Case: Geneva College v. Sebelius

2:12-cv-00207 | U.S. District Court for the Western District of Pennsylvania

Filed Date: Feb. 21, 2012

Closed Date: Oct. 11, 2018

Clearinghouse coding complete

Case Summary

This is one of many lawsuits brought challenging the Obama Administration's 2012 Health and Human Services (HHS) mandate requiring employers to pay for employees' contraception and abortifacients via medical insurance coverage. Many religious hospitals, charities, universities, and other enterprises owned or controlled by religious organizations or individuals who opposed contraception on doctrinal grounds argued the mandate violated their religious beliefs. For a full list of contraception ins…

This is one of many lawsuits brought challenging the Obama Administration's 2012 Health and Human Services (HHS) mandate requiring employers to pay for employees' contraception and abortifacients via medical insurance coverage. Many religious hospitals, charities, universities, and other enterprises owned or controlled by religious organizations or individuals who opposed contraception on doctrinal grounds argued the mandate violated their religious beliefs. For a full list of contraception insurance mandate cases, please see our collection here.

On February 21, 2012, a college organized as a not-for-profit corporation, along with its majority stakeholder, another shareholder, and two affiliated companies filed a lawsuit in the U.S. District Court for the Western District of Pennsylvania against the federal government, under the Religious Freedom Restoration Act (RFRA) and the Administrative Procedure Act (APA) (5 U.S.C. §§ 551 et seq.). They alleged violations of the First and Fifth Amendments. Plaintiffs, represented by attorneys from the Alliance Defense Fund 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. Plaintiffs contended that this mandatory contraception coverage violated their sincerely held religious beliefs.

A motion by the ACLU to file an amicus brief was denied by District Judge Joy Flowers Conti. On September 13, 2012, Judge Conti denied defendants' motion to stay discovery pending resolution of defendants' motion to dismiss. On March 6, 2013, Judge Conti granted defendants' motion to dismiss in part and denied the motion to dismiss with respect to RFRA, the Free Exercise Clause, and the notice and comment claim under the APA. 929 F. Supp. 2d 402. On April 19, 2013, Judge Conti granted plaintiffs' motion for a preliminary injunction.

On May 22, 2013, plaintiffs moved for a preliminary injunction. On June 17, 2013, defendants filed a notice of appeal for the April 19 preliminary injunction.

On June 18, 2013, Judge Conti granted plaintiffs' motion for a preliminary injunction. 960 F. Supp. 2d 588. On August 17, 2013, defendants filed notice of appeal of the June 18 preliminary injunction. On September 12, 2013, defendants filed a motion to vacate both preliminary injunctions, which was eventually denied on October 18, 2013. 2013 WL 5704948. On November 12, 2013, the plaintiff filed another motion for a preliminary injunction, which the District Court granted on December 23, 2013. The injunction lasted until a decision on the merits of the case.

On February 11, 2014, the defendant filed notice of appeal to the U.S. Court of Appeals for the Third Circuit. (No. 14-1374). On February 11, 2015, the Third Circuit (Chief Judge McKee and Circuit Judges Rendell and Sloviter) ruled that the accommodation to the contraceptive services mandate does not impose a substantial burden on the plaintiff’s religious expression. 778 F.3d 422. Next, Geneva College asked for a rehearing en banc, and the Third Circuit denied the motion on April 13, 2015. On May 6, 2015, the same panel of the Third Circuit granted a temporary stay pending response by the Supreme Court in Zubik v. Burwell. On August 11, 2015, Geneva College filed a petition for writ of certiorari with the U.S. Supreme Court.

On November 6, 2015, the Supreme Court granted certiorari in this case. The Court planned to consider whether notifying the federal government by signing a form identifying the employer as a religious nonprofit that objects to the contraceptive services mandate (so that the government can work with the insurer or benefits provider to ensure employees have contraceptive coverage) violates the Religious Freedom Restoration Act, or constitutes the least restrictive means of achieving a compelling government interest. This case was consolidated with six other cases dealing with this issue. Together, the cases are known as Zubik v. Burwell.

This case was argued on March 23, 2016. On March 29, 2016, in an unusual move, the Supreme Court directed the parties to file supplemental briefs suggesting a solution to their disagreement, in which employees could still receive contraception coverage without employers giving any notice to the government. On May 16, 2016, the Court issued a per curiam order remanding all seven cases to their respective courts of appeals, ordering the lower courts to give the parties time to come to agreement on an approach that 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, 1560. The Court took no position on the merits of this case. The case then went back to the Third Circuit for consideration on remand.

On June 20, 2016, on remand, the Court of Appeals for the Third Circuit revoked its prior mandate in light of the Supreme Court’s opinion. On April 16, 2018, by agreement of the parties, the Third Circuit dismissed the appeal with respect to District Court’s grant of preliminary injunctive relief to Geneva College.

The case returned once again to Judge Conti of the District Court. The change in presidential administrations during the appeal regarding the District Court's earlier grant of a preliminary injunction prompted Geneva to file a motion for permanent injunction and declaratory relief on March 20, 2018.

The Court granted the motion on July 5, 2018. 2018 WL 3348982. The Court reasoned that the government’s position conceding that enforcement of the ACA’s Mandate and accommodation process against Geneva would violate RFRA and the Government's indication that it did not intend to offer a substantive defense with respect to that matter, along with the Court’s prior orders, opinions, and findings of fact and conclusions of law, led to the conclusion that Geneva made the required showing for a preliminary injunction.

The Court noted that the proposed injunction and declaratory relief requested by Geneva in the March 20 motion was broader than the relief requested in the second amended complaint, and did not refer to the requirements of the mandate and accommodation that Geneva showed violated Geneva’s rights under RFRA. Consequently, the Court narrowed the injunction, granting Geneva:

permanent injunctive relief against application of the mandate, . . . regulations and accommodation process by defendants to Geneva, or to the health insurance plan of or insurer for Geneva, with respect to Geneva providing, paying for, making accessible, or otherwise facilitating or causing access to coverage or payments through an insurance company or any other third party for contraceptive coverage services to which Geneva has religious objections (including those Geneva College views as abortion, abortifacients, embryo-harming pharmaceuticals, or related education and counseling).
Additionally, the court granted Geneva declaratory relief, stating that defendants' enforcement of the mandate and the accommodations procedure violated Geneva’s rights under RFRA.

Since the Court granted plaintiffs' requested relief, Geneva filed a consent motion for voluntary dismissal of its remaining claims on July 9, 2018. The Court granted the motion on July 12, and dismissed the case without prejudice. The parties came to a settlement regarding attorneys' fees on October 11, 2018.

The case is now closed.

