Case: Hobby Lobby v. Sebelius

5:12-cv-01000 | U.S. District Court for the Western District of Oklahoma

Filed Date: Sept. 12, 2012

Closed Date: Sept. 4, 2014

Clearinghouse coding complete

Case Summary

This case was about whether private companies were entitled to a religious exception to covering emergency contraception under the Affordable Care Act. Please note that this case was previously titled Sebelius v. Hobby Lobby Stores. Sylvia Burwell was automatically substituted as petitioner when she was approved by the U.S. Senate as the Secretary of Health and Human Services after being nominated by President Barack Obama to replace Kathleen Sebelius following Sebelius' resignation on Apr. 10,…

This case was about whether private companies were entitled to a religious exception to covering emergency contraception under the Affordable Care Act. Please note that this case was previously titled Sebelius v. Hobby Lobby Stores. Sylvia Burwell was automatically substituted as petitioner when she was approved by the U.S. Senate as the Secretary of Health and Human Services after being nominated by President Barack Obama to replace Kathleen Sebelius following Sebelius' resignation on Apr. 10, 2014.

On September 12, 2012, a family of evangelical Christian business owners filed a lawsuit in the U.S. District Court for the Western District of Oklahoma under the First Amendment, the Religious Freedom Restoration Act ("RFRA"), and the Administrative Procedures Act ("APA"), against the U.S. Departments of Health and Human Services, Labor, and Treasury. The plaintiffs, represented by private counsel and the Becket Fund for Religious Liberty, asked the court for both declaratory and injunctive relief, alleging that federal rules adopted pursuant to the 2010 Patient Protection and Affordable Care Act ("ACA") violated their sincerely held religious beliefs by requiring them to provide coverage for contraception through their companies' group health insurance plans. Specifically, the plaintiffs objected to the ACA rules requiring them to provide coverage for emergency contraception, which the plaintiffs considered an abortifacient. The plaintiffs did not object to other forms of contraception. Claiming that providing coverage for emergency contraception would both contravene their Christian faith and compel speech contrary to their beliefs, the plaintiffs sought an exemption from the ACA's contraception mandate for themselves and other business owners with similar religious objections.

On October 15, 2012, the District Court (Judge Joe Heaton) denied a group of current members of Congress leave to file an amicus curiae brief arguing for a broad application of RFRA. Judge Heaton found that the interests of the Congressmen coincided wholly with the interests of the plaintiffs, and that additional submissions addressing the application of RFRA were unnecessary.

In their brief opposing the injunction motion, filed October 22, 2012, the defendant Departments argued that the contraception mandate did not substantially burden the plaintiffs' religious liberty rights under RFRA, and that, regardless of the burden's magnitude, the regulations were the least restrictive means of advancing the government's compelling interests in public health and gender equality. The brief further argued that the mandate did not violate the plaintiff's religious freedom because it was a neutral law of general applicability. On November 19, 2012, the District Court (Judge Heaton) denied the plaintiffs' motion for a preliminary injunction, finding that secular, for-profit corporations such as Hobby Lobby did not have a constitutional right to religious freedom, and that the individual plaintiffs were not likely to prevail because the mandate was a neutral law of general applicability that was reasonably related to a legitimate government purpose. The Court further found that indirect financial support of subjectively objectionable conduct was not a substantial burden on the plaintiffs' religious freedom. Hobby Lobby v. Sebelius, 870 F. Supp. 2d 1278 (W.D. Okla. 2012).

The plaintiffs appealed the injunction denial to the 10th Circuit. On December 12, 2012, District Court Judge Heaton granted the defendants' joint motion to stay the district court proceedings pending the 10th Circuit appeal. On December 20, 2012, the Court of Appeals (Judge Carlos F. Lucero and Judge David M. Ebel) denied the plaintiffs' motion for an injunction pending appeal on the same grounds as the District Court's injunction denial. Hobby Lobby v. Sebelius, 2012 WL 6930302 (10th Cir.).

Following this denial, the plaintiffs applied to the Circuit Justice for the 10th Circuit Court of Appeals, Justice Sonia Sotomayor, for an injunction pending appellate review. On December 26, 2012, Justice Sotomayor denied this application, finding that the plaintiffs' entitlement to injunctive relief was not indisputably clear. Hobby Lobby v. Sebelius, 133 S.Ct. 641 (2012).

On March 29, 2013, the 10th Circuit granted initial and expedited en banc review. Oral arguments occurred May 23, 2013.On June 27, 2013, the 10th Circuit, en banc, reversed the District Court's injunction denial, finding that the plaintiffs were entitled to bring RFRA claims; that they had established a likelihood of successfully proving that the contraception mandate substantially burdened their RFRA rights; and that they had demonstrated irreparable harm. The 10th Circuit sent the case back to the District Court, asking the lower court to address two remaining prongs of the injunction inquiry (balance of equities and the effect on the public interest) and to decide whether to grant or deny the plaintiffs' motion for an injunction. Hobby Lobby Stores, Inc. v. Sebelius, 723 F.3d 1114, 2013 WL 3216103 (10th Cir. en banc). The plaintiffs immediately filed an emergency motion asking the District Court to grant a temporary injunction pending the full injunction hearing. The District Court (Judge Heaton) granted this motion on June 28, 2013, followed up by a longer-lasting order on July 19, 2013 WL 3869832.

