Case: American Pulverizer Co. v. HHS

6:12-cv-03459 | U.S. District Court for the Western District of Missouri

Filed Date: Oct. 19, 2012

Closed Date: 2015

Clearinghouse coding complete

Case Summary

On October 19, 2012, two evangelical Christian business owners filed this lawsuit in the U.S. District Court for the Western District of Missouri. The plaintiffs brought suit under the First and Fifth Amendments, 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. Represented by private counsel and the American Center for Law and Justice, the plaintiffs asked the court…

On October 19, 2012, two evangelical Christian business owners filed this lawsuit in the U.S. District Court for the Western District of Missouri. The plaintiffs brought suit under the First and Fifth Amendments, 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. Represented by private counsel and the American Center for Law and Justice, the plaintiffs asked the court for both declaratory and injunctive relief. The suit alleged that federal rules adopted as part of the 2010 Patient Protection and Affordable Care Act ("ACA") violated their religious freedom by requiring them to provide coverage for contraception through their company's group health insurance plans. Specifically, the plaintiffs objected to the ACA rules requiring them to provide coverage for emergency contraception, which the plaintiffs considered an abortifacient. Claiming that providing coverage for emergency contraception would both contravene their Christian faith and compel speech contrary to their beliefs, the plaintiffs sought an exemption from the ACA's contraception mandate for themselves and other business owners with similar religious objections.

On December 20, 2012, the District Court (Judge Richard E. Dorr) granted the plaintiffs' motion for a preliminary injunction, finding that the plaintiffs had demonstrated a threat of imminent irreparable harm and that the question of whether the mandate was justified by a compelling government interest merited "deliberate investigation." American Pulverizer Co. v. DHHS, Slip Op. 2012 WL 6951316 (W.D. Mo. Dec. 20, 2012). Judge Dorr further found that the facts of the case were nearly identical to those in O'Brien v. HHS, in which the Eighth Circuit had recently stayed the same defendant departments from enforcing the contraception mandate against the plaintiffs, evangelical Christian small-business owners.

The defendants appealed the injunction to the Eighth Circuit (Case No. 13-1395). On February 20, 2013, District Court Judge Goldberg granted the defendants' joint motion to stay the district court proceedings pending the Eighth Circuit appeal. On February 26, 2013, in a clerk order not attributed to any individual judge, the Eighth Circuit granted the defendants' motion to hold the case in abeyance pending its own decision in the O'Brien appeal (Case No. 12-3357). On April 21, 2014, this case was reassigned to District Judge M. Douglas Harpool. On September 4, 2014, the Eighth Circuit granted the defendant's motion to dismiss the appeal following the Supreme Court's decision in Hobby Lobby v. Sebelius, on June 30, 2014. On October 30, 2014, the District Court granted a permanent injunction for the plaintiffs. The injunction protected the plaintiffs against government enforcement of the version of the contraception mandate that existed prior to the Hobby Lobby decision. Prior to Hobby Lobby, closely-held for-profit religious employers did not have an opportunity to notify the government of their objection to the contraception mandate, and compel the government to work with their insurer to provide contraception coverage directly to their employees. The decision did not preclude the plaintiffs from bringing suit under later versions of the mandate.

The parties agreed that petitions for attorney's fees or costs would be submitted to the court by January 28, 2015, but no petitions were submitted during that period.

Summary Authors

Hannah Swanson (6/14/2013)

Mallory Jones (2/9/2014)

Kate Craddock (4/10/2016)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4300650/parties/american-pulverizer-co-v-united-states-department-of-health-and-human/


Judge(s)

Dorr, Richard Everett (Missouri)

England, James C. (Missouri)

Harpool, M. Douglas (Missouri)

Attorneys(s) for Plaintiff

Doty, Grant R. (Missouri)

Manion, Francis J (Kentucky)

Nielsen, Todd (Missouri)

Surtees, Geoffrey R. (Kentucky)

White, Edward L. III (Michigan)

Attorneys(s) for Defendant

Bennett, Michelle Renee (District of Columbia)

Other Attorney(s)

Active

Judge(s)

Dorr, Richard Everett (Missouri)

England, James C. (Missouri)

Harpool, M. Douglas (Missouri)

Attorneys(s) for Plaintiff

Doty, Grant R. (Missouri)

Manion, Francis J (Kentucky)

