Case: Korte v. United States Department of Health and Human Services

3:12-cv-01072 | U.S. District Court for the Southern District of Illinois

Filed Date: Oct. 9, 2012

Closed Date: 2015

Clearinghouse coding complete

Case Summary

On October 9, 2012, a family of Catholic business owners filed this lawsuit in the U.S. District Court for the Southern District of Illinois 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. They alleged that rules under the 2010 Patient Protection and Affordable Care Act ("ACA") violated their religious freedom by requiring them to provide …

On October 9, 2012, a family of Catholic business owners filed this lawsuit in the U.S. District Court for the Southern District of Illinois 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. They alleged that rules under the 2010 Patient Protection and Affordable Care Act ("ACA") violated their religious freedom by requiring them to provide coverage for contraception through their companies' group health insurance plans. Providing contraceptive coverage would contravene their Catholic faith, so the plaintiffs sought an exemption from the ACA's contraception mandate for themselves and other business owners with similar religious objections. The plaintiffs, represented by the American Center for Law & Justice, asked the court for both declaratory and injunctive relief. On October 10, the plaintiffs moved for partial summary judgment and filed for a preliminary injunction.

On December 14, 2012, District Court Judge Michael J. Reagan denied the plaintiffs' motion for a preliminary injunction, finding that indirect financial support of subjectively objectionable conduct was not a substantial burden on the plaintiffs' religious freedom. 2012 WL 6553996. The plaintiffs appealed this denial to the Seventh Circuit (Docket No. 12-03841). On December 28, 2012, a three-judge panel granted the plaintiffs' emergency motion for an injunction pending appeal, finding that the coerced coverage of contraception imposed a substantial burden on the plaintiffs' religious freedom. Korte v. Sebelius, 2012 WL 6757353 (Judges Joel M. Flaum, Ilana Diamond Rovner, and Diane S. Sykes). On January 30, 2013, the Seventh Circuit consolidated the case with Grote v. Sebelius (FA-IN-0004) The same three-judge panel heard arguments in the case on May 22, 2013.

On November 8, 2013, the Seventh Circuit held that the plaintiffs and their companies could challenge the mandate and state a valid claim under RFRA. The Court remanded the case with instructions to the District Court to enter preliminary injunctions barring enforcement of the contraception mandate against the plaintiffs. Grote v. Sebelius, 735 F.3d 654.

The defendant agencies sought review in the Supreme Court, and on November 27, 2013, the case was stayed pending the Supreme Court's decision in Hobby LobbyBurwell v. Hobby Lobby (also known as Hobby Lobby v. Sebelius) and Conestoga Wood Specialities Corps. The Hobby Lobby decision was issued on June 30, 2014. 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. The Court emphasized that alternative methods for meeting the government's asserted interest were available. 134 S.Ct. 2751. The next day, the Supreme Court denied the government's certiorari petition for review in this case. 134 S.Ct. 2902.

On July 28, 2014, the district court lifted the stay. On August 12, 2014, the Seventh Circuit awarded the plaintiffs $578.80 in costs. On November 7, 2014, the Court granted the joint motion for summary judgment in favor of the plaintiffs on their RFRA claim, entered a permanent injunction against enforcement of the contraception services mandate, and dismissed all other claims against the defendants. Finally, on February 26, 2015, the district court entered judgment in favor of the plaintiffs, and noted that the parties had reached an independent settlement on attorneys' fees and costs. The case is closed.

Summary Authors

Emma Lawton (11/17/2013)

Richard Jolly (3/23/2014)

Kate Craddock (2/21/2016)

Nathaniel Flack (10/30/2018)

Related Cases

Triune Health Group, Inc. v. U.S. Dep't of Health and Human Servs., Northern District of Illinois (2012)

Grote Industries v. Sebelius, Southern District of Indiana (2012)

Ozinga v. Sebelius, Northern District of Illinois (2013)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/4264334/parties/korte-v-united-states-department-of-health-and-human-services/


Judge(s)

Flaum, Joel Martin (Illinois)

Frazier, Philip M. (Illinois)

Reagan, Michael Joseph (Illinois)

Rovner, Ilana Kara Diamond (Illinois)

Sykes, Diane S. (Wisconsin)

Attorneys(s) for Plaintiff

Kennedy, Thomas E (Missouri)

Manion, Francis J (Kentucky)

Surtees, Geoffrey R. (Kentucky)

White, Edward L. III (Michigan)

Attorneys(s) for Defendant

Humphreys, Bradley Philip (District of Columbia)

Judge(s)

Flaum, Joel Martin (Illinois)

Frazier, Philip M. (Illinois)

Reagan, Michael Joseph (Illinois)

Rovner, Ilana Kara Diamond (Illinois)

Sykes, Diane S. (Wisconsin)

Attorneys(s) for Plaintiff

Kennedy, Thomas E (Missouri)

Manion, Francis J (Kentucky)

Surtees, Geoffrey R. (Kentucky)

White, Edward L. III (Michigan)

Attorneys(s) for Defendant

Humphreys, Bradley Philip (District of Columbia)

Other Attorney(s)

Amiri, Brigitte A. (New York)

Chaiten, Lorie (Illinois)

Clark, Stephan Robert (Missouri)

Dewart, Deborah Jane (North Carolina)

Kennedy (IL), Thomas E. III (Illinois)

Navarro, Heather B. (Missouri)

Documents in the Clearinghouse

Document

3:12-cv-01072

Docket

Feb. 26, 2015

Feb. 26, 2015

Docket
2

3:12-cv-01072

Complaint for Declaratory and Injunctive Relief

Oct. 9, 2012

Oct. 9, 2012

Complaint
54

3:12-cv-01072

Memorandum and Order

912 F.Supp.2d 735, 2012 WL 6553996

Dec. 14, 2012

Dec. 14, 2012

Order/Opinion
63

0:12-03841

Order [Granting Emergency Motion for Injunction Pending Appeal]

Korte v. Sebelius

U. S. Court of Appeals for the Seventh Circuit

528 Fed.Appx. 583, 2012 WL 6757353

Dec. 28, 2012

Dec. 28, 2012

Order/Opinion

3:12-cv-01072

Court of Appeals Opinion

Korte v. Sebelius

U. S. Court of Appeals for the Seventh Circuit

735 F.3d 654

Nov. 8, 2013

Nov. 8, 2013

Order/Opinion

13-00937

Certiorari -- Summary Disposition

Burwell v. Korte

Supreme Court of the United States

134 S.Ct. 2902

July 1, 2014

July 1, 2014

Order/Opinion
80

0:12-03841

Order

Korte v. Sebelius

U. S. Court of Appeals for the Seventh Circuit

Aug. 12, 2014

Aug. 12, 2014

Order/Opinion
89

3:12-cv-01072

Order of Injunction

Korte v. United States Department of Health and Human Services

Nov. 7, 2014

Nov. 7, 2014

Order/Opinion
94

3:12-cv-01072

Judgment in a Civil Case

Feb. 26, 2015

Feb. 26, 2015

Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4264334/korte-v-united-states-department-of-health-and-human-services/

Last updated Aug. 30, 2022, 3:03 a.m.

