Case: Colorado Christian University v. Sebelius

1:11-cv-03350 | U.S. District Court for the District of Colorado

Filed Date: Dec. 22, 2011

Closed Date: 2013

Clearinghouse coding complete

Case Summary

On December 22, 2011, a Christian liberal arts college filed a lawsuit in the U.S. District Court for the District of Colorado under the First Amendment, the Religious Freedom Restoration Act ("RFRA"), and the Administrative Procedures Act ("APA"), against the U.S. Departments of Health and Human Services, Labor, and the Treasury. The plaintiff, represented by in-house counsel and the Becket Fund for Religious Liberty, asked the court for both declaratory and injunctive relief, alleging that f…

On December 22, 2011, a Christian liberal arts college filed a lawsuit in the U.S. District Court for the District of Colorado under the First Amendment, the Religious Freedom Restoration Act ("RFRA"), and the Administrative Procedures Act ("APA"), against the U.S. Departments of Health and Human Services, Labor, and the Treasury. The plaintiff, represented by in-house counsel and the Becket Fund for Religious Liberty, asked the court for both declaratory and injunctive relief, alleging that federal rules adopted pursuant to the 2010 Patient Protection and Affordable Care Act ("ACA") violated its religious freedom by requiring it to provide coverage for contraception through its group health insurance plan. Specifically, the plaintiff objected to the ACA rules requiring it to provide coverage for emergency contraception, which the plaintiff considered an abortifacient. The plaintiff did not object to other forms of contraception. Claiming that providing coverage for emergency contraception would both contravene its Christian faith and compel speech contrary to its beliefs, the plaintiff sought an exemption from the ACA's contraception mandate for itself and other institutions with similar religious objections.

On February 27, 2012, the defendant Departments moved to dismiss the case for lack of jurisdiction. The U.S. argued that the plaintiff could not claim any imminent harm because the plaintiff qualified for the enforcement "safe harbor" period extending until January 1, 2014, and because the U.S. was in the process of amending the contraceptive coverage regulations to accommodate the objections of religious institutions like the plaintiff.

The plaintiff filed an amended complaint on March 22, 2012. The amendments expanded on the plaintiff's objections to providing emergency contraception and claimed that the plaintiff would be subject to federal enforcement action no later than July 1, 2014, even given the "safe harbor" period and anticipated amendments. That same day, the plaintiff also filed an opposition to the U.S. motion to dismiss, arguing that it faced imminent harm despite the safe harbor period and anticipated amendments.

On April 9, 2012, the U.S. moved to dismiss the amended complaint for lack of jurisdiction, arguing as before that the safe harbor period and anticipated amendments prevented the plaintiff from alleging any imminent harm. The plaintiff opposed this motion on the same grounds as the first motion to dismiss.

On January 7, 2013, the District Court (Judge Christine M. Arguello) granted the U.S. motion to dismiss. Judge Arguello found that, in light of the government's efforts to address the plaintiff's concerns via the safe harbor period and the anticipated amendments, the plaintiff had not alleged a concrete and imminent harm, and that as a result the plaintiff's claim was not yet ripe for review. Judge Arguello declined to reach the question of the plaintiff's standing. Colorado Christian University v. Sebelius, 2013 WL 93188 (D. Colo. January 07, 2013). The next day, the District Court issued a final judgment dismissing the case in its entirety.

Summary Authors

Hannah Swanson (4/15/2013)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/5257736/parties/colorado-christian-university-v-sebelius/


Judge(s)

Arguello, Christine M. (Colorado)

Boland, Boyd N. (Colorado)

Attorney for Plaintiff

Baxter, Eric S. (District of Columbia)

Rassbach, Eric C (District of Columbia)

Attorney for Defendant

Bennett, Michelle Renee (District of Columbia)

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Documents in the Clearinghouse

