Case: O'Brien v. HHS

4:12-cv-00476 | U.S. District Court for the Eastern District of Missouri

Filed Date: March 15, 2012

Closed Date: 2014

Clearinghouse coding complete

Case Summary

On March 15, 2012, a Catholic business owner filed this lawsuit in the U.S. District Court for the Eastern District of Missouri 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 the American Center for Law & Justice and the Fidelis Center for Law and Policy, asked the court for both declaratory and injunctive r…

On March 15, 2012, a Catholic business owner filed this lawsuit in the U.S. District Court for the Eastern District of Missouri 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 the American Center for Law & Justice and the Fidelis Center for Law and Policy, 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 his religious freedom by requiring him to provide coverage for contraception through his business's group health insurance plan. Claiming that providing coverage for contraception would both contravene his Christian faith and compel speech contrary to his beliefs, the plaintiff sought an exemption from the ACA's contraception mandate for himself and other institutions with similar religious objections.

On May 21, 2012, the defendants moved to dismiss the case. The defendants argued that the plaintiff had not alleged any imminent injury, and that he thus lacked standing and had failed to state a legitimate claim. On June 11, 2012, the plaintiff filed an amended complaint, with additional facts supporting his allegation of imminent injury. The defendants moved to dismiss this amended complaint on the same grounds as the original complaint.

On September 28, 2012, the District Court (Judge Carol E. Jackson) granted the defendants' motion to dismiss the case for failure to state a claim upon which relief could be granted. Judge Jackson found that the contraceptive coverage mandate did not impose a substantial burden on the plaintiff's religious freedom, nor did it compel the plaintiff to speak, to subsidize speech, or to subsidize expressive conduct. O'Brien v. DHHS, 894 F. Supp. 2d 1149 (E.D. Mo. 2012).

The plaintiff appealed this dismissal to the Eighth Circuit Court of Appeals and moved for an injunction pending appeal. On November 28, the Eighth Circuit (unsigned, with Circuit Judge Morris S. Arnold dissenting) granted a stay pending appeal, without comment. Judges William Jay Riley, Steven M. Colloton, Jane Kelly heard oral argument on October 24, 2013. On September 8, 2014, the Eighth Circuit reversed the district court’s decision and remanded the case back for proceedings consistent with the recent Supreme Court’s decision in Burwell v. Hobby Lobby Stores. On November 12, 2014, the parties filed a joint motion for entry of injunction and judgment and sought a judgment in favor of plaintiffs on their RFRA claim, a permanent injunction, and to dismiss all other claims against the defendants. On November 12, 2014, the Court entered a judgment in favor of plaintiffs on claims under RFRA, permanently enjoined defendants from enforcing the disputed June 30, 2014 Contraceptive Coverage Requirement against the plaintiff, and dismissed all other claims against defendants.

This case is now closed.

Summary Authors

Hannah Swanson (5/27/2013)

Mallory Jones (11/26/2013)

Richard Jolly (4/5/2014)

MJ Koo (3/14/2017)

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People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4299048/parties/obrien-v-us-department-of-health-and-human-services/


Judge(s)

Jackson, Carol E. (Missouri)

Attorneys(s) for Plaintiff

Gillen, Patrick T. (Florida)

Manion, Francis J (Kentucky)

Rothert, Anthony [Tony] E. (Missouri)

Surtees, Geoffrey R. (Kentucky)

White, Edward L. III (Michigan)

Attorneys(s) for Defendant

Bennett, Michelle Renee (District of Columbia)

Branda, Joyce R. (District of Columbia)

Callahan, Richard G. (Missouri)

Jed, Adam C. (District of Columbia)

Judge(s)

Jackson, Carol E. (Missouri)

Attorneys(s) for Plaintiff

Gillen, Patrick T. (Florida)

Manion, Francis J (Kentucky)

Rothert, Anthony [Tony] E. (Missouri)

Surtees, Geoffrey R. (Kentucky)

White, Edward L. III (Michigan)

Attorneys(s) for Defendant

Bennett, Michelle Renee (District of Columbia)