Summary Authors

Wyatt Fore (3/18/2013)

Emma Lawton (11/25/2013)

Kate Craddock (6/12/2016)

Michael Beech (3/10/2019)

Related Cases

Roman Catholic Archbishop of Washington v. Sebelius, District of Columbia (2012)

East Texas Baptist University v. Sebelius, Southern District of Texas (2012)

Priests for Life v. Sebelius, District of Columbia (2013)

Southern Nazarene University v. Sebelius, Western District of Oklahoma (2013)

Little Sisters of the Poor Home for the Aged v. Sebelius, District of Colorado (2013)

Zubik v. Burwell [II], Western District of Pennsylvania (2013)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/5180168/parties/geneva-college-v-sebelius/


Judge(s)

Conti, Joy Flowers (Pennsylvania)

Rendell, Marjorie O. (Pennsylvania)

Attorneys(s) for Plaintiff

Aden, Steven H. (Virginia)

Baylor, Gregory S. (District of Columbia)

Bowman, Matthew S. (District of Columbia)

Mongillo, David J. (Pennsylvania)

Stanley, Erik William (Kansas)

Theriot, Kevin H. (Kansas)

Tupi, Bradley S. (Pennsylvania)

Attorneys(s) for Defendant

Comber, Michael A. (Pennsylvania)

Judge(s)

Conti, Joy Flowers (Pennsylvania)

Rendell, Marjorie O. (Pennsylvania)

Attorneys(s) for Plaintiff

Aden, Steven H. (Virginia)

Baylor, Gregory S. (District of Columbia)

Bowman, Matthew S. (District of Columbia)

Mongillo, David J. (Pennsylvania)

Stanley, Erik William (Kansas)

Theriot, Kevin H. (Kansas)

Tupi, Bradley S. (Pennsylvania)

Attorneys(s) for Defendant

Comber, Michael A. (Pennsylvania)

Grogg, Adam Anderson (District of Columbia)

Humphreys, Bradley Philip (District of Columbia)

Schollaert, Albert W. (Pennsylvania)

Womack, Eric R. (District of Columbia)

Other Attorney(s)

Amiri, Brigitte A. (New York)

Cortman, David A. (Georgia)

Walczak, Witold J. (Pennsylvania)

Documents in the Clearinghouse

Document

Docket

Genenva College v. Sebelius

Feb. 21, 2012 Docket
41

Notice of Change of Firm and Email Addresses

Aug. 9, 2012 Notice Letter
74

Memorandum Opinion and Order

929 F.Supp.2d 402, 2013 WL 838238, 2013 U.S.Dist.LEXIS 30265

March 6, 2013 Order/Opinion
84

Order [granting preliminary injunction]

April 19, 2013 Order/Opinion
83

Order [conclusions of law and fact supporting the preliminary injunction]

941 F.Supp.2d 672, 2013 U.S.Dist.LEXIS 56087

April 19, 2013 Order/Opinion
86

Memorandum Opinion and Order [reconsideration granting and denying in part motion to dismiss]

929 F.Supp.2d 402, 2013 WL 1909145, 2013 U.S.Dist.LEXIS 65685

May 8, 2013 Order/Opinion
92

Order Granting Preliminary Injunction

960 F.Supp.2d 588, 2013 WL 3071481, 2013 U.S.Dist.LEXIS 85107

June 18, 2013 Order/Opinion
98

Second Amended Complaint

Oct. 18, 2013 Complaint
104

Memorandum [denying motion for indicative ruling]

2013 WL 5704948

Oct. 18, 2013 Order/Opinion
105

Geneva College's Second Motion fir Preliminary Injunction

Nov. 12, 2013 Pleading / Motion / Brief

Docket

See docket on RECAP: https://www.courtlistener.com/docket/5180168/geneva-college-v-sebelius/

Last updated May 12, 2022, 8 p.m.

ECF Number Description Date Link
1

COMPLAINT against TIMOTHY GEITHNER, KATHLEEN SEBELIUS, HILDA SOLIS, UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES, UNITED STATES DEPARTMENT OF LABOR, UNITED STATES DEPARTMENT OF THE TREASURY (Filing fee $350, receipt number 0315-2264048), filed by GENEVA COLLEGE. (Attachments: # 1 Civil Cover Sheet, # 2 Summons for Kathleen Sebelius, # 3 Summons for Hilda Solis, # 4 Summons for Timothy Geithner, # 5 Summons for US Department of Health and Human Services, # 6 Summons for US Department of Labor, # 7 Summons for US Department of the Treasury) (ksa) (Entered: 02/22/2012)

1 Civil Cover Sheet

View on PACER

2 Summons for Kathleen Sebelius

View on PACER

3 Summons for Hilda Solis

View on PACER

4 Summons for Timothy Geithner

View on PACER

5 Summons for US Department of Health and Human Services

View on PACER

6 Summons for US Department of Labor

View on PACER

7 Summons for US Department of the Treasury

View on PACER

Feb. 21, 2012 PACER

Summons Issued as to *TIMOTHY GEITHNER, KATHLEEN SEBELIUS, HILDA SOLIS, UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES, UNITED STATES DEPARTMENT OF LABOR, UNITED STATES DEPARTMENT OF THE TREASURY* (ksa)

Feb. 21, 2012 PACER
2

NOTICE of Appearance by David J. Mongillo on behalf of GENEVA COLLEGE. (Mongillo, David) (Entered: 02/29/2012)

Feb. 29, 2012 PACER
3

NOTICE that instant civil action has been designated for placement into the United States District Court's Alternative Dispute Resolution program. Parties are directed to fully complete the required 26(f) report, which includes the stipulation of selecting an ADR process. Counsel for plaintiff (or in the case of a removal action, counsel for removing defendant) shall make service of the notice on all parties. (smc ) (Entered: 03/02/2012)

March 2, 2012 PACER
4

MOTION for attorney Steven H. Aden to Appear Pro Hac Vice, (Filing fee $40, Receipt # 0315-2290940) by GENEVA COLLEGE. (Attachments: # 1 Proposed Order) (Tupi, Bradley) (Entered: 03/13/2012)

1 Proposed Order

View on PACER

March 13, 2012 PACER

ORDER granting 4 Motion for Steven H. Aden to Appear Pro Hac Vice for plaintiff. Signed by Judge Joy Flowers Conti on 3/16/2012. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (smc )

March 16, 2012 PACER
5

SUMMONS/Return of Service Returned Executed by GENEVA COLLEGE. KATHLEEN SEBELIUS served on 2/29/2012, answer due 3/21/2012. (Attachments: # 1 Exhibit) (Mongillo, David) Modified on 3/20/2012 ERROR: Wrong event selected. Document removed from public view and redocketed. (ksa) (Entered: 03/16/2012)

March 16, 2012 PACER
6

SUMMONS/Return of Service Returned Executed by GENEVA COLLEGE. UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES served on 2/29/2012, answer due 3/21/2012. (Attachments: # 1 Exhibit) (Mongillo, David) Modified on 3/20/2012 ERROR: Wrong event selected. Document removed from public view and redocketed. (ksa) (Entered: 03/16/2012)

