Case: Louisiana College v. Sebelius

1:12-cv-00463 | U.S. District Court for the Western District of Louisiana

Filed Date: Feb. 18, 2012

Closed Date: 2019

Clearinghouse coding complete

Case Summary

On February 18, 2012, Louisiana College, a Christian university, filed this lawsuit in the U.S. District Court for the Western District of Louisiana against the Federal Government under the Religious Freedom Restoration Act (RFRA) and the Administrative Procedure Act (APA), claiming violations of these statutes and their First and Fifth Amendment rights. The plaintiffs, represented by private counsel, sought to enjoin enforcement of provisions of the Affordable Care Act (ACA) extending universa…

On February 18, 2012, Louisiana College, a Christian university, filed this lawsuit in the U.S. District Court for the Western District of Louisiana against the Federal Government under the Religious Freedom Restoration Act (RFRA) and the Administrative Procedure Act (APA), claiming violations of these statutes and their First and Fifth Amendment rights. 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. The plaintiffs contended that this mandatory contraception coverage violated their sincerely held religious beliefs.

On January 4, 2013, the District Court (Judge Dee D. Drell) stayed discovery of the case pending resolution of similar litigation throughout the country and legislative alterations to the contraception mandate. On March 26, 2013, the Court dismissed the case for a lack of ripeness, noting that appropriate amendments could be made after August 15, 2013.

On September 19, 2013, the plaintiffs filed a second amended complaint. Specifically, they contended that the amended ACA regulation continued to violate their free exercise rights by requiring them to provide a form to a third-party administrator who arranged payment for contraception, such that coverage would apply to employees as a direct consequence of their employment with the plaintiff.

On November 2, 2013, defendants moved to dismiss for failure to state a claim or for summary judgment. On November 18, 2013, the plaintiff filed a cross-motion for summary judgment. On August 14, 2014, the court denied defendant's motion to dismiss and granted in part plaintiff's cross-motion for summary judgment on the plaintiff's Religious Freedom and Restoration Act claim, dismissing the remainder of the plaintiff's claims as moot. The court held that regulations requiring the University to self-certify its eligibility for an accommodation from the mandate requiring employee health insurance coverage for contraceptives violated the Religious Freedom Restoration Act of 1993, since requiring the affirmative act of self-certification substantially burdened the University's sincerely held belief that life began at fertilization by facilitating the provision of such contraceptive services by its insurer. The court also determined that the self-certification mandate was not the least restrictive means to accomplish the government's interests, since a limited religious exemption or other alternatives would not undermine those interests.

The defendants appealed to the Fifth Circuit on October 8, 2014. On December 12, 2014, the Fifth Circuit granted defendants' motion to stay pending resolution of a number of related cases.

On November 4, 2016, the court issued a per curiam order materially identical to the order in Zubik v. Burwell. That order decreed that "the parties on remand should be afforded an opportunity to arrive at an approach going forward 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.” La Coll. v. Price, No. 14-31167 (5th Cir. Nov. 14, 2016) (included in documents).

The case sat essentially without action until January 5, 2018, at which point the defendants voluntarily dismissed their appeal. No reason was given for the inaction or dismissal but the court later theorized the delay was due to the pending litigation of other similar cases.

Following the dismissal of the defendant's appeal, on August 20, 2018, the plaintiffs filed two motions for both declaratory and injunctive relief. The plaintiffs cited concerns that as their previous motion for injunctive relief was voluntarily withdrawn, there was a possibility that the August 2014 ruling granting them relief under the RFRA could be opened up to additional litigation. As a result they requested a permanent injunction and declaration in line with the prior ruling on RFRA. Finally, the plaintiffs asked to bring a seven month out-of-time claim for attorney fees.

On March 13, 2019, the court denied all of the previous motions. The court ruled that they were mystified by the first two motions because the plaintiffs already possessed a favorable ruling and their motions only opened themselves up to further litigation that could yield a less than favorable result. The court found their previous judgement as final and any additional injunctions or declarations lacked justiciability. On the matter of a late claim for attorney fees, the court denied the claim as there was no excuse for the lateness beyond the plaintiff's own neglect.

There has been no further action on this case.

Summary Authors

Micah Telegen (3/2/2017)

Emma Lawton (11/25/2013)

Kate Craddock (2/29/2016)

Carter Powers Beggs (11/30/2019)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/5295622/parties/louisiana-college-v-sebelius/


Judge(s)

Dennis, James L. (Louisiana)

Drell, Dee D. (Louisiana)

Jones, Edith Hollan (Texas)

Kirk, James D. (Louisiana)

Smith, Jerry Edwin (Texas)

Attorneys(s) for Plaintiff

Aden, Steven H. (Virginia)

Baylor, Gregory S. (District of Columbia)

Bowman, Matthew S. (District of Columbia)

Cortman, David A. (Georgia)

Harle, Denise (Georgia)

Judge(s)

Dennis, James L. (Louisiana)

Drell, Dee D. (Louisiana)

Jones, Edith Hollan (Texas)

Kirk, James D. (Louisiana)

Smith, Jerry Edwin (Texas)

Attorneys(s) for Plaintiff

Aden, Steven H. (Virginia)

Baylor, Gregory S. (District of Columbia)

Bowman, Matthew S. (District of Columbia)

