Case: Sharpe Holdings, Inc. v. U.S. Dep't of Health and Human Servs.

2:12-cv-00092 | U.S. District Court for the Eastern District of Missouri

Filed Date: Dec. 12, 2012

Closed Date: Aug. 9, 2018

Clearinghouse coding complete

Case Summary

On December 12, 2012, a for-profit general business corporation, its owner, and two employees filed a lawsuit in the Eastern District of Missouri against the federal government under the Religious Freedom Restoration Act (RFRA) and the Administrative Procedure Act (APA) (5 U.S.C. §§ 551 et seq.). Plaintiffs, represented by private counsel, sought to enjoin enforcement of provisions of the Affordable Care Act (ACA) extending universal contraception coverage in employer-sponsored private health i…

On December 12, 2012, a for-profit general business corporation, its owner, and two employees filed a lawsuit in the Eastern District of Missouri against the federal government under the Religious Freedom Restoration Act (RFRA) and the Administrative Procedure Act (APA) (5 U.S.C. §§ 551 et seq.). Plaintiffs, represented by private counsel, sought to enjoin enforcement of provisions of the Affordable Care Act (ACA) extending universal contraception coverage in employer-sponsored private health insurance coverage. Plaintiffs contend that this mandatory contraception coverage conflicted with their sincerely held religious beliefs and violated the First Amendment.

The parties consented to adjudication by a magistrate judge, and on December 31, 2012, Magistrate Judge David Noce granted a temporary restraining order stopping the federal government from enforcing the contraception mandate. 2012 WL 6738489. This order was renewed on January 14, 2013 until the Court determined the merits of plaintiffs' case and whether further injunctive relief was needed.

On June 14, 2013, the plaintiffs amended their complaint to add three additional plaintiffs, including non-profit corporation CNS International Ministries (FA-MO-0011 in this Clearinghouse), and on June 28, 2013, Magistrate Judge David Noce extended preliminary relief to the newly added plaintiffs.

On September 30, 2013, Judge Noce granted the defendants' motion to stay the case proceedings pending Eight Circuit rulings on two similar cases, Annex Medical, Inc v. Sebelius, No. 13-1118 and O'Brien v. U.S. Dep't of Health and Human Services, No. 12-3357. Judge Noce also extended the earlier preliminary injunction for all parties.

On December 4, 2013, the plaintiffs amended their complaint again in response to updates to the contraceptive mandate implementing regulation which were finalized on July 2, 2013. Plaintiffs argued that by making "an accommodation" for religious non-profits wherein third party insurance administrators instead provide contraceptive materials, the new regulation was more like a "shell game" because the non-profit employees would still receive coverage through their employment at these non-profits.

On December 30, 2013, Judge Noce ordered the earlier preliminary injunction and temporary restraining order be sustained as to non-profit and for-profit plaintiffs alike. 2013 WL 6858588. On February 28, 2014, the defendants filed an interlocutory appeal with the Eighth Circuit, against the district court's preliminary injunction, arguing that the third party insurance providers had an independent obligation under the ACA to provide contraceptive coverage to religious non-profit employees. The defendants further argued that, even if there were a substantial burden on the exercise of religion, the accommodation was the least restrictive means possible to accomplish its compelling interest in ensuring access to no-cost contraceptive coverage.

In district court, Judge Noce entered a permanent injunction on February 13, 2015 against the defendants, prohibiting them from enforcing the July 2013 version of the contraception mandate against all plaintiffs. The district court stated that following the Supreme Court's June 2014 holding in Burwell v. Hobby Lobby that the HHS regulations imposing the contraceptive mandate violated RFRA when applied to closely-held for-profit corporations. On June 17, 2015, the district court also awarded attorney fees and costs for the for-profit plaintiffs. 2015 WL 3773426.

On September 17, 2015, the Eighth Circuit ruled on the defendants' February 2014 appeal, affirming the district court's preliminary injunctive relief for the non-profit plaintiffs. 801 F.3d 927. The Eighth Circuit rejected the defendants' arguments, but it did not address the First Amendment claims because it concluded that religious non-profits were entitled to relief based on the RFRA claims. The court accepted the the plaintiff's argument that they would be forced to violate their religious beliefs by complying with either the contraceptive mandate or the accommodation process or to incur severe monetary penalties for refusing to comply. The Eighth Circuit cited a Supreme Court injunction issued in Wheaton College v. Sebelius on July 3, 2014, which held that the nonprofit accommodation process, requiring the objecting organization to notify their insurer, or provide specifications about their employee insurance to HHS, could be satisfied by a general notification to HHS of their religious views. 134 S.Ct. 2806.

On October 9, 2015, the district court entered a final judgment against the government and in favor of the for-profit plaintiffs. 2015 WL 13664031. Judge Noce wrote that the non-profit portion of this case would likely continue through to an appeal given the Circuit split on the application of the ACA's birth control mandate to non-profits, but that the decision would not likely affect the resolution for the for-profit plaintiffs.

The defendants petitioned for certiorari, and on May 16, 2016, the Supreme Court granted cert and vacated the Eighth Circuit's ruling, remanding the case. 2016 WL 2842448. The Court ordered that the case be considered under its per curiam order in Zubik v. Burwell [II] that ordered lower courts to give religious nonprofits and the government time to come to agreement on an approach that "accommodates petitioners’ religious exercise while at the same time ensuring that women covered by petitioners’ health plans receive full and equal health coverage, including contraceptive coverage." 136 S.Ct 1557.

The case was held in abeyance from March 1, 2017 until October 6, 2017. The parties filed status reports requesting the case be held until the new Trump Administration issued orders on the contraception mandate.

On October 6, 2017, the Trump Administration issued an order that would no longer require employers to provide contraception if they had religious objections. See the New York Times for more information.

As a result, also on October 6, the defendants moved to dismiss the case. The motion was granted on October 13, 2017. The issue of attorney's fees and costs was remanded to the district court on December 5, 2017.

In accord with the Eighth Circuit order, on October 17, 2017, the district court ordered the parties to file a joint status report by November 13, 2017 on the status of the case and any further proceedings. On October 25, 2017, the defendants were ordered to pay $252.68 for the bill of costs taxed.

On November 13, 2017, the plaintiffs filed a status report summarizing the litigation and stating that the plaintiffs intended to file a dispositive motion for declaratory and permanent injunctive relief. The defendants intend to oppose this motion because they viewed the issue as moot.

On November 17, 2017, the plaintiffs filed a motion for injunctive relief. In the motion the plaintiffs requested the current injunctive relief be granted permanently. The defendants opposed the motion because they found the issue moot given the Trump administration's order to not enforce the contraception mandate against employers with religious objections.

On December 5, 2017, the plaintiffs filed a motion to award attorney's fees in accordance with 42 USC § 1988 with themselves as the prevailing party. The plaintiffs requested the court award them $408,110 for attorney's fees and $1,753.72 in out-of-pocket expenses. On December 7, 2017, the court ordered the defendants to file a response to the plaintiff's motion for attorney's fees by December 29, 2017.

