Case: Grace Schools v. Sebelius

3:12-cv-00459 | U.S. District Court for the Northern District of Indiana

Filed Date: Aug. 23, 2012

Closed Date: Sept. 18, 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 these cases plea…

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 these cases please see our collection of the Contraception Insurance Mandate cases here.

On August 23, 2012, Grace College and Seminary, and Biola University, Inc.—both religious non-profits—filed this lawsuit in the Northern District of Indiana. They raised their claims against the Department of Health and Human Services (HHS), the Department of Labor, and the Department of the Treasury under the Religious Freedom Restoration Act (42 U.S.C. § 2000bb), the Administrative Procedure Act (5 U.S.C. § 706(2)), and the First and Fifth Amendments. Represented by private counsel and the Alliance Defending Freedom, the plaintiffs sought to enjoin enforcement of provisions of the Affordable Care Act (ACA) extending universal contraception coverage in employer-sponsored private health insurance coverage. The plaintiffs contended that this mandatory contraception coverage violated their sincerely held religious beliefs.

On September 6, 2013, the plaintiffs filed an amended complaint incorporating the government's newly announced accommodations for non-profit, religious organizations. The plaintiffs argued that even with an accommodation, the mandate violated its religious freedoms. The plaintiffs filed a motion for preliminary injunction along with the amended complaint.

On September 27, 2013, the defendant filed a motion to dismiss for failure to state a claim, or, in the alternative, a motion for summary judgment. On October 11, 2013, the plaintiff filed a separate motion for summary judgment.

On December 27, 2013, the District Court (Judge Jon E. DeGuilio) granted the plaintiff's preliminary injunction on the grounds that the plaintiff would suffer irreparable harm without it and their claims had merit under RFRA.

On February 24, 2014, the defendant appealed to the U.S. Court of Appeals for the Seventh Circuit (No. 14-1430). This case was consolidated on appeal with Roman Catholic Diocese of Fort Wayne-South Bend v. Sebelius. On September 4, 2015, the Seventh Circuit (Judge Ilana Diamond Rovener) reversed the District Court's preliminary injunction and remanded the case, noting that since the suit was filed, the contraception mandate accommodation had been expanded to allow qualifying religious employers to notify HHS directly about their objections. On November 5, 2015, the Seventh Circuit denied the plaintiffs' petition for a rehearing en banc. On November 12, 2015, the Seventh Circuit granted the plaintiffs' motion to stay the suit pending petition for writ of certiorari.

On February 3, 2016, the plaintiffs appealed to the Supreme Court, which granted the Petition for Writ of Certiorari on May 16, 2016. The Supreme Court vacated the judgement and remanded the case, citing Zubik, which held that it was appropriate to vacate and remand so that the courts of appeals could address the arguments in response to the order for supplemental briefs. The supplement briefing request asked parties to address how contraceptive coverage could be obtained by employees through insurance companies that did not require any involvement by plaintiffs beyond their decision to provide health insurance without contraceptive coverage. The Supreme Court's order also resulted in dismissal of the defendants' consolidated interlocutory appeals.

On remand, the Northern District of Indiana granted the plaintiffs' motion for a permanent injunction and declaratory relief on June 1, 2018. The injunction required that defendants be barred from any effort to enforce any requirements of the Affordable Care Act's contraceptive mandate that violated the plaintiffs' religious consciences. The declaratory relief stated that the requirements of the contraceptive mandate violated the plaintiffs' rights protected by the Religious Freedom Restoration Act. This order was issued in part due to defendant’s concession that they were no longer raising a substantive defense. The parties reached a settlement for attorneys' fees on September 18, 2018.

The case is closed.

Summary Authors

Wyatt Fore (3/26/2013)

Mallory Jones (3/24/2014)

Kate Craddock (2/21/2016)

Cedar Hobbs (10/26/2019)

Related Cases

Diocese of Fort Wayne-South Bend v. Burwell, Northern District of Indiana (2012)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/5467028/parties/grace-schools-v-sebelius/


Judge(s)

DeGuilio, Jon Ernest (Indiana)

Ginsburg, Ruth Bader (District of Columbia)

Hamilton, David Frank (Indiana)

Nuechterlein, Christopher A. (Indiana)

Rovner, Ilana Kara Diamond (Illinois)

Sotomayor, Sonia (District of Columbia)

Attorneys(s) for Plaintiff

Baylor, Gregory S. (District of Columbia)

Bowman, Matthew S. (District of Columbia)

Cortman, David A. (Georgia)

Mackey, Jerry (California)

Judge(s)

DeGuilio, Jon Ernest (Indiana)

Ginsburg, Ruth Bader (District of Columbia)

Hamilton, David Frank (Indiana)

Nuechterlein, Christopher A. (Indiana)

Rovner, Ilana Kara Diamond (Illinois)

Sotomayor, Sonia (District of Columbia)

Attorneys(s) for Plaintiff

Baylor, Gregory S. (District of Columbia)

Bowman, Matthew S. (District of Columbia)

Cortman, David A. (Georgia)

Mackey, Jerry (California)

Theriot, Kevin H. (Kansas)

Wilson, Jane Dall (Indiana)

Attorneys(s) for Defendant

Berwick, Benjamin Leon (District of Columbia)

