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Case: Ave Maria University v. Sebelius

2:13-cv-00630 | U.S. District Court for the Middle District of Florida

Filed Date: Aug. 29, 2013

Closed Date: Oct. 9, 2018

Clearinghouse coding complete

Case Summary

This case is one of the many filed in federal district courts across the country by non-profit Catholic organizations challenging the ACA's system for ensuring that employee health insurance covers birth control. Here, the plaintiff, a Catholic liberal arts college, filed a lawsuit in the U.S. District Court for the Middle District of Florida under 42 U.S.C. §1983, the Religious Freedom Restoration Act (RFRA), and the Administrative Procedure Act (APA), against the U.S. Departments of Health an…

This case is one of the many filed in federal district courts across the country by non-profit Catholic organizations challenging the ACA's system for ensuring that employee health insurance covers birth control. Here, the plaintiff, a Catholic liberal arts college, filed a lawsuit in the U.S. District Court for the Middle District of Florida under 42 U.S.C. §1983, the Religious Freedom Restoration Act (RFRA), and the Administrative Procedure Act (APA), against the U.S. Departments of Health and Human Services, Labor, and the Treasury. The plaintiff asked the court for both declaratory and injunctive relief, alleging that federal rules adopted under the 2010 Patient Protection and Affordable Care Act (ACA) violated its religious freedom by requiring it to provide coverage for contraception through its group health insurance plan. Claiming that providing coverage for contraception would both contravene its Catholic faith and compel speech contrary to its beliefs, the plaintiff sought an exemption from the ACA's contraception mandate for itself and other institutions with similar religious objections.

On May 4, 2012, the defendants moved to dismiss the case for lack of jurisdiction. The defendants argued that the plaintiff could not claim any imminent harm because the plaintiff had not introduced evidence to prove it did not qualify for the enforcement "safe harbor" period extending until January 1, 2014, and because the defendants were in the process of amending the contraceptive coverage regulations to accommodate the objections of religious institutions like the plaintiff. In its brief opposing the motion to dismiss, the plaintiff argued that it could claim imminent harm because the anticipated amendments likely would not change the offensive contraception coverage requirement.

On July 10, 2012, the defendants moved to stay discovery pending resolution of the motion to dismiss. On July 31, 2012, Magistrate Judge Sheri P. Chappell of the U.S. District Court for the Middle District of Florida denied the motion, finding that the "large number of other challenges" by similarly situated plaintiffs would require the defendants to conduct discovery regardless of the outcome of the defendant's motion to dismiss this particular case. 2012 WL 3128015. The defendants sought review of this order on August 3, 2012, and on November 28, 2012, Judge John Antoon II issued an order sustaining defendants' objections, overturning the July 31, 2012 order, and granting the motion to stay discovery pending resolution of the motion to dismiss.

On March 29, 2013, Judge Antoon granted the defendants' motion to dismiss. Judge Antoon found that, in light of the defendants' efforts to address the plaintiff's concerns via the safe harbor period and the anticipated amendments, the plaintiff's claim was not yet ripe for review. 2013 WL 1326638.

On August 29, 2013, the university refiled its complaint, which was eventually assigned to Judge James S. Moody. On October 22, 2013, the university moved for summary judgment, which Judge Moody denied one day later as premature.

On November 19, 2013, the defendants moved to dismiss or, in the alternative, for summary judgment. However, on December 11, 2013, Judge Moody stayed the case, in light of a substantially similar case pending before the Supreme Court, Burwell v. Hobby Lobby Stores, Inc., 134 S. Ct. 2751 (2014).

On June 30, 2014, the Supreme Court issued a decision in Hobby Lobby. In a 5-4 opinion by Justice Alito, the Court held that the HHS regulations imposing the contraceptive mandate violated RFRA when applied to closely-held for-profit corporations. 

On August 7, 2014, the plaintiff moved to reopen the case, and the court granted the motion on the same day. The plaintiff also moved for a preliminary injunction prohibiting the defendant from assessing fines or taking other enforcement action against the university for not following the mandate or accommodation procedures.

On July 3, 2014, the Supreme Court issued an interim order in Wheaton College v. Burwell, 134 S. Ct. 2806 (2014), which held that to obtain an injunction pending appeal, an eligible organization is not required to follow the notice procedures under the Final Rules. Rather, it is enough for the organization simply to inform the HHS in writing that it objects to the contraception provisions.

Following this ruling, HHS issued Interim Final Regulations providing that an eligible organization seeking accommodation need only to inform the department in writing of its religious objection to the mandate, and include the name of its insurance plan and type, and the name and contact information for any of the plan's third-party administrators and health-insurance issuers.

On July 30, 2014, the plaintiff provided notice to the defendant of its objection to the mandate, but did not include any of the other information that the Interim Final Regulations required.

