Case: Autocam Corp. v. Sebelius

1:12-cv-01096 | U.S. District Court for the Western District of Michigan

Filed Date: Oct. 8, 2012

Closed Date: 2015

Clearinghouse coding complete

Case Summary

On October 8, 2012, two affiliated companies, Autocam Corporation and Autocam Medical, LLC, along with their owners, filed this lawsuit in the U.S. District Court for the Western District of Michigan against the federal government under the Religious Freedom Restoration Act (42 U.S.C. § 2000bb), the Administrative Procedure Act (5 U.S.C. § 706(2)), and the First Amendment. The plaintiffs, represented by attorneys from CatholicVote Legal Defense Fund, the Thomas More Society, and private counse…

On October 8, 2012, two affiliated companies, Autocam Corporation and Autocam Medical, LLC, along with their owners, filed this lawsuit in the U.S. District Court for the Western District of Michigan against the federal government under the Religious Freedom Restoration Act (42 U.S.C. § 2000bb), the Administrative Procedure Act (5 U.S.C. § 706(2)), and the First Amendment. The plaintiffs, represented by attorneys from CatholicVote Legal Defense Fund, the Thomas More Society, and private counsel, sought to enjoin enforcement of provisions of the Affordable Care Act (ACA) extending mandatory contraception coverage in employer-sponsored private health insurance coverage. The plaintiffs contended that this mandatory contraception coverage violates their sincerely held religious beliefs.

The state of Michigan, the Life Legal Defense Fund, and the Bioethics Defense Fund appeared as amici curiae in support of plaintiffs; the ACLU and the ACLU Fund of Michigan submitted an amicus curiae brief in support of the defendants.

On October 12, 2012, District Judge Robert Jonker denied the plaintiffs' motion for an injunction; the plaintiffs appealed to the Sixth Circuit. The Sixth Circuit denied a temporary injunction pending appeal. On September 17, 2013, the Sixth Circuit affirmed the district court's decision to deny a preliminary injunction and remanded the case to the district court to dismiss the plaintiff's RFRA claims for lack of jurisdiction. On September 30, 2013, the district court dismissed the plaintiff's RFRA claims without prejudice.

On October 22, 2013, the plaintiff filed a petition for writ of certiorari to the Supreme Court. That petition was held at the Supreme Court while the Court decided Burwell v. Hobby Lobby (also known as Hobby Lobby v. Sebelius). The Hobby Lobby decision issued on June 30, 2014: In 5-4 opinion by Justice Alito, the Court held that the HHS regulations imposing the contraceptive mandate violate RFRA, when applied to closely-held for-profit corporations. The Court emphasized, however, that alternative methods for meeting the government's asserted interest were available. In light of the Hobby Lobby opinion, on July 1, 2014, the Supreme Court vacated the judgment in this (Autocam) case, and remanded it to the United States Court of Appeals for the Sixth Circuit for further consideration. On December 11, 2014, the Sixth Circuit granted the plaintiffs' motion to remand to the District Court for entry of a permanent injunction. On January 5, 2015, the District Court entered a permanent injunction preventing the federal government from enforcing the version of the contraceptive mandate that applied in Hobby Lobby against the plaintiffs. The injunction only applied to that version of the mandate, and did not enjoin the government from enforcing a revised version of the mandate that complied with the decision.

On February 25, 2015, the parties notified the District Court that they had reached an agreement on attorney's fees and costs and no further proceedings were necessary.

Summary Authors

Wyatt Fore (3/1/2013)

Mallory Jones (2/24/2014)

Kate Craddock (3/25/2016)

Related Cases

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

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

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/6169445/parties/autocam-corporation-v-sebelius/


Judge(s)

Gibbons, Julia Smith (Tennessee)

Griffin, Richard Allen (Michigan)

Hood, Joseph Martin (Kentucky)

Jonker, Robert James (Michigan)

Moore, Roy S (Alabama)

Rogers, John M. (District of Columbia)

Stranch, Jane Branstetter (Tennessee)

Attorneys(s) for Plaintiff

Breen, Peter C. (Illinois)

Brejcha, Thomas (Illinois)

Gillen, Patrick T. (Florida)

Judge(s)

Gibbons, Julia Smith (Tennessee)

Griffin, Richard Allen (Michigan)

Hood, Joseph Martin (Kentucky)

Jonker, Robert James (Michigan)

Moore, Roy S (Alabama)

Rogers, John M. (District of Columbia)

Stranch, Jane Branstetter (Tennessee)

Attorneys(s) for Plaintiff

Breen, Peter C. (Illinois)

Brejcha, Thomas (Illinois)

Gillen, Patrick T. (Florida)

Miller, Jason C. (Michigan)

