Case: Wenski v. Sebelius

1:12-cv-23820 | U.S. District Court for the Southern District of Florida

Filed Date: May 21, 2012

Closed Date: 2013

Clearinghouse coding complete

Case Summary

On May 21, 2012, the Catholic Archbishop of Miami, on behalf of his diocese, along with several affiliated Catholic organizations, filed a lawsuit in the Southern District of Florida against the Federal Government under the Religious Freedom Restoration Act (42 U.S.C. § 2000bb), the Administrative Procedure Act (5 U.S.C. § 706(2)), the First Amendment, and separation of powers. Plaintiffs, represented by 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 contended that this mandatory contraception coverage violates their sincerely held religious beliefs.

On March 4, 2013, Judge Donald L. Graham granted defendants' motion to dismiss for lack of ripeness.

Summary Authors

Wyatt Fore (4/5/2013)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/4234640/parties/the-most-reverend-thomas-g-wenski-v-sebelius/


Judge(s)

Goodman, Jonathan (Florida)

Graham, Donald L. (Florida)

Attorneys(s) for Plaintiff

Burnette, Jason T. (Georgia)

Diaz, Roberto J. (Florida)

Metcalf, Janine Cone (Georgia)

Monde, David M. (Georgia)

Smith, E. Kendrick (Georgia)

Williams, James R. (Georgia)

Attorneys(s) for Defendant

Bennett, Michelle Renee (District of Columbia)

Pollack, Michael Charles (District of Columbia)

Judge(s)

Goodman, Jonathan (Florida)

Graham, Donald L. (Florida)

Attorneys(s) for Plaintiff

Burnette, Jason T. (Georgia)

Diaz, Roberto J. (Florida)

Metcalf, Janine Cone (Georgia)

Monde, David M. (Georgia)

Smith, E. Kendrick (Georgia)

Williams, James R. (Georgia)

Attorneys(s) for Defendant

Bennett, Michelle Renee (District of Columbia)

Pollack, Michael Charles (District of Columbia)

Documents in the Clearinghouse

Document

1:12-cv-23820

Docket [PACER]

March 4, 2013

March 4, 2013

Docket
1

1:12-cv-23820

Complaint

Oct. 19, 2012

Oct. 19, 2012

Complaint
46

1:12-cv-23820

Order [granting defendants' motion to dismiss]

March 4, 2013

March 4, 2013

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4234640/the-most-reverend-thomas-g-wenski-v-sebelius/

Last updated Aug. 7, 2022, 3:14 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against Timothy Geithner, Kathleen Sebelius, Hilda L. Solis, U.S. Department of Health and Human Services, U.S. Department of Labor, U.S. Department of Treasury. Filing fee $ 350.00 receipt number 113C-5164362, filed by Catholic Hospice, Inc., Catholic Health Services, Inc., The Most Reverend Thomas Wenski. (Attachments: # 1 Civil Cover Sheet, # 2 Summon(s))(Diaz, Roberto) (Entered: 10/19/2012)

1 Civil Cover Sheet

View on PACER

2 Summon(s)

View on PACER

Oct. 19, 2012

Oct. 19, 2012

RECAP
2

Judge Assignment to Judge Donald L. Graham (yar) (Entered: 10/19/2012)

Oct. 19, 2012

Oct. 19, 2012

PACER
3

Summons Issued as to Timothy Geithner, Kathleen Sebelius, Hilda L. Solis, U.S. Department of Health and Human Services, U.S. Department of Labor, U.S. Department of Treasury, U.S. Attorney and U.S. Attorney General (yar) (Entered: 10/19/2012)

Oct. 19, 2012

Oct. 19, 2012

PACER
4

Corporate Disclosure Statement by Catholic Health Services, Inc., Catholic Hospice, Inc., The Most Reverend Thomas G. Wenski (Diaz, Roberto) (Entered: 10/19/2012)

Oct. 19, 2012

Oct. 19, 2012

PACER
5

MOTION to Appear Pro Hac Vice and Request to Electronically Receive Notices of Electronic Filing for E. Kendrick Smith. Filing Fee $ 75.00. Receipt # 47361. (ksa) (Entered: 10/24/2012)

Oct. 22, 2012

Oct. 22, 2012

PACER
6

MOTION to Appear Pro Hac Vice and Request to Electronically Receive Notices of Electronic Filing for James R. Williams. Filing Fee $ 75.00. Receipt # 47361. (ksa) (Entered: 10/24/2012)

