Case: Newland v. Sebelius

1:12-cv-01123 | U.S. District Court for the District of Colorado

Filed Date: April 30, 2012

Closed Date: 2015

Clearinghouse coding complete

Case Summary

On April 30, 2012, a family of Catholic business owners filed this lawsuit in the U.S. District Court for the District of Colorado. The plaintiffs sued the U.S. Departments of Health and Human Services, Labor, and the Treasury under the First Amendment, the Religious Freedom Restoration Act ("RFRA"), and the Administrative Procedures Act ("APA"). The plaintiffs, represented by the Alliance Defense Fund, asked the court for both declaratory and injunctive relief, alleging that federal rules ad…

On April 30, 2012, a family of Catholic business owners filed this lawsuit in the U.S. District Court for the District of Colorado. The plaintiffs sued the U.S. Departments of Health and Human Services, Labor, and the Treasury under the First Amendment, the Religious Freedom Restoration Act ("RFRA"), and the Administrative Procedures Act ("APA"). The plaintiffs, represented by the Alliance Defense Fund, 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 their religious freedom by requiring them to provide coverage for contraception through their companies' group health insurance plans. Claiming that providing contraceptive coverage would contravene their Catholic faith, the plaintiffs sought an exemption from the ACA's contraception mandate for themselves and other business owners with similar religious objections.

On June 8, 2012, the defendants moved to dismiss the case for lack of jurisdiction. The defendants argued that the plaintiffs could not claim any imminent harm because they had not shown that they could not escape enforcement by virtue of the regulations' grandfathering provision.

The plaintiffs filed an amended complaint and an amended motion for injunctive relief on June 26, 2012, detailing reasons why their insurance plan could not claim exemption from the regulations via the grandfathering provision, and why they faced imminent harm absent injunctive relief. On July 13, 2012, the U.S. moved to dismiss this amended complaint and opposing the amended injunction motion, arguing that the plaintiffs had failed to state a claim upon which relief could be granted. Specifically, the government claimed that the plaintiffs had not sufficiently alleged a substantial burden on their religious freedom, and that even if a substantial burden existed, the contraceptive coverage regulations were the least restrictive means of serving a compelling government interest in women's health and equality.

On July 27, 2012, the District Court (Judge John L. Kane) granted the plaintiffs' motion for a preliminary injunction, finding that the plaintiffs could not avoid imminent harm to their constitutional and statutory rights via either the grandfathering provision or the defendants' enforcement "safe harbor" period. Judge Kane further found that the regulations were not the least restrictive means of furthering the government's compelling interest and enjoined the defendants from enforcing the contraceptive mandate against the plaintiffs. Newland v. Sebelius, 881 F. Supp. 2d 1287 (D. Colo. July 27, 2012).

The U.S. appealed the preliminary injunction order to the 10th Circuit (Docket No. 12-01380). On October 26, 2012, District Court Judge Kane granted the plaintiffs' motion to stay the district court proceedings pending the 10th Circuit appeal. On March 29, 2013, the 10th Circuit Clerk (Elisabeth A. Shumaker) filed an order denying the defendants' motion to consolidate the case with appeal number 12-6294, Hobby Lobby Stores, Inc. v. Sebelius.

On October 3, 2013, without hearing oral argument, Circuit Court Judge Scott M. Matheson, Jr., affirmed the district court's decision to grant injunctive relief and remanded the case to the district court for further proceedings.

On January 31, 2014, the government sought review in the Supreme Court; the petition was held pending the Supreme Courts' decision in Hobby LobbyBurwell v. Hobby Lobby (also known as Hobby Lobby v. Sebelius) and Conestoga Wood Specialities Corps. The Hobby Lobby decision issued on June 30, 2014: In 5-4 opinion by Justice Alito, the Court held that the HHS regulations imposing the contraceptive mandate violate RFRA, when applied to closely-held for-profit corporations. (The Court emphasized, however, that alternative methods for meeting the government's asserted interest were available.) The next day, the Supreme Court denied the government's petition for review in this case.

On March 16, 2015, the District Court granted an unusually broad permanent injunction for the plaintiffs. 83 F.Supp.3d 1122. The injunction prevented the government not only from enforcing the version of the contraception mandate that existed at the time of the Hobby Lobby decision against the plaintiffs' business, but any future version of the mandate. Permanent injunctions in similar cases have limited the government only from enforcing the version of the mandate that was at issue in Hobby Lobby. The Court emphasized that the injunction did not apply beyond the particular plaintiffs in the case. In this injunction, the government bears the burden of seeking to dissolve it if it issues a version of the contraceptive services mandate that complies with the RFRA. The injunction applied to the plaintiffs' family business, Hercules Industries, and the claims of the individual plaintiffs were abated pending further action by the court.