Attorneys(s) for Defendant

Bennett, Michelle Renee (District of Columbia)

Berwick, Benjamin Leon (District of Columbia)

Delery, Stuart F. (District of Columbia)

Gershengorn, Ian Heath (District of Columbia)

Klein, Alisa B. (District of Columbia)

Lieber, Sheila M. (District of Columbia)

Miles, Patrick A. Jr. (District of Columbia)

Pruski, Jacek (District of Columbia)

Ricketts, Jennifer (District of Columbia)

Stern, Marc (District of Columbia)

Other Attorney(s)

Amiri, Brigitte A. (New York)

Aukerman, Miriam (Michigan)

Bordlee, Dorinda (Kentucky)

Bursch, John J. (Michigan)

Colby, Kimberlee Wood (Virginia)

Dewart, Deborah Jane (North Carolina)

McElwee, Michael (Michigan)

Metzger, Edward L. III (Kentucky)

Nelson, Frederick Dickson (Ohio)

Nikas, Nike (Kentucky)

Raimer, David T. (District of Columbia)

Restuccia, B. Eric (Michigan)

Sekulow, Jay Alan (District of Columbia)

Short, Catherine W. (Kentucky)

Smith, Mailee Rebecca (District of Columbia)

Steinberg, Michael J. (Michigan)

Documents in the Clearinghouse

Document

Appellate Docket [PACER]

U. S. Court of Appeals for the Sixth Circuit

Feb. 19, 2013 Docket

Docket [PACER]

April 17, 2015 Docket
1

Verified Complaint and Demand for Injunctive Relief

Autocam Corporation v. Sebelius

Oct. 8, 2012 Complaint
12

Order

Autocam Corporation v. Sebelius

Oct. 12, 2012 Order/Opinion
17

Defendants’ Brief in Opposition to Plaintiffs’ Motion for Preliminary Injunction

Autocam Corporation v. Sebelius

Nov. 7, 2012 Pleading / Motion / Brief
36

Plaintiffs' Supplemental Brief on Anti-Injunction Act Supporting Motion for Preliminary Injunction

Autocam Corporation v. Sebelius

Dec. 17, 2012 Pleading / Motion / Brief
40

Plaintiffs’ Supplemental Brief on Harm Supporting Motion for Preliminary Injunction

Autocam Corporation v. Sebelius

Dec. 21, 2012 Pleading / Motion / Brief
42

Opinion and Order

Autocam Corporation v. Sebelius

2012 WL 6845677

Dec. 24, 2012 Order/Opinion

Opinion and Order

U. S. Court of Appeals for the Sixth Circuit

2012 U.S.App.LEXIS 26736

Dec. 28, 2012 Order/Opinion
006111544022

Order

Autocam Corporation v. Sebelius

U. S. Court of Appeals for the Sixth Circuit

Dec. 28, 2012 Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/6169445/autocam-corporation-v-sebelius/

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

ECF Number Description Date Link
1

COMPLAINT (Verified Complaint) against All Defendants filed by Margaret Kennedy, John Kennedy, Thomas Kennedy, Autocam Medical, LLC, Autocam Corporation, Paul Kennedy, John Kennedy, IV(Miller, Jason) (Entered: 10/08/2012)

Oct. 8, 2012 PACER

FILING FEE PAID re 1 by plaintiffs Autocam Corporation, Autocam Medical, LLC, John Kennedy, Margaret Kennedy, Paul Kennedy, Thomas Kennedy, John Kennedy, IV in the amount of $350, receipt number 0646-2380599 (Miller, Jason)

Oct. 8, 2012 PACER
2

PROPOSED SUMMONS to be issued re 1 (Miller, Jason) (Entered: 10/08/2012)

Oct. 8, 2012 PACER
3

NOTICE that this case has been assigned to Judge Robert J. Jonker ; with NOTICE OF DEFICIENCY re corporate disclosure statement (gjf) (Entered: 10/09/2012)

Oct. 9, 2012 PACER

SUMMONS NOT ISSUED as to defendants Timothy Geithner, Kathleen Sebelius, Hilda L. Solis, United States Department of Health and Human Services, United States Department of Labor, United States Department of Treasury ; summons for each defendant not provided (gjf)

Oct. 9, 2012 PACER
4

PROPOSED SUMMONS to be issued re 1 (Miller, Jason) (Entered: 10/09/2012)

Oct. 9, 2012 PACER
5

CORPORATE DISCLOSURE STATEMENT by Autocam Corporation (Miller, Jason) Modified text on 10/10/2012 (gjf). (Entered: 10/09/2012)