ECF Number Description Date Link Date / Link
1

Case Opened. Filing Fee Due. Documents may now be electronically filed. Case number 12-1072-MJR-PMF must be placed on all documents prior to filing them electronically. (Attachments: # 1 Consent to proceed before a Magistrate Judge)(cekf) (Entered: 10/09/2012)

1 Consent to proceed before a Magistrate Judge

View on PACER

Oct. 9, 2012

Oct. 9, 2012

PACER
2

COMPLAINT for Declaratory and Injunctive Relief against All Defendants (Filing fee $ 350 receipt number 0754-1802124) filed by Jane E. Korte, Cyril B. Korte, Korte & Luitjohan Contractors, Inc.. (Attachments: # 1 Civil Cover Sheet)(White, Edward) Modified on 10/10/2012 (cekf). (Entered: 10/09/2012)

1 Civil Cover Sheet

View on PACER

Oct. 9, 2012

Oct. 9, 2012

RECAP
3

Summons Issued as to 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. (cekf) (Entered: 10/09/2012)

Oct. 9, 2012

Oct. 9, 2012

PACER
4

NOTICE of Appearance by Edward L. White, III on behalf of All Plaintiffs (White, Edward) (Entered: 10/10/2012)

Oct. 10, 2012

Oct. 10, 2012

PACER
5

Corporate Disclosure Statement by Cyril B. Korte, Jane E. Korte, Korte & Luitjohan Contractors, Inc.. (White, Edward) (Entered: 10/10/2012)

Oct. 10, 2012

Oct. 10, 2012

PACER
6

MOTION for Preliminary Injunction on Count I (RFRA) and Count II (Free Exercise Clause) by Cyril B. Korte, Jane E. Korte, Korte & Luitjohan Contractors, Inc.. (White, Edward) (Entered: 10/10/2012)

Oct. 10, 2012

Oct. 10, 2012

PACER
7

MEMORANDUM in Support re 6 MOTION for Preliminary Injunction on Count I (RFRA) and Count II (Free Exercise Clause) filed by Cyril B. Korte, Jane E. Korte, Korte & Luitjohan Contractors, Inc.. (Attachments: # 1 Index of Exhibits, # 2 Exhibit Ex. A, Declaration of Cyril Korte with attached ethical guidelines, # 3 Exhibit Ex. B, Declaration of Jane Korte)(White, Edward) (Entered: 10/10/2012)

1 Index of Exhibits

View on PACER

2 Exhibit Ex. A, Declaration of Cyril Korte with attached ethical guidelines

View on PACER

3 Exhibit Ex. B, Declaration of Jane Korte

View on PACER

Oct. 10, 2012

Oct. 10, 2012

PACER
8

MOTION for Partial Summary Judgment on Count I (RFRA) and Count II (Free Exercise Clause) by Cyril B. Korte, Jane E. Korte, Korte & Luitjohan Contractors, Inc.. Responses due by 11/13/2012 (White, Edward) (Entered: 10/10/2012)

Oct. 10, 2012

Oct. 10, 2012

RECAP
9

MEMORANDUM in Support re 8 MOTION for Partial Summary Judgment on Count I (RFRA) and Count II (Free Exercise Clause) filed by Cyril B. Korte, Jane E. Korte, Korte & Luitjohan Contractors, Inc.. (Attachments: # 1 Index of Exhibits, # 2 Exhibit A. Declaration of Cyril Korte with attached ethical guidelines, # 3 Exhibit B. Declaration of Jane Korte)(White, Edward) (Entered: 10/10/2012)

1 Index of Exhibits

View on PACER

2 Exhibit A. Declaration of Cyril Korte with attached ethical guidelines

View on PACER

3 Exhibit B. Declaration of Jane Korte

View on PACER

Oct. 10, 2012

Oct. 10, 2012

RECAP
10

SUMMONS Returned Executed by Jane E. Korte, Cyril B. Korte, Korte & Luitjohan Contractors, Inc.. United States Department of Health and Human Services served on 10/15/2012, answer due 12/14/2012. (White, Edward) (Entered: 10/16/2012)

Oct. 16, 2012

Oct. 16, 2012

PACER
11

SUMMONS Returned Executed by Jane E. Korte, Cyril B. Korte, Korte & Luitjohan Contractors, Inc.. Kathleen Sebelius served on 10/15/2012, answer due 12/14/2012. (White, Edward) (Entered: 10/16/2012)

Oct. 16, 2012

Oct. 16, 2012

PACER
12

SUMMONS Returned Executed by Jane E. Korte, Cyril B. Korte, Korte & Luitjohan Contractors, Inc.. United States Department of Treasury served on 10/16/2012, answer due 12/17/2012. (White, Edward) (Entered: 10/16/2012)

Oct. 16, 2012

Oct. 16, 2012

PACER
13

SUMMONS Returned Executed by Jane E. Korte, Cyril B. Korte, Korte & Luitjohan Contractors, Inc.. Timothy Geithner served on 10/16/2012, answer due 12/17/2012. (White, Edward) (Entered: 10/16/2012)

Oct. 16, 2012

Oct. 16, 2012

PACER
14

SUMMONS Returned Executed by Jane E. Korte, Cyril B. Korte, Korte & Luitjohan Contractors, Inc.. United States Department of Labor served on 10/15/2012, answer due 12/14/2012. (White, Edward) (Entered: 10/16/2012)

Oct. 16, 2012

Oct. 16, 2012

PACER
15

SUMMONS Returned Executed by Jane E. Korte, Cyril B. Korte, Korte & Luitjohan Contractors, Inc.. Hilda L. Solis served on 10/15/2012, answer due 12/14/2012. (White, Edward) (Entered: 10/16/2012)