On April 29, 2015, the parties notified the court that attorneys' fees and costs had been resolved out of court by settlement.

Summary Authors

Mallory Jones (11/26/2013)

Richard Jolly (4/12/2014)

Kate Craddock (4/10/2016)

Related Cases

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

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/5313499/parties/newland-v-sebelius/


Judge(s)

Kane, John L. Jr. (Colorado)

Matheson, Scott Milne Jr. (Utah)

Attorneys(s) for Plaintiff

Aden, Steven H. (Virginia)

Baylor, Gregory S. (District of Columbia)

Bowman, Matthew S. (District of Columbia)

Cortman, David A. (Georgia)

Norton, Michael Jeffrey (Colorado)

Stanley, Erik William (Kansas)

Theriot, Kevin H. (Kansas)

Attorneys(s) for Defendant

Bennett, Michelle Renee (District of Columbia)

Judge(s)

Kane, John L. Jr. (Colorado)

Matheson, Scott Milne Jr. (Utah)

Attorneys(s) for Plaintiff

Aden, Steven H. (Virginia)

Baylor, Gregory S. (District of Columbia)

Bowman, Matthew S. (District of Columbia)

Cortman, David A. (Georgia)

Norton, Michael Jeffrey (Colorado)

Stanley, Erik William (Kansas)

Theriot, Kevin H. (Kansas)

Attorneys(s) for Defendant

Bennett, Michelle Renee (District of Columbia)

Documents in the Clearinghouse

Document

Docket [PACER]

April 29, 2015 Docket
5

Motion for Preliminary Injunction and Certificate of Compliance Re: Consultation on Motion

April 30, 2012 Pleading / Motion / Brief
5-1

Brief in Support of Motion for Preliminary Injunction

April 30, 2012 Pleading / Motion / Brief
19

First Amended Verified Complaint

June 26, 2012 Complaint
30

Order

881 F.Supp.2d 1287

July 27, 2012 Order/Opinion
57

Order

Oct. 26, 2012 Order/Opinion
58

Order and Judgment

U. S. Court of Appeals for the Tenth Circuit

542 Fed.Appx. 706

Oct. 3, 2013 Order/Opinion

Certiorari -- Summary Disposition

Burwell v. Newland

Supreme Court of the United States

134 S.Ct. 2901

July 1, 2014 Order/Opinion
70

Permanent Injunction and Memorandum Opinion

Newland v. Burwell

83 F.Supp.3d 1122

March 16, 2015 Order/Opinion

Resources

Title Description External URL

Docket

See docket on RECAP: https://www.courtlistener.com/docket/5313499/newland-v-sebelius/

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

ECF Number Description Date Link
1

COMPLAINT, Verified, against Timothy Geithner, Kathleen Sebelius, Hilda Solis, United States Department of Health and Human Services, United States Department of Labor, United States Department of the Treasury (Filing fee $ 350, Receipt Number 1082-2815626), filed by Hercules Industries, Inc., James Newland, Paul Newland, Christine Ketterhagen, William Newland, Andrew Newland. (Attachments: # 1 Civil Cover Sheet, # 2 Summons for Kathleen Sebelius, # 3 Summons for Hilda Solis, # 4 Summons for Timothy Geithner, # 5 Summons for Dept. of HHS, # 6 Summons for Dept. of Labor, # 7 Summons for Dept. of Treasury)(Norton, Michael) (Entered: 04/30/2012)

1 Civil Cover Sheet

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2 Summons for Kathleen Sebelius

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3 Summons for Hilda Solis

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4 Summons for Timothy Geithner

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5 Summons for Dept. of HHS

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6 Summons for Dept. of Labor

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7 Summons for Dept. of Treasury

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April 30, 2012 PACER
2

NOTICE OF CASE ASSOCIATION of possibly related cases per D. Colo. L.R. 7.5 by Plaintiffs Hercules Industries, Inc., Christine Ketterhagen, Andrew Newland, James Newland, Paul Newland, William Newland (Norton, Michael) (Entered: 04/30/2012)

April 30, 2012 PACER
3

Case assigned to Judge John L. Kane and drawn to Magistrate Judge Kathleen M. Tafoya. Text Only Entry (dkals, ) (Entered: 04/30/2012)

April 30, 2012 PACER
4

SUMMONSES issued by Clerk. Magistrate Judge Consent Form attached. (Attachments: # 1 Magistrate Judge Consent Form) (dkals, ) (Entered: 04/30/2012)