On October 28, 2014, Judge Moody granted the university's motion for a preliminary injunction. He ruled that the university did not need to follow either the Final Rules or the Interim Final Regulations for the injunction to take effect. The judge also stayed the case pending the resolution of the appeal in Eternal Word Television Network, Inc. v. Sec'y, U.S. Dep't of Health & Human Servs., et al. ("EWTN"), No. 14-12696-CC (11th Cir.).

On March 21, 2016, the parties filed a joint notice to notify the court that the Eleventh Circuit issued a decision in EWTN, see 2016 WL 659222 (11th Cir. Feb. 18, 2016), and stayed the mandate because the same question at issue in both EWTN and in this case was being reviewed on the merits by the Supreme Court in Zubik v. Burwell, 136 S. Ct. 1557 (2016). The notice also stated that the parties planned to notify the Court within 30 days of the final disposition of EWTN .

On May 16, 2016, the Supreme Court issued a decision in Zubik v. Burwell recognizing the need for government policy to balance religious objections to the ACA contraceptive mandate with providing full access to healthcare for coverage, and vacated the judgments below and remanded to the Courts of Appeals for the Third, Fifth, Tenth, and D.C. Circuits.

On October 6, 2017, President Trump changed federal government's policy on the matter, removing the requirement that employers provide contraception coverage through health insurance plans. Following this change in policy, on October 10, 2017, the defendants voluntarily dismissed their appeal.

This case was dormant until June 22, 2018, when the plaintiffs moved for permanent injunction and declaratory relief citing concerns that future government policies could still infringe on their religious freedoms.

On July 11, 2018, the court granted the motions. The court provided a permanent injunction that prohibited the government from mandating provision of sterilization or contraceptive drugs, devices, or procedures and related education and counseling to which the plaintiffs had sincerely held religious objections.

Following this ruling, the parties filed notice on October 9, 2018 that the matter of attorneys' fees had been voluntarily settled by both parties. The case is now closed.

Summary Authors

Hannah Swanson (4/8/2013)

Andrew Junker (10/29/2014)

Elizabeth Greiter (1/6/2018)

Carter Powers Beggs (11/30/2019)

Related Cases

Hobby Lobby v. Sebelius, Western District of Oklahoma (2012)

Wheaton College v. Sebelius, Northern District of Illinois (2013)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/5276821/parties/ave-maria-university-v-sebelius/


Judge(s)

Antoon, John II (Florida)

Chappell, Sheri Polster (Florida)

Mirando, Carol (Florida)

Moody, James S. Jr. (Florida)

Attorneys(s) for Plaintiff

Baxter, Eric S. (District of Columbia)

D'Agostino, Louis D. (Florida)

Duncan, S. Kyle (District of Columbia)

Kniffin, Eric N (District of Columbia)

Passidomo, Cheffy (Florida)

Pettit, Michael Westcott (Florida)

Judge(s)

Antoon, John II (Florida)

Chappell, Sheri Polster (Florida)

Mirando, Carol (Florida)

Moody, James S. Jr. (Florida)

Attorneys(s) for Plaintiff

Baxter, Eric S. (District of Columbia)

D'Agostino, Louis D. (Florida)

Duncan, S. Kyle (District of Columbia)

Kniffin, Eric N (District of Columbia)

Passidomo, Cheffy (Florida)

Pettit, Michael Westcott (Florida)

Verm, Diana Marie (District of Columbia)

Womack, Eric R. (District of Columbia)

Attorneys(s) for Defendant

Bennett, Michele (District of Columbia)

Berwick, Benjamin Leon (District of Columbia)

Grogg, Adam Anderson (District of Columbia)

Pruski, Jacek (District of Columbia)

Other Attorney(s)

Amiri, Brigitte A. (New York)

Kayanan, Maria (Florida)

Lee, Jennifer (New York)

Mach, Daniel (District of Columbia)

Documents in the Clearinghouse

Document

2:13-cv-00630

Docket

Sept. 25, 2018

Sept. 25, 2018

Docket
1

2:12-cv-00088

Complaint

Feb. 21, 2012

Feb. 21, 2012

Complaint
36

2:12-cv-00088

Order [Denying Motion to Stay Discovery Pending Resolution of Motion to Dismiss]

July 31, 2012

July 31, 2012

Order/Opinion
59

2:12-cv-00088

Order [Granting Motion to Stay Discovery Pending Resolution of Motion to Dismiss]

Nov. 28, 2012

Nov. 28, 2012

Order/Opinion
72

2:12-cv-00088

Order [Granting Motion to Dismiss for Lack of Jurisdiction]

March 29, 2013

March 29, 2013

Order/Opinion
1

2:13-cv-00630

Verified Complaint

Aug. 29, 2013

Aug. 29, 2013

Complaint
46

2:13-cv-00630

Order [Administratively Staying Case]

Dec. 11, 2013

Dec. 11, 2013

Order/Opinion
62

2:13-cv-00630

Order [Granting Motion for Preliminary Injunction]

Ave Maria University v. Sebelius et al.

