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Case: Gilardi v. Dep't of Health and Human Services [Gilardi v. Sebelius]

1:13-cv-00104 | U.S. District Court for the District of Columbia

Filed Date: Jan. 24, 2013

Clearinghouse coding complete

Case Summary

On January 24, 2013, Freshway Logistics and Fresh Unlimited (d/b/a Freshway Foods) and their owners filed a lawsuit in the United States District Court for the District of Columbia against the Federal Government under the Religious Freedom Restoration Act (42 U.S.C. § 2000bb) and the Administrative Procedure Act (5 U.S.C. § 706(2)). The plaintiffs, represented by public interest attorneys from the American Center for Law and Justice, sought to enjoin enforcement of provisions of the Affordable …

On January 24, 2013, Freshway Logistics and Fresh Unlimited (d/b/a Freshway Foods) and their owners filed a lawsuit in the United States District Court for the District of Columbia against the Federal Government under the Religious Freedom Restoration Act (42 U.S.C. § 2000bb) and the Administrative Procedure Act (5 U.S.C. § 706(2)). The plaintiffs, represented by public interest attorneys from the American Center for Law and Justice, sought to enjoin enforcement of provisions of the Affordable Care Act (ACA) extending universal contraception coverage in employer-sponsored private health insurance coverage. The plaintiffs contended that this mandatory contraception coverage violated their sincerely held religious beliefs and First Amendment rights.

On March 3, 2013, the District Court (Judge Emmet Sullivan) denied the plaintiff's motion for preliminary injunction. 926 F.Supp.2d 273. On March 5, 2013, the plaintiffs filed an interlocutory appeal of the denial of preliminary injunction. On March 29, 2013, the D.C. Circuit Court granted an injunction pending appeal.

On November 1, 2013, the D.C. Court of Appeals held that the District Court erred in denying the plaintiffs a preliminary injunction with the respect to the individual owners and remanded for consideration of other preliminary-injunction factors. The Court held the company owners' religious freedom was burdened when they chose between violating their beliefs and paying a penalty. The Court affirmed, however, the denial of a preliminary injunction with respect to the Freshway companies, holding that corporations could not exercise religious beliefs. 733 F.3d 1208. This case was remanded to the D.C. District Court.

Both the government and the plaintiffs sought review in the Supreme Court. The two petitions were held at the Supreme Court while the Court decided Burwell v. Hobby Lobby (also known as Hobby Lobby v. Sebelius). 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 violated 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 vacated the D.C. Circuit's opinion and remanded for further consideration. (Technically, the Court denied the government's petition, but granted the plaintiffs' petition, vacated the judgment, and remanded.)

On August 18, 2014, the District Court granted a preliminary injunction to allow the plaintiffs to decide how they would like to proceed following the Burwell v. Hobby Lobby decision. On October 20, 2014, the District Court granted a permanent injunction for the plaintiffs against enforcement of the contraceptive services mandate and associated sanctions, with the agreement of the plaintiffs and the government.

On March 27, 2015 the parties jointly filed a status report stating the parties had reached an agreement on attorneys' fees and costs and they were paid, and the case was awaiting an entry of final judgment. The case is presumed closed.

Summary Authors

Wyatt Fore (4/12/2013)

Richard Jolly (3/16/2014)

Kate Craddock (2/5/2016)

Taylor Brook (2/15/2018)

Related Cases

Johnson Welded Products, Inc. v. Sebelius, District of Columbia (2013)

Willis & Willis PLC v. Sebelius, District of Columbia (2013)

Bindon v. Sebelius, District of Columbia (2013)

Barron Industries, Inc. v. Sebelius, District of Columbia (2013)

Midwest Fastener Corp. v. Sebelius, District of Columbia (2013)

C.W. Zumbeil v. Sebelius, District of Columbia (2013)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/5024806/parties/gilardi-v-us-department-of-health-and-human-services/


Judge(s)

Brown, Janice Rogers (District of Columbia)

Edwards, Harry Thomas (District of Columbia)

Garland, Merrick B. (District of Columbia)

Griffith, Thomas Beall (District of Columbia)

Henderson, Karen LeCraft (District of Columbia)

Kavanaugh, Brett M. (District of Columbia)

Randolph, Arthur Raymond (District of Columbia)

Rogers, Judith Ann Wilson (District of Columbia)

Sullivan, Emmet G. (District of Columbia)

Tatel, David S. (District of Columbia)

Judge(s)

Brown, Janice Rogers (District of Columbia)

Edwards, Harry Thomas (District of Columbia)

Garland, Merrick B. (District of Columbia)

Griffith, Thomas Beall (District of Columbia)

Henderson, Karen LeCraft (District of Columbia)

Kavanaugh, Brett M. (District of Columbia)

Randolph, Arthur Raymond (District of Columbia)

Rogers, Judith Ann Wilson (District of Columbia)

Sullivan, Emmet G. (District of Columbia)

Tatel, David S. (District of Columbia)

Attorneys(s) for Plaintiff

Gammill, Carly F. (Tennessee)

