaintiff Catholic Mutual Relief Society of America.(Blankenau, Donald) (Entered: 02/24/2012)

Feb. 24, 2012

Feb. 24, 2012

PACER
8

CORPORATE DISCLOSURE STATEMENT pursuant to Fed. R. Civ. P. 7.1 by Attorney Rocky C. Weber on behalf of Plaintiff Pius X Catholic High School.(Weber, Rocky) (Entered: 02/24/2012)

Feb. 24, 2012

Feb. 24, 2012

PACER
9

CORPORATE DISCLOSURE STATEMENT pursuant to Fed. R. Civ. P. 7.1 by Attorney Rocky C. Weber on behalf of Plaintiff Catholic Social Services.(Weber, Rocky) (Entered: 02/24/2012)

Feb. 24, 2012

Feb. 24, 2012

PACER
10

Summons Requested as to The Honorable Deborah R. Gilg regarding Complaint, 1 . (Spohn, Katherine) (Entered: 02/28/2012)

Feb. 28, 2012

Feb. 28, 2012

PACER
11

Summons Requested as to The Honorable Eric Holder, Esq. regarding Complaint, 1 . (Spohn, Katherine) (Entered: 02/28/2012)

Feb. 28, 2012

Feb. 28, 2012

PACER
12

Summons Requested as to The Honorable Kathleen Sebelius, Secretary regarding Complaint, 1 . (Spohn, Katherine) (Entered: 02/28/2012)

Feb. 28, 2012

Feb. 28, 2012

PACER
13

Summons Requested as to The Honorable Hilda L. Solis, Secretary regarding Complaint, 1 . (Spohn, Katherine) (Entered: 02/28/2012)

Feb. 28, 2012

Feb. 28, 2012

PACER
14

Summons Requested as to The Honorable Timothy Geithner, Secretary regarding Complaint, 1 . (Spohn, Katherine) (Entered: 02/28/2012)

Feb. 28, 2012

Feb. 28, 2012

PACER
15

Summons Requested as to U.S. Department of Health and Human Services regarding Complaint, 1 . (Spohn, Katherine) (Entered: 02/28/2012)

Feb. 28, 2012

Feb. 28, 2012

PACER
16

Summons Requested as to U.S. Department of Treasury regarding Complaint, 1 . (Spohn, Katherine) (Entered: 02/28/2012)

Feb. 28, 2012

Feb. 28, 2012

PACER
17

Summons Requested as to U.S. Department of Labor regarding Complaint, 1 . (Spohn, Katherine) (Entered: 02/28/2012)

Feb. 28, 2012

Feb. 28, 2012

PACER
18

Summons Issued as to defendants Timothy F. Geithner, Kathleen Sebelius, Hilda L. Solis, United States Department of Health and Human Services, United States Department of Labor, United States Department of Treasury, Deborah R. Gilg, and Eric Holder. YOU MUST PRINT YOUR ISSUED SUMMONS, WHICH ARE ATTACHED TO THIS DOCUMENT. PAPER COPIES WILL NOT BE MAILED. (TEL) (Entered: 02/28/2012)

Feb. 28, 2012

Feb. 28, 2012

PACER
19

NOTICE Summons Returned Executed by Attorney Katherine J. Spohn on behalf of Plaintiff State of Nebraska (Spohn, Katherine) (Entered: 04/16/2012)

April 16, 2012

April 16, 2012

PACER
20

SUMMONS Returned Executed upon defendant United States Department of Health and Human Services on 2/28/2012. (Spohn, Katherine) (Entered: 04/16/2012)

April 16, 2012

April 16, 2012

PACER
21

SUMMONS Returned Executed upon defendant United States Department of Treasury on 2/28/2012. (Spohn, Katherine) (Entered: 04/16/2012)

April 16, 2012

April 16, 2012

PACER
22

SUMMONS Returned Executed upon defendant Timothy F. Geithner on 2/28/2012. (Spohn, Katherine) (Entered: 04/16/2012)

April 16, 2012

April 16, 2012

PACER
23

SUMMONS Returned Executed upon defendant United States Department of Labor on 2/28/2012. (Spohn, Katherine) (Entered: 04/16/2012)

April 16, 2012

April 16, 2012

PACER
24

SUMMONS Returned Executed upon defendant Hilda L. Solis on 2/28/2012. (Spohn, Katherine) (Entered: 04/16/2012)

April 16, 2012

April 16, 2012

PACER
25

SUMMONS Returned Executed upon The Honorable Eric Holder, Esq. defendant United States Department of Health and Human Services. (Spohn, Katherine) (Entered: 04/16/2012)

April 16, 2012

April 16, 2012

PACER
26

SUMMONS Returned Executed upon The Honorable Deborah R. Gilg, United States Attorney for the District of Nebraska defendant United States Department of Health and Human Services. (Spohn, Katherine) (Entered: 04/16/2012)