Cortman, David A. (Georgia)

Harle, Denise (Georgia)

Johnson, J. Michael (Louisiana)

Lewis, James C. (Louisiana)

Stanley, Erik William (Kansas)

Theriot, Kevin H. (Kansas)

Attorneys(s) for Defendant

Barbero, Megan (District of Columbia)

Bennett, Michelle Renee (District of Columbia)

Humphreys, Bradley Philip (District of Columbia)

Jed, Adam C. (District of Columbia)

Klein, Alisa B. (District of Columbia)

Salzman, Joshua Marc (District of Columbia)

Other Attorney(s)

Amiri, Brigitte A. (New York)

Harrison, Justin Paul (Louisiana)

Lee, Jennifer (New York)

Mach, Daniel (District of Columbia)

Documents in the Clearinghouse

Document

1:12-cv-00463

14-31167

Docket [PACER]

Louisiana College v. Hargan

U. S. Court of Appeals for the Fifth Circuit

Jan. 5, 2018

Jan. 5, 2018

Docket

1:12-cv-00463

Docket [PACER]

March 13, 2019

March 13, 2019

Docket
29

1:12-cv-00463

First Amended Complaint

June 11, 2012

June 11, 2012

Complaint
43

1:12-cv-00463

Judgment [dismissing defendants' motion to dismiss for lack of jurisdiction]

2012 WL 3061500, 2012 U.S.Dist.LEXIS 104609

July 26, 2012

July 26, 2012

Order/Opinion
68

1:12-cv-00463

Order [temporarily staying the case]

Jan. 4, 2013

Jan. 4, 2013

Order/Opinion
69

1:12-cv-00463

Order [granting defendants' motion to dismiss]

March 26, 2013

March 26, 2013

Order/Opinion
77

1:12-cv-00463

Second Amended Complaint

Sept. 19, 2013

Sept. 19, 2013

Complaint
106

1:12-cv-00463

Ruling

38 F.Supp.3d 766

Aug. 13, 2014

Aug. 13, 2014

Order/Opinion
108

1:12-cv-00463

Amended Judgment

Aug. 14, 2014

Aug. 14, 2014

Order/Opinion
00513757929

14-31167

Appellate Order

Louisiana College v. Burwell

U. S. Court of Appeals for the Fifth Circuit

Nov. 14, 2016

Nov. 14, 2016

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/5295622/louisiana-college-v-sebelius/

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

ECF Number Description Date Link Date / Link
1

COMPLAINT against Kathleen Sebelius, Hilda L Solis, Timothy Geithner, U S Dept of Health & Human Services, U S Dept of Labor and U S Dept of Treasury (Filing fee $350, receipt number 0536−1876104) filed by Louisiana College.(aty,Johnson, J) Modified on 2/22/2012 to edit text (Dauterive, C). (Entered: 02/18/2012)

Feb. 18, 2012

Feb. 18, 2012

34

REPORT AND RECOMMENDATIONS re 18 MOTION to Dismiss for Lack of Jurisdiction filed by U S Dept of Labor, Timothy Geithner, Kathleen Sebelius, Hilda L Solis, U S Dept of Health & Human Services, U S Dept of Treasury RECOMMENDING that the motion be DENIED as MOOT. IT IS FURTHER RECOMMENDED that defendants be allowed to file a motion to dismiss pertaining to the amended complaint, if warranted. Objections to R&R due by 7/23/2012. Signed by Magistrate Judge James D Kirk on 07/06/12. (crt,Burge, J)

1 Searchable Copy of Opinion

View on PACER

July 6, 2012

July 6, 2012

RECAP

CASE Assigned to Judge Dee D Drell and Magistrate Judge James D Kirk. (crt,Dauterive, C) (Entered: 02/23/2012)

Feb. 18, 2012

Feb. 18, 2012

43

JUDGMENT ADOPTING 34 Report and Recommendations; denying as MOOT 18 Motion to Dismiss for Lack of Jurisdiction. IT IS FURTHER ORDERED that defendants may file a motion to dismiss pertaining to the amended complaint if warranted. Signed by Judge Dee D Drell on 07/26/12. (crt,Guillot, M)

1 Searchable Copy of Opinion

View on PACER

July 26, 2012

July 26, 2012

RECAP
106

MEMORANDUM RULING re 81 MOTION to Dismiss For Failure to State a Claim, MOTION for Summary Judgment filed by U S Dept of Labor, Timothy Geithner, Kathleen Sebelius, Hilda L Solis, U S Dept of Health & Human Services, U S Dept of Treasury, 91 Cross MOTION for Summary Judgment filed by Louisiana College. Signed by Chief Judge Dee D Drell on 08/13/14. (crt,Burge, J)

1 Searchable Copy of Opinion

View on PACER

Aug. 13, 2014

Aug. 13, 2014

RECAP
2

MOTION for Erik William Stanley to Appear Pro Hac Vice (Admission fee: $25, receipt number 0536−1876198) by Louisiana College. (aty,Johnson, J) Modified on 2/23/2012 to reflect proposed order included within pdf of main document (Dauterive, C). (Entered: 02/20/2012)

Feb. 20, 2012

Feb. 20, 2012

3

MOTION for Kevin Hayden Theriot to Appear Pro Hac Vice (Admission fee: $25, receipt number 0536−1876205) by Louisiana College. (aty,Johnson, J) Modified on 2/23/2012 to reflect proposed order included within pdf of main document (Dauterive, C). (Entered: 02/20/2012)