Document

1:11-cv-03350

Docket

Jan. 8, 2013

Jan. 8, 2013

Docket
1

1:11-cv-03350

Complaint

Dec. 22, 2011

Dec. 22, 2011

Complaint
26

1:11-cv-03350

First Amended Complaint

March 22, 2012

March 22, 2012

Complaint
33

1:11-cv-03350

Order Denying as Untimely Defendants' Objections to Magistrate Judge's Ruling

April 30, 2012

April 30, 2012

Order/Opinion
43

1:11-cv-03350

Minute Order

Aug. 6, 2012

Aug. 6, 2012

Order/Opinion
59

1:11-cv-03350

Order

Aug. 31, 2012

Aug. 31, 2012

Order/Opinion
62

1:11-cv-03350

Transcript

Sept. 14, 2012

Sept. 14, 2012

Transcript
81

1:11-cv-03350

Order Granting Defendants' Motion to Dismiss for Lack of Jurisdiction

Jan. 7, 2013

Jan. 7, 2013

Order/Opinion

2013 WL 93188

82

1:11-cv-03350

Final Judgment

Jan. 8, 2013

Jan. 8, 2013

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/5257736/colorado-christian-university-v-sebelius/

Last updated April 20, 2025, 10:44 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against 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 (Filing fee $ 350, Receipt Number 44131) Summons Not Issued, filed by Colorado Christian University. (Attachments: # 1 Civil Cover Sheet, # 2 Receipt)(lyg, ) Modified on 12/23/2011 to indicate summons did not issue (lyg, ). (Entered: 12/23/2011)

1 Civil Cover Sheet

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2 Receipt

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Dec. 22, 2011

Dec. 22, 2011

PACER
2

(CORPORATE) DISCLOSURE STATEMENT, by Plaintiff Colorado Christian University. (lyg, ) (Entered: 12/23/2011)

Dec. 22, 2011

Dec. 22, 2011

PACER
3

NOTICE OF Related Cases, by Plaintiff Colorado Christian University. (lyg, ) (Entered: 12/23/2011)

Dec. 22, 2011

Dec. 22, 2011

PACER
4

ORDER REFERRING CASE to Magistrate Judge Boyd N. Boland. Magistrate Judge Boland is designated to conduct NDISPO proceedings pursuant to 28 U.S.C. § 636(b)(1)(A) and (B) and Fed.R.Civ.P. 72(a) and (b). ALSO ORDERED that unless service has otherwise been completed or arranged, [Plaintiffs counsel is directed to effect service of the summons and complaint pursuant to Rule 4 of the Federal Rules of Civil Procedure no later than 1/27/12 in order for the initial scheduling conference to be held promptly. The parties should expect to be given a firm trial setting that is 60 to 120 days from the date of the final pretrial conference, and should be available for trial accordingly. SO ORDERED by Judge Christine M. Arguello on 12/27/11. Text Only Entry (cmacd ) (Entered: 12/27/2011)

Dec. 27, 2011

Dec. 27, 2011

PACER
5

ORDER Scheduling Conference set for 2/29/2012 at 02:00 PM in Courtroom A 401 before Magistrate Judge Boyd N. Boland. By Magistrate Judge Boyd N. Boland on 1/6/12. (cmacd ) Modified on 1/9/2012 to fix hearing date(cmacd ). (Entered: 01/06/2012)

Jan. 6, 2012

Jan. 6, 2012

RECAP
6

Utility Setting/Resetting Deadlines/Hearings: Text Only Entry Scheduling Conference set for 2/29/2012 at 02:00 PM in Courtroom A 401 before Magistrate Judge Boyd N. Boland. See Doc. 5. (cmacd) (Entered: 01/09/2012)

Jan. 6, 2012

Jan. 6, 2012

PACER
7

SUMMONS Returned Executed upon defendant(s) Kathleen Sebelius served on 1/3/2012, answer due 3/5/2012. (Rassbach, Eric) (Entered: 01/13/2012)

Jan. 13, 2012

Jan. 13, 2012

PACER
8

SUMMONS Returned Executed upon defendant(s) United States Department of Health and Human Services served on 1/3/2012, answer due 3/5/2012. (Rassbach, Eric) (Entered: 01/13/2012)

Jan. 13, 2012

Jan. 13, 2012

PACER
9

SUMMONS Returned Executed upon defendant(s) Hilda Solis served on 12/30/2011, answer due 2/28/2012. (Rassbach, Eric) (Entered: 01/13/2012)

Jan. 13, 2012

Jan. 13, 2012

PACER
10

SUMMONS Returned Executed upon defendant(s) United States Department of Labor served on 12/30/2011, answer due 2/28/2012. (Rassbach, Eric) (Entered: 01/13/2012)

