Case: Armstrong v. Sebelius

1:13-cv-00563 | U.S. District Court for the District of Colorado

Filed Date: March 5, 2013

Closed Date: 2014

Clearinghouse coding complete

Case Summary

On March 5, 2013, a company with Christian owners filed a lawsuit in the U.S. District of Colorado under the First and Fifth Amendments, the Religious Freedom Restoration Act ("RFRA"), and the Administrative Procedures Act ("APA"), against the secretaries of the Department of Health and Human Services, Department of Labor, and Department of the Treasury. The plaintiff, represented by the Alliance Defending Freedom-Greenwood Village, asked the court for both declaratory and injunctive relief, a…

On March 5, 2013, a company with Christian owners filed a lawsuit in the U.S. District of Colorado under the First and Fifth Amendments, the Religious Freedom Restoration Act ("RFRA"), and the Administrative Procedures Act ("APA"), against the secretaries of the Department of Health and Human Services, Department of Labor, and Department of the Treasury. The plaintiff, represented by the Alliance Defending Freedom-Greenwood Village, asked the court for both declaratory and injunctive relief, alleging the federal rules adopted pursuant to the 2010 Patient Protection and Affordable Care Act ("ACA) violated its religious freedom by requiring it to provide employee insurance coverage for contraception through its group health insurance plan. Claiming that providing coverage for contraception would contravene both their Christian faith and compel speech contrary to their beliefs, the plaintiffs sought an exemption from the ACA's contraception mandate for themselves and other institutions with similar religious objections.

On March 28, 2013, the plaintiffs filed a motion for a preliminary injunction. On May 10, 2013, Judge Richard Brooke Jackson denied the motion for a preliminary injunction. On May 16, 2013, the plaintiffs appealed and a hearing was held on May 21. On May 31, 2013, the defendants filed an unopposed motion to stay district court proceedings pending the appeal. The order to stay was granted on June 3, 2013. On August 1, 2013, the court ordered parties to answer questions in light of Hobby Lobby v. Sebelius.

On August 19, 2013, the Court issued an order stating it would reconsider its decision regarding the preliminary injunction if plaintiffs suspended their appeal and defendants did not oppose or if the 10th Circuit remanded the case in light of Hobby Lobby. On September 17, 2013, the court preliminarily enjoined defendants from enforcing preventative services requirements against plaintiffs.

On October 17, 2013, the defendants moved to stay proceedings pending the Supreme Court's disposition of Hobby Lobby v. Sebelius, Conestoga Wood Specialities Corp. v. Sebelius, and Autocam Corp. v. Sebelius. October 18, 2013, U.S. District Judge R. Brooke Jackson granted defendants' motion.

On November 15, 2013, defendants appealed the preliminary injunction. On September 4, 2014, the defendants withdrew their appeal following the Supreme Court's decision in Hobby Lobby. The Supreme Court ruled that closely-held for-profit corporations could object to the contraception mandate. On October 7, 2014, the District Court entered an amended final judgement finding for the plaintiffs on their RFRA claim, and entering a permanent injunction against the defendants from "any further effort to enforce the 'contraceptive mandate.'" The plaintiffs were also awarded costs.

Summary Authors

Emma Lawton (11/25/2013)

Mallory Jones (1/31/2014)

Kate Craddock (7/24/2016)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4196017/parties/armstrong-v-sebelius/


Judge(s)

Briscoe, Mary Beck (Kansas)

Holmes, Jerome A. (Oklahoma)

Jackson, Richard Brooke (Colorado)

Tymkovich, Timothy M. (Colorado)

Attorneys(s) for Plaintiff

Aden, Steven H. (Virginia)

Bowman, Matthew S. (District of Columbia)

Cortman, David A. (Georgia)

Decker, Natalie L (Colorado)

Norton, Michael Jeffrey (Colorado)

Attorneys(s) for Defendant

Bennett, Michelle Renee (District of Columbia)

Judge(s)

Briscoe, Mary Beck (Kansas)

Holmes, Jerome A. (Oklahoma)

Jackson, Richard Brooke (Colorado)

Tymkovich, Timothy M. (Colorado)

Attorneys(s) for Plaintiff

Aden, Steven H. (Virginia)

Bowman, Matthew S. (District of Columbia)

Cortman, David A. (Georgia)

Decker, Natalie L (Colorado)

Norton, Michael Jeffrey (Colorado)

Attorneys(s) for Defendant

Bennett, Michelle Renee (District of Columbia)

Other Attorney(s)

Domenico, Daniel Desmond (Colorado)

Ingold, Christopher Lynn (California)

Neel, Sara R. (Colorado)

Rich, Sara J. (Colorado)

Silverstein, Mark (Colorado)

Documents in the Clearinghouse

Document

Docket [PACER]

Dec. 19, 2014 Docket
1

Complaint

March 5, 2013 Complaint
50

Order [directing parties to answer questions]

2013 WL 4012713, 2013 U.S.Dist.LEXIS 108753

Aug. 1, 2013 Order/Opinion
54

Order [to reconsider under certain conditions]