Manion, Francis J (Kentucky)

May, Colby M. (District of Columbia)

Surtees, Geoffrey R. (Kentucky)

White, Edward L. III (Michigan)

Zimmerman, Erik M. (Kentucky)

Attorneys(s) for Defendant

Berwick, Benjamin Leon (District of Columbia)

Brinkmann, Beth S (District of Columbia)

Delery, Stuart F. (District of Columbia)

Klein, Alisa B. (District of Columbia)

Machen, Ronald C (District of Columbia)

Stern, Marc (District of Columbia)

Other Attorney(s)

Blatt, Lisa Schiavo (District of Columbia)

Bordlee, Dorinda (Kentucky)

Colby, Kimberlee Wood (Virginia)

Davidow, Charles E. (District of Columbia)

Dewart, Deborah Jane (North Carolina)

Francisco, Noel (District of Columbia)

Gonen, Julianna Susan (District of Columbia)

Greenberger, Marcia D. (District of Columbia)

Joseph, Lawrence J (District of Columbia)

Katerberg, Robert J (District of Columbia)

Khan, Ayesha N. (District of Columbia)

Kisloff, Michelle A. (District of Columbia)

Lipper, Gregory M. (District of Columbia)

Mach, Daniel (District of Columbia)

Macurdy, Andrew Scot (District of Columbia)

Nelson, Frederick Dickson (Ohio)

Perkins, Martha Jane (North Carolina)

Pizer, Jennifer Carol (California)

Pratt, Jennifer L. (Ohio)

Saunders, William Lee Jr. (District of Columbia)

Schneider, Bruce Harvey (New York)

Taylor, Camilla B. (Illinois)

Ude, Thomas W. Jr. (New York)

Documents in the Clearinghouse

Document

0:13-05069

Appellate Docket [PACER]

Gilardi v. Dep't of Health and Human Services

U. S. Court of Appeals for the District of Columbia Circuit

Aug. 8, 2014

Aug. 8, 2014

Docket

1:13-cv-00104

Docket [PACER]

Gilardi v. U.S. Department of Health and Human Services

March 27, 2015

March 27, 2015

Docket
1

1:13-cv-00104

Complaint for Declaratory and Injunctive Relief

Gilardi v. United States Department of Health and Human Services

Jan. 24, 2013

Jan. 24, 2013

Complaint
18

1:13-cv-00104

Plaintiffs' Response to Court Order at Docket Entry 11

Gilardi v. United States Department of Health and Human Services

Feb. 6, 2013

Feb. 6, 2013

Pleading / Motion / Brief
21

1:13-cv-00104

Plaintiffs' Motion for a Preliminary Injunction

Gilardi v. United States Department of Health and Human Services

Feb. 8, 2013

Feb. 8, 2013

Pleading / Motion / Brief
27

1:13-cv-00104

Amicus Brief of the State of Ohio in Support of Plaintiffs' Motion for Preliminary Injunction

Gilardi v. Sebelius

Feb. 22, 2013

Feb. 22, 2013

Pleading / Motion / Brief
33

1:13-cv-00104

Order [from trial court denying preliminary injunction for plaintiffs]

March 3, 2013

March 3, 2013

Order/Opinion
41

0:13-05069

Circuit Court Opinion [granting injunction pending appeal]

U. S. Court of Appeals for the District of Columbia Circuit

March 29, 2013

March 29, 2013

Order/Opinion

0:13-05069

[D.C. Circuit Opinion]

Gilardi v. HHS

U. S. Court of Appeals for the District of Columbia Circuit

Nov. 1, 2013

Nov. 1, 2013

Order/Opinion

13-00567

13-00915

Certiorari -- Summary Disposition

Gilardi v. Department of Health and Human Services

Supreme Court of the United States

July 1, 2014

July 1, 2014

Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/5024806/gilardi-v-us-department-of-health-and-human-services/

Last updated Sept. 6, 2022, 3:18 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES, KATHLEEN G. SEBELIUS, U.S. DEPARTMENT OF TREASURY, TIMOTHY F. GEITHNER, U.S. DEPARTMENT OF LABOR, HILDA L. SOLIS ( Filing fee $ 350 receipt number 0090-3197361) filed by Francis A Gilardi, Freshway Logistics, Inc., Fresh Unlimited, Inc., d/b/a Freshway Foods, Philip M Gilardi. (Attachments: # 1 Civil Cover Sheet Civil Cover Sheet & Related Cases, # 2 Summons Geithner Summons, # 3 Summons Sebelius Summons, # 4 Summons Solis Summons, # 5 Summons Attorney General Summons, # 6 Summons U.S. Attorney Summons, # 7 Summons HHS Summons, # 8 Summons Labor Dept. Summons, # 9 Summons Treasury Dept. Summons)(May, Colby) (Entered: 01/24/2013)

