Case: Ozinga v. Sebelius

1:13-cv-03292 | U.S. District Court for the Northern District of Illinois

Filed Date: March 1, 2013

Closed Date: 2017

Clearinghouse coding complete

Case Summary

On March 1, 2013, the Christian owners of a closely-held corporation and the corporation itself filed this lawsuit in the U.S. District Court for the Northern District of Illinois. The plaintiffs sued the federal government (the U.S. Departments of Health and Human Services, Labor, and the Treasury) under the First Amendment, the Religious Freedom Restoration Act ("RFRA"), and the Administrative Procedures Act ("APA"). The plaintiffs, represented by in-house counsel, the Thomas More Society, a…

On March 1, 2013, the Christian owners of a closely-held corporation and the corporation itself filed this lawsuit in the U.S. District Court for the Northern District of Illinois. The plaintiffs sued the federal government (the U.S. Departments of Health and Human Services, Labor, and the Treasury) under the First Amendment, the Religious Freedom Restoration Act ("RFRA"), and the Administrative Procedures Act ("APA"). The plaintiffs, represented by in-house counsel, the Thomas More Society, and the Jubilee Campaign - Law of Life Project, asked the court for both declaratory and injunctive relief, alleging the federal rules adopted pursuant to the 2010 Patient Protection and Affordable Care Act ("ACA) violated their religious freedom by requiring the corporation to provide employee insurance coverage for contraception through its group health insurance plan. Claiming that providing coverage for contraception would contravene both their Christian faith and compel speech and association contrary to their beliefs, the plaintiffs sought an exemption from the ACA's contraception mandate for themselves and other institutions with similar religious objections.

On July 12, 2013, the plaintiffs filed a motion for a preliminary injunction. On July 13, 2013, the government filed a motion to stay proceedings in light of Korte v. Sebelius and Grote v. Sebelius, cases raising the same issue pending before the Seventh Circuit Court of Appeals. The government also gave notice of non-opposition to a preliminary injunction until the Grote and Korte appeals were resolved.

On July 16, 2013, U.S. District Court Judge Thomas M. Durkin granted the preliminary injunction.

On August 14, 2013, the Court granted the government's motion to stay proceedings until the Seventh Circuit issued a decision in Korte and Grote. 2013 WL 12212731.

On September 30, 2015, the District Court granted a permanent injunction in favor of the plaintiffs, following the Court's decision in Hobby Lobby v. Sebelius. The plaintiffs had requested an injunction of any regulation related to the ACA's contraception mandate, but the Court limited the injunction to the regulations implementing the mandate that were at issue in Hobby Lobby v. Sebelius and the plaintiffs' complaint. Those regulations would have required all for-profit corporations, whether closely held or not, to provide contraception as part of their employee health plan. The Supreme Court also denied review in Korte, and the lower courts addressed it under Hobby Lobby. 2015 WL 13439819.

On November 30, 2015, the plaintiffs in this case appealed to the Seventh Circuit. On February 9, 2016, the Seventh Circuit granted the government's motion to hold the appeal in abeyance pending Supreme Court review of Zubik v. Burwell [II].

On May 16, 2016, the Supreme Court issued a per curiam order in Zubik remanding all seven consolidated cases to their respective courts of appeals. The Court ordered lower courts to give the parties time to come to agreement on an approach that that "accommodates petitioners’ religious exercise while at the same time ensuring that women covered by petitioners’ health plans 'receive full and equal health coverage, including contraceptive coverage.'" 136 S.Ct 1557, 1560. Following that order, the Seventh Circuit heard oral argument in this case on November 1, 2016. The case focused on whether district court should have issued an injunction against the version of the contraception mandate at issue in Hobby Lobby (as the district court did) or an injunction against all further enforcement of the contraceptive services mandate.

On December 27, 2016, the Seventh Circuit initially affirmed the District Courts' ruling, but it later withdrew its opinion and the appeal remained under consideration.

On January 9, 2017, the parties were ordered to filed briefs discussing whether or not the case was subject for debated given the regulatory accommodation for religious employers was revised in July 2015 to include closely held, for-profit employers.

Following the filing of briefs on the issue, one August 28, 2017, the Seventh Circuit vacated the case and remanded it with instructions to dismiss it as moot. The court found that, because the plaintiffs' initial claim had been based on the unrevised regulation, they had sustained no harm due to the injunction during litigation, and the revised regulation post Hobby Lobby no longer posed prospective harm to the company. The Circuit Court therefore dismissed the case. The court also ordered both parties would bear their own cost of fees for appeal. 855 F.3d 730.

This case is now closed.