1 Magistrate Judge Consent Form

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April 30, 2012 PACER
5

MOTION for Preliminary Injunction by Plaintiffs Hercules Industries, Inc., Christine Ketterhagen, Andrew Newland, James Newland, Paul Newland, William Newland. (Attachments: # 1 Brief in Support, # 2 Proposed Order (PDF Only))(Norton, Michael) (Entered: 04/30/2012)

1 Brief in Support

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2 Proposed Order (PDF Only)

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April 30, 2012 PACER
6

MINUTE ORDER As detailed in my dissent to the courts adoption of D.C. COLO. LCiv.R 72.2E and specified in my pretrial and trial procedures in civil cases, I view the delegation of Article III authority to Article I judges to be unconstitutional and will not approve the exercise of consent jurisdiction to magistrate judges. The parties to this case should disregard as inapplicable the Clerks office Instructions Regarding Notice of Availability of a United States Magistrate Judge issued with the Summons in this case by Judge John L. Kane on 04/30/12. Text Only Entry (jlksec) (Entered: 04/30/2012)

April 30, 2012 PACER
7

NOTICE of Entry of Appearance by Erik William Stanley on behalf of Hercules Industries, Inc., Christine Ketterhagen, Andrew Newland, James Newland, Paul Newland, William Newland (Stanley, Erik) (Entered: 05/02/2012)

May 2, 2012 PACER
8

NOTICE of Entry of Appearance by Kevin H. Theriot on behalf of Hercules Industries, Inc., Christine Ketterhagen, Andrew Newland, James Newland, Paul Newland, William Newland (Theriot, Kevin) (Entered: 05/02/2012)

May 2, 2012 PACER
9

NOTICE of Entry of Appearance by Steven H. Aden on behalf of Hercules Industries, Inc., Christine Ketterhagen, Andrew Newland, James Newland, Paul Newland, William Newland (Aden, Steven) (Entered: 05/02/2012)

May 2, 2012 PACER
10

NOTICE of Entry of Appearance by Gregory S. Baylor on behalf of Hercules Industries, Inc., Christine Ketterhagen, Andrew Newland, James Newland, Paul Newland, William Newland (Baylor, Gregory) (Entered: 05/02/2012)

May 2, 2012 PACER
11

NOTICE of Entry of Appearance by Matthew Scott Bowman on behalf of Hercules Industries, Inc., Christine Ketterhagen, Andrew Newland, James Newland, Paul Newland, William Newland (Bowman, Matthew) (Entered: 05/02/2012)

May 2, 2012 PACER
12

NOTICE of Entry of Appearance by David Andrew Cortman on behalf of All Plaintiffs (Cortman, David) (Entered: 05/03/2012)

May 3, 2012 PACER
13

NOTICE of Entry of Appearance by Michelle Renee Bennett on behalf of All Defendants (Bennett, Michelle) (Entered: 05/04/2012)

May 4, 2012 PACER
14

Proposed Scheduling Order, Joint Motion by all parties to set schedule, by Plaintiffs Hercules Industries, Inc., Christine Ketterhagen, Andrew Newland, James Newland, Paul Newland, William Newland. (Attachments: # 1 Proposed Order (PDF Only))(Bowman, Matthew) (Entered: 05/04/2012)

1 Proposed Order (PDF Only)

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May 4, 2012 PACER
15

MINUTE ORDER. Defendants' reponse to Plaintiffs' Motion for Preliminary Injunction 5 is due on 06/08/12. Plaintiffs' reply in support of their motion is due on 06/27/12 by Judge John L. Kane on 05/08/12. (jjhsl, ) (Entered: 05/08/2012)

May 8, 2012 PACER
16

MOTION to Dismiss by Defendants Timothy Geithner, Kathleen Sebelius, Hilda Solis, United States Department of Health and Human Services, United States Department of Labor, United States Department of the Treasury. (Attachments: # 1 Memorandum in Support)(Bennett, Michelle) (Entered: 06/08/2012)

1 Memorandum in Support

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June 8, 2012 PACER
17

BRIEF in Opposition to 5 MOTION for Preliminary Injunction filed by Defendants Timothy Geithner, Kathleen Sebelius, Hilda Solis, United States Department of Health and Human Services, United States Department of Labor, United States Department of the Treasury. (Bennett, Michelle) (Entered: 06/08/2012)

