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Case: Annex Medical, Inc. v. Sebelius

0:12-cv-02804 | U.S. District Court for the District of Minnesota

Filed Date: Nov. 2, 2012

Closed Date: 2015

Clearinghouse coding complete

Case Summary

On November 2, 2012, two (unrelated) Catholic business owners filed this lawsuit in the U.S. District Court for the District of Minnesota. The plaintiffs alleged violations of the First Amendment, the Religious Freedom Restoration Act ("RFRA"), and the Administrative Procedures Act ("APA") by the U.S. Departments of Health and Human Services, Labor, and the Treasury. The plaintiffs, represented by private counsel and the ActRight Legal Foundation, asked the court for both declaratory and injun…

On November 2, 2012, two (unrelated) Catholic business owners filed this lawsuit in the U.S. District Court for the District of Minnesota. The plaintiffs alleged violations of the First Amendment, the Religious Freedom Restoration Act ("RFRA"), and the Administrative Procedures Act ("APA") by the U.S. Departments of Health and Human Services, Labor, and the Treasury. The plaintiffs, represented by private counsel and the ActRight Legal Foundation, 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 religious freedom by requiring them to provide coverage for contraception through their companies' group health insurance plans. Claiming that each of the two options available to them under the rules--providing contraceptive coverage or ceasing to provide insurance altogether--would contravene their Catholic faith, the plaintiffs sought an exemption from the ACA's contraception mandate for themselves and other business owners with similar religious objections. Plaintiff Annex Medical terminated their employees' group health coverage as a result of their objection to contraceptive coverage.

On December 27, 2012, the court granted the ACLU leave to appear as amicus curiae for purposes of the motion for preliminary injunction only. In its brief opposing the injunction motion, the ACLU argued--as did the U.S.--that the contraception mandate did not substantially burden the plaintiffs' religious liberty rights under RFRA. The amicus brief further argued that the plaintiffs could not use RFRA to infringe on the rights of their female employees by denying those employees the equal health benefits guaranteed by the contraception mandate.

On January 8, 2013, the District Court (Judge David S. Doty) denied the plaintiffs' motion for a preliminary injunction, finding that indirect financial support of subjectively objectionable conduct was not a substantial burden on the plaintiffs' religious freedom, and that the government's interest in providing for the health of women and children outweighed the plaintiffs' alleged harm. Annex Medical v. Sebelius, 2013 WL 101927 (D. Minn.).

The plaintiffs appealed the injunction denial to the 8th Circuit and filed an emergency motion for a preliminary injunction pending appeal. On January 17, 2013, District Court Judge Doty denied this emergency motion on the same grounds as his original injunction denial. 2013 WL 203526 (D. Minn.). The parties filed a joint motion to stay the district court proceedings pending the 8th Circuit appeal, which Judge Doty granted on January 25, 2013; a week later, the Court of Appeals enjoined the U.S. from enforcing the mandate against the plaintiffs for the duration of the appeal.

On March 1, 2013, the Court of Appeals denied the defendants' motion to consolidate the appeal with appeal No. 12-3357 (O'Brien v. HHS). The case was argued on October 24, 2013. On September 5, 2014, the Court of Appeals dismissed plaintiff Tom Janas, former business owner, from the appeal for lack of standing. (769 F.3d 578) For plaintiff Annex Medical and majority shareholder Stuart Lind, the Court remanded the case to the District Court for additional consideration of subject-matter jurisdiction. Since plaintiff Annex Medical had fewer than 50 employees, they were not legally mandated to provide health insurance coverage. The injury they alleged is that the defendants have created a regulatory framework causing them to be unable to find an insurer that will sell insurance to them without contraceptive coverage. The Court of Appeals found that the District Court needed to conduct additional fact-finding to make this determination.

On August 18, 2015, the District Court granted the plaintiffs leave to file an amended complaint, and the plaintiffs made changes to address a regulatory update in the federal government's formulation of the contraceptives mandate, setting out their continued objection to health insurance that provided contraceptive coverage for their employees, even if provided by the government working with the insurer. On August 19, 2015, the District Court granted a permanent injunction, with consent of the defendants, against enforcement of the version of the contraception mandate that existed when the Supreme Court decided Hobby Lobby v. Sebelius, on June 30, 2014. The version of the mandate the Court ruled on in Hobby Lobby did not give for-profit employers an option to object based on religious grounds. The decision did not preclude the plaintiffs from bringing suit under later versions of the mandate, including the accommodation for closely-held for-profit religious corporations that was issued by the federal government on July 14, 2015. On October 13, 2015, the District Court granted additional time for the plaintiffs to file a motion for attorneys' fees and costs.

The case is ongoing.

