Case: Weingartz Supply Co. v. Sebelius

2:12-cv-12061 | U.S. District Court for the Eastern District of Michigan

Filed Date: May 7, 2012

Closed Date: 2018

Clearinghouse coding complete

Case Summary

On May 7, 2012, (1) Legatus, an organization of Catholic business persons and their spouses, together with (2) Weingartz Supply Co., a for-profit business and (3) its owner, Daniel Weingartz, also a Legatus member, filed this lawsuit in the U.S. District Court for the Eastern District of Michigan. The plaintiffs sued the federal government under 42 U.S.C. §1983, the Administrative Procedures Act (APA), and the Religious Freedom Restoration Act (RFRA). The plaintiffs, represented by private coun…

On May 7, 2012, (1) Legatus, an organization of Catholic business persons and their spouses, together with (2) Weingartz Supply Co., a for-profit business and (3) its owner, Daniel Weingartz, also a Legatus member, filed this lawsuit in the U.S. District Court for the Eastern District of Michigan. The plaintiffs sued the federal government under 42 U.S.C. §1983, the Administrative Procedures Act (APA), and the Religious Freedom Restoration Act (RFRA). The plaintiffs, represented by private counsel and Thomas More Law Center, a Catholic non-profit legal service, claimed that the Affordable Care Act (ACA) mandate that required employers to provide health insurance coverage of contraception violated the owners' religious beliefs. The plaintiffs sought both declaratory and injunctive relief, specifically an exemption from the ACA's contraception mandate for themselves and other business owners with similar religious objections. The case was assigned to District Judge Robert H. Cleland.

On Oct. 31, 2012, the court granted a preliminary injunction as to Weingartz Supply Co. and its owner, but denied without prejudice Legatus's injunction motion, finding that as a Catholic non-profit organization, Legatus did not have standing to challenge the contraceptive mandate because it was protected by a temporary safe harbor while the Government amended the final regulations regarding the religious employer exemption. The court also instructed the Government to file monthly reports on the status of the amendment process. Legatus v. Sebelius, 901 F. Supp. 2d 980 (E.D. Mich. 2012).

The defendants appealed the Weingartz Supply Co. preliminary injunction order to the U.S. Court of Appeals for the Sixth Circuit (Docket No. 13-01092), and Legatus appealed the denial of its motion for an injunction (Docket No. 13-01093). The Sixth Circuit consolidated the appeals. On Jan. 28, 2013, all of the defendants jointly moved to stay the district court proceedings pending the appeals, and Judge Cleland granted the motion three days later.

The Government published the amended final regulations of the ACA on July 2, 2013. Legatus voluntarily dismissed its appeal and moved to lift the stay. On Aug. 9, 2013, the district court lifted the stay and reopened the case only with respect to Legatus and the defendants.

On Aug. 30, 2013, Legatus amended its complaint to challenge the updated regulations. Legatus argued that the accommodations put forth in the amended regulation required the plaintiffs to provide self-certification to their insurance provider setting forth their religious objections, which in turn would trigger an obligation on the part of the insurance provider to procure the disputed services. On Sept. 20, 2013, Legatus moved for a preliminary injunction against enforcement of the relevant provisions of the ACA under the RFRA.

On Oct. 1, 2013, the Sixth Circuit granted the defendants-appellants' motion to waive oral argument. The panel requested that the parties file supplemental briefs by Oct. 15, 2013, addressing the effect of Autocam Corp. v. Sebelius, 730 F.3d 618 (6th Cir. 2013), a recent Sixth Circuit decision, on the appeal.

On Dec. 20, 2013, Judge Cleland granted Legatus' motion for a preliminary injunction. The court found that the defendant's stated interests of promoting public health generally and promoting gender equality, while compelling, were not directly related to promoting the specific interests asserted in this litigation. Likewise, the contraception mandate was not the least restrictive means of furthering that interest. Finally, the court found that a failure to grant a preliminary injunction would result in irreparable harm to Legatus.

On Feb. 12, 2014, the defendants moved for an interlocutory appeal of the district court's ruling.

On Apr. 7, 2014, the defendants moved to consolidate the two new appeals with Ave Maria Foundation v. Sebelius and to hold briefing in abeyance pending the resolution of Catholic Diocese of Nashville v. Sebelius, No. 13-6440, and Michigan Catholic Conference v. Sebelius, No. 13-2373, two appeals presenting substantially the same questions of law already pending before the Sixth Circuit and scheduled for oral argument on May 8, 2013. On May 5, 2014, the Sixth Circuit granted the motion.

The Sixth Circuit issued a decision in Michigan Catholic Conference v. Sebelius on June 11, 2014. In an opinion by Circuit Judge Karen Nelson Moore, the court affirmed the district judge's denial of a preliminary injunction to all plaintiffs. The opinion found that organizations exempt from the contraception mandate faced no burden on their exercise of their religion, and therefore were unlikely to succeed in proving a violation of the Religious Freedom Restoration Act. And organizations eligible to receive an "accommodation" under the law needed only to provide a "self-certification" that documented that they had a religious objection. This self-certification did not constitute an unlawful religious burden. For similar reasons, the law did not violate the First Amendment's free speech, free exercise, or establishment clauses. Michigan Catholic Conference v. Burwell, 755 F.3d 372 (6th Cir. 2014).

