Case: Bindon v. Sebelius

1:13-cv-01207 | U.S. District Court for the District of Columbia

Filed Date: Aug. 5, 2013

Case Ongoing

Clearinghouse coding complete

Case Summary

On August 5, 2013, a for-profit company filed this lawsuit in the U.S. District Court for the District of D.C. under the Religious Freedom Restoration Act, the First and Fifth Amendments to the U.S. Constitution, and the Administrative Procedure Act (5 U.S.C. §§ 551 et seq.). The named plaintiffs were the company and its shareholders and the defendants were the U.S. Department of Health and Human Services, the U.S. Treasury, and the U.S. Department of Labor. Represented by the Alliance Defendin…

On August 5, 2013, a for-profit company filed this lawsuit in the U.S. District Court for the District of D.C. under the Religious Freedom Restoration Act, the First and Fifth Amendments to the U.S. Constitution, and the Administrative Procedure Act (5 U.S.C. §§ 551 et seq.). The named plaintiffs were the company and its shareholders and the defendants were the U.S. Department of Health and Human Services, the U.S. Treasury, and the U.S. Department of Labor. Represented by the Alliance Defending Freedom and Americans United for Life, the plaintiff asked the court for declaratory and injunctive relief in the form of 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 religious beliefs of the corporation's owners.

On August 14, 2013, Judge Emmet G. Sullivan granted the plaintiff's unopposed motion for a preliminary injunction and stayed the case at the defendant's request. The court ordered the defendant not to enforce the ACA insurance mandate regarding contraception against the plaintiff until 30 days after the United States Court of Appeals for the D.C. Circuit ruled in Gilardi v. U.S. Department of Health and Human Services , which involved similar legal issues and the same defendant as this case. Gilardi was held while the Supreme Court decided Burwell v. Hobby Lobby. On June 30, 2014, the Court in Hobby Lobby held that the HHS regulations imposing the contraceptive mandate violated RFRA when applied to closely-held for-profit corporations.

Following this ruling, the district court reviewed recommendations for further proceedings that the parties submitted. On October 8, 2014, the court noted that while the parties agreed that the plaintiff was entitled to a permanent injunction following Hobby Lobby, they disagreed over the scope of that injunction. The court instructed the parties to file supplemental memorandum detailing the injunction language they supported or objected to. The parties filed the memoranda on October 29, 2014, but as of May 13, 2020 the court has not recorded an order, and no other substantive litigation has occurred. Nevertheless, attorney appearances continue to be entered on the docket, and the case is ongoing.

Summary Authors

Mallory Jones (10/9/2013)

Richard Jolly (4/5/2014)

Kate Craddock (7/31/2016)

Dawn Lui (12/3/2018)

Hope Brinn (5/13/2020)

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 attrorneys, see: https://www.courtlistener.com/docket/8505265/parties/bindon-v-sebelius/


Judge(s)

Sullivan, Emmet G. (District of Columbia)

Attorneys(s) for Plaintiff

Aden, Steven H. (Virginia)

Baylor, Gregory S. (District of Columbia)

Bowman, Matthew S. (District of Columbia)

Cortman, David A. (Georgia)

Harle, Denise (Georgia)

Holcomb, Christiana (District of Columbia)

Price, Christen M. (District of Columbia)

Schowengerdt, Dale (Arizona)

Tedesco, Jeremy D. (Arizona)

Judge(s)

Sullivan, Emmet G. (District of Columbia)

Attorneys(s) for Plaintiff

Aden, Steven H. (Virginia)

Baylor, Gregory S. (District of Columbia)

Bowman, Matthew S. (District of Columbia)

Cortman, David A. (Georgia)

Harle, Denise (Georgia)

Holcomb, Christiana (District of Columbia)

Price, Christen M. (District of Columbia)

Schowengerdt, Dale (Arizona)

Tedesco, Jeremy D. (Arizona)

Theriot, Kevin H. (Kansas)