Summary Authors

Emma Lawton (10/5/2013)

Richard Jolly (4/6/2014)

Kate Craddock (11/13/2016)

Taylor Brook (3/8/2018)

Related Cases

Hobby Lobby v. Sebelius, Western District of Oklahoma (2012)

Korte v. United States Department of Health and Human Services, Southern District of Illinois (2012)

Grote Industries v. Sebelius, Southern District of Indiana (2012)

Zubik v. Burwell [II], Western District of Pennsylvania (2013)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/6845292/parties/ozinga-v-united-states-department-of-human-services/


Judge(s)

Durkin, Thomas Michael (Illinois)

Easterbrook, Frank Hoover (Illinois)

Rovner, Ilana Kara Diamond (Illinois)

Sykes, Diane S. (Wisconsin)

Attorneys(s) for Plaintiff

Bennett, Michelle Renee (District of Columbia)

Breen, Peter C. (Illinois)

Brejcha, Thomas (Illinois)

Casey, Samuel B. (District of Columbia)

Craddock, Jason (Illinois)

Norman, Andy Robert (Illinois)

Judge(s)

Durkin, Thomas Michael (Illinois)

Easterbrook, Frank Hoover (Illinois)

Rovner, Ilana Kara Diamond (Illinois)

Sykes, Diane S. (Wisconsin)

Attorneys(s) for Plaintiff

Bennett, Michelle Renee (District of Columbia)

Breen, Peter C. (Illinois)

Brejcha, Thomas (Illinois)

Casey, Samuel B. (District of Columbia)

Craddock, Jason (Illinois)

Norman, Andy Robert (Illinois)

White, Kevin E (Illinois)

Attorneys(s) for Defendant

Berwick, Benjamin Leon (District of Columbia)

Klein, Alisa B. (District of Columbia)

Nemeroff, Patrick George (District of Columbia)

Documents in the Clearinghouse

Document

1:13-cv-03292

Docket [PACER]

Ozinga v. United States Department of Human Services

Aug. 30, 2016

Aug. 30, 2016

Docket

15-03648

Docket [USCA 7th Circuit]

Ozinga v. Price

U. S. Court of Appeals for the Seventh Circuit

June 20, 2017

June 20, 2017

Docket
1

1:13-cv-03292

Complaint

Ozinga v. United States Department of Health & Human Services

May 1, 2013

May 1, 2013

Complaint
25

1:13-cv-03292

Preliminary Injunction Order

July 16, 2013

July 16, 2013

Order/Opinion
29

1:13-cv-03292

Order to Stay Proceedings

Aug. 14, 2013

Aug. 14, 2013

Order/Opinion
53

1:13-cv-03292

Order

Sept. 30, 2015

Sept. 30, 2015

Order/Opinion
57

15-03648

[Opinion]

Ozinga v. Price

U. S. Court of Appeals for the Seventh Circuit

855 F.3d 730, 2017 WL 1526396

April 28, 2017

April 28, 2017

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/6845292/ozinga-v-united-states-department-of-human-services/

Last updated Aug. 2, 2022, 3:13 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT filed by Timothy Ozinga, Ozinga Bros., Inc., Marty Ozinga IV, Paul Ozinga, Aaron Ozinga, Martin Ozinga, III, Justin Ozinga, Jeffrey Ozinga, Karl Ozinga; Jury Demand. Filing fee $ 400, receipt number 0752−8302644.(White, Kevin) (Entered: 05/01/2013)

May 1, 2013

May 1, 2013

2

CIVIL Cover Sheet (White, Kevin) (Entered: 05/01/2013)

May 1, 2013

May 1, 2013

CASE ASSIGNED to the Honorable Thomas M. Durkin. Designated as Magistrate Judge the Honorable Daniel G. Martin. (nsf, ) (Entered: 05/02/2013)

May 1, 2013

May 1, 2013

3

ATTORNEY Appearance for Plaintiffs Aaron Ozinga, Jeffrey Ozinga, Justin Ozinga, Karl Ozinga, Martin Ozinga, III, Paul Ozinga, Timothy Ozinga, Ozinga Bros., Inc., Marty Ozinga IV by Peter Christopher Breen (Breen, Peter) (Entered: 05/02/2013)

May 2, 2013

May 2, 2013

4

ATTORNEY Appearance for Plaintiffs Aaron Ozinga, Jeffrey Ozinga, Justin Ozinga, Karl Ozinga, Martin Ozinga, III, Paul Ozinga, Timothy Ozinga, Ozinga Bros., Inc., Marty Ozinga IV by Thomas L. Brejcha, Jr (Brejcha, Thomas) (Entered: 05/02/2013)