Oct. 9, 2012 PACER
6

CORPORATE DISCLOSURE STATEMENT by Autocam Medical, LLC identifying Corporate Parent Autocam Medical Device Holdings, LLC, Other Affiliate Autocam Corporation for Autocam Medical, LLC (Miller, Jason) (Entered: 10/09/2012)

Oct. 9, 2012 PACER

SUMMONS NOT ISSUED as to defendants Timothy Geithner, Kathleen Sebelius, Hilda L. Solis, United States Department of Health and Human Services, United States Department of Labor, United States Department of Treasury ; summons for Solis contained incorrect spelling and summons for U.S. Attorney General not submitted (gjf)

Oct. 10, 2012 PACER
7

PROPOSED SUMMONS to be issued re 1 (Miller, Jason) (Entered: 10/10/2012)

Oct. 10, 2012 PACER

SUMMONS ISSUED as to defendants Timothy Geithner, Kathleen Sebelius, Hilda L. Solis, United States Department of Health and Human Services, United States Department of Labor, United States Department of Treasury, U.S. Attorney and U.S. Attorney General (gjf)

Oct. 10, 2012 PACER
8

MOTION for preliminary injunction by plaintiffs Autocam Corporation, Autocam Medical, LLC, John Kennedy, John Kennedy, IV, Margaret Kennedy, Paul Kennedy, Thomas Kennedy; (Miller, Jason) (Entered: 10/10/2012)

Oct. 10, 2012 PACER
9

BRIEF in support of MOTION for preliminary injunction 8 filed by Autocam Corporation, Autocam Medical, LLC, John Kennedy, John Kennedy, IV, Margaret Kennedy, Paul Kennedy, Thomas Kennedy (Attachments: # 1 Exhibit A)(Miller, Jason) (Entered: 10/10/2012)

1 Exhibit A

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Oct. 10, 2012 PACER

(NON-DOCUMENT) ATTORNEY APPEARANCE of Jacek Pruski on behalf of defendants Timothy Geithner, Kathleen Sebelius, Hilda L. Solis, United States Department of Health and Human Services, United States Department of Labor, United States Department of Treasury (Pruski, Jacek)

Oct. 10, 2012 PACER
10

MOTION for order Setting Brief Telephonic Status Conference by defendants Timothy Geithner, Kathleen Sebelius, Hilda L. Solis, United States Department of Health and Human Services, United States Department of Labor, United States Department of Treasury; (Pruski, Jacek) (Entered: 10/11/2012)

Oct. 11, 2012 PACER
11

RESPONSE TO MOTION for order Setting Brief Telephonic Status Conference 10 filed by Autocam Corporation, Autocam Medical, LLC, John Kennedy, John Kennedy, IV, Margaret Kennedy, Paul Kennedy, Thomas Kennedy (Miller, Jason) (Entered: 10/11/2012)

Oct. 11, 2012 PACER
12

ORDER denying 8 motion for preliminary injunction; dismissing as moot 10 motion for status conference; signed by Judge Robert J. Jonker (Judge Robert J. Jonker, ymc) (Entered: 10/12/2012)

Oct. 12, 2012 PACER
13

UNOPPOSED MOTION for leave to file excess pages by defendants Timothy Geithner, Kathleen Sebelius, Hilda L. Solis, United States Department of Health and Human Services, United States Department of Labor, United States Department of Treasury; (Attachments: # 1 Exhibit Brief in Opposition to Plaintiffs' Motion for Preliminary Injunction, # 2 Proposed Order)(Pruski, Jacek) (Entered: 11/07/2012)

1 Exhibit Brief in Opposition to Plaintiffs' Motion for Preliminary Injunctio

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2 Proposed Order

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Nov. 7, 2012 PACER
14

MOTION AND BRIEF for amicus curiae status by movant ACLU and ACLU Fund of Michigan (Attachments: # 1 Exhibit A)(Aukerman, Miriam) Modified text and add filer on 11/9/2012 (gjf). (Entered: 11/08/2012)

1 Exhibit A

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Nov. 8, 2012 PACER
15

(DISREGARD) ORDER granting 13 motion for leave to file excess pages ; signed by Judge Robert J. Jonker (Judge Robert J. Jonker, ymc) Modified on 11/9/2012 per instruction from RJJ chambers (gjf). (Entered: 11/09/2012)

Nov. 9, 2012 PACER
16

ORDER granting 13 motion for leave to file excess pages ; signed by Judge Robert J. Jonker (Judge Robert J. Jonker, ymc) (Entered: 11/09/2012)

Nov. 9, 2012 PACER

(NON-DOCUMENT) ATTORNEY APPEARANCE of Michael J. Steinberg on behalf of movant American Civil Liberties Union Fund of Michigan (Steinberg, Michael)