On December 12, 2017, the court ordered a hearing to be held on January 26, 2018 on the issue of the plaintiffs' motion for permanent injunction. On January 22, 2018, the plaintiffs filed a motion to have the court rule on the issue of the permanent injunction without a hearing. This motion was granted on January 26, 2018.

On March 28, 2018, the court granted the plaintiffs' motion for permanent injunctive and declaratory relief. 2018 WL 1520031. The court declared the contraceptive mandate in the ACA to be a violation of RFRA and enjoined the government from enforcing the mandate. On August 9, 2018, the court ordered that the defendants pay $394,000 in attorney's fees and $1,753.72 in expenses. 2018 WL 3772223. The case is now closed.

Summary Authors

Kate Craddock (10/30/2016)

Maria Ricaurte (10/11/2015)

Abigail DeHart (6/26/2017)

Taylor Brook (3/25/2018)

Hope Brinn (5/11/2020)

Related Cases

CNS International Ministries, Inc. v. Sebelius, Eastern District of Missouri (2012)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/5613461/parties/sharpe-holdings-inc-v-united-states-department-of-health-and-human/


Judge(s)

Benton, William Duane (Missouri)

Colloton, Steven M. (Iowa)

Noce, David D. (Missouri)

Wollman, Roger Leland (South Dakota)

Attorneys(s) for Defendant

Bennett, Michelle Renee (District of Columbia)

Moore, Christina Bahr (District of Columbia)

Pruski, Jacek (District of Columbia)

Other Attorney(s)

Active

Active

Active

Judge(s)

Benton, William Duane (Missouri)

Colloton, Steven M. (Iowa)

Noce, David D. (Missouri)

Wollman, Roger Leland (South Dakota)

Attorneys(s) for Defendant

Bennett, Michelle Renee (District of Columbia)

Moore, Christina Bahr (District of Columbia)

Pruski, Jacek (District of Columbia)

Other Attorney(s)

Amiri, Brigitte A. (New York)

Doty, Grant R. (Missouri)

Lee, Jennifer (New York)

Mach, Daniel (District of Columbia)

Rothert, Anthony [Tony] E. (Missouri)

Expert/Monitor/Master

Belz, Timothy (Missouri)

Documents in the Clearinghouse

Document

2:12-cv-00092

Docket [PACER]

Aug. 9, 2018

Aug. 9, 2018

Docket
1

2:12-cv-00092

Complaint

Sharpe Holdings, Inc. v. United States Department of Health and Human Services

Dec. 20, 2012

Dec. 20, 2012

Complaint
20

2:12-cv-00092

Memorandum and Order

Sharpe Holdings, Inc. v. United States Department of Health and Human Services

2012 WL 6738489

Dec. 31, 2012

Dec. 31, 2012

Order/Opinion
31

2:12-cv-00092

Order Continuing Temporary Restraining Order

Sharpe Holdings, Inc. v. United States Department of Health and Human Services

Jan. 14, 2013

Jan. 14, 2013

Order/Opinion
52

2:12-cv-00092

First Amended Complaint

Sharpe Holdings, Inc., v. Sebelius

June 14, 2013

June 14, 2013

Complaint
56

2:12-cv-00092

Memorandum and Order

Sharpe Holdings, Inc. v. United States Department of Health and Human Services

June 28, 2013

June 28, 2013

Order/Opinion
57

2:12-cv-00092

Order Staying Proceedings and Administratively Terminating Doc. 2

Sharpe Holdings Inc. v. United States Department of Health and Human Services

Sept. 30, 2013

Sept. 30, 2013

Order/Opinion
61

2:12-cv-00092

Second Amended Complaint

Sharpe Holdings Inc., v. United States Department of Health and Human Services

Dec. 4, 2013

Dec. 4, 2013

Complaint
84

2:12-cv-00092

Memorandum and Order

Sharpe Holdings Inc,. United States Department of Health and Human Services

2013 WL 6858588

Dec. 30, 2013

Dec. 30, 2013

Order/Opinion
102

2:12-cv-00092

Order and Injunction

Sharpe Holdings Inc. v. United States Department of Health and Human Services

Feb. 13, 2015

Feb. 13, 2015

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/5613461/sharpe-holdings-inc-v-united-states-department-of-health-and-human/

Last updated Aug. 13, 2022, 3:14 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against defendant All Defendants with receipt number 0865-3610444, in the amount of $350 Non-Jury Demand,, filed by Sharpe Holdings, Inc..(Belz, Timothy) (Additional attachment(s) added on 12/20/2012: # 1 Civil Cover Sheet, # 2 Original Filing Form, # 3 Summons Dept of Labor, # 4 Summons Dept of Health and Human Services, # 5 Summons Dept of Treasury) (BAK). (Additional attachment(s) added on 12/20/2012: # 6 Summons Atty General, # 7 Summons AUSA) (BAK). (Entered: 12/20/2012)

1 Civil Cover Sheet

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2 Original Filing Form

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3 Summons Dept of Labor

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4 Summons Dept of Health and Human Services

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5 Summons Dept of Treasury

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6 Summons Atty General

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7 Summons AUSA

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Dec. 20, 2012

Dec. 20, 2012

PACER
2

MOTION for Temporary Restraining Order and Preliminary Injunction by Plaintiff Sharpe Holdings, Inc.. (Belz, Timothy) (Entered: 12/20/2012)

Dec. 20, 2012

Dec. 20, 2012

PACER
3

MOTION for Leave to File in Excess of Page Limitation by Plaintiff Sharpe Holdings, Inc.. (Belz, Timothy) (Entered: 12/20/2012)

Dec. 20, 2012

Dec. 20, 2012

PACER
4

MEMORANDUM in Support of Motion re 2 MOTION for Temporary Restraining Order and Preliminary Injunction filed by Plaintiff Sharpe Holdings, Inc.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4)(Belz, Timothy) (Entered: 12/20/2012)

1 Exhibit 1

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2 Exhibit 2

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3 Exhibit 3

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4 Exhibit 4

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Dec. 20, 2012

Dec. 20, 2012

PACER
5

DISCLOSURE OF CORPORATION INTERESTS CERTIFICATE by Plaintiff Sharpe Holdings, Inc.. Parent companies: CNS Corp., Subsidiaries: None, Publicly held company: None,. (Belz, Timothy) (Entered: 12/20/2012)

Dec. 20, 2012

Dec. 20, 2012

PACER
6

MEMORANDUM by Plaintiff Sharpe Holdings, Inc.. (Belz, Timothy) (Entered: 12/20/2012)

Dec. 20, 2012

Dec. 20, 2012

PACER

Case Opening Notification - 5 Summons(es) issued, Consents issued: 1, Judge Assigned: U.S. Magistrate Judge David D. Noce. The summons were emailed to attorney Timothy Belz. (BAK)

Dec. 20, 2012

Dec. 20, 2012

PACER

Pursuant to Local Rule 2.08, the assigned/referred magistrate judge is designated and authorized by the court to exercise full authority in this assigned/referred action or matter under 28 U.S.C. Sec. 636 and 18 U.S.C Sec. 3401. (CSAW)

