Case: Priests for Life v. Sebelius

1:12-cv-00753 | U.S. District Court for the Eastern District of New York

Filed Date: Feb. 15, 2012

Closed Date: 2013

Clearinghouse coding complete

Case Summary

On February 15, 2012, a non-profit Catholic-based organization of priests united in ideology against the practice of abortion filed a U.S. District Court lawsuit in the Eastern District of New York against the Federal Government under the Religious Freedom Restoration Act (RFRA), the Administrative Procedure Act (APA), and the First and Fifth Amendments. Plaintiffs, represented by the American Freedom Law Center and private counsel, seek to enjoin enforcement of provisions of the Affordable Ca…

On February 15, 2012, a non-profit Catholic-based organization of priests united in ideology against the practice of abortion filed a U.S. District Court lawsuit in the Eastern District of New York against the Federal Government under the Religious Freedom Restoration Act (RFRA), the Administrative Procedure Act (APA), and the First and Fifth Amendments. Plaintiffs, represented by the American Freedom Law Center and private counsel, seek to enjoin enforcement of provisions of the Affordable Care Act (ACA) extending universal contraception coverage in employer-sponsored private health insurance coverage. Plaintiffs contend that this mandatory contraception coverage violates their religious foundation.

On May 14, 2012, the Priests amended their complaint raising the same issues but emphasizing that their health care plan is not a grandfather plan under the ACA and is therefore not entitled under the regulation to a temporary exemption from the mandate.

On September 12, 2012, the U.S. moved to dismiss the case, arguing that it was unripe, since the regulations were in the process of being amended; and on November 9, the plaintiffs sought a preliminary injunction. On December 21, the parties entered a stipulation, under which the U.S. would not enforce the contraception mandate at least through December 2013. Plaintiff's counsel explained that the plaintiff was not, in its own view, entitled under the applicable regulations to a temporary exemption from the mandate; the U.S. argued otherwise, explaining that the plaintiff met the temporary enforcement safe harbor criteria.

On April 12, 2013, the District Court (Judge Frederic Bock) granted the Government's motion to dismiss because the Priests' claims were not yet ripe. The court found that that Government was in the process of amending the regulation. These amendments would take effect prior to the end of the safe harbor period such that the regulation in its current form would never be enforced against the Priests or similarly situated entities. And because the rules the contents of the new rules are yet to be determined, the Priests dissatisfaction with the new rules is purely speculative. The case was dismissed without prejudice. On August 13, 2013, this case was refiled in the District for the District of Columbia - Priests for Life v. Sebelius.

Summary Authors

Richard Jolly (4/20/2014)

Kate Craddock (2/8/2016)

Related Cases

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

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/5662915/parties/priests-for-life-v-sebelius/


Judge(s)

Block, Frederic (New York)

Reyes, Ramon E. Jr. (New York)

Attorneys(s) for Plaintiff

LiMandri, Charles Salvatore (California)

Mendoza, Teresa (California)

Muise, Robert J. (Michigan)

Yerushalmi, David Eliezer (New York)

Attorneys(s) for Defendant

Bennett, Michelle Renee (District of Columbia)

Delery, Stuart F. (District of Columbia)

Gershengorn, Ian Heath (District of Columbia)

Lieber, Sheila M. (District of Columbia)

Judge(s)

Block, Frederic (New York)

Reyes, Ramon E. Jr. (New York)

Attorneys(s) for Plaintiff

LiMandri, Charles Salvatore (California)

Mendoza, Teresa (California)

Muise, Robert J. (Michigan)

Yerushalmi, David Eliezer (New York)

Attorneys(s) for Defendant

Bennett, Michelle Renee (District of Columbia)

Delery, Stuart F. (District of Columbia)

Gershengorn, Ian Heath (District of Columbia)

Lieber, Sheila M. (District of Columbia)

Lynch, Loretta (New York)

Ricketts, Jennifer (District of Columbia)

Other Attorney(s)

Behr, Laurence D. (New York)

Documents in the Clearinghouse

Document

Docket [PACER]

April 15, 2013 Docket
1

Complaint

Feb. 15, 2012 Complaint
12

First Amended Complaint

May 14, 2012 Complaint
54

[Submission of Notice of Supplemental Authority]