Oct. 16, 2012

Oct. 16, 2012

PACER
16

NOTICE by Cyril B. Korte, Jane E. Korte, Korte & Luitjohan Contractors, Inc. of Proof of Service of Summonses, Complaint, and Other Documents on Attorney General Eric Holder (White, Edward) (Entered: 10/16/2012)

Oct. 16, 2012

Oct. 16, 2012

PACER
17

NOTICE by Cyril B. Korte, Jane E. Korte, Korte & Luitjohan Contractors, Inc. of Proof of Service of Summonses, Complaint, and Other Documents on U.S. Attorney Stephen Wigginton (White, Edward) (Entered: 10/16/2012)

Oct. 16, 2012

Oct. 16, 2012

PACER
18

NOTICE of Appearance by Bradley Phillip Humphreys 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 (Humphreys, Bradley) (Entered: 10/29/2012)

Oct. 29, 2012

Oct. 29, 2012

PACER
19

MOTION for Extension of Time to File Response/Reply as to 7 Memorandum in Support of Motion, for a 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. (Humphreys, Bradley) (Entered: 10/29/2012)

Oct. 29, 2012

Oct. 29, 2012

PACER
20

RESPONSE to Motion re 19 MOTION for Extension of Time to File Response/Reply as to 7 Memorandum in Support of Motion, for a Preliminary Injunction MOTION for Extension of Time to File Response/Reply as to 7 Memorandum in Support of Motion, for a Preliminary Injunction filed by Cyril B. Korte, Jane E. Korte, Korte & Luitjohan Contractors, Inc.. (White, Edward) (Entered: 10/29/2012)

Oct. 29, 2012

Oct. 29, 2012

PACER
21

NOTICE AND ORDER, GRANTING 19 MOTION for Extension of Time to File Response/Reply as to 6 Motion, for a Preliminary Injunction, filed by United States Department of Treasury, Kathleen Sebelius, Timothy Geithner, United States Department of Health and Human Services, United States Department of Labor, Hilda L. Solis. By motion filed October 29, 2012, Defendants move for an extension of time to file their response(s) to Plaintiffs' Motion for Preliminary Injunction. Hurricane Sandy has impeded Defendants' ability to meet the current October 30, 2012, response deadline. Plaintiffs have no objection to the proposed extension of time, but stress their desire for a prompt ruling on the motion for injunctive relief. For good cause shown, Defendants' motion 19 is GRANTED. On or before November 6, 2012, Defendants shall file their response(s) to Plaintiffs' Motion for Preliminary Injunction 6 . Oral Argument (and evidence if necessary) of Plaintiffs' Motion for Preliminary Injunction is set for November 30, 2012, at 2:30 PM in the East St. Louis Courthouse before Judge Michael J. Reagan. The parties should note that only two hours has been allotted for the motion hearing. Signed by Judge Michael J. Reagan on 11/1/2012. (mmr)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 11/01/2012)

Nov. 1, 2012

Nov. 1, 2012

PACER
22

RESPONSE in Opposition re 6 MOTION for Preliminary Injunction on Count I (RFRA) and Count II (Free Exercise Clause) 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. (Attachments: # 1 Exhibit A - K&L Articles of Incorporation)(Humphreys, Bradley) (Entered: 11/06/2012)

1 Exhibit A - K&L Articles of Incorporation

View on PACER

Nov. 6, 2012

Nov. 6, 2012

PACER
23

MOTION to Appear Pro Hac Vice by AttorneyBrigitte Amiri $100 fee paid,receipt number 0754-1826765 by on behalf of American Civil Liberties Union. (Amiri, Brigitte) (Entered: 11/09/2012)

Nov. 9, 2012

Nov. 9, 2012

PACER
24

MOTION to Appear Pro Hac Vice by AttorneyLorie A. Chaiten $100 fee paid,receipt number 0754-1826770 by on behalf of American Civil Liberties Union of Illinois. (Chaiten, Lorie) (Entered: 11/09/2012)

Nov. 9, 2012

Nov. 9, 2012

PACER
25

MOTION for Leave to File a Brief Amicus Curiae in Opposition to Plaintiffs Motion for Preliminary Injunction by American Civil Liberties Union, American Civil Liberties Union of Illinois. (Attachments: # 1 Exhibit Brief Amicus Curiae in Opposition to Plaintiffs Motion for Preliminary Injunction)(Chaiten, Lorie) (Entered: 11/09/2012)

1 Exhibit Brief Amicus Curiae in Opposition to Plaintiffs Motion for Preliminary I

View on PACER

Nov. 9, 2012

Nov. 9, 2012

PACER
26

REPLY to Response to Motion re 6 MOTION for Preliminary Injunction on Count I (RFRA) and Count II (Free Exercise Clause) filed by Cyril B. Korte, Jane E. Korte, Korte & Luitjohan Contractors, Inc.. (White, Edward) (Entered: 11/09/2012)

Nov. 9, 2012

Nov. 9, 2012

PACER
27

NOTICE of Appearance by Heather B. Navarro on behalf of American Civil Liberties Union, American Civil Liberties Union of Illinois (Navarro, Heather) (Entered: 11/12/2012)

Nov. 12, 2012

Nov. 12, 2012

PACER
28

NOTICE of Appearance by Thomas E. Kennedy, III on behalf of American Civil Liberties Union, American Civil Liberties Union of Illinois (Kennedy, Thomas) (Entered: 11/12/2012)

Nov. 12, 2012

Nov. 12, 2012

PACER
29

ORDER (NJR/jdh) Granting 23 MOTION to Appear Pro Hac Vice by Attorney Brigitte Amiri. (jdh)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 11/13/2012)

Nov. 13, 2012

Nov. 13, 2012

PACER
30

ORDER (NJR/jdh) Granting 24 MOTION to Appear Pro Hac Vice by Attorney Lorie A. Chaiten. (jdh)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 11/13/2012)

Nov. 13, 2012

Nov. 13, 2012

PACER
31

ORDER GRANTING 25 Motion for Leave to File Amicus Curiae Brief. By motion filed November 9, 2012, the American Civil Liberties Union and the American Civil Liberties Union of Illinois jointly moved for leave to file an amicus curiae brief in opposiont to Plaintiffs' Motion for Preliminary Injunction. Leave is hereby GRANTED, the amicus curiae brief shall be filed on or before November 15, 2012. Signed by Judge Michael J. Reagan on 11/13/2012. (mmr)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 11/13/2012)