Nielsen, Todd (Missouri)

Surtees, Geoffrey R. (Kentucky)

White, Edward L. III (Michigan)

Attorneys(s) for Defendant

Bennett, Michelle Renee (District of Columbia)

Other Attorney(s)

Amiri, Brigitte A. (New York)

Bonney, Stephen Douglas (Missouri)

Rothert, Anthony [Tony] E. (Missouri)

Documents in the Clearinghouse

Document

6:12-cv-03459

Docket

American Pulverizer Co. v. United States Department of Health and Human Services

Dec. 15, 2014

Dec. 15, 2014

Docket
2

6:12-cv-03459

Notice of Inclusion in the Early Assessment Program in the Western District of Missouri

American Pulverizer Co. v. United States Department of Health and Human Services

Oct. 19, 2012

Oct. 19, 2012

Notice Letter
1

6:12-cv-03459

Complaint

Griesedieck v. United States Department of Health and Human Services

Oct. 19, 2012

Oct. 19, 2012

Complaint
17

6:12-cv-03459

Plaintiffs' Suggestions in Support of Motion for Preliminary Injunction

Griesedieck v. United States Department of Health and Human Services

Nov. 20, 2012

Nov. 20, 2012

Pleading / Motion / Brief
22-1

6:12-cv-03459

Amicus Curiae Brief

American Pulverizer Company v. United States Department of Health and Human Services

Dec. 6, 2012

Dec. 6, 2012

Pleading / Motion / Brief
22

6:12-cv-03459

Motion of the American Civil Liberties Union, the ACLU of Eastern Missouri, and the ACLU Foundation of Kansas and Western Missouri for Leave to File Brief Amici Curiae Regarding Plaintiffs' Motion for Preliminary Injunction

American Pulverizer Company v. United States Department of Health and Human Services

Dec. 6, 2012

Dec. 6, 2012

Pleading / Motion / Brief
38

6:12-cv-03459

Order

American Pulverizer Co. v. United States Department of Health and Human Services

2012 WL 6951316

Dec. 20, 2012

Dec. 20, 2012

Order/Opinion
45

6:12-cv-03459

Order

American Pulverizer Co. v. United States Department of Health and Human Services

Feb. 20, 2013

Feb. 20, 2013

Order/Opinion
56

6:12-cv-03459

Injunction and Judgment

American Pulverizer v. HHS

Oct. 30, 2014

Oct. 30, 2014

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4300650/american-pulverizer-co-v-united-states-department-of-health-and-human/

Last updated June 1, 2022, 3:04 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against All Defendants filed by Todd Nielsen on behalf of All Plaintiffs. Filing fee $350, receipt number 0866-3275623. Service due by 2/22/2013. (Attachments: # 1 Civil Cover Sheet)(Nielsen, Todd) (Entered: 10/19/2012)

1 Civil Cover Sheet

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Oct. 19, 2012

Oct. 19, 2012

RECAP
2

Notice of EAP assignment to an outside mediator. (Attachments: # 1 EAP General Order)(Howard, Linda) (Entered: 10/19/2012)

1 EAP General Order

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Oct. 19, 2012

Oct. 19, 2012

PACER
3

Motion to allow Francis J. Manion to appear pro hac vice (Pro Hac fee $100 receipt number 0866-3275969) filed by Todd Nielsen on behalf of All Plaintiffs. (Nielsen, Todd) (Entered: 10/19/2012)

Oct. 19, 2012

Oct. 19, 2012

PACER
4

Motion to allow Geoffrey R. Surtees to appear pro hac vice (Pro Hac fee $100 receipt number 0866-3275989) filed by Todd Nielsen on behalf of All Plaintiffs. (Nielsen, Todd) (Entered: 10/19/2012)

Oct. 19, 2012

Oct. 19, 2012

PACER
5

DISCLOSURE OF CORPORATE INTERESTS filed by Todd Nielsen on behalf of Plaintiffs American Pulverizer Co., City Welding, Henry Greisedieck, Paul Griesedieck, Hustler Conveyor Co., Springfield Iron and Metal, LLC.(Nielsen, Todd) (Entered: 10/19/2012)

Oct. 19, 2012

Oct. 19, 2012

PACER
6

ORDER granting 4 motion to appear pro hac vice approved by Clerk of Court. Attorney Geoffrey R. Surtees appearing on behalf of all plaintiffs This entry will serve as authorization for the pro hac participation by the attorney. (Howard, Linda) Modified on 10/22/2012 (Howard, Linda). (Entered: 10/22/2012)