Capp, David A. (District of Columbia)

Delery, Stuart F. (District of Columbia)

Lieber, Sheila M. (District of Columbia)

Newton, Emily Sue (District of Columbia)

Pollack, Michael Charles (District of Columbia)

Ricketts, Jennifer (District of Columbia)

Other Attorney(s)

Amiri, Brigitte A. (New York)

Heil, CeCe (Virginia)

Isakoff, Louis A. (Virginia)

Lee, Jennifer (New York)

Mach, Daniel (District of Columbia)

Manion, Francis J (Kentucky)

Roth, Stuart J. (District of Columbia)

Sekulow, Jay Alan (District of Columbia)

Surtees, Geoffrey R. (Kentucky)

White, Edward L. III (Michigan)

Wilkins, Michael A. (Indiana)

Documents in the Clearinghouse

Document

Docket [PACER]

Oct. 3, 2018 Docket
1

Complaint

Aug. 23, 2012 Complaint
36

Amici Curiae Brief of the American Center for Law and Justice and Regent University in Support of Plaintiffs

Jan. 2, 2013 Pleading / Motion / Brief
55

Motion for Preliminary Injunction

Sept. 6, 2013 Pleading / Motion / Brief
56

Memorandum of Law in Support of Motion for Preliminary Injunction

Sept. 6, 2013 Pleading / Motion / Brief
54

First Amended Complaint

Sept. 6, 2013 Complaint
61

Defendants' Memorandum in Opposition to Plaintiffs' Motion for Preliminary Injunction , and in Support of Their Motion to Dismiss, or, in the Alternative, for Summary Judgment

Sept. 27, 2013 Pleading / Motion / Brief
59

Defendants' Memorandum in Opposition to Plaintiffs' Motion for Preliminary Injunction , and in Support of Their Motion to Dismiss, or, in the Alternative, for Summary Judgment

Sept. 27, 2013 Pleading / Motion / Brief
60

Defendants' Motion to Dismiss , or, in the Alternative, for Summary Judgment

Sept. 27, 2013 Pleading / Motion / Brief
66

Brief of Amicus Curiae Liberty, Life, and Law Foundation in Support of Plaintiffs' Motion for Preliminary Injunction

Oct. 7, 2013 Pleading / Motion / Brief

Docket

See docket on RECAP: https://www.courtlistener.com/docket/5467028/grace-schools-v-sebelius/

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

ECF Number Description Date Link
1

COMPLAINT with Request for Permanent Injunction 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 #3004609), filed by Biola University Inc, Grace Schools. (Attachments: # 1 Civil Cover Sheet)(mc) (Entered: 08/24/2012)

1 Civil Cover Sheet

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Aug. 23, 2012 PACER
2

NOTICE of Appearance by Jane Dall Wilson on behalf of Biola University Inc, Grace Schools (mc) (Entered: 08/24/2012)

Aug. 23, 2012 PACER
3

Summons Issued as to All Defendants, U.S. Attorney and U.S. Attorney General. NOTE: The attached document should not be used to effect service of process. Only copies that bear the seal of the court should be used for service of process. (mc) (Entered: 08/24/2012)

Aug. 23, 2012 PACER
4

Corporate Disclosure Statement by Biola University Inc, Grace Schools: no parent corporation. (mc) (Entered: 08/24/2012)

Aug. 23, 2012 PACER
5

NOTICE by Biola University Inc, Grace Schools of Related Action (Wilson, Jane) (Entered: 09/05/2012)

Sept. 5, 2012 PACER
6

NOTICE of Appearance by David A Cortman on behalf of All Plaintiffs (Cortman, David) (Entered: 09/21/2012)

Sept. 21, 2012 PACER
7

SUMMONS Returned Executed by Biola University Inc, Grace Schools. Kathleen Sebelius served on 9/11/2012, answer due 11/13/2012. (Cortman, David) (Entered: 09/21/2012)

Sept. 21, 2012 PACER
8

SUMMONS Returned Executed by United States Department of Health and Human Services. United States Department of Health and Human Services served on 9/11/2012, answer due 11/13/2012. (Cortman, David) (Entered: 09/21/2012)

Sept. 21, 2012 PACER
9

AFFIDAVIT of Service for Summons and Complaint served on U.S. Attorney General on 09/12/2012, filed by Biola University Inc, Grace Schools. (Cortman, David) (Entered: 09/21/2012)

Sept. 21, 2012 PACER
10

AFFIDAVIT of Service for Summons and Complaint served on U.S. Attorney for the Northern District of Indiana on 09/10/2012, filed by Biola University Inc, Grace Schools. (Cortman, David) (Entered: 09/21/2012)

Sept. 21, 2012 PACER
11

APPLICATION for Attorney Gregory S Baylor to Appear Pro Hac Vice on behalf of Grace Schools and Biola University Inc ; Receipt #3004866. (kds) (Entered: 09/27/2012)

Sept. 27, 2012 PACER
12

ORDER granting 11 Application to Appear Pro Hac Vice of Attorney Gregory S Baylor PHV for Biola University Inc,Gregory S Baylor PHV for Grace Schools. Signed by Magistrate Judge Christopher A Nuechterlein on 10/1/2012. (kds) (Entered: 10/01/2012)