The government sought certiorari review of the 10th Circuit decision in the Supreme Court; cert was granted on November 26, 2013. The Supreme Court consolidated this case with Conestoga Wood Specialties v. Sebelius, a similar case from the Eastern District of Pennsylvania. On June 30, 2014, the Supreme Court affirmed. In 5-4 opinion by Justice Alito, the Court held that the HHS regulations imposing the contraceptive mandate violated RFRA, when applied to closely-held for-profit corporations. The Court emphasized, however, that alternative methods for meeting the government's asserted interest were available. To quote the syllabus (which summarizes the opinion), "the Government could, e.g., assume the cost of providing the four contraceptives to women unable to obtain coverage due to their employers' religious objections. Or it could extend the accommodation that HHS has already established for religious nonprofit organizations to non-profit employers with religious objections to the contraceptive mandate. That accommodation does not impinge on the plaintiffs' religious beliefs that providing insurance coverage for the contraceptives at issue here violates their religion and it still serves HHS's stated interests." In addition, the Court insisted that its opinion was narrow: "This decision concerns only the contraceptive mandate and should not be understood to hold that all insurance-coverage mandates, e.g., for vaccinations or blood transfusions, must necessarily fall if they conflict with an employer's religious beliefs. Nor does it provide a shield for employers who might cloak illegal discrimination as a religious practice."

Justice Ginsburg wrote the dissent, joined by Justices Breyer, Sotomayor, and Kagan (although Breyer and Kagan did not sign on to a few pages of the dissent that argued that for-profit corporations lacked rights under RFRA; they said this issue need not yet be decided). 

Following the Supreme Court's decision, the case returned to the district court. On November 19, 2014, the court entered judgment in favor of Hobby Lobby, and the defendants were permanently enjoined from enforcing the contraceptive mandate against Hobby Lobby. On September 4, 2014, the Tenth Circuit dismissed the government’s appeal of the District Court’s preliminary injunction, as the Supreme Court had addressed the relevant issues. The case is now closed.

Summary Authors

Hannah Swanson (7/18/2013)

Tifani Sadek (11/28/2013)

Clearinghouse (6/30/2014)

Related Cases

Newland v. Sebelius, District of Colorado (2012)

Weingartz Supply Co. v. Sebelius, Eastern District of Michigan (2012)

Triune Health Group, Inc. v. U.S. Dep't of Health and Human Servs., Northern District of Illinois (2012)

Conestoga Wood Specialties Corp. v. Sebelius, Eastern District of Pennsylvania (2012)

Sioux Chief MFG. Co, Inc. v. Sebelius, Western District of Missouri (2013)

Hall v. Sebelius, District of Minnesota (2013)

Ozinga v. Sebelius, Northern District of Illinois (2013)

Beckwith v. Sebelius, Middle District of Florida (2013)

Eden Foods v. Sebelius, Eastern District of Michigan (2013)

Hartenbower v. United States Department of Health and Human Services, Northern District of Illinois (2013)

Holland v. Sebelius, Southern District of West Virginia (2013)

Ave Maria University v. Sebelius, Middle District of Florida (2013)

Midwest Fastener Corp. v. Sebelius, District of District of Columbia (2013)

Randy Reed Automotive v. Sebelius, Western District of Missouri (2013)

Doboszenski & Sons, Inc. v. Sebelius, District of Minnesota (2013)

Stinson Electric, Inc. v. Sebelius, District of Minnesota (2014)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/5023638/parties/hobby-lobby-stores-inc-v-sebelius/


Judge(s)

Alito, Samuel A. Jr. (District of Columbia)

Bacharach, Robert Edwin (Oklahoma)

Attorney for Plaintiff

Baxter, Eric S. (District of Columbia)

Attorney for Defendant

Bennett, Michelle Renee (District of Columbia)

Expert/Monitor/Master/Other

Amiri, Brigitte A. (New York)

Documents in the Clearinghouse

Documents in this case

5:12-cv-01000

Docket [PACER]

May 27, 2015

May 27, 2015

Docket
1

5:12-cv-01000

Verified Complaint

Sept. 12, 2012

Sept. 12, 2012

Complaint
6

5:12-cv-01000

Plaintiffs' Motion for Preliminary Injunction and Opening Brief in Support

Sept. 12, 2012

Sept. 12, 2012

Pleading / Motion / Brief
36

5:12-cv-01000

Order [Denying Members of Congress Leave to File Amicus Brief]

Oct. 15, 2012

Oct. 15, 2012

Order/Opinion
45

5:12-cv-01000

Order [Denying Plaintiffs' Motion for Preliminary Injunction]

Nov. 19, 2012

Nov. 19, 2012

Order/Opinion

870 F.Supp.2d 1278

46

5:12-cv-01000

Plaintiffs' Notice of Appeal

Nov. 19, 2012

Nov. 19, 2012

Pleading / Motion / Brief
54

5:12-cv-01000

Joint Motion to Stay District Court Proceedings Pending Appeal

Dec. 10, 2012

Dec. 10, 2012

Pleading / Motion / Brief
55

5:12-cv-01000

Order [Granting Joint Motion to Stay Pending Appeal]

Dec. 12, 2012

Dec. 12, 2012

Order/Opinion
56

5:12-cv-01000

12-06294

Order [Denying Motion for Injunction Pending Appeal]

U.S. Court of Appeals for the Tenth Circuit

Dec. 20, 2012

Dec. 20, 2012

Order/Opinion

2012 WL 6930302

12-A-00644

Order Denying Injunction Pending Appellate Review

Supreme Court of the United States

Dec. 26, 2012

Dec. 26, 2012

Order/Opinion

133 S.Ct. 641

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/5023638/hobby-lobby-stores-inc-v-sebelius/

Last updated April 7, 2025, 3:09 p.m.