Summary Authors

Hannah Swanson (3/10/2013)

Richard Jolly (4/5/2014)

Kate Craddock (3/28/2016)

Related Cases

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

Hall v. Sebelius, District of Minnesota (2013)

Bick Holdings Inc. v. Sebelius, Eastern District of Missouri (2013)

Daniel Medford v. Sebelius, District of Minnesota (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 attrorneys, see: https://www.courtlistener.com/docket/5067738/parties/annex-medical-inc-v-solis/


Judge(s)

Doty, David Singleton (Minnesota)

Rau, Steven E. (Minnesota)

Riley, William Jay (Nebraska)

Attorneys(s) for Plaintiff

Johnson, Noel H. (Indiana)

Kaardal, Erick G. (Minnesota)

Kester, Zac S. (Indiana)

Phillips, Kaylan L. (Indiana)

Attorneys(s) for Defendant

Bennett, Michelle Renee (District of Columbia)

Berwick, Benjamin Leon (District of Columbia)

Bildtsen, Ann M (Minnesota)

Judge(s)

Doty, David Singleton (Minnesota)

Rau, Steven E. (Minnesota)

Riley, William Jay (Nebraska)

Attorneys(s) for Plaintiff

Johnson, Noel H. (Indiana)

Kaardal, Erick G. (Minnesota)

Kester, Zac S. (Indiana)

Phillips, Kaylan L. (Indiana)

Attorneys(s) for Defendant

Bennett, Michelle Renee (District of Columbia)

Berwick, Benjamin Leon (District of Columbia)

Bildtsen, Ann M (Minnesota)

Humphreys, Bradley Philip (District of Columbia)

Other Attorney(s)

Amiri, Brigitte A. (New York)

Nelson, Teresa (New York)

Pentelovitch, William Z. (Minnesota)

Schaffer, Haley N (Minnesota)

Documents in the Clearinghouse

Document

0:12-cv-02804

Docket

Oct. 13, 2015

Oct. 13, 2015

Docket
1

0:12-cv-02804

Verified Complaint for Declaratory and Injunctive Relief

Nov. 2, 2012

Nov. 2, 2012

Complaint
9

0:12-cv-02804

Memorandum in Support of Motion for Preliminary Injunction

Nov. 21, 2012

Nov. 21, 2012

Pleading / Motion / Brief
37

0:12-cv-02804

Order Denying Preliminary Injunction

Jan. 8, 2013

Jan. 8, 2013

Order/Opinion
39

0:12-cv-02804

Notice of Appeal

Jan. 11, 2013

Jan. 11, 2013

Notice Letter
42

0:12-cv-02804

Memorandum in Support of Emergency Motion for Injunction Pending Appeal

Jan. 11, 2013

Jan. 11, 2013

Pleading / Motion / Brief
50

0:12-cv-02804

Order Denying PI Pending Appeal

Jan. 17, 2013

Jan. 17, 2013

Order/Opinion
53

0:12-cv-02804

Order Granting Stay of District Court Proceedings Pending Appeal

Jan. 25, 2013

Jan. 25, 2013

Order/Opinion
59

0:12-cv-02804

13-01118

Appeal from United States District Court for the District of Minnesota-Minneapolis

U. S. Court of Appeals for the Eighth Circuit

Sept. 5, 2014

Sept. 5, 2014

Order/Opinion
62

0:12-cv-02804

Appeal from the United States District Court for the District of Minnesota-Minneapolis

U. S. Court of Appeals for the Eighth Circuit

Oct. 6, 2014

Oct. 6, 2014

Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/5067738/annex-medical-inc-v-solis/

Last updated Nov. 29, 2022, 3:15 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against Timothy Geithner, Kathleen Sebelius, Hilda Solis, United States Department of Health and Human Services, United States Department of Labor, United States Department of the Treasury ( Filing fee $ 350 receipt number 4068965.) assigned to Judge David S. Doty per Civil Rights Other referred to Magistrate Judge Steven E. Rau, filed by Stuart Lind, Annex Medical, Inc., Tom Janas. (Attachments: # 1 Civil Cover Sheet) (jz) (Entered: 11/02/2012)

1 Civil Cover Sheet

View on PACER

Nov. 2, 2012

Nov. 2, 2012

PACER

Summons Issued as to Timothy Geithner, Kathleen Sebelius, Hilda Solis, United States Department of Health and Human Services, United States Department of Labor, United States Department of the Treasury, U.S. Attorney and U.S. Attorney General. (jz)

Nov. 2, 2012

Nov. 2, 2012

PACER
2

MOTION for Admission Pro Hac Vice for Kaylan L. Phillips. Filing fee $ 100, receipt number 0864-3355330 by Annex Medical, Inc., Tom Janas, Stuart Lind. (Kaardal, Erick) (Entered: 11/12/2012)

Nov. 12, 2012

Nov. 12, 2012

PACER
3

MOTION for Admission Pro Hac Vice for Zac S. Kester. Filing fee $ 100, receipt number 0864-3355334 by Annex Medical, Inc., Tom Janas, Stuart Lind. (Kaardal, Erick) (Entered: 11/12/2012)

Nov. 12, 2012

Nov. 12, 2012

PACER
4

MOTION for Admission Pro Hac Vice for Noel H. Johnson. Filing fee $ 100, receipt number 0864-3355337 by Annex Medical, Inc., Tom Janas, Stuart Lind. (Kaardal, Erick) (Entered: 11/12/2012)

Nov. 12, 2012

Nov. 12, 2012

PACER
5

RULE 7.1 DISCLOSURE STATEMENT. There is no parent corporation, publicly held corporation or wholly-owned subsidiary to report for Plaintiffs Annex Medical, Inc., Tom Janas, Stuart Lind. (Kaardal, Erick) (Entered: 11/13/2012)

Nov. 13, 2012

Nov. 13, 2012

PACER

TEXT ONLY ENTRY-ORDER granting 2 3 4 Motions for Admission Pro Hac Vice of Attorneys Kaylan L Phillips,Zac S. Kester,Noel H. Johnson for Annex Medical, Inc.,Tom Janas,Stuart Lind. Fees paid; receipt numbers 0864-3355330, 0864-3355334, 0864-3355337. Approved by Magistrate Judge Steven E. Rau on 11/14/2012. (MAP)