Attorneys(s) for Defendant

Bennett, Michelle Renee (District of Columbia)

Berwick, Benjamin Leon (District of Columbia)

Documents in the Clearinghouse

Document

1:13-cv-01207

Docket [PACER]

Dec. 16, 2019

Dec. 16, 2019

Docket
1

1:13-cv-01207

Complaint

Trijicon, Inc. v. Sebelius

Aug. 5, 2013

Aug. 5, 2013

Complaint
6-1

1:13-cv-01207

[Proposed] Order Granting Motion for Preliminary Injunction

Trijicon, Inc. v. Sebelius

Aug. 7, 2013

Aug. 7, 2013

Pleading / Motion / Brief
19

1:13-cv-01207

Order

Aug. 14, 2013

Aug. 14, 2013

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/8505265/bindon-v-sebelius/

Last updated Aug. 11, 2022, 3:04 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT Verified against All Defendants with Jury Demand ( Filing fee $ 400 receipt number 0090-3424019) filed by TIMOTHY BINDON, MICHAEL BINDON, BETHANNE FALKOWSKI, TRIJICON, INC., MARK BINDON, STEPHEN BINDON, SHARON LYCOS. (Attachments: # 1 Civil Cover Sheet, # 2 Summons, # 3 Summons, # 4 Summons, # 5 Summons, # 6 Summons, # 7 Summons)(Bowman, Matthew) (Entered: 08/05/2013)

Aug. 5, 2013

Aug. 5, 2013

PACER
2

Corporate Disclosure Statement by MARK BINDON, MICHAEL BINDON, STEPHEN BINDON, TIMOTHY BINDON, BETHANNE FALKOWSKI, SHARON LYCOS, TRIJICON, INC.. (Bowman, Matthew) (Entered: 08/05/2013)

Aug. 5, 2013

Aug. 5, 2013

PACER

Case Assigned to Judge Emmet G. Sullivan. (md, )

Aug. 5, 2013

Aug. 5, 2013

PACER
3

ELECTRONIC SUMMONS ISSUED (6) as to JACOB J. 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. (Attachments: # 1 Summons 2nd, # 2 Summons 3rd, # 3 Summons 4th, # 4 Summons 5th, # 5 Summons 6th, # 6 Notice of Consent, # 7 Consent Form)(md, ) (Entered: 08/07/2013)

Aug. 7, 2013

Aug. 7, 2013

PACER
4

NOTICE Summons for Attorney General Eric Holder, Jr. by MARK BINDON, MICHAEL BINDON, STEPHEN BINDON, TIMOTHY BINDON, BETHANNE FALKOWSKI, SHARON LYCOS, TRIJICON, INC. (Bowman, Matthew) (Entered: 08/07/2013)

Aug. 7, 2013

Aug. 7, 2013

RECAP
5

NOTICE Summons of Ronald C. Machen, Jr. by MARK BINDON, MICHAEL BINDON, STEPHEN BINDON, TIMOTHY BINDON, BETHANNE FALKOWSKI, SHARON LYCOS, TRIJICON, INC. (Bowman, Matthew) (Entered: 08/07/2013)

Aug. 7, 2013

Aug. 7, 2013

RECAP
6

MOTION for Preliminary Injunction and Memorandum of Law In Support by MARK BINDON, MICHAEL BINDON, STEPHEN BINDON, TIMOTHY BINDON, BETHANNE FALKOWSKI, SHARON LYCOS, TRIJICON, INC. (Attachments: # 1 Text of Proposed Order)(Bowman, Matthew) (Entered: 08/07/2013)

Aug. 7, 2013

Aug. 7, 2013

PACER
7

ELECTRONIC SUMMONS Issued (2) as to U.S. Attorney and U.S. Attorney General (Attachments: # 1 Summons 2nd)(md, ) (Entered: 08/08/2013)

Aug. 8, 2013

Aug. 8, 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 August 8, 2013. (Bowman, Matthew) (Entered: 08/09/2013)