ECF Number Date Description Link
1 Sept. 12, 2012

COMPLAINT against All Defendants filed by Steve Green, David Green, Darsee Lett, Mardel Inc, Barbara Green, Hobby Lobby Stores Inc, Mart Green. (Attachments: # 1 Civil Cover Sheet)(pw) (Entered: 09/12/2012)

1 Civil Cover Sheet

View on PACER

Clearinghouse
2 Sept. 12, 2012

Summons Issued Electronically as to Timothy F Geithner, Kathleen Sebelius, Hilda Solis, United States Department of Health and Human Services, United States Department of Labor, United States Department of the Treasury. (pw) (Entered: 09/12/2012)

RECAP
3 Sept. 12, 2012

ENTRY of Appearance by Charles E Geister, III on behalf of All Plaintiffs (Geister, Charles) (Entered: 09/12/2012)

RECAP
4 Sept. 12, 2012

ENTRY of Appearance by Derek B Ensminger on behalf of All Plaintiffs (Ensminger, Derek) (Entered: 09/12/2012)

RECAP
5 Sept. 12, 2012

NOTICE OF RELATED OR COMPANION CASE by All Plaintiffs (Geister, Charles) (Entered: 09/12/2012)

RECAP
6 Sept. 12, 2012

MOTION for Preliminary Injunction and Opening Brief in Support by All Plaintiffs. (Attachments: # 1 Exhibit 1 - Order [Dkt#30] USDC Colorado)(Geister, Charles) (Entered: 09/12/2012)

1 Exhibit 1 - Order [Dkt#30] USDC Colorado

View on PACER

Clearinghouse
7 Sept. 12, 2012

MOTION for Leave to Appear Pro Hac Vice of Eric S. Baxter by All Plaintiffs. (Attachments: # 1 Exhibit 1 - Request for Admission)(Geister, Charles) (Entered: 09/12/2012)

1 Exhibit 1 - Request for Admission

View on PACER

RECAP
8 Sept. 12, 2012

MOTION for Leave to Appear Pro Hac Vice of Lori H. Windham by All Plaintiffs. (Attachments: # 1 Exhibit 1 - Request for Admission)(Geister, Charles) (Entered: 09/12/2012)

1 Exhibit 1 - Request for Admission

View on PACER

RECAP
9 Sept. 12, 2012

MOTION for Leave to Appear Pro Hac Vice of S. Kyle Duncan by All Plaintiffs. (Attachments: # 1 Exhibit 1 - Request for Admission)(Geister, Charles) (Entered: 09/12/2012)

1 Exhibit 1 - Request for Admission

View on PACER

RECAP
10 Sept. 12, 2012

ORDER granting 7 Eric S. Baxter, Esq.'s motion for leave to appear pro hac vice as counsel for plaintiffs. Signed by Honorable Joe Heaton on 09/12/2012. (lam) (Entered: 09/12/2012)

RECAP
11 Sept. 12, 2012

ORDER granting 8 Lori H. Windham, Esq.'s motion for leave to appear pro hac vice as counsel for plaintiffs. Signed by Honorable Joe Heaton on 09/12/2012. (lam) (Entered: 09/12/2012)

RECAP
12 Sept. 12, 2012

ORDER granting 9 S. Kyle Duncan, Esq.'s motion for leave to appear pro hac vice as counsel for plaintiffs. Signed by Honorable Joe Heaton on 09/12/2012. (lam) (Entered: 09/12/2012)

RECAP
13 Sept. 12, 2012

Receipt for Money Received from Hartzog Conger Cason Neville on behalf of All Plaintiffs in the amount of $350.00, receipt number OKW500027306 regarding 1 Complaint. (cpp) (Entered: 09/12/2012)

RECAP
14 Sept. 12, 2012

Receipt for Money Received from All Plaintiffs in the amount of $150.00, receipt number OKW500027311 regarding 12 Order on Motion to Appear Pro Hac Vice, 11 Order on Motion to Appear Pro Hac Vice, 10 Order on Motion to Appear Pro Hac Vice (kr) (Entered: 09/12/2012)

RECAP
15 Sept. 14, 2012

ENTRY of Appearance by Stuart K Duncan on behalf of All Plaintiffs (Duncan, Stuart) (Entered: 09/14/2012)

RECAP
16 Sept. 14, 2012

ENTRY of Appearance by Lori H Windham on behalf of All Plaintiffs (Windham, Lori) (Entered: 09/14/2012)

RECAP
17 Sept. 14, 2012

ENTRY of Appearance by Eric S Baxter on behalf of All Plaintiffs (Baxter, Eric) (Entered: 09/14/2012)

RECAP
18 Sept. 28, 2012

MOTION to Expedite by All Plaintiffs. (Baxter, Eric) (Entered: 09/28/2012)