Nov. 13, 2012

Nov. 13, 2012

PACER
32

MEMORANDUM in Opposition re 6 MOTION for Preliminary Injunction on Count I (RFRA) and Count II (Free Exercise Clause) AMICUS CURIAE BRIEF filed by American Civil Liberties Union, American Civil Liberties Union of Illinois. (Chaiten, Lorie) (Entered: 11/13/2012)

Nov. 13, 2012

Nov. 13, 2012

PACER
33

MOTION for Extension of Time to File Response/Reply as to 8 MOTION for Partial Summary Judgment on Count I (RFRA) and Count II (Free Exercise Clause) 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. (Humphreys, Bradley) (Entered: 11/14/2012)

Nov. 14, 2012

Nov. 14, 2012

PACER
34

ORDER GRANTING 33 Motion for Extension of Time to File Response/Reply. On November 14, 2012, Defendants filed an unopposed motion 33 to extend the deadline for responding to Plaintiffs' motion for summary judgment 8 until 30-days after the Court rules on Plaintiffs' motion for injunctive relief 6 . Defendants' motion 33 is GRANTED; Defendants' response to Plaintiffs' motion for summary judgment 8 shall be filed within 30-days from the date of the Court's order ruling on Plaintiff's motion for injunctive relief. Signed by Judge Michael J. Reagan on 11/15/2012. (mmr, )THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 11/15/2012)

Nov. 15, 2012

Nov. 15, 2012

PACER
35

MOTION to Appear Pro Hac Vice by AttorneyDeborah J. Dewart $100 fee paid,receipt number 0754-1830181 by on behalf of Liberty, Life and Law Foundation. (Dewart, Deborah) (Entered: 11/16/2012)

Nov. 16, 2012

Nov. 16, 2012

PACER
36

MOTION for Leave to File Amicus Curiae Brief by Liberty, Life and Law Foundation. (Attachments: # 1 Exhibit Amicus Brief)(Dewart, Deborah) (Entered: 11/16/2012)

1 Exhibit Amicus Brief

View on PACER

Nov. 16, 2012

Nov. 16, 2012

PACER
37

ORDER (NJR/jdh), Granting 35 MOTION to Appear Pro Hac Vice by Attorney Deborah J. Dewart. (jdh)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 11/19/2012)

Nov. 19, 2012

Nov. 19, 2012

PACER
38

ORDER, GRANTING 36 MOTION for Leave to File Amicus Curiae Brief filed by Liberty, Life and Law Foundation. By motion filed November 16, 2012, the Liberty, Life and Law Foundation moved for leave to file an amicus curiae brief in support of Plaintiffs' Motion for Preliminary Injunction. Leave is hereby GRANTED, the amicus curiae brief shall be filed on or before November 21, 2012. Signed by Judge Michael J. Reagan on 11/19/2012. (mmr)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 11/19/2012)

Nov. 19, 2012

Nov. 19, 2012

PACER
39

MEMORANDUM in Support re 6 MOTION for Preliminary Injunction on Count I (RFRA) and Count II (Free Exercise Clause) Amicus Brief filed by Liberty, Life and Law Foundation. (Dewart, Deborah) (Entered: 11/19/2012)

Nov. 19, 2012

Nov. 19, 2012

PACER
40

MOTION for Leave to File Brief Amici Curiae in Support of Plaintiffs' Motion for Preliminary Injunction by Life Legal Defense Foundation, Bioethics Defense Fund, Women Speak for Themselves. (Attachments: # 1 Exhibit Brief Amici Curiae in Support of Plaintiffs' Motion for Preliminary Injunction)(Clark, Stephen) (Entered: 11/20/2012)

1 Exhibit Brief Amici Curiae in Support of Plaintiffs' Motion for Preliminary

View on PACER

Nov. 20, 2012

Nov. 20, 2012

PACER
41

NOTICE AND ORDER Re-Setting Hearing on 6 Motion for Preliminary Injunction on Count I (RFRA) and Count II (Free Exercise Clause). The hearing on Plaintiffs' Motion for Preliminary Injunction 6 previously set for November 30, 2012, is CANCELLED and RESET for December 7, 2012, at 02:30 PM in the East St. Louis Courthouse before Judge Michael J. Reagan. The parties should note that only two hours has been allotted for the motion hearing. Signed by Judge Michael J. Reagan on 11/20/12. (mmr)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 11/20/2012)

Nov. 20, 2012

Nov. 20, 2012

PACER
42

Consent MOTION for Leave to File Notice of Supplemental Authority regarding Tyndale House Publishers v. Sebelius, 2012 U.S. Dist. LEXIS 163965 (D.D.C. Nov. 16, 2012) by Cyril B. Korte, Jane E. Korte, Korte & Luitjohan Contractors, Inc.. (Attachments: # 1 Notice of Supplemental Authority--Tyndale House Publishers v. Sebelius, # 2 Decision: Tyndale House Publishers v. Sebelius, (D.D.C. Nov. 16, 2012))(White, Edward) (Entered: 11/20/2012)

1 Notice of Supplemental Authority--Tyndale House Publishers v. Sebelius

View on PACER

2 Decision: Tyndale House Publishers v. Sebelius, (D.D.C. Nov. 16, 2012)

View on PACER

Nov. 20, 2012

Nov. 20, 2012

PACER
43

REPLY to Response to Motion re 6 MOTION for Preliminary Injunction on Count I (RFRA) and Count II (Free Exercise Clause) Replying to Amicus Brief by the American Civil Liberties Union (Doc. 32) in Opposition to Plaintiffs' Motion for Preliminary Injunction filed by Cyril B. Korte, Jane E. Korte, Korte & Luitjohan Contractors, Inc.. (White, Edward) (Entered: 11/20/2012)

Nov. 20, 2012

Nov. 20, 2012

PACER
44

NOTICE of Appearance by Geoffrey Richard Surtees on behalf of All Plaintiffs (Surtees, Geoffrey) (Entered: 11/26/2012)

Nov. 26, 2012

Nov. 26, 2012

PACER
45

ORDER GRANTING 40 Motion for Leave to File Amicus Curiae Brief. By motion filed November 20, 2012 40, Women Speak for Themselves, Bioethics Defense Fund, and Life Legal Defense Foundation seek leave to file a brief amicus curiae in suport of Plaintiffs' Motion for Preliminary Injunction. The motion 40 is GRANTED. On or before November 30, 2012, Women Speak for Themselves, Bioethics Defense Fund, and Life Legal Defense Foundation shall file their brief. Signed by Judge Michael J. Reagan on 11/26/2013. (mmr)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 11/26/2012)