Aug. 19, 2013 Order/Opinion
55

Order and Judgment [granting remand]

U. S. Court of Appeals for the Tenth Circuit

531 Fed.Appx. 938, 2013 WL 4757949

Sept. 5, 2013 Order/Opinion
56

Order Granting Preliminary Injunction

2013 WL 5213640, 2013 U.S.Dist.LEXIS 132841

Sept. 17, 2013 Order/Opinion
61

Unopposed Motion to Extend Stay of District Court Proceedings

Oct. 17, 2013 Pleading / Motion / Brief
78

Order

2014 WL 5317354

Sept. 29, 2014 Order/Opinion
82

Amended Final Judgment [in favor of the plaintiffs]

Oct. 7, 2014 Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4196017/armstrong-v-sebelius/

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

ECF Number Description Date Link
1

COMPLAINT against Kathleen Sebelius, Seth D Harris, Jacob J Lew, United States Department of Labor, United States Department of the Treasury, United States Department of Health and Human Services (Filing fee $ 350, Receipt Number 1082-3255226), filed by Cherry Creek Mortgage Co., Inc., John A May, William L Armstrong, III, Jeffrey S May, W (Bill) L Armstrong, Dorothy A Shanahan. (Attachments: # 1 Civil Cover Sheet)(Norton, Michael) (Entered: 03/05/2013)

1 Civil Cover Sheet

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March 5, 2013 RECAP
2

Exhibits in Support of 1 Complaint, by Plaintiffs W (Bill) L Armstrong, William L Armstrong, III, Cherry Creek Mortgage Co., Inc., Jeffrey S May, John A May, Dorothy A Shanahan. (Attachments: # 1 Exhibit, # 2 Exhibit)(Norton, Michael) (Entered: 03/05/2013)

1 Exhibit

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2 Exhibit

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March 5, 2013 PACER
3

SUMMONS REQUEST as to Kathleen Sebelius, Seth D. Harris, Jacob J. Lew re 2 Exhibits, 1 Complaint, by Plaintiffs W (Bill) L Armstrong, William L Armstrong, III, Cherry Creek Mortgage Co., Inc., Jeffrey S May, John A May, Dorothy A Shanahan. (Norton, Michael) (Entered: 03/05/2013)

March 5, 2013 PACER
4

NOTICE OF CASE ASSOCIATION by Plaintiffs W (Bill) L Armstrong, William L Armstrong, III, Cherry Creek Mortgage Co., Inc., Jeffrey S May, John A May, Dorothy A Shanahan (Norton, Michael) (Entered: 03/05/2013)

March 5, 2013 PACER
5

CORPORATE DISCLOSURE STATEMENT. (Norton, Michael) (Entered: 03/05/2013)

March 5, 2013 PACER
6

Case assigned to Judge Richard P. Matsch and drawn to Magistrate Judge Boyd N. Boland. Text Only Entry. (ccovi, ) (Entered: 03/05/2013)

March 5, 2013 PACER
7

SUMMONS issued by Clerk. Magistrate Judge Consent Form attached. (Attachments: # 1 Magistrate Judge Consent Form) (ccovi, ) (Entered: 03/05/2013)

1 Magistrate Judge Consent Form

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March 5, 2013 PACER
8

MEMORANDUM RETURNING CASE for reassignment by Senior District Judge Richard P. Matsch. (rpmcd ) (Entered: 03/06/2013)

March 6, 2013 PACER
9

CASE REASSIGNED pursuant to 8 Memorandum Returning Case. This case is reassigned to Judge R. Brooke Jackson. All future pleadings should be designated as 13-00563-RBJ-BNB. Text Only Entry (rpmcd) (Entered: 03/06/2013)

March 6, 2013 PACER
10

ORDER TO SET SCHEDULING CONFERENCE: The parties are ordered to set an initial scheduling conference in this Court (with Judge Jackson) pursuant to Fed. R. Civ. P. 16(b) and D.C.COLO.LCivR 16.1 no later than 45 days after the answer, motion to dismiss or other response to the complaint is filed. By Judge R. Brooke Jackson on 03/07/2013. (rbjsec. ) (Entered: 03/07/2013)

March 7, 2013 RECAP
11

NOTICE of Entry of Appearance by Michelle Renee Bennett on behalf of All Defendants (Bennett, Michelle) (Entered: 03/15/2013)

March 15, 2013 PACER
12

MOTION for Preliminary Injunction by Plaintiffs W. L. Armstrong, William L. Armstrong, III, Cherry Creek Mortgage Co., Inc., Jeffrey S. May, John A. May, Dorothy A. Shanahan. (Norton, Michael) (Entered: 03/18/2013)

March 18, 2013 PACER
13

BRIEF in Support of 12 MOTION for Preliminary Injunction filed by Plaintiffs W. L. Armstrong, William L. Armstrong, III, Cherry Creek Mortgage Co., Inc., Jeffrey S. May, John A. May, Dorothy A. Shanahan. (Norton, Michael) (Entered: 03/18/2013)

