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: June 30, 2014

Clearinghouse coding complete

Case Summary

On Sept. 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 relie…

On Sept. 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. That is, the Court decided to hear the case not via ordinary panel process, with rehearing en banc as a subsequent possibility, but rather initially in front of all the circuit's judges. 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 violate 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).

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.

Summary Authors

Hannah Swanson (7/18/2013)

Tifani Sadek (11/28/2013)

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 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)

Briscoe, Mary Beck (Kansas)

Ebel, David M. (Colorado)

Ginsburg, Ruth Bader (District of Columbia)

Gorsuch, Neil M. (Colorado)

Hartz, Harris L. (New Mexico)

Heaton, Joe L. (Oklahoma)

Kelly, Paul Joseph Jr. (New Mexico)

Lucero, Carlos F. (Colorado)

Judge(s)

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

Bacharach, Robert Edwin (Oklahoma)

Briscoe, Mary Beck (Kansas)

Ebel, David M. (Colorado)

Ginsburg, Ruth Bader (District of Columbia)

Gorsuch, Neil M. (Colorado)

Hartz, Harris L. (New Mexico)

Heaton, Joe L. (Oklahoma)

Kelly, Paul Joseph Jr. (New Mexico)

Lucero, Carlos F. (Colorado)

Matheson, Scott Milne Jr. (Utah)

Sotomayor, Sonia (District of Columbia)

Tymkovich, Timothy M. (Colorado)

Attorneys(s) for Plaintiff

Baxter, Eric S. (District of Columbia)

Duncan, S. Kyle (District of Columbia)

Ensminger, Derek B (Oklahoma)

Geister, Charles E. III (Oklahoma)

Goodrich, Luke W. (District of Columbia)

Keim, Adele A. (District of Columbia)

Rienzi, Mark (District of Columbia)

Windham, Lori H. (District of Columbia)

Attorneys(s) for Defendant

Bennett, Michelle Renee (District of Columbia)

Coats, Sanford (District of Columbia)

Delery, Stuart F. (District of Columbia)

Gershengorn, Ian Heath (District of Columbia)

Klein, Alisa B. (District of Columbia)

Lieber, Sheila M. (District of Columbia)

Ricketts, Jennifer (District of Columbia)

Stern, Marc (District of Columbia)

Other Attorney(s)

Amiri, Brigitte A. (New York)

Blatt, Lisa Schiavo (District of Columbia)

Bordlee, Dorinda (Kentucky)

Clark, Stephan Robert (Missouri)

Colby, Kimberlee Wood (Virginia)

Connelly, Michael R. (Louisiana)

Davidow, Charles E. (District of Columbia)

Dewart, Deborah Jane (North Carolina)

Fitschen, Steven W. (Virginia)

Francisco, Noel (District of Columbia)

Gaylord, Scott W. (North Carolina)

Heil, CeCe (Virginia)

Henderson, Brady Ross (Oklahoma)

Khan, Ayesha N. (District of Columbia)

Kiesel, Ryan (Oklahoma)

Lester, Andrew W. (Oklahoma)

Lipper, Gregory M. (District of Columbia)

Mach, Daniel (District of Columbia)

Manion, Francis J (Kentucky)

Mylar, Frank D. (Utah)

Nikas, Nikolas T. (Arizona)

Pahmer, Michele L. (New York)

Perkins, Martha Jane (North Carolina)

Piller, B. Robert (New York)

Pruitt, E. Scott (Oklahoma)

Rogers, Charles Stephen (Oklahoma)

Roth, Stuart J. (District of Columbia)

Sauer, Dean John (District of Columbia)

Schneider, Bruce Harvey (New York)

Sekulow, Jay Alan (District of Columbia)

Short, Catherine Wynne (California)

Smith, Mailee Rebecca (District of Columbia)

Thompson, Angela Christine (California)

Vaughn, Carrie L. (Oklahoma)

White, Edward L. III (Michigan)

Wyrick, Patrick Robert (Oklahoma)

Zimmerman, Erik M. (Kentucky)

Documents in the Clearinghouse

Document

Docket [PACER]