Dec. 20, 2012

Dec. 20, 2012

PACER
7

ORDER: IT IS HEREBY ORDERED that a hearing on plaintiffs motion for a temporary restraining order and preliminary injunction is set for Monday, December 31, 2012, at 9:00 a.m. in the courtroom of the undersigned. Counsel may participate in the hearing by telephone by notifying chambers (314.244.7630) of his or her intent to do so twenty-four (24) hours in advance of the scheduled hearing. IT IS FURTHER ORDERED that counsel for the government shall file their entry of appearance with the court as soon as possible. Hearing set for 12/31/2012 09:00 AM in Courtroom 17N before Magistrate Judge David D. Noce. (copy of order emailed to jacek.pruski@usdoj.gov) Signed by Magistrate Judge David D. Noce on 12/26/2012. (KMS) (Entered: 12/26/2012)

Dec. 26, 2012

Dec. 26, 2012

PACER
8

MEMORANDUM in Support of Motion re 2 MOTION for Temporary Restraining Order and Preliminary Injunction (Supplemental) filed by Plaintiff Sharpe Holdings, Inc.. (Attachments: # 1 Exhibit 1)(Belz, Timothy) (Entered: 12/27/2012)

1 Exhibit 1

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Dec. 27, 2012

Dec. 27, 2012

PACER
9

ENTRY of Appearance by Jacek Pruski for Defendants Timothy F. Geithner, Kathleen Sebelius, Hilda L. Solis, United States Department of Health and Human Services, United States Department of Labor, United States Department of the Treasury. (Pruski, Jacek) (Entered: 12/27/2012)

Dec. 27, 2012

Dec. 27, 2012

PACER
10

Docket Text ORDER: GRANTING 3 MOTION for Leave to File in Excess of Page Limitation by Plaintiff Sharpe Holdings, Inc.. Signed by Magistrate Judge David D. Noce on 12/27/12. (KKS) (Entered: 12/27/2012)

Dec. 27, 2012

Dec. 27, 2012

PACER
11

ENTRY of Appearance by Christina Bahr Moore for Defendants Timothy F. Geithner, United States Department of Health and Human Services, United States Department of Labor, United States Department of the Treasury. (Moore, Christina) (Entered: 12/28/2012)

Dec. 28, 2012

Dec. 28, 2012

PACER
12

FULL CONSENT has been received by Defendants Timothy F. Geithner, Kathleen Sebelius, Hilda L. Solis, United States Department of Health and Human Services, United States Department of Labor, United States Department of the Treasury, Plaintiffs Judi Diane Schaefer, Charles N. Sharpe, Sharpe Holdings, Inc., Rita Joanne Wilson. (KKS) (Entered: 12/28/2012)

Dec. 28, 2012

Dec. 28, 2012

PACER
13

MOTION for Leave to File in Excess of Page Limitation Memorandum in Opposition to Plaintiffs' Motion for Temporary Restraining Order and Preliminary Injunction by Defendants Timothy F. Geithner, Kathleen Sebelius, Hilda L. Solis, United States Department of Health and Human Services, United States Department of Labor, United States Department of the Treasury. (Pruski, Jacek) (Entered: 12/28/2012)

Dec. 28, 2012

Dec. 28, 2012

PACER
14

MEMORANDUM in Opposition re 2 MOTION for Temporary Restraining Order and Preliminary Injunction filed by Defendants Timothy F. Geithner, Kathleen Sebelius, Hilda L. Solis, United States Department of Health and Human Services, United States Department of Labor, United States Department of the Treasury. (Attachments: # 1 Exhibit Triune, # 2 Exhibit Autocam, # 3 Exhibit Hobby Lobby 10th Cir., # 4 Exhibit Grote, # 5 Exhibit Articles of Incorporation - Sharpe Holdings, Inc., # 6 Exhibit American Pulverizer, # 7 Exhibit Autocam 6th Cir.)(Pruski, Jacek) (Entered: 12/28/2012)

1 Exhibit Triune

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2 Exhibit Autocam

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3 Exhibit Hobby Lobby 10th Cir.

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4 Exhibit Grote

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5 Exhibit Articles of Incorporation - Sharpe Holdings, Inc.

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6 Exhibit American Pulverizer

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7 Exhibit Autocam 6th Cir.

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Dec. 28, 2012

Dec. 28, 2012

PACER
15

REPLY to Response to Motion re 2 MOTION for Temporary Restraining Order and Preliminary Injunction filed by Plaintiff Sharpe Holdings, Inc.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3)(Belz, Timothy) (Entered: 12/30/2012)

1 Exhibit 1

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2 Exhibit 2

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3 Exhibit 3

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Dec. 30, 2012

Dec. 30, 2012

PACER
16

Docket Text ORDER: GRANTING 13 MOTION for Leave to File in Excess of Page Limitation Memorandum in Opposition to Plaintiffs' Motion for Temporary Restraining Order and Preliminary Injunction by Defendants Timothy F. Geithner, Kathleen Sebelius, Hilda L. Solis, United States Department of Health and Human Services, United States Department of Labor, United States Department of the Treasury. Signed by Magistrate Judge David D. Noce on 12/31/12. (KKS) (Entered: 12/31/2012)

Dec. 31, 2012

Dec. 31, 2012

PACER
17

Minute Entry for proceedings held before Magistrate Judge David D. Noce: Parties present for a hearing on the Motion for Temporary Restraining Order and Preliminary Injunction filed by the plaintiffs [Doc # 2 ]. Court heard oral arguments and took matters under submission. Court to issue a written order. (Court Reporter: Susan Moran.) (FTR Gold: Yes, as backup.) (KKS) (Entered: 12/31/2012)

Dec. 31, 2012

Dec. 31, 2012

PACER
18

NOTICE Filing of Supplemental Exhibit: by Plaintiff Sharpe Holdings, Inc. (Attachments: # 1 Exhibit)(Belz, Timothy) (Entered: 12/31/2012)

1 Exhibit

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Dec. 31, 2012

Dec. 31, 2012

PACER
19

NOTICE Supplemental Authority: by Plaintiff Sharpe Holdings, Inc. (Attachments: # 1 Exhibit)(Belz, Timothy) (Entered: 12/31/2012)

1 Exhibit

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Dec. 31, 2012

Dec. 31, 2012

PACER
20

MEMORANDUM AND ORDER IT IS HEREBY ORDERED that the motion of plaintiffs Sharpe Holdings, Inc., Charles N. Sharpe, Judi Diane Schaefer, and Rita Joanne Wilson for a temporary restraining order is sustained. IT IS FURTHER ORDERED that defendants are TEMPORARILY RESTRAINED from enforcing the ACA Mandate regulations regarding abortifacient devices and related counseling. See 42 U.S.C. § 300gg-13(a)(4), 26 U.S.C. § 4980D, § 4980H, and 29 U.S.C. § 1132. IT IS FURTHER ORDERED that the motion of plaintiffs for a preliminary injunction is set for further hearing on January 14, 2013, at 10:00 a.m. Signed by Magistrate Judge David D. Noce on 12/31/12. (KXS) (Entered: 12/31/2012)