Oct. 22, 2012

Oct. 22, 2012

PACER
7

ORDER granting 3 motion to appear pro hac vice approved by Clerk of Court. Attorney Francis J. Manion for all plaintiffs This entry will serve as authorization for the pro hac participation by the attorney. (Howard, Linda) (Entered: 10/22/2012)

Oct. 22, 2012

Oct. 22, 2012

PACER
8

Motion to allow Edward L. White, III to appear pro hac vice (Pro Hac fee $100 receipt number 0866-3284110) filed by Todd Nielsen on behalf of All Plaintiffs. (Nielsen, Todd) (Entered: 10/26/2012)

Oct. 26, 2012

Oct. 26, 2012

PACER
9

ORDER granting 8 motion to appear pro hac vice approved by Clerk of Court. Attorney Edward L. White, III for American Pulverizer Co., City Welding, Henry Greisedieck,Paul Griesedieck, Hustler Conveyor Co., Springfield Iron and Metal, LLC allowed to appear pro hac vice. This entry will serve as authorization for the pro hac participation by the attorney. (Howard, Linda) (Entered: 10/29/2012)

Oct. 29, 2012

Oct. 29, 2012

PACER
10

RETURN OF SERVICE of complaint executed by American Pulverizer Co., City Welding, Henry Greisedieck, Paul Griesedieck, Hustler Conveyor Co., Springfield Iron and Metal, LLC. U.S. Attorney for the W.D. of MO served on 10/25/2012. (Attachments: # 1 Exhibit USPS Track and Confirm and Receipt)(Nielsen, Todd) (Entered: 10/29/2012)

Oct. 29, 2012

Oct. 29, 2012

PACER
11

RETURN OF SERVICE of complaint executed by American Pulverizer Co., City Welding, Henry Greisedieck, Paul Griesedieck, Hustler Conveyor Co., Springfield Iron and Metal, LLC. U.S. Attorney for the W.D. of MO served on 10/25/2012. (Attachments: # 1 Summons, # 2 USPS return receipt card and proof of delivery)(Nielsen, Todd) (Entered: 10/30/2012)

1 Summons

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2 USPS return receipt card and proof of delivery

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Oct. 30, 2012

Oct. 30, 2012

PACER
12

RETURN OF SERVICE of complaint executed by American Pulverizer Co., City Welding, Henry Greisedieck, Paul Griesedieck, Hustler Conveyor Co., Springfield Iron and Metal, LLC. Hilda Solis and U.S. Dept. of Labor served on 10/31/2012. (Attachments: # 1 Exhibit Proof of Service)(Manion, Francis) (Entered: 11/05/2012)

1 Exhibit Proof of Service

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Nov. 5, 2012

Nov. 5, 2012

PACER
13

RETURN OF SERVICE of complaint executed by American Pulverizer Co., City Welding, Henry Greisedieck, Paul Griesedieck, Hustler Conveyor Co., Springfield Iron and Metal, LLC. Timothy Geithner and U.S. Dept. of Treasury served on 10/31/2012. (Attachments: # 1 Exhibit Proof of Service)(Manion, Francis) (Entered: 11/08/2012)

1 Exhibit Proof of Service

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Nov. 8, 2012

Nov. 8, 2012

PACER
14

RETURN OF SERVICE of complaint executed by American Pulverizer Co., City Welding, Henry Greisedieck, Paul Griesedieck, Hustler Conveyor Co., Springfield Iron and Metal, LLC. Kathleen Sebelius and U.S. Dept. of Health and Human Services served on 10/31/2012. (Attachments: # 1 Exhibit Proof of Service)(Manion, Francis) (Entered: 11/08/2012)

1 Exhibit Proof of Service

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Nov. 8, 2012

Nov. 8, 2012

PACER
15

NOTICE OF REASSIGNMENT from Magistrate Judge James C. England to District Judge Richard E. Dorr. New case number is 12-3459-CV-S-RED. (Text entry only - no document attached) (Howard, Linda) (Entered: 11/09/2012)