Oct. 1, 2012 PACER
13

APPLICATION for Attorney Jerry D Mackey to Appear Pro Hac Vice on behalf of Grace Schools and Biola University Inc ; Receipt #3004891. (smp) (Entered: 10/02/2012)

Oct. 1, 2012 PACER
14

ORDER granting 13 Application to Appear Pro Hac Vice of Attorney Jerry D Mackey PHV for Biola University Inc and Grace Schools. Signed by Magistrate Judge Christopher A Nuechterlein on 10/2/2012. (kds) (Entered: 10/02/2012)

Oct. 2, 2012 PACER
15

SUMMONS Returned Executed by Biola University Inc, Grace Schools. Hilda Solis served on 9/13/2012, answer due 11/13/2012. (Cortman, David) (Entered: 10/02/2012)

Oct. 2, 2012 PACER
16

NOTICE of Appearance by Jerry D Mackey PHV on behalf of Biola University Inc (Mackey PHV, Jerry) (Entered: 10/03/2012)

Oct. 3, 2012 PACER
17

NOTICE of Appearance by Gregory S Baylor PHV on behalf of Biola University Inc, Grace Schools (Baylor PHV, Gregory) (Entered: 10/05/2012)

Oct. 5, 2012 PACER
18

APPLICATION for Attorney Matthew S Bowman to Appear Pro Hac Vice on behalf of Grace Schools and Biola University Inc ; Receipt #3005022. (kds) (Entered: 10/12/2012)

Oct. 11, 2012 PACER
19

ORDER granting 18 Application to Appear Pro Hac Vice of Attorney Matthew S Bowman PHV for Biola University Inc,Matthew S Bowman PHV for Grace Schools. Signed by Magistrate Judge Christopher A Nuechterlein on 10/18/12. (smp) (Entered: 10/18/2012)

Oct. 18, 2012 PACER
20

SUMMONS Returned Executed by Biola University Inc, Grace Schools. Timothy Geithner served on 9/12/2012, answer due 11/13/2012. (Baylor PHV, Gregory) (Entered: 10/18/2012)

Oct. 18, 2012 PACER
21

SUMMONS Returned Executed by Biola University Inc, Grace Schools. United States Department of the Treasury served on 9/12/2012, answer due 11/13/2012. (Baylor PHV, Gregory) (Entered: 10/18/2012)

Oct. 18, 2012 PACER
22

SUMMONS Returned Executed by Biola University Inc, Grace Schools. United States Department of Labor served on 10/17/2012, answer due 12/17/2012. (Baylor PHV, Gregory) (Entered: 10/22/2012)

Oct. 22, 2012 PACER
23

NOTICE of Appearance by Benjamin L Berwick on behalf of All Defendants (Berwick, Benjamin) (Entered: 11/09/2012)

Nov. 9, 2012 PACER
24

MOTION to Dismiss for Lack of Jurisdiction by Defendants 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. (Berwick, Benjamin). (Entered: 11/09/2012)

Nov. 9, 2012 PACER
25

MEMORANDUM in Support of 24 MOTION to Dismiss for 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. (Berwick, Benjamin) (Entered: 11/09/2012)

Nov. 9, 2012 PACER
26

MOTION for Extension of Time to File Response/Reply by Plaintiffs Biola University Inc, Grace Schools. (Baylor PHV, Gregory) (Entered: 11/19/2012)

Nov. 19, 2012 PACER
27

NOTICE 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 24 MOTION to Dismiss for Lack of Jurisdiction Supplemental Authority (Attachments: # 1 Exhibit Catholic Diocese of Nashville v. Sebelius)(Berwick, Benjamin) (Entered: 11/26/2012)

1 Exhibit Catholic Diocese of Nashville v. Sebelius

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Nov. 26, 2012 PACER
28

ORDER GRANTING 26 Motion for Extension of Time to File Response/Reply; Response to be filed by 12/7/2012. Signed by Magistrate Judge Christopher A Nuechterlein on 11/27/2012. (lyf) (Entered: 11/28/2012)

Nov. 27, 2012 PACER
29

NOTICE 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 24 MOTION to Dismiss for Lack of Jurisdiction Supplemental Authority (Attachments: # 1 Exhibit Zubik v. Sebelius)(Berwick, Benjamin) (Entered: 11/29/2012)

1 Exhibit Zubik v. Sebelius

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Nov. 29, 2012 PACER
30

MOTION for Leave to File Amici Curiae Brief by Amicus Parties American Center for Law and Justice, Regent University. (Attachments: # 1 Proposed Amici Curiae Brief, # 2 Corporate Disclosure Statement)(White, Edward) (Entered: 12/07/2012)

1 Proposed Amici Curiae Brief

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2 Corporate Disclosure Statement

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Dec. 7, 2012 PACER
31

RESPONSE to Motion re 24 MOTION to Dismiss for Lack of Jurisdiction filed by Biola University Inc, Grace Schools. (Baylor PHV, Gregory) (Entered: 12/07/2012)

Dec. 7, 2012 PACER
32

REPLY to Response to Motion re 24 MOTION to Dismiss for 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. (Berwick, Benjamin) (Entered: 12/14/2012)