Dec. 31, 2012

Dec. 31, 2012

RECAP
21

MOTION to File Amicus Brief by Amicus Parties American Civil Liberties Union, American Civil Liberties Union - Eastern Missouri. (Attachments: # 1 Proposed Brief Amici Curiae)(Rothert, Anthony) (Entered: 01/03/2013)

1 Proposed Brief Amici Curiae

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Jan. 3, 2013

Jan. 3, 2013

PACER
22

DISCLOSURE OF CORPORATION INTERESTS CERTIFICATE by Amicus Parties American Civil Liberties Union, American Civil Liberties Union - Eastern Missouri. Parent companies: none, Subsidiaries: none, Publicly held company: none,. (Rothert, Anthony) (Entered: 01/03/2013)

Jan. 3, 2013

Jan. 3, 2013

PACER
23

Docket Text ORDER Re: 21 MOTION to File Amicus Brief by Amicus Parties American Civil Liberties Union, American Civil Liberties Union - Eastern Missouri; ORDERED GRANTED. Signed by Magistrate Judge David D. Noce on 1/7/2013. (KMS) (Entered: 01/07/2013)

Jan. 7, 2013

Jan. 7, 2013

PACER
24

Amicus Curiae Brief of the American Civil Liberties Union and American Civil Liberties Union - Eastern Missouri in opposition to 2 MOTION for Temporary Restraining Order and Preliminary Injunction filed by Amicus Parties American Civil Liberties Union, American Civil Liberties Union - Eastern Missouri. (KMS) (Entered: 01/07/2013)

Jan. 7, 2013

Jan. 7, 2013

PACER
25

MOTION for Leave to Appear Pro Hac Vice Brigitte Amiri (Filing fee $100) by Amicus Parties American Civil Liberties Union, American Civil Liberties Union - Eastern Missouri. (KKS) (Entered: 01/08/2013)

Jan. 8, 2013

Jan. 8, 2013

PACER

Receipt 4644032993 in the amount of $100.00 for PRO HAC VICE on behalf of BRIGITTE AMIRI (CCAM)

Jan. 8, 2013

Jan. 8, 2013

PACER
26

Docket Text ORDER Re: 25 MOTION for Leave to Appear Pro Hac Vice Brigitte Amiri (Filing fee $100) by Amicus Parties American Civil Liberties Union, American Civil Liberties Union - Eastern Missouri; ORDERED GRANTED. Signed by Magistrate Judge David D. Noce on 1/9/2013. (KMS) (Entered: 01/09/2013)

Jan. 9, 2013

Jan. 9, 2013

PACER
27

ENTRY of Appearance by Grant R. Doty for Amicus Parties American Civil Liberties Union, American Civil Liberties Union - Eastern Missouri. (Doty, Grant) (Entered: 01/10/2013)

Jan. 10, 2013

Jan. 10, 2013

PACER
28

SUPPLEMENTAL BRIEF REGARDING EXEMPTIONS TO THE CONTRACEPTIVE MANDATE by Plaintiff Sharpe Holdings, Inc.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6)(Belz, Timothy) (Entered: 01/11/2013)

1 Exhibit 1

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2 Exhibit 2

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3 Exhibit 3

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4 Exhibit 4

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5 Exhibit 5

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6 Exhibit 6

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Jan. 11, 2013

Jan. 11, 2013

PACER
29

REPLY to Response to Motion re 2 MOTION for Temporary Restraining Order and Preliminary Injunction and Brief of ACLU filed by Plaintiff Sharpe Holdings, Inc.. (Belz, Timothy) (Entered: 01/12/2013)

Jan. 12, 2013

Jan. 12, 2013

PACER
30

Minute Entry for Motion Hearing held before Magistrate Judge David D. Noce on 1/14/2013 re 2 MOTION for Preliminary Injunction filed by Sharpe Holdings, Inc.. Court heard oral arguments and took matters under submission. Court to issue a written order. (Court Reporter: Teri Hopwood & recorded on FTR Gold as backup.) (Proceedings: 10:09 a.m. - 11:11 a.m.) (KKS) (Entered: 01/14/2013)

Jan. 14, 2013

Jan. 14, 2013

PACER
31

ORDER CONTINUING TEMPORARY RESTRAINING ORDER : IT IS HEREBY ORDERED that the temporary restraining order currently in place to prohibit defendants from enforcing the ACA Mandate and its regulations regarding abortifacient devices and related counseling, see 42 U.S.C. § 300gg-13(a)(4), 26 U.S.C. § 4980D, § 4980H, and 29 U.S.C. § 1132, shall remain in full force and effect until the court finally determines plaintiffs' entitlement or not to further injunctive relief. Signed by Magistrate Judge David D. Noce on 1/14/13. (KKS) (Entered: 01/14/2013)

Jan. 14, 2013

Jan. 14, 2013

PACER
32

NOTICE Filing of Supplemental Authority: by Plaintiff Sharpe Holdings, Inc. (Attachments: # 1 Exhibit 1)(Belz, Timothy) (Entered: 01/31/2013)

1 Exhibit 1

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Jan. 31, 2013

Jan. 31, 2013

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33

NOTICE Filing of Supplemental Authority: by Plaintiff Sharpe Holdings, Inc. (Attachments: # 1 Exhibit 1)(Belz, Timothy) (Entered: 02/01/2013)

1 Exhibit 1

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Feb. 1, 2013

Feb. 1, 2013

PACER
34

NOTICE Defendants' Response to Plaintiffs' Notices of Supplemental Authority: by Defendants Timothy F. Geithner, Kathleen Sebelius, Hilda L. Solis, United States Department of Health and Human Services, United States Department of Labor, United States Department of the Treasury re 33 Notice (Other), 32 Notice (Other) (Pruski, Jacek) (Entered: 02/05/2013)

Feb. 5, 2013

Feb. 5, 2013

PACER
35

Consent MOTION for Extension of: Time to File a Response to Plaintiffs' Complaint by Defendants Timothy F. Geithner, Kathleen Sebelius, Hilda L. Solis, United States Department of Health and Human Services, United States Department of Labor, United States Department of the Treasury. (Pruski, Jacek) (Entered: 02/08/2013)

Feb. 8, 2013

Feb. 8, 2013

PACER
36

RESPONSE to Motion re 35 Consent MOTION for Extension of: Time to File a Response to Plaintiffs' Complaint filed by Plaintiff Sharpe Holdings, Inc.. (Belz, Timothy) (Entered: 02/11/2013)

Feb. 11, 2013

Feb. 11, 2013

PACER
37

NOTICE by Defendants Timothy F. Geithner, Kathleen Sebelius, Hilda L. Solis, United States Department of Health and Human Services, United States Department of Labor, United States Department of the Treasury re 2 MOTION for Temporary Restraining Order and Preliminary Injunction (Notice of Supplemental Authority) (Attachments: # 1 Conestoga Decision)(Pruski, Jacek) (Entered: 02/11/2013)