Jan. 13, 2012

Jan. 13, 2012

PACER
11

SUMMONS Returned Executed upon defendant(s) Timothy Geithner served on 12/30/2011, answer due 2/28/2012. (Rassbach, Eric) (Entered: 01/13/2012)

Jan. 13, 2012

Jan. 13, 2012

PACER
12

SUMMONS Returned Executed upon defendant(s) United States Department of the Treasury served on 12/30/2011, answer due 2/28/2012. (Rassbach, Eric) (Entered: 01/13/2012)

Jan. 13, 2012

Jan. 13, 2012

PACER
13

AFFIDAVIT/RETURN of Service of Copies of summonses, complaint, disclosure statement, and notice of related cases upon Civil Process Clerk, U.S. Attorneys Office on 12/29/2011, filed by Plaintiff Colorado Christian University (Rassbach, Eric) (Entered: 01/13/2012)

Jan. 13, 2012

Jan. 13, 2012

PACER
14

AFFIDAVIT/RETURN of Service of Copies of summonses, complaint, disclosure statement, and notice of related cases upon U.S. Attorney General on 1/3/2012, filed by Plaintiff Colorado Christian University (Rassbach, Eric) (Entered: 01/13/2012)

Jan. 13, 2012

Jan. 13, 2012

PACER
15

CERTIFICATE OF SERVICE re 5 Order by Plaintiff Colorado Christian University (Rassbach, Eric) (Entered: 01/13/2012)

Jan. 13, 2012

Jan. 13, 2012

PACER
16

MOTION to Reset (Postpone) Rule 16(b) Scheduling Conference and Related Deadlines by Defendants 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: 02/06/2012)

Feb. 6, 2012

Feb. 6, 2012

PACER
17

MEMORANDUM regarding 16 MOTION to Reset (Postpone) Rule 16(b) Scheduling Conference and Related Deadlines filed by Kathleen Sebelius, Hilda Solis, Timothy Geithner, United States Department of Health and Human Services, United States Department of the Treasury, United States Department of Labor. Motion referred to Magistrate Judge Boyd N. Boland by Judge Christine M. Arguello on 02/06/12. Text Only Entry (cmasec) (Entered: 02/06/2012)

Feb. 6, 2012

Feb. 6, 2012

PACER
18

BRIEF in Opposition to 16 MOTION to Reset (Postpone) Rule 16(b) Scheduling Conference and Related Deadlines filed by Plaintiff Colorado Christian University. (Baxter, Eric) (Entered: 02/07/2012)

Feb. 7, 2012

Feb. 7, 2012

PACER
19

REPLY to Response to 16 MOTION to Reset (Postpone) Rule 16(b) Scheduling Conference and Related Deadlines filed by Defendants 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: 02/07/2012)

Feb. 7, 2012

Feb. 7, 2012

PACER
20

ORDER denying 16 Motion to Postpone Rule 16(b) Conference and Related Deadlines by Magistrate Judge Boyd N. Boland on 2/9/2012.(jjpsl, ) (Entered: 02/10/2012)

Feb. 9, 2012

Feb. 9, 2012

PACER
21

Proposed Scheduling Order (Joint) by Plaintiff Colorado Christian University. (Baxter, Eric) (Entered: 02/22/2012)

Feb. 22, 2012

Feb. 22, 2012

PACER
22

MOTION to Dismiss for Lack of Jurisdiction by Defendants 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: 02/27/2012)

Feb. 27, 2012

Feb. 27, 2012

PACER
23

MINUTE ENTRY for proceedings held before Magistrate Judge Boyd N. Boland: Scheduling Conference held on 2/29/2012. Discovery due by 10/31/2012. Dispositive Motions due by 11/30/2012. Proposed Pretrial Order due by 1/10/2013. Final Pretrial Conference set for 1/17/2013 10:00 AM in Courtroom A 401 before Magistrate Judge Boyd N. Boland. (FTR: G.Mattei) (bnbcd, ) (Entered: 02/29/2012)

Feb. 29, 2012

Feb. 29, 2012

PACER
24

SCHEDULING ORDER: by Magistrate Judge Boyd N. Boland on 2/29/12. (bnbcd, ) (Entered: 02/29/2012)

Feb. 29, 2012

Feb. 29, 2012

PACER
25

OBJECTION/Appeal of Magistrate Judge Decision to District Court (Magistrate Judge's February 29, 2012 Order Denying A Stay Of Discovery) by Defendants 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 A)(Bennett, Michelle) (Entered: 03/13/2012)