Nov. 9, 2012 PACER
17

RESPONSE in opposition to MOTION for preliminary injunction 8 filed by Timothy Geithner, Kathleen Sebelius, Hilda L. Solis, United States Department of Health and Human Services, United States Department of Labor, United States Department of Treasury (gjf) (Entered: 11/13/2012)

Nov. 9, 2012 PACER
18

UNOPPOSED MOTION for leave to file Reply Brief in Excess of 10 Pages by plaintiffs Autocam Corporation, Autocam Medical, LLC, John Kennedy, John Kennedy, IV, Margaret Kennedy, Paul Kennedy, Thomas Kennedy; (Attachments: # 1 Exhibit A)(Miller, Jason) (Entered: 11/14/2012)

1 Exhibit A

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Nov. 14, 2012 PACER
19

RESPONSE TO UNOPPOSED MOTION for leave to file excess pages 13 filed by Autocam Corporation, Autocam Medical, LLC, John Kennedy, John Kennedy, IV, Margaret Kennedy, Paul Kennedy, Thomas Kennedy (Miller, Jason) (Entered: 11/14/2012)

Nov. 14, 2012 PACER
20

ORDER granting 18 motion for leave to file reply brief in excess of 10 pages ; signed by Judge Robert J. Jonker (Judge Robert J. Jonker, ymc) (Entered: 11/14/2012)

Nov. 14, 2012 PACER
21

ORDER granting 14 motion for amicus curiae status ; signed by Judge Robert J. Jonker (Judge Robert J. Jonker, mil) (Entered: 11/14/2012)

Nov. 14, 2012 PACER
22

NOTICE OF MOTION HEARING regarding document number 8 : motion hearing is set for 12/17/2012 at 03:00 PM at 699 Federal Building, Grand Rapids, MI before Judge Robert J. Jonker; (Judge Robert J. Jonker, mil) (Entered: 11/14/2012)

Nov. 14, 2012 PACER
24

REPLY to response to motion 8 with exhibits 1 & 2 filed by Autocam Corporation, Autocam Medical, LLC, John Kennedy, John Kennedy, IV, Margaret Kennedy, Paul Kennedy, Thomas Kennedy (gjf) (Entered: 11/15/2012)

Nov. 14, 2012 PACER
25

RESPONSE in opposition to MOTION for preliminary injunction 8 (amicus curiae brief) filed by American Civil Liberties Union, American Civil Liberties Union Fund of Michigan (gjf) (Entered: 11/15/2012)

Nov. 14, 2012 PACER
23

ORDER setting Rule 16 scheduling conference: Rule 16 scheduling conference is set for 12/17/2012 at 3:00 PM at 699 Federal Building, Grand Rapids, MI before Judge Robert J. Jonker; status report due by 12/11/2012 ; signed by Judge Robert J. Jonker (Judge Robert J. Jonker, ymc) (Entered: 11/15/2012)

Nov. 15, 2012 PACER
26

MOTION for leave to file Attorney General Bill Schuette's Amicus Brief in Support of Plaintiffs' Motion for Preliminary Injunction by amicus Bill Schuette; (Attachments: # 1 Attorney General Bill Schuette's Amicus Brief in Support of Plaintiff's Motion for Preliminary Injunction)(Restuccia, B.) (Entered: 11/21/2012)

1 Attorney General Bill Schuette's Amicus Brief in Support of Plaintiff'

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Nov. 21, 2012 PACER
27

ORDER re 8 ; additional issues parties should be prepared to address at the hearing set for 12/17/2012 ; signed by Judge Robert J. Jonker (Judge Robert J. Jonker, ymc) (Entered: 12/04/2012)

Dec. 4, 2012 PACER
28

CONSENT MOTION for extension of time to file response/reply re 1 Plaintiffs' Complaint by defendants Timothy Geithner, Kathleen Sebelius, Hilda L. Solis, United States Department of Health and Human Services, United States Department of Labor, United States Department of Treasury; (Attachments: # 1 Proposed Order)(Pruski, Jacek) (Entered: 12/04/2012)

1 Proposed Order

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Dec. 4, 2012 PACER
29

NOTICE re 8 Supplemental Authority Related to Motion for Preliminary Injunction by plaintiffs Autocam Corporation, Autocam Medical, LLC, John Kennedy, John Kennedy, IV, Margaret Kennedy, Paul Kennedy, Thomas Kennedy (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4)(Miller, Jason) (Entered: 12/10/2012)

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. 10, 2012 PACER
30

JOINT STATUS REPORT (Miller, Jason) (Entered: 12/12/2012)

Dec. 12, 2012 PACER
31

MOTION for leave to file a Brief Amicus Curiae In Support of Plaintiffs' Motion for Preliminary Injunction with brief in support by amicus Life Legal Defense Foundation and Bioethics Defense Fund; (Attachments: # 1 Amicus Brief)(McElwee, Michael) Modified text and add filer on 12/13/2012 (gjf). (Entered: 12/12/2012)