Branda, Joyce R. (District of Columbia)

Callahan, Richard G. (Missouri)

Jed, Adam C. (District of Columbia)

Lieber, Sheila M. (District of Columbia)

Other Attorney(s)

Amiri, Brigitte A. (New York)

Doty, Grant R. (Missouri)

Documents in the Clearinghouse

Document

Docket [PACER]

Nov. 12, 2014 Docket
1

Complaint

O'Brien v. United States Department of Health and Human Services

March 15, 2012 Complaint
19

First Amended Complaint

O'Brien v. United States Department of Health and Human Services

June 11, 2012 Complaint
35

Brief of the Amici Curiae American Civil Liberties Union and American Civil Liberties of Eastern Missouri in Support of Defendants' Motion to Dismiss Plaintiffs' First Amended Complaint

O'Brien v. United States Department of Health and Human Services

Aug. 15, 2012 Pleading / Motion / Brief
39

Plaintiffs' Memorandum in Support of Preliminary Injunction

O'Brien v. United States Department of Health and Human Services

Aug. 23, 2012 Pleading / Motion / Brief
50

Memorandum and Order

O'Brien v. United States Department of Health and Human Services

894 F.Supp.2d 1149, 2012 WL 4481208

Sept. 28, 2012 Order/Opinion
4089108

Oral Argument Access

O'Brien v. Department of Health and Human Services

U. S. Court of Appeals for the Eighth Circuit

Oct. 24, 2013 Other
58

Opinion

O'Brien v. U.S. Department of Health and Human Services

U. S. Court of Appeals for the Eighth Circuit

766 F.3d 862

Sept. 8, 2014 Order/Opinion
62

Joint Motion for Entry of Injunction and Judgment

O'Brien v. United States Department of Health and Human Services

Nov. 10, 2014 Pleading / Motion / Brief
64

Injunction and Judgment

O'Brien v. United States Department of Health and Human Services

Nov. 12, 2014 Order/Opinion

Resources

Title Description External URL

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4299048/obrien-v-us-department-of-health-and-human-services/

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

ECF Number Description Date Link
1

COMPLAINT against defendant All Defendants with receipt number 0865-3191080, in the amount of $350 Non-Jury Demand,, filed by Frank R. O'Brien, O'Brien Industrial Holdings. (Attachments: # 1 Civil Cover Sheet, # 2 Original Filing Form, # 3 Summons, # 4 Summons, # 5 Summons)(Manion, Francis) (Entered: 03/15/2012)

1 Civil Cover Sheet

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2 Original Filing Form

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3 Summons

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4 Summons

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5 Summons

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March 15, 2012 PACER
2

DISCLOSURE OF CORPORATION INTERESTS CERTIFICATE by Plaintiffs Frank R. O'Brien, O'Brien Industrial Holdings. Parent companies: N/A, Subsidiaries: N/A, Publicly held company: N/A,. (Manion, Francis) (Entered: 03/15/2012)

March 15, 2012 PACER
3

MOTION for Leave to Appear Pro Hac Vice Francis J. Manion (Filing fee $100 receipt number 0865-3191171) by Plaintiffs Frank R. O'Brien, O'Brien Industrial Holdings. (Manion, Francis) (Entered: 03/15/2012)

March 15, 2012 PACER
4

MOTION for Leave to Appear Pro Hac Vice Geoffrey R. Surtees (Filing fee $100 receipt number 0865-3191188) by Plaintiffs Frank R. O'Brien, O'Brien Industrial Holdings. (Surtees, Geoffrey) (Entered: 03/15/2012)

March 15, 2012 PACER
5

MOTION for Leave to Appear Pro Hac Vice Edward White (Filing fee $100 receipt number 0865-3191812) by Plaintiffs Frank R. O'Brien, O'Brien Industrial Holdings. (White, Edward) (Entered: 03/15/2012)

March 15, 2012 PACER

Case Opening Notification Judge Assigned: Carol E. Jackson. (SAJ)