1 Exhibit A

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March 13, 2012

March 13, 2012

PACER
26

AMENDED COMPLAINT against All Defendants, filed by Colorado Christian University.(Baxter, Eric) (Entered: 03/22/2012)

March 22, 2012

March 22, 2012

PACER
27

BRIEF in Opposition to 22 MOTION to Dismiss for Lack of Jurisdiction filed by Plaintiff Colorado Christian University. (Baxter, Eric) (Entered: 03/22/2012)

March 22, 2012

March 22, 2012

PACER
28

TRANSCRIPT of Scheduling Conference held on 02/29/2012 before Magistrate Judge Boland. Pages: 1-13. NOTICE - REDACTION OF TRANSCRIPTS: Within seven calendar days of this filing, each party shall inform the Court, by filing a Notice of Intent to Redact, of the party's intent to redact personal identifiers from the electronic transcript of the court proceeding. If a Notice of Intent to Redact is not filed within the allotted time, this transcript will be made electronically available after 90 days. Please see the Notice of Electronic Availability of Transcripts document at www.cod.uscourts.gov. Transcript may only be viewed at the court public terminal or purchased through the Court Reporter/Transcriber prior to the 90 day deadline for electronic posting on PACER. Release of Transcript Restriction set for 6/25/2012. (Avery Woods Reporting, ) (Entered: 03/23/2012)

March 23, 2012

March 23, 2012

PACER
29

RESPONSE to 25 Objection/Appeal of Magistrate Judge Decision filed by Plaintiff Colorado Christian University. (Attachments: # 1 Exhibit)(Baxter, Eric) (Entered: 03/26/2012)

1 Exhibit

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March 26, 2012

March 26, 2012

PACER
30

REPLY to Response to 25 Objection/Appeal of Magistrate Judge Decision to District Court, filed by Defendants 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: 04/09/2012)

April 9, 2012

April 9, 2012

PACER
31

MOTION to Dismiss for Lack of Jurisdiction the First Amended Complaint by Defendants 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: 04/09/2012)

April 9, 2012

April 9, 2012

PACER
32

COURTROOM MINUTES/MINUTE ORDER for proceedings held before Magistrate Judge Michael E. Hegarty: Scheduling Conference held on 4/11/2012. Final Pretrial Conference set for 1/15/2013 09:30 AM in Courtroom A 501 before Magistrate Judge Michael E. Hegarty. (FTR: C. Coomes -- Courtroom A-501) (mehcd) DOCUMENT INCORRECTLY FILED IN THIS CASE. Modified on 4/11/2012 to include text (jjpsl, ). (Entered: 04/11/2012)

April 11, 2012

April 11, 2012

PACER
33

ORDER denying 25 APPEAL OF MAGISTRATE JUDGE DECISION to District Court by Judge Christine M. Arguello on 4/30/12.(cmacd ) (Entered: 04/30/2012)

April 30, 2012

April 30, 2012

PACER
34

BRIEF in Opposition to 31 MOTION to Dismiss for Lack of Jurisdiction the First Amended Complaint filed by Plaintiff Colorado Christian University. (Baxter, Eric) (Entered: 05/03/2012)

May 3, 2012

May 3, 2012

PACER
35

ORDER denying as moot 22 Motion to Dismiss for Lack of Jurisdiction by the filing of the Amended Complaint 26 . By Judge Christine M. Arguello on 5/7/12. Text Only Entry(cmacd ) (Entered: 05/07/2012)

May 7, 2012

May 7, 2012

PACER
36

REPLY to Response to 31 MOTION to Dismiss for Lack of Jurisdiction the First Amended Complaint filed by Defendants 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: 05/18/2012)

May 18, 2012

May 18, 2012

PACER
37

NOTICE of Filing the Administrative Record by Defendants 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 Attachment A: Certification, # 2 Attachment B: Index)(Bennett, Michelle) (Entered: 05/29/2012)

1 Attachment A: Certification

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2 Attachment B: Index

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May 29, 2012

May 29, 2012

PACER
38

Certification of the Rulemaking Record and ADMINISTRATIVE RECORD - consisting of 3 cds (Available in other format at the Clerk's Office) by Defendants 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. (pabcd) (Entered: 05/30/2012)