1 Conestoga Decision

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Feb. 11, 2013

Feb. 11, 2013

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38

Docket Text ORDER: as to All Defendants Re: 35 Consent MOTION for Extension of: Time to File a Response to Plaintiffs' Complaint by all Defendants; GRANTED - SO ORDERED. (Answer due 4/5/13). Signed by Magistrate Judge David D. Noce on 2/12/13. (KJS) (Entered: 02/12/2013)

Feb. 12, 2013

Feb. 12, 2013

PACER
39

NOTICE by Defendants Timothy F. Geithner, Kathleen Sebelius, Hilda L. Solis, United States Department of Health and Human Services, United States Department of Labor, United States Department of the Treasury re 36 Response to Motion (Pruski, Jacek) (Entered: 02/12/2013)

Feb. 12, 2013

Feb. 12, 2013

PACER
40

NOTICE Supplemental Authority: by Defendants Timothy F. Geithner, Kathleen Sebelius, Hilda L. Solis, United States Department of Health and Human Services, United States Department of Labor, United States Department of the Treasury re 2 MOTION for Temporary Restraining Order and Preliminary Injunction (Attachments: # 1 Exhibit Briscoe v. Sebelius)(Pruski, Jacek) (Entered: 03/01/2013)

1 Exhibit Briscoe v. Sebelius

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March 1, 2013

March 1, 2013

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41

MOTION to Stay Proceedings and Notice of Non-Opposition to Plaintiffs Motion for Preliminary Injunction by Defendants Timothy F. Geithner, Kathleen Sebelius, Hilda L. Solis, United States Department of Health and Human Services, United States Department of Labor, United States Department of the Treasury. (Attachments: # 1 Text of Proposed Order)(Pruski, Jacek) Modified on 3/18/2013 (KMS). (Entered: 03/11/2013)

1 Text of Proposed Order

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March 11, 2013

March 11, 2013

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42

Consent MOTION for Extension of: Time to File a Response to Plaintiffs' Complaint by Defendants Timothy F. Geithner, Kathleen Sebelius, Hilda L. Solis, United States Department of Health and Human Services, United States Department of Labor, United States Department of the Treasury. (Pruski, Jacek) (Entered: 03/14/2013)

March 14, 2013

March 14, 2013

PACER
43

ORDER - IT IS HEREBY ORDERED that a telephonic hearing on defendants motion to stay (Doc. 41 ) is set for Thursday, March 21, 2013 at 2:00 p.m. The deputy clerk will initiate the call from the courtroom. Signed by Magistrate Judge David D. Noce on 3/15/13. (KJS) (Entered: 03/15/2013)

March 15, 2013

March 15, 2013

PACER
44

RESPONSE to Motion re 41 MOTION to Stay Proceedings and Notice of Non-Opposition to Plaintiffs Motion for Preliminary Injunction filed by Plaintiff Sharpe Holdings, Inc.. (Belz, Timothy) (Entered: 03/18/2013)

March 18, 2013

March 18, 2013

PACER
45

REPLY to Response to Motion re 41 MOTION to Stay Proceedings and Notice of Non-Opposition to Plaintiffs Motion for Preliminary Injunction filed by Defendants Timothy F. Geithner, Kathleen Sebelius, Hilda L. Solis, United States Department of Health and Human Services, United States Department of Labor, United States Department of the Treasury. (Pruski, Jacek) (Entered: 03/21/2013)

March 21, 2013

March 21, 2013

PACER
46

Minute Entry for proceedings held before Magistrate Judge David D. Noce: Motion Hearing held on 3/21/2013 re 42 Consent MOTION for Extension of: Time to File a Response 41 MOTION to Stay; arguments heard; matter taken under submission. (FTR Gold Operator initials:KMS.) (FTR Gold: Yes.) (KMS) (Entered: 03/21/2013)

March 21, 2013

March 21, 2013

PACER
47

NOTICE Supplemental Authority: by Defendants Timothy F. Geithner, Kathleen Sebelius, Hilda L. Solis, United States Department of Health and Human Services, United States Department of Labor, United States Department of the Treasury re 41 MOTION to Stay Proceedings and Notice of Non-Opposition to Plaintiffs Motion for Preliminary Injunction (Attachments: # 1 Exhibit Triune Health Grp., Inc. v. HHS - Order, # 2 Exhibit Hall v. Sebelius - Order)(Pruski, Jacek) (Entered: 04/03/2013)

1 Exhibit Triune Health Grp., Inc. v. HHS - Order

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2 Exhibit Hall v. Sebelius - Order

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April 3, 2013

April 3, 2013

PACER
48

NOTICE Supplemental Authority: by Plaintiff Sharpe Holdings, Inc. (Attachments: # 1 Exhibit 1)(Belz, Timothy) (Entered: 05/17/2013)

1 Exhibit 1

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May 17, 2013

May 17, 2013

PACER
49

MOTION for Leave to File First Amended Petition, to Substitute Defendants and to Join Additional Plaintiffs by Plaintiff Sharpe Holdings, Inc.. (Attachments: # 1 Exhibit 1)(Belz, Timothy) (Entered: 06/13/2013)

1 Exhibit 1

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June 13, 2013

June 13, 2013

PACER
50

ORDER - IT IS HEREBY ORDERED that the motion of plaintiffs for leave to filea first amended complaint, to substitute defendants, and to add three additional plaintiffs (Doc. 49 ) is sustained. The Clerk of the Court shall file Doc. 49 -1 as a separate pleading. Signed by Magistrate Judge David D. Noce on 6/14/13. (KJS) (Entered: 06/14/2013)

June 14, 2013

June 14, 2013

PACER
51

MOTION for Preliminary Injunction by Plaintiff Ozark National Life Insurance Company. (Belz, Timothy) (Entered: 06/14/2013)

June 14, 2013

June 14, 2013

PACER
52

AMENDED COMPLAINT against defendant All Defendants,Terminating Timothy F. Geithner (in his official capacity as the Secretary of the United States Department of the Treasury) and Hilda L. Solis (in her official capacity as Secretary of the United States Department of Labor). Amendment to 1 Complaint filed by Rita Joanne Wilson, Sharpe Holdings, Inc., Judi Diane Schaefer, Ozark National Life Insurance Company, CNS Corporation, Ozark National Life Insurance Company, N.I.S. Financial Services, Inc., Seth D. Harris, Jacob J. Lew. Related document: 1 Complaint,, filed by Sharpe Holdings, Inc..(KJS) (Entered: 06/14/2013)

June 14, 2013

June 14, 2013

PACER
54

SUPPLEMENTAL Consent Form re 12 Full Consent to a Magistrate by NEWLY ADDED Plaintiffs CNS Corporation, N.I.S. Financial Services, Inc., Ozark National Life Insurance Company. (KJS) (Entered: 06/19/2013)

June 19, 2013

June 19, 2013

PACER
55

MOTION for Ruling on Motion for Preliminary Injunction by Plaintiff Ozark National Life Insurance Company. (Belz, Timothy) (Entered: 06/26/2013)