Oct. 28, 2014

Oct. 28, 2014

Order/Opinion
68

2:13-cv-00795

Order Reopening Case and Granting Permanent Injunction and Declaratory Relief

July 11, 2018

July 11, 2018

Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/5276821/ave-maria-university-v-sebelius/

Last updated Nov. 28, 2022, 3:03 a.m.

ECF Number Description Date Link Date / Link
1

VERIFIED COMPLAINT (injunctive relief sought) against Jacob Lew, Thomas Perez, Kathleen Sebelius, United States Department of Health and Human Services, United States Department of the Treasury, United States Department of Labor (Filing fee $ 400 receipt number FTM005048) filed by Ave Maria University. (Attachments: # 1 Exhibit FDA Birth Control Guide, # 2 Civil Cover Sheet)(SLU) (Entered: 08/30/2013)

1 Exhibit FDA Birth Control Guide

View on PACER

2 Civil Cover Sheet

View on PACER

Aug. 29, 2013

Aug. 29, 2013

PACER
2

SUMMONS issued as to All Defendants. (SLU) (Entered: 08/30/2013)

Aug. 29, 2013

Aug. 29, 2013

PACER
3

NOTICE of pendency of related cases per Local Rule 1.04(d) by Ave Maria University. Related case(s): yes (SLU) (Entered: 08/30/2013)

Aug. 29, 2013

Aug. 29, 2013

PACER
4

MOTION for Diana M. Verm to appear pro hac vice by Ave Maria University. (SLU) Motions referred to Magistrate Judge Unassigned Magistrate. (Entered: 08/30/2013)

Aug. 29, 2013

Aug. 29, 2013

PACER
5

MOTION for Eric B. Baxter to appear pro hac vice by Ave Maria University. (SLU) Motions referred to Magistrate Judge Unassigned Magistrate. (Entered: 08/30/2013)

Aug. 29, 2013

Aug. 29, 2013

PACER
6

STANDING ORDER: Filing of documents that exceed twenty-five pages. Signed by All Divisional Judges on 8/30/2013. (SLU) (Entered: 08/30/2013)

Aug. 30, 2013

Aug. 30, 2013

PACER
7

ORDER granting 4 Attorney Diane M. Vern's Motion to Appear Pro Hac Vice; granting 5 Attorney Eric B. Baxter's Motion to Appear Pro Hac Vice. Unless already completed, within 14 days from the date of this Order, Ms. Vern and Mr. Baxter shall send to the Clerk's Office, the application for special admission to practice found on the Middle District of Florida's website (www.flmd.uscourts.gov) along with the required $10.00 application fee. The Clerk is directed to add Ms. Vern and Mr. Baxter to the service list. Within 14 days from the date of this Order, Counsel shall register for CM/ECF. Signed by Magistrate Judge Douglas N. Frazier on 8/30/2013. (CAS) (Entered: 08/30/2013)

Aug. 30, 2013

Aug. 30, 2013

PACER

***PRO HAC VICE FEES paid and Special Admission Attorney Certification Form filed by attorney Diana Verm, appearing on behalf of Ave Maria University (Filing fee $10 receipt number FTM5050.) Related document: 4 MOTION for Diana M. Verm to appear pro hac vice. (BJH)

Aug. 30, 2013

Aug. 30, 2013

PACER

***PRO HAC VICE FEES paid and Special Admission Attorney Certification Form filed by attorney Eric Baxter, appearing on behalf of Ave Maria University (Filing fee $10 receipt number FTM5049.) Related document: 5 MOTION for Eric B. Baxter to appear pro hac vice. (BJH)

Aug. 30, 2013

Aug. 30, 2013

PACER
8

ORDER of Recusal. Judge John E. Steele recused. The Clerk shall reassign the case to the next available District Judge. Signed by Judge John E. Steele on 9/5/2013. (RKR) (Entered: 09/05/2013)

Sept. 5, 2013

Sept. 5, 2013

PACER
9

Case reassigned to Judge Sheri Polster Chappell. New case number: 2-13-cv-630-FtM-38UAM. Judge John E. Steele no longer assigned to the case. (kma) (Entered: 09/09/2013)

Sept. 9, 2013

Sept. 9, 2013

PACER
10

ORDER of recusal. Judge Sheri Polster Chappell is recused and no longer assigned to this case. The Clerk of the Court is directed to reassign the case to another District Judge. Signed by Judge Sheri Polster Chappell on 9/9/2013. (DH) (Entered: 09/09/2013)

Sept. 9, 2013

Sept. 9, 2013

PACER
11

CASE Reassigned to Judge James S. Moody, Jr. New case number: 2:13-cv-630-FtM-30UAM. (SLU) (Entered: 09/11/2013)

Sept. 11, 2013

Sept. 11, 2013

PACER
12

RELATED CASE ORDER AND NOTICE of designation under Local Rule 3.05 - track 2 issued by Deputy Clerk on 9/16/2013. (SMB) (Entered: 09/16/2013)