Nov. 9, 2012

Nov. 9, 2012

PACER
16

MOTION for preliminary injunction filed by Francis J. Manion on behalf of American Pulverizer Co., City Welding, Henry Greisedieck, Paul Griesedieck, Hustler Conveyor Co.. Suggestions in opposition/response due by 12/7/2012 unless otherwise directed by the court. (Manion, Francis) (Entered: 11/20/2012)

Nov. 20, 2012

Nov. 20, 2012

PACER
17

SUGGESTIONS in support re 16 MOTION for preliminary injunction filed by Francis J. Manion on behalf of Plaintiffs American Pulverizer Co., City Welding, Henry Greisedieck, Paul Griesedieck, Hustler Conveyor Co., Springfield Iron and Metal, LLC. (Attachments: # 1 Exhibit A, Declaration of Paul Griesedieck, # 2 Exhibit B, Declaration of Henry Griesedieck, # 3 Proposed Order)(Related document(s) 16 ) (Manion, Francis) (Entered: 11/20/2012)

1 Exhibit A, Declaration of Paul Griesedieck

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2 Exhibit B, Declaration of Henry Griesedieck

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3 Proposed Order

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Nov. 20, 2012

Nov. 20, 2012

PACER
18

NOTICE of filing Supplemental Authority by American Pulverizer Co., City Welding, Henry Greisedieck, Paul Griesedieck, Springfield Iron and Metal, LLC (Attachments: # 1 Exhibit U.S.C.A. 8th Cir. 12-3357, Appellants Motion for Preliminary Injunction, # 2 Exhibit U.S.C.A. 8th Cir. 12-3357, Order)(Manion, Francis) (Entered: 11/29/2012)

1 Exhibit U.S.C.A. 8th Cir. 12-3357, Appellants Motion for Preliminary Injunction

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2 Exhibit U.S.C.A. 8th Cir. 12-3357, Order

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Nov. 29, 2012

Nov. 29, 2012

PACER
19

Consent MOTION for leave to file excess pages filed by Michelle Bennett on behalf of All Defendants. Suggestions in opposition/response due by 12/20/2012 unless otherwise directed by the court. (Bennett, Michelle) (Entered: 12/03/2012)

Dec. 3, 2012

Dec. 3, 2012

PACER
20

SUGGESTIONS in opposition re 16 MOTION for preliminary injunction filed by Michelle Bennett on behalf of Defendants Timothy Geithner, Kathleen Sebelius, Hilda L Solis, United States Department of Health and Human Services, United States Department of Labor, United States Department of Treasury. Reply suggestions due by 12/21/2012 unless otherwise directed by the court (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3)(Related document(s) 16 ) (Bennett, Michelle) (Entered: 12/04/2012)

1 Exhibit 1

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2 Exhibit 2

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3 Exhibit 3

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Dec. 4, 2012

Dec. 4, 2012

PACER
21

ORDER granting 19 motion for leave to file excess pages; 20 opposition to motion for preliminary injunction deemed appropriately filed. (Schroeppel, Kerry) (Entered: 12/06/2012)

Dec. 6, 2012

Dec. 6, 2012

RECAP
22

MOTION for leave to file BRIEF AMICI CURIAE filed by Anthony E. Rothert on behalf of American Civil Liberties Union Foundation, American Civil Liberties Union of Eastern Missouri, American Civil Liberties Union Foundation of Kansas and Western Missouri. Suggestions in opposition/response due by 12/24/2012 unless otherwise directed by the court. (Attachments: # 1 Proposed Brief Amici Curiae)(Rothert, Anthony) (Entered: 12/06/2012)

1 Proposed Brief Amici Curiae

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Dec. 6, 2012

Dec. 6, 2012

PACER
23

Motion to allow Brigitte Amiri to appear pro hac vice (Pro Hac fee $100 receipt number 0866-3328924) filed by Anthony E. Rothert on behalf of American Civil Liberties Union Foundation, American Civil Liberties Union Foundation of Kansas and Western Missouri, American Civil Liberties Union of Eastern Missouri. (Rothert, Anthony) (Entered: 12/06/2012)

Dec. 6, 2012

Dec. 6, 2012

PACER
24

DISCLOSURE OF CORPORATE INTERESTS filed by Anthony E. Rothert on behalf of Movants American Civil Liberties Union Foundation, American Civil Liberties Union Foundation of Kansas and Western Missouri, American Civil Liberties Union of Eastern Missouri.(Rothert, Anthony) (Entered: 12/06/2012)