May 30, 2012

May 30, 2012

PACER
39

NOTICE of Supplemental Authorities re: 31 MOTION to Dismiss for Lack of Jurisdiction the First Amended Complaint by Defendants 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 Nebraska Opinion, # 2 Belmont Abbey Opinion)(Bennett, Michelle) (Entered: 07/22/2012)

1 Nebraska Opinion

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2 Belmont Abbey Opinion

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July 22, 2012

July 22, 2012

PACER
40

RESPONSE to 39 Notice of Supplemental Authorities, by Plaintiff Colorado Christian University. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Baxter, Eric) (Entered: 07/25/2012)

1 Exhibit 1

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2 Exhibit 2

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July 25, 2012

July 25, 2012

PACER
41

Renewed MOTION to Stay Discovery by Defendants 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 A, # 2 Exhibit B)(Bennett, Michelle) (Entered: 08/02/2012)

1 Exhibit A

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2 Exhibit B

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Aug. 2, 2012

Aug. 2, 2012

PACER
42

MEMORANDUM regarding 41 Renewed MOTION to Stay Discovery filed by Kathleen Sebelius, Hilda Solis, Timothy Geithner, United States Department of Health and Human Services, United States Department of the Treasury, United States Department of Labor. Motion referred to Magistrate Judge Boyd N. Boland by Judge Christine M. Arguello on 08/03/12. Text Only Entry (cmasec) (Entered: 08/03/2012)

Aug. 3, 2012

Aug. 3, 2012

PACER
43

Minute ORDER: 41 Defendants' Renewed Motion to Stay Discovery is DENIED. by Magistrate Judge Boyd N. Boland on 8/6/12.(bnbcd, ) Modified on 8/7/2012 to correct title (dkals, ). (Entered: 08/06/2012)

Aug. 6, 2012

Aug. 6, 2012

RECAP
44

Renewed MOTION to Stay Discovery by Defendants 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 A, # 2 Exhibit B)(Bennett, Michelle) (Entered: 08/06/2012)

1 Exhibit A

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2 Exhibit B

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Aug. 6, 2012

Aug. 6, 2012

PACER
45

MEMORANDUM regarding 44 Renewed MOTION to Stay Discovery filed by Kathleen Sebelius, Hilda Solis, Timothy Geithner, United States Department of Health and Human Services, United States Department of the Treasury, United States Department of Labor. Motion referred to Magistrate Judge Boyd N. Boland by Judge Christine M. Arguello on 08/07/12. Text Only Entry (cmasec) (Entered: 08/07/2012)

Aug. 7, 2012

Aug. 7, 2012

PACER
46

NOTICE of Supplemental Authorities by Plaintiff Colorado Christian University (Attachments: # 1 Exhibit A)(Baxter, Eric) (Entered: 08/07/2012)

1 Exhibit A

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Aug. 7, 2012

Aug. 7, 2012

PACER
47

Minute ORDER re 44 Renewed Motion to Stay Discovery : Motion Hearing set for 8/30/2012 01:30 PM in Courtroom A 401 before Magistrate Judge Boyd N. Boland. Plaintiff shall respond to Motion 44 on or before 8/27/12. by Magistrate Judge Boyd N. Boland on 8/7/12. (bnbcd, ) Modified on 8/8/2012 to correct title (dkals, ). (Entered: 08/07/2012)

Aug. 7, 2012

Aug. 7, 2012

PACER
48

RESPONSE to 46 Notice of Supplemental Authorities by Defendants 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: 08/10/2012)

Aug. 10, 2012

Aug. 10, 2012

PACER
49

Unopposed MOTION for Extension of Time to (Extension of Deadlines Regarding Discovery and Dispositive Motions) by Defendants 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: 08/14/2012)

Aug. 14, 2012

Aug. 14, 2012

PACER
50

MEMORANDUM regarding 49 Unopposed MOTION for Extension of Time to (Extension of Deadlines Regarding Discovery and Dispositive Motions) filed by Kathleen Sebelius, Hilda Solis, Timothy Geithner, United States Department of Health and Human Services, United States Department of the Treasury, United States Department of Labor. Motion referred to Magistrate Judge Boyd N. Boland. By Judge Christine M. Arguello on 8/14/2012. Text Only Entry (cmacd, ) (Entered: 08/14/2012)