1 Exhibit

View on PACER

March 16, 2012 PACER
7

SUMMONS/Return of Service Returned Executed by GENEVA COLLEGE. HILDA SOLIS served on 3/1/2012, answer due 3/22/2012. (Attachments: # 1 Exhibit) (Mongillo, David) Modified on 3/20/2012 ERROR: Wrong event selected. Document removed from public view and redocketed. (ksa) (Entered: 03/16/2012)

March 16, 2012 PACER
8

SUMMONS/Return of Service Returned Executed by GENEVA COLLEGE. UNITED STATES DEPARTMENT OF LABOR served on 3/1/2012, answer due 3/22/2012. (Attachments: # 1 Exhibit) (Mongillo, David) Modified on 3/20/2012 ERROR: Wrong event selected. Document removed from public view and redocketed. (ksa) (Entered: 03/16/2012)

March 16, 2012 PACER
9

SUMMONS/Return of Service Returned Executed by GENEVA COLLEGE. TIMOTHY GEITHNER served on 2/29/2012, answer due 3/21/2012. (Attachments: # 1 Exhibit) (Mongillo, David) Modified on 3/20/2012 ERROR: Wrong event selected. Document removed from public view and redocketed. (ksa) (Entered: 03/16/2012)

March 16, 2012 PACER
10

SUMMONS/Return of Service Returned Executed by GENEVA COLLEGE. UNITED STATES DEPARTMENT OF THE TREASURY served on 2/29/2012, answer due 3/21/2012. (Attachments: # 1 Exhibit) (Mongillo, David) Modified on 3/20/2012 ERROR: Wrong event selected. Document removed from public view and redocketed. (ksa) (Entered: 03/16/2012)

March 16, 2012 PACER
13

SUMMONS/Return of Service Returned Executed by GENEVA COLLEGE. KATHLEEN SEBELIUS served on 2/29/2012, answer due 4/30/2012. (Attachments: # 1 Exhibit) "Document previously filed electronically" (ksa) (Entered: 03/20/2012)

1 Exhibit

View on PACER

March 16, 2012 PACER
14

SUMMONS/Return of Service Returned Executed by GENEVA COLLEGE. UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES served on 2/29/2012, answer due 4/30/2012. (Attachments: # 1 Exhibit) "Document previously filed electronically" (ksa) (Entered: 03/20/2012)

1 Exhibit

View on PACER

March 16, 2012 PACER
15

SUMMONS/Return of Service Returned Executed by GENEVA COLLEGE. HILDA SOLIS served on 3/1/2012, answer due 4/30/2012. (Attachments: # 1 Exhibit) "Document previously filed electronically" (ksa) (Entered: 03/20/2012)

1 Exhibit

View on PACER

March 16, 2012 PACER
16

SUMMONS/Return of Service Returned Executed by GENEVA COLLEGE. UNITED STATES DEPARTMENT OF LABOR served on 3/1/2012, answer due 4/30/2012. (Attachments: # 1 Exhibit) "Document previously filed electronically" (ksa) (Entered: 03/20/2012)

1 Exhibit

View on PACER

March 16, 2012 PACER
17

SUMMONS/Return of Service Returned Executed by GENEVA COLLEGE. TIMOTHY GEITHNER served on 2/29/2012, answer due 4/30/2012. (Attachments: # 1 Exhibit) "Document previously filed electronically" (ksa) (Entered: 03/20/2012)

1 Exhibit

View on PACER

March 16, 2012 PACER
18

SUMMONS/Return of Service Returned Executed by GENEVA COLLEGE. UNITED STATES DEPARTMENT OF THE TREASURY served on 2/29/2012, answer due 4/30/2012. (Attachments: # 1 Exhibit) "Document previously filed electronically" (ksa) (Entered: 03/20/2012)

1 Exhibit

View on PACER

March 16, 2012 PACER
11

MOTION for attorney Gregory S. Baylor to Appear Pro Hac Vice, (Filing fee $40, Receipt # 0315-2296718) by GENEVA COLLEGE. (Attachments: # 1 Proposed Order) (Tupi, Bradley) (Entered: 03/19/2012)

1 Proposed Order

View on PACER

March 19, 2012 PACER
12

Errata re 11 Motion to Appear Pro Hac Vice by GENEVA COLLEGE. Reason for Correction: correcting name on Pro Hac Vice motion. (Attachments: # 1 Proposed Order) (Tupi, Bradley) Modified on 5/2/2012. Errata was entered in error. ECF No. 11 was correct. Attorney will file this errata as a motion. (smc ) (Entered: 03/19/2012)

1 Proposed Order

View on PACER

March 19, 2012 PACER

CLERK'S OFFICE QUALITY CONTROL MESSAGE re 5 Summons/Returned Returned Executed, 8 Summons/Returned Returned Executed, 9 Summons/Returned Returned Executed, 7 Summons/Returned Returned Executed, 10 Summons/Returned Returned Executed, 6 Summons/Returned Returned Executed. ERROR: Wrong event selected. CORRECTION: Re-docketed as Summons/Return of Service Returned Executed USA. This message is for informational purposes only. (ksa)

March 20, 2012 PACER
19

MOTION for attorney Erik W. Stanley to Appear Pro Hac Vice, (Filing fee $40, Receipt # 0315-2300493) by GENEVA COLLEGE. (Attachments: # 1 Proposed Order) (Tupi, Bradley) (Entered: 03/21/2012)

1 Proposed Order

View on PACER

March 21, 2012 PACER

ORDER granting 11 Motion for Gregory S. Baylor to Appear Pro Hac Vice for plaintiff. Signed by Judge Joy Flowers Conti on 3/21/2012. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (smc )

March 21, 2012 PACER
20

MOTION for attorney David A. Cortman to Appear Pro Hac Vice, (Filing fee $40, Receipt # 0315-2301153) by GENEVA COLLEGE. (Attachments: # 1 Proposed Order) (Tupi, Bradley) (Entered: 03/21/2012)

1 Proposed Order

View on PACER

March 21, 2012 PACER

ORDER granting 19 Motion for Erik W. Stanley to Appear Pro Hac Vice for plaintiff. Signed by Judge Joy Flowers Conti on 3/22/2012. (smc )

March 22, 2012 PACER

ORDER granting 20 Motion for David A. Cortman to Appear Pro Hac Vice for pliantiff. Signed by Judge Joy Flowers Conti on 3/22/2012. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (smc )

March 22, 2012 PACER
21

NOTICE of Appearance by Eric R. Womack on behalf of TIMOTHY GEITHNER, KATHLEEN SEBELIUS, HILDA SOLIS, UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES, UNITED STATES DEPARTMENT OF LABOR, UNITED STATES DEPARTMENT OF THE TREASURY. (Womack, Eric) (Entered: 04/30/2012)