1 Civil Cover Sheet Civil Cover Sheet & Related Cases

View on PACER

2 Summons Geithner Summons

View on PACER

3 Summons Sebelius Summons

View on PACER

4 Summons Solis Summons

View on PACER

5 Summons Attorney General Summons

View on PACER

6 Summons U.S. Attorney Summons

View on PACER

7 Summons HHS Summons

View on PACER

8 Summons Labor Dept. Summons

View on PACER

9 Summons Treasury Dept. Summons

View on PACER

Jan. 24, 2013

Jan. 24, 2013

RECAP
2

Proposed MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Edward L. White III, :Firm- American Center for Law & Justice, :Address- 5068 Plymouth Road, Ann Arbor, MI 48105. Phone No. - 734-662-2984. Fax No. - 734-302-1758 by Fresh Unlimited, Inc., d/b/a Freshway Foods, Freshway Logistics, Inc., Francis A Gilardi, Philip M Gilardi (Attachments: # 1 Text of Proposed Order PHV Proposed Order)(May, Colby) (Entered: 01/24/2013)

Jan. 24, 2013

Jan. 24, 2013

PACER

Case Assigned to Judge Reggie B. Walton. (ls, )

Jan. 24, 2013

Jan. 24, 2013

PACER
3

Corporate Disclosure Statement by FRESH UNLIMITED INCORPORATED, FRESHWAY LOGISTICS INCORPORATED, FRANCIS A. GILARDI, PHILIP M. GILARDI. (May, Colby) (Entered: 01/25/2013)

Jan. 25, 2013

Jan. 25, 2013

PACER
4

NOTICE OF RELATED CASE by All Plaintiffs. Case related to Case No. 12-cv-1635. (May, Colby) (Entered: 01/25/2013)

Jan. 25, 2013

Jan. 25, 2013

PACER
5

ELECTRONIC SUMMONS (8) Issued as to TIMOTHY F. GEITHNER, KATHLEEN G. SEBELIUS, HILDA L. SOLIS, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES, U.S. DEPARTMENT OF LABOR, U.S. DEPARTMENT OF TREASURY, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Summons, # 2 Summons, # 3 Summons, # 4 Summons, # 5 Summons, # 6 Summons, # 7 Summons, # 8 Consent Notice)(ls, ) (Entered: 01/25/2013)

Jan. 25, 2013

Jan. 25, 2013

PACER

MINUTE ORDER granting 2 Motion for Leave to Appear Pro Hac Vice. Upon consideration of the motion for leave to appear pro hac vice by Edward L. White III, and finding good cause to grant the motion, the motion is hereby GRANTED. Edward L. White III may appear and be heard in the above-captioned matter. Signed by Judge Reggie B. Walton on 1/25/2013. (lcrbw2)

Jan. 25, 2013

Jan. 25, 2013

PACER
6

MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Erik M. Zimmerman, :Firm- American Center for Law & Justice, :Address- 1000 Regent University Drive, Virginia Beach, VA 23464. Phone No. - 757-226-2489. Fax No. - 757-226-2836 by FRESH UNLIMITED INCORPORATED, FRESHWAY LOGISTICS INCORPORATED, FRANCIS A. GILARDI, PHILIP M. GILARDI (Attachments: # 1 Text of Proposed Order Zimmerman PHV Proposed Order)(May, Colby) (Entered: 01/29/2013)

Jan. 29, 2013

Jan. 29, 2013

PACER
7

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 1/29/2013. Answer due for ALL FEDERAL DEFENDANTS by 3/30/2013. (White, Edward) (Entered: 01/29/2013)

Jan. 29, 2013

Jan. 29, 2013

PACER
8

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 1/29/2013. (White, Edward) (Entered: 01/29/2013)

Jan. 29, 2013

Jan. 29, 2013

PACER
9

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. DEPARTMENT OF LABOR served on 1/29/2013 (White, Edward) (Entered: 01/29/2013)

Jan. 29, 2013

Jan. 29, 2013

PACER
10

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. HILDA L. SOLIS served on 1/29/2013 (White, Edward) (Entered: 01/29/2013)

Jan. 29, 2013

Jan. 29, 2013

PACER
11

ORDER. Per the attached Order, it is hereby ORDERED that the plaintiffs shall show cause in writing on or before February 8, 2013 why this case is related to Tyndale House Publishers, Inc. v. Sebelius, Civ. No. 12-1635 (RBW). It is further ORDERED that the defendants shall respond in writing on or before February 18, 2013. Signed by Judge Reggie B. Walton on 1/29/2013. (lcrbw2) (Entered: 01/29/2013)

Jan. 29, 2013

Jan. 29, 2013

PACER
12

CERTIFICATE OF SERVICE by FRESH UNLIMITED INCORPORATED, FRESHWAY LOGISTICS INCORPORATED, FRANCIS A. GILARDI, PHILIP M. GILARDI re 11 Order, Service of Order (Doc. 11) on Defendants, Attorney General, and U.S. Attorney. (May, Colby) (Entered: 01/30/2013)

Jan. 30, 2013

Jan. 30, 2013

PACER
13

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. TIMOTHY F. GEITHNER served on 1/30/2013 (May, Colby) (Entered: 01/30/2013)