June 8, 2012 PACER
18

MINUTE ORDER. Defendants' Motion to Dismiss 16 is set for a briefing schedule as follows: Plaintiffs' response to Defendants' motion is due on or before June 29, 2012; Defendants' reply in support of their motion is due on or before July 11, 2012 by Judge John L. Kane on 06/11/12. (jjhsl, ) (Entered: 06/11/2012)

June 11, 2012 PACER
19

AMENDED COMPLAINT First, Verified, against Timothy Geithner, Kathleen Sebelius, Hilda Solis, United States Department of Health and Human Services, United States Department of Labor, United States Department of the Treasury, filed by Hercules Industries, Inc., James Newland, Paul Newland, Christine Ketterhagen, William Newland, Andrew Newland.(Bowman, Matthew) (Entered: 06/26/2012)

June 26, 2012 PACER
20

MINUTE ORDER. All current briefing deadlines are VACATED and RESET as follows. Pursuant to Fed. R. Civ. P. 15(a)(3), Defendants shall have up to and including July 10, 2012 to file an answer or otherwise respond to Plaintiffs' Amended Complaint. Plaintiffs shall file any necessary reply no later than July 17, 2012 by Judge John L. Kane on 06/26/12. (jjhsl, ) (Entered: 06/26/2012)

June 26, 2012 PACER
21

Utility Setting/Resetting Deadlines/Hearings: Timothy Geithner answer due 7/10/2012; Kathleen Sebelius answer due 7/10/2012; Hilda Solis answer due 7/10/2012; United States Department of Health and Human Services answer due 7/10/2012; United States Department of Labor answer due 7/10/2012; United States Department of the Treasury answer due 7/10/2012. Pursuant to the Minure Order of 06/26/12. Text Only Entry (jjhsl, ) (Entered: 06/26/2012)

June 26, 2012 PACER
22

Joint MOTION to Amend/Correct/Modify 20 Minute Order, by Defendants Timothy Geithner, Kathleen Sebelius, Hilda Solis, United States Department of Health and Human Services, United States Department of Labor, United States Department of the Treasury. (Bennett, Michelle) (Entered: 06/28/2012)

June 28, 2012 PACER
23

Minute ORDER granting 22 Joint Motion to Amend Briefing Schedule. Defendants must answer or otherwise respond to Plaintiffs' First Amended Complaint and file an amended brief in response to Plaintiffs' Motion for Preliminary Injunction no later than 7/13/12. Plaintiffs reply in support of their Motion for Preliminary Injunction must be filed no later than 7/20/12, by Judge John L. Kane on 6/28/12.(lygsl, ) (Entered: 06/28/2012)

June 28, 2012 RECAP
24

MINUTE ORDER Setting Oral Argument for 7/25/2012 01:30 PM in Courtroom A 802 before Judge John L. Kane by Judge John L. Kane on 07/11/12. (jjhsl, ) (Entered: 07/11/2012)

July 11, 2012 PACER
25

MOTION to Dismiss the First Amended Complaint by Defendants Timothy Geithner, Kathleen Sebelius, Hilda Solis, United States Department of Health and Human Services, United States Department of Labor, United States Department of the Treasury. (Attachments: # 1 Memorandum in Support)(Bennett, Michelle) (Entered: 07/13/2012)

1 Memorandum in Support

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July 13, 2012 PACER
26

BRIEF in Opposition to 5 MOTION for Preliminary Injunction filed by Defendants Timothy Geithner, Kathleen Sebelius, Hilda Solis, United States Department of Health and Human Services, United States Department of Labor, United States Department of the Treasury. (Bennett, Michelle) (Entered: 07/13/2012)

July 13, 2012 PACER
27

REPLY to Response to 5 MOTION for Preliminary Injunction filed by Plaintiffs Hercules Industries, Inc., Christine Ketterhagen, Andrew Newland, James Newland, Paul Newland, William Newland. (Bowman, Matthew) (Entered: 07/17/2012)

July 17, 2012 PACER
28

NOTICE of Change of Address/Contact Information / Firm Name of Attorneys for Plaintiffs by Matthew Scott Bowman (Bowman, Matthew) (Entered: 07/20/2012)

July 20, 2012 PACER
29

MINUTE ENTRY for Oral Argument Hearing proceedings held before Judge John L. Kane on 7/25/2012. Taking under advisement 5 Motion for Preliminary Injunction. Court Reporter: Janet Coppock. (babia) (Entered: 07/25/2012)

July 25, 2012 RECAP
30

ORDER granting 5 Motion for Preliminary Injunction, by Judge John L. Kane on 7/27/12.(sgrim) (Entered: 07/27/2012)