However, on June 30, 2014, the Supreme Court issued a decision in Burwell v. Hobby Lobby Stores, Inc., 134 S. Ct. 2751 (2014), a substantially similar case. In a 5-4 opinion by Justice Alito, the Court held that the HHS regulations imposing the contraceptive mandate violated RFRA, when applied to closely-held for-profit corporations. 

In light of this decision, on Dec. 31, 2014, the District Court entered an injunction and judgment in favor of Weingartz Supply Co. and its owner. The injunction prevented the government from enforcing the contraceptive coverage mandate as it existed on June 30, 2014, against the corporate entity and its owner, and directed the parties to come to an agreement on attorneys' fees and costs. The ruling did not impact Legatus' claims.



On Apr. 15, 2015, Weingartz Supply Co. and its owner notified the district court that they had reached an agreement on attorneys' fees and costs - they did not specify the details of the agreement - and that no further proceedings were necessary.

In the Sixth Circuit, the plaintiffs in the consolidated appeal moved for voluntary dismissal of their appeals, which the Sixth Circuit panel granted on Nov. 9, 2017.

On Feb. 2, 2018, all plaintiffs filed a stipulation of dismissal in district court, and it appears the case is now closed.

Summary Authors

Hannah Swanson (5/27/2013)

Mallory Jones (11/26/2013)

Kate Craddock (2/29/2016)

Elizabeth Greiter (3/20/2018)

Related Cases

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

Autocam Corp. v. Sebelius, Western District of Michigan (2012)

Michigan Catholic Conference v. Sebelius, Western District of Michigan (2013)

Roman Catholic Diocese of Nashville v. Sebelius, Middle District of Tennessee (2013)

The Ave Maria Foundation v. Sebelius, Eastern District of Michigan (2013)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/5244557/parties/weingartz-supply-company-v-sebelius/


Judge(s)

Cleland, Robert Hardy (Michigan)

Hluchaniuk, Michael J. (Michigan)

Attorneys(s) for Plaintiff

LiMandri, Charles Salvatore (California)

Mendoza, Teresa (California)

Mersino, Erin Elizabeth (Michigan)

Thompson, Richard (Michigan)

Attorneys(s) for Defendant

Bennett, Michelle Renee (District of Columbia)

Davis, Ethan P. (District of Columbia)

Other Attorney(s)

Active

Active

Judge(s)

Cleland, Robert Hardy (Michigan)

Hluchaniuk, Michael J. (Michigan)

Attorneys(s) for Plaintiff

LiMandri, Charles Salvatore (California)

Mendoza, Teresa (California)

Mersino, Erin Elizabeth (Michigan)

Thompson, Richard (Michigan)

Attorneys(s) for Defendant

Bennett, Michelle Renee (District of Columbia)

Davis, Ethan P. (District of Columbia)

Other Attorney(s)

Amiri, Brigitte A. (New York)

Bursch, John J. (Michigan)

Lee, Jennifer (New York)

Mehta, Sarah L. (Michigan)

Moss, Kary L. (Michigan)

Restuccia, B. Eric (Michigan)

Schuette, Bill (Michigan)

Steinberg, Michael J. (Michigan)

Documents in the Clearinghouse

Document

2:12-cv-12061

Docket [PACER]

Weingartz Supply Company v. Sebelius

Feb. 2, 2018

Feb. 2, 2018

Docket
1

2:12-cv-12061

Complaint

Legatus v. Sebelius

May 7, 2012

May 7, 2012

Complaint
9

2:12-cv-12061

Notice of Motion and Brief for Temporary Restraining Order

Legatus v. Sebelius

July 25, 2012

July 25, 2012

Notice Letter
13

2:12-cv-12061

Motion and Brief for Preliminary Injunction Pursuant to Fed. R. Civ. P. 65(a)

Legatus v. Sebelius

Aug. 15, 2012

Aug. 15, 2012

Pleading / Motion / Brief
22

2:12-cv-12061

Amici Curiae Brief of the American Civil Liberties Union and the American Civil Liberties Fund of Michigan in Opposition to Plaintiffs' Motion for Preliminary Injunction

Legatus v. Sebelius

Sept. 17, 2012

Sept. 17, 2012

Pleading / Motion / Brief
35

2:12-cv-12061

Attorney General Bill Schuette's Amicus Brief in Support of Plaintiffs' Motion for Preliminary Injunction

Legatus v. Sebelius

Sept. 28, 2012

Sept. 28, 2012

Pleading / Motion / Brief
39

2:12-cv-12061

Order Granting Daniel Weingartz and Weingartz Supply Company's Motion for Preliminary Injunction and Denying Without Prejudice Plaintiff Legatus's Motion for Preliminary Injunction

Legatus v. Sebelius

Oct. 31, 2012

Oct. 31, 2012

Order/Opinion
53

2:12-cv-12061

Order Granting Stay of District Court Proceedings and Administratively Closing Case