March 18, 2013 PACER
14

MINUTE ORDER re: 12 MOTION for Preliminary Injunction filed by Cherry Creek Mortgage Co., Inc., W. L. Armstrong, William L. Armstrong, III, Dorothy A. Shanahan, Jeffrey S. May, John A. May. The Court directs that counsel jointly contact Chambers at (303) 844-4694 to set a half-day evidentiary hearing. A 67-page brief is unreasonable and excessive, the Court does not wish to receive briefs exceeding 25 pages henceforth in this case. Plaintiffs' reply is limited to 5 pages. By Judge R. Brooke Jackson on 03/18/2013. Text Only Entry (rbjsec. ) (Entered: 03/18/2013)

March 18, 2013 PACER
15

SUMMONS Returned Executed by Cherry Creek Mortgage Co., Inc., Jeffrey S. May, W. L. Armstrong, William L. Armstrong, III, John A. May, Dorothy A. Shanahan. Seth D. Harris served on 3/11/2013, answer due 4/1/2013; Jacob J. Lew served on 3/14/2013, answer due 4/4/2013; Kathleen Sebelius served on 3/11/2013, answer due 4/1/2013; United States Department of Health and Human Services served on 3/11/2013, answer due 4/1/2013; United States Department of Labor served on 3/11/2013, answer due 4/1/2013; United States Department of the Treasury served on 3/14/2013, answer due 4/4/2013. (Norton, Michael) (Entered: 03/19/2013)

March 19, 2013 PACER
16

MINUTE ORDER re: 12 MOTION for Preliminary Injunction filed by Cherry Creek Mortgage Co., Inc., W. L. Armstrong, William L. Armstrong, III, Dorothy A. Shanahan, Jeffrey S. May, John A. May. A half-day Evidentiary Hearing is scheduled for May 10, 2013 at 9:00 a.m. in Courtroom A 902 before Judge R. Brooke Jackson. By Judge R. Brooke Jackson on 03/21/2013. Text Only Entry (rbjsec. ) (Entered: 03/21/2013)

March 21, 2013 PACER
17

MOTION for Leave to File Excess Pages by Defendants Seth D. Harris, Jacob J. Lew, Kathleen Sebelius, United States Department of Health and Human Services, United States Department of Labor, United States Department of the Treasury. (Bennett, Michelle) (Entered: 04/01/2013)

April 1, 2013 PACER
18

ORDER denying 17 Motion for Leave to File Excess Pages. By Judge R. Brooke Jackson on 04/02/2013. Text Only Entry(rbjsec. ) (Entered: 04/02/2013)

April 2, 2013 PACER
19

BRIEF in Opposition to 12 MOTION for Preliminary Injunction filed by Defendants Seth D. Harris, Jacob J. Lew, Kathleen Sebelius, United States Department of Health and Human Services, United States Department of Labor, United States Department of the Treasury. (Bennett, Michelle) (Entered: 04/10/2013)

April 10, 2013 PACER
20

MOTION to File Amicus Brief In Opposition to Plaintiffs' Motion For Preliminary Injunction by Amicus ACLU. (Attachments: # 1 Exhibit A - Amicus Brief, # 2 Corporate Disclosure Statement)(Silverstein, Mark) (Entered: 04/12/2013)

1 Exhibit A - Amicus Brief

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2 Corporate Disclosure Statement

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April 12, 2013 PACER
21

NOTICE of Entry of Appearance by Sara J. Rich on behalf of ACLU (Rich, Sara) (Entered: 04/12/2013)

April 12, 2013 PACER
22

RESPONSE to 20 MOTION to File Amicus Brief In Opposition to Plaintiffs' Motion For Preliminary Injunction filed by Plaintiffs W. L. Armstrong, William L. Armstrong, III, Cherry Creek Mortgage Co., Inc., Jeffrey S. May, John A. May, Dorothy A. Shanahan. (Norton, Michael) (Entered: 04/15/2013)

April 15, 2013 PACER
23

REPLY to Response to 12 MOTION for Preliminary Injunction filed by Plaintiffs W. L. Armstrong, William L. Armstrong, III, Cherry Creek Mortgage Co., Inc., Jeffrey S. May, John A. May, Dorothy A. Shanahan. (Norton, Michael) (Entered: 04/22/2013)

April 22, 2013 PACER
24

AMENDED REPLY to Response to 12 MOTION for Preliminary Injunction, filed by Plaintiffs W. L. Armstrong, William L. Armstrong, III, Cherry Creek Mortgage Co., Inc., Jeffrey S. May, John A. May, Dorothy A. Shanahan. (Norton, Michael) (Modified on 4/24/2013 to indicate that this is an amended reply (alvsl).) (Entered: 04/24/2013)