Nov. 26, 2012

Nov. 26, 2012

PACER
46

NOTICE AND ORDER re Deadline for Amicus Curiae Briefs. After November 30, 2012, the Court will not accept any Amicus Curiae Briefs regarding Plaintiffs' Motion for Preliminary Injunction. Signed by Judge Michael J. Reagan on 11/26/2012. (mmr)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 11/26/2012)

Nov. 26, 2012

Nov. 26, 2012

PACER
47

ORDER, DENYING AS MOOT 42 Consent MOTION for Leave to File Notice of Supplemental Authority regarding Tyndale House Publishers v. Sebelius. On November 20, 2012, Plaintiffs filed an unopposed motion for leave to file a notice of supplemental authority relative to the recent decision in Tyndale House Publishers v. Sebelius, Case No. 12-1635 (D. D.C. Nov. 16, 2012). The Court is aware of Tyndale House Publishers, as well as the more recent decision in Hobby Lobby Stores v. Sebelius, Case No. 12-1000 (W.D. Okl. Nov. 19, 2012). Therefore, Plaintiffs motion 42 is DENIED AS MOOT. Signed by Judge Michael J. Reagan on 11/26/2012. (mmr)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 11/26/2012)

Nov. 26, 2012

Nov. 26, 2012

PACER
48

NOTICE by Bioethics Defense Fund, Life Legal Defense Foundation, Women Speak for Themselves re 6 MOTION for Preliminary Injunction on Count I (RFRA) and Count II (Free Exercise Clause) Brief Amici Curiae in Support of Plaintiffs' Motion for Preliminary Injunction (Clark, Stephen) (Entered: 11/26/2012)

Nov. 26, 2012

Nov. 26, 2012

PACER
49

Consent MOTION for Leave to File Notice Of Supplemental Authority Re: 8th Cir. Order Granting Motion For Injunction On Appeal In O'Brien v. HHS, Case No. 12-3357 by Cyril B. Korte, Jane E. Korte, Korte & Luitjohan Contractors, Inc.. (Attachments: # 1 Notice of Supplemental Authority, O'Brien v. HHS, 8th Cir. Order Granting Injunction On Appeal, No.12-3357, # 2 Exhibit A (Motion for Injunction On Appeal in O'Brien v. HHS, 8th Cir., No. 12-3357), # 3 Exhibit B (Order Granting Motion for Injunction On Appeal in O'Brien v. HHS, 8th Cir., No. 12-3357))(White, Edward) (Entered: 11/29/2012)

1 Notice of Supplemental Authority, O'Brien v. HHS, 8th Cir. Order Granting

View on PACER

2 Exhibit A (Motion for Injunction On Appeal in O'Brien v. HHS, 8th Cir., No.

View on PACER

3 Exhibit B (Order Granting Motion for Injunction On Appeal in O'Brien v. HHS

View on PACER

Nov. 29, 2012

Nov. 29, 2012

PACER
50

ORDER GRANTING 49 Plaintiffs' Unopposed Motion for Leave to File Notice of Supplemental Authority. Plaintiffs' seek to file the November 28, 2012, Order of the United States Court of Appeals for the Eighth Circuit in OBrien v. U.S. Dept of Health & Human Servs., Case No. 12-3357 (8th Cir.) granting a motion for injunction pending appeal. Plaintiffs also want to file a copy of the Appellants' motion in O'Brien. Plaintiffs' motion is GRANTED. On or before December 3, 2012, Plaintiffs shall file a notice and copies of the O'Brien materials. Signed by Judge Michael J. Reagan on 11/29/2012. (mmr)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 11/29/2012)

Nov. 29, 2012

Nov. 29, 2012

PACER
51

NOTICE by Cyril B. Korte, Jane E. Korte, Korte & Luitjohan Contractors, Inc. re 26 Reply to Response to Motion, 6 MOTION for Preliminary Injunction on Count I (RFRA) and Count II (Free Exercise Clause), 7 Memorandum in Support of Motion, Regarding Supplemental Authority of Order Granting Motion For Injunction On Appeal in O'Brien v. HHS, 8th Cir. Case No. 12-3357 (Attachments: # 1 Exhibit A (Motion for Injunction on Appeal in O'Brien v. HHS, 8th Cir. Case No. 12-3357), # 2 Exhibit B (Order Granting Motion for Injunction on Appeal in O'Brien v. HHS, 8th Cir. Case No. 12-3357))(White, Edward) (Entered: 11/29/2012)

1 Exhibit A (Motion for Injunction on Appeal in O'Brien v. HHS, 8th Cir. Case

View on PACER

2 Exhibit B (Order Granting Motion for Injunction on Appeal in O'Brien v. HHS

View on PACER

Nov. 29, 2012

Nov. 29, 2012

PACER
52

NOTICE of Appearance by Francis J. Manion on behalf of All Plaintiffs (Manion, Francis) (Entered: 12/05/2012)

Dec. 5, 2012

Dec. 5, 2012

PACER
53

Minute Entry for proceedings held before Judge Michael J. Reagan: Preliminary Injunction Hearing held on 12/7/2012. (Court Reporter Barb Kniepmann.) (dkd ) (Entered: 12/07/2012)

Dec. 7, 2012

Dec. 7, 2012

PACER
54

Vacated (See order at doc. 74). ORDER, DENYING 6 MOTION for Preliminary Injunction on Count I (RFRA) and Count II (Free Exercise Clause) filed by Korte & Luitjohan Contractors, Inc., Cyril B. Korte, Jane E. Korte.Signed by Judge Michael J. Reagan on 12/14/2012. (mmr) Modified on 1/13/2014 (dkd ). (Entered: 12/14/2012)

Dec. 14, 2012

Dec. 14, 2012

RECAP
55

NOTICE OF INTERLOCUTORY APPEAL as to 54 Order, Terminate Motions by Cyril B. Korte, Jane E. Korte, Korte & Luitjohan Contractors, Inc.. Filing fee $ 455, receipt number 0754-1850682. (White, Edward) (Entered: 12/17/2012)

Dec. 17, 2012

Dec. 17, 2012

RECAP
56

DOCKETING STATEMENT by Cyril B. Korte, Jane E. Korte, Korte & Luitjohan Contractors, Inc. re 55 Notice of Interlocutory Appeal (White, Edward) (Entered: 12/17/2012)

Dec. 17, 2012

Dec. 17, 2012

PACER
57

TRANSCRIPT INFORMATION SHEET by Attorney/Pro Se Party (White, Edward) (Entered: 12/17/2012)