1 Amicus Brief

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Dec. 12, 2012 PACER
32

ORDER granting 26 motion for leave to file; granting 28 motion for extension of time to file response/reply ; granting 31 motion for leave to file ; signed by Judge Robert J. Jonker (Judge Robert J. Jonker, ymc) (Entered: 12/13/2012)

Dec. 13, 2012 PACER
33

RESPONSE in support of MOTION for preliminary injunction 8 (document named as amicus brief in support of motion for preliminary injunction) filed by Bill Schuette (gjf) (Entered: 12/14/2012)

Dec. 13, 2012 PACER
34

RESPONSE in support of MOTION for preliminary injunction 8 (document named as amicus curiae brief in support of motion for preliminary injunction) filed by Bioethics Defense Fund, Life Legal Defense Foundation (gjf) (Entered: 12/14/2012)

Dec. 13, 2012 PACER
35

NOTICE re 29 Response to Plaintiffs' Supplemental Authority by defendants Timothy Geithner, Kathleen Sebelius, Hilda L. Solis, United States Department of Health and Human Services, United States Department of Labor, United States Department of Treasury (Attachments: # 1 Exhibit Order in Korte v. HHS)(Pruski, Jacek) (Entered: 12/14/2012)

1 Exhibit Order in Korte v. HHS

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Dec. 14, 2012 PACER
36

BRIEF in support of MOTION for preliminary injunction 8 Plaintiffs' Supplemental Brief on Anti-Injuction Act Supporting Motion for Preliminary Injunction filed by Autocam Corporation, Autocam Medical, LLC, John Kennedy, John Kennedy, IV, Margaret Kennedy, Paul Kennedy, Thomas Kennedy (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Miller, Jason) (Entered: 12/17/2012)

1 Exhibit A

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2 Exhibit B

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Dec. 17, 2012 PACER
37

MINUTES of motion hearing re 8 MOTION for preliminary injunction filed by Thomas Kennedy, John Kennedy, IV, Autocam Medical Device Holdings, LLC, Autocam Corporation, Autocam Medical, LLC, Margaret Kennedy, Paul Kennedy, John Kennedy held before Judge Robert J. Jonker (Court Reporter: Glenda Trexler) (Judge Robert J. Jonker, ymc) (Entered: 12/18/2012)

Dec. 17, 2012 PACER
38

TRANSCRIPT of Plaintiffs' Motion for Preliminary Injunction held 12/17/2012 before Judge Robert J. Jonker; NOTE: this transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the release of transcript restriction date; after that date it may be obtained through PACER; under the Policy Regarding Transcripts the parties have 14 days within which to file a Notice of Intent to redact, and 21 days within which to file a Redaction Request; if no Transcript Redaction Request is filed, the court will assume redaction of personal identifiers is not necessary and this transcript will be made available via PACER after the release of transcript restriction set for 3/19/2013 ; redaction request due 1/9/2013 (Court Reporter: Trexler, Glenda (517)819-0396) (Entered: 12/19/2012)

Dec. 19, 2012 PACER
39

NOTICE re 8 Notice of Supplemental Authority by plaintiffs Autocam Corporation, Autocam Medical, LLC, John Kennedy, John Kennedy, IV, Margaret Kennedy, Paul Kennedy, Thomas Kennedy (Attachments: # 1 Exhibit 1)(Miller, Jason) (Entered: 12/21/2012)

1 Exhibit 1

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Dec. 21, 2012 PACER
40

SUPPLEMENTAL BRIEF on harm supporting MOTION for preliminary injunction 8 filed by Autocam Corporation, Autocam Medical, LLC, John Kennedy, John Kennedy, IV, Margaret Kennedy, Paul Kennedy, Thomas Kennedy (Attachments: # 1 Exhibit A)(Miller, Jason) Modified text on 12/26/2012 (gjf). (Entered: 12/21/2012)

1 Exhibit A

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Dec. 21, 2012 PACER

(NON-DOCUMENT) ATTORNEY APPEARANCE of Michelle Bennett on behalf of defendants Timothy Geithner, Kathleen Sebelius, Hilda L. Solis, United States Department of Health and Human Services, United States Department of Labor, United States Department of Treasury (Bennett, Michelle)

Dec. 21, 2012 PACER
41

SUPPLEMENTAL BRIEF re MOTION for preliminary injunction 8 by defendants Timothy Geithner, Kathleen Sebelius, Hilda L. Solis, United States Department of Health and Human Services, United States Department of Labor, United States Department of Treasury (Attachments: # 1 Exhibit 1: Tenth Circuit Hobby Lobby Decision)(Pruski, Jacek) Modified text on 12/26/2012 (gjf). (Entered: 12/21/2012)