Nov. 14, 2012

Nov. 14, 2012

PACER
6

ORDER In Re Dispositive-Motion Practice. Signed by Senior Judge David S. Doty on 11/15/2012. (CLB) (Entered: 11/15/2012)

Nov. 15, 2012

Nov. 15, 2012

PACER
7

MOTION for Preliminary Injunction by Annex Medical, Inc., Tom Janas, Stuart Lind. (Kaardal, Erick) (Entered: 11/21/2012)

Nov. 21, 2012

Nov. 21, 2012

PACER
8

NOTICE OF HEARING ON MOTION 7 MOTION for Preliminary Injunction : Motion Hearing set for 1/4/2013 09:00 AM in Courtroom 14W (MPLS) before Senior Judge David S. Doty. (Kaardal, Erick) (Entered: 11/21/2012)

Nov. 21, 2012

Nov. 21, 2012

PACER
9

MEMORANDUM in Support re 7 MOTION for Preliminary Injunction filed by Annex Medical, Inc., Tom Janas, Stuart Lind. (Attachments: # 1 LR7.1/LR72.2 Word Count Compliance Certificate)(Kaardal, Erick) (Entered: 11/21/2012)

1 LR7.1/LR72.2 Word Count Compliance Certificate

View on PACER

Nov. 21, 2012

Nov. 21, 2012

PACER
10

Declaration of Father John Echert in Support of 7 MOTION for Preliminary Injunction filed by Annex Medical, Inc., Tom Janas, Stuart Lind. (Kaardal, Erick) (Entered: 11/21/2012)

Nov. 21, 2012

Nov. 21, 2012

PACER
11

Declaration of Stuart Lind in Support of 7 MOTION for Preliminary Injunction filed by Annex Medical, Inc., Tom Janas, Stuart Lind. (Kaardal, Erick) (Entered: 11/21/2012)

Nov. 21, 2012

Nov. 21, 2012

PACER
12

CERTIFICATE OF SERVICE ON PROPOSED ORDER by Annex Medical, Inc., Tom Janas, Stuart Lind re 7 MOTION for Preliminary Injunction (Kaardal, Erick) (Entered: 11/21/2012)

Nov. 21, 2012

Nov. 21, 2012

PACER
13

EXHIBITS A1-A2 re 11 Declaration in Support Stuart Lind Declaration Exhibits filed by All Plaintiffs. (Attachments: # 1 Exhibit B, # 2 Exhibit C, # 3 Exhibit D)(Kaardal, Erick) Modified text on 11/26/2012 (MMP). (Entered: 11/23/2012)

1 Exhibit B

View on PACER

2 Exhibit C

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3 Exhibit D

View on PACER

Nov. 23, 2012

Nov. 23, 2012

PACER
14

MOTION for Admission Pro Hac Vice for Bradley Philip Humphreys by Timothy Geithner, Kathleen Sebelius, Hilda Solis, United States Department of Health and Human Services, United States Department of Labor. (Bildtsen, Ann) (Entered: 11/27/2012)

Nov. 27, 2012

Nov. 27, 2012

PACER

TEXT ONLY ENTRY-ORDER granting 14 Motion for Admission of U.S. Government Attorney Bradley Philip Humphreys for Timothy Geithner,Kathleen Sebelius, Hilda Solis,United States Department of Health and Human Services,United States Department of Labor. Fee waived. Approved by Magistrate Judge Steven E. Rau on 11/27/2012. (MAP)

Nov. 27, 2012

Nov. 27, 2012

PACER
15

SUMMONS Returned Executed by Stuart Lind, Annex Medical, Inc., Tom Janas. Timothy Geithner served on 11/7/2012, answer due 01/07/2013; Kathleen Sebelius served on 11/7/2012, answer due 01/07/2013; Hilda Solis served on 11/7/2012, answer due 01/07/2013; United States Department of Health and Human Services served on 11/7/2012, answer due 01/07/2013; United States Department of Labor served on 11/7/2012, answer due 01/07/2013; United States Department of the Treasury served on 11/7/2012, answer due 01/07/2013. (Kaardal, Erick) Modified on 12/12/2012 (TSS). (Entered: 12/10/2012)

Dec. 10, 2012

Dec. 10, 2012

PACER
16

ORDER setting procedures and filing deadlines re parties seeking to file an amicus brief on the issue of whether the court should enter a preliminary injunction.(Written Opinion). Signed by Senior Judge David S. Doty on 12/10/2012. (PJM) (Entered: 12/10/2012)

Dec. 10, 2012

Dec. 10, 2012

RECAP
17

RESPONSE in Opposition re 7 MOTION for Preliminary Injunction filed by Timothy Geithner, Kathleen Sebelius, Hilda Solis, United States Department of Health and Human Services, United States Department of Labor, United States Department of the Treasury. (Humphreys, Bradley) (Entered: 12/12/2012)

Dec. 12, 2012

Dec. 12, 2012

PACER
18

NOTICE of Appearance by Haley N Schaffer on behalf of American Civil Liberties Union of Minnesota, American Civil Liberties Union. (Schaffer, Haley) (Entered: 12/14/2012)