July 27, 2012 RECAP
31

NOTICE of anticipated briefing schedule amendment, by Plaintiffs Hercules Industries, Inc., Christine Ketterhagen, Andrew Newland, James Newland, Paul Newland, William Newland (Bowman, Matthew) (Entered: 07/30/2012)

July 30, 2012 PACER
32

BOND FOR PRELIMINARY INJUNCTION posted by Plaintiffs Hercules Industries, Inc., Christine Ketterhagen, Andrew Newland, James Newland, Paul Newland, William Newland. (Norton, Michael) (Entered: 07/30/2012)

July 30, 2012 PACER
33

RECEIPT for $100.00 re: 30 Order on Motion for Preliminary Injunction, by Plaintiffs Hercules Industries, Inc., Christine Ketterhagen, Andrew Newland, James Newland, Paul Newland, William Newland. (sgrim) (Entered: 07/30/2012)

July 30, 2012 PACER
34

TRANSCRIPT of Hearing on Motion for Preliminary Injunction held on July 25, 2012 before Judge John L. Kane. Pages: 1-53. <P> NOTICE - REDACTION OF TRANSCRIPTS: Within seven calendar days of this filing, each party shall inform the Court, by filing a Notice of Intent to Redact, of the party's intent to redact personal identifiers from the electronic transcript of the court proceeding. If a Notice of Intent to Redact is not filed within the allotted time, this transcript will be made electronically available after 90 days. Please see the Notice of Electronic Availability of Transcripts document at www.cod.uscourts.gov.</P> Transcript may only be viewed at the court public terminal or purchased through the Court Reporter/Transcriber prior to the 90 day deadline for electronic posting on PACER. Release of Transcript Restriction set for 11/2/2012. (Coppock, Janet) (Entered: 08/01/2012)

Aug. 1, 2012 PACER
35

RESPONSE to 31 Notice (Other) by Defendants Timothy Geithner, Kathleen Sebelius, Hilda Solis, United States Department of Health and Human Services, United States Department of Labor, United States Department of the Treasury. (Bennett, Michelle) (Entered: 08/02/2012)

Aug. 2, 2012 PACER
36

Joint MOTION for Order to set briefing schedule for defendants' motion to dismiss by Defendants Timothy Geithner, Kathleen Sebelius, Hilda Solis, United States Department of Health and Human Services, United States Department of Labor, United States Department of the Treasury. (Bennett, Michelle) (Entered: 08/03/2012)

Aug. 3, 2012 RECAP
37

ORDER granting Joint Motion 36 to Set Briefing Schedule for Defendants' Motion to Dismiss 16 . Plaintiffs' Response to the Motion to Dismiss is due on or before August 31, 2012; Defendants' Reply is due on or before September 19, 2012, by Judge John L. Kane on 8/3/12. Text Only Entry(sgrim) (Entered: 08/03/2012)

Aug. 3, 2012 PACER
38

Joint MOTION for Extension of Time to file Joint Case Management Plan by Plaintiffs Hercules Industries, Inc., Christine Ketterhagen, Andrew Newland, James Newland, Paul Newland, William Newland. (Attachments: # 1 Proposed Order (PDF Only))(Bowman, Matthew) (Entered: 08/17/2012)

1 Proposed Order (PDF Only)

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Aug. 17, 2012 PACER
39

ORDER granting 38 Motion for Extension of Time. The August 27, 2012 deadline for filing a Joint Case Management Plan is VACATED. The parties shall file their Joint Case Management Plan on or before October 26, 2012, by Judge John L. Kane on 8/17/12.(sgrim) (Entered: 08/17/2012)

Aug. 17, 2012 RECAP
40

RESPONSE to 25 MOTION to Dismiss the First Amended Complaint filed by Plaintiffs Hercules Industries, Inc., Christine Ketterhagen, Andrew Newland, James Newland, Paul Newland, William Newland. (Bowman, Matthew) (Entered: 08/30/2012)

Aug. 30, 2012 PACER
41

Unopposed MOTION for Extension of Time to File Response/Reply as to 25 MOTION to Dismiss the First Amended Complaint by Defendants Timothy Geithner, Kathleen Sebelius, Hilda Solis, United States Department of Health and Human Services, United States Department of Labor, United States Department of the Treasury. (Bennett, Michelle) (Entered: 09/11/2012)

Sept. 11, 2012 PACER
42

MINUTE ORDER. Defendants' Unopposed MOTION for An Extension of Time to File Reply Brief 41 is GRANTED. The deadline for Defendants' reply brief is hereby extended to October 3, 2012, by Judge John L. Kane on 9/12/12. Text Only Entry(sgrim) (Entered: 09/12/2012)