Feb. 20, 2012

Feb. 20, 2012

116

Notice (Other)

Aug. 10, 2018

Aug. 10, 2018

PACER
117

Permanent Injunction

1 Memorandum / Brief in Support

View on PACER

2 Proposed order

View on PACER

Aug. 10, 2018

Aug. 10, 2018

PACER
4

CIVIL COVER SHEET by Louisiana College. (aty,Johnson, J) (Entered: 02/22/2012)

Feb. 22, 2012

Feb. 22, 2012

118

Notice of Deficiency

Aug. 10, 2018

Aug. 10, 2018

PACER
5

SUMMONS ISSUED as to U S Attorney, U S Attorney General, Kathleen Sebelius, Hilda L Solis, Timothy Geithner, U S Dept of Health & Human Services, U S Dept of Labor, U S Dept of Treasury (crt,Dauterive, C) (Entered: 02/23/2012)

Feb. 23, 2012

Feb. 23, 2012

119

Notice of Deficiency

Aug. 10, 2018

Aug. 10, 2018

PACER
7

ORDER granting 2 Motion to Appear Pro Hac Vice for appearance of Erik William Stanley for Louisiana College. Signed by Magistrate Judge James D Kirk on 2/24/2012. (crt,Dauterive, C) (Entered: 02/27/2012)

Feb. 24, 2012

Feb. 24, 2012

120

Substitute Attorney

1 Proposed order

View on PACER

Aug. 16, 2018

Aug. 16, 2018

PACER
8

ORDER granting 3 Motion to Appear Pro Hac Vice for appearance of Kevin Hayden Theriot for Louisiana College. Signed by Magistrate Judge James D Kirk on 2/24/2012. (crt,Dauterive, C) (Entered: 02/27/2012)

Feb. 24, 2012

Feb. 24, 2012

9

AFFIDAVIT of Service for all documents of record including Summons and Complaint served on Kathleen Sebelius on 03/13/2012, filed by Louisiana College. (aty,Johnson, J) (Entered: 04/13/2012)

April 13, 2012

April 13, 2012

121

Certificate of Consent/Opposition

Aug. 17, 2018

Aug. 17, 2018

PACER
10

AFFIDAVIT of Service for all documents of record including Summons and Complaint served on United States Department of Health & Human Services on 03/13/2012, filed by Louisiana College. (aty,Johnson, J) (Entered: 04/13/2012)

April 13, 2012

April 13, 2012

122

Order on Motion to Substitute Attorney

Aug. 20, 2018

Aug. 20, 2018

PACER
11

AFFIDAVIT of Service for all documents of record including Summons and Complaint served on United States Department of Labor on 03/21/2012, filed by Louisiana College. (aty,Johnson, J) (Entered: 04/13/2012)

April 13, 2012

April 13, 2012

123

Permanent Injunction

1 Memorandum / Brief

View on PACER

2 Proposed order

View on PACER

Aug. 20, 2018

Aug. 20, 2018

PACER
12

AFFIDAVIT of Service for all documents of record including Summons and Complaint served on Hilda L. Solis on 03/13/2012, filed by Louisiana College. (aty,Johnson, J) (Entered: 04/13/2012)

April 13, 2012

April 13, 2012

124

Notice of Motion Setting

Aug. 22, 2018

Aug. 22, 2018

PACER
13

(ELECTRONICALLY FILED IN ERROR) AFFIDAVIT of Service for all documents of record including Summons and Complaint served on United States Department of the Treasury on 03/13/2012, filed by Louisiana College. (aty,Johnson, J) Modified on 4/16/2012 to indicate "Electronically Filed in Error", counsel refiled as document 15 attaching correct pdf (Dauterive, C). (Entered: 04/13/2012)

April 13, 2012

April 13, 2012

125

Memorandum in Opposition to Motion

Sept. 13, 2018

Sept. 13, 2018

RECAP
126

Extension of Time to File Response/Reply to Motion

1 Proposed order

View on PACER

Sept. 18, 2018

Sept. 18, 2018

PACER
14

AFFIDAVIT of Service for all documents of record including Summons and Complaint served on Timothy Geithner on 03/13/2012, filed by Louisiana College. (aty,Johnson, J) (Entered: 04/13/2012)

April 13, 2012

April 13, 2012

15

AFFIDAVIT of Service for all documents of record including Summons and Complaint served on United States Department of the Treasury on 03/13/2012, filed by Louisiana College. (aty,Johnson, J) (Entered: 04/13/2012)

April 13, 2012

April 13, 2012

127

Order on Motion for Extension of Time to File Response/Reply

Sept. 19, 2018

Sept. 19, 2018

PACER
128

Extension of Time to File Response/Reply to Motion

1 Proposed order

View on PACER

Sept. 28, 2018

Sept. 28, 2018

PACER
16

SUMMONS Returned Executed by Louisiana College. U S Dept of Health & Human Services; U S Dept of Labor; U S Dept of Treasury served on 3/13/2012 through the the U S Attorney and the U S Attorney General, answer due 5/14/2012. (aty,Johnson, J) Modified on 4/17/2012 to edit text (Dauterive, C). (Entered: 04/16/2012)