Dec. 14, 2012

Dec. 14, 2012

PACER
19

NOTICE of Appearance by William Z Pentelovitch on behalf of American Civil Liberties Union, American Civil Liberties Union of Minnesota. (Pentelovitch, William) (Entered: 12/14/2012)

Dec. 14, 2012

Dec. 14, 2012

PACER
20

MOTION to Appear as Amicus Curiae, MOTION Leave to File Amicus Curiae Brief and Leave to Appear and Be Heard at Oral Argument by American Civil Liberties Union, American Civil Liberties Union of Minnesota. (Schaffer, Haley) (Entered: 12/14/2012)

Dec. 14, 2012

Dec. 14, 2012

PACER
21

NOTICE OF MOTION by American Civil Liberties Union, American Civil Liberties Union of Minnesota re 20 MOTION to Appear as Amicus Curiae MOTION Leave to File Amicus Curiae Brief and Leave to Appear and Be Heard at Oral Argument. Date and time of hearing to be determined. (Schaffer, Haley) Modified text on 12/17/2012 (MMP). (Entered: 12/14/2012)

Dec. 14, 2012

Dec. 14, 2012

PACER
22

MEMORANDUM in Support re 20 MOTION to Appear as Amicus Curiae MOTION Leave to File Amicus Curiae Brief and Leave to Appear and Be Heard at Oral Argument filed by American Civil Liberties Union, American Civil Liberties Union of Minnesota. (Attachments: # 1 LR7.1/LR72.2 Word Count Compliance Certificate)(Schaffer, Haley) (Entered: 12/14/2012)

1 LR7.1/LR72.2 Word Count Compliance Certificate

View on PACER

Dec. 14, 2012

Dec. 14, 2012

PACER
23

AFFIDAVIT of Haley N. Schaffer in SUPPORT OF 20 MOTION to Appear as Amicus Curiae MOTION Leave to File Amicus Curiae Brief and Leave to Appear and Be Heard at Oral Argument filed by American Civil Liberties Union, American Civil Liberties Union of Minnesota. (Attachments: # 1 Exhibit(s) A, (2) COMPLIANCE CERTIFICATE RELATING TO AMICUS CURIAE BRIEF OF THE AMERICAN CIVIL LIBERTIES UNION AND THE AMERICAN CIVIL LIBERTIES UNION OF MINNESOTA IN OPPOSITION TO PLAINTIFFS MOTION FOR PRELIMINARY INJUNCTION(Schaffer, Haley) Modified text on 12/17/2012 (MMP). Modified text on 12/19/2012 (MMP). (Entered: 12/14/2012)

1 Exhibit(s) A

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2 LR7.1/LR72.2 Word Count Compliance Certificate

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Dec. 14, 2012

Dec. 14, 2012

PACER
24

TEXT ONLY ENTRY: Notice re: Non-Admitted AttorneyWe have received documents listing Brigitte Amiri as counsel of record. If he or she wishes to be listed as an attorney of record in this case, he or she must be admitted to the bar of the U.S. District Court of Minnesota in accordance with Local Rule 83.5 (a), (b) and (c) or temporarily admitted pro hac vice in accordance with Local Rule 83.5 (d) or (e).For more admissions information and forms, please see the Attorney Forms Section of the courts website at href=http://www.mnd.uscourts.gov/FORMS/court_forms.shtml#attorneyforms. (MMP) (Entered: 12/14/2012)

Dec. 14, 2012

Dec. 14, 2012

PACER
25

MOTION for Admission Pro Hac Vice for Brigitte Amiri. Filing fee $ 100, receipt number 0864-3389140 by American Civil Liberties Union, American Civil Liberties Union of Minnesota. (Attachments: # 1 Certificate of Service)(Nelson, Teresa) (Entered: 12/14/2012)

1 Certificate of Service

View on PACER

Dec. 14, 2012

Dec. 14, 2012

PACER

TEXT ONLY ENTRY-ORDER granting 25 Motion for Admission Pro Hac Vice of Attorney Brigitte Amiri for American Civil Liberties Union,American Civil Liberties Union of Minnesota. Fee paid; receipt number 0864-3389140. Approved by Magistrate Judge Steven E. Rau on 12/20/2012. (MAP)

Dec. 20, 2012

Dec. 20, 2012

PACER
26

REPLY re 7 MOTION for Preliminary Injunction Reply Memorandum in Support of Motion for Preliminary Injunction filed by All Plaintiffs. (Attachments: # 1 LR7.1/LR72.2 Word Count Compliance Certificate)(Kaardal, Erick) (Entered: 12/21/2012)

1 LR7.1/LR72.2 Word Count Compliance Certificate

View on PACER

Dec. 21, 2012

Dec. 21, 2012

PACER
27

Supplemental Declaration of Stuart Lind in Support of 26 Reply filed by All Plaintiffs. (Kaardal, Erick) (Entered: 12/21/2012)

Dec. 21, 2012

Dec. 21, 2012

PACER
28

Declaration of Erick G. Kaardal in Support of 26 Reply filed by All Plaintiffs. (Attachments: # 1 Exhibit(s) A)(Kaardal, Erick) (Entered: 12/21/2012)

1 Exhibit(s) A

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Dec. 21, 2012

Dec. 21, 2012

PACER
29

MEMORANDUM in Opposition re 20 MOTION to Appear as Amicus Curiae MOTION Leave to File Amicus Curiae Brief and Leave to Appear and Be Heard at Oral Argument filed by All Plaintiffs. (Attachments: # 1 LR7.1/LR72.2 Word Count Compliance Certificate)(Kaardal, Erick) (Entered: 12/21/2012)