Priests for Life v. Sebelius

April 9, 2013 Pleading / Motion / Brief
56

Memorandum and Order

2013 WL 1563390

April 12, 2013 Order/Opinion
59

Judgment

April 15, 2013 Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/5662915/priests-for-life-v-sebelius/

Last updated May 13, 2022

ECF Number Description Date Link
56

MEMORANDUM & ORDER: The defendants motion 18 to dismiss is granted, Priests for Lifes motion 24 is denied for lack of jurisdiction, and the complaint is dismissed without prejudice. Ordered by Judge Frederic Block on 4/12/2013. (Innelli, Michael)

April 12, 2013 RECAP
1

COMPLAINT against All Defendants Disclosure Statement on Civil Cover Sheet completed −yes,, filed by Priests for Life. (Attachments: # 1 Civil Cover Sheet, # 2 summons Geithner, # 3 summons Labor, # 4 summons Solis, # 5 summons Treasury, # 6 summons Sebellius, # 7 summons HHS) (Bowens, Priscilla) (Entered: 02/16/2012)

Feb. 15, 2012

Summons Issued as to All Defendants, U.S. Attorney and U.S. Attorney General (Bowens, Priscilla) (Entered: 02/16/2012)

Feb. 15, 2012

FILING FEE: $ 350, receipt number 4653040009 (Bowens, Priscilla) (Entered: 02/16/2012)

Feb. 15, 2012
2

SUMMONS Returned Executed by Priests for Life. All Defendants. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8) (Yerushalmi, David) (Entered: 03/18/2012)

March 18, 2012

ORDER granting 3 Motion for Leave to Appear Pro Hac Vice as to Robert J. Muise. The admitted attorney Robert J. Muise is permitted to argue or try this particular case in whole or in part as counsel or advocate for Plaintiff Priests for Life. Mr. Muise is directed to register for Electronic Case Filing("ECF") then file a Notice of Appearance and ensure that he receives electronic notification of activity in this case. Ordered by Magistrate Judge Ramon E. Reyes, Jr on 4/9/2012. (Vertus, Miriam) (Entered: 04/09/2012)

April 9, 2012
4

NOTICE of Appearance by Robert J. Muise on behalf of Priests for Life (notification declined or already on case) (Muise, Robert) (Entered: 04/09/2012)

April 9, 2012
5

MOTION for Leave to Appear Pro Hac Vice Charles S. LiMandri Filing fee $ 25, receipt number 0207−5420319. by Priests for Life. (Attachments: # 1 Declaration Charles S. LiMandri, # 2 Proposed Order) (Yerushalmi, David) (Entered: 04/12/2012)

April 12, 2012
6

MOTION for Leave to Appear Pro Hac Vice Teresa L. Mendoza Filing fee $ 25, receipt number 0207−5420320. by Priests for Life. (Attachments: # 1 Declaration Teresa L. Mendoza, # 2 Proposed Order) (Yerushalmi, David) (Entered: 04/12/2012)

April 12, 2012

ORDER granting 5 Motion for Leave to Appear Pro Hac Vice. The admitted attorney Charles S. LiMandri is permitted to argue or try this particular case in whole or in part as counsel or advocate for Plaintiff Priests for Life. Charles S. LiMandri is directed to register for Electronic Case Filing ("ECF") then file a Notice of Appearance and ensure that he receives electronic notification of activity in this case. Ordered by Magistrate Judge Ramon E. Reyes, Jr. on 4/16/2012. (Yasunaga, Adrienne) (Entered: 04/16/2012)

April 16, 2012

ORDER granting 6 Motion for Leave to Appear Pro Hac Vice. The admitted attorney Teresa L. Mendoza is permitted to argue or try this particular case in whole or in part as counsel or advocate for Plaintiff Priests for Life. Teresa L. Mendoza is directed to register for Electronic Case Filing ("ECF") then file a Notice of Appearance and ensure that she receives electronic notification of activity in this case. Ordered by Magistrate Judge Ramon E. Reyes, Jr. on 4/16/2012. (Yasunaga, Adrienne) (Entered: 04/16/2012)

April 16, 2012
7

NOTICE of Appearance by Charles S. LiMandri on behalf of Priests for Life (aty to be noticed) (LiMandri, Charles) (Entered: 04/17/2012)