Aug. 14, 2012

Aug. 14, 2012

PACER
51

Unopposed MOTION for Leave to Appear by Telephone at the August 30, 2012 Hearing 47 Order Setting Hearing on Motion, by Defendants 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: 08/20/2012)

Aug. 20, 2012

Aug. 20, 2012

PACER
52

NOTICE of Supplemental Authorities (Second) by Plaintiff Colorado Christian University (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Baxter, Eric) (Entered: 08/21/2012)

1 Exhibit A

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2 Exhibit B

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Aug. 21, 2012

Aug. 21, 2012

PACER
53

MINUTE ORDER denying 51 Motion for Leave to appear telephonically. All counsel must appear in person for the hearing set for August 30, 2012, at 1:30 p.m., by Magistrate Judge Boyd N. Boland on 8/24/12. Text Only Entry (bnbsec, ) (Entered: 08/24/2012)

Aug. 24, 2012

Aug. 24, 2012

PACER
54

NOTICE of Supplemental Authorities re: 44 Renewed MOTION to Stay Discovery, 31 MOTION to Dismiss for Lack of Jurisdiction the First Amended Complaint by Defendants 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 Wheaton College Decision)(Bennett, Michelle) (Entered: 08/27/2012)

1 Wheaton College Decision

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Aug. 27, 2012

Aug. 27, 2012

PACER
55

RESPONSE to 52 Notice of Supplemental Authorities by Defendants 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: 08/27/2012)

Aug. 27, 2012

Aug. 27, 2012

PACER
56

BRIEF in Opposition to 44 Renewed MOTION to Stay Discovery filed by Plaintiff Colorado Christian University. (Attachments: # 1 Exhibit)(Baxter, Eric) (Entered: 08/27/2012)

1 Exhibit

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Aug. 27, 2012

Aug. 27, 2012

PACER
57

MINUTE ORDER: Motion Hearing re: 44 Defendants Renewed Motion to Stay Discovery reset for 8/31/2012 01:30 PM in Courtroom A 401 before Magistrate Judge Boyd N. Boland. By Magistrate Judge Boyd N. Boland on 8/28/12. (dkals, ) (Entered: 08/28/2012)

Aug. 28, 2012

Aug. 28, 2012

PACER
58

COURTROOM MINUTES/MINUTE ENTRY for proceedings held before Magistrate Judge Boyd N. Boland: Motion Hearing held on 8/31/2012. 44 Renewed Motion to Stay Discovery is DENIED. 49 Unopposed Motion for Extension Deadlines is GRANTED. Discovery due by 1/1/2013, Dispositive Motions due by 2/1/2013. FTR: BNB Courtroom A401. (bnbcd, ) Modified on 9/4/2012 to correct deadline (dkals, ). (Main Document 58 replaced on 9/7/2012 to show correct date of Discovery Deadline 1/2/13 as originally indicated and stated on the record) (bnbcd, ). (Entered: 08/31/2012)

Aug. 31, 2012

Aug. 31, 2012

RECAP
59

ORDER: by Magistrate Judge Boyd N. Boland on 8/31/12. (bnbcd, ) (Entered: 08/31/2012)

Aug. 31, 2012

Aug. 31, 2012

RECAP
60

Utility Setting/Resetting Deadlines/Hearings: Text Only Entry Discovery due by 1/1/2013 pursuant to 58 Minute Entry. (dkals, ) (Entered: 09/05/2012)

Aug. 31, 2012

Aug. 31, 2012

PACER
61

RESPONSE to 54 Notice of Supplemental Authorities, by Plaintiff Colorado Christian University. (Baxter, Eric) (Entered: 09/07/2012)

Sept. 7, 2012

Sept. 7, 2012

PACER
62

TRANSCRIPT of Telephonic Motions Hearing held on 08/31/2012 before Magistrate Judge Boland. Pages: 1-20. NOTICE - REDACTION OF TRANSCRIPTS: Within seven calendar days of this filing, each party shall inform the Court, by filing a Notice of Intent to Redact, of the party's intent to redact personal identifiers from the electronic transcript of the court proceeding. If a Notice of Intent to Redact is not filed within the allotted time, this transcript will be made electronically available after 90 days. Please see the Notice of Electronic Availability of Transcripts document at www.cod.uscourts.gov. Transcript may only be viewed at the court public terminal or purchased through the Court Reporter/Transcriber prior to the 90 day deadline for electronic posting on PACER. Release of Transcript Restriction set for 12/17/2012. (Avery Woods Reporting, ) (Entered: 09/14/2012)