Dec. 6, 2012

Dec. 6, 2012

PACER
25

ORDER granting 23 motion to appear pro hac vice approved by Clerk of Court. Attorney Brigitte Amiri for American Civil Liberties Union Foundation,Brigitte Amiri for American Civil Liberties Union Foundation of Kansas and Western Missouri,Brigitte Amiri for American Civil Liberties Union of Eastern Missouri allowed to appear pro hac vice. This entry will serve as authorization for the pro hac participation by the attorney. (Howard, Linda) (Entered: 12/07/2012)

Dec. 7, 2012

Dec. 7, 2012

PACER
26

REPLY SUGGESTIONS to motion re 16 MOTION for preliminary injunction filed by Francis J. Manion on behalf of Plaintiffs American Pulverizer Co., City Welding, Henry Greisedieck, Paul Griesedieck, Hustler Conveyor Co., Springfield Iron and Metal, LLC. (Related document(s) 16 ) (Manion, Francis) (Entered: 12/10/2012)

Dec. 10, 2012

Dec. 10, 2012

PACER
27

ORDER granting 22 Motion for Leave to File Brief Amici Curiae regarding Plaintiffs Motion for Preliminary Injunction, ddl 12/19/2012 12:00 PM. (Schroeppel, Kerry) (Entered: 12/12/2012)

Dec. 12, 2012

Dec. 12, 2012

PACER
28

ORDER setting teleconference 12/19/2012 03:00 PM re 16 Motion for Preliminary Injunction. (Schroeppel, Kerry) (Entered: 12/12/2012)

Dec. 12, 2012

Dec. 12, 2012

PACER
29

Consent MOTION for extension of time to respond to plaintiffs' complaint filed by Michelle Bennett on behalf of All Defendants. Suggestions in opposition/response due by 12/31/2012 unless otherwise directed by the court. (Bennett, Michelle) (Entered: 12/12/2012)

Dec. 12, 2012

Dec. 12, 2012

PACER
30

NOTICE of appearance by Grant R. Doty on behalf of American Civil Liberties Union Foundation, American Civil Liberties Union of Eastern Missouri (Doty, Grant) (Entered: 12/13/2012)

Dec. 13, 2012

Dec. 13, 2012

PACER
31

Amicus Curiae APPEARANCE entered by Anthony E. Rothert on behalf of American Civil Liberties Union Foundation, American Civil Liberties Union Foundation of Kansas and Western Missouri, American Civil Liberties Union of Eastern Missouri. (Rothert, Anthony) (Entered: 12/13/2012)

Dec. 13, 2012

Dec. 13, 2012

PACER
32

SUGGESTIONS in opposition re 16 MOTION for preliminary injunction filed by Anthony E. Rothert on behalf of Movants American Civil Liberties Union Foundation, American Civil Liberties Union Foundation of Kansas and Western Missouri, American Civil Liberties Union of Eastern Missouri. Reply suggestions due by 12/31/2012 unless otherwise directed by the court (Related document(s) 16 ) (Rothert, Anthony) (Entered: 12/13/2012)

Dec. 13, 2012

Dec. 13, 2012

PACER
33

ORDER granting 29 Unopposed Motion for an Extension of Time to Respond to Plaintiffs Complaint, ddl to respond to complaint extended to 1/21/2013.(Schroeppel, Kerry) (Entered: 12/14/2012)

Dec. 14, 2012

Dec. 14, 2012

PACER
34

REPLY SUGGESTIONS to motion re 16 MOTION for preliminary injunction and reply to brief of amici ACLU filed by Francis J. Manion on behalf of Plaintiffs American Pulverizer Co., City Welding, Henry Greisedieck, Paul Griesedieck, Hustler Conveyor Co., Springfield Iron and Metal, LLC. (Related document(s) 16 ) (Manion, Francis) (Entered: 12/17/2012)

Dec. 17, 2012

Dec. 17, 2012

PACER
35

NOTICE of filing of Supplemental Authority by Timothy Geithner, Kathleen Sebelius, Hilda L Solis, United States Department of Health and Human Services, United States Department of Labor, United States Department of Treasury re 16 MOTION for preliminary injunction (Attachments: # 1 Exhibit : Korte Decision)(Bennett, Michelle) (Entered: 12/18/2012)