Legatus v. Sebelius

Jan. 31, 2013

Jan. 31, 2013

Order/Opinion
006111785415

13-01093

13-01092

Order

Legatus v. Sebelius

U. S. Court of Appeals for the Sixth Circuit

Aug. 14, 2013

Aug. 14, 2013

Order/Opinion
64

2:12-cv-12061

First Amended Complaint

Weingartz Supply Company v. Sebelius

Aug. 30, 2013

Aug. 30, 2013

Complaint

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/5244557/weingartz-supply-company-v-sebelius/

Last updated May 29, 2022, 3:12 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT Legatus et al v. Sebelius et al filed by All Plaintiffs against All Defendants. Plaintiff requests summons issued. Receipt No: 0645-3520228 - Fee: $ 350. County of 1st Plaintiff: Washtenaw - County Where Action Arose: Washtenaw - County of 1st Defendant: Washington D.C.. [Previously dismissed case: No] [Possible companion case(s): None] (Mersino, Erin) (Entered: 05/07/2012)

May 7, 2012

May 7, 2012

PACER

A United States Magistrate Judge of this Court is available to conduct all proceedings in this civil action in accordance with 28 U.S.C. 636c and FRCP 73. The Notice, Consent, and Reference of a Civil Action to a Magistrate Judge form is available for download at http://www.mied.uscourts.gov (KKra)

May 8, 2012

May 8, 2012

PACER
2

SUMMONS Issued for * All Defendants * (KKra) (Entered: 05/08/2012)

May 8, 2012

May 8, 2012

PACER
3

SUMMONS Issued for the United States Attorney and the Office of the Attorney General. (KKra) (Entered: 05/08/2012)

May 8, 2012

May 8, 2012

PACER
4

STATEMENT of DISCLOSURE of CORPORATE AFFILIATIONS and FINANCIAL INTEREST by Legatus (Mersino, Erin) (Entered: 05/09/2012)

May 9, 2012

May 9, 2012

PACER
5

STATEMENT of DISCLOSURE of CORPORATE AFFILIATIONS and FINANCIAL INTEREST by Weingartz Supply Company (Mersino, Erin) (Entered: 05/09/2012)

May 9, 2012

May 9, 2012

PACER
6

CERTIFICATE OF SERVICE by All Plaintiffs Service of Summons and Complaint upon U.S.Attorney General; U.S. Attorneys Office; Kathleen Sebelius and Dept of Health and Human Services; Hilda Solis and Dept of Labor; Timothy Geithner and U.S. Dept of Treasury (Mersino, Erin) (Entered: 06/22/2012)

June 22, 2012

June 22, 2012

PACER
7

NOTICE of Appearance by Ethan P. Davis on behalf of 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. (Davis, Ethan) (Entered: 06/25/2012)

June 25, 2012

June 25, 2012

PACER
8

STIPULATED ORDER for Extension of Time to Respond to the Complaint, ( Responses due by 8/9/2012) Signed by District Judge Robert H. Cleland. (LWag) (Entered: 07/11/2012)

July 11, 2012

July 11, 2012

PACER
9

Emergency MOTION for Temporary Restraining Order by All Plaintiffs. (Attachments: # 1 Index of Exhibits Index of Exhibits, # 2 Exhibit Exhibit 1, # 3 Exhibit Exhibit 2, # 4 Exhibit Exhibit 3, # 5 Exhibit Exhibit 4, # 6 Exhibit Exhibit 5, # 7 Exhibit Exhibit 6) (Mersino, Erin) (Entered: 07/25/2012)

1 Index of Exhibits Index of Exhibits

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2 Exhibit Exhibit 1

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3 Exhibit Exhibit 2

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4 Exhibit Exhibit 3

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5 Exhibit Exhibit 4

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6 Exhibit Exhibit 5

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7 Exhibit Exhibit 6

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July 25, 2012

July 25, 2012

PACER

Set Deadlines/Hearings: Telephone Conference set for 7/27/2012 10:30 AM before District Judge Robert H. Cleland THE COURT WILL INITIATE THE CALL (LWag)

July 26, 2012

July 26, 2012

PACER

Minute Entry - Telephone Conference held on 7/27/2012, Set Deadlines/Hearings:( Telephone Conference set for 7/27/2012 03:30 PM before District Judge Robert H. Cleland) before District Judge Robert H. Cleland. Disposition: Continued to 7/27/2012 at 3:30 pm (LWag)

July 27, 2012

July 27, 2012

PACER

Minute Entry - Telephone Conference held on 7/27/2012 before District Judge Robert H. Cleland. Disposition: Discussion of TRO Motion with parties. Parties agreed to work towards stand-still order and briefing schedule. (LWag)

July 27, 2012

July 27, 2012

PACER
10

NOTICE by All Plaintiffs Notice of Additional Citation (Attachments: # 1 Exhibit) (Mersino, Erin) (Entered: 07/30/2012)