Sept. 16, 2013

Sept. 16, 2013

PACER
13

SUMMONS returned executed by Ave Maria University. United States Department of Health and Human Services served on 9/10/2013, answer due 11/12/2013. (Baxter, Eric) (Entered: 09/19/2013)

Sept. 19, 2013

Sept. 19, 2013

PACER
14

SUMMONS returned executed by Ave Maria University. United States Department of Labor served on 9/10/2013, answer due 11/12/2013. (Baxter, Eric) (Entered: 09/19/2013)

Sept. 19, 2013

Sept. 19, 2013

PACER
15

SUMMONS returned executed by Ave Maria University. Jacob Lew served on 9/13/2013, answer due 11/12/2013. (Baxter, Eric) (Entered: 09/19/2013)

Sept. 19, 2013

Sept. 19, 2013

PACER
16

SUMMONS returned executed by Ave Maria University. Thomas Perez served on 9/10/2013, answer due 11/12/2013. (Baxter, Eric) (Entered: 09/19/2013)

Sept. 19, 2013

Sept. 19, 2013

PACER
17

SUMMONS returned executed by Ave Maria University. Kathleen Sebelius served on 9/10/2013, answer due 11/12/2013. (Baxter, Eric) (Entered: 09/19/2013)

Sept. 19, 2013

Sept. 19, 2013

PACER
18

SUMMONS returned executed by Ave Maria University. United States Department of the Treasury served on 9/13/2013, answer due 11/12/2013. (Baxter, Eric) (Entered: 09/19/2013)

Sept. 19, 2013

Sept. 19, 2013

PACER
19

PROOF of service upon Eric Holder, Attorney General by Ave Maria University (Baxter, Eric) Modified on 9/20/2013 to edit docket text (SLU). (Entered: 09/19/2013)

Sept. 19, 2013

Sept. 19, 2013

PACER
20

PROOF of service upon U.S. Attorney's Office by Ave Maria University (Baxter, Eric) Modified on 9/20/2013 to edit docket text (SLU). (Entered: 09/19/2013)

Sept. 19, 2013

Sept. 19, 2013

PACER
21

NOTICE of pendency of related cases re 12 Related case order and track 2 notice per Local Rule 1.04(d) by Ave Maria University. Related case(s): Yes. (Baxter, Eric) (Entered: 10/22/2013)

Oct. 22, 2013

Oct. 22, 2013

PACER
22

MOTION for summary judgment and memorandum in support by All Plaintiffs. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Baxter, Eric) Modified on 10/23/2013 to edit docket text as counsel advised combined pleading with motion and memorandum (SLU). (Entered: 10/22/2013)

1 Exhibit A

View on PACER

2 Exhibit B

View on PACER

Oct. 22, 2013

Oct. 22, 2013

PACER
23

ENDORSED ORDER denying 22 Motion for summary judgment. The motion is premature. Also, it exceeds the page limitation. Counsel is advised to review this Court's Local Rules. Signed by Judge James S. Moody, Jr on 10/23/2013. (LN) (Entered: 10/23/2013)

Oct. 23, 2013

Oct. 23, 2013

PACER
24

UNOPPOSED MOTION to extend time to file a response to the complaint by All Defendants. (Pruski, Jacek) Modified on 11/6/2013 to edit docket text (SLU). (Entered: 11/05/2013)

Nov. 5, 2013

Nov. 5, 2013

PACER
25

ENDORSED ORDER granting 24 Motion to extend time to respond to Complaint. Extension granted through November 19, 2013. Signed by Judge James S. Moody, Jr on 11/5/2013. (LN) (Entered: 11/05/2013)

Nov. 5, 2013

Nov. 5, 2013

PACER
26

INTERESTED PERSONS ORDER Certificate of interested persons and corporate disclosure statement due by 11/20/2013. Signed by Judge James S. Moody, Jr on 11/6/2013. (SLU) (Entered: 11/06/2013)

Nov. 6, 2013

Nov. 6, 2013

PACER
27

DEFENDANTS' UNOPPOSED MOTION for leave to file Motion in Excess of Page Limit by All Defendants. (Pruski, Jacek) Modified on 11/18/2013 to edit docket text (SLU). (Entered: 11/15/2013)

Nov. 15, 2013

Nov. 15, 2013

PACER
28

ENDORSED ORDER granting 27 Motion for Leave to File motion in excess of page limit. Signed by Judge James S. Moody, Jr on 11/15/2013. (LN) (Entered: 11/15/2013)

Nov. 15, 2013

Nov. 15, 2013

PACER
29

NOTICE by Jacob Lew, Thomas Perez, Kathleen Sebelius, United States Department of Health and Human Services, United States Department of Labor, United States Department of the Treasury of Filing of Certified Administrative Record (Attachments: # 1 Exhibit Certification, # 2 Exhibit Index)(Pruski, Jacek) (Entered: 11/19/2013)