April 17, 2012
8

NOTICE of Appearance by Teresa L. Mendoza on behalf of Priests for Life (aty to be noticed) (Mendoza, Teresa) (Entered: 04/17/2012)

April 17, 2012
9

NOTICE of Appearance by Michelle Bennett 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 (aty to be noticed) (Bennett, Michelle) (Entered: 04/23/2012)

April 23, 2012
10

MOTION for pre motion conference 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. (Bennett, Michelle) (Entered: 04/23/2012)

April 23, 2012
11

RESPONSE to Motion re 10 MOTION for pre motion conference filed by Priests for Life. (Muise, Robert) (Entered: 04/30/2012)

April 30, 2012
12

AMENDED COMPLAINT against All Defendants, filed by Priests for Life. (Muise, Robert) (Entered: 05/14/2012)

May 14, 2012
13

ORDER: Defendant's letter application dated 4/23/12 is GRANTED. A pre motion conference is scheduled for June 5, 2012 @ 11AM. There will be no formal order mailed to counsel. Upon receipt of this email counsel shall confirm with each other the date and time of this conference. If this date presents a conflict counsel shall first obtain the consent from all the parties to adjourn this conference, and then notify the Court by ECF letter application. Ordered by Senior Judge Frederic Block on 5/15/2012. (Innelli, Michael) (Entered: 05/15/2012)

May 15, 2012
14

Consent MOTION to Vacate 13 Order on Motion for Pre Motion Conference,, And Reschedule Pre−Motion Conference 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. (Bennett, Michelle) (Entered: 05/25/2012)

May 25, 2012

ELECTRONIC ORDER: Defendant's letter application dated 5/25/12, with the consent of plaintiff's counsel is GRANTED. The pre−motion conference scheduled for June 5, 2012 is adjourned to June 15, 2012 at 11:00 A.M. Plaintiff's counsel may still participate by telephone since they are all located in California. The Court will contact California counsel with respect to this conference. There will be no formal order mailed to counsel. Upon receipt of this email counsel shall confirm with each other the new date and time of this conference. Ordered by Senior Judge Frederic Block on 5/29/2012. (Innelli, Michael) (Entered: 05/29/2012)

May 29, 2012

SCHEDULING ORDER: The pre−motion conference scheduled for June 15, 2012 is being adjourned by the Court to July 17, 2012 @ 11AM due to an ongoing civil jury trial. Plaintiff's counsel may still participate by telephone since they are all located in California. There will not be a formal order mailed to counsel. Upon receipt of this email counsel shall confirm with each other the new date and time of this conference. If this date presents a conflict counsel shall first obtain the consent from all the parties to adjourn this conference, and then ECF a letter application. Ordered by Judge Frederic Block on 6/13/2012. (Innelli, Michael) (Entered: 06/13/2012)

June 13, 2012

Minute Entry for proceedings held before Judge Frederic Block: David Yerushalmi, Esq.; Charles Limandri, Esq &Robert Muise, Esq. for the plaintiff by telephone and Michelle Bennett, Esq. &AUSA Franklin Amanat for the defendants, all present. Pre−motion conference held on 7/17/2012. Defendants anticipated motion to dismiss is discussed. There is a pending motion as to standing &ripeness in the SDNY and a motion is to be fully briefed and filed before J. Cogan sometime in September on similar cases. By July 27, 2012 counsel shall ECF file a letter with their agreed upon briefing schedule. Counsel shall serve and ECF file their motion according to J. Blocks motion rules.(Court Reporter: Not Reported.) (Innelli, Michael) (Entered: 07/17/2012)

July 17, 2012
15

Letter re: parties' agreed−to briefing schedule for 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 (Bennett, Michelle) (Entered: 07/22/2012)

July 22, 2012
16

Letter to opposing counsel serving the government's 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 (Bennett, Michelle) Modified on 8/2/2012 to add brief description of document (Chee, Alvin). (Entered: 08/01/2012)

Aug. 1, 2012
17

Letter to Judge Block enclosing courtesy copies of defendants' fully briefed 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 (Bennett, Michelle) Modified on 9/13/2012 to add description of document. (Chee, Alvin). (Entered: 09/12/2012)

Sept. 12, 2012
18

MOTION to Dismiss for Lack of Jurisdiction 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. (Bennett, Michelle) (Entered: 09/12/2012)