Dec. 17, 2012

Dec. 17, 2012

PACER
58

Joint MOTION to Stay District Court Proceedings Pending Appeal 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. (Humphreys, Bradley) (Entered: 12/17/2012)

Dec. 17, 2012

Dec. 17, 2012

PACER
59

Transmission of Short Record to US Court of Appeals re 55 Notice of Interlocutory Appeal Appeal Record due to be prepared by 1/2/2013. (jlrr ) (Entered: 12/18/2012)

Dec. 18, 2012

Dec. 18, 2012

PACER
60

Circuit Rule 10 letter re: 55 Notice of Appeal (jlrr) (Entered: 12/18/2012)

Dec. 18, 2012

Dec. 18, 2012

PACER
61

USCA Case Number 12-3841 for 55 Notice of Interlocutory Appeal filed by Korte & Luitjohan Contractors, Inc., Cyril B. Korte, Jane E. Korte. (Attachments: # 1 Notice of Case Opening)(jlrr) (Entered: 12/18/2012)

1 Notice of Case Opening

View on PACER

Dec. 18, 2012

Dec. 18, 2012

PACER
62

DESIGNATION of Record on Appeal by Cyril B. Korte, Jane E. Korte, Korte & Luitjohan Contractors, Inc. re 55 Notice of Interlocutory Appeal (White, Edward) (Entered: 12/20/2012)

Dec. 20, 2012

Dec. 20, 2012

PACER
63

ORDER STAYING CASE, GRANTING 58 Joint MOTION to Stay District Court Proceedings Pending Appeal filed by United States Department of Treasury, Kathleen Sebelius, Timothy Geithner, United States Department of Health and Human Services, United States Department of Labor, Hilda L. Solis. Before the Court is 58 the joint motion of the parties to stay all proceedings in the district court pending resolution of Plaintiffs interlocutory appeal of the district courts order denying a preliminary injunction. In the alternative, the parties request that the time for Defendants to respond to the complaint be extended to January 11, 2013. The parties note that the District Court for the Western District of Oklahoma recently stayed the district court proceedings in a similar case, Hobby Lobby v. Sebelius, No. 5:12-cv-01000 (W.D. Okla. Dec. 12, 2012). The United States Supreme Court (J. Sotomayor) has now denied an All Writs Act emergency injunction in the Hobby Lobby case, noting that the case and other similar cases were proceeding through the lower courts. Hobby Lobby v. Sebelius, __S.Ct.__, 568 U.S.__, 2012 WL 6698888 (Dec. 26, 2012) (Opinion in Chambers). Justice Sotomayor found that the Hobby Lobby plaintiffs legal rights and entitlement to relief under the Free Exercise Clause or RFRA were not indisputably clear. Id. at *3. Thus, in Hobby Lobby, the district court case is stayed, pending resolution of the appeal. The Seventh Circuits resolution of the interlocutory appeal in this case could impact further proceedings and the parties respective positions in this case. Therefore, the parties joint motion to stay proceedings in this district court pending resolution of the appeal in the Seventh Circuit Court of Appeals 58 is GRANTED. The parties shall notify this Court of any material change in the status of the appellate case. When this action is in a posture to proceed, a new briefing schedule will be entered.Signed by Judge Michael J. Reagan on 12/28/2012. (mmr)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 12/28/2012)

Dec. 28, 2012

Dec. 28, 2012

PACER

Record on Appeal Prepared re 55 Notice of Interlocutory Appeal (4 vol. pleadings). (drb)

Dec. 28, 2012

Dec. 28, 2012

PACER
64

ORDER of USCA as to 55 Notice of Interlocutory Appeal filed by Korte & Luitjohan Contractors, Inc., Cyril B. Korte, Jane E. Korte (cekf) (Entered: 01/02/2013)

Jan. 2, 2013

Jan. 2, 2013

RECAP
65

Transcript of Preliminary Injunction Hearing held on December 7, 2012, before Judge Michael J. Reagan. Court Reporter/Transcriber Barbara Kniepmann, Telephone number 618-482-9482. NOTICE: Attorneys and unrepresented parties have 7 calendar days to file a Notice of Intent to Request Redaction of this transcript and 21 calendar days to file a Redaction Request. If redactions are not requested, the transcript will be made remotely available to the public without redaction after 90 calendar days. See the full Transcript Policy on the website at http://www.ilsd.uscourts.gov/forms/TransPolicy.pdf Transcript may be viewed at the public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 2/8/2013. Redacted Transcript Deadline set for 2/19/2013. Release of Transcript Restriction set for 4/18/2013. (bkk, ) (Entered: 01/18/2013)

Jan. 18, 2013

Jan. 18, 2013

PACER
66

MOTION to Withdraw as Attorney by American Civil Liberties Union, American Civil Liberties Union of Illinois. (Navarro, Heather) (Entered: 01/25/2013)

Jan. 25, 2013

Jan. 25, 2013

PACER
67

ORDER granting 66 Motion to Withdraw as Attorney. Attorney Heather B. Navarro is terminated as counsel of record. Signed by Magistrate Judge Philip M. Frazier on 2/4/2013. (kls)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 02/04/2013)

Feb. 4, 2013

Feb. 4, 2013

PACER
68

Request from USCA to transmit Record on Appeal re 55 Notice of Interlocutory Appeal (jlrr) (Entered: 04/01/2013)

April 1, 2013

April 1, 2013

PACER
69

Certified and Transmitted Record on Appeal to US Court of Appeals re 55 Notice of Interlocutory Appeal. (jlrr ) (Entered: 04/01/2013)

April 1, 2013

April 1, 2013

PACER
70

Acknowledgment of receipt of Record on Appeal by USCA 7 re 55 Notice of Interlocutory Appeal. Contents of Record: 4 vol. of pleadings. (jlrr ) (Entered: 04/01/2013)

April 1, 2013

April 1, 2013

PACER
71

Acknowledgment of Transcript of Proceedings held on 12/7/12 re 55 Notice of Interlocutory Appeal (jlrr) (Entered: 04/01/2013)

April 1, 2013

April 1, 2013

PACER
72

NOTICE of Change of Address by Edward L. White, III (White, Edward) (Entered: 07/05/2013)

July 5, 2013

July 5, 2013

PACER
73

MANDATE of USCA as to 55 Notice of Interlocutory Appeal filed by Korte & Luitjohan Contractors, Inc., Cyril B. Korte, Jane E. Korte (Attachments: # 1 Final Judgment, # 2 Opinion, # 3 Order)(trb) (Entered: 01/02/2014)