April 24, 2013 PACER
25

Unopposed MOTION for Extension of Time to File Answer or Otherwise Respond re 1 Complaint, by Defendants Seth D. Harris, Jacob J. Lew, Kathleen Sebelius, United States Department of Health and Human Services, United States Department of Labor, United States Department of the Treasury. (Bennett, Michelle) (Entered: 04/24/2013)

April 24, 2013 PACER
26

ORDER granting 20 MOTION to File Amicus Brief In Opposition to Plaintiffs' Motion For Preliminary Injunction. The federal decisions cited by the parties are divided as to whether ACLU amicus briefs have been accepted in similar cases. The response indicates that the amicus brief advocates the same position as the government and is essentially duplicative. To avoid having to read the amicus brief to resolve that issue, thereby defeating the purpose of the response, the Court asked a law clerk to do so and to advise whether the brief is duplicative. Based upon that source, the Court is satisfied that while the issues are similar, the analysis is somewhat different. The Court therefore is willing to consider the brief, just as it would be willing to consider an amicus brief from an organization opposed to the government's position. By Judge R. Brooke Jackson on 04/24/2013. Text Only Entry(rbjsec. ) (Entered: 04/24/2013)

April 24, 2013 PACER
27

ORDER granting 25 Unopposed MOTION for Extension of Time to File Answer or Otherwise Respond re 1 Complaint. By Judge R. Brooke Jackson on 04/24/2013. Text Only Entry(rbjsec. ) (Entered: 04/24/2013)

April 24, 2013 PACER
28

BRIEF in Opposition to 12 MOTION for Preliminary Injunction filed by Amicus ACLU. (Silverstein, Mark) (Entered: 04/24/2013)

April 24, 2013 PACER
29

RESPONSE to 12 MOTION for Preliminary Injunction filed by Plaintiffs W. L. Armstrong, William L. Armstrong, III, Cherry Creek Mortgage Co., Inc., Jeffrey S. May, John A. May, Dorothy A. Shanahan. (Norton, Michael) (Entered: 04/26/2013)

April 26, 2013 PACER
30

Unopposed MOTION for Leave to FILE AMICUS CURIAE BRIEF IN SUPPORT OF PLAINTIFFS' MOTION FOR PRELIMINARY INJUNCTION by Amicus LIBERTY, LIFE, AND LAW FOUNDATION. (Attachments: # 1 Proposed Document Amicus Curiae Brief of LLLF)(Ingold, Christopher) (Entered: 04/30/2013)

1 Proposed Document Amicus Curiae Brief of LLLF

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April 30, 2013 PACER
31

CORPORATE DISCLOSURE STATEMENT. (Ingold, Christopher) (Entered: 04/30/2013)

April 30, 2013 PACER
32

ORDER granting 30 Unopposed MOTION for Leave to FILE AMICUS CURIAE BRIEF IN SUPPORT OF PLAINTIFFS' MOTION FOR PRELIMINARY INJUNCTION. By Judge R. Brooke Jackson on 05/01/2013. Text Only Entry(rbjsec. ) (Entered: 05/01/2013)

May 1, 2013 PACER
33

BRIEF in Support of 12 MOTION for Preliminary Injunction filed by Amicus LIBERTY, LIFE, AND LAW FOUNDATION. (Ingold, Christopher) (Entered: 05/01/2013)

May 1, 2013 PACER
34

NOTICE of Entry of Appearance by Daniel D. Domenico on behalf of Attorney General, State of Colorado (Domenico, Daniel) (Entered: 05/01/2013)

May 1, 2013 PACER
35

Unopposed MOTION to File Amicus Brief by Amicus Attorney General, State of Colorado. (Attachments: # 1 Proposed Document Amicus Brief)(Domenico, Daniel) (Entered: 05/01/2013)

1 Proposed Document Amicus Brief

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May 1, 2013 PACER
36

ORDER granting 35 Motion to File Amicus Brief. The Clerk of Court's office is directed to file the amicus brief at [35-1]. By Judge R. Brooke Jackson on 05/02/2013. Text Only Entry(rbjsec. ) (Entered: 05/02/2013)

May 2, 2013 PACER
37

Amicus Curiae BRIEF in Support of 12 MOTION for Preliminary Injunction filed by Amicus Attorney General, State of Colorado. (Filed pursuant to Order at Dkt. No. 36 .) (alvsl) (Entered: 05/02/2013)

May 2, 2013 PACER
38

MINUTE ENTRY for proceedings held before Judge R. Brooke Jackson: Hearing on Motion for Preliminary Injunction held on 5/10/2013. ORDERED:The Plaintiffs' Motion for Preliminary Injunction 12 is DENIED. Hearing concluded. Court Reporter: Kara Spitler. (wjmcd, ) (Entered: 05/10/2013)

May 10, 2013 RECAP
39

NOTICE OF APPEAL as to 38 Order on Motion for Preliminary Injunction,, Motion Hearing,, Terminate Deadlines and Hearings, by Plaintiffs W. L. Armstrong, William L. Armstrong, III, Cherry Creek Mortgage Co., Inc., Jeffrey S. May, John A. May, Dorothy A. Shanahan (Filing fee $ 455, Receipt Number 1082-3364059) (Norton, Michael) (Entered: 05/16/2013)