RECAP
19 Oct. 3, 2012

SUMMONS RETURNED EXECUTED by All Plaintiffs. Kathleen Sebelius served on 10/1/2012. (Baxter, Eric) (Entered: 10/03/2012)

RECAP
20 Oct. 3, 2012

SUMMONS RETURNED EXECUTED by All Plaintiffs. United States Department of Health and Human Services served on 10/1/2012. (Baxter, Eric) (Entered: 10/03/2012)

RECAP
21 Oct. 3, 2012

SUMMONS RETURNED EXECUTED by All Plaintiffs. Hilda Solis served on 10/1/2012. (Baxter, Eric) (Entered: 10/03/2012)

RECAP
22 Oct. 3, 2012

SUMMONS RETURNED EXECUTED by All Plaintiffs. United States Department of Labor served on 10/1/2012. (Baxter, Eric) (Entered: 10/03/2012)

RECAP
23 Oct. 3, 2012

SUMMONS RETURNED EXECUTED by All Plaintiffs. Timothy F Geithner served on 10/2/2012. (Baxter, Eric) (Entered: 10/03/2012)

RECAP
24 Oct. 3, 2012

SUMMONS RETURNED EXECUTED by All Plaintiffs. United States Department of the Treasury served on 10/2/2012. (Baxter, Eric) (Entered: 10/03/2012)

RECAP
25 Oct. 3, 2012

SUMMONS RETURNED EXECUTED as to Non-Party for summonses and complaint served on Eric Holder, U.S. Attorney General on 10/01/2012, filed by Plaintiffs Barbara Green, David Green, Mart Green, Steve Green, Hobby Lobby Stores Inc, Darsee Lett, Mardel Inc. (Baxter, Eric) (Entered: 10/03/2012)

RECAP
26 Oct. 3, 2012

SUMMONS RETURNED EXECUTED as to Non-Party for summonses and complaint served on Sanford Coats, U.S. Attorney for the Western District of Oklahoma on 10/03/2012, filed by Plaintiffs Barbara Green, David Green, Mart Green, Steve Green, Hobby Lobby Stores Inc, Darsee Lett, Mardel Inc. (Baxter, Eric) (Entered: 10/03/2012)

RECAP
27 Oct. 4, 2012

RESPONSE to Motion re 18 MOTION to Expedite filed by All Defendants. (Bennett, Michelle) (Entered: 10/04/2012)

RECAP
28 Oct. 4, 2012

ENTRY of Appearance by Michelle R Bennett on behalf of All Defendants (Bennett, Michelle) (Entered: 10/04/2012)

RECAP
29 Oct. 4, 2012

ENTER ORDER...setting plaintiffs' motion 6 for preliminary injunction for hearing on 10/24/2012 @ 10:00 a.m., in Courtroom No. 304 before Honorable Joe Heaton; Defendants' response to plaintiffs' motion 6 is due for filing on 10/22/2012. Signed by Honorable Joe Heaton on 10/04/2012. (lam) (Entered: 10/04/2012)

RECAP
30 Oct. 9, 2012

UNOPPOSED MOTION to Continue hearing on motion for preliminary injunction by All Defendants. (Bennett, Michelle) (Entered: 10/09/2012)

RECAP
31 Oct. 10, 2012

ORDER granting 30 the government's unopposed motion for continuance...the hearing on plaintiffs' motion for preliminary injunction 6 is CONTINUED to 10/30/2012 @ 9:00 a.m., in Courtroom No. 304. Signed by Honorable Joe Heaton on 10/10/2012. (lam) (Entered: 10/10/2012)

RECAP
32 Oct. 10, 2012

CORRECTED ORDER continuing hearing on plaintiffs' motion 6 for preliminary injunction to: 11/1/2012 @ 09:00 AM in Courtroom 304 before Honorable Joe Heaton. Signed by Honorable Joe Heaton on 10/10/2012. (lam) (Entered: 10/10/2012)

RECAP
33 Oct. 11, 2012

AMICUS CURIAE APPEARANCE entered by Andrew W Lester on behalf of Orrin G Hatch, Daniel R Coats, Thad Cochran, Mike Crapo, Charles Grassley, James M Inhofe, Mitch McConnell, Pat Roberts, Richard Shelby, Wally Herger, Dan Burton, Donald Manzullo, John Mica, Lamar Smith. (Lester, Andrew) (Entered: 10/11/2012)

RECAP
34 Oct. 11, 2012

UNOPPOSED MOTION to File Amicus Brief by Dan Burton, Daniel R Coats, Thad Cochran, Mike Crapo, Charles Grassley, Orrin G Hatch, Wally Herger, James M Inhofe, Donald Manzullo, Mitch McConnell, John Mica, Pat Roberts, Richard Shelby, Lamar Smith. (Lester, Andrew) (Entered: 10/11/2012)

RECAP
35 Oct. 11, 2012

ENTRY of Appearance by Carrie L Vaughn on behalf of Dan Burton, Daniel R Coats, Thad Cochran, Mike Crapo, Charles Grassley, Orrin G Hatch, Wally Herger, James M Inhofe, Donald Manzullo, Mitch McConnell, John Mica, Pat Roberts, Richard Shelby, Lamar Smith (Vaughn, Carrie) (Entered: 10/11/2012)