March 16, 2012 PACER

Summons Issued as to defendantTimothy F. Geithner, Kathleen Sebelius, Hilda L. Solis, U.S. Attorney and U.S. Attorney General. The summons was emailed to fmanion@aclj.org. (SAJ)

March 16, 2012 PACER
6

NOTICE OF PROCESS SERVER by Plaintiffs Frank R. O'Brien, Jr, O'Brien Industrial Holdings, LLC Process Server: U.S. Mail (Manion, Francis) Modified on 3/28/2012; Document deleted; filed incorrectly; See 8 ; [(DJO). (Entered: 03/27/2012)

March 27, 2012 PACER
7

MOTION for Leave to Appear Pro Hac Vice Patrick T. Gillen (Filing fee $100) by Plaintiffs Frank R. O'Brien, Jr, O'Brien Industrial Holdings, LLC. (KXS) (Entered: 03/27/2012)

March 27, 2012 PACER

Receipt 4644027473 in the amount of $100.00 for PRO HAC VICE on behalf of Patrick T. Gillen (CCAM)

March 27, 2012 PACER
8

SUMMONS Returned Executed (by certified mail) filed by O'Brien Industrial Holdings, LLC, Frank R. O'Brien, Jr. defendant U.S. Department of Health and Human Services, United States Department of Labor and United States Department of the Treasury served on 3/22/2012 by serving U.S. Attorney, answer due 5/21/2012. (Replaces document 6 which was filed incorrectly; ) (DJO) Modified on 3/29/2012 to edit text (DJO). (Entered: 03/28/2012)

March 27, 2012 PACER
9

SUMMONS Returned Executed filed by O'Brien Industrial Holdings, LLC, Frank R. O'Brien, Jr. defendantKathleen Sebelius served on 3/23/2012, answer due 5/22/2012; U.S. Department of Health and Human Services served on 3/23/2012, answer due 5/22/2012. (Manion, Francis) (Entered: 03/29/2012)

March 29, 2012 PACER
10

Docket Text ORDER: Re: 7 MOTION for Leave to Appear Pro Hac Vice Patrick T. Gillen (Filing fee $100) by Plaintiffs Frank R. O'Brien, Jr, O'Brien Industrial Holdings, LLC.; ORDERED GRANTED; Signed by Honorable Carol E. Jackson on 03/29/2012; (DJO) (Entered: 03/30/2012)

March 29, 2012 PACER

ORDER RECEIPT: (see receipt) Docket No: . #10 to parties not notified electronically Fri Mar 30 08:28:20 CDT 2012 (O'Leary, Deborah)

March 30, 2012 PACER
11

SUMMONS Returned Executed filed by O'Brien Industrial Holdings, LLC, Frank R. O'Brien, Jr. defendantHilda L. Solis served on 3/26/2012, answer due 5/25/2012; United States Department of Labor served on 3/26/2012, answer due 5/25/2012. (Manion, Francis) (Entered: 04/02/2012)

April 2, 2012 PACER
12

Docket Text ORDER: Re: 3 MOTION for Leave to Appear Pro Hac Vice Francis J. Manion (Filing fee $100 receipt number 0865-3191171) by Plaintiffs Frank R. O'Brien, O'Brien Industrial Holdings, 4 MOTION for Leave to Appear Pro Hac Vice Geoffrey R. Surtees (Filing fee $100 receipt number 0865-3191188) by Plaintiffs Frank R. O'Brien, O'Brien Industrial Holdings, 5 MOTION for Leave to Appear Pro Hac Vice Edward White (Filing fee $100 receipt number 0865-3191812) by Plaintiffs Frank R. O'Brien, O'Brien Industrial Holdings; ORDERED GRANTED; Signed by Honorable Carol E. Jackson on 04/04/2012; (DJO) (Entered: 04/04/2012)

April 4, 2012 PACER

ORDER RECEIPT: (see receipt) Docket No: . #12 to attorney not electronically notified Wed Apr 4 09:18:52 CDT 2012 (O'Leary, Deborah)