Sept. 12, 2012 PACER
43

NOTICE OF APPEAL as to 30 Order on Motion for Preliminary Injunction by Defendants Timothy Geithner, Kathleen Sebelius, Hilda Solis, United States Department of Health and Human Services, United States Department of Labor, United States Department of the Treasury (Bennett, Michelle) (Entered: 09/25/2012)

Sept. 25, 2012 PACER
44

LETTER Transmitting Notice of Appeal to all counsel advising of the transmittal of the 43 Notice of Appeal, filed by Kathleen Sebelius, Hilda Solis, Timothy Geithner, United States Department of Health and Human Services, United States Department of the Treasury, United States Department of Labor to the U.S. Court of Appeals. ( Retained Counsel USA) (Attachments: # 1 Docket Sheet, # 2 Preliminary Record)(lswsl ) (Entered: 09/26/2012)

1 Docket Sheet

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2 Preliminary Record

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Sept. 26, 2012 PACER
45

USCA Case Number 12-1380 for 43 Notice of Appeal, filed by Kathleen Sebelius, Hilda Solis, Timothy Geithner, United States Department of Health and Human Services, United States Department of the Treasury, United States Department of Labor. (lswsl ) (Entered: 09/26/2012)

Sept. 26, 2012 PACER
46

REPLY to Response to 25 MOTION to Dismiss the First Amended Complaint filed by Defendants Timothy Geithner, Kathleen Sebelius, Hilda Solis, United States Department of Health and Human Services, United States Department of Labor, United States Department of the Treasury. (Attachments: # 1 O'Brien opinion)(Bennett, Michelle) (Entered: 10/03/2012)

1 O'Brien opinion

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Oct. 3, 2012 PACER
47

NOTICE of Supplemental Authorities re: 40 Response to Motion by Plaintiffs Hercules Industries, Inc., Christine Ketterhagen, Andrew Newland, James Newland, Paul Newland, William Newland (Attachments: # 1 Exhibit O'Brien opinion)(Bowman, Matthew) (Entered: 10/04/2012)

1 Exhibit O'Brien opinion

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Oct. 4, 2012 PACER
48

TRANSCRIPT ORDER FORM re 43 Notice of Appeal, by Defendants Timothy Geithner, Kathleen Sebelius, Hilda Solis, United States Department of Health and Human Services, United States Department of Labor, United States Department of the Treasury (Bennett, Michelle) (Entered: 10/09/2012)

Oct. 9, 2012 PACER
49

LETTER TO USCA and all counsel certifying the record is complete as to 43 Notice of Appeal, filed by Kathleen Sebelius, Hilda Solis, Timothy Geithner, United States Department of Health and Human Services, United States Department of the Treasury, United States Department of Labor. A transcript order form was filed stating that the necessary transcript is already on file. ( Appeal No. 12-1380) Text Only Entry (lswsl ) (Entered: 10/10/2012)

Oct. 9, 2012 PACER
50

Joint MOTION to Continue Deadline for Case Management Plan Filing by Plaintiffs Hercules Industries, Inc., Christine Ketterhagen, Andrew Newland, James Newland, Paul Newland, William Newland. (Attachments: # 1 Proposed Order (PDF Only) Proposed Order)(Bowman, Matthew) (Entered: 10/11/2012)

1 Proposed Order (PDF Only) Proposed Order

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Oct. 11, 2012 PACER
51

MOTION to Stay Proceedings Pending Appeal by Plaintiffs Hercules Industries, Inc., Christine Ketterhagen, Andrew Newland, James Newland, Paul Newland, William Newland. (Attachments: # 1 Proposed Order (PDF Only) Proposed Order)(Bowman, Matthew) (Entered: 10/11/2012)

1 Proposed Order (PDF Only) Proposed Order

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Oct. 11, 2012 PACER
52

MOTION to Continue case management plan deadline by Defendants Timothy Geithner, Kathleen Sebelius, Hilda Solis, United States Department of Health and Human Services, United States Department of Labor, United States Department of the Treasury. (Attachments: # 1 Proposed Order (PDF Only))(Bennett, Michelle) (Entered: 10/11/2012)

1 Proposed Order (PDF Only)

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Oct. 11, 2012 PACER
53

BRIEF in Opposition to 51 MOTION to Stay Proceedings Pending Appeal filed by Defendants Timothy Geithner, Kathleen Sebelius, Hilda Solis, United States Department of Health and Human Services, United States Department of Labor, United States Department of the Treasury. (Attachments: # 1 Exhibit A)(Bennett, Michelle) (Entered: 10/18/2012)