1 Exhibit : Korte Decision

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Dec. 18, 2012

Dec. 18, 2012

PACER
36

NOTICE of filing Plaintiffs' Response to Defendants' Notice of Supplemental Authority by American Pulverizer Co., City Welding, Henry Greisedieck, Paul Griesedieck, Hustler Conveyor Co., Springfield Iron and Metal, LLC re 35 Notice of filing, (Surtees, Geoffrey) (Entered: 12/18/2012)

Dec. 18, 2012

Dec. 18, 2012

PACER
37

Minute Entry. Proceedings held before District Judge Richard E. Dorr: TELEPHONE CONFERENCE held on 12/19/2012. To order a transcript of this hearing please contact Jeannine Rankin, 417-225-7713. (Burch, C. Steve) (Entered: 12/20/2012)

Dec. 19, 2012

Dec. 19, 2012

PACER
38

ORDER granting 16 Motion for Preliminary Injunction. (Schroeppel, Kerry) (Entered: 12/20/2012)

Dec. 20, 2012

Dec. 20, 2012

PACER
39

ELECTRONIC TRANSCRIPT of Teleconference held December 19, 2012 before Judge Richard E. Dorr. Court Reporter: Jeannine Rankin, 417-225-7713, jeannine_rankin@mow.uscourts.gov. Number of pages: 10. NOTICE RE: REDACTION OF TRANSCRIPTS: Within 7 calendar days of this filing, each party shall inform the Court, by filing a Notice of Redaction, of the parties' intent to redact personal data identifiers from the electronic transcript of the court proceeding. The policy is located on our website at www.mow.uscourts.gov. Please read this policy carefully. NOTICE: Attorneys must contact the court reporter for copies during this 90 day period. Notice of Intent to File Redaction of Transcripts due by 1/10/2013. Release of Transcript Restriction set for 4/4/2013.(Rankin, Jeannine) (Entered: 01/02/2013)

Jan. 2, 2013

Jan. 2, 2013

PACER
40

Joint MOTION for extension of time for defendants to respond to the complaint and extension of other deadlines filed by Michelle Bennett on behalf of All Defendants. Suggestions in opposition/response due by 1/28/2013 unless otherwise directed by the court. (Bennett, Michelle) (Entered: 01/11/2013)

Jan. 11, 2013

Jan. 11, 2013

PACER
41

ORDER granting 40 Motion for Extension of Time, ddl to respond to complaint extended to 2/25/2013, proposed scheduling order and ddl to submit initial disclosures extended to 3/18/2013. (Schroeppel, Kerry) (Entered: 01/16/2013)

Jan. 16, 2013

Jan. 16, 2013

PACER
42

NOTICE OF APPEAL as to 38 Order on Motion for Preliminary Injunction by Timothy Geithner, Kathleen Sebelius, Hilda L Solis, United States Department of Health and Human Services, United States Department of Labor, United States Department of Treasury. (Bennett, Michelle) (Entered: 02/19/2013)

Feb. 19, 2013

Feb. 19, 2013

PACER
43

Joint MOTION to stay district court proceedings pending appeal filed by Michelle Bennett on behalf of All Defendants. Suggestions in opposition/response due by 3/8/2013 unless otherwise directed by the court. (Bennett, Michelle) (Entered: 02/19/2013)

Feb. 19, 2013

Feb. 19, 2013

PACER
44

TRANSMISSION of Notice of Appeal Supplement to US Court of Appeals, 8th Circuit via electronic mail. Related document 42 Notice of Appeal,. (Howard, Linda) (Entered: 02/20/2013)

Feb. 20, 2013

Feb. 20, 2013

PACER
45

ORDER granting 43 Joint Motion to Stay, case stayed pending resolution of interlocutory appeal. (Schroeppel, Kerry) (Entered: 02/20/2013)

Feb. 20, 2013

Feb. 20, 2013

PACER
46

TRANSFER ORDER. Due to the death of Judge Dorr, this case has been reassigned to Robert T Dawson for all further proceedings. (Attachments: # 1 Civil Cases) (Williams, Karyn) (Entered: 06/05/2013)

1 Civil Cases

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June 5, 2013

June 5, 2013

PACER
47

NOTICE of change of address by Edward L. White, III (White, Edward) (Entered: 07/06/2013)