April 4, 2012 PACER
13

MOTION for Leave to File in Excess of Page Limitation by Defendants Timothy F. Geithner, Kathleen Sebelius, Hilda L. Solis, U.S. Department of Health and Human Services, United States Department of Labor, United States Department of the Treasury. (Bennett, Michelle) (Entered: 05/21/2012)

May 21, 2012 PACER
14

MOTION to Dismiss Case by Defendants Timothy F. Geithner, Kathleen Sebelius, Hilda L. Solis, U.S. Department of Health and Human Services, United States Department of Labor, United States Department of the Treasury. (Bennett, Michelle) (Entered: 05/21/2012)

May 21, 2012 PACER
15

MEMORANDUM in Support of Motion re 14 MOTION to Dismiss Case filed by Defendants Timothy F. Geithner, Kathleen Sebelius, Hilda L. Solis, U.S. Department of Health and Human Services, United States Department of Labor, United States Department of the Treasury. (Bennett, Michelle) (Entered: 05/21/2012)

May 21, 2012 PACER
16

Docket Text ORDER: Re: 13 MOTION for Leave to File in Excess of Page Limitation by Defendants Timothy F. Geithner, Kathleen Sebelius, Hilda L. Solis, U.S. Department of Health and Human Services, United States Department of Labor, United States Department of the Treasury ; ORDERED GRANTED. Signed by Honorable Carol E. Jackson on 5/22/12. (KXS) (Entered: 05/22/2012)

May 22, 2012 PACER
17

Joint MOTION for Extension of Time to File Response/Reply by Defendants Timothy F. Geithner, Kathleen Sebelius, Hilda L. Solis, U.S. Department of Health and Human Services, United States Department of Labor, United States Department of the Treasury, Plaintiffs Frank R. O'Brien, Jr, O'Brien Industrial Holdings, LLC. (Surtees, Geoffrey) (Entered: 05/23/2012)

May 23, 2012 PACER
18

Docket Text ORDER Re: 17 Joint MOTION for Extension of Time to File Response/Reply ; ORDERED GRANTED; Response due 6/15/2012; Reply due 7/10/2012. Signed by Honorable Carol E. Jackson on 5/24/2012. (KMS) (Entered: 05/24/2012)

May 24, 2012 PACER
19

AMENDED COMPLAINT against defendant All Defendants Amendment to 1 Complaint,, filed by O'Brien Industrial Holdings, LLC, Frank R. O'Brien, Jr. Related document: 1 Complaint, filed by Frank R. O'Brien, Jr., O'Brien Industrial Holdings, LLC.(Manion, Francis) (Entered: 06/11/2012)

June 11, 2012 PACER
20

RESPONSE to Motion re 14 MOTION to Dismiss Case filed by Plaintiffs Frank R. O'Brien, Jr, O'Brien Industrial Holdings, LLC. (Manion, Francis) (Entered: 06/12/2012)

June 12, 2012 RECAP
21

Joint MOTION for Extension of: Time and Briefing Schedule by Defendants Timothy F. Geithner, Kathleen Sebelius, Hilda L. Solis, U.S. Department of Health and Human Services, United States Department of Labor, United States Department of the Treasury. (Bennett, Michelle) (Entered: 06/28/2012)

June 28, 2012 PACER
22

Consent MOTION for Extension of: Time to File Motion to Dismiss by Defendants Timothy F. Geithner, Kathleen Sebelius, Hilda L. Solis, U.S. Department of Health and Human Services, United States Department of Labor, United States Department of the Treasury. (Bennett, Michelle) (Entered: 07/11/2012)

July 11, 2012 PACER
23

ORDER: IT IS HEREBY ORDERED that defendants motion for an extension of time until July 16, 2012 to file a motion to dismiss the amended complaint [#22] is granted. IT IS FURTHER ORDERED that plaintiffs shall have until August 7, 2012, to file a memorandum in opposition to defendants motion to dismiss. IT IS FURTHER ORDERED that defendants shall have until August 24, 2012, to file a reply. IT IS FURTHER ORDERED that the motion for an extension of time to respond to plaintiffs amended complaint [#21] is denied as moot. ORDER denied as moot 21 Motion for Extension ; granting 22 Motion for Extension Signed by Honorable Carol E. Jackson on 7/13/2012. (KMS) (Entered: 07/13/2012)