1 Exhibit

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July 30, 2012

July 30, 2012

PACER
11

ORDER Directing Plaintiffs to File Motion for Preliminary Injunction, Setting Briefing Schedule and Hearing., ( Motion for Preliminary Injunction due by 8/15/2012, Responses due by 8/29/2012, Replies due by 9/6/2012, Motion Hearing set for 9/26/2012 10:00 AM before District Judge Robert H. Cleland) Signed by District Judge Robert H. Cleland. (LWag) (Entered: 08/07/2012)

Aug. 7, 2012

Aug. 7, 2012

RECAP
12

STIPULATED ORDER For Extension of Time to Respond to Complaint until after the Court decides the motion for preliminary injunction. Signed by District Judge Robert H. Cleland. (LWag) (Entered: 08/15/2012)

Aug. 15, 2012

Aug. 15, 2012

PACER
13

MOTION for Preliminary Injunction by All Plaintiffs. (Attachments: # 1 Index of Exhibits Index of Exhibits, # 2 Exhibit Exhibit 1, # 3 Exhibit Exhibit 2, # 4 Exhibit Exhibit 3, # 5 Exhibit Exhibit 4, # 6 Exhibit Exhibit 5, # 7 Exhibit Exhibit 6, # 8 Exhibit Exhibit 7, # 9 Exhibit Exhibit 8) (Mersino, Erin) (Entered: 08/15/2012)

1 Index of Exhibits Index of Exhibits

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2 Exhibit Exhibit 1

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3 Exhibit Exhibit 2

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4 Exhibit Exhibit 3

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5 Exhibit Exhibit 4

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6 Exhibit Exhibit 5

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7 Exhibit Exhibit 6

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8 Exhibit Exhibit 7

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9 Exhibit Exhibit 8

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Aug. 15, 2012

Aug. 15, 2012

PACER

Set/Reset Deadlines as to 13 MOTION for Preliminary Injunction. Motion Hearing re-set for 9/28/2012 09:30 AM before District Judge Robert H. Cleland (LWag)

Aug. 16, 2012

Aug. 16, 2012

PACER
14

RESPONSE to 13 MOTION for Preliminary Injunction filed 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. (Davis, Ethan) (Entered: 08/29/2012)

Aug. 29, 2012

Aug. 29, 2012

PACER
15

MOTION for Leave to File Amicus Brief by American Civil Liberties Union. (Attachments: # 1 Exhibit A - Proposed Amicus Brief) (Amiri, Brigitte) (Entered: 08/30/2012)

1 Exhibit A - Proposed Amicus Brief

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Aug. 30, 2012

Aug. 30, 2012

PACER
16

NOTICE of Appearance by Brigitte A. Amiri on behalf of American Civil Liberties Union. (Amiri, Brigitte) (Entered: 08/30/2012)

Aug. 30, 2012

Aug. 30, 2012

PACER
17

STATEMENT of DISCLOSURE of CORPORATE AFFILIATIONS and FINANCIAL INTEREST by American Civil Liberties Union identifying Corporate Parent American Civil Liberties Union, Other Affiliate American Civil Liberties Union Fund of Michigan for American Civil Liberties Union. (Amiri, Brigitte) (Entered: 08/30/2012)

Aug. 30, 2012

Aug. 30, 2012

PACER
18

APPLICATION to File a Reply Brief In Excess of Fifteen Pages by All Plaintiffs. (Mersino, Erin) (Entered: 09/05/2012)

Sept. 5, 2012

Sept. 5, 2012

PACER
19

REPLY to Response re 13 MOTION for Preliminary Injunction filed by All Plaintiffs. (Mersino, Erin) (Entered: 09/06/2012)

Sept. 6, 2012

Sept. 6, 2012

PACER

TEXT-ONLY ORDER GRANTING 18 Application to File Excess Pages filed by Weingartz Supply Company, Daniel Weingartz, Legatus. Signed by District Judge Robert H. Cleland. (LWag)

Sept. 7, 2012

Sept. 7, 2012

PACER
20

ORDER granting 15 American Civil Liberties Union and the American Civil Liberties Union Fund of Michigan Motion for Leave to File an Amicus Curiae Brief, Brief to be filed by 9/20/2012. Signed by District Judge Robert H. Cleland. (LWag) (Entered: 09/17/2012)

Sept. 17, 2012

Sept. 17, 2012

PACER
21

ORDER terminating 9 Plaintiff's Emergency Motion for TRO. Signed by District Judge Robert H. Cleland. (LWag) (Entered: 09/17/2012)

Sept. 17, 2012

Sept. 17, 2012

RECAP
22

Amicus Curiae BRIEF by American Civil Liberties Union (Amiri, Brigitte) (Entered: 09/17/2012)

Sept. 17, 2012

Sept. 17, 2012

PACER
23

NOTICE of Appearance by Michael J. Steinberg on behalf of American Civil Liberties Union. (Steinberg, Michael) Modified on 9/18/2012 (DTyl). [INCORRECT IMAGE UPLOADED; CORRECTED APPEARANCE TO BE RE-FILED] (Entered: 09/18/2012)