1 Exhibit A

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Oct. 18, 2012 PACER
54

REPLY to Response to 52 MOTION to Continue case management plan deadline filed by Plaintiffs Hercules Industries, Inc., Christine Ketterhagen, Andrew Newland, James Newland, Paul Newland, William Newland. (Bowman, Matthew) (Entered: 10/18/2012)

Oct. 18, 2012 PACER
55

ORDER re 50 Motion to Continue. The parties' Joint Motion to Temporarily Continue Deadline for Case Management Plan Filing (Doc. 50) is GRANTED until further order of the court pending resolution of the parties' separate motions to stay (Doc. 51) and to continue (Doc. 52), by Judge John L. Kane on 10/25/12. Text Only Entry(jlksec) (Entered: 10/25/2012)

Oct. 25, 2012 PACER
56

NOTICE of Additional Filings in the Court of Appeals for the Tenth Circuit by Defendants Timothy Geithner, Kathleen Sebelius, Hilda Solis, United States Department of Health and Human Services, United States Department of Labor, United States Department of the Treasury (Attachments: # 1 Exhibit A - Defs.' Corrected Motion, # 2 Exhibit B - Pls.' Opposition, # 3 Exhibit C - Defs.' Reply)(Bennett, Michelle) (Entered: 10/25/2012)

1 Exhibit A - Defs.' Corrected Motion

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2 Exhibit B - Pls.' Opposition

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3 Exhibit C - Defs.' Reply

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Oct. 25, 2012 PACER
57

ORDER. Plaintiffs' Opposed Motion to Stay Proceedings Pending Appeal 51 is GRANTED and this case is STAYED until the Tenth Circuit issues its ruling or until further order of this Court. Defendants' Opposed Motion to Continue the October 26, 2012 Case Management [Scheduling] Plan Deadline until after the Court Rules on the Motion to Dismiss 52 is DENIED as MOOT, by Judge John L. Kane on 10/26/12.(sgrim) (Entered: 10/26/2012)

Oct. 26, 2012 RECAP
58

ORDER of USCA as to 43 Notice of Appeal, filed by Kathleen Sebelius, Hilda Solis, Timothy Geithner, United States Department of Health and Human Services, United States Department of the Treasury, United States Department of Labor. We affirm and remand to the district court.Given the pending petition for certiorari before the Supreme Court in Hobby Lobby, the district court is instructed to abate further proceedings until the Supreme Court completes its consideration of the Hobby Lobby case. At that time, the abatement may be lifted and the court may undertake all proceedings necessary to resolve the issues remaining before it. Finally, appellees' motion to hear this matter with the Hobby Lobby proceeding is denied as moot. (USCA Case No. 12-1380) (dbrow, ) (Entered: 11/26/2013)

Oct. 3, 2013 PACER
59

MANDATE of USCA as to 43 Notice of Appeal, filed by Kathleen Sebelius, Hilda Solis, Timothy Geithner, United States Department of Health and Human Services, United States Department of the Treasury, United States Department of Labor : (USCA Case No. 12-1380) (dbrow, ) (Entered: 11/26/2013)

Nov. 25, 2013 PACER
60

Supreme Court LETTER re 43 Notice of Appeal, filed by Kathleen Sebelius, Hilda Solis, Timothy Geithner, United States Department of Health and Human Services, United States Department of the Treasury, United States Department of Labor. The petition for a writ of certiorari in the above entitled case was filed on January 31, 2014 and placed on the docket January 31, 2014 as No. 13-919. (USCA Case No. 12-1380) (dbrow, ) (Entered: 02/03/2014)

Jan. 31, 2014 PACER
61

Order for Status Report. Hobby Lobby having been decided by the United States Supreme Court on June 30, 2014, this matter is no longer stayed. Parties are ordered to confer and submit jointly a Status Report on or before July 21, 2014 by Judge John L. Kane on 06/30/14. (jhawk, ) (Entered: 06/30/2014)

June 30, 2014 RECAP
62

Supreme Court LETTER re 43 Notice of Appeal, filed by Kathleen Sebelius, Hilda Solis, Timothy Geithner, United States Department of Health and Human Services, United States Department of the Treasury, United States Department of Labor. The petition for a writ of certiorari is denied. (USCA Case No. 12-1380) (dbrow, ) (Entered: 07/01/2014)

July 1, 2014 PACER
63

Joint STATUS REPORT by Plaintiffs Hercules Industries, Inc., Christine Ketterhagen, Andrew Newland, James Newland, Paul Newland, William Newland. (Bowman, Matthew) (Entered: 07/21/2014)