June 26, 2013

June 26, 2013

PACER
56

MEMORANDUM AND ORDER; IT IS HEREBY ORDERED that defendants, their agents, officers and employees are prohibited from applying and enforcing against these plaintiffs, their employee health plan(s), or their insurer(s) the statute and regulations that require plaintiffs to provide employees insurance coverage for "[a]ll Food and Drug Administration approved contraceptive methods, sterilization procedures, and patient education and counseling for all women with reproductive capacity," as prescribed by a health care provider, 77 Fed. Reg. 8725, as well as any penalties, fines, assessments, or enforcement actions for noncompliance, including those found in 26 U.S.C. §§ 4980D and 4980H, and 29 U.S.C. § 1132, to the extent these regulations require coverage of services that plaintiffs believe to be abortifacients. IT IS FURTHER ORDERED that the motion of defendants for a second extension of time to file a response to plaintiffs' original and amended complaints (Doc. 42 ) is sustained. Defendants may have until 28 days, from the date the court issues its ruling on the pending motion of defendants to stay these proceedings, to file a response to the plaintiffs' complaints. IT IS FURTHER ORDERED that the motion of plaintiffs for a ruling (Doc. 55 ) is denied as moot. Signed by Magistrate Judge David D. Noce on 06/28/2013. (DJO) (Entered: 06/28/2013)

June 28, 2013

June 28, 2013

RECAP
57

ORDER STAYING PROCEEDINGS AND ADMINISTRATIVELY TERMINATING DOC. 2 - IT IS HEREBY ORDERED that the Clerk of the Court administratively terminate Doc. 2, the original motion of plaintiffs for a preliminary injunction. IT IS FURTHER ORDERED that the injunction issued by the court on June 28, 2013 (Doc. 56 ) quoted above shall remain in effect for all parties until further order of this court on that matter. IT IS FURTHER ORDERED that the motion of the defendants for a stay of these proceedings (Doc. 41 ) is sustained. All proceedings in this action are STAYED pending the final resolution of the appeal in O'Brien v. HHS, No. 12-3357, or in Annex Medical, Inc. v. Sebelius, No. 13-1118, whichever occurs first, including the time any proper application s) for relief is before the Supreme Court. Thereafter, this court will set a status and scheduling proceeding regarding this action. Signed by Magistrate Judge David D. Noce on 9/30/13. (KJS) (Entered: 09/30/2013)

Sept. 30, 2013

Sept. 30, 2013

PACER
58

MOTION for Leave to File Second Amended Complaint Adding Plaintiffs by Plaintiff Sharpe Holdings, Inc.. (Attachments: # 1 Exhibit 1)(Belz, Timothy) (Entered: 11/19/2013)

1 Exhibit 1

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Nov. 19, 2013

Nov. 19, 2013

PACER
59

MEMORANDUM in Support of Motion re 58 MOTION for Leave to File Second Amended Complaint Adding Plaintiffs filed by Plaintiff Sharpe Holdings, Inc.. (Belz, Timothy) (Entered: 11/19/2013)

Nov. 19, 2013

Nov. 19, 2013

PACER
60

Docket Text ORDER Re: 58 MOTION for Leave to File Second Amended Complaint Adding Plaintiffs by Plaintiff Sharpe Holdings, Inc. ; ORDERED GRANTED. Signed by Magistrate Judge David D. Noce on 12/4/2013. (KMS) (Entered: 12/04/2013)

Dec. 4, 2013

Dec. 4, 2013

PACER
61

SECOND AMENDED COMPLAINT against defendant Jacob J. Lew, Kathleen Sebelius, United States Department of Health and Human Services, United States Department of Labor, United States Department of the Treasury, Thomas E. Perez,Terminating Seth D. Harris (in his official capacity as Acting Secretary of the United States Department of Labor), filed by N.I.S. Financial Services, Inc., CNS Corporation, Judi Diane Schaefer, Rita Joanne Wilson, Ozark National Life Insurance Company, Charles N. Sharpe, Sharpe Holdings, Inc., CNS International Ministries, Inc., Heartland Christian College.(KMS) (Entered: 12/04/2013)

Dec. 4, 2013

Dec. 4, 2013

RECAP
62

MOTION for Temporary Restraining Order and Preliminary Injunction by Plaintiff CNS International Ministries, Inc. & Heartland Christian College. (Belz, Timothy) Modified on 12/12/2013-added filer (KKS). (Entered: 12/11/2013)

Dec. 11, 2013

Dec. 11, 2013

PACER
63

MOTION for Leave to File in Excess of Page Limitation by Plaintiff CNS International Ministries, Inc. & Heartland Christian College. (Belz, Timothy) Modified on 12/12/2013-added filer (KKS). (Entered: 12/11/2013)

Dec. 11, 2013

Dec. 11, 2013

PACER
64

MEMORANDUM in Support of Motion re 62 MOTION for Temporary Restraining Order and Preliminary Injunction filed by Plaintiff CNS International Ministries, Inc. & Heartland Christian College. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Belz, Timothy) Modified on 12/12/2013 (KKS). (Entered: 12/11/2013)

1 Exhibit 1

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2 Exhibit 2

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Dec. 11, 2013

Dec. 11, 2013

PACER
65

NOTICE SUBSTITUTION OF THOMAS E. PEREZ AS SECRETARY OF LABOR: by Plaintiff Sharpe Holdings, Inc. (Belz, Timothy) (Entered: 12/17/2013)

Dec. 17, 2013

Dec. 17, 2013

PACER
66

NOTICE the Parties with Respect to Pending Motion: by Plaintiff CNS International Ministries, Inc. JOINT (Belz, Timothy) (Entered: 12/17/2013)

Dec. 17, 2013

Dec. 17, 2013

PACER
69

FULL CONSENT has been received by Plaintiffs CNS Corporation, CNS International Ministries, Inc., Heartland Christian College, N.I.S. Financial Services, Inc., Ozark National Life Insurance Company, Judi Diane Schaefer, Charles N. Sharpe, Sharpe Holdings, Inc., Rita Joanne Wilson, Defendants Timothy F. Geithner, Seth D. Harris, Jacob J. Lew, Thomas E. Perez, Kathleen Sebelius, Hilda L. Solis, United States Department of Health and Human Services, United States Department of Labor, United States Department of the Treasury. (KJS) (Entered: 12/18/2013)

Dec. 17, 2013

Dec. 17, 2013

PACER
67

Consent MOTION for Leave to File in Excess of Page Limitation Defs.' Mem. in Opp'n to Pls.' Mot. for TRO & PI by Defendants Timothy F. Geithner, Seth D. Harris, Jacob J. Lew, Thomas E. Perez, Kathleen Sebelius, Hilda L. Solis, United States Department of Health and Human Services, United States Department of Labor, United States Department of the Treasury. (Pruski, Jacek) (Entered: 12/18/2013)