Sept. 12, 2012
19

MEMORANDUM in Support re 18 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. (Bennett, Michelle) (Entered: 09/12/2012)

Sept. 12, 2012
21

Letter to Judge Frederic Block requesting oral argument on defendants' motion to dismiss by Priests for Life (Bennett, Michelle) Modified on 9/13/2012 to add description of document (Chee, Alvin). (Entered: 09/12/2012)

Sept. 12, 2012
22

REPLY in Support re 18 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. (Bennett, Michelle) (Entered: 09/12/2012)

Sept. 12, 2012
23

Letter to opposing counsel serving Plaintiff's motion for a TRO / preliminary injunction by Priests for Life (Muise, Robert) (Entered: 10/19/2012)

Oct. 19, 2012
24

MOTION for Temporary Restraining Order / Preliminary Injunction by Priests for Life. (Muise, Robert) (Entered: 11/09/2012)

Nov. 9, 2012
25

MEMORANDUM in Support re 24 MOTION for Temporary Restraining Order / Preliminary Injunction filed by Priests for Life. (Muise, Robert) (Entered: 11/09/2012)

Nov. 9, 2012
26

MEMORANDUM in Opposition re 24 MOTION for Temporary Restraining Order / Preliminary Injunction filed by All Defendants. (Muise, Robert) (Entered: 11/09/2012)

Nov. 9, 2012
27

REPLY in Support re 24 MOTION for Temporary Restraining Order / Preliminary Injunction filed by Priests for Life. (Muise, Robert) (Entered: 11/09/2012)

Nov. 9, 2012
28

Letter to Judge Block enclosing courtesy copies of Plaintiff's fully briefed motion for a TRO / Preliminary Injunction by Priests for Life (Muise, Robert) (Entered: 11/09/2012)

Nov. 9, 2012
29

MOTION for Leave to File Amicus Brief by WOMEN SPEAK FOR THEMSEVLES, BIOETHICS DEFENSE FUND, AND LIFE LEGAL DEFENSE FOUNDATION. (Attachments: # 1 Notice of Motion for Leave to File Amicus Brief) (Behr, Laurence) (Entered: 11/15/2012)

Nov. 15, 2012
30

Letter re: Supplemental Authority by Priests for Life (Muise, Robert) (Entered: 11/19/2012)

Nov. 19, 2012
31

Letter re: 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 (Attachments: # 1 Exhibit 1 − Hobby Lobby Opinion) (Bennett, Michelle) (Entered: 11/20/2012)

Nov. 20, 2012
32

Letter re: 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 (Attachments: # 1 Exhibit − Catholic Diocese of Nashville Opinion) (Bennett, Michelle) (Entered: 11/26/2012)

Nov. 26, 2012
33

Letter re: Response to Defendants' Notices of Supplemental Authority by Priests for Life (Muise, Robert) (Entered: 11/27/2012)

Nov. 27, 2012
34

Letter re: Supplemental Authority−−Eighth Circuit Order Granting Stay in O'Brien v. U.S. Dep't of Health &Human Servs. by Priests for Life (Attachments: # 1 Eighth Circuit Order Granting Stay in O'Brien v U.S. Dep't of Health &Human Servs.) (Muise, Robert) (Entered: 11/30/2012)

Nov. 30, 2012
35

Letter re: Notice of Supplemental Authority: The Roman Catholic Archdiocese of NY v Sebelius (E.D.N.Y. Dec. 5, 2012) (Judge Cogan) by Priests for Life (Muise, Robert) (Entered: 12/07/2012)

Dec. 7, 2012

SCHEDULING ORDER: The Court is scheduling oral argument for December 20, 2012 at 11:00A.M. as to all pending motions. There will be no formal notice mailed to counsel. Upon receipt of this email counsel shall confirm with each other the date and time of this oral argument. If this date presents any conflicts counsel shall obtain the consent of all the parties and file a ECF letter at least 48 hours in advance of the oral argument. Ordered by Judge Frederic Block on 12/11/2012. (Innelli, Michael) (Entered: 12/11/2012)

Dec. 11, 2012
36

Letter re: Response to Plaintiff's Notice of Supplemental Authority (ECF No. 34) 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 : Zubik Opinion) (Bennett, Michelle) (Entered: 12/12/2012)