July 21, 2014 PACER
64

MINUTE ORDER re: 63 Joint Status Report. Defendants' Request for thirty days to determine how they wish to proceed is granted. Defendants shall advise the court and opposing counsel of its decision about how to proceed on or before 8/22/2014. Status Report due by 8/22/2014, by Judge John L. Kane on 7/21/14. Text Only Entry (jlksec) (Entered: 07/21/2014)

July 21, 2014 PACER
65

STATUS REPORT by Defendants Timothy Geithner, Kathleen Sebelius, Hilda Solis, United States Department of Health and Human Services, United States Department of Labor, United States Department of the Treasury. (Bennett, Michelle) (Entered: 08/22/2014)

Aug. 22, 2014 PACER
66

RESPONSE to 65 Status Report by Plaintiffs Hercules Industries, Inc., Christine Ketterhagen, Andrew Newland, James Newland, Paul Newland, William Newland. (Bowman, Matthew) (Entered: 08/22/2014)

Aug. 22, 2014 PACER
67

MINUTE ORDER re: 65 Status Report. Defendants' Request for an additional thirty days to submit what the Court hopes is a JOINT proposal for proceeding in this case is GRANTED. The proposal is due ON OR BEFORE September 22, 2014. It is FURTHER ORDERED that Defendants shall provide this court with a copy of any proposal/status report it files in the Hobby Lobby case in accordance with the Tenth Circuit's September 5, 2014 deadline, by Judge John L. Kane on 8/27/14. Text Only Entry (jlksec) (Entered: 08/27/2014)

Aug. 27, 2014 PACER
68

NOTICE re 67 Minute Order,, by Defendants Timothy Geithner, Kathleen Sebelius, Hilda Solis, United States Department of Health and Human Services, United States Department of Labor, United States Department of the Treasury (Attachments: # 1 Attachment)(Bennett, Michelle) (Entered: 09/03/2014)

1 Attachment

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Sept. 3, 2014 PACER
69

Joint STATUS REPORT by Defendants Timothy Geithner, Kathleen Sebelius, Hilda Solis, United States Department of Health and Human Services, United States Department of Labor, United States Department of the Treasury. (Bennett, Michelle) (Entered: 09/22/2014)

Sept. 22, 2014 PACER
70

PERMANENT INJUNCTION by Judge John L. Kane on 3/16/2015. (Attachments: # 1 Memorandum, # 2 Order) (babia) (Entered: 03/16/2015)

1 Memorandum

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2 Order

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March 16, 2015 RECAP
71

FINAL JUDGMENT by Clerk by Judge John L. Kane on 3/17/2015. (babia) (Entered: 03/17/2015)

March 17, 2015 RECAP
72

Unopposed MOTION for Release of Funds, $100 security bond from preliminary injunction, by Plaintiffs Hercules Industries, Inc., Christine Ketterhagen, Andrew Newland, James Newland, Paul Newland, William Newland. (Attachments: # 1 Proposed Order (PDF Only))(Bowman, Matthew) (Entered: 04/24/2015)

1 Proposed Order (PDF Only)

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April 24, 2015 PACER
73

ORDER GRANTING Plaintiffs' Unopposed Motion to Release Security Bond from Preliminary Injunction (Doc. 72). The Clerk is directed to release Plaintiffs' $100 security bond to Plaintiffs or their counsel. Entered by Judge John L. Kane on 02/24/15. Text Only Entry(jhawk, ) (Entered: 04/24/2015)

April 24, 2015 PACER
74

NOTICE of Settlement of Attorneys' Fees and Costs by Plaintiffs Hercules Industries, Inc., Christine Ketterhagen, Andrew Newland, James Newland, Paul Newland, William Newland (Bowman, Matthew) (Entered: 04/29/2015)

April 29, 2015 PACER

State / Territory: Colorado

Case Type(s):

Speech and Religious Freedom

Special Collection(s):

Contraception Insurance Mandate

Key Dates

Filing Date: April 30, 2012

Closing Date: 2015

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Plaintiffs are Catholic 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

Jurisdiction-wide

Case Details

Causes of Action:

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

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

Constitutional Clause(s):

Free Exercise Clause

Freedom of speech/association

Availably Documents:

Trial Court Docket

Complaint (any)

Monetary Relief

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Attorneys fees

Preliminary injunction / Temp. restraining order

Source of Relief:

Litigation

Content of Injunction:

Preliminary relief granted

Issues

General:

Abortion

Contraception

Religious programs / policies

Discrimination-basis:

Religion discrimination

Type of Facility:

Non-government for profit