RECAP
36 Oct. 15, 2012

ORDER denying 34 various currently serving Members of Congress' motion for leave to file an amicus brief...see order for specifics. Signed by Honorable Joe Heaton on 10/15/2012. (lam) (Entered: 10/15/2012)

Clearinghouse
37 Oct. 16, 2012

MOTION for Leave to File Excess Pages by All Defendants. (Bennett, Michelle) (Entered: 10/16/2012)

RECAP
38 Oct. 17, 2012

MEMORANDUM in Opposition re 37 MOTION for Leave to File Excess Pages filed by All Plaintiffs. (Baxter, Eric) (Entered: 10/17/2012)

RECAP
39 Oct. 17, 2012

REPLY to Response to Motion re 37 MOTION for Leave to File Excess Pages filed by All Defendants. (Bennett, Michelle) (Entered: 10/17/2012)

RECAP
40 Oct. 17, 2012

ORDER granting 37 defendants' motion for leave to file response brief not exceeding 40 pages; and granting plaintiffs' request for additional pages and their reply brief may be up to 25 pages in length. Signed by Honorable Joe Heaton on 10/17/2012. (lam) (Entered: 10/17/2012)

RECAP
41 Oct. 22, 2012

RESPONSE in Opposition re 6 MOTION for Preliminary Injunction and Opening Brief in Support filed by All Defendants. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Bennett, Michelle) (Entered: 10/22/2012)

1 Exhibit 1

View on PACER

2 Exhibit 2

View on PACER

RECAP
42 Oct. 29, 2012

REPLY by Plaintiffs Barbara Green, David Green, Mart Green, Steve Green, Hobby Lobby Stores Inc, Darsee Lett, Mardel Inc re 41 Response in Opposition to Motion filed by All Plaintiffs. (Duncan, Stuart) (Entered: 10/29/2012)

RECAP
43 Nov. 1, 2012

Minute Entry for proceedings held before Honorable Joe Heaton...hearing held on plaintiffs' motion for preliminary injunction 6 ; arguments from counsel heard; court to enter written order. (Court Reporter Jeanne Ring) (lam) (Entered: 11/01/2012)

RECAP
44 Nov. 17, 2012

NOTICE (other) by All Plaintiffs re 6 MOTION for Preliminary Injunction and Opening Brief in Support (Attachments: # 1 Exhibit A)(Baxter, Eric) (Entered: 11/17/2012)

1 Exhibit A

View on PACER

RECAP
45 Nov. 19, 2012

ORDER denying 6 plaintiffs' motion for preliminary injunction...see order for specifics. Signed by Honorable Joe Heaton on 11/19/2012. (lam) (Entered: 11/19/2012)

Clearinghouse
46 Nov. 19, 2012

NOTICE OF APPEAL as to 45 Order on Motion for Preliminary Injunction by All Plaintiffs. Filing fee $ 455. (Duncan, Stuart) (Entered: 11/19/2012)

Clearinghouse
47 Nov. 19, 2012

PRELIMINARY RECORD LETTER - Electronic Transmission of Notice of Appeal with Preliminary Record sent to Tenth Circuit Court of Appeals re 46 Notice of Appeal (pw) (Entered: 11/20/2012)

RECAP
48 Nov. 20, 2012

USCA Appeal Fee received in the amount of $ 455, receipt number OKW500028848, re 46 Notice of Appeal filed by Mart Green, Hobby Lobby Stores Inc, Steve Green, Barbara Green, Mardel Inc, David Green, Darsee Lett (pw) (Entered: 11/20/2012)

RECAP
49 Nov. 20, 2012

Tenth Circuit Court of Appeals USCA Case Number 12-6294 for 46 Notice of Appeal filed by Mart Green, Hobby Lobby Stores Inc, Steve Green, Barbara Green, Mardel Inc, David Green, Darsee Lett. (pw) (Entered: 11/20/2012)

RECAP
50 Nov. 28, 2012

TRANSCRIPT REQUEST by All Plaintiffs for proceedings held on 11/01/2012 before Judge Joe Heaton.. (Duncan, Stuart) (Entered: 11/28/2012)

RECAP
51 Nov. 30, 2012

UNOPPOSED MOTION for Extension of Time to Respond to Complaint by All Defendants. (Bennett, Michelle) (Entered: 11/30/2012)

RECAP
52 Dec. 3, 2012

TRANSCRIPT Order Form re 46 Notice of Appeal that transcripts are necessary. See order form for dates and proceedings. Estimated completion date December 27, 2012. (jr, ) (Entered: 12/03/2012)

RECAP
53 Dec. 3, 2012

ORDER granting 51 defendants' unopposed motion for extension of time...defendants shall file their answer or other responsive pleading to plaintiffs complaint not later than 12/13/2012. Signed by Honorable Joe Heaton on 12/03/2012. (lam) (Entered: 12/03/2012)

RECAP
54 Dec. 10, 2012

JOINT MOTION to Stay Case Pending Appeal by All Defendants. (Bennett, Michelle) (Entered: 12/10/2012)

Clearinghouse
55 Dec. 12, 2012

ORDER granting 54 the parties' motion motion to stay...further proceedings in this case are stayed pending resolution of plaintiff's appeal to the Tenth Circuit Court of Appeals or further order of the court. Signed by Honorable Joe Heaton on 12/12/2012. (lam) (Entered: 12/12/2012)