April 16, 2012

April 16, 2012

17

NOTICE of Appearance by Bradley Philip Humphreys on behalf of Timothy Geithner, U S Dept of Health & Human Services, U S Dept of Labor, Kathleen Sebelius, Hilda L Solis, U S Dept of Treasury (aty,Humphreys, Bradley) (Entered: 05/11/2012)

May 11, 2012

May 11, 2012

129

Order on Motion for Extension of Time to File Response/Reply

Oct. 1, 2018

Oct. 1, 2018

PACER
18

MOTION to Dismiss for Lack of Jurisdiction by Timothy Geithner, U S Dept of Health & Human Services, U S Dept of Labor, Kathleen Sebelius, Hilda L Solis, U S Dept of Treasury. Motions referred to James D Kirk. (Attachments: # 1 Memorandum / Brief)(aty,Humphreys, Bradley) (Entered: 05/11/2012)

May 11, 2012

May 11, 2012

130

Reply to Response to Motion

Oct. 11, 2018

Oct. 11, 2018

RECAP
19

MOTION for David A. Cortman to Appear Pro Hac Vice ( Admission fee: $25, receipt number 0536−1949512) by Louisiana College. Motions referred to James D Kirk. (aty,Johnson, J) Modified on 5/17/2012 to reflect proposed order included within pdf of main document (Dauterive, C). (Entered: 05/16/2012)

May 16, 2012

May 16, 2012

20

NOTICE of Motion Setting regarding 18 MOTION to Dismiss for Lack of Jurisdiction. Motions referred to James D Kirk. (crt,Dauterive, C) (Entered: 05/17/2012)

May 17, 2012

May 17, 2012

21

ORDER granting 19 Motion to Appear Pro Hac Vice for appearance of David A Cortman for Louisiana College. Signed by Magistrate Judge James D Kirk on 5/18/2012. (crt,Dauterive, C) (Entered: 05/18/2012)

May 18, 2012

May 18, 2012

23

PROPOSED Plan of Work by Louisiana College, Timothy Geithner, U S Dept of Health & Human Services, U S Dept of Labor, Kathleen Sebelius, Hilda L Solis and U S Dept of Treasury. (Attachments: # 1 Text of proposed order Proposed order)(aty,Theriot, Kevin) Modified on 6/4/2012 to add filers (Dauterive, C). (Entered: 06/01/2012)

June 1, 2012

June 1, 2012

24

Unopposed MOTION for Extension of Time to Amend 1 Complaint, and to oppose Motion to Dismiss with consent by Louisiana College. Motions referred to James D Kirk. (Attachments: # 1 Text of proposed order)(aty,Theriot, Kevin) (Entered: 06/01/2012)

June 1, 2012

June 1, 2012

24

MOTION for Extension of Time to File Response/Reply as to 18 MOTION to Dismiss for Lack of Jurisdiction, MOTION to Continue Rule 16 Scheduling Conference with consent by Louisiana College. ADMINISTRATIVE ENTRY as 24 Motion for Extension of Time to Amend Complaint electronically filed without selecting all reliefs requested within the pleading. (crt,Dauterive, C) Modified on 6/4/2012 to assign document number (Dauterive, C). (Entered: 06/04/2012)

June 1, 2012

June 1, 2012

Motions Transferred regarding 24 Unopposed MOTION for Extension of Time to Amend 1 Complaint, MOTION for Extension of Time to File Response/Reply as to 18 MOTION to Dismiss for Lack of Jurisdiction and MOTION to Continue Rule 16 Scheduling Conference with consent. Motions referred to Dee D Drell. (crt,Dauterive, C) (Entered: 06/04/2012)

June 1, 2012

June 1, 2012

25

ORDER granting 24 Motion for Extension of Time to File Response/Reply re 18 MOTION to Dismiss for Lack of Jurisdiction ( Responses due by 6/11/2012); granting 24 Motion to Continue Rule 16 Conference. The Rule 16 Conference is reset for 7/17/2012 11:00 AM before Judge Dee D Drell. Signed by Judge Dee D Drell on 6/4/12. (crt,Roaix, G) (Entered: 06/04/2012)

June 4, 2012

June 4, 2012

26

MOTION for Steven H. Aden to Appear Pro Hac Vice ( Admission fee: $25, receipt number 0536−1968444) by Louisiana College. Motions referred to James D Kirk. (aty,Johnson, J) (Entered: 06/06/2012)

June 6, 2012

June 6, 2012

27

MOTION for Matthew S. Bowman to Appear Pro Hac Vice ( Admission fee: $25, receipt number 0536−1969164) by Louisiana College. Motions referred to James D Kirk. (aty,Johnson, J) (Entered: 06/07/2012)

June 7, 2012

June 7, 2012

28

ORDER granting 26 Motion to Appear Pro Hac Vice for appearance of Steven H Aden for Louisiana College. Signed by Magistrate Judge James D Kirk on 6/7/2012. (crt,Keifer, K) (Entered: 06/11/2012)

June 11, 2012

June 11, 2012

29

AMENDED COMPLAINT against All Defendants filed by Louisiana College.(aty,Theriot, Kevin) (Entered: 06/11/2012)