Sept. 14, 2012

Sept. 14, 2012

PACER
63

MOTION to Compel by Plaintiff Colorado Christian University. (Attachments: # 1 Memorandum in Support, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F, # 8 Exhibit G, # 9 Exhibit H, # 10 Exhibit I, # 11 Exhibit J, # 12 Exhibit K, # 13 Exhibit L, # 14 Exhibit M)(Baxter, Eric) (Entered: 11/09/2012)

1 Memorandum in Support

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2 Exhibit A

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3 Exhibit B

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4 Exhibit C

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5 Exhibit D

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6 Exhibit E

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7 Exhibit F

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8 Exhibit G

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9 Exhibit H

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10 Exhibit I

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11 Exhibit J

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12 Exhibit K

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13 Exhibit L

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14 Exhibit M

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Nov. 9, 2012

Nov. 9, 2012

PACER
64

NOTICE of Supplemental Authorities re: 31 MOTION to Dismiss for Lack of Jurisdiction the First Amended Complaint by Defendants 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 A - Legatus Opinion)(Bennett, Michelle) (Entered: 11/13/2012)

1 Exhibit A - Legatus Opinion

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Nov. 13, 2012

Nov. 13, 2012

PACER
65

MEMORANDUM regarding 63 MOTION to Compel filed by Colorado Christian University. Motion referred to Magistrate Judge Boyd N. Boland by Judge Christine M. Arguello on 11/13/12. Text Only Entry (cmasec) (Entered: 11/13/2012)

Nov. 13, 2012

Nov. 13, 2012

PACER
66

MINUTE ORDER Setting Hearing on Motion: 63 MOTION to Compel Discovery Responses set for 11/30/2012 08:30 AM in Courtroom A 401 before Magistrate Judge Boyd N. Boland. Defendant shall respond to the motion on or before 11/28/12, no reply without leave of the Court. by Magistrate Judge Boyd N. Boland on 11/14/12. (bnbcd, ) (Entered: 11/14/2012)

Nov. 14, 2012

Nov. 14, 2012

PACER
67

NOTICE of Supplemental Authorities re: 31 MOTION to Dismiss for Lack of Jurisdiction the First Amended Complaint by Defendants 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 Nashville Opinion)(Bennett, Michelle) (Entered: 11/26/2012)

1 Catholic Diocese of Nashville Opinion

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Nov. 26, 2012

Nov. 26, 2012

PACER
68

NOTICE of Supplemental Authorities re: 34 Brief in Opposition to Motion by Plaintiff Colorado Christian University (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Baxter, Eric) (Entered: 11/27/2012)

1 Exhibit A

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2 Exhibit B

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Nov. 27, 2012

Nov. 27, 2012

PACER
69

RESPONSE to 67 Notice of Supplemental Authorities, by Plaintiff Colorado Christian University. (Baxter, Eric) (Entered: 11/27/2012)

Nov. 27, 2012

Nov. 27, 2012

PACER
70

BRIEF in Opposition to 63 MOTION to Compel filed by Defendants 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 Declaration of Glenn J. Melcher, # 2 Declaration of Andrew B. Stein, # 3 Declaration of James L. Craig, Jr.)(Bennett, Michelle) (Entered: 11/28/2012)

1 Declaration of Glenn J. Melcher

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2 Declaration of Andrew B. Stein

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3 Declaration of James L. Craig, Jr.

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Nov. 28, 2012

Nov. 28, 2012

PACER
71

NOTICE of Supplemental Authorities (Fifth) re: 31 MOTION to Dismiss for Lack of Jurisdiction the First Amended Complaint by Defendants 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 Zubik Opinion)(Bennett, Michelle) (Entered: 11/29/2012)

1 Zubik Opinion

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Nov. 29, 2012

Nov. 29, 2012

PACER
72

RESPONSE to 68 Notice of Supplemental Authorities by Defendants 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: 11/29/2012)