May 2, 2013

May 2, 2013

5

ATTORNEY Appearance for Plaintiffs Aaron Ozinga, Jeffrey Ozinga, Justin Ozinga, Karl Ozinga, Martin Ozinga, III, Paul Ozinga, Timothy Ozinga, Ozinga Bros., Inc., Marty Ozinga IV by Kevin E. White , Kevin Edward White & Associates, (White, Kevin) (Entered: 05/02/2013)

May 2, 2013

May 2, 2013

6

MINUTE entry before Honorable Thomas M. Durkin: Status Report due by 7/10/2013. Status hearing set for 7/16/2013 at 09:00 AM. (see order for further detail)Mailed notice (srn, ) (Entered: 05/10/2013)

May 10, 2013

May 10, 2013

SUMMONS Issued as to All Defendants, U.S. Attorney (jn, ) (Entered: 05/16/2013)

May 15, 2013

May 15, 2013

7

ATTORNEY Appearance for Plaintiffs Aaron Ozinga, Jeffrey Ozinga, Justin Ozinga, Karl Ozinga, Martin Ozinga, III, Paul Ozinga, Timothy Ozinga, Ozinga Bros., Inc., Marty Ozinga IV by Jason R. Craddock, Sr (Craddock, Jason) (Entered: 05/17/2013)

May 17, 2013

May 17, 2013

8

SUMMONS Returned Executed by Aaron Ozinga, Timothy Ozinga, Marty Ozinga IV, Paul Ozinga, Jeffrey Ozinga, Justin Ozinga, Karl Ozinga, Martin Ozinga, III, Ozinga Bros., Inc. as to All Defendants (Craddock, Jason) (Entered: 05/17/2013)

May 17, 2013

May 17, 2013

9

AFFIDAVIT of Service filed by Plaintiffs Aaron Ozinga, Jeffrey Ozinga, Justin Ozinga, Karl Ozinga, Martin Ozinga, III, Paul Ozinga, Timothy Ozinga, Ozinga Bros., Inc., Marty Ozinga IV regarding Complaint served on All Defendants on May 17, 2013 (Craddock, Jason) (Entered: 05/17/2013)

May 17, 2013

May 17, 2013

10

MOTION for Leave to Appear Pro Hac Vice Filing fee $ 50, receipt number 0752−8365166. Co−Counsel for Plaintiffs (Casey, Samuel) (Entered: 05/21/2013)

May 21, 2013

May 21, 2013

11

MINUTE entry before Honorable Thomas M. Durkin: Samuel B. Casey is granted leave to appear pro hac vice on behalf of all plaintiffs. 10 Mailed notices (gcy, ) (Entered: 05/22/2013)

May 21, 2013

May 21, 2013

12

ATTORNEY Appearance for Plaintiffs Aaron Ozinga, Jeffrey Ozinga, Justin Ozinga, Karl Ozinga, Martin Ozinga, III, Paul Ozinga, Timothy Ozinga, Ozinga Bros., Inc., Marty Ozinga IV by Samuel B. Casey per Pro Hac Vice Order (Casey, Samuel) (Entered: 06/06/2013)

June 6, 2013

June 6, 2013

13

ATTORNEY Appearance for Defendants Seth D. Harris, Jacob J. Lew, Kathleen Sebelius by Benjamin Leon Berwick (Berwick, Benjamin) (Entered: 06/12/2013)

June 12, 2013

June 12, 2013

14

MOTION by Defendants Seth D. Harris, Jacob J. Lew, Kathleen Sebelius for extension of time to file answer regarding complaint, 1 (Berwick, Benjamin) (Entered: 07/10/2013)

July 10, 2013

July 10, 2013

15

INITIAL Joint Status Report by All Parties (White, Kevin) (Modified on 7/11/2013 by Clerk's Office) (mb, ). (Entered: 07/10/2013)

July 10, 2013

July 10, 2013

17

MOTION by Defendants Seth D. Harris, Jacob J. Lew, Kathleen Sebelius to stay proceedings and Notice of non−opposition to preliminary injunction (Attachments: # 1 Text of Proposed Order, # 2 Exhibit Triune v. HHS, # 3 Exhibit Monaghan v. Sebelius)(Berwick, Benjamin) (Entered: 07/13/2013)

July 13, 2013

July 13, 2013

18

NOTICE of Motion by Benjamin Leon Berwick for presentment of motion to stay, 17 before Honorable Thomas M. Durkin on 7/16/2013 at 09:00 AM. (Berwick, Benjamin) (Entered: 07/13/2013)