Jan. 30, 2013

Jan. 30, 2013

PACER
14

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. KATHLEEN G. SEBELIUS served on 1/29/2013 (May, Colby) (Entered: 01/30/2013)

Jan. 30, 2013

Jan. 30, 2013

PACER
15

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES served on 1/29/2013 (May, Colby) (Entered: 01/30/2013)

Jan. 30, 2013

Jan. 30, 2013

PACER

MINUTE ORDER granting 6 Motion for Leave to Appear Pro Hac Vice. Upon consideration of the motion for leave to appear pro hac vice by Erik M. Zimmerman, and finding good cause to grant the motion, the motion is hereby GRANTED. Erik M. Zimmerman may appear and be heard in the above-captioned matter. Signed by Judge Reggie B. Walton on 1/30/2013. (lcrbw2)

Jan. 30, 2013

Jan. 30, 2013

PACER
16

MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Francis J. Manion, :Firm- American Center for Law & Justice, :Address- P. O. Box 60, New Hope, KY 40052. Phone No. - 502-549-7020. Fax No. - 502-549-5252 by FRESH UNLIMITED INCORPORATED, FRESHWAY LOGISTICS INCORPORATED, FRANCIS A. GILARDI, PHILIP M. GILARDI (Attachments: # 1 Text of Proposed Order Manion PHV Proposed Order)(May, Colby) (Entered: 01/31/2013)

Jan. 31, 2013

Jan. 31, 2013

PACER
17

MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Geoffrey R. Surtees, :Firm- American Center for Law & Justice, :Address- P. O. Box 60, New Hope, KY 40052. Phone No. - 502-549-7020. Fax No. - 502-549-5252 by FRESH UNLIMITED INCORPORATED, FRESHWAY LOGISTICS INCORPORATED, FRANCIS A. GILARDI, PHILIP M. GILARDI (Attachments: # 1 Text of Proposed Order Surtees PHV Proposed Order)(May, Colby) (Entered: 01/31/2013)

Jan. 31, 2013

Jan. 31, 2013

PACER

MINUTE ORDER granting 17 Motion for Leave to Appear Pro Hac Vice. Upon consideration of the motion for leave to appear pro hac vice by Geoffrey R. Surtees, and finding good cause to grant the motion, the motion is hereby GRANTED. Geoffrey R. Surtees may appear and be heard in the above-captioned matter. Signed by Judge Reggie B. Walton on 1/31/2013. (lcrbw2)

Jan. 31, 2013

Jan. 31, 2013

PACER

MINUTE ORDER granting 16 Motion for Leave to Appear Pro Hac Vice. Upon consideration of the motion for leave to appear pro hac vice by Francis J. Manion, and finding good cause to grant the motion, the motion is hereby GRANTED. Francis J. Manion may appear and be heard in the above-captioned matter. Signed by Judge Reggie B. Walton on 1/31/2013. (lcrbw2)

Jan. 31, 2013

Jan. 31, 2013

PACER

NOTICE OF ERROR re 12 Certificate of Service; emailed to cmmay@aclj-dc.org, cc'd 3 associated attorneys -- The PDF file you docketed contained errors: 1. Do not file Discovery (LcvR 5.2) (jf, )

Jan. 31, 2013

Jan. 31, 2013

PACER

Set/Reset Deadlines: Show Cause in Writing by 2/8/2013; Respond to Show Cause by 2/18/2013. (mpt)

Feb. 4, 2013

Feb. 4, 2013

PACER
18

RESPONSE TO ORDER OF THE COURT re 11 Order, filed by FRESH UNLIMITED INCORPORATED, FRESHWAY LOGISTICS INCORPORATED, FRANCIS A. GILARDI, PHILIP M. GILARDI. (Attachments: # 1 Exhibit A--Gov't Motion to Assign Related Appeals in Newland v. Sebelius and Hobby Lobby Stores v. Sebelius)(White, Edward) (Entered: 02/06/2013)

Feb. 6, 2013

Feb. 6, 2013

PACER
19

NOTICE of Appearance by Erik M. Zimmerman on behalf of All Plaintiffs (Zimmerman, Erik) (Main Document 19 replaced on 2/7/2013) (td, ). (Entered: 02/06/2013)

Feb. 6, 2013

Feb. 6, 2013

PACER

NOTICE OF ERROR re 19 Notice of Appearance; emailed to ezimmerman@aclj.org, cc'd 7 associated attorneys -- The PDF file you docketed contained errors: 1. When doing fillable documents, please save as a pdf first and then file. (td, )

Feb. 7, 2013

Feb. 7, 2013

PACER
20

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. DEPARTMENT OF TREASURY served on 2/6/2013 (May, Colby) (Entered: 02/08/2013)