Dec. 14, 2012 PACER
33

NOTICE 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 24 MOTION to Dismiss for Lack of Jurisdiction Supplemental Authority (Attachments: # 1 Exhibit Wheaton v. Sebelius)(Berwick, Benjamin) (Entered: 12/19/2012)

1 Exhibit Wheaton v. Sebelius

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Dec. 19, 2012 PACER
34

NOTICE 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 24 MOTION to Dismiss for Lack of Jurisdiction Supplemental Authority (Attachments: # 1 Exhibit Catholic Diocese of Biloxi v. Sebelius)(Berwick, Benjamin) (Entered: 12/21/2012)

1 Exhibit Catholic Diocese of Biloxi v. Sebelius

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Dec. 21, 2012 PACER
35

ORDER GRANTING 30 Motion for Leave to File Amici Curiae Brief by American Center for Law and Justice; and Regent University. Movants' [30-1] amici curiae brief is deemed filed. Signed by Magistrate Judge Christopher A Nuechterlein on 1/2/2013. (lyf) (Entered: 01/02/2013)

Jan. 2, 2013 PACER
36

Amici Curiae Brief by American Center for Law and Justice; and Regent University. (lyf) (Entered: 01/02/2013)

Jan. 2, 2013 PACER
37

Corporate Disclosure Statement by American Center for Law and Justice, Regent University. (White, Edward) (Entered: 01/03/2013)

Jan. 3, 2013 PACER
38

NOTICE 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 24 MOTION to Dismiss for Lack of Jurisdiction Supplemental Authority (Attachments: # 1 Exhibit Univ. of Notre Dame v. Sebelius, # 2 Exhibit Catholic Diocese of Peoria v. Sebelius)(Berwick, Benjamin) (Entered: 01/07/2013)

1 Exhibit Univ. of Notre Dame v. Sebelius

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2 Exhibit Catholic Diocese of Peoria v. Sebelius

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Jan. 7, 2013 PACER
39

NOTICE 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 24 MOTION to Dismiss for Lack of Jurisdiction Supplemental Authority (Attachments: # 1 Exhibit Colorado Christian Univ. v. Sebelius)(Berwick, Benjamin) (Entered: 01/10/2013)

1 Exhibit Colorado Christian Univ. v. Sebelius

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Jan. 10, 2013 PACER
40

NOTICE 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 24 MOTION to Dismiss for Lack of Jurisdiction Supplemental Authority (Berwick, Benjamin) (Entered: 01/29/2013)

Jan. 29, 2013 PACER
41

NOTICE of Appearance by Michael C Pollack 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 (Pollack, Michael) (Entered: 01/31/2013)

Jan. 31, 2013 PACER
42

NOTICE 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 24 MOTION to Dismiss for Lack of Jurisdiction Supplemental Authority (Pollack, Michael) (Entered: 01/31/2013)

Jan. 31, 2013 PACER
43

NOTICE 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 24 MOTION to Dismiss for Lack of Jurisdiction Supplemental Authority (Attachments: # 1 Exhibit Diocese of Fort Worth v. Sebelius, # 2 Exhibit Conlon v. Sebelius)(Pollack, Michael) (Additional attachment(s) added on 2/19/2013: # 3 Exhibit 1 dbl banners redacted, # 4 Exhibit 2 redacted banners) (kds). (Entered: 02/15/2013)

3 Exhibit 1 dbl banners redacted

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4 Exhibit 2 redacted banners

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Feb. 15, 2013 PACER
44

NOTICE 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 24 MOTION to Dismiss for Lack of Jurisdiction Supplemental Authority (Attachments: # 1 Exhibit Wenski v. Sebelius)(Pollack, Michael) (Entered: 03/21/2013)

1 Exhibit Wenski v. Sebelius

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March 21, 2013 PACER
45

NOTICE 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 24 MOTION to Dismiss for Lack of Jurisdiction Supplemental Authority (Attachments: # 1 Exhibit EWTN v. Sebelius)(Pollack, Michael) (Entered: 03/28/2013)

1 Exhibit EWTN v. Sebelius

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March 28, 2013 PACER
46

NOTICE 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 24 MOTION to Dismiss for Lack of Jurisdiction Supplemental Authority (Pollack, Michael) (Entered: 04/09/2013)

April 9, 2013 PACER
47

NOTICE 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 24 MOTION to Dismiss for Lack of Jurisdiction Supplemental Authority (Attachments: # 1 Exhibit Criswell College v. Sebelius)(Pollack, Michael) (Entered: 04/17/2013)

1 Exhibit Criswell College v. Sebelius

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April 17, 2013 PACER
48

ORDER STAYING CASE - Plaintiffs have up to and including Friday, 7/26/2013 to file a notice with the Court stating their intentions relative to the instant lawsuit. Additionally, the Court ORDERS this case temporarily STAYED until such time as the Court has had an opportunity to consider the parties' positions and issue a subsequent order lifting the stay. Signed by Judge Jon E DeGuilio on 7/11/2013. (saj) (Entered: 07/11/2013)

July 11, 2013 PACER
49

NOTICE of Change of Address by Edward L White counsel for amici curiae American Center for Law & Justice and Regent University (White, Edward) (Entered: 07/11/2013)