April 30, 2012 PACER
22

MOTION to Dismiss 1 Complaint by TIMOTHY GEITHNER, KATHLEEN SEBELIUS, HILDA SOLIS, UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES, UNITED STATES DEPARTMENT OF LABOR, UNITED STATES DEPARTMENT OF THE TREASURY. (Attachments: # 1 Memorandum in Support, # 2 Proposed Order) (Womack, Eric) Modified on 5/1/2012 to add document linkage. (ksa) (Entered: 04/30/2012)

1 Memorandum in Support

View on PACER

2 Proposed Order

View on PACER

April 30, 2012 PACER
24

BRIEF in Support re 22 Motion to Dismiss, filed by TIMOTHY GEITHNER, KATHLEEN SEBELIUS, HILDA SOLIS, UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES, UNITED STATES DEPARTMENT OF LABOR, UNITED STATES DEPARTMENT OF THE TREASURY. (ksa) (Entered: 05/01/2012)

April 30, 2012 PACER
23

NOTICE of Appearance by Albert W. Schollaert on behalf of TIMOTHY GEITHNER, KATHLEEN SEBELIUS, HILDA SOLIS, UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES, UNITED STATES DEPARTMENT OF LABOR, UNITED STATES DEPARTMENT OF THE TREASURY. (Schollaert, Albert) (Entered: 05/01/2012)

May 1, 2012 PACER

CLERK'S OFFICE QUALITY CONTROL MESSAGE re 22 Motion to Dismiss. ERROR: Document incorrectly linked. CORRECTION: Linked to appropriate document. This message is for informational purposes only. CLERK'S OFFICE QUALITY CONTROL MESSAGE. ERROR: Document should have been filed as two separate documents. CORRECTION: Attorney Womack advised in future that documents of that nature are to be filed as separate documents. Clerk of Court docketed Brief in Support of Motion to Dismiss. This message is for informational purposes only. (ksa)

May 1, 2012 PACER
25

MOTION for attorney Matthew S. Bowman to Appear Pro Hac Vice, (Filing fee $40, Receipt # 0315-2352746) by GENEVA COLLEGE. (Attachments: # 1 Proposed Order) (Tupi, Bradley) (Entered: 05/02/2012)

1 Proposed Order

View on PACER

May 2, 2012 PACER
26

MOTION for attorney Kevin H. Theriot to Appear Pro Hac Vice, (Filing fee $40, Receipt # 0315-2352771) by GENEVA COLLEGE. (Attachments: # 1 Proposed Order) (Tupi, Bradley) (Entered: 05/02/2012)

1 Proposed Order

View on PACER

May 2, 2012 PACER
27

NOTICE of Appearance by Bradley P. Humphreys on behalf of TIMOTHY GEITHNER, KATHLEEN SEBELIUS, HILDA SOLIS, UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES, UNITED STATES DEPARTMENT OF LABOR, UNITED STATES DEPARTMENT OF THE TREASURY. (Humphreys, Bradley) (Entered: 05/02/2012)

May 2, 2012 PACER

ORDER granting 26 Motion for Kevin H. Theriot to Appear Pro Hac Vice for Plaintiff Geneva College. Signed by Judge Joy Flowers Conti on 5/3/2012. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (smc )

May 3, 2012 PACER

ORDER granting 25 Motion for Matthew S. Bowman to Appear Pro Hac Vice for Plaintiff. Signed by Judge Joy Flowers Conti on 5/3/2012. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (smc )

May 3, 2012 PACER
28

ORDER ON MOTION PRACTICE. Signed by Judge Joy Flowers Conti on 5/3/2012. (smc ) (Entered: 05/03/2012)

May 3, 2012 PACER
29

CASE MANAGEMENT ORDER: Rule 26 Meeting Report and Stipulation Selecting ADR Process due by 6/12/2012. Status Conference set for 7/12/2012 10:30 AM in Courtroom 5A before Judge Joy Flowers Conti. All counsel and unrepresented parties shall bring their calendars to the conference for scheduling purposes. The parties should be prepared to discuss settlement, the designation of an Alternative Dispute Resolution process and any other matter that will contribute to the prompt disposition of the case. The parties shall be prepared to address and argue all pending motions at the scheduling conference. Any party filing a motion prior to the scheduling conference to which a response is required but not filed shall file a motion for a continuance of the scheduling conference until the response is due. Signed by Judge Joy Flowers Conti on 5/8/2012. (smc ) (Entered: 05/08/2012)

May 8, 2012 PACER
30

First MOTION to Extend Time to amend complaint, respond to motion to dismiss, confer under Rule 26, file a report under Rule 26 by GENEVA COLLEGE. (Attachments: # 1 Proposed Order) (Bowman, Matt) (Entered: 05/18/2012)

1 Proposed Order

View on PACER

May 18, 2012 PACER
31

ORDER granting 30 Motion to Extend Time. Amended Pleadings due by 5/31/2012. Response to Motion due by 5/31/2012. Rule 26 Meeting Report and Stipulation Selecting ADR Process due by 7/2/2012. Status Conference set for 8/16/2012 04:45 PM in Courtroom 5A before Judge Joy Flowers Conti. Signed by Judge Joy Flowers Conti on 5/22/2012. (smc ) (Entered: 05/22/2012)

May 22, 2012 PACER
32

First AMENDED COMPLAINT against All Defendants, filed by GENEVA COLLEGE, WAYNE HEPLER, CARRIE KOLESAR, THE SENECA HARDWOOD LUMBER COMPANY, INC., WLH ENTERPRISES. (Baylor, Gregory) Modified on 6/1/2012 to edit docket text. (ksa2) (Entered: 05/31/2012)

May 31, 2012 PACER
33

RESPONSE IN OPPOSITION to 22 Motion to Dismiss, filed by GENEVA COLLEGE, WAYNE HEPLER, CARRIE KOLESAR, THE SENECA HARDWOOD LUMBER COMPANY, INC., WLH ENTERPRISES. (Baylor, Gregory) (Entered: 05/31/2012)

May 31, 2012 PACER

Update Answer Deadline: Answer due from TIMOTHY GEITHNER on 6/14/2012; KATHLEEN SEBELIUS on 6/14/2012; HILDA SOLIS on 6/14/2012; UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES on 6/14/2012; UNITED STATES DEPARTMENT OF LABOR on 6/14/2012; UNITED STATES DEPARTMENT OF THE TREASURY on 6/14/2012. (ksa2)

June 1, 2012 PACER
34

First MOTION for Extension of Time to File Answer by TIMOTHY GEITHNER, KATHLEEN SEBELIUS, HILDA SOLIS, UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES, UNITED STATES DEPARTMENT OF LABOR, UNITED STATES DEPARTMENT OF THE TREASURY. (Attachments: # 1 Proposed Order) (Humphreys, Bradley) (Entered: 06/07/2012)