May 27, 2015 Docket
1

Verified Complaint

Sept. 12, 2012 Complaint
6

Plaintiffs' Motion for Preliminary Injunction and Opening Brief in Support

Sept. 12, 2012 Pleading / Motion / Brief
36

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

Oct. 15, 2012 Order/Opinion
46

Plaintiffs' Notice of Appeal

Nov. 19, 2012 Notice Letter
45

Order [Denying Plaintiffs' Motion for Preliminary Injunction]

870 F.Supp.2d 1278

Nov. 19, 2012 Order/Opinion
54

Joint Motion to Stay District Court Proceedings Pending Appeal

Dec. 10, 2012 Pleading / Motion / Brief
55

Order [Granting Joint Motion to Stay Pending Appeal]

Dec. 12, 2012 Order/Opinion
56

Order [Denying Motion for Injunction Pending Appeal]

U. S. Court of Appeals for the Tenth Circuit

2012 WL 6930302

Dec. 20, 2012 Order/Opinion

Order Denying Injunction Pending Appellate Review

Supreme Court of the United States

133 S.Ct. 641, 184 L.Ed.2d 448

Dec. 26, 2012 Order/Opinion

Resources

Title Description External URL

Burwell v. Hobby Lobby Stores, Inc.

Americans United for Separation of Church and State

As part of the Affordable Care Act's implementing regulations, group health plans are required to include coverage for various forms of preventative care, including all FDA-approved methods of contra… July 7, 2017 https://www.au.org/...

Docket

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

Last updated May 11, 2022, 8 p.m.

ECF Number Description Date Link
1

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

Sept. 12, 2012 PACER
2

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)

Sept. 12, 2012 PACER
3

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

Sept. 12, 2012 PACER
4

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

Sept. 12, 2012 PACER
5

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

Sept. 12, 2012 PACER
6

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

Sept. 12, 2012 PACER
7

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

Sept. 12, 2012 PACER
8

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

Sept. 12, 2012 PACER
9

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

Sept. 12, 2012 PACER
10

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)

Sept. 12, 2012 PACER
11

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)

Sept. 12, 2012 PACER
12

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)

Sept. 12, 2012 PACER
13

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)

Sept. 12, 2012 PACER
14

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)

Sept. 12, 2012 PACER
15

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

Sept. 14, 2012 PACER
16

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

Sept. 14, 2012 PACER
17

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

Sept. 14, 2012 PACER
18

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

Sept. 28, 2012 PACER
19

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

Oct. 3, 2012 PACER
20

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)

Oct. 3, 2012 PACER
21

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

Oct. 3, 2012 PACER
22

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

Oct. 3, 2012 PACER
23

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

Oct. 3, 2012 PACER
24

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

Oct. 3, 2012 PACER
25

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)

Oct. 3, 2012 PACER
26

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)

Oct. 3, 2012 PACER
27

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

Oct. 4, 2012 PACER
28

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

Oct. 4, 2012 PACER
29

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)

Oct. 4, 2012 PACER
30

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

Oct. 9, 2012 PACER
31

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)

Oct. 10, 2012 PACER
32

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)

Oct. 10, 2012 PACER
33

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)

Oct. 11, 2012 PACER
34

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)

Oct. 11, 2012 PACER
35

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)

Oct. 11, 2012 PACER
36

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)

Oct. 15, 2012 PACER
37

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

Oct. 16, 2012 PACER
38

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

Oct. 17, 2012 PACER
39

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

Oct. 17, 2012 PACER
40

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)

Oct. 17, 2012 PACER
41

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

Oct. 22, 2012 PACER
42

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)

Oct. 29, 2012 PACER
43

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)

Nov. 1, 2012 PACER
44

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

Nov. 17, 2012 PACER
45

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)

Nov. 19, 2012 RECAP
46

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

Nov. 19, 2012 PACER
47

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)

Nov. 19, 2012 PACER
48

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)

Nov. 20, 2012 PACER
49

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)

Nov. 20, 2012 PACER
50

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

Nov. 28, 2012 PACER
51

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

Nov. 30, 2012 PACER
52

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)

Dec. 3, 2012 PACER
53

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)

Dec. 3, 2012 PACER
54

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

Dec. 10, 2012 PACER
55

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)