Aug. 9, 2013

Aug. 9, 2013

RECAP
9

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 8/8/2013. Answer due for ALL FEDERAL DEFENDANTS by 10/7/2013. (Bowman, Matthew) (Entered: 08/09/2013)

Aug. 9, 2013

Aug. 9, 2013

RECAP
10

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. KATHLEEN SEBELIUS served on 8/12/2013 (Attachments: # 1 Certificate of Service Exhibit to Affidavit of Service)(Bowman, Matthew) (Entered: 08/13/2013)

Aug. 13, 2013

Aug. 13, 2013

PACER
11

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES served on 8/12/2013 (Attachments: # 1 Certificate of Service Exhibit to Affidavit of Service)(Bowman, Matthew) (Entered: 08/13/2013)

Aug. 13, 2013

Aug. 13, 2013

PACER
12

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. JACOB J. LEW served on 8/12/2013 (Attachments: # 1 Certificate of Service Exhibit to Affidavit of Service)(Bowman, Matthew) (Entered: 08/13/2013)

Aug. 13, 2013

Aug. 13, 2013

PACER
13

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. UNITED STATES DEPARTMENT OF THE TREASURY served on 8/12/2013 (Attachments: # 1 Certificate of Service Exhibit to Affidavit of Service)(Bowman, Matthew) (Entered: 08/13/2013)

Aug. 13, 2013

Aug. 13, 2013

PACER
14

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. THOMAS E. PEREZ served on 8/12/2013 (Attachments: # 1 Certificate of Service Exhibit to Affidavit of Service)(Bowman, Matthew) (Entered: 08/13/2013)

Aug. 13, 2013

Aug. 13, 2013

PACER
15

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. UNITED STATES DEPARTMENT OF LABOR served on 8/12/2013 (Attachments: # 1 Certificate of Service Exhibit to Affidavit of Service)(Bowman, Matthew) (Entered: 08/13/2013)

Aug. 13, 2013

Aug. 13, 2013

PACER
16

NOTICE of Appearance by Benjamin Leon Berwick on behalf of All Defendants (Berwick, Benjamin) (Entered: 08/13/2013)

Aug. 13, 2013

Aug. 13, 2013

PACER
17

Unopposed MOTION to Stay Proceedings by JACOB J. 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 (Attachments: # 1 Text of Proposed Order)(Berwick, Benjamin). (Entered: 08/13/2013)

Aug. 13, 2013

Aug. 13, 2013

PACER

NOTICE OF ERROR re 17 Motion to Stay; emailed to benjamin.l.berwick@usdoj.gov, cc'd 3 associated attorneys -- The PDF file you docketed contained errors: 1. Two-part docket entry, 2. Please refile document, 3. under the Notice cateogry (jf, )

Aug. 13, 2013

Aug. 13, 2013

PACER
18

NOTICE of Non-Opposition by JACOB J. 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 re 6 MOTION for Preliminary Injunction and Memorandum of Law In Support (Attachments: # 1 Text of Proposed Order)(Berwick, Benjamin) (Entered: 08/13/2013)

Aug. 13, 2013

Aug. 13, 2013

PACER

MINUTE ORDER. Upon review of defendants' 17 unopposed motion to stay proceedings and 18 notice of non-opposition, the Court hereby GRANTS defendants' motion. These proceedings are hereby stayed pending the issuance of a mandate by the United States Court of Appeals for the District of Columbia in Gilardi v. Department of Health and Human Services, No. 13-5069. The parties are directed to file a joint recommendation for further proceedings within 30 days of the issuance of the mandate in that action. In the event that counsel are unable to agree on a joint recommendation, each party shall file an individual recommendation within that time. Signed by Judge Emmet G. Sullivan on August 13, 2013. (lcegs1)