Dec. 12, 2012
37

Letter re: Response to Plaintiff's Notice of Supplemental Authority (ECF No. 35) 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 (Bennett, Michelle) (Entered: 12/12/2012)

Dec. 12, 2012

ELECTRONIC ORDER: WOMEN SPEAK FOR THEMSEVLES, BIOETHICS DEFENSE FUND, AND LIFE LEGAL DEFENSE FOUNDATION motion 29 for leave to file an amicus brief is GRANTED. Ordered by Judge Frederic Block on 12/13/2012. (Innelli, Michael) (Entered: 12/13/2012)

Dec. 13, 2012
38

NOTICE by Priests for Life re 24 MOTION for Temporary Restraining Order / Preliminary Injunction , 20 Memorandum in Opposition of Filing of Supplemental Declaration of Danielle Jones (Attachments: # 1 Declaration Supplemental Declaration of Danielle Jones with Exhibits A through D) (Muise, Robert) (Entered: 12/18/2012)

Dec. 18, 2012
39

Letter re: Response to Defendants' Supplemental Authority Letters (Doc Nos 36 &37) by Priests for Life (Muise, Robert) (Entered: 12/18/2012)

Dec. 18, 2012
40

Letter re: Notice of Supplemental Authority: U.S. Court of Appeals for the D.C. Circuit Order in Wheaton Coll. v. Sebelius by Priests for Life (Attachments: # 1 Exhibit U.S. Court of Appeals for the D.C. Circuit Order in Wheaton Coll v Sebelius) (Muise, Robert) (Entered: 12/19/2012)

Dec. 19, 2012
41

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 38 Notice(Other), (Attachments: # 1 Declaration of Gary M. Cohen) (Bennett, Michelle) (Entered: 12/19/2012)

Dec. 19, 2012
42

Letter re: 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 (Attachments: # 1 Exhibit : Wheaton Decision (D.C. Cir.)) (Bennett, Michelle) (Entered: 12/19/2012)

Dec. 19, 2012

Minute Entry for proceedings held before Judge Frederic Block: Robert Muise, Esq. for the plaintiff; Michelle Bennett, Esq. for defendant DOJ, all present. Oral argument held on 12/20/2012. Defendants motion to dismiss 18 and plaintiffs motion 24 for a TRO &preliminary injunction are discussed. The defendant needs more time to discuss the matter with the involved government agencies with respect to the issues involved in this case and the pending motions which have a January 2013 activation date. Counsel will discuss entering into a stipulation or certification as to plaintiffs injunctive relief and by 12/21/12 counsel shall ECF file a joint status report letter as to whether they can agree to any injunctive relief. If counsel can not agree they will appear again on December 24, 2012 @ 11AM to continue the discussion on the issue of injunctive relief. The Court reserves decisions on both motions and further oral argument is scheduled for 4/11/13 @ 3PM. (Court Reporter: Allan Sherman (718) 613−2529) (Innelli, Michael) (Entered: 12/20/2012)

Dec. 20, 2012

SCHEDULING ORDER: The oral argument scheduled for December 24, 2012 is being adjourned by the Court to December 26, 2012 @ 11AM if counsel are unable to stipulated as to injunctive relief as discussed at the oral argument on December 20, 2012. There will not be a formal notice mailed to counsel. Upon receipt of this email counsel shall confirm with each other the new date and time of this oral argument. Ordered by Judge Frederic Block on 12/20/2012. (Innelli, Michael)

Dec. 20, 2012
44

Letter re: Status Report by Priests for Life (Muise, Robert) (Entered: 12/21/2012)

Dec. 21, 2012

ORDER: Electronically endorsing the stipulation 43 by the parties as to injunctive relief. The oral argument scheduled for December 26, 2012 @ 11AM is canceled since the parties were able to enter into a stipulation. Upon receipt of this email counsel shall confirm with each other that this oral argument is canceled. Ordered by Judge Frederic Block on 12/21/2012. (Innelli, Michael) (Entered: 12/21/2012)

Dec. 21, 2012
45

Letter re: 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 (Attachments: # 1 Catholic Diocese of Biloxi Decision) (Bennett, Michelle) (Entered: 12/21/2012)