April 16, 2012

April 16, 2012

PACER
27

SUMMONS Returned Executed upon defendant Kathleen Sebelius on 2/28/2012. (Spohn, Katherine) (Entered: 04/16/2012)

April 16, 2012

April 16, 2012

PACER
28

TEXT NOTICE OF INCORRECT EVENT used when filing the Summons Returned Executed filings 20 21 22 23 24 25 26 and 27 by Deputy Clerk. In the future, use the event Summons Returned Executed as to USA.(GJG) (Entered: 04/17/2012)

April 17, 2012

April 17, 2012

PACER
29

NOTICE of Appearance by Attorney Michelle R. Bennett on behalf of Defendants Timothy F. Geithner, Kathleen Sebelius, Hilda L. Solis, United States Department of Health and Human Services, United States Department of Labor, United States Department of Treasury (Bennett, Michelle) (Entered: 04/30/2012)

April 30, 2012

April 30, 2012

PACER
30

MOTION to Dismiss by Attorney Michelle R. Bennett on behalf of Defendants Timothy F. Geithner, Kathleen Sebelius, Hilda L. Solis, United States Department of Health and Human Services, United States Department of Labor, United States Department of Treasury.(Bennett, Michelle) (Entered: 04/30/2012)

April 30, 2012

April 30, 2012

PACER
31

BRIEF in support of MOTION to Dismiss 30 by Attorney Michelle R. Bennett on behalf of Defendants Timothy F. Geithner, Kathleen Sebelius, Hilda L. Solis, United States Department of Health and Human Services, United States Department of Labor, United States Department of Treasury.(Bennett, Michelle) (Entered: 04/30/2012)

April 30, 2012

April 30, 2012

Clearinghouse
32

MEMORANDUM AND ORDER regarding defendants MOTION to Dismiss 30 . The above-captioned action was randomly assigned to the undersigned magistrate judge for final disposition. To avoid any delay in ruling on the pending motion, if the parties consent to final disposition of the case by the undersigned magistrate judge, on or before May 24, 2012, they shall e-mail a consent form to the Clerk. In the absence of timely submitting the attached form in accordance with paragraph (1) of this order, the case will be reassigned to a district judge. Ordered by Magistrate Judge Cheryl R. Zwart. (JAB) (Entered: 05/03/2012)

May 3, 2012

May 3, 2012

RECAP
33

BRIEF in opposition to MOTION to Dismiss 30 by Attorney Katherine J. Spohn on behalf of Plaintiffs Sister Mary Catherine, CK, Catholic Mutual Relief Society of America, Catholic Social Services, Stacy Molai, Pius X Catholic High School, Bill Schuette, State of Florida, State of Nebraska, State of Ohio, State of Oklahoma, State of South Carolina, State of Texas.(Spohn, Katherine) (Entered: 05/24/2012)

May 24, 2012

May 24, 2012

Clearinghouse
34

REASSIGNMENT ORDER - This case is reassigned to Senior Judge Warren K. Urbom for disposition and assigned to Magistrate Judge Magistrate Judge Cheryl R. Zwart for judicial supervision and processing of all pretrial matters. Ordered by Chief Judge Laurie Smith Camp. (AOA) (Entered: 05/25/2012)

May 25, 2012

May 25, 2012

PACER
35

Unopposed MOTION to Extend Time to File Reply Brief by Attorney Michelle R. Bennett on behalf of Defendants Timothy F. Geithner, Kathleen Sebelius, Hilda L. Solis, United States Department of Health and Human Services, United States Department of Labor, United States Department of Treasury.(Bennett, Michelle) (Entered: 05/30/2012)

May 30, 2012

May 30, 2012

PACER
36

ORDER granting 35 Defendants' Motion for an Extension of Time to File Reply Brief. The defendants shall have on or before June 13, 2012, to file and serve their reply brief. Ordered by Senior Judge Warren K. Urbom. (EJL) (Entered: 06/04/2012)

June 4, 2012

June 4, 2012

RECAP
37

REPLY BRIEF in support of MOTION to Dismiss 30 by Attorney Michelle R. Bennett on behalf of Defendants Timothy F. Geithner, Kathleen Sebelius, Hilda L. Solis, United States Department of Health and Human Services, United States Department of Labor, United States Department of Treasury.(Bennett, Michelle) (Entered: 06/13/2012)

June 13, 2012

June 13, 2012

PACER
38

MEMORANDUM AND ORDER granting the Defendants' 30 Motion to Dismiss. The Plaintiff's complaint is dismissed without prejudice. Ordered by Senior Judge Warren K. Urbom. (MKR) (Entered: 07/17/2012)

July 17, 2012

July 17, 2012

Clearinghouse
39

JUDGMENT in accordance with the Memorandum and Order on Motion to Dismiss 38 . Judgment is entered in favor of the defendants and against the plaintiffs, and the plaintiffs complaint is dismissed without prejudice. Ordered by Senior Judge Warren K. Urbom. (MKR) (Entered: 07/17/2012)