May 16, 2013 PACER
40

LETTER Transmitting Notice of Appeal to all counsel advising of the transmittal of the 39 Notice of Appeal, filed by Cherry Creek Mortgage Co., Inc., W. L. Armstrong, William L. Armstrong, III, Dorothy A. Shanahan, Jeffrey S. May, John A. May to the U.S. Court of Appeals. ( Retained Counsel, Fee paid) (Attachments: # 1 Docket Sheet, # 2 Preliminary Record)(lswsl ) (Entered: 05/17/2013)

1 Docket Sheet

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2 Preliminary Record

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May 17, 2013 PACER
41

USCA Case Number 13-1218 for 39 Notice of Appeal, filed by Cherry Creek Mortgage Co., Inc., W. L. Armstrong, William L. Armstrong, III, Dorothy A. Shanahan, Jeffrey S. May, John A. May. (dbrow, ) (Entered: 05/17/2013)

May 17, 2013 PACER
42

TRANSCRIPT of Hearing on Plaintiffs' Motion for Preliminary Injunction held on 5-10-13 before Judge Jackson. Pages: 1-99. <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 8/22/2013. (Spitler, Kara) (Entered: 05/21/2013)

May 21, 2013 PACER
43

Unopposed MOTION to Stay District Court Proceedings Pending Appeal by Defendants Seth D. Harris, Jacob J. Lew, Kathleen Sebelius, United States Department of Health and Human Services, United States Department of Labor, United States Department of the Treasury. (Bennett, Michelle) (Entered: 05/31/2013)

May 31, 2013 PACER
44

ORDER granting 43 Unopposed MOTION to Stay District Court Proceedings Pending Appeal. By Judge R. Brooke Jackson on 06/03/2013. Text Only Entry(rbjsec. ) (Entered: 06/03/2013)

June 3, 2013 PACER
45

TRANSCRIPT ORDER FORM re 39 Notice of Appeal, by Plaintiffs W. L. Armstrong, William L. Armstrong, III, Cherry Creek Mortgage Co., Inc., Jeffrey S. May, John A. May, Dorothy A. Shanahan, Defendant Seth D. Harris (Norton, Michael) (Entered: 06/05/2013)

June 5, 2013 PACER
46

REPORTER TRANSCRIPT ORDER FORM filed by Kara Spitler; Transcripts ordered 5/10/13. Confirmed on docket. (lswsl ) (Entered: 06/05/2013)

June 5, 2013 PACER
47

LETTER TO USCA and all counsel certifying the record is complete as to 39 Notice of Appeal, filed by Cherry Creek Mortgage Co., Inc., W. L. Armstrong, William L. Armstrong, III, Dorothy A. Shanahan, Jeffrey S. May, John A. May. A transcript order form was filed stating that the necessary transcript is already on file. ( Appeal No. 13-1218) Text Only Entry (lswsl) (Entered: 06/06/2013)

June 6, 2013 PACER
48

MOTION for Order to F.R. Civ P. 62(c) and Request for Forthwith Determination by Plaintiffs W. L. Armstrong, William L. Armstrong, III, Cherry Creek Mortgage Co., Inc., Jeffrey S. May, John A. May, Dorothy A. Shanahan. (Attachments: # 1 Proposed Order (PDF Only))(Norton, Michael) (Entered: 07/01/2013)

1 Proposed Order (PDF Only)

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July 1, 2013 PACER
49

BRIEF in Opposition to 48 MOTION for Order to F.R. Civ P. 62(c) and Request for Forthwith Determination filed by Defendants Seth D. Harris, Jacob J. Lew, Kathleen Sebelius, United States Department of Health and Human Services, United States Department of Labor, United States Department of the Treasury. (Attachments: # 1 Excerpts from Transcript of PI Hearing)(Bennett, Michelle) (Entered: 07/18/2013)

1 Excerpts from Transcript of PI Hearing

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July 18, 2013 PACER
50

ORDER Plaintiffs have moved for an order reversing this Courts order of May 10, 2013, and therefore granting a preliminary injunction as requested, in light of the en banc decision in Hobby Lobby Stores, Inc. v. Sebelius, 2013 WL 3216103 (10th Cir. June 27, 2013). See Order for Details, by Judge R. Brooke Jackson on 8/1/2013. (ervsl, ) (Entered: 08/01/2013)

Aug. 1, 2013 RECAP
51

RESPONSE to 50 Order, by Defendants Seth D. Harris, Jacob J. Lew, Kathleen Sebelius, United States Department of Health and Human Services, United States Department of Labor, United States Department of the Treasury. (Attachments: # 1 Exhibit Transcript of Hobby Lobby remand hearing)(Bennett, Michelle) (Entered: 08/09/2013)