1 Exhibit Certification

View on PACER

2 Exhibit Index

View on PACER

Nov. 19, 2013

Nov. 19, 2013

PACER
30

DEFENDANTS' MOTION to Dismiss or, in the Alternative,, MOTION for summary judgment and memorandum in support thereof by All Defendants. (Pruski, Jacek) Modified on 11/20/2013 to edit docket text (SLU). (Entered: 11/19/2013)

Nov. 19, 2013

Nov. 19, 2013

PACER
31

NOTICE of Appearance of counsel for prospective Amici Curiae, by Maria Kayanan on behalf of American Civil Liberties Union and American Civil Liberties Union of Florida (Kayanan, Maria) Modified on 11/20/2013 to edit docket text (SLU). (Entered: 11/19/2013)

Nov. 19, 2013

Nov. 19, 2013

PACER
32

MOTION to file brief as Amici Curiae by American Civil Liberties Union and American Civil Liberties Union of Florida. (Attachments: # 1 Exhibit Proposed Amicus Brief)(Kayanan, Maria) Modified on 11/20/2013 to edit docket text (SLU). (Entered: 11/19/2013)

1 Exhibit Proposed Amicus Brief

View on PACER

Nov. 19, 2013

Nov. 19, 2013

PACER
33

MOTION for Brigitte Amiri to appear pro hac vice by American Civil Liberties Union of Florida. (Attachments: # 1 Exhibit Attorney Certification)(Kayanan, Maria) Motions referred to Magistrate Judge Unassigned Magistrate. (Entered: 11/19/2013)

1 Exhibit Attorney Certification

View on PACER

Nov. 19, 2013

Nov. 19, 2013

PACER
34

MOTION for Daniel Mach to appear pro hac vice by American Civil Liberties Union of Florida. (Attachments: # 1 Exhibit Attorney Certification)(Kayanan, Maria) Motions referred to Magistrate Judge Unassigned Magistrate. (Entered: 11/19/2013)

1 Exhibit Attorney Certification

View on PACER

Nov. 19, 2013

Nov. 19, 2013

PACER
35

MOTION for Jennifer Lee to appear pro hac vice by American Civil Liberties Union of Florida. (Attachments: # 1 Exhibit Attorney Certification)(Kayanan, Maria) Motions referred to Magistrate Judge Unassigned Magistrate. (Entered: 11/19/2013)

1 Exhibit Attorney Certification

View on PACER

Nov. 19, 2013

Nov. 19, 2013

PACER
36

ENDORSED ORDER granting 32 Motion for Leave to File Brief. The ACLU file shall its brief. Signed by Judge James S. Moody, Jr on 11/20/2013. (LN) (Entered: 11/20/2013)

Nov. 20, 2013

Nov. 20, 2013

PACER
37

ENDORSED ORDER granting 33 motion to appear pro hac vice as to Brigitte Amiri. Signed by Judge James S. Moody, Jr on 11/20/2013. (LN) (Entered: 11/20/2013)

Nov. 20, 2013

Nov. 20, 2013

PACER
38

ENDORSED ORDER granting 34 motion to appear pro hac vice as to Daniel Mach. Signed by Judge James S. Moody, Jr on 11/20/2013. (LN) (Entered: 11/20/2013)

Nov. 20, 2013

Nov. 20, 2013

PACER
39

ENDORSED ORDER granting 35 motion to appear pro hac vice as to Jennifer Lee. Signed by Judge James S. Moody, Jr on 11/20/2013. (LN) (Entered: 11/20/2013)

Nov. 20, 2013

Nov. 20, 2013

PACER
40

MEMORANDUM in support re 30 Motion to dismiss Motion for summary judgment Amicus Brief filed by American Civil Liberties Union, American Civil Liberties Union of Florida. (Kayanan, Maria) Modified on 11/20/2013 to edit docket text (SLU). (Entered: 11/20/2013)

Nov. 20, 2013

Nov. 20, 2013

PACER
41

JOINT MOTION for miscellaneous relief, specifically to Set Briefing Schedule by Ave Maria University, Jacob Lew, Thomas Perez, Kathleen Sebelius, United States Department of Health and Human Services, United States Department of Labor, and United States Department of the Treasury. (Baxter, Eric) Modified on 11/21/2013 to add filers and edit docket text (SLU). (Entered: 11/20/2013)

Nov. 20, 2013

Nov. 20, 2013

PACER
42

ENDORSED ORDER granting 41 Motion to set briefing schedule. Plaintiff's cross-motion for partial summary judgment and its combined memorandum in support of its own motion and in opposition to Defendants' motion is due DECEMBER 13, 2013. Defendants' reply in support of their motion and response in opposition to Plaintiff's motion is due JANUARY 10, 2014. Plaintiff's reply in support of its motion is due JANUARY 24, 2014. Signed by Judge James S. Moody, Jr on 11/20/2013. (LN) (Entered: 11/20/2013)