1 Proposed Order

View on PACER

June 7, 2012 PACER
35

ORDER granting 34 Motion for Extension of Time to file response to Amended Complaint. Responsive pleading due 7/13/2012. The Rule 26(f) Report and Stipulation Selecting ADR Process shall be filed no later than August 1, 2012. The Initial Rule 16 Scheduling Conference will remain at 4:45 PM on August 16, 2012. Signed by Judge Joy Flowers Conti on 6/8/2012. (smc ) Modified on 6/11/2012. (smc ) (Entered: 06/08/2012)

June 8, 2012 PACER
36

Second MOTION for Extension of Time to File Response/Reply re 32 Amended Complaint by TIMOTHY GEITHNER, KATHLEEN SEBELIUS, HILDA SOLIS, UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES, UNITED STATES DEPARTMENT OF LABOR, UNITED STATES DEPARTMENT OF THE TREASURY. (Attachments: # 1 Proposed Order) (Humphreys, Bradley) Modified on 7/13/2012 document linkage corrected. Document linked to document 32 . (ksa2) (Entered: 07/12/2012)

1 Proposed Order

View on PACER

July 12, 2012 PACER

CLERK'S OFFICE QUALITY CONTROL MESSAGE re 36 Motion for Extension of Time to File Response/Reply. ERROR: Document incorrectly linked. CORRECTION: Linked to appropriate document. This message is for informational purposes only. (ksa2)

July 13, 2012 PACER
37

ORDER granting 36 Motion for Extension of Time. Answer due 8/2/2012. Disclosure pursuant to Rule 26(a)(1) due 8/7/2012. The Rule 26(f) Report and Stipulation Selecting ADR Process shall be filed no later that 8/21/2012. The Initial Rule 16 Scheduling Conference set for 8/16/2012 is reset for 8/22/2012 at 4:30 PM. Signed by Judge Joy Flowers Conti on 7/16/2012. (smc ) Modified on 7/18/2012 to add additional docket text. (ksa2) (Entered: 07/17/2012)

July 17, 2012 PACER

ORDER denying as moot 22 Motion to Dismiss. The motion to dismiss (ECF No. 22 ) is hereby denied as moot, plaintiffs having filed an amended complaint subsequent to the filing of the motion to dismiss. Signed by Judge Joy Flowers Conti on 8/1/2012. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (tcg)

Aug. 1, 2012 PACER
38

MOTION for Leave to File Excess Pages by TIMOTHY GEITHNER, KATHLEEN SEBELIUS, HILDA SOLIS, UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES, UNITED STATES DEPARTMENT OF LABOR, UNITED STATES DEPARTMENT OF THE TREASURY. (Attachments: # 1 Proposed Order) (Humphreys, Bradley) (Entered: 08/02/2012)

1 Proposed Order

View on PACER

Aug. 2, 2012 PACER
39

MOTION to Dismiss for Lack of Jurisdiction or, in the alternative, to dismiss claims seven through twelve for failure to state a claim by TIMOTHY GEITHNER, KATHLEEN SEBELIUS, HILDA SOLIS, UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES, UNITED STATES DEPARTMENT OF LABOR, UNITED STATES DEPARTMENT OF THE TREASURY. (Attachments: # 1 Proposed Order) (Humphreys, Bradley) (Entered: 08/02/2012)

1 Proposed Order

View on PACER

Aug. 2, 2012 PACER
40

BRIEF in Support re 39 Motion to Dismiss/Lack of Jurisdiction, or, in the alternative, to dismiss claims seven through twelve for failure to state a claim filed by TIMOTHY GEITHNER, KATHLEEN SEBELIUS, HILDA SOLIS, UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES, UNITED STATES DEPARTMENT OF LABOR, UNITED STATES DEPARTMENT OF THE TREASURY. (Humphreys, Bradley) (Entered: 08/02/2012)

Aug. 2, 2012 PACER
41

NOTICE of Change of Firm Name by GENEVA COLLEGE, WAYNE HEPLER, CARRIE E. KOLESAR, THE SENECA HARDWOOD LUMBER COMPANY, INC., WLH ENTERPRISES (Baylor, Gregory) (Entered: 08/09/2012)

Aug. 9, 2012 PACER
42

MOTION for Extension of Time to File Response/Reply to 39 Motion to Dismiss and for Expansion of Page Limit by GENEVA COLLEGE, WAYNE HEPLER, CARRIE E. KOLESAR, THE SENECA HARDWOOD LUMBER COMPANY, INC., WLH ENTERPRISES. (Attachments: # 1 Proposed Order) (Baylor, Gregory) Modified on 8/10/2012 ERROR: MULTIPLE RELIEF MOTION FILED AS ONE RELIEF; RE-FILED BY COURT. Document linkage corrected. Document linked to document 39 (ksa2) (Entered: 08/09/2012)

1 Proposed Order

View on PACER

Aug. 9, 2012 PACER

MOTION for Leave to File Excess Pages by GENEVA COLLEGE, WAYNE HEPLER, CARRIE E. KOLESAR, THE SENECA HARDWOOD LUMBER COMPANY, INC., WLH ENTERPRISES. (Filed with document 42 ) (ksa2)

Aug. 9, 2012 PACER

CLERK'S OFFICE QUALITY CONTROL MESSAGE re 42 Motion for Extension of Time to File Response/Reply. ERROR: MULTIPLE Relief Motion Filed as One Relief. CORRECTION: Attorney Baylor advised in future that Motions of this nature are to be filed using the Motion Event and clicking on all the reliefs sought in said motion. Clerk of Court added/docketed Motion to File Excess Pages. This message is for informational purposes only. CLERK'S OFFICE QUALITY CONTROL MESSAGE re 42 Motion for Extension of Time to File Response/Reply. ERROR: Document incorrectly linked. CORRECTION: Linked to appropriate document. This message is for informational purposes only. (ksa2)

Aug. 10, 2012 PACER
43

ORDER granting 42 Motion for Extension of Time and Page Limit re 39 MOTION to Dismiss. Responses due by 9/13/2012. Signed by Judge Joy Flowers Conti on 08/10/2012. (smc ) (Entered: 08/10/2012)

Aug. 10, 2012 PACER

Set/Reset Hearings: Case Management set for 8/22/2012 is reset for 10/11/2012 at 04:30 PM in Courtroom 5A before Judge Joy Flowers Conti. Text-only entry; no PDF document will issue. This text-only entry constitutes the Court's order or notice on the matter. (smc )

Aug. 10, 2012 PACER
44

ORDER granting 38 Motion for Leave to File Excess Pages. Signed by Judge Joy Flowers Conti on 8/8/2012. (smc ) (Entered: 08/13/2012)

Aug. 13, 2012 PACER
45

MOTION to File Amicus Brief by AMERICAN CIVIL LIBERTIES UNION OF PENNSYLVANIA. (Attachments: # 1 Exhibit 1. Proposed Brief Amicus Curiae, # 2 Exhibit 2. Corporate Disclosure Statement, # 3 Proposed Order) (Walczak, Witold) (Entered: 08/14/2012)