Clearinghouse
56 Dec. 20, 2012

ORDER of USCA - The motion for an injunction pending appeal is denied as to 46 Notice of Appeal filed by Mart Green, Hobby Lobby Stores Inc, Steve Green, Barbara Green, Mardel Inc, David Green, Darsee Lett (pw) (Entered: 12/20/2012)

Clearinghouse
57 Dec. 31, 2012

NOTICE OF FILING OF OFFICIAL TRANSCRIPT before Judge Joe Heaton, re 46 Notice of Appeal Court Reporter B. Jeanne Ring, RDR, Telephone number 405 820-2067. Transcript of: Motion for Preliminary Injunction Volume: I of I Transcript may be viewed at the court 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 PACER. Redaction Request due 1/22/2013. Redacted Transcript Deadline set for 1/31/2013. Release of Transcript Restriction set for 4/1/2013. (jr, ) (Entered: 12/31/2012)

RECAP
58 Jan. 2, 2013

TRANSCRIPT LETTER advising transcripts have been electronically filed. re 46 Notice of Appeal filed by Mart Green, Hobby Lobby Stores Inc, Steve Green, Barbara Green, Mardel Inc, David Green, Darsee Lett. The record is ready for appeal purposes. (kw, ) (Entered: 01/02/2013)

RECAP
59 Jan. 3, 2013

CIVIL STATUS CONFERENCE DOCKET: Scheduling Conference set for 2/5/2013 @ 09:30 AM in Chambers before Honorable Joe Heaton. Status Report due by 1/28/2013. (lam) (Entered: 01/03/2013)

RECAP
60 Jan. 4, 2013

ENTER ORDER the civil status conference 59 set before the court on 02/05/2013 is STRICKEN. Signed by Honorable Joe Heaton on 01/04/2013. (lam) (Entered: 01/04/2013)

RECAP
61 Jan. 8, 2013

MOTION for Leave to Appear Pro Hac Vice of Adele Auxier Keim by All Plaintiffs. (Attachments: # 1 Exhibit 1 - Request for Admission)(Geister, Charles) (Entered: 01/08/2013)

1 Exhibit 1 - Request for Admission

View on PACER

RECAP
62 Jan. 8, 2013

Receipt for Money Received from All Plaintiffs in the amount of $50.00, receipt number OKW500029811 regarding 61 MOTION for Leave to Appear Pro Hac Vice of Adele Auxier Keim (pw) (Entered: 01/08/2013)

RECAP
63 Jan. 10, 2013

ORDER granting 61 Adele Auxier Keim, Esq., leave to appear pro hac vice as counsel for plaintiffs. Signed by Honorable Joe Heaton on 01/10/2013. (lam) (Entered: 01/10/2013)

RECAP
64 Jan. 10, 2013

ENTRY of Appearance by Adele A Keim on behalf of All Plaintiffs (Keim, Adele) (Entered: 01/10/2013)

RECAP
65 June 27, 2013

USCA OPINION Reversed and Remanded to District Court of Western District of Oklahoma as to 46 Notice of Appeal filed by Mart Green, Hobby Lobby Stores Inc, Steve Green, Barbara Green, Mardel Inc, David Green, Darsee Lett (Attachments: # 1 Attachment Letter from Tenth Circuit Court of Appeals)(pw) (Entered: 06/27/2013)

1 Attachment Letter from Tenth Circuit Court of Appeals

View on PACER

RECAP
66 June 27, 2013

USCA JUDGMENT Reserved and Remanded to US District Court of Western District of Oklahoma as to 46 Notice of Appeal filed by Mart Green, Hobby Lobby Stores Inc, Steve Green, Barbara Green, Mardel Inc, David Green, Darsee Lett (pw) (Entered: 06/27/2013)

RECAP
67 June 27, 2013

MANDATE ISSUED From USCA 46 Notice of Appeal filed by Mart Green, Hobby Lobby Stores Inc, Steve Green, Barbara Green, Mardel Inc, David Green, Darsee Lett (pw) (Entered: 06/27/2013)

RECAP
68 June 27, 2013

EMERGENCY MOTION for Preliminary Injunction by All Plaintiffs. (Duncan, Stuart) (Entered: 06/27/2013)

RECAP
June 28, 2013

Set/Reset Hearings: hearing on plaintiffs' motion 68 for preliminary injunction set: 07/19/2013 @ 09:00 AM in Courtroom 304 Honorable Joe Heaton per order 69 . (lam) (Entered: 06/28/2013)

PACER
69 June 28, 2013

ORDER granting 68 plaintiffs' emergency motion for temporary restraining order pending hearing on plaintiffs' motion for preliminary injunction; party seeking leave to offer additional evidence shall do so by motion and brief by 07/03/2013...any response to such motion shall be filed by 07/10/2013; hearing on plaintiffs' for preliminary injunction is set 07/19/2013 at 9:00 a.m., in Courtroom No. 304 before the Honorable Joe Heaton. Signed by Honorable Joe Heaton on 06/28/2013. (lam) (Entered: 06/28/2013)

Clearinghouse
June 28, 2013

Set/Reset Hearings: hearing on plaintiffs' motion 68 for preliminary injunction set: 07/19/2013 @ 09:00 AM in Courtroom 304 Honorable Joe Heaton per order 69 . (lam)