July 13, 2013

July 13, 2013

19

MEMORANDUM in support of motion for preliminary injunction 17 by Plaintiffs Aaron Ozinga, Jeffrey Ozinga, Justin Ozinga, Karl Ozinga, Martin Ozinga, III, Paul Ozinga, Timothy Ozinga, Ozinga Bros., Inc., Marty Ozinga IV (Attachments: # 1 Supplement Plaintiff's Mem. Part 2, # 2 Exhibit Exhibit A, # 3 Exhibit Exhibit B, # 4 Exhibit Exhibit C, # 5 Exhibit Exhibit D−1, # 6 Exhibit Exhibit D−2, # 7 Exhibit Exhibit D−3, # 8 Exhibit Exhibit D−4, # 9 Exhibit Exhibit D−5, # 10 Exhibit Exhibit E (Proposed Order), # 11 Certificate of Service)(White, Kevin) Modified on 7/17/2013 by Clerk's Office(mb, ). (Entered: 07/15/2013)

July 15, 2013

July 15, 2013

20

MEMORANDUM by Aaron Ozinga, Jeffrey Ozinga, Justin Ozinga, Karl Ozinga, Martin Ozinga, III, Paul Ozinga, Timothy Ozinga, Ozinga Bros., Inc., Marty Ozinga IV in Opposition to motion to stay, 17 (White, Kevin) (Entered: 07/15/2013)

July 15, 2013

July 15, 2013

21

EXHIBIT D 19 (Tymkovich) (06/27/13) to Plaintiff's Memoranum in Support of Injunction (White, Kevin) Modified on 7/17/2013 by Clerk's Office(mb, ). (Entered: 07/15/2013)

July 15, 2013

July 15, 2013

22

EXHIBIT B (Korte) in support of Plainitiffs' Motion for Injunctive Relief (White, Kevin) Modified on 7/17/2013 by Clerk's Office (mb, ). (Entered: 07/15/2013)

July 15, 2013

July 15, 2013

23

MINUTE entry before Honorable Thomas M. Durkin:Motion for preliminary injunction 16 is granted. Motion to stay 17 is entered and continued. The Court will rule by mail. Defendants' Motion for extension of time to answer or otherwise plead 14 is granted. If the motion to stay is denied, defendants have 14 days from the date of the Court's ruling to file a responsive pleading. If the Court grants a stay, defendants' response will be due after the stay is lifted. Motion hearing held on 7/16/2013. Mailed notice (srn, ) (Entered: 07/16/2013)

July 16, 2013

July 16, 2013

25

PRELIMINARY INJUNCTION ORDER Signed by the Honorable Thomas M. Durkin on 7/16/2013:(mb, ) (Entered: 07/17/2013)

July 16, 2013

July 16, 2013

24

REPLY by Seth D. Harris, Jacob J. Lew, Kathleen Sebelius to memorandum in opposition to motion 20 (Attachments: # 1 Exhibit Autocam v. Sebelius)(Berwick, Benjamin) (Entered: 07/17/2013)

July 17, 2013

July 17, 2013

26

MOTION by Plaintiffs Aaron Ozinga, Jeffrey Ozinga, Justin Ozinga, Karl Ozinga, Martin Ozinga, III, Paul Ozinga, Timothy Ozinga, Ozinga Bros., Inc., Marty Ozinga IV to file instanter Plaintiffs' Sur−Response Memorandum In Opposition to Defendants Motion for Stay (White, Kevin) (Entered: 07/26/2013)

July 26, 2013

July 26, 2013

27

MINUTE entry before Honorable Thomas M. Durkin:Plaintiff's unopposed motion for leave to file instanter their sur−response memorandum in opposition to defendants' motion to stay 26 is granted.Mailed notice (srn, ) (Entered: 07/30/2013)

July 30, 2013

July 30, 2013

28

TRANSCRIPT OF PROCEEDINGS held on 7/16/13 before the Honorable Thomas M. Durkin. Court Reporter Contact Information: Laura Renke, laura_renke@ilnd.uscourts.gov, 312.435.6053. IMPORTANT: The transcript may be viewed at the court's public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through the Court Reporter/Transcriber or PACER. For further information on the redaction process, see the Court's web site at www.ilnd.uscourts.gov under Quick Links select Policy Regarding the Availability of Transcripts of Court Proceedings. Redaction Request due 8/26/2013. Redacted Transcript Deadline set for 9/5/2013. Release of Transcript Restriction set for 11/4/2013. (Renke, Laura) (Entered: 08/05/2013)

Aug. 5, 2013

Aug. 5, 2013

29

ORDER: For the foregoing reasons, the Court grants Defendants' motion to stay 17 . The Court will therefore stay these proceedings until the Seventh Circuit issues a decision in Korte and Grote. Case stayed. Signed by the Honorable Thomas M. Durkin on 8/14/2013:Mailed notice(srn, ) (Entered: 08/14/2013)