July 11, 2013 PACER
50

NOTICE by Biola University Inc, Grace Schools (Baylor PHV, Gregory) (Entered: 07/26/2013)

July 26, 2013 PACER
51

RESPONSE 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 to 50 Notice (Other), 48 Order Staying Case, Set Deadlines,, . (Pollack, Michael) (Entered: 07/30/2013)

July 30, 2013 PACER
52

ORDER LIFTING STAY AND ADOPTING THE FOLLOWING PRETRIAL SCHEDULE: Plaintiffs file any Amended Complaint and any Motion for Preliminary Injunction (leave granted to file 40 page brief) by 9/6/2013; Defendants file Response to Plaintiffs Motion for Preliminary Injunction and Defendants to file any Answer or Motion to Dismiss and/or for Summary Judgment (leave granted to file 50 page brief) by 9/27/2013; Plaintiffs file Preliminary Injunction Reply, Response to Defendants Motion to Dismiss and/or for Summary Judgment, and any Cross-Motion for Summary Judgment (leave granted to file 60 page brief) by 10/11/2013; Defendants file Motion to Dismiss and/or for Summary Judgment Reply and Response to Plaintiffs Cross-Motion for Summary Judgment (leave granted to file 50 page brief) by 11/1/2013; Plaintiffs file Cross-Motion for Summary Judgment Reply (leave granted to file 25 page brief) by 11/15/2013. Given the Plaintiffs stated intention to file an Amended Complaint, the Defendants' representation that it has no objection to permitting Plaintiffs to file an Amended Complaint, and the Defendants' intention to withdraw its pending Motion to Dismiss, the Court IS DENYING WITH LEAVE TO RE-FILE the Defendants' 24 Motion to Dismiss. Should no Amended Complaint be filed as represented, then the Court will consider whether reinstatement of the motion is appropriate. Signed by Judge Jon E DeGuilio on 7/31/2013. (lyb) (Entered: 07/31/2013)

July 31, 2013 PACER
53

MOTION UNOPPOSED MOTION FOR CLARIFICATION OF SCHEDULING ORDER re 52 Order Lifting Stay by Plaintiffs Biola University Inc, Grace Schools. (Baylor PHV, Gregory) Modified text on 9/9/2013 to edit title text to reflect document title (kds). (Entered: 09/03/2013)

Sept. 3, 2013 PACER
54

AMENDED COMPLAINT against All Defendants, filed by Biola University Inc, Grace Schools.(Baylor PHV, Gregory) (Entered: 09/06/2013)

Sept. 6, 2013 PACER
55

MOTION for Preliminary Injunction by Plaintiffs Biola University Inc, Grace Schools. (Baylor PHV, Gregory) (Entered: 09/06/2013)

Sept. 6, 2013 PACER
56

MEMORANDUM in Support of 55 MOTION for Preliminary Injunction filed by Biola University Inc, Grace Schools. (Baylor PHV, Gregory) (Entered: 09/06/2013)

Sept. 6, 2013 PACER
57

ORDER denying 53 motion for clarification. The Court is not in a position to confirm that it could rule on any summary judgment motion prior to January 1, 2014, but it will make every effort to rule on the requested preliminary injunction (expected to be ripe by October 11, 2013 absent extensions of time) prior to January 1, 2014. Signed by Judge Jon E DeGuilio on 9/13/2013. (saj) (Entered: 09/13/2013)

Sept. 13, 2013 PACER
58

NOTICE by Jacob J Lew, Thomas E Perez, Kathleen Sebelius, United States Department of Health and Human Services, United States Department of Labor, United States Department of the Treasury Notice of Filing of Certified Administrative Record (Attachments: # 1 Exhibit Certification of the Record, # 2 Exhibit Record Index)(Pollack, Michael) (Entered: 09/27/2013)

1 Exhibit Certification of the Record

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2 Exhibit Record Index

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Sept. 27, 2013 PACER
59

RESPONSE to Motion re 55 MOTION for Preliminary Injunction filed by Jacob J Lew, Thomas E Perez, Kathleen Sebelius, United States Department of Health and Human Services, United States Department of Labor, United States Department of the Treasury. (Pollack, Michael) (Entered: 09/27/2013)

Sept. 27, 2013 PACER
60

MOTION to Dismiss for Lack of Jurisdiction, MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM, or in the alternative, MOTION for Summary Judgment by Defendants Jacob J Lew, Thomas E Perez, Kathleen Sebelius, United States Department of Health and Human Services, United States Department of Labor, United States Department of the Treasury. (Pollack, Michael) (Entered: 09/27/2013)

Sept. 27, 2013 PACER
61

MEMORANDUM in Support of 60 MOTION to Dismiss for Lack of Jurisdiction MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM, or in the alternative MOTION for Summary Judgment filed by Jacob J Lew, Thomas E Perez, Kathleen Sebelius, United States Department of Health and Human Services, United States Department of Labor, United States Department of the Treasury. (Attachments: # 1 Statement of Material Facts)(Pollack, Michael) (Entered: 09/27/2013)

1 Statement of Material Facts

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Sept. 27, 2013 PACER
62

RECEIPT of 3 CDs containing the Administrative Record from Jacob J Lew, Thomas E Perez, Kathleen Sebelius, United States Department of Health and Human Services, United States Department of Labor, United States Department of the Treasury, as noted in 58 Notice (filed on DVD due to the size of the record) (lyb) (Entered: 10/01/2013)