1 Exhibit Transcript of Hobby Lobby remand hearing

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Aug. 9, 2013 PACER
52

RESPONSE to 50 Order, by Plaintiffs W. L. Armstrong, William L. Armstrong, III, Cherry Creek Mortgage Co., Inc., Jeffrey S. May, John A. May, Dorothy A. Shanahan. (Norton, Michael) (Entered: 08/13/2013)

Aug. 13, 2013 PACER
53

SUPPLEMENT/AMENDMENT to 52 Response to Order by Plaintiffs W. L. Armstrong, William L. Armstrong, III, Cherry Creek Mortgage Co., Inc., Jeffrey S. May, John A. May, Dorothy A. Shanahan. (Norton, Michael) (Entered: 08/14/2013)

Aug. 14, 2013 PACER
54

ORDER: If (1) plaintiffs file a motion to suspend their appeal pending reconsideration of the injunction issue by this Court, which the government has indicated it will not oppose, or (2) the defendant files a similar motion in the Circuit, and (3) either as a result of such a motion by either party or sua sponte the Tenth Circuit remands the case to this Court to reconsider its decision in light of Hobby Lobby, the Court will then do so. By Judge R. Brooke Jackson on 08/19/13. (alvsl) (Entered: 08/19/2013)

Aug. 19, 2013 RECAP
55

USCA ORDER AND JUDGMENT as to 39 Notice of Appeal, filed by Cherry Creek Mortgage Co., Inc., W. L. Armstrong, William L. Armstrong, III, Dorothy A. Shanahan, Jeffrey S. May, John A. May : We grant the motion for remand,vacate the district courts order, and remand for further proceedings consistentwith the Hobby Lobby decision. We deny as moot plaintiffs request for a motion for injunction pending appeal. (USCA Case No. 13-1218) (This document is not the Mandate) (dbrow, ) (Entered: 09/05/2013)

Sept. 5, 2013 PACER
56

ORDER : The defendants, their officers and employees are preliminarily enjoined from any further effort to apply or enforce against Cherry Creek Mortgage Co., Inc. or the individual plaintiffs the preventive services requirements found at 42 U.S.C. ยง 300gg-13(a)(4) or the application of penalties found in 26 U.S.C. ยง 4980D, 26 U.S.C. ยง 4980H, and 29 U.S.C. ยง 1132, pending further order of this Court. by Judge R. Brooke Jackson on 9/17/2013. (trlee, ) (Entered: 09/17/2013)

Sept. 17, 2013 RECAP
57

ORDER finding as moot 48 MOTION for Order to F.R. Civ P. 62(c) and Request for Forthwith Determination. By Judge R. Brooke Jackson on 09/17/2013. Text Only Entry(rbjsec. ) (Entered: 09/17/2013)

Sept. 17, 2013 PACER
58

MOTION for Summary Judgment by Plaintiffs W. L. Armstrong, William L. Armstrong, III, Cherry Creek Mortgage Co., Inc., Jeffrey S. May, John A. May, Dorothy A. Shanahan. (Norton, Michael) (Entered: 09/27/2013)

Sept. 27, 2013 PACER
59

MOTION to Stay Case in Light of Lapse of Appropriations by Defendants Seth D. Harris, Jacob J. Lew, Kathleen Sebelius, United States Department of Health and Human Services, United States Department of Labor, United States Department of the Treasury. (Bennett, Michelle) (Entered: 10/01/2013)

Oct. 1, 2013 PACER
60

ORDER granting 59 MOTION to Stay Case in Light of Lapse of Appropriations. By Judge R. Brooke Jackson on 10/02/2013. Text Only Entry(rbjsec. ) (Entered: 10/02/2013)

Oct. 2, 2013 PACER
61

Unopposed MOTION to Stay Case by Defendants Seth D. Harris, Jacob J. Lew, Kathleen Sebelius, United States Department of Health and Human Services, United States Department of Labor, United States Department of the Treasury. (Bennett, Michelle) (Entered: 10/17/2013)

Oct. 17, 2013 PACER
62

ORDER granting 61 Unopposed MOTION to Stay Case. By Judge R. Brooke Jackson on 10/18/2013. Text Only Entry(rbjsec. ) (Entered: 10/18/2013)

Oct. 18, 2013 PACER
63

MANDATE of USCA as to 39 Notice of Appeal, filed by Cherry Creek Mortgage Co., Inc., W. L. Armstrong, William L. Armstrong, III, Dorothy A. Shanahan, Jeffrey S. May, John A. May : (USCA Case No. 13-1218) (dbrow, ) (Entered: 10/28/2013)

Oct. 28, 2013 PACER
64

NOTICE OF APPEAL as to 56 Order, by Defendants Seth D. Harris, Jacob J. Lew, Kathleen Sebelius, United States Department of Health and Human Services, United States Department of Labor, United States Department of the Treasury (Bennett, Michelle) (Entered: 11/15/2013)