Feb. 8, 2013

Feb. 8, 2013

PACER
21

MOTION for Preliminary Injunction and request for oral argument and hearing within 21 days pursuant to LCvR 65.1(d) by FRESH UNLIMITED INCORPORATED, FRESHWAY LOGISTICS INCORPORATED, FRANCIS A. GILARDI, PHILIP M. GILARDI (Attachments: # 1 Index of Exhibits, # 2 Exhibit A--Declaration of Francis Gilardi, # 3 Exhibit B--Declaration of Philip Gilardi, # 4 Exhibit C--Triune Health Grp v. HHS, No. 1:12-cv-6756, slip op, (N.D. IL 1/3/13), # 5 Text of Proposed Order)(White, Edward). Added MOTION for Order on 2/11/2013 (td, ). (Entered: 02/08/2013)

Feb. 8, 2013

Feb. 8, 2013

PACER
22

ORDER. Per the attached Order, it is hereby ORDERED that this case is TRANSFERRED to the Calendar and Case Management Committee for reassignment. It is further ORDERED that the portion of this Court's January 29, 2013 Order requiring the defendants to respond to that Order in writing on or before February 18, 2013 is VACATED. Signed by Judge Reggie B. Walton on 2/11/2013. (lcrbw2) (Entered: 02/11/2013)

Feb. 11, 2013

Feb. 11, 2013

PACER
23

Case randomly reassigned to Judge Ellen S. Huvelle. Judge Reggie B. Walton has determined that this case is not related to 12cv1635 and is no longer assigned to the case. (gt, ) (Entered: 02/12/2013)

Feb. 12, 2013

Feb. 12, 2013

PACER
24

Case randomly reassigned to Judge Emmet G. Sullivan. Judge Ellen S. Huvelle is in a protracted criminal trial and is no longer assigned to the case. (gt, ) (Entered: 02/12/2013)

Feb. 12, 2013

Feb. 12, 2013

PACER
25

NOTICE of Appearance by Benjamin Leon Berwick on behalf of All Defendants (Berwick, Benjamin) (Entered: 02/12/2013)

Feb. 12, 2013

Feb. 12, 2013

PACER

MINUTE ORDER. The parties are hereby directed to comply with the following briefing schedule. Plaintiffs are directed to deliver to the chambers of the Honorable Emmet G. Sullivan by no later than February 19, 2013 at 3:00 p.m. two copies of their pleadings and exhibits as well as binders containing one copy of the principal points and authorities relied upon (i.e., counsel should provide copies of principal cases, statutes, regulations, etc. but need not provide copies of cases relied upon merely for the standard of review or other well-established principles). Defendants' opposition to the motion for a preliminary injunction shall be filed by no later than February 25, 2013 at 12:00 p.m. Defendants are directed to deliver to chambers two copies of their pleadings and exhibits and one copy of the principal points and authorities relied upon as described above by no later than February 25, 2013 at 3:00 p.m. Plaintiffs' reply in further support of their motion shall be filed by no later than February 28, 2013 at 12:00 p.m. Plaintiffs shall deliver to chambers two copies of their pleadings and exhibits and one copy of the principal points and authorities relied upon, to the extent not previously provided to the Court, by no later than February 28, 2013 at 3:00 p.m. In view of the Court's finding that a hearing date later than 21 days from the filing of the motion for a preliminary injunction would not prejudice the parties under Local Civil Rule 65.1(d), the Court will hold a hearing on the motion for a preliminary injunction on March 6, 2013 at 10:30 a.m. in Courtroom 24A. Signed by Judge Emmet G. Sullivan on February 12, 2013. (lcegs2)

Feb. 12, 2013

Feb. 12, 2013

PACER

Minute Entry for proceedings held before Judge Emmet G. Sullivan: Status Conference held on 2/12/2013. Defendant's Response to Preliminary Injunction due by 2/25/2013 at 12:00 PM. Plaintiff's Reply due by 2/28/2013 at 12:00 PM. Motion Hearing set for 3/6/2013 at 10:30 AM in Courtroom 24A before Judge Emmet G. Sullivan. Order To Be Presented. (Court Reporter SUSAN TYNER) (mac)

Feb. 12, 2013

Feb. 12, 2013

PACER
26

MOTION for Leave to File AMICUS CURIAE BRIEF by STATE OF OHIO (rdj) (Entered: 02/21/2013)

Feb. 21, 2013

Feb. 21, 2013

PACER
27

AMICUS BRIEF by STATE OF OHIO. (jf, ) (Entered: 02/25/2013)

Feb. 22, 2013

Feb. 22, 2013

PACER

MINUTE ORDER granting 26 Motion for Leave to File. The amicus curiae brief attached to the motion is hereby deemed filed. It is FURTHER ORDERED that by no later than 3:00 p.m. on February 26, 2013, the State of Ohio shall cause to be delivered to chambers two copies of its pleadings and exhibits as well as binders containing one copy of the principal points and authorities relied upon (i.e., counsel should provide copies of principal cases, statutes, regulations, etc. but need not provide copies of cases relied upon merely for the standard of review or other well-established principles). Signed by Judge Emmet G. Sullivan on February 22, 2013. (lcegs2)