Aug. 14, 2013

Aug. 14, 2013

30

NOTICE by Thomas L. Brejcha, Jr of Change of Address (Brejcha, Thomas) (Entered: 09/26/2013)

Sept. 26, 2013

Sept. 26, 2013

31

NOTICE by Peter Christopher Breen of Change of Address (Breen, Peter) (Entered: 09/26/2013)

Sept. 26, 2013

Sept. 26, 2013

32

GENERAL ORDER 13−0018 dated 10/7/13: IT IS HEREBY ORDERED, effective October 1, 2013, that all civil litigation involving as a party the United States of America, is immediately suspended, postponed and held in abeyance continuing for a period of fourteen (14) days from the date of entry of this General Order (For Further Details See Attached Order). Signed by Chief Judge Castillo. (et, ) (Entered: 10/07/2013)

Oct. 7, 2013

Oct. 7, 2013

33

GENERAL ORDER 13−0019 dated 10/17/13: IT IS THEREFORE ORDERED, that the stay entered by General Order 13−0018 is hereby lifted, and any and all deadlines in the affected civil litigation (whether established by order, rule, or agreement), including but not limited to any scheduled discovery and pleading dates, are extended by 28 days. The Court warns litigants that this General Order does not purport to affect rights to or deadlines concerning appeal from any decision of this Court. Any litigant affected by this General Order may see relief from the order by motion. Trial dates in the affected cases will stand, although they may need to be adjusted in individual cases to account for the extension of other dates. The Court may, in any particular case, vary the effect or operation of this General Order by a separate ruling. (For Further Details See Attached Order). Signed by Chief Judge Castillo on 10/17/2013 (td, ) (Entered: 10/17/2013)

Oct. 17, 2013

Oct. 17, 2013

34

MOTION by counsel for Plaintiffs Aaron Ozinga, Jeffrey Ozinga, Justin Ozinga, Karl Ozinga, Martin Ozinga, III, Paul Ozinga, Timothy Ozinga, Ozinga Bros., Inc., Marty Ozinga IV to withdraw as attorney (Breen, Peter) (Entered: 05/09/2014)

May 9, 2014

May 9, 2014

35

NOTICE of Motion by Peter Christopher Breen for presentment of motion to withdraw as attorney 34 before Honorable Thomas M. Durkin on 5/22/2014 at 09:00 AM. (Breen, Peter) (Entered: 05/09/2014)

May 9, 2014

May 9, 2014

36

MINUTE entry before the Honorable Thomas M. Durkin:Motion to withdraw as attorney 34 is granted; Attorney Peter Christopher Breen and Thomas L. Brejcha, Jr terminated. No appearance required on 5/22/14. Mailed notice (srn, ) (Entered: 05/12/2014)

May 12, 2014

May 12, 2014

37

MINUTE entry before the Honorable Thomas M. Durkin: Status hearing set for 5/12/2015 at 09:00 AM.Mailed notice (srn, ) (Entered: 05/05/2015)

May 5, 2015

May 5, 2015

38

MINUTE entry before the Honorable Thomas M. Durkin:Status hearing held on 5/12/2015. Status hearing set for 6/3/2015 at 09:00 AM.Mailed notice (srn, ) (Entered: 05/12/2015)

May 12, 2015

May 12, 2015

39

MINUTE entry before the Honorable Thomas M. Durkin:Status hearing held on 6/3/2015. Status hearing set for 6/24/2015 at 09:00 AM.Mailed notice (srn, ) (Entered: 06/03/2015)

June 3, 2015

June 3, 2015

40

MINUTE entry before the Honorable Thomas M. Durkin:By agreement of the parties the 6/24/15 status date is vacated. Cross opening briefs on the permanent injunction issue are to be filed on or before 7/22/15. Cross responses are due by 8/5/15. The Court will rule by mail. Mailed notice (srn, ) (Entered: 06/23/2015)

June 23, 2015

June 23, 2015

41

ATTORNEY Appearance for Defendants Seth D. Harris, Jacob J. Lew, Kathleen Sebelius by Michelle Renee Bennett (Bennett, Michelle) (Entered: 07/22/2015)

July 22, 2015

July 22, 2015

43

MOTION by Plaintiffs Aaron Ozinga, Jeffrey Ozinga, Justin Ozinga, Karl Ozinga, Martin Ozinga, III, Paul Ozinga to set a briefing schedule (not opposed) , MOTION by Plaintiffs Aaron Ozinga, Jeffrey Ozinga, Justin Ozinga, Karl Ozinga, Martin Ozinga, III, Paul Ozinga for extension of time (Attachments: # 1 Notice of Motion to Re−Set Briefing Schedule)(White, Kevin) (Entered: 07/29/2015)