1 LR7.1/LR72.2 Word Count Compliance Certificate

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Dec. 21, 2012

Dec. 21, 2012

PACER
30

DECLARATION of Erick G. Kaardal in Opposition to 20 MOTION to Appear as Amicus Curiae MOTION Leave to File Amicus Curiae Brief and Leave to Appear and Be Heard at Oral Argument filed by All Plaintiffs. (Attachments: # 1 Exhibit(s) A, # 2 Exhibit(s) B)(Kaardal, Erick) (Entered: 12/21/2012)

1 Exhibit(s) A

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2 Exhibit(s) B

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Dec. 21, 2012

Dec. 21, 2012

PACER
31

ORDER granting in part 20 Motion to Appear as Amicus Curiae (Written Opinion). Signed by Senior Judge David S. Doty on 12/27/2012. (PJM) (Entered: 12/27/2012)

Dec. 27, 2012

Dec. 27, 2012

RECAP
32

NOTICE OF SUPPLEMENTAL AUTHORITY by Timothy Geithner, Kathleen Sebelius, Hilda Solis, United States Department of Health and Human Services, United States Department of Labor, United States Department of the Treasury re 7 MOTION for Preliminary Injunction of Supplemental Authority WITH ATTACHED CERTIFICATE OF SERVICE (Attachments: # 1 Exhibit(s) Hobby Lobby Stores, Inc. v. Sebelius - 10th Cir. Order, # 2 Exhibit(s) Hobby Lobby Stores, Inc. v. Sebelius - Justice Sotomayor In Chambers Decision, # 3 Exhibit(s) Autocam Corp. v. Sebelius - Opinion and Order Denying Mot. for Prelim. Inj., # 4 Exhibit(s) Grote Indus., Inc. v. Sebelius - Order Denying Mot. for Prelim. Inj.)(Humphreys, Bradley) Modified text on 12/28/2012 (MMP). Modified on 12/28/2012 (MMP). (Entered: 12/28/2012)

1 Exhibit(s) Hobby Lobby Stores, Inc. v. Sebelius - 10th Cir. Order

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2 Exhibit(s) Hobby Lobby Stores, Inc. v. Sebelius - Justice Sotomayor In Chambers

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3 Exhibit(s) Autocam Corp. v. Sebelius - Opinion and Order Denying Mot. for Prelim

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4 Exhibit(s) Grote Indus., Inc. v. Sebelius - Order Denying Mot. for Prelim. Inj.

View on PACER

Dec. 28, 2012

Dec. 28, 2012

PACER
33

TEXT ONLY ENTRY - Minute Entry for proceedings held before Senior Judge David S. Doty: Appearances: Erick Kaardal for plaintiffs; Bradley Humphreys for Sebelius; William Pentelovitch for American Civil Liberties Union. Motion Hearing held on 1/4/2013 re 7 MOTION for Preliminary Injunction filed by Stuart Lind, Annex Medical, Inc. & Tom Janas - argued and taken under advisement. Order forthcoming. (Court Reporter Staci Heichert) (CLB) (Entered: 01/04/2013)

Jan. 4, 2013

Jan. 4, 2013

PACER
34

First MOTION for Extension of Time to File Answer re 1 Complaint, by Timothy 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 Attachment Filed in Error-LR7.1/LR72.2 Word Count Compliance Certificate, # 2 Attachment Filed in Error-Exhibit(s) Proposed Order)(Humphreys, Bradley) Modified text on 1/8/2013 (jz). (Entered: 01/04/2013)

1 Attachment Filed in Error-LR7.1/LR72.2 Word Count Compliance Certificate

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2 Attachment Filed in Error-Exhibit(s) Proposed Order

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Jan. 4, 2013

Jan. 4, 2013

PACER
35

NOTICE OF HEARING ON MOTION 34 First MOTION for Extension of Time to File Answer re 1 Complaint, : at date and time to be determined. (Humphreys, Bradley) (Entered: 01/04/2013)

Jan. 4, 2013

Jan. 4, 2013

PACER
36

MEET and CONFER STATEMENT re 34 Motion for Extension of Time to File Answer, filed by Timothy Geithner, Kathleen Sebelius, Hilda Solis, United States Department of Health and Human Services, United States Department of Labor, United States Department of the Treasury. (Humphreys, Bradley) (Entered: 01/07/2013)

Jan. 7, 2013

Jan. 7, 2013

PACER
37

ORDER denying 7 Motion for Preliminary Injunction (Written Opinion). Signed by Senior Judge David S. Doty on 1/8/2013. (PJM) (Entered: 01/08/2013)

Jan. 8, 2013

Jan. 8, 2013

RECAP
38

JUDGMENT (Attachments: # 1 Civil Notice - appeal)(jz) (Entered: 01/08/2013)

1 Civil Notice - appeal

View on PACER

Jan. 8, 2013

Jan. 8, 2013

PACER
39

NOTICE OF APPEAL TO 8TH CIRCUIT as to 37 Order on Motion for Preliminary Injunction, 38 Judgment by Annex Medical, Inc., Tom Janas, Stuart Lind. Filing fee $ 455, receipt number 0864-3410911. (Kaardal, Erick) (Entered: 01/11/2013)

