Case: Barron Industries, Inc. v. Sebelius

1:13-cv-01330 | U.S. District Court for the District of Columbia

Filed Date: Sept. 4, 2013

Closed Date: 2014

Clearinghouse coding complete

Case Summary

On September 4, 2013, a for-profit company filed this lawsuit in the United States District Court for the District of D.C. against the U.S. Department of Health and Human Services under the Religious Freedom Restoration Act (RFRA), the Administrative Procedure Act. and the First Amendment. The plaintiff, represented by the Thomas More Society, asked the court for an exception to the Affordable Care Act (ACA) mandate requiring employers to provide health insurance coverage of contraception. Spec…

On September 4, 2013, a for-profit company filed this lawsuit in the United States District Court for the District of D.C. against the U.S. Department of Health and Human Services under the Religious Freedom Restoration Act (RFRA), the Administrative Procedure Act. and the First Amendment. The plaintiff, represented by the Thomas More Society, asked the court for an exception to the Affordable Care Act (ACA) mandate requiring employers to provide health insurance coverage of contraception. Specifically, the plaintiff claimed that providing insurance coverage of contraception would violate the deeply held, Catholic religious beliefs of the corporation's owners.

On September 25, 2013, Judge Ketanji Brown Jackson granted the plaintiff's unopposed motion for preliminary injunction and stayed the case. The court initially ordered a stay until the United States Court of Appeals for the D.C. Circuit ruled in Gilardi v. U.S. Department of Health and Human Services. The district court kept the stay in place until after the Supreme Court's ruling in Hobby Lobby v. Sebelius on June 30, 2014.

In Hobby Lobby, the Supreme Court held that the version of the contraceptive services mandate in place at that time was a violation of the plaintiff's rights under the RFRA. Based on that ruling and the parties' joint status report, on October 27, 2014 the district court entered a permanent injunction and judgment in favor of the plaintiffs, enjoining defendants from enforcing the version of the contraception mandate at issue in Hobby Lobby against the plaintiffs in this case. The parties were instructed to meet and confer on attorneys' fees and costs. The most recent status report in following that order was entered on December 17, 2014.

Summary Authors

Mallory Jones (1/31/2014)

Kate Craddock (7/24/2016)

Related Cases

Gilardi v. Dep't of Health and Human Services [Gilardi v. Sebelius], District of Columbia (2013)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/13132332/parties/barron-industries-inc-v-sebelius/


Judge(s)

Jackson, Ketanji Brown (District of Columbia)

Attorneys(s) for Plaintiff

Mersino, Erin Elizabeth (Michigan)

Attorneys(s) for Defendant

Pruski, Jacek (District of Columbia)

Judge(s)

Jackson, Ketanji Brown (District of Columbia)

Attorneys(s) for Plaintiff

Mersino, Erin Elizabeth (Michigan)

Attorneys(s) for Defendant

Pruski, Jacek (District of Columbia)

Documents in the Clearinghouse

Document

Docket [PACER]

Dec. 17, 2014 Docket
1

Complaint

Sept. 4, 2013 Complaint
5

Plaintiff's Unopposed Motion for Preliminary Injunction and Stay of Proceedings

Sept. 23, 2013 Pleading / Motion / Brief
6

Order Granting Plaintiff's Unopposed Motion for Preliminary Injunction and Staying the Case

Sept. 25, 2013 Order/Opinion
10

Injunction and Judgment

Barron Industries v. Sebelius

Oct. 27, 2014 Order/Opinion

Resources

Title Description External URL

Docket

See docket on RECAP: https://www.courtlistener.com/docket/13132332/barron-industries-inc-v-sebelius/

Last updated May 20, 2022, 3:11 a.m.

ECF Number Description Date Link
1

COMPLAINT against All Defendants ( Filing fee $ 400 receipt number 0090-3454294) filed by Barron Industries, Inc., Bruce Barron, Paul Barron. (Attachments: # 1 Civil Cover Sheet Civil Cover Sheet, # 2 Summons Summons, Kathleen Sebelius, # 3 Summons Summons, U.S. Dep't of Health and Human Services, # 4 Summons Summons, Jack Lew, # 5 Summons Summons, U.S. Dep't of the Treasury, # 6 Summons Summons, Thomas Perez, # 7 Summons Summons, U.S. Dep't of Labor, # 8 Summons Summons, U.S. Attorney General, # 9 Summons Summons, U.S. Attorney for the District of Columbia)(Mersino, Erin) (Entered: 09/04/2013)

Sept. 4, 2013 PACER
2

LCvR 7.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by Bruce Barron, Paul Barron, Barron Industries, Inc. (Mersino, Erin) (Entered: 09/04/2013)

Sept. 4, 2013 PACER

Case Assigned to Judge Ketanji Brown Jackson. (sth, )

Sept. 4, 2013 PACER
3

ELECTRONIC SUMMONS (8) Issued as to JACK LEW, THOMAS PEREZ, KATHLEEN SEBELIUS, UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES, UNITED STATES DEPARTMENT OF LABOR, UNITED STATES DEPARTMENT OF THE 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 Summons)(sth, ) (Entered: 09/04/2013)