Sept. 18, 2012

Sept. 18, 2012

PACER
24

NOTICE of Appearance by Michael J. Steinberg on behalf of American Civil Liberties Union. (Steinberg, Michael) (Entered: 09/18/2012)

Sept. 18, 2012

Sept. 18, 2012

PACER
25

NOTICE of Appearance by Sarah L. Mehta on behalf of American Civil Liberties Union. (Mehta, Sarah) (Entered: 09/21/2012)

Sept. 21, 2012

Sept. 21, 2012

PACER
26

ATTORNEY APPEARANCE: Robert C. Davis appearing on behalf of Bioethics Defense Fund, Life Legal Defense Foundation (Davis, Robert) (Entered: 09/24/2012)

Sept. 24, 2012

Sept. 24, 2012

PACER
27

MOTION for Leave to File Amicus Brief by Bioethics Defense Fund, Life Legal Defense Foundation. (Davis, Robert) (Entered: 09/24/2012)

Sept. 24, 2012

Sept. 24, 2012

PACER
28

Amicus Curiae BRIEF by Bioethics Defense Fund, Life Legal Defense Foundation (Davis, Robert) (Entered: 09/24/2012)

Sept. 24, 2012

Sept. 24, 2012

PACER
29

STATEMENT of DISCLOSURE of CORPORATE AFFILIATIONS and FINANCIAL INTEREST by Bioethics Defense Fund (Davis, Robert) (Entered: 09/24/2012)

Sept. 24, 2012

Sept. 24, 2012

PACER
30

STATEMENT of DISCLOSURE of CORPORATE AFFILIATIONS and FINANCIAL INTEREST by Life Legal Defense Foundation (Davis, Robert) (Entered: 09/24/2012)

Sept. 24, 2012

Sept. 24, 2012

PACER
31

NOTICE of Appearance by Michelle R. Bennett on behalf of All Defendants. (Bennett, Michelle) (Entered: 09/24/2012)

Sept. 24, 2012

Sept. 24, 2012

PACER
32

ORDER granting 27 Bioethics Defense Fund and the Life Legal Foundation's Motion for Leave to File Amicus Curiae brief. Signed by District Judge Robert H. Cleland. (LWag) (Entered: 09/26/2012)

Sept. 26, 2012

Sept. 26, 2012

PACER
33

MOTION for Leave to File Amicus Brief by Bill Schuette. (Attachments: # 1 Document Continuation Proposed Amicus Brief) (Restuccia, B.) (Entered: 09/26/2012)

1 Document Continuation Proposed Amicus Brief

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Sept. 26, 2012

Sept. 26, 2012

PACER
34

ORDER granting 33 Attorney General Bill Schuette's Motion for Leave to File Amicus Curiae Brief. Signed by District Judge Robert H. Cleland. (LWag) (Entered: 09/27/2012)

Sept. 27, 2012

Sept. 27, 2012

PACER
35

Amicus Curiae BRIEF by Bill Schuette (Restuccia, B.) (Entered: 09/28/2012)

Sept. 28, 2012

Sept. 28, 2012

PACER

Minute Entry - Motion Hearing held on 9/28/2012 re 13 MOTION for Preliminary Injunction filed by Weingartz Supply Company, Daniel Weingartz, Legatus before District Judge Robert H. Cleland. Disposition: TAKEN UNDER ADVISEMENT(Court Reporter Christin Russell) (LWag)

Sept. 28, 2012

Sept. 28, 2012

PACER
36

NOTICE by All Defendants (Attachments: # 1 Exhibit 1) (Davis, Ethan) (Entered: 10/01/2012)

1 Exhibit 1

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Oct. 1, 2012

Oct. 1, 2012

PACER
37

NOTICE by All Plaintiffs re 36 Notice (Other) Response to Notice of Supplemental Authority (Mersino, Erin) (Entered: 10/02/2012)

Oct. 2, 2012

Oct. 2, 2012

PACER
38

NOTICE of Appearance by Richard Thompson on behalf of All Plaintiffs. (Thompson, Richard) (Entered: 10/29/2012)

Oct. 29, 2012

Oct. 29, 2012

PACER
39

ORDER granting 13 Plaintiff Daniel Weingartz and Weingartz Supply Company's Motion for Preliminary Injunction and Denying without prejudice Plaintiff Legatus's Motion for Preliminary Injunction.. Signed by District Judge Robert H. Cleland. (LWag) (Entered: 10/31/2012)

Oct. 31, 2012

Oct. 31, 2012

RECAP
40

NOTICE by All Defendants (Davis, Ethan) Modified on 11/6/2012 (PMil).[DOCUMENT ENTITLED BRIEF STATEMENT REGARDING STATUS OF RULEMAKING PROCESS] (Entered: 11/05/2012)

Nov. 5, 2012

Nov. 5, 2012

PACER
41

Notice of E-mail Delivery Failure as to attorney Brigitte A. Amiri. Bounced NEF for 40 Notice (Other). (KCla) (Entered: 11/09/2012)

Nov. 9, 2012

Nov. 9, 2012

PACER
42

PRELIMINARY INJUNCTION ORDER Signed by District Judge Robert H. Cleland. (LWag) (Entered: 11/13/2012)