July 29, 2015

July 29, 2015

44

MINUTE entry before the Honorable Thomas M. Durkin:Plaintiff's motion for extension of time 43 is granted. Plaintiff's opening brief is now due by 7/30/15. Cross responses are due by 8/14/15. Mailed notice (srn, ) (Entered: 07/30/2015)

July 30, 2015

July 30, 2015

45

MEMORANDUM by Aaron Ozinga, Jeffrey Ozinga, Justin Ozinga, Karl Ozinga, Martin Ozinga, III, Paul Ozinga, Timothy Ozinga, Ozinga Bros., Inc., Marty Ozinga IV in Opposition to motion for miscellaneous relief, 42 Plaintiffs' Proposed Consent Order (Attachments: # 1 Text of Proposed Order Defendants' Proposed Order, # 2 Text of Proposed Order Plaintiffs' Proposed Order)(White, Kevin) (Entered: 07/30/2015)

July 30, 2015

July 30, 2015

46

RESPONSE by Defendants Seth D. Harris, Jacob J. Lew, Kathleen Sebelius to memorandum in opposition to motion, 45 (Defs.' Mem. in Opp'n to Pls.' Proposed Permanent Inj. & J.) (Bennett, Michelle) (Entered: 08/14/2015)

Aug. 14, 2015

Aug. 14, 2015

47

REPLY by Plaintiffs Aaron Ozinga, Jeffrey Ozinga, Justin Ozinga, Karl Ozinga, Martin Ozinga, III, Paul Ozinga, Timothy Ozinga, Ozinga Bros., Inc., Marty Ozinga IV to Defendants' Motion for Entry of Permanent Injunction and Final Judgment (Attachments: # 1 Certificate of Service Certificate of Service)(White, Kevin) (Entered: 08/14/2015)

Aug. 14, 2015

Aug. 14, 2015

48

NOTICE of Motion by Kevin E. White for presentment of motion for miscellaneous relief, 42 before Honorable Thomas M. Durkin on 9/16/2015 at 09:00 AM. (Attachments: # 1 Certificate of Service)(White, Kevin) (Entered: 09/11/2015)

Sept. 11, 2015

Sept. 11, 2015

49

MOTION by Plaintiffs Aaron Ozinga, Jeffrey Ozinga, Justin Ozinga, Karl Ozinga, Martin Ozinga, III, Paul Ozinga, Timothy Ozinga, Ozinga Bros., Inc., Marty Ozinga IV Settlement Conference/ Pre−Trial (White, Kevin) (Entered: 09/11/2015)

Sept. 11, 2015

Sept. 11, 2015

50

NOTICE by All Plaintiffs of filing of Fed. R. Civ. P. 28 Supplemental Authority (Attachments: # 1 Exhibit March for Life v. Burwell (D DC), # 2 Certificate of Service Certificate of Service)(White, Kevin) (Entered: 09/16/2015)

Sept. 16, 2015

Sept. 16, 2015

51

MINUTE entry before the Honorable Thomas M. Durkin:For the reasons stated orally, plaintiffs' motion for Local Rule 5 settlement conference 49 is denied. Motion hearing held on 9/16/2015. Mailed notice (srn, ) (Entered: 09/16/2015)

Sept. 16, 2015

Sept. 16, 2015

52

MOTION by Plaintiffs Aaron Ozinga, Jeffrey Ozinga, Justin Ozinga, Karl Ozinga, Martin Ozinga, III, Paul Ozinga, Timothy Ozinga, Ozinga Bros., Inc., Marty Ozinga IV to amend/correct notice of filing 50 (Attachments: # 1 Exhibit March for Life Opinion, # 2 Exhibit March for Life Order, # 3 Certificate of Service)(White, Kevin) (Entered: 09/18/2015)

Sept. 18, 2015

Sept. 18, 2015

53

ORDER: For the foregoing reasons, the Court grants the Defendants' motion for entry of a permanent injunction and final judgment 42 , and grants the Plaintiffs' motion for leave to file supplemental authority 52 . Civil case terminated. Signed by the Honorable Thomas M. Durkin on 9/30/2015:Mailed notice(srn, ) (Entered: 09/30/2015)

Sept. 30, 2015

Sept. 30, 2015

54

ORDER Signed by the Honorable Thomas M. Durkin on 9/30/15. Mailed notice (ph, ) (Entered: 10/01/2015)