July 6, 2013

July 6, 2013

PACER
48

ORDER TRANSFERRING/REASSIGNING CASE. Case reassigned to District Judge M. Douglas Harpool for all further proceedings. Robert T Dawson no longer assigned to case (Howard, Linda) (Entered: 04/21/2014)

April 21, 2014

April 21, 2014

PACER
49

NOTICE of change of address by Todd Nielsen (Nielsen, Todd) (Entered: 08/06/2014)

Aug. 6, 2014

Aug. 6, 2014

PACER
50

USCA Judgment as to 42 Notice of Appeal, filed by United States Department of Treasury, Timothy Geithner, Kathleen Sebelius, Hilda L Solis, United States Department of Health and Human Services, United States Department of Labor This is a preliminary judgment and/or opinion of U.S. Court of Appeals; jurisdiction is not recovered until the Mandate is issued by the U.S Court of Appeals. (Anderson, Christy) (Entered: 09/08/2014)

Sept. 8, 2014

Sept. 8, 2014

PACER
51

MANDATE of US COURT OF APPEALS as to 42 Notice of Appeal, filed by United States Department of Treasury, Timothy Geithner, Kathleen Sebelius, Hilda L Solis, United States Department of Health and Human Services, United States Department of Labor with mandate issued on 9/10/14. (Anderson, Christy) (Entered: 09/10/2014)

Sept. 10, 2014

Sept. 10, 2014

PACER
52

Rule 16 Notice. Proposed scheduling order due by 10/30/2014. Rule 26 conference due by 10/15/2014. Signed on 9/15/14 by District Judge M. Douglas Harpool. (View, Pat) (Entered: 09/15/2014)

Sept. 15, 2014

Sept. 15, 2014

PACER
53

NOTICE of filing Corporate Party Statement by American Pulverizer Co., City Welding, Henry Greisedieck, Paul Griesedieck, Hustler Conveyor Co., Springfield Iron and Metal, LLC (Surtees, Geoffrey) (Entered: 09/30/2014)

Sept. 30, 2014

Sept. 30, 2014

PACER
54

DISCLOSURE OF CORPORATE INTERESTS filed by Geoffrey R Surtees on behalf of Plaintiffs American Pulverizer Co., City Welding, Henry Greisedieck, Paul Griesedieck, Hustler Conveyor Co., Springfield Iron and Metal, LLC.(Surtees, Geoffrey) (Entered: 10/01/2014)

Oct. 1, 2014

Oct. 1, 2014

PACER
55

Joint MOTION for consent judgment filed by Michelle Bennett on behalf of All Defendants. Suggestions in opposition/response due by 11/3/2014 unless otherwise directed by the court. (Attachments: # 1 Proposed Injunction and Judgment)(Bennett, Michelle) (Entered: 10/15/2014)

1 Proposed Injunction and Judgment

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Oct. 15, 2014

Oct. 15, 2014

PACER
56

ORDER granting 55 motion for consent judgment. Signed on 10/30/2014 by District Judge M. Douglas Harpool. (Hance, Breanna) (Entered: 10/30/2014)

Oct. 30, 2014

Oct. 30, 2014

PACER
57

Joint MOTION for extension of time to file petition for attorney's fees and costs filed by Michelle Bennett on behalf of All Defendants. Suggestions in opposition/response due by 1/2/2015 unless otherwise directed by the court. (Bennett, Michelle) (Entered: 12/15/2014)

Dec. 15, 2014

Dec. 15, 2014

PACER
58

ORDER granting 57 motion for extension of time. Any petition for attorney's fees or costs in this matter shall be submitted to the Court on or before 1/28/2015. Signed on 12/15/2014 by District Judge M. Douglas Harpool. This is a TEXT ONLY ENTRY. No document is attached.(Hance, Breanna) (Entered: 12/15/2014)

Dec. 15, 2014

Dec. 15, 2014

PACER

Case Details

State / Territory: Missouri

Case Type(s):

Speech and Religious Freedom

Special Collection(s):

Contraception Insurance Mandate

Key Dates

Filing Date: Oct. 19, 2012

Closing Date: 2015

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Plaintiffs are business owners who oppose the use of contraception for religious reasons, and therefore object to the contraception mandate in the ACA.

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

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

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):

Free Exercise Clause

Freedom of speech/association

Availably Documents:

Trial Court Docket

Complaint (any)

Monetary Relief

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Attorneys fees

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