Nov. 13, 2012

Nov. 13, 2012

RECAP
43

TRANSCRIPT of Motion Hearing held on 9/28/12. (Court Reporter/Transcriber: Christin E. Russell) (Number of Pages: 87) The parties have 21 days to file with the court and Court Reporter/Transcriber a Redaction Request of this transcript. If no request is filed, the transcript may be made remotely electronically available to the public without redaction after 90 days. Redaction Request due 12/10/2012. Redacted Transcript Deadline set for 12/20/2012. Release of Transcript Restriction set for 2/19/2013. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date, the transcript is publicly available. (Russell, C.) (Entered: 11/19/2012)

Nov. 19, 2012

Nov. 19, 2012

PACER
44

NOTICE by All Defendants regarding status of rulemaking process (Davis, Ethan) (Entered: 12/03/2012)

Dec. 3, 2012

Dec. 3, 2012

PACER
45

STIPULATED ORDER for Extension of time to respond to the complaint, ( Responses due by 1/21/2013) Signed by District Judge Robert H. Cleland. (LWag) (Entered: 12/04/2012)

Dec. 4, 2012

Dec. 4, 2012

PACER
46

NOTICE by All Defendants regarding status of rulemaking process (Davis, Ethan) (Entered: 01/07/2013)

Jan. 7, 2013

Jan. 7, 2013

PACER
47

NOTICE OF INTERLOCUTORY APPEAL by All Defendants re 42 Preliminary Injunction. Fee Status: No Fee Paid. (Davis, Ethan) (Entered: 01/14/2013)

Jan. 14, 2013

Jan. 14, 2013

PACER
48

NOTICE OF INTERLOCUTORY APPEAL by Legatus. Receipt No: 0645-3895503 - Fee: $ 455 - Fee Status: Fee Paid. (Mersino, Erin) (Entered: 01/14/2013)

Jan. 14, 2013

Jan. 14, 2013

PACER
49

Certificate of Service re 47 Notice of Interlocutory Appeal. (TMcg) (Entered: 01/15/2013)

Jan. 15, 2013

Jan. 15, 2013

PACER
50

Certificate of Service re 48 Notice of Interlocutory Appeal. (TMcg) (Entered: 01/15/2013)

Jan. 15, 2013

Jan. 15, 2013

PACER
51

Joint MOTION to Stay district court proceedings pending appeal by All Defendants. (Davis, Ethan) (Entered: 01/28/2013)

Jan. 28, 2013

Jan. 28, 2013

PACER
52

NOTICE TO APPEAR BY TELEPHONE: Status Conference set for 1/31/2013 10:00 AM before District Judge Robert H. Cleland (LWag) (Entered: 01/29/2013)

Jan. 29, 2013

Jan. 29, 2013

PACER
53

ORDER granting 51 Joint Motion to Stay District Court Proceedings and Administratively Closing Case. Signed by District Judge Robert H. Cleland. (LWag) (Entered: 01/31/2013)

Jan. 31, 2013

Jan. 31, 2013

RECAP

Minute Entry - Motion Hearing held on 1/31/2013 re 51 Joint MOTION to Stay district court proceedings pending 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 before District Judge Robert H. Cleland. Disposition: GRANTED(Court Reporter Christin Russell) (LWag)

Jan. 31, 2013

Jan. 31, 2013

PACER
54

NOTICE by All Defendants regarding status of rulemaking process (Davis, Ethan) (Entered: 02/04/2013)

Feb. 4, 2013

Feb. 4, 2013

PACER
55

NOTICE by All Defendants regarding status of rulemaking process (Bennett, Michelle) (Entered: 03/04/2013)

March 4, 2013

March 4, 2013

PACER
56

NOTICE by All Defendants regarding status of rulemaking process (Bennett, Michelle) (Entered: 04/01/2013)

April 1, 2013

April 1, 2013

PACER
57

NOTICE by All Defendants regarding status of rulemaking process (Bennett, Michelle) (Entered: 05/06/2013)

May 6, 2013

May 6, 2013

PACER
58

NOTICE by All Defendants regarding status of rulemaking process (Bennett, Michelle) (Entered: 06/03/2013)

June 3, 2013

June 3, 2013

PACER
59

NOTICE by All Defendants re status of rulemaking process (Bennett, Michelle) (Entered: 06/28/2013)

June 28, 2013

June 28, 2013

PACER
60

MOTION to Reopen Case Motion to Remove Stay by Legatus. (Mersino, Erin) (Entered: 08/01/2013)

Aug. 1, 2013

Aug. 1, 2013

PACER
61

NOTICE by All Defendants re: status of rulemaking process (Bennett, Michelle) (Entered: 08/05/2013)

Aug. 5, 2013

Aug. 5, 2013

PACER
62

ORDER Lifting Stay of District Court Proceedings and Scheduling an In-Person Status Conference, ( Status Conference set for 8/21/2013 09:30 AM before District Judge Robert H. Cleland) Signed by District Judge Robert H. Cleland. (KKra) (Entered: 08/09/2013)