July 17, 2012

July 17, 2012

PACER
40

NOTICE OF APPEAL regarding Judgment, Terminated Case,, 39, Order on Motion to Dismiss 38 by Attorney Katherine J. Spohn on behalf of Plaintiffs Sister Mary Catherine, CK, Catholic Mutual Relief Society of America, Catholic Social Services, Stacy Molai, Pius X Catholic High School, Bill Schuette, State of Florida, State of Nebraska, State of Ohio, State of Oklahoma, State of South Carolina, State of Texas. Filing fee $ 455, receipt number 0867-2345384. (Spohn, Katherine) (Entered: 09/14/2012)

Sept. 14, 2012

Sept. 14, 2012

PACER
41

REQUEST FOR TRANSCRIPT before Senior Judge Warren K. Urbom No (Spohn, Katherine) (Entered: 09/14/2012)

Sept. 14, 2012

Sept. 14, 2012

PACER
42

MOTION CHANGE INDIVIDUAL PLAINTIFFS SURNAME by Attorney Katherine J. Spohn on behalf of Plaintiffs Sister Mary Catherine, CK, Catholic Mutual Relief Society of America, Catholic Social Services, Stacy Molai, Pius X Catholic High School, Bill Schuette, State of Florida, State of Nebraska, State of Ohio, State of Oklahoma, State of South Carolina, State of Texas.(Spohn, Katherine) (Entered: 09/20/2012)

Sept. 20, 2012

Sept. 20, 2012

PACER
43

MEMORANDUM AND ORDER granting 42 Motion to Change Individual Plaintiff's Surname. The clerk shall modify the docket to reflect that the name of individual Plaintiff Stacy Molai has been changed to Thomlison. Ordered by Magistrate Judge Cheryl R. Zwart. (MKR) (Entered: 09/24/2012)

Sept. 21, 2012

Sept. 21, 2012

PACER
44

NOTIFICATION OF APPEAL AND NOA SUPPLEMENT by Clerk to USCA regarding Notice of Appeal to USCA, 40, Judgment 39, Memorandum and Order on Motion to Dismiss 38 . Notice of Appeal filed on 9/14/2012 by Plaintiffs Sister Mary Catherine, CK, Catholic Mutual Relief Society of America, Catholic Social Services, Pius X Catholic High School, Bill Schuette, State of Florida, State of Nebraska, State of Ohio, State of Oklahoma, State of South Carolina, State of Texas, Stacy Thomlison. (MKR) (Entered: 09/24/2012)

Sept. 24, 2012

Sept. 24, 2012

PACER
45

SCHEDULING LETTER from USCA - 8th Circuit [12-3238] as to Notice of Appeal to USCA, 40 . (Attachments: # 1 letter)(MKR) (Entered: 09/25/2012)

1 letter

View on PACER

Sept. 25, 2012

Sept. 25, 2012

PACER
46

COPY of Judgment from USCA - 8th Circuit [12-3238] Appellants' motion to dismiss the appeal is granted. The appeal is hereby dismissed in accordance with the Federal Rules of Appellate Procedure 49b0. The court's mandate shall issue forthwith. (MKR) (Entered: 08/21/2013)

Aug. 21, 2013

Aug. 21, 2013

Clearinghouse
47

MANDATE/JUDGMENT from USCA - 8th Circuit [12-3238] In accordance with the judgment of 08/21/2013, and pursuant to the provisions of Federal Rule of Appellate Procedure 41(a), the formal mandate is hereby issued in the above- styled matter regarding Notice of Appeal to USCA, 40 . (MKR) (Entered: 08/21/2013)

Aug. 21, 2013

Aug. 21, 2013

PACER

Case Details

State / Territory: Nebraska

Case Type(s):

Speech and Religious Freedom

Special Collection(s):

Contraception Insurance Mandate

Multi-LexSum (in sample)

Key Dates

Filing Date: Feb. 23, 2012

Closing Date: Aug. 21, 2013

Case Ongoing: No

Plaintiffs

Plaintiff Description:

7 States (Nebraska, South Carolina, Texas, Ohio, Florida, Oklahoma, and Michigan) and various Catholic organizations and individuals

Plaintiff Type(s):

Private Plaintiff

State Plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

United States Department of Health and Human Services, Federal

Defendant Type(s):

Hospital/Health Department

Case Details

Causes of Action:

42 U.S.C. § 1983

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

Constitutional Clause(s):

Free Exercise Clause

Freedom of speech/association

Availably Documents:

Trial Court Docket

Complaint (any)

Non-settlement Outcome

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Source of Relief:

None

Issues

General:

Contraception

Religious programs / policies

Discrimination-basis:

Religion discrimination