Jan. 11, 2013

Jan. 11, 2013

PACER
40

DOCUMENT FILED IN ERROR-Emergency MOTION for Preliminary Injunction Pending Appeal - Expedited Handling Requested by Annex Medical, Inc., Tom Janas, Stuart Lind. (Kaardal, Erick) Modified text on 1/11/2013 (jz). (Entered: 01/11/2013)

Jan. 11, 2013

Jan. 11, 2013

PACER
41

NOTICE OF HEARING ON MOTION 45 Emergency MOTION for Preliminary Injunction Pending Appeal - Expedited Handling Requested : at date and time to be determined. (Kaardal, Erick) Modified on 1/14/2013 (jz). (Entered: 01/11/2013)

Jan. 11, 2013

Jan. 11, 2013

PACER
42

MEMORANDUM in Support re 45 Emergency MOTION for Preliminary Injunction Pending Appeal - Expedited Handling Requested filed by Annex Medical, Inc., Tom Janas, Stuart Lind. (Attachments: # 1 LR7.1/LR72.2 Word Count Compliance Certificate)(Kaardal, Erick) Modified on 1/14/2013 (jz). (Entered: 01/11/2013)

1 LR7.1/LR72.2 Word Count Compliance Certificate

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Jan. 11, 2013

Jan. 11, 2013

PACER
43

Declaration of Erick G. Kaardal in Support of 45 Emergency MOTION for Preliminary Injunction Pending Appeal - Expedited Handling Requested filed by Annex Medical, Inc., Tom Janas, Stuart Lind. (Attachments: # 1 Exhibit(s) A)(Kaardal, Erick) Modified on 1/14/2013 (jz). (Entered: 01/11/2013)

1 Exhibit(s) A

View on PACER

Jan. 11, 2013

Jan. 11, 2013

PACER
44

TRANSMITTAL OF APPEAL LETTER TO U. S. COURT OF APPEALS, 8TH CIRCUIT, Re: Notice of Appeal to 8th Circuit 39 . (jz) (Entered: 01/14/2013)

Jan. 14, 2013

Jan. 14, 2013

PACER
45

MOTION for Preliminary Injunction Pending Appeal (title correction) - Expedited Handling Requested by Annex Medical, Inc., Tom Janas, Stuart Lind. (Kaardal, Erick) (Entered: 01/14/2013)

Jan. 14, 2013

Jan. 14, 2013

PACER
46

USCA Case Number 13-1118 for 39 Notice of Appeal to 8th Circuit filed by Stuart Lind, Annex Medical, Inc., Tom Janas. (akl) (Entered: 01/15/2013)

Jan. 14, 2013

Jan. 14, 2013

PACER

NOTICE to USCA of subsequent filing in a civil case, Re: Motion for Preliminary Injunction 45 . (jz)

Jan. 14, 2013

Jan. 14, 2013

PACER
47

MEMORANDUM in Opposition re 45 MOTION for Preliminary Injunction Pending Appeal (title correction) - Expedited Handling Requested filed by Timothy 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 LR7.1/LR72.2 Word Count Compliance Certificate)(Humphreys, Bradley) (Entered: 01/15/2013)

1 LR7.1/LR72.2 Word Count Compliance Certificate

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Jan. 15, 2013

Jan. 15, 2013

PACER
48

Declaration of Bradley P. Humphreys in Support of 47 Memorandum in Opposition to Motion, filed by Timothy 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(s) Conestoga Wood Specialties, Corp. v. Sebelius)(Humphreys, Bradley) (Entered: 01/15/2013)

1 Exhibit(s) Conestoga Wood Specialties, Corp. v. Sebelius

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Jan. 15, 2013

Jan. 15, 2013

PACER
49

REPLY re 45 MOTION for Preliminary Injunction Pending Appeal (title correction) - Expedited Handling Requested filed by Annex Medical, Inc., Tom Janas, Stuart Lind. (Attachments: # 1 LR7.1/LR72.2 Word Count Compliance Certificate)(Kaardal, Erick) (Entered: 01/16/2013)

1 LR7.1/LR72.2 Word Count Compliance Certificate

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Jan. 16, 2013

Jan. 16, 2013

PACER
50

ORDER denying 45 Motion for Preliminary Injunction pending appeal(Written Opinion). Signed by Senior Judge David S. Doty on 1/17/2013. (PJM) (Entered: 01/17/2013)

Jan. 17, 2013

Jan. 17, 2013

RECAP
51

Joint MOTION to Stay District Court Proceedings Pending Appeal by Timothy 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: DOCUMENT FILED IN ERROR- # 1 LR7.1/LR72.2 Word Count Compliance Certificate)(Humphreys, Bradley) Modified TEXT on 1/25/2013 (MMP). (Entered: 01/24/2013)

1 LR7.1/LR72.2 Word Count Compliance Certificate

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Jan. 24, 2013

Jan. 24, 2013

PACER
52

NOTICE OF HEARING ON MOTION 51 Joint MOTION to Stay District Court Proceedings Pending Appeal : at date and time to be determined. (Humphreys, Bradley) (Entered: 01/24/2013)

Jan. 24, 2013

Jan. 24, 2013

PACER
53

ORDER granting 51 Motion to Stay. Signed by Senior Judge David S. Doty on 1/25/2013. (PJM) (Entered: 01/25/2013)