Aug. 13, 2013

Aug. 13, 2013

PACER

MINUTE ORDER. The Court hereby vacates its August 13, 2013 minute order staying proceedings in this matter. The Court regrets any confusion this may have caused. Signed by Judge Emmet G. Sullivan on August 14, 2013. (lcegs1)

Aug. 14, 2013

Aug. 14, 2013

PACER
19

ORDER granting 6 motion for preliminary injunction and 17 motion to stay. Signed by Judge Emmet G. Sullivan on August 14, 2013. (lcegs1) (Entered: 08/14/2013)

Aug. 14, 2013

Aug. 14, 2013

RECAP

Case Stayed (mac)

Aug. 15, 2013

Aug. 15, 2013

PACER
20

NOTICE of recommendation for further proceedings as ordered by the court by MARK BINDON, MICHAEL BINDON, STEPHEN BINDON, TIMOTHY BINDON, BETHANNE FALKOWSKI, SHARON LYCOS, TRIJICON, INC. (Bowman, Matthew) (Entered: 08/28/2014)

Aug. 28, 2014

Aug. 28, 2014

PACER

MINUTE ORDER. The Court directs the government to file its recommendation for further proceedings by no later than September 8, 2014. Signed by Judge Emmet G. Sullivan on August 29, 2014. (lcegs4)

Aug. 29, 2014

Aug. 29, 2014

PACER

Set/Reset Deadlines: Recommendation due by 9/8/2014. (mac)

Aug. 29, 2014

Aug. 29, 2014

PACER
21

NOTICE of Recommendation for Further Proceedings by JACOB J. 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 (Berwick, Benjamin) (Entered: 09/08/2014)

Sept. 8, 2014

Sept. 8, 2014

PACER

MINUTE ORDER. Upon consideration of 20 and 21, it is hereby ORDERED that the government file a recommendation for further proceedings by no later than October 8, 2014. Signed by Judge Emmet G. Sullivan on September 8, 2014. (lcegs4)

Sept. 8, 2014

Sept. 8, 2014

PACER

Set/Reset Deadlines: Recommendation For Further Proceedings due by 10/8/2014. (mac)

Sept. 9, 2014

Sept. 9, 2014

PACER
22

NOTICE of Consent to Injunction and Judgment by JACOB J. 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 (Attachments: # 1 Text of Proposed Order)(Berwick, Benjamin) (Entered: 10/08/2014)

1 Text of Proposed Order

View on PACER

Oct. 8, 2014

Oct. 8, 2014

RECAP
23

RESPONSE re 22 Notice (Other), and updated Plaintiffs' recommendation, filed by MARK BINDON, MICHAEL BINDON, STEPHEN BINDON, TIMOTHY BINDON, BETHANNE FALKOWSKI, SHARON LYCOS, TRIJICON, INC.. (Bowman, Matthew) (Entered: 10/08/2014)

Oct. 8, 2014

Oct. 8, 2014

PACER

MINUTE ORDER. The Court has reviewed 22, 23 the recommendations submitted by each party. 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 any petition for attorneys fees or costs shall be submitted on or before 45 days from entry of final judgment. 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 29, 2014. Signed by Judge Emmet G. Sullivan on October 8, 2014. (lcegs4)

Oct. 8, 2014

Oct. 8, 2014

PACER

Set/Reset Deadlines: Parties Supplemental Memorandum due by 10/29/2014. (mac)

Oct. 8, 2014

Oct. 8, 2014

PACER
24

MEMORANDUM re 23 Response to Document filed by BETHANNE FALKOWSKI, STEPHEN BINDON, TIMOTHY BINDON, MICHAEL BINDON, SHARON LYCOS, MARK BINDON, TRIJICON, INC., 22 Notice (Other), filed by THOMAS E. PEREZ, JACOB J. LEW, UNITED STATES DEPARTMENT OF LABOR, KATHLEEN SEBELIUS, UNITED STATES DEPARTMENT OF THE TREASURY, UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES by JACOB J. 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. (Attachments: # 1 Exhibit Gilardi Order, # 2 Exhibit Johnson Welded Products Order, # 3 Exhibit Midwest Fastener Order, # 4 Exhibit Barron Industries Order, # 5 Exhibit Lindsay Motion)(Berwick, Benjamin) (Entered: 10/29/2014)