70 July 8, 2013

MOTION for Order to file a Brief in support of Plaintiff's Motion for Preliminary Injunction by Amicus Curiae Eric Rasmusen. (pw) (Entered: 07/08/2013)

RECAP
71 July 10, 2013

MOTION for Leave to Appear Pro Hac Vice for Mark L. Rienzi by All Plaintiffs. (Attachments: # 1 Exhibit 1 - Request for Admission)(Geister, Charles) (Entered: 07/10/2013)

1 Exhibit 1 - Request for Admission

View on PACER

RECAP
72 July 10, 2013

ORDER granting 71 Mark L. Rienzi, Esq., leave to appear pro hac vice for plaintiffs. Signed by Honorable Joe Heaton on 07/10/2013. (lam) (Entered: 07/10/2013)

RECAP
74 July 10, 2013

Receipt for Money Received from All Plaintiffs in the amount of $50.00, receipt number OKW500033682 regarding 71 MOTION for Leave to Appear Pro Hac Vice for Mark L. Rienzi (pw) (Entered: 07/11/2013)

RECAP
73 July 11, 2013

ENTRY of Appearance by Mark L Rienzi on behalf of All Plaintiffs (Rienzi, Mark) (Entered: 07/11/2013)

RECAP
75 July 19, 2013

Minute Entry for proceedings held before the Honorable Joe Heaton...hearing held on plaintiffs' emergency motion 68 for preliminary injunction; counsel for the parties present; court hears oral argument; plaintiffs' motion 68 is granted and this proceeding is STAYED until 10/01/2013; written order to follow. (Court Reporter Jeanne Ring) (lam) (Entered: 07/19/2013)

RECAP
76 July 19, 2013

ORDER granting 68 plaintiffs' motion for issuance of a preliminary injunction...defendants, their agents, officers and employees are enjoined and restrained from any effort to apply or enforce as to plaintiffs, the substantive requirements imposed in 42:300gg-12(a)(4) and at issue in this case, or the penalties related thereto until further order of the court; as agreed by the parties further proceedings in this case are stayed until 10/01/2013...see order for further specifics. Signed by Honorable Joe Heaton on 07/19/2013. (lam) (Entered: 07/19/2013)

Clearinghouse
77 July 24, 2013

NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on July 19, 2013 before Judge Joe Heaton. Court Reporter: B. Jeanne Ring, RDR, Telephone number 405 820-2067. Transcript of: Motion for Preliminary Injunction Volume: I of I Transcript may be viewed at the court 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 PACER. Redaction Request due 8/14/2013. Redacted Transcript Deadline set for 8/26/2013. Release of Transcript Restriction set for 10/22/2013. (jr, ) (Entered: 07/24/2013)

RECAP
78 Aug. 19, 2013

ENTER ORDER...in light of the order previously entered by the court the motion of Eric Rasmussen for leave to file an amicus brief in support of plaintiffs' preliminary injuction 70 is stricken as moot. Signed by Honorable Joe Heaton on 08/19/2013. (lam) (Entered: 08/19/2013)

RECAP
79 Sept. 17, 2013

NOTICE OF APPEAL as to 76 Order on Motion for Order,, by All Defendants. (Bennett, Michelle) (Entered: 09/17/2013)

RECAP
80 Sept. 18, 2013

PRELIMINARY RECORD LETTER - Electronic Transmission of Notice of Appeal with Preliminary Record sent to Tenth Circuit Court of Appeals re 79 Notice of Appeal, 76 Order on Motion for Order. (pw) (Entered: 09/18/2013)

RECAP
81 Sept. 18, 2013

Tenth Circuit Court of Appeals USCA Case Number 13-6215 for 79 Notice of Appeal filed by United States Department of the Treasury, Timothy F Geithner, Hilda Solis, Kathleen Sebelius, United States Department of Health and Human Services, United States Department of Labor. (pw) (Entered: 09/18/2013)

RECAP
82 Sept. 20, 2013

PETITION FOR WRIT OF CERTIORARI re Supreme Court Number:13-354 (pw) (Entered: 09/20/2013)

RECAP
83 Sept. 23, 2013

JOINT MOTION to Stay Case by All Defendants. (Bennett, Michelle) (Entered: 09/23/2013)

RECAP
84 Sept. 24, 2013

ORDER granting 83 the parties' joint motion to extend the stay previously entered based on the government's filing of a petition for writ of certiorari that seeks Supreme Court review of the 10th Circuit's 06/27/2013 en bac decision...this case is STAYED pending the Supreme Court's disposition of the government's petition. Signed by Honorable Joe Heaton on 09/24/2013. (lam) (Entered: 09/24/2013)

RECAP
85 Sept. 26, 2013

ORDER of USCA granting Unopposed Motion to Hold Apeal in Abeyance. See order for specifics. (pw) (Entered: 09/26/2013)

RECAP
86 Nov. 26, 2013

ORDER of USCA as to 79 Notice of Appeal - Order filed by Clerk of the Court (DEC) continuing abatement. Status report(s) due 05/12/2014 by Hobby Lobby Stores, Inc., et al. and Kathleen Sebelius, et al. However, if there are any developments in the Supreme Court that would affect the need for continued abatement of this case, the parties are under an obligation to advise the court as soon as reasonably possible. (kw, ) (Entered: 11/27/2013)