Jan. 25, 2013

Jan. 25, 2013

PACER
54

ORDER of USCA as to 39 Notice of Appeal to 8th Circuit filed by Stuart Lind, Annex Medical, Inc., Tom Janas : the appellants motion for a preliminary injunction pending appeal is granted. (received electronically from COA) (jam) (Entered: 02/01/2013)

Feb. 1, 2013

Feb. 1, 2013

PACER
55

NOTICE of Filing of Official Transcript. A total of 1 transcripts are associated with this filing. (SH) (Entered: 02/08/2013)

Feb. 8, 2013

Feb. 8, 2013

PACER
56

TRANSCRIPT of Motions Hearing held on 1/4/2013 before Senior Judge David S. Doty. (47 pages). Court Reporter: Staci Heichert (E-mail: Staci_Heichert@mnd.uscourts.gov. Telephone: (612) 664-5105). Redaction Request due 3/1/2013. Redacted Transcript Deadline set for 3/11/2013. Release of Transcript Restriction set for 5/9/2013. For information on redaction procedures, please review Local Rule 5.5. (SH) (Entered: 02/08/2013)

Feb. 8, 2013

Feb. 8, 2013

PACER
57

ORDER of USCA as to 39 Notice of Appeal to 8th Circuit: Appellees' motion to consolidate this appeal with appeal No. 12-3357 is denied. (received electronically from COA) (akl) (Entered: 03/04/2013)

March 4, 2013

March 4, 2013

PACER
58

NOTICE of Withdrawal as Attorney Zachary S. Kester (Johnson, Noel) (Entered: 11/22/2013)

Nov. 22, 2013

Nov. 22, 2013

PACER
59

VACATED per Order 61 // Opinion of USCA as to 39 Notice of Appeal to 8th Circuit filed by Stuart Lind, Annex Medical, Inc., Tom Janas. (LPH) Modified text on 10/9/2014 (LPH). (Entered: 09/05/2014)

Sept. 5, 2014

Sept. 5, 2014

PACER
60

VACATED per Order 61 // USCA JUDGMENT as to 39 Notice of Appeal to 8th Circuit filed by Stuart Lind, Annex Medical, Inc., Tom Janas. After consideration, it is hereby ordered and adjudged that the appeal of Tom Janas is dismissed. As to the remaining parties, the judgment of the district court in this cause is vacated and the cause is remanded to the district court for proceedings consistent with the opinion of this court. (received electronically from COA) (LPH) Modified text on 10/9/2014 (LPH). (Entered: 09/05/2014)

Sept. 5, 2014

Sept. 5, 2014

PACER
61

ORDER of USCA as to 39 Notice of Appeal to 8th Circuit filed by Stuart Lind, Annex Medical, Inc., Tom Janas. Appellants' petition for rehearing by the panel has been considered by the Court and is granted. The opinion and judgment of this Court filed on September 5, 2014, are vacated. (received electronically from COA) (LPH) (Entered: 10/08/2014)

Oct. 6, 2014

Oct. 6, 2014

PACER
62

Opinion of USCA as to 39 Notice of Appeal to 8th Circuit filed by Stuart Lind, Annex Medical, Inc., Tom Janas. (LPH) (Entered: 10/08/2014)

Oct. 6, 2014

Oct. 6, 2014

PACER
63

USCA JUDGMENT as to 39 Notice of Appeal to 8th Circuit filed by Stuart Lind, Annex Medical, Inc., Tom Janas. After consideration, it is hereby ordered and adjudged that the appeal of Tom Janas is dismissed. As to the remaining parties, the judgment of the district court in this cause is vacated and the cause is remanded to the district court for proceedings consistent with the opinion of this court. (received electronically from COA) (LPH) (Entered: 10/08/2014)

Oct. 6, 2014

Oct. 6, 2014

PACER
64

MANDATE of USCA as to 39 Notice of Appeal to 8th Circuit filed by Stuart Lind, Annex Medical, Inc., Tom Janas. (received electronically from COA) (LPH) (Entered: 12/08/2014)

Dec. 4, 2014

Dec. 4, 2014

PACER
65

MOTION for Admission Pro Hac Vice for U.S. Government Attorney Benjamin L. Berwick by Timothy Geithner, Kathleen Sebelius, Hilda Solis, United States Department of Health and Human Services, United States Department of Labor, United States Department of the Treasury. (Bildtsen, Ann) (Entered: 03/20/2015)

March 20, 2015

March 20, 2015

PACER
66

TEXT ONLY ENTRY: ORDER granting 65 Motion for Admission Pro Hac Vice of U.S. Government Attorney Benjamin Leon Berwick for Timothy Geithner, Kathleen Sebelius, Hilda Solis, United States Department of Health and Human Services, United States Department of Labor, and for United States Department of the Treasury. Approved by Magistrate Judge Steven E. Rau on 3/23/2015. (JLW) (Entered: 03/23/2015)

March 23, 2015

March 23, 2015

PACER
67

MOTION for Admission Pro Hac Vice for U.S. Government Attorney Michelle Renee Bennett by Timothy Geithner, Kathleen Sebelius, Hilda Solis, United States Department of Health and Human Services, United States Department of Labor, United States Department of the Treasury. (JGK) (Entered: 08/10/2015)

Aug. 10, 2015

Aug. 10, 2015

PACER
68

TEXT ONLY ENTRY: ORDER granting 67 Motion for Admission Pro Hac Vice of U.S. Government Attorney Michelle Renee Bennett for Timothy Geithner, Kathleen Sebelius, Hilda Solis, The United States Department of Health and Human Services, The United States Department of Labor, and for The United States Department of the Treasury. Approved by Magistrate Judge Steven E. Rau on 8/10/2015. (JLW) (Entered: 08/10/2015)