June 11, 2012

June 11, 2012

30

RESPONSE to Motion re 18 MOTION to Dismiss for Lack of Jurisdiction filed by Louisiana College. (aty,Theriot, Kevin) (Entered: 06/11/2012)

June 11, 2012

June 11, 2012

31

ORDER granting 27 Motion to Appear Pro Hac Vice for appearance of Matthew S Bowman for Louisiana College. Signed by Magistrate Judge James D Kirk on 6/8/2012. (crt,Dauterive, C) (Entered: 06/13/2012)

June 12, 2012

June 12, 2012

32

First MOTION for Extension of Time to File Answer re 29 Amended Complaint with consent by Timothy Geithner, U S Dept of Health & Human Services, U S Dept of Labor, Kathleen Sebelius, Hilda L Solis, U S Dept of Treasury. Motions referred to James D Kirk. (Attachments: # 1 Proposed order)(aty,Humphreys, Bradley) (Entered: 06/13/2012)

June 13, 2012

June 13, 2012

33

ORDER granting 32 Motion for Extension of Time to Answer re 29 Amended Complaint: Timothy Geithner answer due 7/9/2012; U S Dept of Health & Human Services answer due 7/9/2012; U S Dept of Labor answer due 7/9/2012; Kathleen Sebelius answer due 7/9/2012; Hilda L Solis answer due 7/9/2012; U S Dept of Treasury answer due 7/9/2012. Signed by Magistrate Judge James D Kirk on 6/14/2012. (crt,Dauterive, C) (Entered: 06/15/2012)

June 15, 2012

June 15, 2012

35

MOTION to Dismiss for Lack of Jurisdiction Plaintiff's First Amended Complaint by Timothy Geithner, U S Dept of Health & Human Services, U S Dept of Labor, Kathleen Sebelius, Hilda L Solis, U S Dept of Treasury. Motions referred to James D Kirk. (Attachments: # 1 Memorandum / Brief)(aty,Humphreys, Bradley) (Entered: 07/09/2012)

July 9, 2012

July 9, 2012

36

NOTICE of Motion Setting regarding 35 MOTION to Dismiss for Lack of Jurisdiction Plaintiff's First Amended Complaint . Motions referred to James D Kirk. (crt,Dauterive, C) (Entered: 07/10/2012)

July 10, 2012

July 10, 2012

37

MOTION to Stay Discovery Pending Resolution of Motion to Dismiss by Timothy Geithner, U S Dept of Health & Human Services, U S Dept of Labor, Kathleen Sebelius, Hilda L Solis, U S Dept of Treasury. Motions referred to James D Kirk. (Attachments: # 1 Proposed order)(aty,Humphreys, Bradley) (Entered: 07/10/2012)

July 10, 2012

July 10, 2012

38

NOTICE of Motion Setting regarding 37 MOTION to Stay Discovery Pending Resolution of Motion to Dismiss . Motions referred to James D Kirk. (crt,Burge, J) (Main Document 38 replaced on 7/13/2012 to delete reference to LR 7.5 regarding the response deadline) (Burge, J). Modified on 7/13/2012 and regenerated nef (Burge, J). (Entered: 07/13/2012)

July 13, 2012

July 13, 2012

40

MINUTES (TEXT ONLY ENTRY − NO PDF ATTACHED) for proceedings held before Judge Dee D Drell: STATUS CONFERENCE held on 7/17/2012. (crt,Roaix, G) (Entered: 07/18/2012)

July 17, 2012

July 17, 2012

39

MOTION for Gregory Scott Baylor to Appear Pro Hac Vice ( Admission fee: $25, receipt number 0536−2002197) by Louisiana College. Motions referred to James D Kirk. (aty,Johnson, J) Modified on 7/19/2012 to indicate Proposed Order and Certificate of Good Standing included within pdf of main document (Dauterive, C). (Entered: 07/18/2012)

July 18, 2012

July 18, 2012

41

MINUTE ENTRY: Set Deadlines/Hearing as to 35 MOTION to Dismiss for Lack of Jurisdiction Plaintiff's First Amended Complaint , 37 MOTION to Stay Discovery Pending Resolution of Motion to Dismiss . Responses due by 8/10/2012, Replies due by 8/24/2012. Defendants shall produce a list of similar pending cases in other districts, including docket numbers, within 30 days. Signed by Judge Dee D Drell on 7/18/2012. (crt,Dauterive, C) (Entered: 07/18/2012)

July 18, 2012

July 18, 2012

42

ORDER granting 39 Motion to Appear Pro Hac Vice for appearance of Gregory Scott Baylor for Louisiana College. Signed by Magistrate Judge James D Kirk on 7/19/2012. (crt,Dauterive, C) (Entered: 07/19/2012)

July 19, 2012

July 19, 2012

44

NOTICE by Timothy Geithner, U S Dept of Health & Human Services, U S Dept of Labor, Kathleen Sebelius, Hilda L Solis, U S Dept of Treasury of pending challenges to the preventive services coverage regulations re 41 Minute Entry (aty,Humphreys, Bradley) Modified on 8/9/2012 to create docket entry relationship with 41 Minute Entry (Whidden, C). (Entered: 08/07/2012)