Sept. 30, 2013 PACER
63

MOTION for Leave to File Amicus Curiae Brief by Amicus American Civil Liberties Union. (Attachments: # 1 Exhibit Proposed Amicus Brief)(Lee, Jennifer) (Entered: 10/01/2013)

1 Exhibit Proposed Amicus Brief

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Oct. 1, 2013 PACER
64

NOTICE of Appearance by Michael A Wilkins on behalf of Liberty, Life, and Law Foundation (Wilkins, Michael) (Entered: 10/07/2013)

Oct. 7, 2013 PACER
65

MOTION for Leave to File Amicus Curiae Brief in Support of Plaintiffs' Motion for Preliminary Injunction and in Opposition to Defendants' Motion to Dismiss or, in the Alternative, for Summary Judgment by Amicus Liberty, Life, and Law Foundation. (Wilkins, Michael) (Entered: 10/07/2013)

Oct. 7, 2013 PACER
66

BRIEF in Support of 55 MOTION for Preliminary Injunction and in Opposition to Motion to Dismiss or, in the Alternative, for Summary Judgment filed by Liberty, Life, and Law Foundation. (Wilkins, Michael) (Entered: 10/07/2013)

Oct. 7, 2013 PACER
67

APPLICATION for Attorney Daniel Mach to Appear Pro Hac Vice on behalf of Proposed Amicus Curiae American Civil Liberties Union ; Receipt #3008626. (lyb) (Entered: 10/10/2013)

Oct. 8, 2013 PACER
68

APPLICATION for Attorney Brigitte Amiri to Appear Pro Hac Vice on behalf of Proposed Amicus Curiae American Civil Liberties Union ; Receipt #3008626. (lyb) (Entered: 10/10/2013)

Oct. 8, 2013 PACER
69

Cross MOTION for Summary Judgment by Plaintiffs Biola University Inc, Grace Schools. (Attachments: # 1 Exhibit Index, # 2 Exhibit Declaration of Wanda Bollman, # 3 Exhibit Declaration of Steve Carlson, # 4 Exhibit Declaration of Tonya Lee Fawcett, # 5 Exhibit Declaration of John French, # 6 Exhibit Declaration of Lisa Harman, # 7 Exhibit Faculty Employment Application, # 8 Exhibit Staff Employment Application, # 9 Exhibit Declaration of Dee Anna Muraski, # 10 Exhibit Declaration of Arielle Peters, # 11 Exhibit Declaration of Sarah Prater, # 12 Exhibit Declaration of David Swain, # 13 Exhibit Declaration of Peter Wolff, # 14 Exhibit Declaration of Alison Arcadi, # 15 Exhibit Declaration of Ketha Boespflug, # 16 Exhibit Declaration of Cynthia Cole, # 17 Exhibit Declaration of Alanna Godoy, # 18 Exhibit Declaration of Chris Grace, # 19 Exhibit Declaration of Ronald Mooradian, # 20 Exhibit Declaration of Scott Rae, # 21 Exhibit Declaration of Wendy Walker)(Baylor PHV, Gregory) (Entered: 10/11/2013)

1 Exhibit Index

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2 Exhibit Declaration of Wanda Bollman

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3 Exhibit Declaration of Steve Carlson

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4 Exhibit Declaration of Tonya Lee Fawcett

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5 Exhibit Declaration of John French

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6 Exhibit Declaration of Lisa Harman

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7 Exhibit Faculty Employment Application

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8 Exhibit Staff Employment Application

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9 Exhibit Declaration of Dee Anna Muraski

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10 Exhibit Declaration of Arielle Peters

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11 Exhibit Declaration of Sarah Prater

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12 Exhibit Declaration of David Swain

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13 Exhibit Declaration of Peter Wolff

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14 Exhibit Declaration of Alison Arcadi

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15 Exhibit Declaration of Ketha Boespflug

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16 Exhibit Declaration of Cynthia Cole

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17 Exhibit Declaration of Alanna Godoy

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18 Exhibit Declaration of Chris Grace

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19 Exhibit Declaration of Ronald Mooradian

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20 Exhibit Declaration of Scott Rae

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21 Exhibit Declaration of Wendy Walker

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Oct. 11, 2013 PACER
70

MEMORANDUM in Support of 69 Cross MOTION for Summary Judgment filed by Biola University Inc, Grace Schools. (Attachments: # 1 Statement of Material Facts)(Baylor PHV, Gregory) (Entered: 10/11/2013)

1 Statement of Material Facts

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Oct. 11, 2013 PACER
71

ORDER GRANTING 67 Application to Appear Pro Hac Vice of Attorney Daniel Mach PHV for American Civil Liberties Union. Signed by Magistrate Judge Christopher A Nuechterlein on 10/15/2013. (lyb) (Entered: 10/16/2013)

Oct. 15, 2013 PACER
72

ORDER GRANTING 68 Application to Appear Pro Hac Vice of Attorney Brigitte A Amiri PHV for American Civil Liberties Union. Signed by Magistrate Judge Christopher A Nuechterlein on 10/15/2013. (lyb) (Entered: 10/16/2013)