Nov. 20, 2013

Nov. 20, 2013

PACER
43

CERTIFICATE of interested persons and corporate disclosure statement re 26 Interested persons order by Jacob Lew, Thomas 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: 11/20/2013)

Nov. 20, 2013

Nov. 20, 2013

PACER
44

CERTIFICATE of interested persons and corporate disclosure statement re 26 Interested persons order by Ave Maria University. (Baxter, Eric) (Entered: 11/20/2013)

Nov. 20, 2013

Nov. 20, 2013

PACER

***PRO HAC VICE FEES paid and Special Admission Attorney Certification Form filed by attorney Jennifer Lee, Daniel Mach, Brigitte Amiri, appearing on behalf of American Civil Liberties Union (Filing fee $30 receipt number FTM5392.) Related document: 34 MOTION for Daniel Mach to appear pro hac vice, 33 MOTION for Brigitte Amiri to appear pro hac vice, 35 MOTION for Jennifer Lee to appear pro hac vice. (BJH)

Nov. 29, 2013

Nov. 29, 2013

PACER
45

JOINT MOTION for Leave to File Excess Pages memoranda by Ave Maria University, American Civil Liberties Union of Florida, American Civil Liberties Union, Jacob Lew, United States Department of the Treasury, United States Department of Labor, United States Department of Health and Human Services, Kathleen Sebelius and Thomas Perez. (Baxter, Eric) Modified on 12/11/2013 to add filers and edit docket text (SLU). (Entered: 12/10/2013)

Dec. 10, 2013

Dec. 10, 2013

PACER
46

ORDER: This case shall be administratively stayed during the pendency of the Supreme Court's resolution of the circuit split regarding the Affordable Care Act's contraception coverage. The Clerk of Court shall close this case and terminate any pending motions. Within thirty (30) days after the Supreme Court's resolution of this issue, either party may move to reopen this case. Signed by Judge James S. Moody, Jr on 12/11/2013. (LN) (Entered: 12/11/2013)

Dec. 11, 2013

Dec. 11, 2013

PACER
47

MOTION to Reopen Case, MOTION for preliminary injunction one hour oral argument requested by Ave Maria University. (Attachments: # 1 Exhibit 1)(Baxter, Eric) Modified on 7/31/2014 to edit docket text (SLU). (Entered: 07/30/2014)

1 Exhibit 1

View on PACER

July 30, 2014

July 30, 2014

PACER
48

ENDORSED ORDER denying without prejudice 47 Plaintiff's Motion to Reopen and for Preliminary Injunction. The motion to reopen shall be filed separately and Plaintiff shall confer with Defendant regarding the motion prior to filing same under Rule 3.01(g). The parties are encouraged to review the scheduling order recently set forth in 2:13-cv-795, a similar case involving Ave Maria School of Law. Signed by Judge James S. Moody, Jr on 7/31/2014. (LN) (Entered: 07/31/2014)

July 31, 2014

July 31, 2014

PACER
49

MOTION to Reopen Case by Ave Maria University. (Baxter, Eric). Added MOTION for miscellaneous relief, specifically for briefing schedule on 8/7/2014 (SLU). (Entered: 08/07/2014)

Aug. 7, 2014

Aug. 7, 2014

PACER
50

ORDER: Plaintiff's Unopposed Motion to Reopen and Request for Briefing Schedule (Dkt. 49) is granted. The Clerk of Court is directed to reopen this case. The parties may brief a preliminary injunction motion. Plaintiff's motion for preliminary injunction shall be filed on or before September 12, 2014. Defendants' response to the motion for preliminary injunction shall be filed on or before September 22, 2014. The parties are allotted 35 pages for argument. The Court will issue a ruling on the motion for preliminary injunction prior to the November 1, 2014 deadline. Signed by Judge James S. Moody, Jr on 8/7/2014. (LN) (Entered: 08/07/2014)

Aug. 7, 2014

Aug. 7, 2014

RECAP
51

Case reassigned to Magistrate Judge Carol Mirando. New case number: 2:13-cv-630-FtM-30CM. Unassigned Magistrate no longer assigned to the case. (kma) (Entered: 08/15/2014)

Aug. 15, 2014

Aug. 15, 2014

PACER
52

MOTION for preliminary injunction one hour oral argument requested by Ave Maria University. (Attachments: # 1 Exhibit A)(Baxter, Eric) (Entered: 09/12/2014)

1 Exhibit A

View on PACER

Sept. 12, 2014

Sept. 12, 2014

PACER
53

RESPONSE in Opposition re 52 MOTION for preliminary injunction one hour oral argument requested filed by Jacob Lew, Thomas 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: 09/22/2014)

Sept. 22, 2014

Sept. 22, 2014

PACER
54

CONSENT MOTION for leave to file a Reply Memorandum in Support of Motion for Preliminary Injunction by Ave Maria University. (Baxter, Eric) Modified on 9/29/2014 to edit docket text (SLU). (Entered: 09/29/2014)