Aug. 7, 2012

Aug. 7, 2012

45

DEFICIENT MEMORANDUM in Opposition re 35 MOTION to Dismiss for Lack of Jurisdiction Plaintiff's First Amended Complaint filed by Louisiana College. (aty,Bowman, Matthew) Modified on 8/13/2012 to reflect deficient status (Keifer, K). Modified on 8/14/2012 to remove ?; memorandum refiled as 48 (Keifer, K). (Entered: 08/10/2012)

Aug. 10, 2012

Aug. 10, 2012

47

NOTICE of Deficiency to Matthew S Bowman on behalf of Louisiana College regarding 46 Memorandum in Opposition to Motion, 45 Memorandum in Opposition to Motion. Reason: For attorneys admitted pro hac vice, signature or endorsement of local counsel is required. (crt,Keifer, K) (Entered: 08/13/2012)

Aug. 13, 2012

Aug. 13, 2012

48

MEMORANDUM in Opposition re 35 MOTION to Dismiss for Lack of Jurisdiction Plaintiff's First Amended Complaint filed by Louisiana College. (aty,Johnson, J) (Entered: 08/13/2012)

Aug. 13, 2012

Aug. 13, 2012

49

MEMORANDUM in Opposition re 37 MOTION to Stay Discovery Pending Resolution of Motion to Dismiss filed by Louisiana College. (aty,Johnson, J) (Entered: 08/13/2012)

Aug. 13, 2012

Aug. 13, 2012

50

REPLY to Response to Motion re 35 MOTION to Dismiss for Lack of Jurisdiction Plaintiff's First Amended Complaint filed by Timothy Geithner, U S Dept of Health & Human Services, U S Dept of Labor, Kathleen Sebelius, Hilda L Solis, U S Dept of Treasury. (aty,Humphreys, Bradley) (Entered: 08/24/2012)

Aug. 24, 2012

Aug. 24, 2012

51

REPLY to Response to Motion re 37 MOTION to Stay Discovery Pending Resolution of Motion to Dismiss filed by Timothy Geithner, U S Dept of Health & Human Services, U S Dept of Labor, Kathleen Sebelius, Hilda L Solis, U S Dept of Treasury. (aty,Humphreys, Bradley) (Entered: 08/24/2012)

Aug. 24, 2012

Aug. 24, 2012

52

NOTICE by Timothy Geithner, U S Dept of Health & Human Services, U S Dept of Labor, Kathleen Sebelius, Hilda L Solis, U S Dept of Treasury of Supplemental Authority re 37 MOTION to Stay Discovery Pending Resolution of Motion to Dismiss , 35 MOTION to Dismiss for Lack of Jurisdiction Plaintiff's First Amended Complaint (aty,Humphreys, Bradley) (Entered: 08/27/2012)

Aug. 27, 2012

Aug. 27, 2012

53

MOTION for Leave to File Sur−Reply re 35 Motion to Dismiss, 37 Motion to Stay Discovery with opposition by Louisiana College. (Attachments: # 1 Proposed order)(aty,Johnson, J) Modified on 8/29/2012 to create link to proper pleadings. (Putch, A) (Entered: 08/28/2012)

Aug. 28, 2012

Aug. 28, 2012

Motions Transferred regarding 53 MOTION for Leave to File Sur−Reply with opposition . Motions referred to James D Kirk. (crt,Putch, A) (Entered: 08/29/2012)

Aug. 28, 2012

Aug. 28, 2012

54

RESPONSE to Motion re 53 MOTION for Leave to File Sur−Reply with opposition filed by Timothy Geithner, U S Dept of Health & Human Services, U S Dept of Labor, Kathleen Sebelius, Hilda L Solis, U S Dept of Treasury. (aty,Humphreys, Bradley) (Entered: 08/29/2012)

Aug. 29, 2012

Aug. 29, 2012

55

REPLY to Response to Motion re 53 MOTION for Leave to File Sur−Reply with opposition filed by Louisiana College. (aty,Johnson, J) (Entered: 08/31/2012)

Aug. 31, 2012

Aug. 31, 2012

56

ORDER granting 53 Motion for Leave to File Sur−Reply re 35 Motion to Dismiss and 37 Motion to Stay Discovery. Sur−Reply due on or before September 5, 2012. Signed by Magistrate Judge James D Kirk on 08/31/12. (crt,Burge, J) (Entered: 08/31/2012)

Aug. 31, 2012

Aug. 31, 2012

Set/Reset Deadlines: Compliance Deadline set for 9/5/2012 for Sur−Replies re 35 Motion to Dismiss, 37 Motion to Stay Discovery. (crt,Burge, J) (Entered: 08/31/2012)

Aug. 31, 2012

Aug. 31, 2012

57

SUR−REPLY in Opposition re 37 MOTION to Stay Discovery Pending Resolution of Motion to Dismiss , 35 MOTION to Dismiss for Lack of Jurisdiction Plaintiff's First Amended Complaint filed by Louisiana College. (aty,Johnson, J) Modified on 9/7/2012 to edit text to more accurately identify document (Dauterive, C). (Entered: 09/05/2012)

Sept. 5, 2012

Sept. 5, 2012

58

MOTION for Leave to File Sur−Sur Reply with opposition by Timothy Geithner, U S Dept of Health & Human Services, U S Dept of Labor, Kathleen Sebelius, Hilda L Solis, U S Dept of Treasury. (Attachments: # 1 Proposed order)(aty,Humphreys, Bradley) (Entered: 09/07/2012)