Oct. 22, 2012

Oct. 22, 2012

PACER
7

MOTION to Appear Pro Hac Vice and Request to Electronically Receive Notices of Electronic Filing for Janine Cone Metcalf. Filing Fee $ 75.00. Receipt # 47361. (ksa) (Entered: 10/24/2012)

Oct. 22, 2012

Oct. 22, 2012

PACER
8

MOTION to Appear Pro Hac Vice and Request to Electronically Receive Notices of Electronic Filing for Jason T. Burnette. Filing Fee $ 75.00. Receipt # 47361. (ksa) (Entered: 10/24/2012)

Oct. 22, 2012

Oct. 22, 2012

PACER
9

ORDER granting 5 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing. Signed by Judge Donald L. Graham on 10/24/2012. (ar2) (Entered: 10/24/2012)

Oct. 24, 2012

Oct. 24, 2012

PACER
10

ORDER granting 6 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing. Signed by Judge Donald L. Graham on 10/24/2012. (ar2) (Entered: 10/24/2012)

Oct. 24, 2012

Oct. 24, 2012

PACER
11

ORDER granting 7 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing. Signed by Judge Donald L. Graham on 10/24/2012. (ar2) (Entered: 10/24/2012)

Oct. 24, 2012

Oct. 24, 2012

PACER
12

ORDER granting 8 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing. Signed by Judge Donald L. Graham on 10/24/2012. (ar2) (Entered: 10/24/2012)

Oct. 24, 2012

Oct. 24, 2012

PACER
13

MOTION to Appear Pro Hac Vice and Request to Electronically Receive Notices of Electronic Filing for David M. Monde. Filing Fee $ 75.00. Receipt # 49332. (ksa) (Entered: 12/04/2012)

Dec. 3, 2012

Dec. 3, 2012

PACER
14

SUMMONS (Affidavit) Returned Executed by Catholic Health Services, Inc., The Most Reverend Thomas G. Wenski, Catholic Hospice, Inc.. Timothy Geithner served on 11/2/2012, answer due 1/1/2013. (Diaz, Roberto) (Entered: 12/13/2012)

Dec. 13, 2012

Dec. 13, 2012

PACER
15

SUMMONS (Affidavit) Returned Executed by Catholic Health Services, Inc., The Most Reverend Thomas G. Wenski, Catholic Hospice, Inc.. U.S. Department of Health and Human Services served on 10/26/2012, answer due 12/26/2012. (Diaz, Roberto) (Entered: 12/13/2012)

Dec. 13, 2012

Dec. 13, 2012

PACER
16

SUMMONS (Affidavit) Returned Executed by Catholic Health Services, Inc., The Most Reverend Thomas G. Wenski, Catholic Hospice, Inc.. Kathleen Sebelius served on 10/26/2012, answer due 12/26/2012. (Diaz, Roberto) (Entered: 12/13/2012)

Dec. 13, 2012

Dec. 13, 2012

PACER
17

SUMMONS (Affidavit) Returned Executed by Catholic Health Services, Inc., The Most Reverend Thomas G. Wenski, Catholic Hospice, Inc.. All Defendants. (Diaz, Roberto) (Entered: 12/13/2012)

Dec. 13, 2012

Dec. 13, 2012

PACER
18

SUMMONS (Affidavit) Returned Executed by Catholic Health Services, Inc., The Most Reverend Thomas G. Wenski, Catholic Hospice, Inc.. All Defendants. (Diaz, Roberto) (Entered: 12/13/2012)

Dec. 13, 2012

Dec. 13, 2012

PACER
19

SUMMONS (Affidavit) Returned Executed by Catholic Health Services, Inc., The Most Reverend Thomas G. Wenski, Catholic Hospice, Inc.. U.S. Department of Labor served on 11/1/2012, answer due 12/31/2012. (Diaz, Roberto) (Entered: 12/13/2012)

Dec. 13, 2012

Dec. 13, 2012

PACER
20

SUMMONS (Affidavit) Returned Executed by Catholic Health Services, Inc., The Most Reverend Thomas G. Wenski, Catholic Hospice, Inc.. Hilda L. Solis served on 10/31/2012, answer due 12/31/2012. (Diaz, Roberto) (Entered: 12/13/2012)

Dec. 13, 2012

Dec. 13, 2012

PACER
21

SUMMONS (Affidavit) Returned Executed by Catholic Health Services, Inc., The Most Reverend Thomas G. Wenski, Catholic Hospice, Inc.. U.S. Department of Treasury served on 11/2/2012, answer due 1/1/2013. (Diaz, Roberto) (Entered: 12/13/2012)