Feb. 22, 2013

Feb. 22, 2013

PACER
28

Memorandum in opposition to re 21 MOTION for Preliminary Injunction and request for oral argument and hearing within 21 days pursuant to LCvR 65.1(d) MOTION for Order filed by TIMOTHY F. GEITHNER, KATHLEEN G. SEBELIUS, HILDA L. SOLIS, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES, U.S. DEPARTMENT OF LABOR, U.S. DEPARTMENT OF TREASURY. (Berwick, Benjamin) (Entered: 02/25/2013)

Feb. 25, 2013

Feb. 25, 2013

PACER
29

NOTICE of Submission by STATE OF OHIO re Order on Motion for Leave to File,, (Nelson, Frederick) (Entered: 02/25/2013)

Feb. 25, 2013

Feb. 25, 2013

PACER

Set/Reset Deadlines: Movant (State Of Ohio) to provide Judge's chambers two copies of its pleadings and exhibits as well as binders containing one copy of the principal points and authorities relied upon due by 2/26/2013 at 3:00pm. (mac)

Feb. 25, 2013

Feb. 25, 2013

PACER
30

REPLY to opposition to motion re 21 MOTION for Preliminary Injunction and request for oral argument and hearing within 21 days pursuant to LCvR 65.1(d) MOTION for Order filed by FRESH UNLIMITED INCORPORATED, FRESHWAY LOGISTICS INCORPORATED, FRANCIS A. GILARDI, PHILIP M. GILARDI. (White, Edward) (Entered: 02/28/2013)

Feb. 28, 2013

Feb. 28, 2013

PACER
31

NOTICE OF SUPPLEMENTAL AUTHORITY by TIMOTHY F. GEITHNER, KATHLEEN G. SEBELIUS, HILDA L. SOLIS, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES, U.S. DEPARTMENT OF LABOR, U.S. DEPARTMENT OF TREASURY (Attachments: # 1 Exhibit Briscoe v. Sebelius)(Berwick, Benjamin) (Entered: 02/28/2013)

Feb. 28, 2013

Feb. 28, 2013

PACER
32

REPLY re 31 NOTICE OF SUPPLEMENTAL AUTHORITY, filed by FRESH UNLIMITED INCORPORATED, FRESHWAY LOGISTICS INCORPORATED, FRANCIS A. GILARDI, PHILIP M. GILARDI. (Zimmerman, Erik) (Entered: 03/01/2013)

March 1, 2013

March 1, 2013

PACER
33

ORDER denying 21 Motion for Preliminary Injunction and canceling March 6, 2013 hearing. Signed by Judge Emmet G. Sullivan on March 3, 2013. (lcegs2) (Entered: 03/03/2013)

March 3, 2013

March 3, 2013

PACER
34

MEMORANDUM OPINION. Signed by Judge Emmet G. Sullivan on March 3, 2013. (lcegs2) (Entered: 03/03/2013)

March 3, 2013

March 3, 2013

RECAP
35

NOTICE OF INTERLOCUTORY APPEAL as to 34 Memorandum & Opinion, 33 Order on Motion for Preliminary Injunction, Order on Motion for Order by FRESH UNLIMITED INCORPORATED, FRESHWAY LOGISTICS INCORPORATED, FRANCIS A. GILARDI, PHILIP M. GILARDI. Filing fee $ 455, receipt number 0090-3238619. Fee Status: Fee Paid. Parties have been notified. (White, Edward) (Entered: 03/04/2013)

March 4, 2013

March 4, 2013

PACER
36

Transmission of the Notice of Appeal, Order Appealed, and Docket Sheet to US Court of Appeals. The Court of Appeals fee was paid this date re 35 Notice of Interlocutory Appeal,. (jf, ) (Entered: 03/05/2013)

March 5, 2013

March 5, 2013

PACER
37

Joint MOTION to Stay district court proceedings pending resolution of Plaintiffs' interlocutory appeal from denial of their motion for a preliminary injunction and issuance of appellate court mandate or until further order of this court by FRESH UNLIMITED INCORPORATED, FRESHWAY LOGISTICS INCORPORATED, FRANCIS A. GILARDI, PHILIP M. GILARDI (Attachments: # 1 Text of Proposed Order)(White, Edward) (Entered: 03/07/2013)

March 7, 2013

March 7, 2013

PACER

USCA Case Number 13-5069 for 35 Notice of Interlocutory Appeal, filed by PHILIP M. GILARDI, FRESHWAY LOGISTICS INCORPORATED, FRESH UNLIMITED INCORPORATED, FRANCIS A. GILARDI. (jf, )

March 7, 2013

March 7, 2013

PACER

MINUTE ORDER granting 37 consent motion to stay pending appeal. It is hereby ORDERED that this case is STAYED and ADMINISTRATIVELY CLOSED pending the Circuit Court's resolution of plaintiffs' appeal of this Court's March 3, 2013 Order. Signed by Judge Emmet G. Sullivan on March 11, 2013. (lcegs2)