Aug. 9, 2013

Aug. 9, 2013

PACER

Minute Entry for proceedings held before District Judge Robert H. Cleland: Status Conference held on 8/21/2013. (Monda, H)

Aug. 21, 2013

Aug. 21, 2013

PACER
63

ORDER Setting Deadlines. (Amended Complaint due by 8/30/2013, Defendants to Provide Administrative Record to Plaintiff Legatus by 9/6/2013, Plaintiff Legatus's Motion for Preliminary Injunction due by 9/20/2013, Responses due by 10/4/2013, Replies due by 10/18/2013). SEE ORDER FOR ADDITIONAL DETAILS. Signed by District Judge Robert H. Cleland. (Monda, H) (Entered: 08/28/2013)

Aug. 28, 2013

Aug. 28, 2013

RECAP
64

AMENDED COMPLAINT filed by All Plaintiffs against All Defendants. NO NEW PARTIES ADDED. (Mersino, Erin) (Entered: 08/30/2013)

Aug. 30, 2013

Aug. 30, 2013

RECAP
65

ADMINISTRATIVE RECORD (Notice of Filing) by All Defendants (Attachments: # 1 Index for Administrative Record, # 2 Certification of Administrative Record) (Bennett, Michelle) (Entered: 09/06/2013)

1 Index for Administrative Record

View on PACER

2 Certification of Administrative Record

View on PACER

Sept. 6, 2013

Sept. 6, 2013

PACER
66

ACKNOWLEDGMENT of receipt of CD's re 65 Administrative Record. (DWor) (Entered: 09/12/2013)

Sept. 9, 2013

Sept. 9, 2013

PACER
67

MOTION for Withdrawal of Attorney Ethan P. Davis by All Defendants. (Davis, Ethan) (Entered: 09/12/2013)

Sept. 12, 2013

Sept. 12, 2013

PACER

TEXT-ONLY ORDER GRANTING 67 MOTION for Withdrawal of Attorney Ethan P. Davis 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., Attorney Ethan P. Davis terminated. Signed by District Judge Robert H. Cleland. (LWag)

Sept. 17, 2013

Sept. 17, 2013

PACER
68

MOTION for Preliminary Injunction by Legatus. (Attachments: # 1 Index of Exhibits Index of Exhibits, # 2 Exhibit Exhibit 1, # 3 Exhibit Exhibit 2, # 4 Exhibit Exhibit 3, # 5 Exhibit Exhibit 4) (Mersino, Erin) (Entered: 09/20/2013)

1 Index of Exhibits Index of Exhibits

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2 Exhibit Exhibit 1

View on PACER

3 Exhibit Exhibit 2

View on PACER

4 Exhibit Exhibit 3

View on PACER

5 Exhibit Exhibit 4

View on PACER

Sept. 20, 2013

Sept. 20, 2013

PACER
69

Proposed Findings of Fact by Legatus (Mersino, Erin) (Entered: 09/20/2013)

Sept. 20, 2013

Sept. 20, 2013

PACER
70

MOTION to Stay Briefing in Light of Lapse of Appropriations by All Defendants. (Bennett, Michelle) (Entered: 10/01/2013)

Oct. 1, 2013

Oct. 1, 2013

PACER
71

RESPONSE to 70 MOTION to Stay Briefing in Light of Lapse of Appropriations and MOTION for TRO in Light of Lapse of Appropriations filed by Legatus. (Mersino, Erin) (Entered: 10/01/2013)

Oct. 1, 2013

Oct. 1, 2013

PACER
72

REPLY to Response re 70 MOTION to Stay Briefing in Light of Lapse of Appropriations (Defendants' Opposition to Plaintiff's Motion for TRO, ECF No. 71) filed by All Defendants. (Bennett, Michelle) (Entered: 10/01/2013)

Oct. 1, 2013

Oct. 1, 2013

PACER
76

ORDER from U.S. Court of Appeals - Sixth Circuit re 47 Notice of Interlocutory 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 [Appeal Case Number 13-1092] (KKra) (Entered: 10/04/2013)

Oct. 1, 2013

Oct. 1, 2013

PACER
73

REPLY to Response re 70 MOTION to Stay Briefing in Light of Lapse of Appropriations in Support of Plaintiff's Motion for TRO filed by Legatus. (Mersino, Erin) (Entered: 10/02/2013)

Oct. 2, 2013

Oct. 2, 2013

PACER
74

ORDER Requiring Clarification ( Defendants' Response due by 10/3/2013) Signed by District Judge Robert H. Cleland. (LWag) (Entered: 10/03/2013)

Oct. 3, 2013

Oct. 3, 2013

RECAP
75

MEMORANDUM re 74 Order, Set Deadlines/Hearings by All Defendants (Bennett, Michelle) Modified on 10/4/2013 (KKra). [DOCUMENT IS A RESPONSE TO ORDER] (Entered: 10/03/2013)