Dec. 13, 2012

Dec. 13, 2012

PACER
22

Motion to Dismiss/Lack of Jurisdiction

1 Exhibit Wheaton v. Sebelius

View on PACER

2 Exhibit Catholic Diocese of Biloxi v. Sebelius

View on PACER

Dec. 21, 2012

Dec. 21, 2012

PACER
23

Motion for Extension of Time

1 Text of Proposed Order

View on PACER

Dec. 26, 2012

Dec. 26, 2012

PACER
24

Order on Motion to Appear Pro Hac Vice

Dec. 26, 2012

Dec. 26, 2012

PACER
25

Order on Motion for Extension of Time

Dec. 26, 2012

Dec. 26, 2012

PACER
26

Order Setting Status Conference

Jan. 2, 2013

Jan. 2, 2013

PACER
27

Notice of Supplemental Authority

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
28

Notice of Supplemental Authority

1 Exhibit Colorado Christian Univ. v. Sebelius

View on PACER

Jan. 10, 2013

Jan. 10, 2013

PACER
29

Memorandum

1 Exhibit Declaration of Susan Waddell

View on PACER

2 Exhibit Declaration of Lisa Pinto

View on PACER

3 Exhibit Transcript of Proceedings, Nov. 15, 2012

View on PACER

Jan. 16, 2013

Jan. 16, 2013

PACER
30

Reply to Response to Motion

1 Exhibit 1 - Persico Decision

View on PACER

Jan. 23, 2013

Jan. 23, 2013

PACER
31

Notice of Supplemental Authority

Jan. 29, 2013

Jan. 29, 2013

PACER
32

Status Report

Feb. 1, 2013

Feb. 1, 2013

PACER
33

Consent to Jurisdiction by US Magistrate Judge

Feb. 1, 2013

Feb. 1, 2013

PACER
34

Notice of Attorney Appearance

Feb. 4, 2013

Feb. 4, 2013

PACER
35

Motion to Stay

1 Exhibit Ave Maria v. Sebelius Order

View on PACER

2 Text of Proposed Order

View on PACER

Feb. 4, 2013

Feb. 4, 2013

PACER
36

Notice of Supplemental Authority

1 Exhibit Diocese of Fort Worth v. Sebelius

View on PACER

Feb. 5, 2013

Feb. 5, 2013

PACER
37

Status Conference

Feb. 6, 2013

Feb. 6, 2013

PACER
38

Response in Opposition to Motion

1 Exhibit Archdiocese of NY v. Sebelius-Docket Order

View on PACER

2 Exhibit Diocese of Fort Worth v. Sebelius

View on PACER

3 Exhibit Archdiocese of NY v. Sebelius

View on PACER

Feb. 8, 2013

Feb. 8, 2013

PACER
39

Notice of Supplemental Authority

1 Exhibit Conlon v. Sebelius

View on PACER

Feb. 8, 2013

Feb. 8, 2013

PACER
40

Notice of Unavailability

Feb. 11, 2013

Feb. 11, 2013

PACER
41

Reply to Response to Motion

Feb. 15, 2013

Feb. 15, 2013

PACER
42

Scheduling Order

Feb. 20, 2013

Feb. 20, 2013

PACER
43

Order Referring Case to Mediation

Feb. 20, 2013

Feb. 20, 2013

PACER
44

Order Referring Case to Magistrate Judge

Feb. 20, 2013

Feb. 20, 2013

PACER
45

Order Referring Case to Magistrate Judge

Feb. 20, 2013

Feb. 20, 2013

PACER
46

Order on Motion to Dismiss/Lack of Jurisdiction

March 4, 2013

March 4, 2013

RECAP

Case Details

State / Territory: Florida

Case Type(s):

Speech and Religious Freedom

Special Collection(s):

Contraception Insurance Mandate

Multi-LexSum (in sample)

Key Dates

Filing Date: May 21, 2012

Closing Date: 2013

Case Ongoing: No

Plaintiffs

Plaintiff Description:

The Catholic Archbishop of Miami, and affiliated Catholic organizations.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

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), Federal

United States Department of Treasury (Washington), 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):

Freedom of speech/association

Free Exercise Clause

Establishment Clause

Availably Documents:

Trial Court Docket

Complaint (any)

Any published opinion

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Source of Relief:

None

Issues

General:

Contraception

Religious programs / policies

Discrimination-basis:

Religion discrimination