Dec. 21, 2012

ELECTRONIC ORDER: Plaintiff's motion 24 for TRO is moot at this time based on the stipulation 43 by the parties. Ordered by Judge Frederic Block on 1/8/2013. (Innelli, Michael) (Entered: 01/08/2013)

Jan. 8, 2013
46

Letter re 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 (Attachments: # 1 University of Notre Dame Decision, # 2 Catholic Diocese of Peoria Decision, # 3 Colorado Christian University Decision) (Bennett, Michelle) (Entered: 01/10/2013)

Jan. 10, 2013
47

Letter re: Supplemental Authority by Priests for Life (Muise, Robert) (Entered: 01/25/2013)

Jan. 25, 2013
48

Letter re 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 (Attachments: # 1 Diocese of Fort Worth Decision) (Bennett, Michelle) (Entered: 02/08/2013)

Feb. 8, 2013
49

Letter re: Supplemental Authorities 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 1 − Bishop Conlon Decision) (Bennett, Michelle) (Entered: 02/19/2013)

Feb. 19, 2013
50

Letter re: Supplemental Authorities 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 (Bennett, Michelle) (Entered: 03/06/2013)

March 6, 2013
51

Letter re: Plaintiff's Response to Defendants' "Supplemental Authority" Letters by Priests for Life (Muise, Robert) (Entered: 03/14/2013)

March 14, 2013
52

Letter re: Plaintiff's March 14, 2013 Letter and re: Supplemental Authorities 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 − Wenski Decision, # 2 Exhibit − EWTN Decision) (Bennett, Michelle) (Entered: 03/29/2013)

March 29, 2013
58

Letter from Joan Coleman expressing opposition to the proposed "accommodation" to the HHS mandate. (Chee, Alvin) (Entered: 04/15/2013)

April 4, 2013
53

Letter re: Plaintiff's Response to Defendants' Letter of March 29, 2013 [Doc. No. 52] by Priests for Life (Attachments: # 1 Exhibit Roman Catholic Diocese of Ft. Worth v Sebelius) (Muise, Robert) (Entered: 04/08/2013)

April 8, 2013
54

Letter re: 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 (Bennett, Michelle) (Entered: 04/09/2013)

April 9, 2013
55

Letter re: Pl.'s April 8 letter (Dkt. No. 53) and re: 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 (Attachments: # 1 Exhibit − Criswell College

April 10, 2013
56

MEMORANDUM &ORDER: The defendants motion 18 to dismiss is granted, Priests for Lifes motion 24 is denied for lack of jurisdiction, and the complaint is dismissed without prejudice. Ordered by Judge Frederic Block on 4/12/2013. (Innelli, Michael) (Entered: 04/12/2013)

April 12, 2013
57

Letter re: Oral Argument on Motion to Dismiss by Priests for Life (Muise, Robert) (Entered: 04/12/2013)

April 12, 2013
59

CLERK'S JUDGMENT: Ordered that Defendants' motion to dismiss is granted; that Plaintiff's motion is denied for lack of jurisdiction; and that the Complaint is dismissed without prejudice. Ordered by Clerk of Court on 4/15/2013. (Chee, Alvin) (Entered: 04/15/2013)

April 15, 2013

State / Territory: New York

Case Type(s):

Speech and Religious Freedom

Special Collection(s):

Contraception Insurance Mandate

Key Dates

Filing Date: Feb. 15, 2012

Closing Date: 2013

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Priests for Life is a non-profit corporation with a private group health insurance plan not grandfathered into the Affordable Care Act.

Plaintiff Type(s):

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 Labor (Washington D.C.), Federal

Defendant Type(s):

Hospital/Health Department

Case Details

Causes of Action:

Religious Freedom Rest. Act/Religious Land Use and Inst. Persons Act (RFRA/RLUIPA)

Administrative Procedure Act, 5 U.S.C. §§ 551 et seq.

Constitutional Clause(s):

Free Exercise Clause

Establishment Clause

Freedom of speech/association

Equal Protection

Availably Documents:

Trial Court Docket

Complaint (any)

Non-settlement Outcome

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

None

None yet

Source of Relief:

None yet

None

Content of Injunction:

Preliminary relief denied

Issues

General:

Contraception

Religious programs / policies

Discrimination-basis:

Religion discrimination