Oct. 15, 2013 PACER
73

ORDER GRANTING 63 Motion for Leave to File Amicus Curiae Brief by Amicus American Civil Liberties Union; DEEMING FILED the proposed Amicus Brief originally filed as an Exhibit to 63 Motion. Signed by Magistrate Judge Christopher A Nuechterlein on 10/24/2013. (lyb) (Entered: 10/25/2013)

Oct. 24, 2013 PACER
74

AMICUS CURIAE BRIEF by Amicus American Civil Liberties Union. *** FILED PER 73 Order on Motion for Leave to File (lyb) (Entered: 10/25/2013)

1 Exhibit A

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Oct. 24, 2013 PACER
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ORDER GRANTING 65 Motion for Leave to participate as amicus curiae and to file its amicus curiae brief. Signed by Magistrate Judge Christopher A Nuechterlein on 10/28/2013. (lyb) (Entered: 10/28/2013)

Oct. 28, 2013 PACER
76

REPLY to Response to Motion re 60 MOTION to Dismiss for Lack of Jurisdiction MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM, or in the alternative MOTION for Summary Judgment filed by Jacob J Lew, Thomas E Perez, Kathleen Sebelius, United States Department of Health and Human Services, United States Department of Labor, United States Department of the Treasury. (Pollack, Michael) (Entered: 11/01/2013)

Nov. 1, 2013 PACER
77

RESPONSE to Motion re 69 Cross MOTION for Summary Judgment filed by Jacob J Lew, Thomas E Perez, Kathleen Sebelius, United States Department of Health and Human Services, United States Department of Labor, United States Department of the Treasury. (Attachments: # 1 Response to Plaintiffs' Statement of Material Facts)(Pollack, Michael) (Entered: 11/01/2013)

1 Response to Plaintiffs' Statement of Material Facts

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Nov. 1, 2013 PACER
78

REPLY to Response to Motion re 69 Cross MOTION for Summary Judgment filed by Biola University Inc, Grace Schools. (Baylor PHV, Gregory) (Entered: 11/15/2013)

Nov. 15, 2013 PACER
79

Consent MOTION for Leave to File Sur-Reply by Defendants Jacob J Lew, Thomas E Perez, Kathleen Sebelius, United States Department of Health and Human Services, United States Department of Labor, United States Department of the Treasury. (Pollack, Michael) (Entered: 11/18/2013)

Nov. 18, 2013 PACER
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ORDER granting 79 Motion for Leave to File Sur-Reply. Sur-Reply to be filed by 11/25/2013. Signed by Magistrate Judge Christopher A Nuechterlein on 11/19/13. (cck) (Entered: 11/19/2013)

Nov. 19, 2013 PACER
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DEFENDANTS SUR-REPLY IN OPPOSITION TO PLAINTIFFS 69 Cross MOTION for Summary Judgment AND IN SUPPORT OF DEFENDANTS 60 MOTION to Dismiss or in the alternative for Summary Judgment filed by Jacob J Lew, Thomas E Perez, Kathleen Sebelius, United States Department of Health and Human Services, United States Department of Labor, United States Department of the Treasury. (Pollack, Michael) Modified text to match document's caption on 11/27/2013 (mc). (Entered: 11/25/2013)

Nov. 25, 2013 PACER
82

NOTICE by Biola University Inc, Grace Schools of Supplemental Authority (Attachments: # 1 Exhibit Zubik v. Sebelius Opinion)(Baylor PHV, Gregory) (Entered: 12/12/2013)

1 Exhibit Zubik v. Sebelius Opinion

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Dec. 12, 2013 PACER
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RESPONSE by Jacob J Lew, Thomas E Perez, Kathleen Sebelius, United States Department of Health and Human Services, United States Department of Labor, United States Department of the Treasury to 82 Notice (Other) Defendants' Response to Plaintiffs' Notice of Supplemental Authority. (Pollack, Michael) (Entered: 12/13/2013)

Dec. 13, 2013 PACER
84

NOTICE by Biola University Inc, Grace Schools of Supplemental Authority (Attachments: # 1 Roman Catholic Archdiocese of NY v. Sebelius Opinion)(Baylor PHV, Gregory) (Entered: 12/20/2013)

1 Roman Catholic Archdiocese of NY v. Sebelius Opinion

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Dec. 20, 2013 PACER
85

RESPONSE by Jacob J Lew, Thomas E Perez, Kathleen Sebelius, United States Department of Health and Human Services, United States Department of Labor, United States Department of the Treasury to 84 Notice (Other), And Additional Notice of Supplemental Authority. (Attachments: # 1 Exhibit Priests for Life v. HHS)(Pollack, Michael) (Entered: 12/20/2013)

1 Exhibit Priests for Life v. HHS

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Dec. 20, 2013 PACER
86

NOTICE by Jacob J Lew, Thomas E Perez, Kathleen Sebelius, United States Department of Health and Human Services, United States Department of Labor, United States Department of the Treasury of Supplemental Authority (Attachments: # 1 Exhibit Notre Dame v. Sebelius, # 2 Exhibit Archbishop of Washington v. Sebelius)(Pollack, Michael) (Entered: 12/23/2013)