Sept. 4, 2013 PACER
4

NOTICE of Appearance by Jacek Pruski on behalf of All Defendants (Pruski, Jacek) (Entered: 09/23/2013)

Sept. 23, 2013 PACER
5

Unopposed MOTION for Preliminary Injunction and MOTION to Stay by BRUCE BARRON, PAUL BARRON, BARRON INDUSTRIES, INC. (Attachments: # 1 Text of Proposed Order Proposed Order)(Mersino, Erin). Added MOTION to Stay on 9/25/2013 (jf, ). (Entered: 09/23/2013)

Sept. 23, 2013 PACER
6

ORDER granting 5 Plaintiffs' Unopposed Motion for Preliminary Injunction and Stay of Proceedings. See attached order for details. Signed by Judge Ketanji Brown Jackson on 09/25/2013. (lckbj2) (Entered: 09/25/2013)

Sept. 25, 2013 PACER
7

STATUS REPORT (Joint) by JACK LEW, THOMAS E. PEREZ, KATHLEEN SEBELIUS, UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES, UNITED STATES DEPARTMENT OF LABOR, UNITED STATES DEPARTMENT OF THE TREASURY. (Pruski, Jacek) (Entered: 08/25/2014)

Aug. 25, 2014 PACER

MINUTE ORDER. In light of the representations made in the parties' 7 Status Report, it is hereby ORDERED that the stay in this matter is extended until 9/24/2014, at which time the parties shall file a joint status report, including a proposed schedule if litigation is going to be necessary. It is FURTHER ORDERED that the preliminary injunction that iscurrently in place in this matter is EXTENDED until 10/9/2014. Signed by Judge Ketanji Brown Jackson on 08/26/2014. (lckbj1, )

Aug. 26, 2014 PACER
8

STATUS REPORT (Joint) by BRUCE BARRON, PAUL BARRON, BARRON INDUSTRIES, INC.. (Mersino, Erin) (Entered: 09/24/2014)

Sept. 24, 2014 PACER

MINUTE ORDER. In light of the representations made in the parties' 8 Status Report, it is hereby ORDERED that the stay in this matter is extended until 10/24/2014, at which time the parties shall file a joint status report, including a proposed schedule if litigation is going to be necessary. It is FURTHER ORDERED that the preliminary injunction that is currently in place in this matter is EXTENDED until 11/7/2014. Signed by Judge Ketanji Brown Jackson on 09/25/14. (lckbj3)

Sept. 25, 2014 PACER

Set/Reset Deadlines: Joint Status Report due by 10/24/2014. (gdf)

Sept. 25, 2014 PACER
9

Joint MOTION for Judgment and Entry of Permanent Injunction by BRUCE BARRON, PAUL BARRON, BARRON INDUSTRIES, INC. (Attachments: # 1 Text of Proposed Order)(Mersino, Erin) (Entered: 10/24/2014)

1 Text of Proposed Order

View on PACER

Oct. 24, 2014 RECAP
10

INJUNCTION AND JUDGEMENT. It is hereby ORDERED that defendants are permanently enjoined from enforcing the June 30, 2014 Contraceptive Coverage Requirement and from assessing any penalties, fines, or assessments or taking other actions based on noncompliance with the June 30, 2014 Contraceptive Coverage Requirement. It is FURTHER ORDERED that judgment is entered in favor of Plaintiffs and against Defendants on Plaintiffs claim under the Religious Freedom Restoration Act, 42 U.S.C. §§ 2000b, and that all other claims against Defendants are DISMISSED. The parties shall file a joint status report by 12/19/2014 regarding progress toward an agreement on attorneys' fees and costs. See attached Injunction and Judgment for further details. The Clerk is directed to remove this case from the active docket of this Court. Signed by Judge Ketanji Brown Jackson on 10/27/2014. (lckbj1) (Entered: 10/27/2014)

Oct. 27, 2014 PACER
11

STATUS REPORT (Joint) by JACK LEW, THOMAS E. PEREZ, KATHLEEN SEBELIUS, UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES, UNITED STATES DEPARTMENT OF LABOR, UNITED STATES DEPARTMENT OF THE TREASURY. (Pruski, Jacek) (Entered: 12/17/2014)

Dec. 17, 2014 PACER

State / Territory: District of Columbia

Case Type(s):

Speech and Religious Freedom

Special Collection(s):

Contraception Insurance Mandate

Key Dates

Filing Date: Sept. 4, 2013

Closing Date: 2014

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Christian owners of a for-profit corporation, who feel that covering contraception conflicts with their religious beliefs.

Plaintiff Type(s):

Closely-held (for profit) corporation

Private Plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

U.S. Department of Health and Human Services (District of Columbia), Federal

U.S. Department of the Treasury (District of Columbia), Federal

U.S. Department of Labor (District of Columbia), Federal

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.

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

Constitutional Clause(s):

Establishment Clause

Free Exercise Clause

Freedom of speech/association

Availably Documents:

Trial Court Docket

Complaint (any)

Monetary Relief

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Attorneys fees

Preliminary injunction / Temp. restraining order

Source of Relief:

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