Sept. 30, 2015

Sept. 30, 2015

55

NOTICE of appeal by Aaron Ozinga, Jeffrey Ozinga, Justin Ozinga, Karl Ozinga, Martin Ozinga, III, Paul Ozinga, Timothy Ozinga, Ozinga Bros., Inc., Marty Ozinga IV regarding orders 54 Filing fee $ 505, receipt number 0752−11341605. (Attachments: # 1 Certificate of Service Notice of Appeal)(White, Kevin) (Entered: 11/27/2015)

Nov. 27, 2015

Nov. 27, 2015

57

TRANSMITTED to the 7th Circuit the short record on notice of appeal 55 . Notified counsel (smm) (Entered: 11/30/2015)

Nov. 30, 2015

Nov. 30, 2015

58

MOTION by Plaintiff Kevin E White for attorney fees (Norman, Andy) (Entered: 12/01/2015)

Dec. 1, 2015

Dec. 1, 2015

59

NOTICE of Motion by Andy Robert Norman for presentment of motion for attorney fees 58 before Honorable Thomas M. Durkin on 12/9/2015 at 09:00 AM. (Norman, Andy) (Entered: 12/01/2015)

Dec. 1, 2015

Dec. 1, 2015

60

ACKNOWLEDGMENT of receipt of short record on appeal regarding notice of appeal, 55 ; USCA Case No. 15−3648 (cc, ) (Entered: 12/02/2015)

Dec. 1, 2015

Dec. 1, 2015

61

MEMORANDUM by Seth D. Harris, Jacob J. Lew, Kathleen Sebelius in Opposition to motion for attorney fees 58 (Attachments: # 1 Exhibit A)(Bennett, Michelle) (Entered: 12/02/2015)

Dec. 2, 2015

Dec. 2, 2015

62

REPLY by Aaron Ozinga, Jeffrey Ozinga, Justin Ozinga, Karl Ozinga, Martin Ozinga, III, Paul Ozinga, Timothy Ozinga, Ozinga Bros., Inc. to memorandum in opposition to motion 61 , MOTION by Plaintiff Kevin E White for attorney fees 58 and other relief (Attachments: # 1 Certificate of Service)(White, Kevin) (Entered: 12/04/2015)

Dec. 4, 2015

Dec. 4, 2015

63

ATTORNEY Appearance for Plaintiff Kevin E White by Andy Robert Norman (Norman, Andy) (Entered: 12/09/2015)

Dec. 9, 2015

Dec. 9, 2015

64

MINUTE entry before the Honorable Thomas M. Durkin:Plaintiffs' motion for leave for Andy Norman to appear as special attorney's fees counsel for plaintiffs and attorney Kevin E. White is granted. 58 Motion hearing held on 12/9/2015. Plaintiff is to provide the fee petition to the government by 1/13/16. Status hearing set for 2/8/2016 at 09:00 AM.Mailed notice (srn, ) (Entered: 12/09/2015)

Dec. 9, 2015

Dec. 9, 2015

65

MINUTE entry before the Honorable Thomas M. Durkin:Status hearing held on 2/8/2016. If the parties are unable to resolve the fee issue, this Court at the next status hearing will set a date for the filing of the fee petition. Status hearing set for 4/18/2016 at 09:00 AM.Mailed notice (srn, ) (Entered: 02/08/2016)

Feb. 8, 2016

Feb. 8, 2016

66

NOTICE by Kevin E. White of Change of Address (White, Kevin) (Entered: 02/09/2016)

Feb. 9, 2016

Feb. 9, 2016

67

CERTIFICATE of Service by Kevin E. White on behalf of All Plaintiffs regarding notice of change of address 66 (White, Kevin) (Entered: 02/09/2016)

Feb. 9, 2016

Feb. 9, 2016

68

MINUTE entry before the Honorable Thomas M. Durkin:Status hearing held on 4/18/2016. Plaintiff's fee petition is to be filed by 5/16/2016. Defendants' response is due by 5/31/2016. Plaintiff's reply is to be filed by 6/14/2016. The Court will rule by mail. Mailed notice (srn, ) (Entered: 04/18/2016)

April 18, 2016

April 18, 2016

69

MOTION by Plaintiff Kevin E White for extension of time to file (Norman, Andy) (Entered: 05/13/2016)

May 13, 2016

May 13, 2016

70

NOTICE of Motion by Andy Robert Norman for presentment of (Norman, Andy) (Entered: 05/13/2016)

May 13, 2016

May 13, 2016

71

MINUTE entry before the Honorable Thomas M. Durkin:Plaintiff's motion for extension of time to file its fee petition 69 is granted. Plaintiff's fee petition is due by 5/31/2016. Defendants' response is due 6/14/2016. Plaintiff's reply is due 6/28/2016. The Court will rule by mail. Mailed notice (srn, ) (Entered: 05/16/2016)