Dec. 18, 2013

Dec. 18, 2013

PACER
68

MEMORANDUM in Opposition re 62 MOTION for Temporary Restraining Order and Preliminary Injunction filed by Defendants Timothy F. Geithner, Seth D. Harris, Jacob J. Lew, Thomas E. Perez, Kathleen Sebelius, Hilda L. Solis, United States Department of Health and Human Services, United States Department of Labor, United States Department of the Treasury. (Pruski, Jacek) (Entered: 12/18/2013)

Dec. 18, 2013

Dec. 18, 2013

PACER
70

MOTION to File Amicus Brief by Amicus Parties American Civil Liberties Union, American Civil Liberties Union - Eastern Missouri. (Attachments: # 1 Exhibit Proposed Amicus Brief)(Amiri, Brigitte) (Entered: 12/19/2013)

1 Exhibit Proposed Amicus Brief

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Dec. 19, 2013

Dec. 19, 2013

PACER
71

Docket Text ORDER: Re: 67 Consent MOTION for Leave to File in Excess of Page Limitation filed by Jacob J. Lew, United States Department of Labor, United States Department of the Treasury, Kathleen Sebelius, Timothy F. Geithner, United States Department of Health and Human Services, Thomas E. Perez, Seth D. Harris, Hilda L. Solis; GRANTED (35 pages) - SO ORDERED. Signed by Magistrate Judge David D. Noce on 12/19/13. (KJS) (Entered: 12/19/2013)

Dec. 19, 2013

Dec. 19, 2013

PACER
72

NOTICE Supplemental Authority: by Defendants Jacob J. Lew, Thomas E. Perez, Kathleen Sebelius, United States Department of Health and Human Services, United States Department of Labor, United States Department of the Treasury re 62 MOTION for Temporary Restraining Order and Preliminary Injunction (Attachments: # 1 Exhibit Priests for Life v. Sebelius - Mem. Op.)(Pruski, Jacek) (Entered: 12/19/2013)

1 Exhibit Priests for Life v. Sebelius - Mem. Op.

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Dec. 19, 2013

Dec. 19, 2013

PACER

Receipt 4644040048 in the amount of $100.00 for PRO HAC VICE on behalf of JENNIFER LEE (CCAM)

Dec. 20, 2013

Dec. 20, 2013

PACER

Receipt 4644040049 in the amount of $100.00 for PRO HAC VICE on behalf of DANIEL MACH (CCAM)

Dec. 20, 2013

Dec. 20, 2013

PACER
75

MOTION for Leave to Appear Pro Hac Vice Jennifer Lee. The Certificate of Good Standing was attached.(Filing fee $100) by Amicus Parties American Civil Liberties Union, American Civil Liberties Union - Eastern Missouri. (Attachments: # 1 Certificate of Good Standing)(KMS) (Entered: 12/23/2013)

1 Certificate of Good Standing

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Dec. 20, 2013

Dec. 20, 2013

PACER
76

MOTION for Leave to Appear Pro Hac Vice Daniel Mach. The Certificate of Good Standing was attached.(Filing fee $100) by Amicus Parties American Civil Liberties Union, American Civil Liberties Union - Eastern Missouri. (Attachments: # 1 Certificate of Good Standing)(KMS) (Entered: 12/23/2013)

1 Certificate of Good Standing

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Dec. 20, 2013

Dec. 20, 2013

PACER
73

Docket Text ORDER Re: 70 MOTION to File Amicus Brief by Amicus Parties American Civil Liberties Union, American Civil Liberties Union - Eastern Missouri; ORDERED GRANTED. Signed by Magistrate Judge David D. Noce on 12/23/2013. (KMS) (Entered: 12/23/2013)

Dec. 23, 2013

Dec. 23, 2013

PACER
74

AMICUS BRIEF by Amicus Parties American Civil Liberties Union, American Civil Liberties Union - Eastern Missouri. (KMS) (Entered: 12/23/2013)

Dec. 23, 2013

Dec. 23, 2013

PACER
77

NOTICE Supplemental Authority: by Defendants Jacob J. Lew, Thomas E. Perez, Kathleen Sebelius, United States Department of Health and Human Services, United States Department of Labor, United States Department of the Treasury re 62 MOTION for Temporary Restraining Order and Preliminary Injunction (Attachments: # 1 Exhibit Univ. of Notre Dame v. Sebelius)(Pruski, Jacek) (Entered: 12/23/2013)

1 Exhibit Univ. of Notre Dame v. Sebelius

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Dec. 23, 2013

Dec. 23, 2013

PACER
78

REPLY to Response to Motion re 62 MOTION for Temporary Restraining Order and Preliminary Injunction filed by Plaintiff CNS International Ministries, Inc.. (Belz, Timothy) (Entered: 12/25/2013)

Dec. 25, 2013

Dec. 25, 2013

PACER
79

NOTICE Supplemental Authority: by Defendants Jacob J. Lew, Thomas E. Perez, Kathleen Sebelius, United States Department of Health and Human Services, United States Department of Labor, United States Department of the Treasury re 62 MOTION for Temporary Restraining Order and Preliminary Injunction (Attachments: # 1 Exhibit Catholic Diocese of Nashville v. Sebelius)(Pruski, Jacek) (Entered: 12/26/2013)

1 Exhibit Catholic Diocese of Nashville v. Sebelius

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Dec. 26, 2013

Dec. 26, 2013

PACER
80

NOTICE Filing of Supplemental Authority: by Plaintiff CNS International Ministries, Inc. (Attachments: # 1 Exhibit 1)(Belz, Timothy) (Entered: 12/27/2013)

1 Exhibit 1

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Dec. 27, 2013

Dec. 27, 2013

PACER
81

NOTICE Filing of Supplemental Authority: by Plaintiff CNS International Ministries, Inc. (Attachments: # 1 Exhibit 1)(Belz, Timothy) (Entered: 12/27/2013)

1 Exhibit 1

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Dec. 27, 2013

Dec. 27, 2013

PACER
82

Docket Text ORDER: Re: 76 MOTION for Leave to Appear Pro Hac Vice Daniel Mach, 75 MOTION for Leave to Appear Pro Hac Vice Jennifer Lee filed by American Civil Liberties Union - Eastern Missouri, American Civil Liberties Union; GRANTED - SO ORDERED. Signed by Magistrate Judge David D. Noce on 12/27/13. (KJS) (Entered: 12/27/2013)

Dec. 27, 2013

Dec. 27, 2013

PACER
83

NOTICE Supplemental Authority: by Defendants Jacob J. Lew, Thomas E. Perez, Kathleen Sebelius, United States Department of Health and Human Services, United States Department of Labor, United States Department of the Treasury re 62 MOTION for Temporary Restraining Order and Preliminary Injunction (Attachments: # 1 Exhibit Michigan Catholic Conference v. Sebelius)(Pruski, Jacek) (Entered: 12/27/2013)