Oct. 29, 2014

Oct. 29, 2014

PACER
25

SUPPLEMENTAL MEMORANDUM to re Order,,,, filed by MARK BINDON, MICHAEL BINDON, STEPHEN BINDON, TIMOTHY BINDON, BETHANNE FALKOWSKI, SHARON LYCOS, TRIJICON, INC.. (Attachments: # 1 Exhibit Conestoga Order, # 2 Exhibit Seneca Order)(Bowman, Matthew) (Entered: 10/29/2014)

Oct. 29, 2014

Oct. 29, 2014

PACER
26

NOTICE OF SUPPLEMENTAL AUTHORITY by JACOB J. 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 (Attachments: # 1 Tyndale Order)(Bennett, Michelle) (Entered: 07/17/2015)

1 Tyndale Order

View on PACER

July 17, 2015

July 17, 2015

RECAP
27

NOTICE of Appearance by Michelle Renee Bennett on behalf of All Defendants (Bennett, Michelle) (Entered: 07/17/2015)

July 17, 2015

July 17, 2015

PACER
28

NOTICE of Appearance by Steven Henry Aden on behalf of All Plaintiffs (Aden, Steven) (Entered: 04/05/2017)

April 5, 2017

April 5, 2017

PACER
29

NOTICE OF WITHDRAWAL OF APPEARANCE as to MARK BINDON, MICHAEL BINDON, STEPHEN BINDON, TIMOTHY BINDON, BETHANNE FALKOWSKI, SHARON LYCOS, TRIJICON, INC.. Attorney Matthew S. Bowman terminated. (Bowman, Matthew) (Entered: 04/05/2017)

April 5, 2017

April 5, 2017

PACER
30

NOTICE of Appearance by Christen Price on behalf of All Plaintiffs (Price, Christen) (Entered: 01/12/2018)

Jan. 12, 2018

Jan. 12, 2018

PACER
31

MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Denise Harle, :Firm- Alliance Defending Freedom, :Address- 1000 Hurricane Shoals Rd., NE, D-1100, Lawrenceville, GA 30043. Phone No. - 770-339-0774. Fax No. - 770-339-6744 Filing fee $ 100, receipt number 0090-5830954. Fee Status: Fee Paid. by MARK BINDON, MICHAEL BINDON, STEPHEN BINDON, TIMOTHY BINDON, BETHANNE FALKOWSKI, SHARON LYCOS, TRIJICON, INC. (Attachments: # 1 Declaration)(Price, Christen) (Entered: 12/10/2018)

Dec. 10, 2018

Dec. 10, 2018

PACER

MINUTE ORDER granting 31 motion for leave to appear pro hac vice. Denise Mayo Harle is hereby admitted pro hac vice in this action. Signed by Judge Emmet G. Sullivan on 12/14/2018. (lcegs2)

Dec. 14, 2018

Dec. 14, 2018

PACER
32

Notice of Appearance

Dec. 16, 2019

Dec. 16, 2019

PACER

.Order

April 5, 2022

April 5, 2022

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: Aug. 5, 2013

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

A for-profit company seeking exemption from the ACA's contraception mandate.

Plaintiff Type(s):

Closely-held (for profit) corporation

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 Labor (District of Columbia), Federal

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

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)

Injunctive (or Injunctive-like) Relief

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Preliminary injunction / Temp. restraining order

Declaratory Judgment

Source of Relief:

Litigation

Order Duration: 2013 - None

Content of Injunction:

Preliminary relief granted

Issues

General:

Abortion

Contraception

Religious programs / policies

Discrimination-area:

Pay / Benefits

Discrimination-basis:

Religion discrimination

Type of Facility:

Non-government for profit