1 Final Judgment

View on PACER

2 Opinion

View on PACER

3 Order

View on PACER

Jan. 2, 2014

Jan. 2, 2014

PACER
74

ORDER, pursuant to the order of the Court of Appeals for the Seventh Circuit, the Court's Order dated December 14, 2012, denying Plaintiffs' motion for preliminary injunction (Doc. 54 ) is VACATED. IT IS FURTHER ORDERED that Defendants, their officers, agents, servants, employees, successors in office, attorneys, and those acting in active concert or participation with them, are ENJOINED and RESTRAINED from any effort to apply or enforce, as to Plaintiffs, the requirements imposed under the provisions of 42 U.S.C. § 300gg-13(a)(4) and its implementing regulations at issue in this case (see 45 C.F.R. § 147.130; 77 Fed. Reg. 8725), or the penalties related thereto, until further order of the Court. Signed by Judge Michael J. Reagan on 01/13/14. (dkd ) (Entered: 01/13/2014)

Jan. 13, 2014

Jan. 13, 2014

PACER
75

ORDER: In light of the fact that this action is stayed pending resolution of the similar case, Sebelius, Sec. of H & HS v. Hobby Lobby Stores, Inc., No. 13-cv-354, which is to be argued before the United States Supreme Court on Tuesday, March 25, 2014, and will undoubtedly impact this action, Plaintiffs' Motion for Partial Summary Judgment (Doc. 8 ) is DENIED without prejudice and with leave to re-file once the Hobby Lobby case has been decided. As soon as this action is in a posture to proceed, the parties are to notify the Court and request a status conference. At that point, a new briefing schedule will be entered or other appropriate action will be taken. Signed by Judge Michael J. Reagan on 01/14/2014. (bak)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 01/14/2014)

Jan. 14, 2014

Jan. 14, 2014

PACER
76

NOTICE by Cyril B. Korte, Jane E. Korte, Korte & Luitjohan Contractors, Inc. re 75 Order, Terminate Motions,,,,,, Joint Notice and Request for Status Conference on behalf of all Plaintiffs and Defendants (White, Edward) (Entered: 07/08/2014)

July 8, 2014

July 8, 2014

PACER
77

Joint MOTION to Substitute Party pursuant to Court Order at Docket Entry 74 by Cyril B. Korte, Jane E. Korte, Korte & Luitjohan Contractors, Inc.. (White, Edward) (Entered: 07/08/2014)

July 8, 2014

July 8, 2014

PACER
78

ORDER LIFTING STAY; SETTING TELEPHONIC STATUS CONFERENCE. By Joint Notice 76 the parties have informed the Court that following the Supreme Court's June 30, 2014, ruling in Burwell v. Hobby Lobby Stores, they are now prepared to proceed with this case. Accordingly, the stay on this case is LIFTED. A telephonic status conference with the Court is hereby set for Wednesday, September 3, 2014, at 10:00 AM, to discuss how to proceed in the most expeditious manner. The parties shall present a proposed schedule at the conference; a written draft should be submitted to the Court's proposed document email address: MJRpd@ilsd.uscourts.gov. Instructions for placing the conference call are as follows: call toll free 888-684-8852; when prompted enter Access Code 8364933; and when prompted enter Security Code 9225. IT IS SO ORDERED. Signed by Judge Michael J. Reagan on 7/28/2014. (mmr)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 07/28/2014)

July 28, 2014

July 28, 2014

PACER
79

ORDER GRANTING 77 Motion to Substitute Party. Pursuant to Federal Rule of Civil Procedure 25(d), the parties' joint motion to substitute successor officers 77 is GRANTED. The Clerk of Court is DIRECTED to substitute: (1) Sylvia M. Burwell in her official capacity for Kathleen Sebelius, (2) Jacob J. Lew in his official capacity for Timothy F. Geithner, and (3) Thomas E. Perez in his official capacity for Hilda L. Solis as Defendants in this action. IT IS SO ORDERED. Signed by Judge Michael J. Reagan on 7/28/2014. (mmr)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 07/28/2014)

July 28, 2014

July 28, 2014

PACER
80

ORDER of USCA re Bill of Costs as to 55 Notice of Interlocutory Appeal filed by Korte & Luitjohan Contractors, Inc., Cyril B. Korte, Jane E. Korte. (anm) (Entered: 08/12/2014)

Aug. 12, 2014

Aug. 12, 2014

PACER
81

Minute Entry for proceedings held before Judge Michael J. Reagan: Status Conference held on 9/3/2014. Edward White III appearing on behalf of Plaintiffs and Bradley Humphrys appearing on behalf of Defendants. See following order for details. (Court Reporter Barb Kniepmann.) (dkd)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 09/03/2014)

Sept. 3, 2014

Sept. 3, 2014

PACER
82

ORDER Continuing Preliminary Injunction and Setting Deadline. In accord with the Supreme Courts ruling in Burwell v. Hobby Lobby Stores, Inc., 573 U.S. __, 134 S.Ct. 2751 (June 30, 2014), and following the September 3, 2014, status conference with the parties, it is hereby ordered that the preliminary injunction entered January 13, 2014 (Doc. 75) shall continue until further order from this Court. Plaintiffs shall file their motion for summary judgment no earlier than October 3, 2014. No extension of that filing deadline or the response and reply deadlines under Local Rule 7.1(c) will be granted, absent extraordinary circumstances. IT IS SO ORDERED.Signed by Judge Michael J. Reagan on 09/03/14. (dkd)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 09/03/2014)

Sept. 3, 2014

Sept. 3, 2014

PACER
83

MOTION for Summary Judgment on Count I (Religious Freedom Restoration Act) of Plaintiffs' Complaint by Cyril B. Korte, Jane E. Korte, Korte & Luitjohan Contractors, Inc.. Responses due by 11/6/2014 (White, Edward) (Entered: 10/03/2014)

Oct. 3, 2014

Oct. 3, 2014

PACER
84

MOTION to Stay Court Proceedings Other Than With Respect To Plaintiffs' Motion for Summary Judgment, Doc. 83, With Stay Automatically Lifted Upon Ruling On Motion For Summary Judgment, Doc. 83, by Cyril B. Korte, Jane E. Korte, Korte & Luitjohan Contractors, Inc.. (White, Edward) (Entered: 10/03/2014)