1 Exhibit 1. Proposed Brief Amicus Curiae

View on PACER

2 Exhibit 2. Corporate Disclosure Statement

View on PACER

3 Proposed Order

View on PACER

Aug. 14, 2012 PACER
46

MOTION for attorney Brigitte Amiri to Appear Pro Hac Vice, (Filing fee $40, Receipt # 0315-2472580) by AMERICAN CIVIL LIBERTIES UNION OF PENNSYLVANIA. (Attachments: # 1 Affidavit, # 2 Proposed Order) (Walczak, Witold) (Entered: 08/14/2012)

1 Affidavit

View on PACER

2 Proposed Order

View on PACER

Aug. 14, 2012 PACER

ORDER granting 46 Motion for Brigitte Amiri to Appear Pro Hac Vice for the American Civil Liberties Union Foundation. Signed by Judge Joy Flowers Conti on 8/15/2012. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (smc )

Aug. 15, 2012 PACER
47

RESPONSE IN OPPOSITION to 45 Motion to File Amicus Brief, filed by GENEVA COLLEGE, WAYNE HEPLER, CARRIE E. KOLESAR, THE SENECA HARDWOOD LUMBER COMPANY, INC., WLH ENTERPRISES. (Bowman, Matt) (Entered: 08/15/2012)

Aug. 15, 2012 PACER
48

REPORT of Rule 26(f) Planning Meeting. (Baylor, Gregory) (Entered: 08/21/2012)

Aug. 21, 2012 PACER
49

MOTION to Stay Discovery Pending Resolution of Defendants' Motion to Dismiss by TIMOTHY GEITHNER, KATHLEEN SEBELIUS, HILDA SOLIS, UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES, UNITED STATES DEPARTMENT OF LABOR, UNITED STATES DEPARTMENT OF THE TREASURY. (Attachments: # 1 Proposed Order) (Humphreys, Bradley) (Entered: 08/21/2012)

1 Proposed Order

View on PACER

Aug. 21, 2012 PACER
50

RESPONSE IN OPPOSITION to 49 Motion to Stay, filed by GENEVA COLLEGE, WAYNE HEPLER, CARRIE E. KOLESAR, THE SENECA HARDWOOD LUMBER COMPANY, INC., WLH ENTERPRISES. (Attachments: # 1 Proposed Order) (Baylor, Gregory) (Entered: 09/07/2012)

1 Proposed Order

View on PACER

Sept. 7, 2012 PACER

ORDER denying 49 Motion to Stay. After careful consideration of Defendants' Motion to Stay Discovery and the response thereto, the motion is DENIED. Signed by Judge Joy Flowers Conti on 9/12/2012. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (smc ) Modified on 9/14/2012 to correct typos. (ksa2)

Sept. 13, 2012 PACER
51

RESPONSE IN OPPOSITION to 39 Motion to Dismiss/Lack of Jurisdiction, filed by GENEVA COLLEGE, WAYNE HEPLER, CARRIE E. KOLESAR, THE SENECA HARDWOOD LUMBER COMPANY, INC., WLH ENTERPRISES. (Attachments: # 1 Affidavit of Wayne L. Hepler) (Baylor, Gregory) (Entered: 09/13/2012)

1 Affidavit of Wayne L. Hepler

View on PACER

Sept. 13, 2012 PACER
52

MOTION for Leave to File Reply Brief in Support of Motion to Dismiss by TIMOTHY GEITHNER, KATHLEEN SEBELIUS, HILDA SOLIS, UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES, UNITED STATES DEPARTMENT OF LABOR, UNITED STATES DEPARTMENT OF THE TREASURY. (Attachments: # 1 Proposed Order) (Humphreys, Bradley) (Entered: 09/17/2012)

1 Proposed Order

View on PACER

Sept. 17, 2012 PACER

ORDER granting 52 Motion for Leave to File Reply Brief in Support of Motion to Dismiss by TIMOTHY GEITHNER, KATHLEEN SEBELIUS, HILDA SOLIS, UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES, UNITED STATES DEPARTMENT OF LABOR, UNITED STATES DEPARTMENT OF THE TREASURY. Defendants shall file a reply brief in support of their motion to dismiss by 10/4/2012 not to exceed twenty pages in length. Signed by Judge Joy Flowers Conti on 9/18/2012. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (smc )

Sept. 19, 2012 PACER

Set/Reset Hearings: Status Conference / Motion hearing set for 10/11/2012 is reset for 10/31/2012 05:00 PM in Courtroom 5A before Judge Joy Flowers Conti. Text-only entry; no PDF document will issue. This text-only entry constitutes the Court's order or notice on the matter. (smc )

Sept. 20, 2012 PACER
53

ORDER denying 45 Motion to File Amicus Brief by American Civil Liberties Union of Pennsylvania and American Civil Liberties Union. Signed by Judge Joy Flowers Conti on 09/26/2012. (dmm) (Entered: 09/26/2012)

Sept. 26, 2012 PACER
54

REPLY in Support re 39 Motion to Dismiss/Lack of Jurisdiction, filed by TIMOTHY GEITHNER, KATHLEEN SEBELIUS, HILDA SOLIS, UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES, UNITED STATES DEPARTMENT OF LABOR, UNITED STATES DEPARTMENT OF THE TREASURY. (Humphreys, Bradley) Modified on 10/5/2012 to edit docket text. (ksa2) (Entered: 10/04/2012)

Oct. 4, 2012 PACER

Minute Entry for proceedings held before Judge Joy Flowers Conti: Motion Hearing held on 10/31/2012 re 39 MOTION to Dismiss for Lack of Jurisdiction or, in the alternative, to dismiss claims seven through twelve for failure to state a claim filed by UNITED STATES DEPARTMENT OF LABOR, TIMOTHY GEITHNER, HILDA SOLIS, KATHLEEN SEBELIUS, UNITED STATES DEPARTMENT OF THE TREASURY, UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES. The court heard argument with respect to defendants' Motion to Dismiss. The court ordered supplemental briefing as set forth on the record. Defendants' brief due by 11/14/2012; plaintiffs' brief due by 12/03/2012. Text-only entry; no PDF document will issue. This text-only entry constitutes a Minute of the Court or Notice on the matter. (Court Reporter: Karen Earley) (dmm)

Oct. 31, 2012 PACER
55

SUPPLEMENTAL BRIEF in Support re 39 Motion to Dismiss/Lack of Jurisdiction, pursuant to the Court's October 31, 2012 Order filed by TIMOTHY GEITHNER, KATHLEEN SEBELIUS, HILDA SOLIS, UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES, UNITED STATES DEPARTMENT OF LABOR, UNITED STATES DEPARTMENT OF THE TREASURY. (Humphreys, Bradley) Modified on 11/15/2012 to add additional docket text. (ksa2) (Entered: 11/14/2012)