Aug. 10, 2015

Aug. 10, 2015

PACER
69

NOTICE of Appearance by Michelle Renee Bennett on behalf of Timothy 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: 08/10/2015)

Aug. 10, 2015

Aug. 10, 2015

PACER
70

STIPULATION to File Amended Complaint by Annex Medical, Inc., Tom Janas, Stuart Lind. Jointly Signed by Sylvia Burwell, Thomas E. Perez, Jacob J. Lew, United States Department of Health and Human Services, United States Department of Labor, and United States Department of the Treasury. (Attachments: # 1 Exhibit(s) Amended Complaint, # 2 Exhibit(s) Amended Complaint - Redlines, # 3 Certificate of Service)(Johnson, Noel) Modified text on 8/17/2015 (LEG). (Entered: 08/14/2015)

1 Exhibit(s) Amended Complaint

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2 Exhibit(s) Amended Complaint - Redlines

View on PACER

3 Certificate of Service

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Aug. 14, 2015

Aug. 14, 2015

PACER
71

CERTIFICATE OF SERVICE ON PROPOSED ORDER by Annex Medical, Inc., Tom Janas, Stuart Lind re 70 Stipulation, (Johnson, Noel) (Entered: 08/14/2015)

Aug. 14, 2015

Aug. 14, 2015

PACER
72

ORDER Granting Stipulation to File Amended Complaint. Signed by Magistrate Judge Steven E. Rau on 8/18/2015. (las) (Entered: 08/18/2015)

Aug. 18, 2015

Aug. 18, 2015

PACER
73

AMENDED COMPLAINT against All Defendants. Filed by Stuart Lind, Annex Medical, Inc., Tom Janas, Armor, Inc. d/b/a Storms Welding & Manufacturing. No summons requested. (Phillips, Kaylan) (Entered: 08/18/2015)

Aug. 18, 2015

Aug. 18, 2015

RECAP
74

Joint MOTION for Permanent Injunction and Entry of Judgment by Annex Medical, Inc., Armor, Inc. d/b/a Storms Welding & Manufacturing, Tom Janas, Stuart Lind. (Phillips, Kaylan) (Entered: 08/18/2015)

Aug. 18, 2015

Aug. 18, 2015

RECAP
75

CERTIFICATE OF SERVICE ON PROPOSED ORDER by Annex Medical, Inc., Armor, Inc. d/b/a Storms Welding & Manufacturing, Tom Janas, Stuart Lind re 74 Joint MOTION for Permanent Injunction and Entry of Judgment (Phillips, Kaylan) (Entered: 08/18/2015)

Aug. 18, 2015

Aug. 18, 2015

PACER
76

INJUNCTION AND JUDGMENT. Order granting 74 Motion for Permanent Injunction. Signed by Senior Judge David S. Doty on 8/19/2015. (DLO) Modified docket text on 8/20/2015 (TSS). (Entered: 08/19/2015)

Aug. 19, 2015

Aug. 19, 2015

RECAP
77

DOCUMENT FILED IN ERROR-INCORRECT CASE NUMBER-WILL REFILE. Joint MOTION for Extension of Time to File Motion for Attorney's Fees, Costs and Expenses by Annex Medical, Inc., Armor, Inc., Tom Janas, Stuart Lind. (Attachments: # 1 Certificate of Service). (Johnson, Noel) Modified text on 10/9/2015 (lmb). (Entered: 10/09/2015)

1 Certificate of Service

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Oct. 9, 2015

Oct. 9, 2015

PACER
78

Joint MOTION for Extension of Time to File Motion for Attorney's Fees, Costs and Expenses by Annex Medical, Inc., Armor, Inc., Tom Janas, Stuart Lind. (Johnson, Noel) (Entered: 10/09/2015)

Oct. 9, 2015

Oct. 9, 2015

PACER
79

CERTIFICATE OF SERVICE ON PROPOSED ORDER by Annex Medical, Inc., Armor, Inc., Tom Janas, Stuart Lind re 78 Joint MOTION for Extension of Time to File Motion for Attorney's Fees, Costs and Expenses (Johnson, Noel) (Entered: 10/09/2015)

Oct. 9, 2015

Oct. 9, 2015

PACER
80

ORDER granting 78 Motion for Extension of Time Signed by Senior Judge David S. Doty on 10/13/2015. (DLO) (Entered: 10/13/2015)

Oct. 13, 2015

Oct. 13, 2015

PACER

Case Details

State / Territory: Minnesota

Case Type(s):

Speech and Religious Freedom

Special Collection(s):

Contraception Insurance Mandate

Multi-LexSum (in sample)

Key Dates

Filing Date: Nov. 2, 2012

Closing Date: 2015

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Plaintiffs are business owners who oppose the use of contraception for religious reasons, and therefore object to the contraception mandate in the ACA.

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):

Jurisdiction-wide

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):

Free Exercise Clause

Freedom of speech/association

Availably Documents:

Trial Court Docket

Complaint (any)

Monetary Relief

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Attorneys fees

Source of Relief:

Litigation

Content of Injunction:

Preliminary relief granted

Preliminary relief denied

Issues

General:

Abortion

Contraception

Religious programs / policies

Discrimination-basis:

Religion discrimination