1 Exhibit 1: Tenth Circuit Hobby Lobby Decision

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Dec. 21, 2012 PACER
42

OPINION AND ORDER denying 8 motion for preliminary injunction ; signed by Judge Robert J. Jonker (Jonker, Robert) (Entered: 12/24/2012)

Dec. 24, 2012 PACER
43

NOTICE OF APPEAL re 42 by plaintiffs Autocam Corporation, Autocam Medical, LLC, John Kennedy, John Kennedy, IV, Margaret Kennedy, Paul Kennedy, Thomas Kennedy (Miller, Jason) (Entered: 12/26/2012)

Dec. 26, 2012 PACER

APPEAL FEE PAID re 43 by plaintiffs Autocam Corporation, Autocam Medical, LLC, John Kennedy, John Kennedy, IV, Margaret Kennedy, Paul Kennedy, Thomas Kennedy in the amount of $455, receipt number 0646-2449176 (Miller, Jason)

Dec. 26, 2012 PACER
44

ORDER of USCA re appeal 43 ; denying motion for miscellaneous relief; granting motion expedite case; The clerk shall expedite this appeal for briefing and submission ; no mandate to issue (mkc) (Entered: 12/31/2012)

Dec. 28, 2012 PACER
45

ORDER of USCA re appeal 43 ; denying motion to reconsider previous order (mkc) (Entered: 01/02/2013)

Dec. 31, 2012 PACER

CASE NUMBER 12-2673 assigned by the Sixth Circuit to appeal 43 (mkc)

Dec. 31, 2012 PACER
46

JOINT MOTION to stay district court proceedings pending appeal by defendants Timothy Geithner, Kathleen Sebelius, Hilda L. Solis, United States Department of Health and Human Services, United States Department of Labor, United States Department of Treasury; (Attachments: # 1 Proposed Order)(Pruski, Jacek) (Entered: 01/03/2013)

1 Proposed Order

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Jan. 3, 2013 PACER
47

ORDER denying 46 motion to stay; Rather than stay proceedings entirely, the Court will extend deadline for Defendants to respond to Plaintiffs' complaint to 2/15/2013 ; signed by Judge Robert J. Jonker (Judge Robert J. Jonker, ymc) (Entered: 01/16/2013)

Jan. 16, 2013 PACER
48

NOTICE of Dismissal of Plaintiff's Counts VI and IX - XII by plaintiffs Autocam Corporation, Autocam Medical, LLC, John Kennedy, John Kennedy, IV, Margaret Kennedy, Paul Kennedy, Thomas Kennedy (Miller, Jason) (Entered: 02/05/2013)

Feb. 5, 2013 PACER
49

MOTION to dismiss for failure to state a claim by defendants Timothy Geithner, Kathleen Sebelius, Hilda L. Solis, United States Department of Health and Human Services, United States Department of Labor, United States Department of Treasury; (Pruski, Jacek) (Entered: 02/15/2013)

Feb. 15, 2013 PACER
50

BRIEF in support of MOTION to dismiss for failure to state a claim 49 filed by Timothy Geithner, Kathleen Sebelius, Hilda L. Solis, United States Department of Health and Human Services, United States Department of Labor, United States Department of Treasury (Attachments: # 1 Exhibit 1 - Conestoga Third Circuit Order)(Pruski, Jacek) Modified text on 2/19/2013 (gjf). (Entered: 02/15/2013)

1 Exhibit Conestoga Third Circuit Order

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Feb. 15, 2013 PACER
51

ORDER of USCA re appeal 43 ; ordered that the motion of amicus Family Trust Foundation of Kentucky to withdraw motion to file amicus brief is granted (gjf) (Entered: 02/22/2013)

Feb. 22, 2013 PACER
52

MOTION for leave to file Motion for Leave to Serve First Written Discovery on Defendants by plaintiffs Autocam Corporation, Autocam Medical, LLC, John Kennedy, John Kennedy, IV, Margaret Kennedy, Paul Kennedy, Thomas Kennedy; (Attachments: # 1 Exhibit 1)(Miller, Jason) (Entered: 03/05/2013)

1 Exhibit 1

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March 5, 2013 PACER
53

RESPONSE TO MOTION to dismiss for failure to state a claim 49 (document named as Brief Opposing Motion to Dismiss) filed by Autocam Corporation, Autocam Medical, LLC, John Kennedy, John Kennedy, IV, Margaret Kennedy, Paul Kennedy, Thomas Kennedy (Miller, Jason) Modified text on 3/19/2013 (gjf). (Entered: 03/18/2013)