July 13, 2012 PACER
24

MOTION for Leave to File in Excess of Page Limitation by Defendants Timothy F. Geithner, Kathleen Sebelius, Hilda L. Solis, U.S. Department of Health and Human Services, United States Department of Labor, United States Department of the Treasury. (Bennett, Michelle) (Entered: 07/16/2012)

July 16, 2012 PACER
25

MOTION to Dismiss Case by Defendants Timothy F. Geithner, Kathleen Sebelius, Hilda L. Solis, U.S. Department of Health and Human Services, United States Department of Labor, United States Department of the Treasury. (Bennett, Michelle) (Entered: 07/16/2012)

July 16, 2012 PACER
26

MEMORANDUM in Support of Motion re 25 MOTION to Dismiss Case filed by Defendants Timothy F. Geithner, Kathleen Sebelius, Hilda L. Solis, U.S. Department of Health and Human Services, United States Department of Labor, United States Department of the Treasury. (Bennett, Michelle) (Entered: 07/16/2012)

July 16, 2012 PACER
27

Docket Text ORDER: GRANTING 24 MOTION for Leave to File in Excess of Page Limitation by Defendants Timothy F. Geithner, Kathleen Sebelius, Hilda L. Solis, U.S. Department of Health and Human Services, United States Department of Labor, United States Department of the Treasury.. Signed by Honorable Carol E. Jackson on 7/17/12. (KKS) (Entered: 07/17/2012)

July 17, 2012 PACER
28

MOTION to File Amicus Brief by Amicus Parties American Civil Liberties Union - Eastern Missouri, American Civil Liberties Union. (Attachments: # 1 Proposed Brief of Amici)(Rothert, Anthony) (Entered: 08/03/2012)

1 Proposed Brief of Amici

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Aug. 3, 2012 PACER
29

MOTION for Leave to Appear Pro Hac Vice Brigitte Amiri (Filing fee $100) by Amicus Parties American Civil Liberties Union, American Civil Liberties Union - Eastern Missouri. (KJS) (Entered: 08/03/2012)

Aug. 3, 2012 PACER

Receipt 4644029993 in the amount of $100.00 for PRO HAC VICE on behalf of Brigitte Amiri (CCAM)

Aug. 3, 2012 PACER
30

MOTION for Leave to File in Excess of Page Limitation by Plaintiffs Frank R. O'Brien, Jr, O'Brien Industrial Holdings, LLC. (Manion, Francis) (Entered: 08/06/2012)

Aug. 6, 2012 PACER
31

MEMORANDUM in Opposition re 25 MOTION to Dismiss Case filed by Plaintiffs Frank R. O'Brien, Jr, O'Brien Industrial Holdings, LLC. (Manion, Francis) (Entered: 08/06/2012)

Aug. 6, 2012 PACER
32

Docket Text ORDER Re: 30 MOTION for Leave to File in Excess of Page Limitation by Plaintiffs Frank R. O'Brien, Jr, O'Brien Industrial Holdings, LLC ; ORDERED GRANTED. Signed by District Judge Carol E. Jackson on 8/7/2012. (KMS) (Entered: 08/07/2012)

Aug. 7, 2012 PACER

ORDER RECEIPT: (see receipt) Docket No: 32. sent to parties not set up for electronic notification Tue Aug 7 10:46:54 CDT 2012 (Scheele, Kara)

Aug. 7, 2012 PACER
33

Docket Text ORDER Re: 29 MOTION for Leave to Appear Pro Hac Vice Brigitte Amiri (Filing fee $100) by Amicus Parties American Civil Liberties Union, American Civil Liberties Union - Eastern Missouri ; ORDERED GRANTED. Signed by District Judge Carol E. Jackson on 8/15/2012. (KMS) (Entered: 08/15/2012)