Dec. 12, 2012 PACER
56

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)

Dec. 20, 2012 PACER
57

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)

Dec. 31, 2012 PACER
58

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)

Jan. 2, 2013 PACER
59

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)

Jan. 3, 2013 PACER
60

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)

Jan. 4, 2013 PACER
61

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

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Jan. 8, 2013 PACER
62

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)

Jan. 8, 2013 PACER
63

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)

Jan. 10, 2013 PACER
64

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

Jan. 10, 2013 PACER
65

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

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June 27, 2013 PACER
66

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)

June 27, 2013 PACER
67

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)

June 27, 2013 PACER
68

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

June 27, 2013 PACER
69

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)

June 28, 2013 PACER

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)

June 28, 2013 PACER
70

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)

July 8, 2013 PACER
71

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

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July 10, 2013 PACER
72

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)

July 10, 2013 PACER
74

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)

July 10, 2013 PACER
73

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

July 11, 2013 PACER
75

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)

July 19, 2013 PACER
76

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)

July 19, 2013 PACER
77

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)

July 24, 2013 PACER
78

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)

Aug. 19, 2013 PACER
79

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

Sept. 17, 2013 PACER
80

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)

Sept. 18, 2013 PACER
81

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)

Sept. 18, 2013 PACER
82

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

Sept. 20, 2013 PACER
83

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

Sept. 23, 2013 PACER
84

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)

Sept. 24, 2013 PACER
85

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

Sept. 26, 2013 PACER
86

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)

Nov. 26, 2013 PACER
87

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

Jan. 10, 2014 PACER
88

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)

May 14, 2014 PACER
89

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

June 30, 2014 PACER
90

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)

Sept. 4, 2014 PACER
91

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)

Sept. 4, 2014 PACER
92

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)

Sept. 9, 2014 PACER
93

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

Sept. 26, 2014 PACER
94

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)

Sept. 29, 2014 PACER

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

Sept. 29, 2014 PACER
95

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)

Oct. 17, 2014 PACER
96

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)

Oct. 20, 2014 PACER
97

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

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2 Exhibit B

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3 Exhibit C

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4 Exhibit D

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Oct. 24, 2014 PACER
98

ORDER accordingly in light of the Supreme Court's decision in Burwell and the parties further submissions it is ordered that judgment will be entered in favor of Hobby Lobby Stores, Inc., and Mardel, Inc., and against defendants on the corporate plaintiffs' claims under the Religious Freedom Restoration Act...defendants, their employees, agents, and successors in office are permanently enjoined from enforcing against plaintiffs their employee health plain, group health coverage and/or plaintiffs' health insurance issuers and third-party administrators; all plaintiffs' remaining claims are dismissed without prejudice; as the prevailing parties are entitled to recover costs the parties are directed to confer to reach an agreement on attorney's fees and costs; if the parties are unable to reach an agreement plaintiffs may file a motion for attorney's fees and a bill of costs within 60 days of the entry of judgment...see order for specifics. Signed by Honorable Joe Heaton on 11/19/2014. (lam) (Main Document 98 replaced on 11/20/2014) (lam). (Entered: 11/19/2014)

Nov. 19, 2014 RECAP

State / Territory: Oklahoma

Case Type(s):

Speech and Religious Freedom

Special Collection(s):

Contraception Insurance Mandate

Key Dates

Filing Date: Sept. 12, 2012

Closing Date: June 30, 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):

Private Plaintiff

Closely-held (for profit) corporation

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

U.S. Dept. of Health and Human Services (Washington), Federal

U.S. Dept. of Labor (Washington), Federal

U.S. Dept. of the Treasury (Washington), 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)

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

Constitutional Clause(s):

Freedom of speech/association

Free Exercise Clause

Establishment Clause

Equal Protection

Due Process

Availably Documents:

Trial Court Docket

Complaint (any)

Non-settlement Outcome

Any published opinion

U.S. Supreme Court merits opinion

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Source of Relief:

Litigation

Content of Injunction:

Preliminary relief denied

Issues

General:

Contraception

Religious programs / policies

Discrimination-basis:

Religion discrimination

Type of Facility:

Non-government for profit