March 11, 2013

March 11, 2013

PACER
38

Supplemental Record on Appeal transmitted to US Court of Appeals re Order on Motion to Stay, ;USCA Case Number 13-5069. (jf, ) (Entered: 03/12/2013)

March 12, 2013

March 12, 2013

PACER

Case Stayed (mac)

March 12, 2013

March 12, 2013

PACER
39

DESIGNATION of Record on Appeal by FRESH UNLIMITED INCORPORATED, FRESHWAY LOGISTICS INCORPORATED, FRANCIS A. GILARDI, PHILIP M. GILARDI re 35 Notice of Interlocutory Appeal, (jf, ) (Entered: 03/15/2013)

March 14, 2013

March 14, 2013

PACER
40

Supplemental Record on Appeal transmitted to US Court of Appeals re 39 Designation of Record on Appeal ;USCA Case Number 13-5069. (jf, ) (Entered: 03/15/2013)

March 15, 2013

March 15, 2013

PACER
41

ORDER of USCA as to 35 Notice of Interlocutory Appeal, filed by PHILIP M. GILARDI, FRESHWAY LOGISTICS INCORPORATED, FRESH UNLIMITED INCORPORATED, FRANCIS A. GILARDI ; USCA Case Number 13-5069. ORDERED, on the court's own motion, that the motion for an injunction pending appeal be granted. (kb, ) (Entered: 04/03/2013)

March 29, 2013

March 29, 2013

RECAP
42

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

July 5, 2013

July 5, 2013

PACER

MINUTE ORDER. In light of the United States Court of Appeals for the District of Columbia Circuit's mandate, see Case No. 13-5069, Doc. No. 1506830, the parties are directed to file a joint status report. The joint status report shall include the proposed language of the preliminary injunction to be entered by this Court and a recommendation for further proceedings as to the United States Court of Appeals for the District of Columbia Circuit's order that this Court "reconsider the denial of the preliminary injunction as to the individual owners in light of Burwell v. Hobby Lobby Stores, Inc., 134 S. Ct. 2751 (2014)." The parties shall file their joint status report by no later than August 18, 2014. In the event that counsel are unable to agree on a joint recommendation, each party shall file an individual recommendation by that time. Signed by Judge Emmet G. Sullivan on August 11, 2014. (lcegs4)

Aug. 11, 2014

Aug. 11, 2014

PACER

Set/Reset Deadlines: Individual Recommendation or Joint Status Report due by 8/18/2014. (mac)

Aug. 12, 2014

Aug. 12, 2014

PACER
43

STATUS REPORT JOINTLY FILED by FRESH UNLIMITED INCORPORATED, FRESHWAY LOGISTICS INCORPORATED, FRANCIS A. GILARDI, PHILIP M. GILARDI. (White, Edward) (Entered: 08/18/2014)

Aug. 18, 2014

Aug. 18, 2014

PACER
44

ORDER. Signed by Judge Emmet G. Sullivan on August 18, 2014. (lcegs4) (Entered: 08/18/2014)

Aug. 18, 2014

Aug. 18, 2014

PACER

Set/Reset Deadlines: Joint Status Report due by 9/17/2014. (mac)

Aug. 25, 2014

Aug. 25, 2014

PACER
45

STATUS REPORT on behalf of all parties regarding Court Order at Docket Entry 44 by FRESH UNLIMITED INCORPORATED, FRESHWAY LOGISTICS INCORPORATED, FRANCIS A. GILARDI, PHILIP M. GILARDI. (White, Edward) (Entered: 09/15/2014)

Sept. 15, 2014

Sept. 15, 2014

PACER

MINUTE ORDER. The Court has reviewed 45 the parties' joint status report, in which the parties represented that this case should continue to be stayed through September 26, 2014, so that the Plaintiffs have sufficient time to consider Defendants' recent proposal "on how this case should be resolved." In light of this representation, it is hereby ORDERED that all proceedings are STAYED until September 26, 2014. The parties shall submit a joint status report, including a recommendation for further proceedings, by no later than that same date. In the event that counsel are unable to agree on a joint recommendation, each party shall file an individual recommendation by that time. Signed by Judge Emmet G. Sullivan on September 16, 2014. (lcegs4)

Sept. 16, 2014

Sept. 16, 2014

PACER

Set/Reset Deadlines: Joint Status Report or Individual Recommendation due by 9/26/2014. (mac)

Sept. 16, 2014

Sept. 16, 2014

PACER
46

STATUS REPORT filed jointly by the parties in response to Court Minute Order of 9/16/14 by FRESH UNLIMITED INCORPORATED, FRESHWAY LOGISTICS INCORPORATED, FRANCIS A. GILARDI, PHILIP M. GILARDI. (White, Edward) (Entered: 09/26/2014)

Sept. 26, 2014

Sept. 26, 2014

PACER

Set/Reset Deadlines: Parties Supplemental Memorandums due by 10/24/2014. (mac)

