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

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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…

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.

	Document
3:12-cv-00459	Docket [PACER]	Oct. 3, 2018	Oct. 3, 2018 Docket
1 3:12-cv-00459	Complaint	Aug. 23, 2012	Aug. 23, 2012 Complaint
36 3:12-cv-00459	Amici Curiae Brief of the American Center for Law and Justice and Regent University in Support of Plaintiffs	Jan. 2, 2013	Jan. 2, 2013 Pleading / Motion / Brief
55 3:12-cv-00459	Motion for Preliminary Injunction	Sept. 6, 2013	Sept. 6, 2013 Pleading / Motion / Brief
54 3:12-cv-00459	First Amended Complaint	Sept. 6, 2013	Sept. 6, 2013 Complaint
56 3:12-cv-00459	Memorandum of Law in Support of Motion for Preliminary Injunction	Sept. 6, 2013	Sept. 6, 2013 Pleading / Motion / Brief
59 3:12-cv-00459	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	Sept. 27, 2013 Pleading / Motion / Brief
60 3:12-cv-00459	Defendants' Motion to Dismiss , or, in the Alternative, for Summary Judgment	Sept. 27, 2013	Sept. 27, 2013 Pleading / Motion / Brief
61 3:12-cv-00459	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	Sept. 27, 2013 Pleading / Motion / Brief
66 3:12-cv-00459	Brief of Amicus Curiae Liberty, Life, and Law Foundation in Support of Plaintiffs' Motion for Preliminary Injunction	Oct. 7, 2013	Oct. 7, 2013 Pleading / Motion / Brief

ECF Number	Description	Date	Link 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 View on PACER	Aug. 23, 2012	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	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	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	Aug. 23, 2012 PACER
5	NOTICE by Biola University Inc, Grace Schools of Related Action (Wilson, Jane) (Entered: 09/05/2012)	Sept. 5, 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	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	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	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	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	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	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	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	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	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	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	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	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	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	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	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	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	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	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	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	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	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 View on PACER	Nov. 26, 2012	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	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 View on PACER	Nov. 29, 2012	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 View on PACER 2 Corporate Disclosure Statement View on PACER	Dec. 7, 2012	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	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	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 View on PACER	Dec. 19, 2012	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 View on PACER	Dec. 21, 2012	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	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	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	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 View on PACER 2 Exhibit Catholic Diocese of Peoria v. Sebelius View on PACER	Jan. 7, 2013	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 View on PACER	Jan. 10, 2013	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	Jan. 29, 2013 PACER

Case: Grace Schools v. Sebelius

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

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