March 18, 2013 PACER
54

RESPONSE in opposition to MOTION for leave to file Motion for Leave to Serve First Written Discovery on Defendants 52 filed by Timothy Geithner, Kathleen Sebelius, Hilda L. Solis, United States Department of Health and Human Services, United States Department of Labor, United States Department of Treasury (Pruski, Jacek) (Entered: 03/19/2013)

March 19, 2013 PACER
55

ORDER of USCA re appeal 43 ; granting motion to withdraw motion to file an amici brief (gjf) (Entered: 03/22/2013)

March 22, 2013 PACER
56

ORDER of USCA re appeal 43 ; granting motion for an extension to file amici brief (gjf) (Entered: 03/28/2013)

March 28, 2013 PACER
57

ORDER of USCA re appeal 43 ;amici's motion to file a substitute brief is granted (gjf) (Entered: 04/01/2013)

April 1, 2013 PACER
58

REPLY to response to motion 49 to dismiss filed by Timothy Geithner, Kathleen Sebelius, Hilda L. Solis, United States Department of Health and Human Services, United States Department of Labor, United States Department of Treasury (Pruski, Jacek) (Entered: 04/01/2013)

April 1, 2013 PACER
59

ORDER of USCA re appeal 43 granting motion to change argument date; Oral argument will be set for 06/11/13 with the time and place to be determined (jem) (Entered: 04/04/2013)

April 3, 2013 PACER
60

ORDER of USCA re appeal 43 ; ordered that the motion to file a supplemental brief is granted (gjf) (Entered: 05/03/2013)

May 3, 2013 PACER
61

OPINION AND JUDGMENT of USCA re appeal 43 ; ordered that the district court's denial of Autocam's motion for preliminary injunction is affirmed and the case is remanded to the district court with instructions to dismiss the Kennedys' Religious Freedom Restoration Act claims due to a lack of jurisdiction; mandate to issue (gjf) Modified text on 9/17/2013 (gjf). Modified text on 9/19/2013 (gjf). (Entered: 09/17/2013)

Sept. 17, 2013 PACER
62

ORDER: parties may show cause by September 27, 2013 and motion for leave to serve written discovery (#52) is denied ; signed by Judge Robert J. Jonker (Judge Robert J. Jonker, mil) (Entered: 09/18/2013)

Sept. 18, 2013 PACER
63

MOTION to stay Case by plaintiffs Autocam Corporation, Autocam Medical, LLC, John Kennedy, John Kennedy, IV, Margaret Kennedy, Paul Kennedy, Thomas Kennedy; (Miller, Jason) (Entered: 09/27/2013)

Sept. 27, 2013 PACER
64

NOTICE re 62 Response to Order to Show Cause by plaintiffs Autocam Corporation, Autocam Medical, LLC, John Kennedy, John Kennedy, IV, Margaret Kennedy, Paul Kennedy, Thomas Kennedy (Attachments: # 1 Attachment U.S. Court of Appeals for the 10th Circuit Order)(Miller, Jason) (Entered: 09/27/2013)

1 Attachment U.S. Court of Appeals for the 10th Circuit Order

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Sept. 27, 2013 PACER
65

ORDER: Plaintiffs' Counts VI and IX-XII are DISMISSED WITHOUT PREJUDICE; Plaintiffs' Motion to Stay 63 is DENIED; claims of the individual Plaintiffs in Counts I-V, VII, and VIII are DISMISSED; Defendants' Motion to Dismiss 49 is GRANTED as to the corporate Plaintiffs' claims in Counts I-V, VII, and VIII; signed by Judge Robert J. Jonker (Judge Robert J. Jonker, ymc) (Entered: 09/30/2013)

Sept. 30, 2013 PACER
66

JUDGMENT in favor of Defendants and against Plaintiffs Autocam Corporation and Autocam Medical, LLC, dismissing Counts I - V, VII, and VIII for failure to state a claim, and Counts VI and IX-XII without prejudice under Rule 41(a). Judgment is further entered dismissing the claims of the individual Plaintiffs in Counts I-V, VII, and VIII for lack of standing ; signed by Judge Robert J. Jonker (Judge Robert J. Jonker, ymc) (Entered: 09/30/2013)

Sept. 30, 2013 PACER
67

NOTICE OF APPEAL re 66 by plaintiffs Autocam Corporation, Autocam Medical, LLC, John Kennedy, John Kennedy, IV, Margaret Kennedy, Paul Kennedy, Thomas Kennedy (Miller, Jason) (Entered: 10/02/2013)

Oct. 2, 2013 PACER

APPEAL FEE PAID re 67 by plaintiffs Autocam Corporation, Autocam Medical, LLC, John Kennedy, John Kennedy, IV, Margaret Kennedy, Paul Kennedy, Thomas Kennedy in the amount of $455, receipt number 0646-2699370 (Miller, Jason)