1 Exhibit Michigan Catholic Conference v. Sebelius

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Dec. 27, 2013

Dec. 27, 2013

PACER
84

MEMORANDUM AND ORDER IT IS HEREBY ORDERED that the motion of plaintiffs CNS International Ministries, Inc. and Heartland Christian College for leave to file an overlength memorandum in support of their pending motion (Doc. 63) is sustained. IT IS FURTHER ORDERED that the motion of plaintiffs CNS International Ministries, Inc. and Heartland Christian College a temporary restraining order and preliminary injunction (Doc. 64) is sustained. The preliminary injunction and stay currently in effect (Docs. 56, 57 ) are extended to plaintiffs CNS International Ministries, Inc. and Heartland Christian College. re: 63 62 . Signed by Magistrate Judge David D. Noce on 12/30/13. (KKS) (Entered: 12/30/2013)

Dec. 30, 2013

Dec. 30, 2013

RECAP

ORDER RECEIPT: (see receipt) Docket No: 84. mailed to party not notified electronically Mon Dec 30 12:36:24 CST 2013 (Stamm, Katie)

Dec. 30, 2013

Dec. 30, 2013

PACER
85

NOTICE OF INTERLOCUTORY APPEAL as to 84 Memorandum & Order,, by Defendants Timothy F. Geithner, Seth D. Harris, Jacob J. Lew, Thomas E. Perez, Kathleen Sebelius, Hilda L. Solis, United States Department of Health and Human Services, United States Department of Labor, United States Department of the Treasury. (Entered: 02/27/2014)

Feb. 27, 2014

Feb. 27, 2014

PACER
86

NOTIFICATION OF INTERLOCUTORY APPEAL AND NOA SUPPLEMENT by clerk to USCA regarding 85 Notice of Interlocutory Appeal,. Notice of Appeal filed on 02/27/2014 by Defendants Timothy F. Geithner, Seth D. Harris, Jacob J. Lew, Thomas E. Perez, Kathleen Sebelius, Hilda L. Solis, United States Department of Health and Human Services, United States Department of Labor, United States Department of the Treasury. NOTIFICATION TO COUNSEL AND PRO SE PARTY: FILE REQUEST FOR TRANSCRIPT WITH DISTRICT COURT CLERKS OFFICE.(DLT) (Entered: 02/28/2014)

Feb. 28, 2014

Feb. 28, 2014

PACER
87

Briefing Schedule from USCA for 85 Notice of Interlocutory Appeal, filed by Jacob J. Lew, United States Department of Labor, United States Department of the Treasury, Kathleen Sebelius, Timothy F. Geithner, United States Department of Health and Human Services, Thomas E. Perez, Seth D. Harris, Hilda L. Solis USCA Appeal Number: 14-1507 Method of Appendix due: 4/14/14 Notice of Appeal forwarded to panel: Yes Briefs due: 4/14/14 (KJS) Modified on 3/11/2014-edit filing date (KKS). (Entered: 03/06/2014)

March 5, 2014

March 5, 2014

PACER
88

Initial Notification from USCA for 85 Notice of Interlocutory Appeal, filed by Jacob J. Lew, United States Department of Labor, United States Department of the Treasury, Kathleen Sebelius, Timothy F. Geithner, United States Department of Health and Human Services, Thomas E. Perez, Seth D. Harris, Hilda L. Solis USCA Appeal Number: 14-1507 Notice of Appeal forwarded to panel: No(KKS) (Entered: 03/10/2014)

March 5, 2014

March 5, 2014

PACER
89

MOTION to Lift Stay by Plaintiff Sharpe Holdings, Inc.. (Belz, Timothy) (Entered: 08/05/2014)

Aug. 5, 2014

Aug. 5, 2014

PACER
90

MEMORANDUM in Support of Motion re 89 MOTION to Lift Stay filed by Plaintiff Sharpe Holdings, Inc.. (Belz, Timothy) (Entered: 08/05/2014)

Aug. 5, 2014

Aug. 5, 2014

PACER
91

ORDER - IT IS HEREBY ORDERED that the parties confer and submit a joint status report and proposed scheduling plan for further proceedings in this case no later than September 12, 2014. (Status Report due by 9/12/2014.) Signed by Magistrate Judge David D. Noce on 8/18/14. (KJS) (Entered: 08/18/2014)

Aug. 18, 2014

Aug. 18, 2014

PACER
92

Docket Text ORDER: Re: 89 MOTION to Lift Stay filed by Sharpe Holdings, Inc; GRANTED - SO ORDERED. Signed by Magistrate Judge David D. Noce on 8/19/14. (KJS) (Entered: 08/19/2014)

Aug. 19, 2014

Aug. 19, 2014

PACER
93

STATUS REPORT by Jacob J. Lew, Thomas E. Perez, Kathleen Sebelius, United States Department of Health and Human Services, United States Department of Labor, United States Department of the Treasury. (Pruski, Jacek) (Entered: 09/12/2014)

Sept. 12, 2014

Sept. 12, 2014

PACER
94

ORDER SUSTAINING JOINT STATUS REPORT: IT IS HEREBY ORDERED that the defendants have until October 10, 2014 to determine how they desire to proceed in this action and to so advise the court and the plaintiffs. IT IS FURTHER ORDERED that the injunction issued by the court on June 28, 2013 (Doc. 56) remain in effect for all parties until further order of the court. IT IS FURTHER ORDERED that regarding the non-profit plaintiffs this action remain stayed pending the determination of defendants' appeal from this court's preliminary injunction, currently before the Eighth Circuit Court of Appeals. IT IS FURTHER ORDERED that the parties file a joint status report not later than 30 days after the conclusion of appellate proceedings. Signed by Magistrate Judge David D. Noce on 10/1/2014. (KMS) (Entered: 10/01/2014)

Oct. 1, 2014

Oct. 1, 2014

PACER
95

MOTION for Summary Judgment by Plaintiff Sharpe Holdings, Inc.. (Belz, Timothy) (Entered: 10/01/2014)

Oct. 1, 2014

Oct. 1, 2014

PACER

Case Details

State / Territory: Missouri

Case Type(s):

Speech and Religious Freedom

Special Collection(s):

Contraception Insurance Mandate

Multi-LexSum (in sample)

Key Dates

Filing Date: Dec. 12, 2012

Closing Date: Aug. 9, 2018

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Sharpe Holdings, Inc., a for-profit general business corporation, and its owners; Ozark National Life Insurance Company, a for-profit corporation; NIS Financial Services, Inc., a for-profit corporation; CNS International Ministries, Inc., a non-profit corporation, and Heartland Christian College, a non-profit corporation.

Plaintiff Type(s):

Closely-held (for profit) corporation

Non-profit religious organization

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

United States Department of Health and Human Services (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):

Establishment Clause

Free Exercise Clause

Freedom of speech/association

Availably Documents:

Trial Court Docket

Complaint (any)

Monetary Relief

Injunctive (or Injunctive-like) Relief

Non-settlement Outcome

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Attorneys fees

Preliminary injunction / Temp. restraining order

Source of Relief:

Litigation

Form of Settlement:

Court Approved Settlement or Consent Decree

Amount Defendant Pays: 395,753.72

Order Duration: 2012 - None

Content of Injunction:

Discrimination Prohibition

Preliminary relief granted

Issues

General:

Abortion

Contraception

Religious programs / policies

Discrimination-basis:

Religion discrimination