May 16, 2016

May 16, 2016

72

PETITION of Plaintiffs for Attorneys Fees, Costs and Expenses (Attachments: # 1 Exhibit Nos. 1−2, # 2 Exhibit Nos. 3−7)(White, Kevin) (Entered: 05/31/2016)

May 31, 2016

May 31, 2016

73

PETITION of Plaintiffs for Attorneys Fess Costs and Expenses [Corrected] (Attachments: # 1 Exhibit 1−2, # 2 3−7)(White, Kevin) (Entered: 06/02/2016)

June 2, 2016

June 2, 2016

74

RESPONSE by Defendants Seth D. Harris, Jacob J. Lew, Kathleen Sebelius to petition 73 (Attachments: # 1 Declaration of Michelle Bennett (with exhibits))(Bennett, Michelle) (Entered: 06/14/2016)

June 14, 2016

June 14, 2016

76

MOTION by Plaintiff Kevin E White for extension of time to file response/reply (Norman, Andy) (Entered: 06/28/2016)

June 28, 2016

June 28, 2016

77

MOTION by Plaintiff Kevin E White to amend/correct (Norman, Andy) (Entered: 06/28/2016)

June 28, 2016

June 28, 2016

78

AMENDED (Norman, Andy) (Entered: 06/28/2016)

June 28, 2016

June 28, 2016

79

MOTION by Plaintiff Kevin E White for extension of time to file response/reply PLAINTIFFS AMENDED UNCONTESTED MOTION TO EXTEND BY THREE DAYS TO JULY 1, 2016 THE TIME FOR FILING OF PLAINTIFFS REPLY IN SUPPORT OF THEIR FEE PETITION (Norman, Andy) (Entered: 06/29/2016)

June 29, 2016

June 29, 2016

80

NOTICE of Motion by Andy Robert Norman for presentment of motion for extension of time to file response/reply, 79 before Honorable Thomas M. Durkin on 7/5/2016 at 09:00 AM. (Norman, Andy) (Entered: 06/29/2016)

June 29, 2016

June 29, 2016

81

MINUTE entry before the Honorable Thomas M. Durkin:Plaintiffs' uncontested motion to extend by three days to July 1, 2016 the time for filing of plaintiffs' reply in support of their fee petition 76 79 is granted. Plaintiffs' reply is due by 7/1/2016. No appearance is required on 7/5/2016.Mailed notice (srn, ) (Entered: 06/30/2016)

June 30, 2016

June 30, 2016

82

REPLY by Plaintiff Kevin E White PLAINTIFFS REPLY IN SUPPORT OF PETITION FOR ATTORNEY'S FEES, COSTS AND EXPENSES (Attachments: # 1 Exhibit Exhibit 1 Time Box May 31, # 2 Exhibit Exhibit 3 TimeWhite20160601, # 3 Exhibit Exhibit 4 TimeWhite20160531, # 4 Exhibit Exhibit 2 KEWA Invoice 3)(Norman, Andy) (Entered: 07/01/2016)

July 1, 2016

July 1, 2016

83

NOTICE to Transmit Record on Appeal regarding notice of appeal, 55 ; USCA Case No. 15−3648 (bg, ) (Entered: 08/29/2016)

Aug. 26, 2016

Aug. 26, 2016

84

CERTIFIED and transmitted to the USCA for the 7th Circuit the long record on appeal 55 (USCA no. 15−3648). (smm) (Entered: 08/30/2016)

Aug. 30, 2016

Aug. 30, 2016

85

USCA RECEIVED on 8/30/16 the long record regarding notice of appeal 55 . (smm) (Entered: 08/31/2016)

Aug. 30, 2016

Aug. 30, 2016

86

MEMORANDUM Opinion and Order: The Court grants Ozinga's fee petition and awards Ozinga's counsel a total of$89,958.75 in fees. Signed by the Honorable Thomas M. Durkin on 5/22/2018:Mailed notice(srn, )

May 22, 2018

May 22, 2018

RECAP

Case Details

State / Territory: Illinois

Case Type(s):

Speech and Religious Freedom

Special Collection(s):

Contraception Insurance Mandate

Multi-LexSum (in sample)

Key Dates

Filing Date: March 1, 2013

Closing Date: 2017

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Corporation owned by Christians who want religious exemption from the ACA's contraception mandate.

Plaintiff Type(s):

Closely-held (for profit) corporation

Private Plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Department of Health and Human Services, Federal

Department of the Treasury, Federal

Department of Labor, 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):

Establishment Clause

Free Exercise Clause

Freedom of speech/association

Availably Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Non-settlement Outcome

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-basis:

Religion discrimination

Type of Facility:

Non-government for profit