Nov. 14, 2012 PACER
56

NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on October 31, 2012, before Judge Joy Flowers Conti. Court Reporter Karen Earley, Telephone number 412-201-2660. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely, electronically available to the public without redaction after 90 calendar days. For redaction purposes, or otherwise, during this 90 day period a copy of the transcript may be purchased from the court reporter or viewed at the clerk's office public terminal. Notice of Intent for Redaction of Personal Data Identifiers due by 12/10/2012. Redaction Request due 12/24/2012. Redacted Transcript Deadline set for 1/3/2013. Release of Transcript Restriction set for 3/4/2013. (kme, ) (Entered: 12/03/2012)

Dec. 3, 2012 PACER
57

BRIEF in Opposition re 39 Motion to Dismiss/Lack of Jurisdiction, pursuant to the Court's October 31, 2012 Order, filed by GENEVA COLLEGE, WAYNE HEPLER, CARRIE E. KOLESAR, THE SENECA HARDWOOD LUMBER COMPANY, INC., WLH ENTERPRISES. (Bowman, Matt) Modified on 12/4/2012 ERROR: Wrong event selected. Document removed from public view and redocketed. (ksa) (Entered: 12/03/2012)

Dec. 3, 2012 PACER
58

RESPONSE to 55 Brief in Support of Motion, filed by GENEVA COLLEGE, WAYNE HEPLER, CARRIE E. KOLESAR, THE SENECA HARDWOOD LUMBER COMPANY, INC., WLH ENTERPRISES. "Document previously filed electronically" (ksa) (Entered: 12/04/2012)

Dec. 3, 2012 PACER

CLERK'S OFFICE QUALITY CONTROL MESSAGE re 57 Brief in Opposition to Motion. ERROR: Wrong event selected. CORRECTION: Re-docketed as Response (other). This message is for informational purposes only. (ksa)

Dec. 4, 2012 PACER
59

NOTICE of Supplemental Authority by GENEVA COLLEGE, WAYNE HEPLER, CARRIE E. KOLESAR, THE SENECA HARDWOOD LUMBER COMPANY, INC., WLH ENTERPRISES (Baylor, Gregory) (Entered: 12/10/2012)

Dec. 10, 2012 PACER
60

RESPONSE to 59 Notice, filed by TIMOTHY GEITHNER, KATHLEEN SEBELIUS, HILDA SOLIS, UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES, UNITED STATES DEPARTMENT OF LABOR, UNITED STATES DEPARTMENT OF THE TREASURY. (Humphreys, Bradley) (Entered: 12/18/2012)

Dec. 18, 2012 PACER
61

NOTICE of Supplemental Authority by TIMOTHY GEITHNER, KATHLEEN SEBELIUS, HILDA SOLIS, UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES, UNITED STATES DEPARTMENT OF LABOR, UNITED STATES DEPARTMENT OF THE TREASURY re 39 Motion to Dismiss/Lack of Jurisdiction, (Attachments: # 1 Exhibit Korte v. Sebelius, # 2 Exhibit Hobby Lobby Stores, Inc. v. Sebelius) (Humphreys, Bradley) (Entered: 12/18/2012)

1 Exhibit Korte v. Sebelius

View on PACER

2 Exhibit Hobby Lobby Stores, Inc. v. Sebelius

View on PACER

Dec. 18, 2012 PACER
62

RESPONSE and Notice of New Supplemental Authority to 61 Notice, filed by GENEVA COLLEGE, WAYNE HEPLER, CARRIE E. KOLESAR, THE SENECA HARDWOOD LUMBER COMPANY, INC., WLH ENTERPRISES. (Attachments: # 1 Exhibit 1 (Wheaton/BAC Order)) (Bowman, Matt) (Entered: 12/19/2012)

1 Exhibit 1 (Wheaton/BAC Order)

View on PACER

Dec. 19, 2012 PACER

NOTICE of Additional Supplemental Authority by GENEVA COLLEGE, WAYNE HEPLER, CARRIE E. KOLESAR, THE SENECA HARDWOOD LUMBER COMPANY, INC., WLH ENTERPRISES. (Filed with document 62 ) (ksa2)

Dec. 19, 2012 PACER

CLERK'S OFFICE QUALITY CONTROL MESSAGE re 62 Response. ERROR: Document should have been filed as two separate documents. CORRECTION: Attorney Bowman advised in future that documents of that nature are to be filed as separate documents. Clerk of Court docketed Notice of Additional Supplemental Authority. This message is for informational purposes only. (ksa2)

Dec. 20, 2012 PACER
63

NOTICE of Supplemental Authority, 7th Circuit Korte Opinion, by GENEVA COLLEGE, WAYNE HEPLER, CARRIE E. KOLESAR, THE SENECA HARDWOOD LUMBER COMPANY, INC., WLH ENTERPRISES (Attachments: # 1 Exhibit 7th Cir Opinion Korte) (Bowman, Matthew) (Entered: 12/31/2012)

1 Exhibit 7th Cir Opinion Korte

View on PACER

Dec. 31, 2012 PACER
64

NOTICE of Substitution of Attorney Appearance by Michael A. Comber on behalf of TIMOTHY GEITHNER, KATHLEEN SEBELIUS, HILDA SOLIS, UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES, UNITED STATES DEPARTMENT OF LABOR, UNITED STATES DEPARTMENT OF THE TREASURY. Attorney Albert W. Schollaert terminated. (Comber, Michael) (Entered: 01/07/2013)

Jan. 7, 2013 PACER
65

NOTICE of Supplemental Authority by TIMOTHY GEITHNER, KATHLEEN SEBELIUS, HILDA SOLIS, UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES, UNITED STATES DEPARTMENT OF LABOR, UNITED STATES DEPARTMENT OF THE TREASURY re 39 Motion to Dismiss/Lack of Jurisdiction, (Attachments: # 1 Exhibit University of Notre Dame v. Sebelius, # 2 Exhibit Diocese of Peoria v. Sebelius, # 3 Colorado Christian University v. Sebelius) (Humphreys, Bradley) (Entered: 01/12/2013)

1 Exhibit University of Notre Dame v. Sebelius

View on PACER

2 Exhibit Diocese of Peoria v. Sebelius

View on PACER

3 Colorado Christian University v. Sebelius

View on PACER

Jan. 12, 2013 PACER
66

RESPONSE to Plaintiffs' Notice of Supplemental Authority to 63 Notice,, filed by TIMOTHY GEITHNER, KATHLEEN SEBELIUS, HILDA SOLIS, UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES, UNITED STATES DEPARTMENT OF LABOR, UNITED STATES DEPARTMENT OF THE TREASURY. (Attachments: # 1 Exhibit Autocam Corporation v. Sebeliu, # 2 Exhibit Annex Medical, Inc. v. Sebelius) (Humphreys, Bradley) (Entered: 01/12/2013)