Oct. 3, 2014

Oct. 3, 2014

PACER

MINUTE ORDER. The Court has reviewed 46 the joint response filed by the parties. The parties agree that plaintiffs are entitled to judgment in their favor on their RFRA claim, that a permanent injunction of some kind should be entered, and that attorneys' fees and costs should be resolved pursuant to Local Rules 54.1, 54.2. There is a "significant" dispute, however, concerning the nature and scope of the permanent injunction that this Court should enter. The parties both provided their respective positions and proposed orders concerning this dispute. In light of this, the parties are directed to file supplemental memorandum in support of their position. The parties should, among other things, identify the specific language in each proposed permanent injunction that they object to, and provide all relevant authority in support of their position. The parties' supplemental memorandums are due by no later than October 24, 2014. Signed by Judge Emmet G. Sullivan on October 3, 2014. (lcegs4)

Oct. 3, 2014

Oct. 3, 2014

PACER
47

Joint MOTION for Permanent Injunction and Judgment and Joint Response to Court Order of October 3, 2014, by FRESH UNLIMITED INCORPORATED, FRESHWAY LOGISTICS INCORPORATED, FRANCIS A. GILARDI, PHILIP M. GILARDI (Attachments: # 1 Text of Proposed Order)(White, Edward) (Entered: 10/17/2014)

1 Text of Proposed Order

View on PACER

Oct. 17, 2014

Oct. 17, 2014

RECAP
48

RESPONSE re Order,,,, filed by FRESH UNLIMITED INCORPORATED, FRESHWAY LOGISTICS INCORPORATED, FRANCIS A. GILARDI, PHILIP M. GILARDI. (Attachments: # 1 Text of Proposed Order)(White, Edward) (Entered: 10/20/2014)

Oct. 20, 2014

Oct. 20, 2014

PACER
49

ORDER granting 47 joint motion for permanent injunction and judgment. Signed by Judge Emmet G. Sullivan on October 20, 2014. (lcegs4) (Entered: 10/20/2014)

Oct. 20, 2014

Oct. 20, 2014

PACER
50

STATUS REPORT Filed Jointly By Plaintiffs and Defendants by FRESH UNLIMITED INCORPORATED, FRESHWAY LOGISTICS INCORPORATED, FRANCIS A. GILARDI, PHILIP M. GILARDI. (White, Edward) (Entered: 12/11/2014)

Dec. 11, 2014

Dec. 11, 2014

PACER

MINUTE ORDER. The Court has reviewed the 50 joint status report filed by the parties, in which the parties recommended that the Court cancel the status hearing scheduled for December 17, 2014. In light of this recommendation, the status hearing scheduled for December 17, 2014 is hereby VACATED. It is FURTHER ORDERED that the parties file a joint status report, including a recommendation for further proceedings, by no later than January 16, 2015. In the event that counsel are unable to agree on a joint recommendation, each party shall file an individual recommendation by that time. Signed by Judge Emmet G. Sullivan on December 11, 2014. (lcegs4)

Dec. 11, 2014

Dec. 11, 2014

PACER

Set/Reset Hearings: Status Conference set for 12/17/2014 at 2:00 PM in Courtroom 24A before Judge Emmet G. Sullivan. (mac)

Dec. 11, 2014

Dec. 11, 2014

PACER
51

STATUS REPORT Jointly Filed By The Parties by FRESH UNLIMITED INCORPORATED, FRESHWAY LOGISTICS INCORPORATED, FRANCIS A. GILARDI, PHILIP M. GILARDI. (White, Edward) (Entered: 01/13/2015)

Jan. 13, 2015

Jan. 13, 2015

PACER
52

STATUS REPORT Filed Jointly By The Parties by FRESH UNLIMITED INCORPORATED, FRESHWAY LOGISTICS INCORPORATED, FRANCIS A. GILARDI, PHILIP M. GILARDI. (White, Edward) (Entered: 03/27/2015)

March 27, 2015

March 27, 2015

PACER

Case Details

State / Territory: District of Columbia

Case Type(s):

Speech and Religious Freedom

Special Collection(s):

Contraception Insurance Mandate

Multi-LexSum (in sample)

Key Dates

Filing Date: Jan. 24, 2013

Case Ongoing: No

Plaintiffs

Plaintiff Description:

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

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

U.S. Dept. of Health and Human Services, Federal

U.S. Dept. of Labor, Federal

U.S. Dept. of the Treasury, Federal

Defendant Type(s):

Hospital/Health Department

Case Details

Causes of Action:

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

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

Constitutional Clause(s):

Free Exercise Clause

Freedom of speech/association

Availably Documents:

Trial Court Docket

Complaint (any)

Monetary Relief

Injunctive (or Injunctive-like) Relief

Non-settlement Outcome

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

None yet

Preliminary injunction / Temp. restraining order

Source of Relief:

Litigation

Order Duration: 2014 - None

Content of Injunction:

Preliminary relief granted

Issues

General:

Contraception

Religious programs / policies

Discrimination-basis:

Religion discrimination

Type of Facility:

Non-government for-profit