Sept. 29, 2014

Sept. 29, 2014

PACER
55

ENDORSED ORDER granting 54 Motion for Leave to File Reply. Plaintiff shall file a reply memorandum not exceeding 15 pages on or before October 2, 2014. Signed by Judge James S. Moody, Jr on 9/30/2014. (LN) (Entered: 09/30/2014)

Sept. 30, 2014

Sept. 30, 2014

PACER
56

REPLY MEMORANDUM in support of Response to Motion re 52 MOTION for preliminary injunction one hour oral argument requested filed by Ave Maria University. (Baxter, Eric) Modified on 10/3/2014 to edit docket text (SLU). (Entered: 10/02/2014)

Oct. 2, 2014

Oct. 2, 2014

PACER
57

NOTICE OF HEARING: Oral argument on 52 Motion for preliminary injunction. Motion Hearing set for WEDNESDAY, 10/29/2014 at 3:15 PM in Tampa Courtroom 17 before Judge James S. Moody Jr. Time reserved: One hour. (LN) (Entered: 10/15/2014)

Oct. 15, 2014

Oct. 15, 2014

PACER
58

NOTICE of Appearance by Adam Grogg on behalf of Jacob Lew, Thomas Perez, Kathleen Sebelius, United States Department of Health and Human Services, United States Department of Labor, United States Department of the Treasury (Grogg, Adam) (Entered: 10/20/2014)

Oct. 20, 2014

Oct. 20, 2014

PACER
59

CANCELLATION NOTICE: The Oral Argument hearing scheduled for 10/29/2014 at 3:15 p.m. is cancelled. (LN) (Entered: 10/27/2014)

Oct. 27, 2014

Oct. 27, 2014

PACER
60

MOTION for leave to file response to plaintiff's reply by Jacob Lew, Thomas Perez, Kathleen Sebelius, United States Department of Health and Human Services, United States Department of Labor, United States Department of the Treasury. (Grogg, Adam) (Entered: 10/27/2014)

Oct. 27, 2014

Oct. 27, 2014

PACER
61

RESPONSE in Opposition re 60 MOTION for leave to file response to plaintiff's reply filed by Ave Maria University. (Baxter, Eric) (Entered: 10/28/2014)

Oct. 28, 2014

Oct. 28, 2014

PACER
62

ORDER: Plaintiff Ave Maria University's Motion for Preliminary Injunction 52 is GRANTED. Defendants are enjoined from enforcing against Ave Maria University the substantive requirements set forth in 42 U.S.C. ยง 300gg-13(a)(4) and its implementing guidance and regulations, and from assessing fines or taking other enforcement action against Ave Maria University for noncompliance. This preliminary injunction takes effect immediately, and shall remain in effect pending entry of final judgment in this matter or further order of this Court. This case is stayed pending resolution of the appeal in Eternal Word Television Network, Inc. v. Sec'y, U.S. Dep't of Health & Human Servs., et al., No. 14-12696-CC (11th Cir. filed July 28, 2014). The Clerk is directed to administratively CLOSE this case. The parties are directed to notify the Court of the final disposition of Eternal Word Television Network, Inc. v. Sec'y, U.S. Dep't of Health & Human Servs., et al., No. 14-12696-CC (11th Cir. filed July 28, 2014) within 30 days thereof. Signed by Judge James S. Moody, Jr on 10/28/2014. (LN) (Entered: 10/28/2014)

Oct. 28, 2014

Oct. 28, 2014

RECAP
63

ENDORSED ORDER denying as moot 60 Motion for Leave to File. Signed by Judge James S. Moody, Jr on 10/28/2014. (LN) (Entered: 10/28/2014)

Oct. 28, 2014

Oct. 28, 2014

PACER
64

NOTICE OF APPEAL as to 62 Order on Motion for Preliminary Injunction by Jacob Lew, Thomas Perez, Kathleen Sebelius, United States Department of Health and Human Services, United States Department of Labor, United States Department of the Treasury. Filing fee not paid. (Pruski, Jacek) (Entered: 12/23/2014)

Dec. 23, 2014

Dec. 23, 2014

RECAP
65

TRANSMITTAL of initial appeal package to USCA consisting of copies of notice of appeal, docket sheet, order/judgment being appealed, and motion, if applicable to USCA re 64 Notice of appeal. (slp) (Entered: 12/29/2014)

Dec. 29, 2014

Dec. 29, 2014

PACER
66

JOINT NOTICE by Ave Maria University and Defendants (Verm, Diana) Modified on 3/21/2016 to add filers and edit docket text (SLU). (Entered: 03/21/2016)

March 21, 2016

March 21, 2016

PACER
67

Notice of substitution of AUSA. Michele Bennett substituting for Adam Grogg. (Bennett, Michele) (Entered: 08/15/2017)