Aug. 15, 2012 PACER
34

Docket Text ORDER Re: 28 MOTION to File Amicus Brief by Amicus Parties American Civil Liberties Union - Eastern Missouri, American Civil Liberties Union; ORDERED GRANTED. Signed by District Judge Carol E. Jackson on 8/15/2012. (KMS) (Entered: 08/15/2012)

Aug. 15, 2012 PACER

ORDER RECEIPT: (see receipt) Docket No: 33, 34. sent to parties not set up for electronic notification Wed Aug 15 07:40:29 CDT 2012 (Scheele, Kara)

Aug. 15, 2012 PACER
35

Brief of the Amici Curiae American Civil Liberties Union and American Civil Liberties Union of Eastern Missouri in Support of Defendants' 25 motion to Dismiss Plaintiffs' First Amended Complaint filed by Amicus Parties American Civil Liberties Union, American Civil Liberties Union - Eastern Missouri. (KMS) (Entered: 08/15/2012)

Aug. 15, 2012 PACER
36

ENTRY of Appearance by Grant R. Doty for Amicus Parties American Civil Liberties Union, American Civil Liberties Union - Eastern Missouri. (Doty, Grant) (Entered: 08/20/2012)

Aug. 20, 2012 PACER
37

ENTRY of Appearance by Brigitte Amiri for Amicus Parties American Civil Liberties Union, American Civil Liberties Union - Eastern Missouri. (Amiri, Brigitte) (Entered: 08/21/2012)

Aug. 21, 2012 PACER
38

MOTION for Preliminary Injunction by Plaintiffs Frank R. O'Brien, Jr, O'Brien Industrial Holdings, LLC. (Manion, Francis) (Entered: 08/23/2012)

Aug. 23, 2012 PACER
39

MEMORANDUM in Support of Motion re 38 MOTION for Preliminary Injunction filed by Plaintiffs Frank R. O'Brien, Jr, O'Brien Industrial Holdings, LLC. (Attachments: # 1 Affidavit Declaration of Frank O'Brien, Jr., # 2 Text of Proposed Order Proposed Order)(Manion, Francis) (Entered: 08/23/2012)

1 Affidavit Declaration of Frank O'Brien, Jr.

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2 Text of Proposed Order Proposed Order

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Aug. 23, 2012 PACER
40

MOTION for Leave to File in Excess of Page Limitation by Plaintiffs Frank R. O'Brien, Jr, O'Brien Industrial Holdings, LLC. (Manion, Francis) (Entered: 08/23/2012)

Aug. 23, 2012 PACER
41

MOTION for Leave to File in Excess of Page Limitation by Defendants Timothy F. Geithner, Kathleen Sebelius, Hilda L. Solis, U.S. Department of Health and Human Services, United States Department of Labor, United States Department of the Treasury. (Bennett, Michelle) (Entered: 08/24/2012)

Aug. 24, 2012 PACER
42

REPLY to Response to Motion re 25 MOTION to Dismiss Case filed by Defendants Timothy F. Geithner, Kathleen Sebelius, Hilda L. Solis, U.S. Department of Health and Human Services, United States Department of Labor, United States Department of the Treasury. (Bennett, Michelle) (Entered: 08/24/2012)

Aug. 24, 2012 PACER
43

Docket Text ORDER Re: 41 MOTION for Leave to File in Excess of Page Limitation by Defendants Timothy F. Geithner, Kathleen Sebelius, Hilda L. Solis, U.S. Department of Health and Human Services, United States Department of Labor, United States Department of the Treasury, 40 MOTION for Leave to File in Excess of Page Limitation by Plaintiffs Frank R. O'Brien, Jr, O'Brien Industrial Holdings, LLC. ; ORDERED GRANTED. Signed by District Judge Carol E. Jackson on 8/27/2012. (KMS) (Entered: 08/27/2012)

Aug. 27, 2012 PACER
44

Consent MOTION for Extension of Time to File Response/Reply as to 38 MOTION for Preliminary Injunction by Defendants Timothy F. Geithner, Kathleen Sebelius, Hilda L. Solis, U.S. Department of Health and Human Services, United States Department of Labor, United States Department of the Treasury. (Bennett, Michelle) (Entered: 08/28/2012)