Oct. 2, 2013 PACER

CASE NUMBER 13-2316 assigned by the Sixth Circuit to appeal 67 (mkc)

Oct. 4, 2013 PACER
68

ORDER of USCA re appeal 43 staying the mandate to allow time to file a petition for a writ of certiorari ; mandate to issue (ald) Modified text on 7/2/2014 (jlg). (Entered: 10/09/2013)

Oct. 9, 2013 PACER
69

LETTER from Supreme Court of the United States that a petition for writ of certiorari was filed by plaintiff Autocam Corporation on 10/15/2013 and assigned case number 13-482 re Notice of Appeal 43 (gjf) (Entered: 10/22/2013)

Oct. 22, 2013 PACER
70

LETTER from Supreme Court of the United States that the petition for writ of certiorari is granted; the judgment is vacated and the case is remanded to the United States Court of Appeals for the Sixth Circuit for further consideration in light of Burwell v. Hobby Lobby Stores, Inc., 573 U.S. ____ (2014) re Notice of Appeal 43 (jlg) (Entered: 07/02/2014)

July 1, 2014 PACER
71

SUPREME COURT JUDGMENT re appeal 67 The judgment of the above court is vacated with costs, and the case is remanded to the United States Court of Appeals for the Sixth Circuit (dfw) (Entered: 08/05/2014)

Aug. 4, 2014 PACER
72

ORDER of USCA re appeal 67 granting motion to withdraw as counsel by Jason Charles Miller (jlg) (Entered: 12/02/2014)

Dec. 2, 2014 PACER
73

ORDER of USCA re appeal 67, 43 granting motion to consolidate, granting motion to withdraw as counsel and granting motion to remand case; all other motions are denied as moot ; mandate to issue (ns) (Entered: 12/18/2014)

Dec. 11, 2014 PACER
74

MANDATE of USCA re appeal 67, 43 (ns) (Entered: 12/19/2014)

Dec. 18, 2014 PACER
75

MOTION for permanent injunction by plaintiffs Autocam Corporation, Autocam Medical, LLC, John Kennedy, John Kennedy, IV, Margaret Kennedy, Paul Kennedy, Thomas Kennedy; (Attachments: # 1 Proposed Order)(Gillen, Patrick) (Entered: 12/19/2014)

1 Proposed Order

View on PACER

Dec. 19, 2014 RECAP
76

ORDER granting 75 Motion for Permanent Injunction and Judgment ; signed by Judge Robert J. Jonker (Judge Robert J. Jonker, ymc) (Entered: 01/05/2015)

Jan. 5, 2015 RECAP
77

JOINT STATUS REPORT submitted for filing by defendants Timothy Geithner, Kathleen Sebelius, Hilda L. Solis, United States Department of Health and Human Services, United States Department of Labor, United States Department of Treasury (Pruski, Jacek) (Entered: 01/29/2015)

Jan. 29, 2015 PACER
78

ORDER directing another Joint Status Report by February 27, 2015 and issuing a May 27, 2015 filing deadline ; signed by Judge Robert J. Jonker (Judge Robert J. Jonker, mil) (Entered: 01/30/2015)

Jan. 30, 2015 PACER
79

JOINT STATUS REPORT submitted for filing by defendants Timothy Geithner, Kathleen Sebelius, Hilda L. Solis, United States Department of Health and Human Services, United States Department of Labor, United States Department of Treasury (Pruski, Jacek) (Entered: 02/25/2015)

Feb. 25, 2015 PACER

(NON-DOCUMENT) ATTORNEY APPEARANCE of Benjamin L. Berwick on behalf of defendants Timothy Geithner, Kathleen Sebelius, Hilda L. Solis, United States Department of Health and Human Services, United States Department of Labor, United States Department of Treasury (Berwick, Benjamin)

April 17, 2015 PACER

State / Territory: Michigan

Case Type(s):

Speech and Religious Freedom

Special Collection(s):

Contraception Insurance Mandate

Key Dates

Filing Date: Oct. 8, 2012

Closing Date: 2015

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Plaintiffs are companies (and owners) who qualify as large employers under the ACA, but who do not qualify for the religious institution exemption.

Plaintiff Type(s):

Closely-held (for profit) corporation

Private Plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

US Department of Health and Human Services (Washington), Federal

US Department of Labor (Washington), Federal

US Department of the Treasury (Washington), Federal

Defendant Type(s):

Hospital/Health Department

Jurisdiction-wide

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

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 denied

Preliminary relief granted

Issues

General:

Contraception

Religious programs / policies

Discrimination-basis:

Religion discrimination