Case: College of the Ozarks v. Dep't of Health and Human Servs.

6:12-cv-03428 | U.S. District Court for the Western District of Missouri

Filed Date: Sept. 17, 2012

Closed Date: 2013

Clearinghouse coding complete

Case Summary

On September 17, 2012, the College of the Ozarks filed a lawsuit in the Western District of Missouri 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)), and the First and Fifth Amendments. The plaintiffs, represented by private counsel, sought to enjoin enforcement of provisions of the Affordable Care Act (ACA) extending universal contraception coverage in employer-sponsored private health insuran…

On September 17, 2012, the College of the Ozarks filed a lawsuit in the Western District of Missouri 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)), and the First and Fifth Amendments. The plaintiffs, represented by private counsel, sought to enjoin enforcement of provisions of the Affordable Care Act (ACA) extending universal contraception coverage in employer-sponsored private health insurance coverage.

Specifically, the plaintiffs believed that the Contraceptive Mandate violated its sincerely-held religious beliefs by requiring that the College’s health insurance plan contain coverage or access to coverage for elective abortion services, certain FDA-approved abortifacient drugs, and related education and counseling. The Mandate exposed the College to substantial fines for the exercise of its religious beliefs. This violated the College’s rights under the Religious Freedom Restoration Act.

Additionally, the plaintiffs alleged that the Mandate’s requirements compelled the College to operate in a manner contrary to its religious beliefs, thus violating the guarantee of free speech as set out in the First Amendment.

The plaintiffs sent a notice of voluntary dismissal on January 14, 2013. Judge Wimes thus ordered the dismissal without prejudice on January 16, 2013.

This case was likely closed due to a private settlement, but we don't have any further information.

Summary Authors

Wyatt Fore (4/5/2013)

Ginny Lee (4/10/2017)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4300644/parties/college-of-the-ozarks-v-united-states-department-of-health-and-human/


Judge(s)

Wimes, Brian Curtis (Missouri)

Attorneys(s) for Plaintiff

Ankrom, Derek A. (Missouri)

Fry, Virginia L. (Missouri)

Gooch, Ginger K. (Missouri)

Judge(s)

Wimes, Brian Curtis (Missouri)

Attorneys(s) for Plaintiff

Ankrom, Derek A. (Missouri)

Fry, Virginia L. (Missouri)

Gooch, Ginger K. (Missouri)

Documents in the Clearinghouse

Document

Docket [PACER]

College of the Ozarks v. Sebelius

Jan. 16, 2013 Docket
1

Complaint

The School of the Ozarks, Inc. v. United States Department of Health and Human Services

Sept. 17, 2012 Complaint
5

Order of Dismissal Without Prejudice

The School of the Ozarks, Inc. v. United States Department of Health and Human Services

Jan. 16, 2013 Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4300644/college-of-the-ozarks-v-united-states-department-of-health-and-human/

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

ECF Number Description Date Link
1

COMPLAINT against U.S. Dept. of Labor, United States Department of Health and Human Services, United States Dept. of Treasury, Timothy F. Geithner, Secretary filed by Virginia L Fry on behalf of College of the Ozarks. Filing fee $350, receipt number 0866-3238089. Service due by 1/18/2013. (Attachments: # 1 Civil Cover Sheet)(Fry, Virginia) (Entered: 09/17/2012)

1 Civil Cover Sheet

View on PACER

Sept. 17, 2012 RECAP

NOTICE OF MAGISTRATE ASSIGNMENT emailed to atty for pltf This is a docket entry only. No document is attached. Magistrate Return due by 10/12/2012 (Howard, Linda)

Sept. 17, 2012 PACER

SUMMONS ISSUED as to Timothy Geithner, Kathleen Sebelius, Hilda Solis, United States Department of Health and Human Services, United States Department of Labor, United States Department of Treasury, U.S. Attorney and U.S. Attorney General. Summonses returned via electronic mail to counsel for Plaintiff for service. (Burch, C. Steve)

Sept. 17, 2012 PACER
2

Notice of EAP assignment to an outside mediator. (Attachments: # 1 EAP General Order)(Howard, Linda) (Entered: 10/03/2012)

1 EAP General Order

View on PACER

Oct. 3, 2012 RECAP

SECOND NOTICE OF MAGISTRATE ASSIGNMENT sent via email to plaintiff's counsel. This is a docket entry only. No document is attached. Magistrate Return due by 11/19/2012 (Martin, Jan)

Oct. 25, 2012 PACER
3

NOTICE OF REASSIGNMENT from Magistrate Judge Sarah W. Hays to District Judge Brian C. Wimes. (Martin, Jan) (Entered: 12/03/2012)

Dec. 3, 2012 PACER
4

NOTICE of voluntary dismissal by The School of the Ozarks, Inc., (Fry, Virginia) (Entered: 01/14/2013)

Jan. 14, 2013 RECAP
5

Order of Dismissal Without Prejudice. Signed on 1/16/13 by District Judge Brian C. Wimes. (Baldwin, Joella) (Entered: 01/16/2013)

Jan. 16, 2013 PACER

State / Territory: Missouri

Case Type(s):

Speech and Religious Freedom

Special Collection(s):

Contraception Insurance Mandate

Key Dates

Filing Date: Sept. 17, 2012

Closing Date: 2013

Case Ongoing: No

Plaintiffs

Plaintiff Description:

A Missouri Christian College, organized as a not-for-profit corporation.

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):

Due Process

Establishment Clause

Free Exercise Clause

Freedom of speech/association

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