Aug. 28, 2012 PACER
45

Docket Text ORDER Re: 44 Consent MOTION for Extension of Time to File Response/Reply as to 38 MOTION for Preliminary Injunction by Defendants Timothy F. Geithner, Kathleen Sebelius, Hilda L. Solis, U.S. Department of Health and Human Services, United States Department of Labor, United States Department of the Treasury ; ORDERED GRANTED. Signed by District Judge Carol E. Jackson on 8/29/2012. (KMS) (Entered: 08/29/2012)

Aug. 29, 2012 PACER
46

MOTION for Leave to File in Excess of Page Limitation by Defendants Timothy F. Geithner, Kathleen Sebelius, Hilda L. Solis, U.S. Department of Health and Human Services, United States Department of Labor, United States Department of the Treasury. (Bennett, Michelle) (Entered: 09/14/2012)

Sept. 14, 2012 PACER
47

RESPONSE in Opposition re 38 MOTION for Preliminary Injunction filed by Defendants Timothy F. Geithner, Kathleen Sebelius, Hilda L. Solis, U.S. Department of Health and Human Services, United States Department of Labor, United States Department of the Treasury. (Bennett, Michelle) (Entered: 09/14/2012)

Sept. 14, 2012 PACER
48

Docket Text ORDER Re: 46 MOTION for Leave to File in Excess of Page Limitation by Defendants Timothy F. Geithner, Kathleen Sebelius, Hilda L. Solis, U.S. Department of Health and Human Services, United States Department of Labor, United States Department of the Treasury ; ORDERED GRANTED. Signed by District Judge Carol E. Jackson on 9/17/2012. (KMS) (Entered: 09/17/2012)

Sept. 17, 2012 PACER
49

REPLY to Response to Motion re 38 MOTION for Preliminary Injunction filed by Plaintiffs Frank R. O'Brien, Jr, O'Brien Industrial Holdings, LLC. (Manion, Francis) (Entered: 09/24/2012)

Sept. 24, 2012 PACER
50

MEMORANDUM AND ORDER - IT IS HEREBY ORDERED that the defendants motion to dismiss all counts of plaintiffs Amended Complaint pursuant to Federal Rules of Civil Procedure 12(b)(1) and 12(b)(6) is granted. An Order of Dismissal will be filed separately. Signed by District Judge Carol E. Jackson on 9/28/12. (KJS) (Main Document replaced on 9/28/2012 to correct PDF, NEF regenerated) (KJS). (Entered: 09/28/2012)

Sept. 28, 2012 RECAP
51

ORDER OF DISMISSAL - IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that this action is dismissed for failure to state a claim upon which relief may be granted and for lack of subject matter jurisdiction. The plaintiffs shall bear the costs. Signed by District Judge Carol E. Jackson on 9/28/12. (KJS) (Entered: 09/28/2012)

Sept. 28, 2012 PACER
52

NOTICE OF APPEAL as to 50 Memorandum & Order, 51 Order of Dismissal (case - Stipulation of Dismissal), by Plaintiffs Frank R. O'Brien, Jr, O'Brien Industrial Holdings, LLC. Filing fee $ 455, receipt number 0865-3488658. (Attachments: # 1 Attachment Form A, # 2 Attachment Form B) (Entered: 10/01/2012)

1 Attachment Form A

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2 Attachment Form B

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Oct. 1, 2012 PACER
53

NOTIFICATION OF APPEAL AND NOA SUPPLEMENT by clerk to USCA regarding 50 Memorandum & Order, 51 Order of Dismissal (case - Stipulation of Dismissal),. Notice of Appeal filed on 10/1/12. NOTIFICATION TO COUNSEL AND PRO SE PARTY: FILE REQUEST FOR TRANSCRIPT WITH DISTRICT COURT CLERKS OFFICE. SUBMIT FORM A & B TO EIGHTH CIRCUIT CLERKS OFFICE(BAK) (Entered: 10/02/2012)