1 Exhibit Autocam Corporation v. Sebeliu

View on PACER

2 Exhibit Annex Medical, Inc. v. Sebelius

View on PACER

Jan. 12, 2013 PACER
67

NOTICE of Supplemental Authority by TIMOTHY GEITHNER, KATHLEEN SEBELIUS, HILDA SOLIS, UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES, UNITED STATES DEPARTMENT OF LABOR, UNITED STATES DEPARTMENT OF THE TREASURY re 39 Motion to Dismiss/Lack of Jurisdiction. (Attachments: # 1 Exhibit Conestoga Wood Specialties Corp. v. Sebelius) (Humphreys, Bradley) (Entered: 01/15/2013)

1 Exhibit Conestoga Wood Specialties Corp. v. Sebelius

View on PACER

Jan. 15, 2013 PACER
68

RESPONSE to 67 Notice, filed by GENEVA COLLEGE, WAYNE HEPLER, CARRIE E. KOLESAR, THE SENECA HARDWOOD LUMBER COMPANY, INC., WLH ENTERPRISES. (Bowman, Matthew) (Entered: 01/16/2013)

Jan. 16, 2013 PACER
69

NOTICE of Supplemental Authority by TIMOTHY GEITHNER, KATHLEEN SEBELIUS, HILDA SOLIS, UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES, UNITED STATES DEPARTMENT OF LABOR, UNITED STATES DEPARTMENT OF THE TREASURY re 39 Motion to Dismiss/Lack of Jurisdiction, (Attachments: # 1 Exhibit Persico v. Sebelius) (Humphreys, Bradley) (Entered: 01/25/2013)

1 Exhibit Persico v. Sebelius

View on PACER

Jan. 25, 2013 PACER
70

NOTICE of Supplemental Authority by GENEVA COLLEGE, WAYNE HEPLER, CARRIE E. KOLESAR, THE SENECA HARDWOOD LUMBER COMPANY, INC., WLH ENTERPRISES (Attachments: # 1 Exhibit 7th Circuit Decision) (Bowman, Matthew) (Entered: 01/31/2013)

1 Exhibit 7th Circuit Decision

View on PACER

Jan. 31, 2013 PACER
71

NOTICE of Supplemental Authority by TIMOTHY GEITHNER, KATHLEEN SEBELIUS, HILDA SOLIS, UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES, UNITED STATES DEPARTMENT OF LABOR, UNITED STATES DEPARTMENT OF THE TREASURY re 39 Motion to Dismiss/Lack of Jurisdiction, (Attachments: # 1 Exhibit Conestoga Specialities Corporation v. Sebelius) (Humphreys, Bradley) (Entered: 02/12/2013)

1 Exhibit Conestoga Specialities Corporation v. Sebelius

View on PACER

Feb. 12, 2013 PACER
72

RESPONSE to 71 Notice, filed by GENEVA COLLEGE, WAYNE HEPLER, CARRIE E. KOLESAR, THE SENECA HARDWOOD LUMBER COMPANY, INC., WLH ENTERPRISES. (Bowman, Matthew) (Entered: 02/18/2013)

Feb. 18, 2013 PACER
73

NOTICE of Supplemental Authority by GENEVA COLLEGE, WAYNE HEPLER, CARRIE E. KOLESAR, THE SENECA HARDWOOD LUMBER COMPANY, INC., WLH ENTERPRISES (Attachments: # 1 Exhibit 1 Eighth Circuit Annex Medical, # 2 Exhibit 2 ND Tex Fort Worth) (Bowman, Matthew) (Entered: 02/18/2013)

1 Exhibit 1 Eighth Circuit Annex Medical

View on PACER

2 Exhibit 2 ND Tex Fort Worth

View on PACER

Feb. 18, 2013 PACER
74

MEMORANDUM OPINION and ORDER granting in part and denying in part 39 Motion to Dismiss for Lack of Jurisdiction, as set forth in the accompanying memorandum opinion and order. Signed by Judge Joy Flowers Conti on 3/6/2013. (dmm) Modified on 3/7/2013 to add additional docket text. (ksa2) (Entered: 03/06/2013)

March 6, 2013 RECAP
75

MOTION for Preliminary Injunction by WAYNE HEPLER, CARRIE E. KOLESAR, THE SENECA HARDWOOD LUMBER COMPANY, INC. (Attachments: # 1 Proposed Order) (Bowman, Matthew) (Entered: 03/11/2013)

1 Proposed Order

View on PACER

March 11, 2013 PACER
76

BRIEF in Support re 75 Motion for Preliminary Injunction filed by WAYNE HEPLER, CARRIE E. KOLESAR, THE SENECA HARDWOOD LUMBER COMPANY, INC. (Attachments: # 1 Exhibit 1 Affidavit of Wayne L. Hepler, # 2 Exhibit 2 Affidavit of Carrie E. Kolesar) (Bowman, Matthew) (Entered: 03/11/2013)

1 Exhibit 1 Affidavit of Wayne L. Hepler

View on PACER

2 Exhibit 2 Affidavit of Carrie E. Kolesar

View on PACER

March 11, 2013 PACER
77

CASE MANAGEMENT ORDER: Rule 26 Meeting Report and Stipulation Selecting ADR Process due by 4/11/2013. Status Conference set for 4/18/2013 03:30 PM in Courtroom 5A before Judge Joy Flowers Conti. All counsel and unrepresented parties shall bring their calendars to the conference for scheduling purposes. The parties should be prepared to discuss settlement, the designation of an Alternative Dispute Resolution process and any other matter that will contribute to the prompt disposition of the case. The parties shall be prepared to address and argue all pending motions at the scheduling conference. Any party filing a motion prior to the scheduling conference to which a response is required but not filed shall file a motion for a continuance of the scheduling conference until the response is due. Signed by Judge Joy Flowers Conti on 3/14/2013. (smc ) Modified on 3/15/2013 to indicate correct date Rule 26 Meeting Report and Stipulation Selecting ADR Process are due by. (ksa2) (Entered: 03/14/2013)

March 14, 2013 PACER

State / Territory: Pennsylvania

Case Type(s):

Speech and Religious Freedom

Special Collection(s):

Contraception Insurance Mandate

Key Dates

Filing Date: Feb. 21, 2012

Closing Date: Oct. 11, 2018

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Plaintiffs are a Christian college (organized as a not-for-profit corporation), its majority stakeholder (Wayne Hepler), another shareholder (Carrie Kolesar), and two other corporation owned by Hepler in Pennsylvania.

Plaintiff Type(s):

Non-profit religious organization

Private Plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

United States Department of Health and Human Services (Washington), Federal

United States Department of the Treasury (Washington D.C.), Federal

United States Department of Labor (Washington D.C.), 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):

Due Process

Establishment Clause

Free Exercise Clause

Freedom of speech/association

Availably Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Preliminary injunction / Temp. restraining order

Declaratory Judgment

Source of Relief:

Litigation

Content of Injunction:

Preliminary relief granted

Issues

General:

Abortion

Contraception

Religious programs / policies

Discrimination-basis:

Religion discrimination