Sept. 7, 2012

Sept. 7, 2012

Motions Transferred regarding 58 MOTION for Leave to File Sur−Sur Reply with opposition. Motions referred to James D Kirk. (crt,Dauterive, C) (Entered:

Sept. 7, 2012

Sept. 7, 2012

60

NOTICE of Supplemental Authority by Timothy Geithner, U S Dept of Health & Human Services, U S Dept of Labor, Kathleen Sebelius, Hilda L Solis, U S Dept of Treasury re 37 MOTION to Stay Discovery Pending Resolution of Motion to Dismiss , 35 MOTION to Dismiss for Lack of Jurisdiction Plaintiff's First Amended Complaint (Attachments: # 1 Exhibit A − Legatus v. Sebelius)(aty,Humphreys, Bradley) Modified on 11/8/2012 to edit text (Dauterive, C). (Entered: 11/08/2012)

Nov. 8, 2012

Nov. 8, 2012

61

NOTICE of Supplemental Authority by Timothy Geithner, U S Dept of Health & Human Services, U S Dept of Labor, Kathleen Sebelius, Hilda L Solis, U S Dept of Treasury re 37 MOTION to Stay Discovery Pending Resolution of Motion to Dismiss , 35 MOTION to Dismiss for Lack of Jurisdiction Plaintiff's First Amended Complaint (Attachments: # 1 Exhibit Catholic Diocese of Nashville v. Sebelius)(aty,Humphreys, Bradley) Modified on 11/27/2012 to edit text (Dauterive, C). (Entered: 11/26/2012)

Nov. 26, 2012

Nov. 26, 2012

62

NOTICE by Timothy Geithner, U S Dept of Health & Human Services, U S Dept of Labor, Kathleen Sebelius, Hilda L Solis, U S Dept of Treasury of Supplemental Authority re 37 MOTION to Stay Discovery Pending Resolution of Motion to Dismiss , 35 MOTION to Dismiss for Lack of Jurisdiction Plaintiff's First Amended Complaint (Attachments: # 1 Exhibit Zubik v. Sebelius)(aty,Humphreys, Bradley) (Entered: 11/28/2012)

Nov. 28, 2012

Nov. 28, 2012

63

MINUTE ENTRY: Telephone conference set for 1/4/2013 at 11:00 AM before Magistrate Judge James D Kirk. Plaintiff's counsel instructed to initiate conference call. Signed by Magistrate Judge James D Kirk on 11/29/12. (crt,Burge, J) (Entered: 11/29/2012)

Nov. 29, 2012

Nov. 29, 2012

64

NOTICE of Supplemental Authority by Louisiana College (aty,Johnson, J) Modified on 12/12/2012 to edit text (Dauterive, C). (Entered: 12/10/2012)

Dec. 10, 2012

Dec. 10, 2012

65

NOTICE by Timothy Geithner, U S Dept of Health & Human Services, U S Dept of Labor, Kathleen Sebelius, Hilda L Solis, U S Dept of Treasury of Supplemental Authority, Response re 64 Notice (Other) (aty,Humphreys, Bradley) (Entered: 12/17/2012)

Dec. 17, 2012

Dec. 17, 2012

66

NOTICE by Timothy Geithner, U S Dept of Health & Human Services, U S Dept of Labor, Kathleen Sebelius, Hilda L Solis, U S Dept of Treasury of Supplemental Authority re 37 MOTION to Stay Discovery Pending Resolution of Motion to Dismiss , 35 MOTION to Dismiss for Lack of Jurisdiction Plaintiff's First Amended Complaint (Attachments: # 1 Exhibit Wheaton College v. Sebelius − D.C. Cir., # 2 Exhibit Catholic Diocese of Biloxi v. Sebelius − S.D. Miss.)(aty,Humphreys, Bradley) (Entered: 12/28/2012)

Dec. 28, 2012

Dec. 28, 2012

67

MINUTES for proceedings held before Magistrate Judge James D Kirk: TELEPHONE CONFERENCE held on 1/4/2013. The parties and court discussed the status of the new regulations and of other pending litigation involving these same issues. The Court was advised that the regulations will be published for comment during the first quarter of this year and should be finally promulgated by August 2013. Plaintiff orally moved for a stay of these proceedings pending developments on both fronts. The District Judge will consider an Order for a stay of proceedings. (jud,Kirk, James) (Entered: 01/04/2013)

Jan. 4, 2013

Jan. 4, 2013

68

ORDER STAYING CASE. IT IS ORDERED that this case is STAYED until 8/15/2013 at which time the Government is ORDERED to provide this court with as status report as to the regulations and other relevant then pending litigation. Signed by Chief Judge Dee D Drell on 1/4/13. (crt,Kennedy, T) (Entered: 01/04/2013)

Jan. 4, 2013

Jan. 4, 2013

69

ORDER dismissing without prejudice 35 Motion to Dismiss for Lack of Jurisdiction; dismissing without prejudice 37 Motion to Stay. Signed by Chief Judge Dee D Drell on 3/26/13. (crt,Roaix, G) (Entered: 03/26/2013)

March 26, 2013

March 26, 2013

70

STATUS REPORT by Timothy Geithner, U S Dept of Health & Human Services, U S Dept of Labor, Kathleen Sebelius, Hilda L Solis, U S Dept of Treasury. (aty,Humphreys, Bradley) (Entered: 08/15/2013)