Clearinghouse
87 Jan. 10, 2014

USCA LETTER response to request for a certiorari record re 79 Notice of Appeal (pw) (Entered: 01/14/2014)

RECAP
88 May 14, 2014

ORDER of USCA continuing abatement. Status report due 7/14/14 as to 79 Notice of Appeal filed by United States Department of the Treasury, Timothy F Geithner, Hilda Solis, Kathleen Sebelius, United States Department of Health and Human Services, United States Department of Labor (pw) (Entered: 05/14/2014)

RECAP
89 June 30, 2014

Opinion Letter re Supreme Court Number:13-354 (pw) (Entered: 07/01/2014)

Clearinghouse
90 Sept. 4, 2014

ORDER of USCA dismissing case as to 79 Notice of Appeal filed by United States Department of the Treasury, Timothy F Geithner, Hilda Solis, Kathleen Sebelius, United States Department of Health and Human Services, United States Department of Labor (pw) (Entered: 09/05/2014)

Clearinghouse
91 Sept. 4, 2014

USCA MANDATE Issued dismissing case re 79 Notice of Appeal filed by United States Department of the Treasury, Timothy F Geithner, Hilda Solis, Kathleen Sebelius, United States Department of Health and Human Services, United States Department of Labor (pw) (Entered: 09/05/2014)

Clearinghouse
92 Sept. 9, 2014

CIVIL STATUS CONFERENCE DOCKET: Scheduling Conference set for 10/7/2014 @ 11:20 AM in Chambers before Honorable Joe Heaton. Status Report due by 9/29/2014. (lam) (Entered: 09/09/2014)

RECAP
93 Sept. 26, 2014

JOINT MOTION to Strike 92 Docket Status Hearing by All Plaintiffs. (Rienzi, Mark) (Entered: 09/26/2014)

RECAP
94 Sept. 29, 2014

ORDER granting 93 the parties' joint motion for order striking status conference...the 10/07/2014 conference is stricken as is the required joint status report; the parties are directed to file by 10/17/2014 a joint proposed injunction and judgment or if agreement as to disposition of the case cannot be reached, their joint proposal for further proceedings in the case. Signed by Honorable Joe Heaton on 09/29/2014. (lam) (Entered: 09/29/2014)

RECAP
Sept. 29, 2014

Per order 94 the 10/07/2014 civil status conference is stricken. (lam)

95 Oct. 17, 2014

STATUS REPORT (Jointly filed) by Defendants Timothy F Geithner, Kathleen Sebelius, Hilda Solis, United States Department of Health and Human Services, United States Department of Labor, United States Department of the Treasury. (Bennett, Michelle) (Entered: 10/17/2014)

RECAP
96 Oct. 20, 2014

ORDER directing parties to file by 10/24/2014 a further joint status report setting out their respective positions as to the judgment to be entered. Signed by Honorable Joe Heaton on 10/20/2014. (lam) (Entered: 10/20/2014)

RECAP
97 Oct. 24, 2014

STATUS REPORT (Jointly filed) by Defendants Timothy F Geithner, Kathleen Sebelius, Hilda Solis, United States Department of Health and Human Services, United States Department of Labor, United States Department of the Treasury. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Bennett, Michelle) (Entered: 10/24/2014)

1 Exhibit A

View on PACER

2 Exhibit B

View on PACER

3 Exhibit C

View on PACER

4 Exhibit D

View on PACER

RECAP

Case Details

State / Territory:

Oklahoma

Case Type(s):

Speech and Religious Freedom

Special Collection(s):

Contraception Insurance Mandate

Multi-LexSum (in sample)

Key Dates

Filing Date: Sept. 12, 2012

Closing Date: Sept. 4, 2014

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Plaintiffs are a family of evangelical Christians who own and operate Hobby Lobby Stores, Inc., a retail business headquartered in Oklahoma City. Plaintiffs also own and operate Mardel, Inc., a bookstore and education company headquartered in Hobby Lobby's Oklahoma City complex. Due to their religious beliefs, Plaintiffs oppose the use of contraception.

Plaintiff Type(s):

Closely-held (for profit) corporation

Private Plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Federal

U.S. Dept. of Health and Human Services

U.S. Dept. of Labor

U.S. Dept. of the Treasury

Defendant Type(s):

Hospital/Health Department

Facility Type(s):

Non-government for-profit

Case Details

Causes of Action:

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

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

Constitutional Clause(s):

Due Process

Equal Protection

Establishment Clause

Freedom of speech/association

Free Exercise Clause

Other Dockets:

Western District of Oklahoma 5:12-cv-01000

U.S. Court of Appeals for the Tenth Circuit 12-06294

Supreme Court of the United States 12A644

U.S. Court of Appeals for the Tenth Circuit 13-06215

Supreme Court of the United States 13-354

Supreme Court of the United States 13-356

Available Documents:

Any published opinion

Complaint (any)

Non-settlement Outcome

Trial Court Docket

U.S. Supreme Court merits opinion

Outcome

Prevailing Party: Defendant

Relief Granted:

Injunction / Injunctive-like Settlement

Source of Relief:

Litigation

Content of Injunction:

Preliminary relief denied

Issues

General/Misc.:

Religious programs / policies

Discrimination Basis:

Religion discrimination

Reproductive rights:

Contraception

Recommended Citation