1 Exhibit Notre Dame v. Sebelius

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2 Exhibit Archbishop of Washington v. Sebelius

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Dec. 23, 2013 PACER
87

NOTICE by Biola University Inc, Grace Schools re 55 MOTION for Preliminary Injunction of Supplemental Authority (Attachments: # 1 Exhibit Southern Nazarene Univ. v. Sebelius Opinion and Order, # 2 Exhibit Geneva Coll. v. Sebelius Findings of Fact and Conclusions of Law)(Baylor PHV, Gregory) (Entered: 12/23/2013)

1 Exhibit Southern Nazarene Univ. v. Sebelius Opinion and Order

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2 Exhibit Geneva Coll. v. Sebelius Findings of Fact and Conclusions of Law

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Dec. 23, 2013 PACER
88

RESPONSE by Jacob J Lew, Thomas E Perez, Kathleen Sebelius, United States Department of Health and Human Services, United States Department of Labor, United States Department of the Treasury to 87 Notice (Other), Defendants' Response to Plaintiffs' Notice of Supplemental Authority. (Pollack, Michael) (Entered: 12/24/2013)

Dec. 24, 2013 PACER
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NOTICE by Jacob J Lew, Thomas E Perez, Kathleen Sebelius, United States Department of Health and Human Services, United States Department of Labor, United States Department of the Treasury Supplemental Authority (Attachments: # 1 Exhibit Catholic Diocese of Nashville v. Sebelius)(Pollack, Michael) (Entered: 12/26/2013)

1 Exhibit Catholic Diocese of Nashville v. Sebelius

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Dec. 26, 2013 PACER
90

MEMORANDUM OPINION AND ORDER granting 55 Plaintiffs' Motion for Preliminary Injunction based upon the uncontested and verified allegations of their first amended complaint. Signed by Judge Jon E DeGuilio on 12/27/13. (smp) (Entered: 12/27/2013)

Dec. 27, 2013 RECAP
91

NOTICE OF INTERLOCUTORY APPEAL as to 90 Order on Motion for Preliminary Injunction, filed by Defendants Jacob J Lew, Thomas E Perez, Kathleen Sebelius, United States Department of Health and Human Services, United States Department of Labor, United States Department of the Treasury. (Pollack, Michael) (Entered: 02/24/2014)

Feb. 24, 2014 PACER
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Short Record Sent to US Court of Appeals re 91 Notice of Interlocutory Appeal,. No appeal fees paid (waived). (Attachments: # 1 Notice of interlocutory appeal, # 2 Memorandum and Order, # 3 Docket sheet)(smp) (Entered: 02/27/2014)

1 Notice of interlocutory appeal

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2 Memorandum and Order

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3 Docket sheet

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Feb. 27, 2014 PACER
93

USCA Case Number 14-1430 for 91 Notice of Interlocutory Appeal, filed by United States Department of the Treasury, Kathleen Sebelius, United States Department of Health and Human Services, Thomas E Perez, United States Department of Labor, Jacob J Lew. (kds) (Entered: 03/05/2014)

March 3, 2014 PACER
94

MOTION to Withdraw as Attorney Michael C. Pollack by Defendants Jacob J Lew, Thomas E Perez, Kathleen Sebelius, United States Department of Health and Human Services, United States Department of Labor, United States Department of the Treasury. (Pollack, Michael) (Entered: 05/21/2014)

May 21, 2014 PACER
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ORDER granting 94 Motion to Withdraw as Attorney. Attorney Michael C Pollack terminated. Approved by Magistrate Judge Christopher A Nuechterlein on 5/22/14. (slm) (Entered: 05/22/2014)

May 22, 2014 PACER
96

Letter from 7th Circuit Court of Appeals requesting record on appeal. (jld) (Entered: 11/04/2014)

Oct. 29, 2014 PACER
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Transmitted Record on Appeal to US Court of Appeals re 91 Notice of Interlocutory Appeal, (sent on disc via UPS)(jld) (Entered: 11/05/2014)

Nov. 5, 2014 PACER
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NOTICE of Docketing Record on Appeal from USCA re 91 Notice of Interlocutory Appeal, filed by United States Department of the Treasury, Kathleen Sebelius, United States Department of Health and Human Services, Thomas E Perez, United States Department of Labor, Jacob J Lew. (kds) (Entered: 11/10/2014)

Nov. 6, 2014 PACER
99

NOTICE of Change of Address by Gregory S Baylor PHV (Baylor PHV, Gregory) (Entered: 04/13/2015)

April 13, 2015 PACER
100

The Supreme Court remanded this case to the Circuit Court for further proceedings. Circuit Rule 54 requires that counsel for the parties file statements of their positions as to the action which ought to be taken by this Court on remand. (jld) (Entered: 06/20/2016)

June 17, 2016 RECAP

State / Territory: Indiana

Case Type(s):

Speech and Religious Freedom

Special Collection(s):

Contraception Insurance Mandate

Key Dates

Filing Date: Aug. 23, 2012

Closing Date: Sept. 18, 2018

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Grace College and Seminary, and Biola University, Inc. are two Christian institutions of higher education.

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 Labor (Washington D.C.), Federal

United States Department of the Treasury (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

Source of Relief:

Litigation

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