Nov. 29, 2012

Nov. 29, 2012

PACER
73

COURTROOM MINUTES/MINUTE ENTRY for proceedings held before Magistrate Judge Boyd N. Boland: Motion Hearing held on 11/30/2012. 63 Motion to Compel Discovery Responses is TAKEN UNDER ADVISEMENT. FTR: BNB Courtroom A401. (bnbcd, ) (Entered: 11/30/2012)

Nov. 30, 2012

Nov. 30, 2012

RECAP
74

NOTICE of Supplemental Authorities by Plaintiff Colorado Christian University (Attachments: # 1 Exhibit A)(Baxter, Eric) (Entered: 12/06/2012)

1 Exhibit A

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Dec. 6, 2012

Dec. 6, 2012

PACER
75

RESPONSE to 74 Notice of Supplemental Authorities by Defendants 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: 12/10/2012)

Dec. 10, 2012

Dec. 10, 2012

PACER
76

NOTICE of Supplemental Authorities by Plaintiff Colorado Christian University (Baxter, Eric) (Entered: 12/20/2012)

Dec. 20, 2012

Dec. 20, 2012

PACER
77

NOTICE of Supplemental Authorities (Sixth) and Response to Plaintiff's Fifth Notice of Supplemental Authority (ECF No. 76) re: 31 MOTION to Dismiss for Lack of Jurisdiction the First Amended Complaint by Defendants 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 D.C. Circuit's Wheaton Decision, # 2 Biloxi Decision)(Bennett, Michelle) (Entered: 12/21/2012)

1 D.C. Circuit's Wheaton Decision

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2 Biloxi Decision

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Dec. 21, 2012

Dec. 21, 2012

PACER
78

Joint MOTION for Extension of Time to Case Management Deadlines by Defendants 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: 12/27/2012)

Dec. 27, 2012

Dec. 27, 2012

PACER
79

MEMORANDUM regarding 78 Joint MOTION for Extension of Time to Case Management Deadlines filed by Kathleen Sebelius, Hilda Solis, Timothy Geithner, United States Department of Health and Human Services, United States Department of the Treasury, United States Department of Labor. Motion referred to Magistrate Judge Boyd N. Boland by Judge Christine M. Arguello on 01/03/13. Text Only Entry (cmasec) (Entered: 01/03/2013)

Jan. 3, 2013

Jan. 3, 2013

PACER
80

NOTICE of Supplemental Authorities (Seventh) re: 31 MOTION to Dismiss for Lack of Jurisdiction the First Amended Complaint by Defendants 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)(Bennett, Michelle) (Entered: 01/04/2013)

1 University of Notre Dame Decision

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Jan. 4, 2013

Jan. 4, 2013

PACER
81

ORDER granting 31 Defendants' Rule 12(b)(1) Motion to Dismiss. CCU's 63 Motion to Compel Discovery Responses and the parties' 78 Joint Motion for Extension of Case Management Deadlines are denied as moot. This case is dismissed without prejudice, in its entirety, for lack of jurisdiction. By Judge Christine M. Arguello on 1/7/13.(mnfsl, ) Modified on 1/8/2013 to correct filed date (mnfsl, ). (Entered: 01/08/2013)

Jan. 7, 2013

Jan. 7, 2013

RECAP
82

FINAL JUDGMENT by Clerk, re: 81 Order. By Clerk on 1/8/13. (mnfsl, ) (Entered: 01/08/2013)

Jan. 8, 2013

Jan. 8, 2013

RECAP

Case Details

State / Territory: Colorado

Case Type(s):

Speech and Religious Freedom

Special Collection(s):

Contraception Insurance Mandate

Multi-LexSum (in sample)

Key Dates

Filing Date: Dec. 22, 2011

Closing Date: 2013

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Plaintiff is a Christian liberal arts university who opposes the use of emergency contraception for religious reasons, and therefore objects to the contraception mandate in the ACA.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

U.S. Dept. of Health and Human Services, Federal

U.S. Dept. of Labor, Federal

U.S. Dept. of the Treasury, Federal

Defendant Type(s):

Hospital/Health Department

Facility Type(s):

Non-government non-profit

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

Freedom of speech/association

Available Documents:

Trial Court Docket

Complaint (any)

Non-settlement Outcome

Any published opinion

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Source of Relief:

None

Issues

General/Misc.:

Religious programs / policies

School/University policies

Discrimination Basis:

Religion discrimination

Reproductive rights:

Contraception