Aug. 15, 2013

Aug. 15, 2013

72

MINUTES for proceedings held before Chief Judge Dee D Drell: TELEPHONE CONFERENCE held on 9/10/2013. (crt,Guillot, M) (Entered: 09/10/2013)

Sept. 10, 2013

Sept. 10, 2013

73

NOTICE by Timothy Geithner, U S Dept of Health & Human Services, U S Dept of Labor, Kathleen Sebelius, Hilda L Solis, U S Dept of Treasury and Louisiana College of Proposed Briefing Schedule upon agreement of the parties (Attachments: # 1 Proposed order)(aty,Humphreys, Bradley) Modified on 9/12/2013 to add filer (Dauterive, C). (Entered: 09/12/2013)

Sept. 12, 2013

Sept. 12, 2013

74

Joint MOTION for Leave to File Documents in Excess of Page Limits with consent by Timothy Geithner, U S Dept of Health & Human Services, U S Dept of Labor, Kathleen Sebelius, Hilda L Solis, U S Dept of Treasury and Louisiana College. (Attachments: # 1 Proposed order)(aty,Humphreys, Bradley) Modified on 9/12/2013 to add filer (Dauterive, C). (Entered: 09/12/2013)

Sept. 12, 2013

Sept. 12, 2013

75

ORDER SETTING BRIEFING SCHEDULING. Signed by Chief Judge Dee D Drell on 9/12/2013. (crt,Dauterive, C) (Entered: 09/16/2013)

Sept. 13, 2013

Sept. 13, 2013

76

ORDER granting 74 Motion for Leave to File Documents in Excess of Page Limits re 75 ORDER SETTING BRIEFING SCHEDULING. Signed by Chief Judge Dee D Drell on 9/12/2013. (crt,Dauterive, C) (Entered: 09/16/2013)

Sept. 13, 2013

Sept. 13, 2013

77

SECOND AMENDED COMPLAINT against All Defendants filed by Louisiana College.(aty,Baylor, Gregory) Modified on 9/24/2013 to edit text (Dauterive, C). (Entered: 09/19/2013)

Sept. 19, 2013

Sept. 19, 2013

78

Ex Parte MOTION to Stay Briefing in Light of Lapse of Appropriations by Timothy Geithner, U S Dept of Health & Human Services, U S Dept of Labor, Kathleen Sebelius, Hilda L Solis, U S Dept of Treasury. Motions referred to James D Kirk. (Attachments: # 1 Proposed order)(aty,Humphreys, Bradley) (Entered: 10/01/2013)

Oct. 1, 2013

Oct. 1, 2013

Motions Transferred regarding 78 Ex Parte MOTION to Stay Briefing in Light of Lapse of Appropriations . Motions referred to Dee D Drell. (crt,Dauterive, C) (Entered: 10/01/2013)

Oct. 1, 2013

Oct. 1, 2013

79

ORDER granting 78 Motion to Stay. IT IS ORDERED that any and all deadlines in the captioned matter are continued for thirty (30) days. Signed by Chief Judge Dee D Drell on 10/2/13. (crt,Roaix, G) (Entered: 10/03/2013)

Oct. 3, 2013

Oct. 3, 2013

80

ORDER IT IS ORDERED that Plaintiff is given until December 2, 2013 to filed any motion for injunctive relief. Responsive brief should be submitted in accordance with the standard rule of this Court. Signed by Chief Judge Dee D Drell on 10/31/13. (crt,Roaix, G) (Entered: 10/31/2013)

Oct. 31, 2013

Oct. 31, 2013

81

MOTION to Dismiss For Failure to State a Claim, or in the Alternative, MOTION for Summary Judgment by Timothy Geithner, U S Dept of Health & Human Services, U S Dept of Labor, Kathleen Sebelius, Hilda L Solis, U S Dept of Treasury. Motions referred to James D Kirk. (Attachments: # 1 Memorandum / Brief, # 2 Statement of material facts)(aty,Humphreys, Bradley). Added MOTION for Summary Judgment on 11/4/2013 (Dauterive, C). Modified on 11/4/2013 to edit text (Dauterive, C). (Entered: 11/02/2013)

Nov. 2, 2013

Nov. 2, 2013

82

NOTICE of Motion Setting without oral argument regarding 81 MOTION to Dismiss For Failure to State a Claim, alternative, MOTION for Summary Judgment. Motions referred to Dee D Drell. Motion day set for 12/13/2013 before Chief Judge Dee D Drell. (crt,Dauterive, C) (Entered: 11/04/2013)

Nov. 4, 2013

Nov. 4, 2013

Case Details

State / Territory: Louisiana

Case Type(s):

Speech and Religious Freedom

Special Collection(s):

Contraception Insurance Mandate

Multi-LexSum (in sample)

Key Dates

Filing Date: Feb. 18, 2012

Closing Date: 2019

Case Ongoing: No

Plaintiffs

Plaintiff Description:

A Christian institution of higher learning in Louisiana that opposes the use of contraception on religious grounds.

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), 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

Form of Settlement:

Voluntary Dismissal

Issues

General:

Contraception

Religious programs / policies

Discrimination-basis:

Religion discrimination