Nov. 15, 2013 PACER
65

LETTER Transmitting Notice of Appeal to all counsel advising of the transmittal of the 64 Notice of Appeal, filed by Kathleen Sebelius, United States Department of Health and Human Services, Jacob J. Lew, Seth D. Harris, United States Department of the Treasury, United States Department of Labor to the U.S. Court of Appeals. ( Retained Counsel, Fee not paid,) (Attachments: # 1 Docket Sheet, # 2 Preliminary Record)(dbrow, ) (Entered: 11/18/2013)

1 Docket Sheet

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2 Preliminary Record

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Nov. 18, 2013 PACER
66

USCA Case Number 13-1480 for 64 Notice of Appeal, filed by Kathleen Sebelius, United States Department of Health and Human Services, Jacob J. Lew, Seth D. Harris, United States Department of the Treasury, United States Department of Labor. (dbrow, ) (Entered: 11/18/2013)

Nov. 18, 2013 PACER
67

ORDER of USCA as to 64 Notice of Appeal, filed by Kathleen Sebelius, United States Department of Health and Human Services, Jacob J. Lew, Seth D. Harris, United States Department of the Treasury, United States Department of Labor. The previously ordered abatement in this appeal remains in place. (USCA Case No. 13-1480) (dbrow, ) (Entered: 11/27/2013)

Nov. 26, 2013 RECAP
68

ORDER of USCA as to 64 Notice of Appeal, filed by Kathleen Sebelius, United States Department of Health and Human Services, Jacob J. Lew, Seth D. Harris, United States Department of the Treasury, United States Department of Labor. Abatement of this appeal will remain in place. (USCA Case No. 13-1480) (dbrow, ) (Entered: 05/12/2014)

May 12, 2014 PACER
69

ORDER of USCA as to 64 Notice of Appeal, filed by Kathleen Sebelius, United States Department of Health and Human Services, Jacob J. Lew, Seth D. Harris, United States Department of the Treasury, United States Department of Labor. Accordingly, the abatement of this appeal is lifted and proceedings will resume. (USCA Case No. 13-1480) (dbrow, ) (Entered: 07/02/2014)

July 2, 2014 PACER
70

ORDER of USCA as to 64 Notice of Appeal, filed by Kathleen Sebelius, United States Department of Health and Human Services, Jacob J. Lew, Seth D. Harris, United States Department of the Treasury, United States Department of Labor. Proceedings in this appeal are ABATED until August 13, 2014. (USCA Case No. 13-1480) (dbrow, ) (Entered: 07/14/2014)

July 14, 2014 PACER
71

ORDER of USCA as to 64 Notice of Appeal, filed by Kathleen Sebelius, United States Department of Health and Human Services, Jacob J. Lew, Seth D. Harris, United States Department of the Treasury, United States Department of Labor. Appeal will remain abated until September 5, 2014. (USCA Case No. 13-1480) (dbrow, ) (Entered: 08/13/2014)

Aug. 12, 2014 PACER
72

ORDER and MANDATE of USCA as to 64 Notice of Appeal, filed by Kathleen Sebelius, United States Department of Health and Human Services, Jacob J. Lew, Seth D. Harris, United States Department of the Treasury, United States Department of Labor : (USCA Case No. 13-1480) (Attachments: # 1 mandate)(trlee, ) (Entered: 09/04/2014)

1 mandate

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Sept. 4, 2014 PACER
73

MINUTE ORDER re: 58 MOTION for Summary Judgment filed by Cherry Creek Mortgage Co., Inc., W. L. Armstrong, William L. Armstrong, III, Dorothy A. Shanahan, Jeffrey S. May, John A. May. The Court requests a response to the pending motion for summary judgment on or before September 22, 2014 if the government opposes the motion. Or, an indication that the government does not oppose the motion. One way or the other the Court will rule on the motion shortly thereafter. By Judge R. Brooke Jackson on 09/08/2014. Text Only Entry (rbjsec.) (Entered: 09/08/2014)

Sept. 8, 2014 PACER
74

NOTICE of Consent to Injunction and Judgment by Defendants Seth D. Harris, Jacob J. Lew, Kathleen Sebelius, 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: 09/22/2014)

1 Proposed Order (PDF Only)

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Sept. 22, 2014 RECAP
75

ORDER finding as moot 58 Motion for Summary Judgment. By Judge R. Brooke Jackson on 09/23/2014. Text Only Entry(rbjsec.) (Entered: 09/23/2014)

Sept. 23, 2014 PACER
76

MINUTE ORDER re: 74 NOTICE of Consent to Injunction and Judgment, filed by Kathleen Sebelius, United States Department of Health and Human Services, Jacob J. Lew, Seth D. Harris, United States Department of the Treasury, United States Department of Labor. The Court grants the plaintiffs 10 days to file a response to the defendants' notice. No more than five pages. No reply. By Judge R. Brooke Jackson on 09/23/2014. Text Only Entry (rbjsec. ) (Entered: 09/23/2014)