Oct. 2, 2012 PACER
54

LETTER from USCA re 52 Notice of Appeal, : USCA Appeal #: 12-3357; (DJO) (Entered: 10/04/2012)

Oct. 4, 2012 RECAP
55

Initial Notification and or Briefing Schedule from USCA for 52 Notice of Appeal, filed by Frank R. O'Brien, Jr., O'Brien Industrial Holdings, LLC USCA Appeal Number: 12-3357 Method of Appendix due: 10/18/2012 Notice of Appeal forwarded to panel: No Designation of record due: 10/18/2012; (DJO) (Entered: 10/04/2012)

Oct. 4, 2012 PACER
56

NOTICE No Transcript Order: by Plaintiffs Frank R. O'Brien, Jr, O'Brien Industrial Holdings, LLC re 52 Notice of Appeal, 53 Notification of Appeal and NOA Supplement, (Manion, Francis) (Entered: 10/11/2012)

Oct. 11, 2012 PACER
57

NOTICE of Change of Address filed by Edward L. White, III (White, Edward) (Entered: 07/06/2013)

July 6, 2013 PACER
58

OPINION from USCA re 52 Notice of Appeal, : USCA Appeal #: 12-3357 We reverse the Federal Rule of Civil Procedure 12(b) (6) dismissal of the appellants' RFRA claim, vacate the dismissal of the appellants' remaining claims without expressing any view on the merits, and remand for further proceedings consistant with Hobby Lobby. (KJS) (Entered: 09/08/2014)

Sept. 8, 2014 RECAP
59

USCA JUDGMENT as to 52 Notice of Appeal, filed by Frank R. O'Brien, Jr., O'Brien Industrial Holdings, LLC (KJS) (Entered: 09/08/2014)

Sept. 8, 2014 PACER
60

MANDATE of USCA as to 52 Notice of Appeal, filed by Frank R. O'Brien, Jr., O'Brien Industrial Holdings, LLC USCA #:12-3357(KJS) (Entered: 10/30/2014)

Oct. 30, 2014 PACER
61

RULE 16 ORDER Rule 16 Conference set for 11/24/2014 02:00 PM in Telephone before District Judge Carol E. Jackson. Joint Proposed Scheduling Plan Due: No later than seven days before the scheduling conference. Signed by District Judge Carol E. Jackson on 10/31/2014. (KMS) (Entered: 10/31/2014)

Oct. 31, 2014 PACER
62

Joint MOTION to Approve Consent Judgment by Defendants Timothy F. Geithner, Kathleen Sebelius, Hilda L. Solis, U.S. Department of Health and Human Services, United States Department of Labor, United States Department of the Treasury. (Attachments: # 1 Text of Proposed Order)(Bennett, Michelle) (Entered: 11/10/2014)

1 Text of Proposed Order

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Nov. 10, 2014 RECAP
63

ORDER: IT IS HEREBY ORDERED that the parties joint motion for entry of injunction and judgment [Doc. # 62] is granted. IT IS FURTHER ORDERED that the Rule 16 scheduling conference is cancelled. Signed by District Judge Carol E. Jackson on 11/12/2014. (KMS) (Entered: 11/12/2014)

Nov. 12, 2014 PACER
64

INJUNCTION AND JUDGMENT; SO ORDERED. Signed by District Judge Carol E. Jackson on 11/12/2014. (KMS) (Entered: 11/12/2014)

Nov. 12, 2014 RECAP

State / Territory: Missouri

Case Type(s):

Speech and Religious Freedom

Special Collection(s):

Contraception Insurance Mandate

Key Dates

Filing Date: March 15, 2012

Closing Date: 2014

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):

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

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)

Non-settlement Outcome

Any published opinion

Outcome

Prevailing Party: Mixed

Nature of Relief:

None

Source of Relief:

None

Issues

General:

Contraception

Religious programs / policies

Discrimination-basis:

Religion discrimination

Type of Facility:

Non-government for profit