Aug. 15, 2017

Aug. 15, 2017

PACER
68

First MOTION to Reopen Case and Dispositive Motion for Entry of Permanent Injunction and Declaratory Relief by Ave Maria University. (Attachments: # 1 Text of Proposed Order)(D'Agostino, Louis) (Entered: 06/08/2018)

1 Text of Proposed Order

View on PACER

June 8, 2018

June 8, 2018

PACER
69

RESPONSE to Motion re 68 First MOTION to Reopen Case and Dispositive Motion for Entry of Permanent Injunction and Declaratory Relief filed by Jacob Lew, Thomas Perez, Kathleen Sebelius, United States Department of Health and Human Services, United States Department of Labor, United States Department of the Treasury. (Bennett, Michele) (Entered: 06/22/2018)

June 22, 2018

June 22, 2018

RECAP
70

ENDORSED ORDER: The Court has reviewed Plaintiff's Unopposed Motion to Reopen and Dispositive Motion for Entry of Permanent Injunction and Declaratory Relief (Dkt. 68) and Defendants' Response (Dkt. 69) thereto. The parties shall confer on an agreed Permanent Injunction and Plaintiff shall file the agreed proposed Permanent Injunction within fourteen (14) days of this Order. If the parties are unable to agree on a proposed Permanent Injunction, they may file separate versions along with a brief explanation describing why that version is appropriate during that same period of time. Signed by Judge James S. Moody, Jr. on 6/25/2018. (SMB) (Entered: 06/25/2018)

June 25, 2018

June 25, 2018

PACER
71

NOTICE by Ave Maria University re 68 First MOTION to Reopen Case and Dispositive Motion for Entry of Permanent Injunction and Declaratory Relief (Attachments: # 1 Text of Proposed Order)(Verm, Diana) (Entered: 07/09/2018)

1 Text of Proposed Order

View on PACER

July 9, 2018

July 9, 2018

PACER
72

ORDER: Ave Maria's Motion for Order Reopening Case and Granting Permanent Injunction and Declaratory Relief (Dkt. 68) is GRANTED. The Clerk of Court is directed to close this case. (SMB) (Entered: 07/11/2018)

July 11, 2018

July 11, 2018

RECAP
73

Unopposed MOTION for Final judgment by Ave Maria University. (Attachments: # 1 Text of Proposed Order)(Verm, Diana) (Entered: 07/25/2018)

1 Text of Proposed Order

View on PACER

July 25, 2018

July 25, 2018

PACER
74

ENDORSED ORDER granting 73 Ave Maria University's Unopposed Motion for Entry of Final Judgment. An Order of Final Judgment will be entered separately. Signed by Judge James S. Moody, Jr. on 7/26/2018. (SMB) (Entered: 07/26/2018)

July 26, 2018

July 26, 2018

PACER
75

ORDER OF FINAL JUDGMENT. (See Order for details.) Signed by Judge James S. Moody, Jr. on 7/26/2018. (SMB) (Entered: 07/26/2018)

July 26, 2018

July 26, 2018

RECAP
76

Joint MOTION to extend time to October 9, 2018 for deadlines pertaining to fees and costs by Ave Maria University. (Attachments: # 1 Text of Proposed Order)(Verm, Diana) (Entered: 09/24/2018)

1 Text of Proposed Order

View on PACER

Sept. 24, 2018

Sept. 24, 2018

PACER
77

ENDORSED ORDER granting 76 Joint Motion for Extension of Deadlines Pertaining to Process for Awarding Attorney Fees and Costs. The new due date for a Motion for Fees and Costs is October 9, 2018. Signed by Judge James S. Moody, Jr. on 9/25/2018. (AD) (Entered: 09/25/2018)

Sept. 25, 2018

Sept. 25, 2018

PACER

Case Details

State / Territory: Florida

Case Type(s):

Speech and Religious Freedom

Special Collection(s):

Contraception Insurance Mandate

Multi-LexSum (in sample)

Key Dates

Filing Date: Aug. 29, 2013

Closing Date: Oct. 9, 2018

Case Ongoing: No

Plaintiffs

Plaintiff Description:

A non-profit Catholic university opposed to the ACA's contraception coverage mandate.

Plaintiff Type(s):

Non-profit religious organization

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.

Declaratory Judgment Act, 28 U.S.C. § 2201

Constitutional Clause(s):

Due Process

Free Exercise Clause

Establishment Clause

Freedom of speech/association

Equal Protection

Availably Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Attorneys fees

Preliminary injunction / Temp. restraining order

Declaratory Judgment

Source of Relief:

Settlement

Litigation

Form of Settlement:

Voluntary Dismissal

Order Duration: 2018 - None

Content of Injunction:

Preliminary relief granted

Issues

General:

Abortion

Contraception

Religious programs / policies

Discrimination-area:

Pay / Benefits

Discrimination-basis:

Religion discrimination

Type of Facility:

Non-government non-profit