Sept. 23, 2014 PACER
77

RESPONSE to 74 Notice (Other), of Consent to Injunction and Judgment by Plaintiffs W. L. Armstrong, William L. Armstrong, III, Cherry Creek Mortgage Co., Inc., Jeffrey S. May, John A. May, Dorothy A. Shanahan. (Attachments: # 1 Proposed Order (PDF Only) Injunction and Judgment)(Norton, Michael) (Entered: 09/24/2014)

1 Proposed Order (PDF Only) Injunction and Judgment

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Sept. 24, 2014 PACER
78

ORDER : The regulations promulgated by the Department of Health and Human Services under the Patient Protection and Affordable Care Act of 2010 described in Hobby Lobby as "the contraceptive mandate" cannot lawfully be applied to Cherry Creek Mortgage Co., Inc. or to the individual plaintiffs in this case. Judgment shall enter. by Judge R. Brooke Jackson on 9/29/14. (jdyne, ) (Entered: 09/29/2014)

Sept. 29, 2014 RECAP
79

JUDGMENT in favor of the plaintiffs - Cherry Creek Mortgage Co. Inc., Dorothy A. Shanahan, Jeffrey S. May, John A. May, W. L. Armstrong, William L. Armstrong, III and against the defendants - United States Department of Health and Human Services, United States Department of Labor, United States Department of the Treasury, Jacob J. Lew, Kathleen Sebelius and Seth D. Harris. by Judge R. Brooke Jackson on 9/29/14. (jdyne, ) (Entered: 09/29/2014)

Sept. 29, 2014 PACER
80

Joint MOTION to Alter Judgment re 79 Judgment,, MOTION for Extension of Time to Submit Plaintiffs' Bill of Costs and Motion for Attorneys' Fees by Defendants Seth D. Harris, Jacob J. Lew, Kathleen Sebelius, United States Department of Health and Human Services, United States Department of Labor, United States Department of the Treasury. (Bennett, Michelle) (Entered: 10/03/2014)

Oct. 3, 2014 RECAP
81

ORDER granting 80 Joint MOTION to Alter Judgment re 79 Judgment,, MOTION for Extension of Time to Submit Plaintiffs' Bill of Costs and Motion for Attorneys' Fees. An Amended Final Judgment will enter with the substituted paragraph. In addition, the parties request for a period of 45 days after the entry of the Amended Final Judgment to submit a bill of costs and/or a motion for attorney's fees is granted. By Judge R. Brooke Jackson on 10/7/2014. Text Only Entry(rbjsec. ) (Entered: 10/07/2014)

Oct. 7, 2014 PACER
82

AMENDED FINAL JUDGMENT in favor of the plaintiffs, W.L. (Bill) Armstrong, Jeffrey S. May, William L. (Wil) Armstrong III, John A. May, Dorothy A. Shanahan and Cherry Creek Mortgage Co., Inc. and against the defendants, Sylvia M. Burwell, Thomas E. Perez, Jacob J. Lew, United States Department of Health and Human Services, United States Department of Labor and United States Department of the Treasury. by Clerk on 10/7/14. (jdyne, ) (Entered: 10/07/2014)

Oct. 7, 2014 RECAP
83

Unopposed MOTION for Extension of Time to File Any Bill of Costs and/or Motion for Attorney's Fees by Defendants Seth D. Harris, Jacob J. Lew, Kathleen Sebelius, United States Department of Health and Human Services, United States Department of Labor, United States Department of the Treasury. (Bennett, Michelle) (Entered: 11/20/2014)

Nov. 20, 2014 PACER
84

ORDER granting 83 Unopposed MOTION for Extension of Time to File Any Bill of Costs and/or Motion for Attorney's Fees. By Judge R. Brooke Jackson on 11/21/2014. Text Only Entry(rbjsec. ) (Entered: 11/21/2014)

Nov. 21, 2014 PACER
85

Unopposed MOTION for Extension of Time to File Any Bill of Costs and/or Motion for Attorney's Fees by Defendants Seth D. Harris, Jacob J. Lew, Kathleen Sebelius, United States Department of Health and Human Services, United States Department of Labor, United States Department of the Treasury. (Bennett, Michelle) (Entered: 12/18/2014)

Dec. 18, 2014 PACER
86

ORDER granting 85 Unopposed MOTION for Extension of Time to File Any Bill of Costs and/or Motion for Attorney's Fees. Bill of costs and motions related to attorneys' fees are now due by January 19, 2015. By Judge R. Brooke Jackson on 12/19/2014. Text Only Entry(rbjsec. ) (Entered: 12/19/2014)

Dec. 19, 2014 PACER

State / Territory: Colorado

Case Type(s):

Speech and Religious Freedom

Special Collection(s):

Contraception Insurance Mandate

Key Dates

Filing Date: March 5, 2013

Closing Date: 2014

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Christian business owners seeking exemption from the ACA's contraception mandate.

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

Department of Health and Human Services, Federal

Department of Labor, Federal

Department 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

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Attorneys fees

Source of Relief:

Litigation

Content of Injunction:

Preliminary relief granted

Issues

General:

Abortion

Contraception

Religious programs / policies

Discrimination-basis:

Religion discrimination