Oct. 3, 2013

Oct. 3, 2013

PACER
77

ORDER DENYING 70 MOTION to Stay Briefing in Light of Lapse of Appropriations filed by Defendants; DENYING 71 Plaintiffs' Motion for Temporary Restraining Order and Extending Time to file Briefs as to 68 MOTION for Preliminary Injunction, Responses due by 10/7/2013, Replies due by 10/21/2013) Signed by District Judge Robert H. Cleland. (LWag) (Entered: 10/04/2013)

Oct. 4, 2013

Oct. 4, 2013

RECAP
78

RESPONSE to 68 MOTION for Preliminary Injunction filed by All Defendants. (Bennett, Michelle) (Entered: 10/04/2013)

Oct. 4, 2013

Oct. 4, 2013

PACER
79

STATEMENT of Defendants' Response to Plaintiff's Proposed Findings of Fact by All Defendants (Bennett, Michelle) (Entered: 10/04/2013)

Oct. 4, 2013

Oct. 4, 2013

PACER
80

Proposed Findings of Fact by All Defendants (Bennett, Michelle) (Entered: 10/04/2013)

Oct. 4, 2013

Oct. 4, 2013

PACER
81

MOTION for Leave to File Amicus Curiae Brief by American Civil Liberties Union. (Attachments: # 1 Exhibit Proposed Amicus Brief) (Lee, Jennifer) (Entered: 10/08/2013)

1 Exhibit Proposed Amicus Brief

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Oct. 8, 2013

Oct. 8, 2013

PACER
82

ORDER from U.S. Court of Appeals - Sixth Circuit re 47 Notice of Interlocutory 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 [Appeal Case Number 13-1092] (KKra) (Entered: 10/10/2013)

Oct. 9, 2013

Oct. 9, 2013

RECAP
83

ORDER granting 81 Motion for Leave to File an amicus brief. Signed by District Judge Robert H. Cleland. (LWag) (Entered: 10/15/2013)

Oct. 15, 2013

Oct. 15, 2013

PACER
84

REPLY to Response re 68 MOTION for Preliminary Injunction filed by Legatus. (Attachments: # 1 Index of Exhibits Index of Exhibits, # 2 Exhibit Exhibit 1) (Mersino, Erin) (Entered: 10/18/2013)

1 Index of Exhibits Index of Exhibits

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2 Exhibit Exhibit 1

View on PACER

Oct. 18, 2013

Oct. 18, 2013

PACER
85

Proposed Findings of Fact by Legatus (Mersino, Erin) (Entered: 10/18/2013)

Oct. 18, 2013

Oct. 18, 2013

PACER
86

NOTICE by Legatus of Supplemental Authority (Attachments: # 1 Exhibit Exhibit 1) (Mersino, Erin) (Entered: 11/05/2013)

1 Exhibit Exhibit 1

View on PACER

Nov. 5, 2013

Nov. 5, 2013

PACER
87

NOTICE by Legatus SUPPLEMENTAL AUTHORITY NOTICE (Attachments: # 1 Exhibit Exhibit 1) (Mersino, Erin) (Entered: 11/21/2013)

1 Exhibit Exhibit 1

View on PACER

Nov. 21, 2013

Nov. 21, 2013

PACER
88

NOTICE by All Defendants re 86 Notice (Other), 87 Notice (Other) Response to Plaintiff's Notices of Supplemental Authority (Bennett, Michelle) (Entered: 12/06/2013)

Dec. 6, 2013

Dec. 6, 2013

PACER
89

NOTICE by Legatus of Supplemental Authority (Attachments: # 1 Exhibit Exhibit 1) (Mersino, Erin) (Entered: 12/16/2013)

1 Exhibit Exhibit 1

View on PACER

Dec. 16, 2013

Dec. 16, 2013

PACER
90

NOTICE by All Defendants re 89 Notice (Other) Defendants' Notice of Supplemental Authority and Response to Plaintiff's Notice of Supplemental Authority (Attachments: # 1 Exhibit Priests for Life v. HHS) (Bennett, Michelle) (Entered: 12/19/2013)

1 Exhibit Priests for Life v. HHS

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Dec. 19, 2013

Dec. 19, 2013

PACER

Case Details

State / Territory: Michigan

Case Type(s):

Speech and Religious Freedom

Special Collection(s):

Contraception Insurance Mandate

Key Dates

Filing Date: May 7, 2012

Closing Date: 2018

Case Ongoing: No

Plaintiffs

Plaintiff Description:

A for-profit business and its owners seeking an exception to the Affordable Care Act's mandate requiring employers to provide health insurance coverage of contraception because it violated the owners' religious beliefs.

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

Case Details

Causes of Action:

42 U.S.C. § 1983

Religious Freedom Rest. Act/Religious Land Use and Inst. Persons Act (RFRA/RLUIPA)

Administrative Procedure Act, 5 U.S.C. §§ 551 et seq.

Declaratory Judgment Act, 28 U.S.C. § 2201

Constitutional Clause(s):

Establishment Clause

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:

Settlement

Form of Settlement:

Voluntary Dismissal

Content of Injunction:

Preliminary relief denied

Preliminary relief granted

Issues

General:

Contraception

Religious programs / policies

Discrimination-basis:

Religion discrimination

Type of Facility:

Non-government for profit