Oct. 3, 2014

Oct. 3, 2014

PACER
85

ORDER Denying as Moot 84 Motion to Stay. Before the Court is Plaintiffs' motion to stay all proceedings in this action until Plaintiffs' recently filed motion for summary judgment is decided 84 . Plaintiffs' stated aim is to preserve the resources and time of the parties and the Court. Following the September 3, 2014, status conference, the Court formally continued the preliminary injunction that has been in place since January 13, 2014 82 . The preliminary injunction in Plaintiffs' favor is to remain in place until further order of the Court. Although a date was set for Plaintiffs to file their motion for summary judgment, no trial date has been set and Judge Frazier has not held a discovery conference. Consequently, discovery cannot commence and the only cause for activity in this action is the motion for summary judgment. See Fed.R.Civ.P. 26(d). For these reasons, Plaintiffs' motion to stay this action 84 is DENIED AS MOOT. Signed by Chief Judge Michael J. Reagan on 10/08/2014. (mmr)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 10/08/2014)

Oct. 8, 2014

Oct. 8, 2014

PACER
86

Joint MOTION for Permanent Injunction and Final Judgment Submitted by the Parties by Cyril B. Korte, Jane E. Korte, Korte & Luitjohan Contractors, Inc.. Responses due by 12/8/2014 (White, Edward) (Entered: 11/04/2014)

Nov. 4, 2014

Nov. 4, 2014

RECAP
87

NOTICE by Cyril B. Korte, Jane E. Korte, Korte & Luitjohan Contractors, Inc. re 83 MOTION for Summary Judgment on Count I (Religious Freedom Restoration Act) of Plaintiffs' Complaint Notice of the Withdrawal of Motion for Summary Judgment on Count I by Plaintiffs in light of settlement (White, Edward) (Entered: 11/04/2014)

Nov. 4, 2014

Nov. 4, 2014

PACER
88

NOTICE OF ERRORS AND/OR DEFICIENCIES re 86 Joint Motion for Permanent Injunction filed by Korte & Luitjohan Contractors, Inc., Cyril B. Korte, Jane E. Korte. A document with multiple signatures should have "with consent" following the name of the non-filing signatory. Please refer to User's Manual section 2.0 page 2.1. NO FURTHER ACTION REQUIRED BY FILER(trb)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 11/05/2014)

Nov. 5, 2014

Nov. 5, 2014

PACER
89

ORDER: Joint motion for entry of summary judgment in Plaintiffs' favor on Count I, dismissal of all other claims, and entry of a permanent injunction (Doc. 86 ) is GRANTED. Judgment is entered in favor of Plaintiffs and against Defendants on Plaintiffs' claim under the Religious Freedom Restoration Act, 42 U.S.C. §§ 2000bb et seq.; and it is further ORDERED that all other claims against Defendants are DISMISSED; Plaintiffs for attorneys' fees and costs shall be submitted on or before 60 days (or the next business day if that day falls on a weekend or court holiday) from the date this judgment is issued. Final judgment shall issue accordingly, after the attorneys' fees, costs and expenses are finalized. Signed by Chief Judge Michael J. Reagan on 11/7/14. (dkd) (Entered: 11/07/2014)

Nov. 7, 2014

Nov. 7, 2014

RECAP
90

Joint MOTION for Extension of Time to File Plaintiffs' Motion for Attorneys' Fees and Costs by Cyril B. Korte, Jane E. Korte, Korte & Luitjohan Contractors, Inc.. (White, Edward) (Entered: 12/15/2014)

Dec. 15, 2014

Dec. 15, 2014

PACER
91

ORDER, GRANTING 90 Joint MOTION for Extension of Time filed by Korte & Luitjohan Contractors, Inc., Cyril B. Korte, Jane E. Korte. Before the Court is the parties joint motion for an extension of the deadline for Plaintiffs to move for attorneys' fees and costs (Doc. 90). The parties indicate that they are working toward an agreement. For good cause shown, the joint motion (Doc. 90) is GRANTED; on or before February 20, 2015, Plaintiffs shall file their motion for attorneys' fees and costs. IT IS SO ORDERED.Signed by Chief Judge Michael J. Reagan on 12/16/2014. ( Action due by 2/20/2015.) (mmr)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 12/16/2014)

Dec. 16, 2014

Dec. 16, 2014

PACER
92

NOTICE by Cyril B. Korte, Jane E. Korte, Korte & Luitjohan Contractors, Inc. re 91 Terminate Deadlines, Order, Set Deadlines, Terminate Motions,,,,,,,, Joint Notice Regarding Attorneys' Fees and Costs Issue (White, Edward) (Entered: 02/19/2015)

Feb. 19, 2015

Feb. 19, 2015

PACER
93

NOTICE OF ERRORS AND/OR DEFICIENCIES re 92 Notice (Other) filed by Korte & Luitjohan Contractors, Inc., Cyril B. Korte, Jane E. Korte. With consent is missing from the non-filer's signature. Please consult the ECF User Manual related to signatures for future filings. (lmb)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 02/23/2015)

Feb. 23, 2015

Feb. 23, 2015

PACER
94

CLERK'S JUDGMENT. JUDGMENT IS HEREBY ENTERED IN FAVOR OF Plaintiffs CYRIL B. KORTE, JANE E. KORTE, and KORTE & LUITJOHAN CONTRACTORS, INC., and AGAINST Defendants UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES; SYLVIA M. BURWELL, in her official capacity as the Secretary of the United. Signed by Chief Judge Michael J. Reagan on 02/26/15. (dkd) (Entered: 02/26/2015)

Feb. 26, 2015

Feb. 26, 2015

PACER

Case Details

State / Territory: Illinois

Case Type(s):

Speech and Religious Freedom

Special Collection(s):

Contraception Insurance Mandate

Multi-LexSum (in sample)

Key Dates

Filing Date: Oct. 9, 2012

Closing Date: 2015

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Business owners opposing the contraception coverage mandate under the Affordable Care Act for religious reasons.

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):

Establishment Clause

Free Exercise Clause

Freedom of speech/association

Availably Documents:

Trial Court Docket

Complaint (any)

Monetary Relief

Injunctive (or Injunctive-like) Relief

Non-settlement Outcome

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

Litigation

Amount Defendant Pays: 578.80

Content of Injunction:

Preliminary relief granted

Issues

General:

Abortion

Contraception

Religious programs / policies

Discrimination-basis:

Religion discrimination

Type of Facility:

Non-government for-profit