Case: Johnson Welded Products, Inc. v. Sebelius

1:13-cv-00609 | U.S. District Court for the District of Columbia

Filed Date: April 30, 2013

Closed Date: 2015

Clearinghouse coding complete

Case Summary

On April 30, 2013, a for-profit company filed this lawsuit in the United States District Court for the District of Columbia against the U.S. Department of Health and Human Services under the First Amendment, Religious Freedom Restoration Act and the Administrative Procedure Act . The plaintiff, represented by the American Freedom Law Center, asked the court for an exception to the Affordable Care Act (ACA) mandate requiring employers to provide health insurance coverage of contraception. Speci…

On April 30, 2013, a for-profit company filed this lawsuit in the United States District Court for the District of Columbia against the U.S. Department of Health and Human Services under the First Amendment, Religious Freedom Restoration Act and the Administrative Procedure Act . The plaintiff, represented by the American Freedom Law Center, 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 religious beliefs of the corporation's owner.

On May 24, 2013, the plaintiff filed an unopposed motion for a preliminary injunction. The same day, Judge Ellen S. Huvelle entered the preliminary injunction, which directed 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 held in Hobby Lobby that the HHS regulations imposing the contraceptive mandate violate RFRA, when applied to closely-held for-profit corporations.

On October 24, 2014, Judge Huvelle held that based on the Supreme Court's ruling in Hobby Lobby, the plaintiffs were entitled to a permanent injunction against enforcement of the version of the contraceptive mandate in place on June 30, 2014. Judge Huvelle did not extend the ruling to future versions of the mandate, and directed the parties to come to an agreement on attorney's fees and costs. On January 13, 2015, the district court cancelled the last status conference in this case.

Summary Authors

Mallory Jones (11/7/2013)

Kate Craddock (7/31/2016)

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/4211985/parties/johnson-welded-products-inc-v-sebelius/


Judge(s)

Huvelle, Ellen Segal (District of Columbia)

Attorneys(s) for Plaintiff

Muise, Robert J. (Michigan)

Attorneys(s) for Defendant

Berwick, Benjamin Leon (District of Columbia)

Expert/Monitor/Master

Yerushalmi, David Eliezer (New York)

Judge(s)

Huvelle, Ellen Segal (District of Columbia)

Attorneys(s) for Plaintiff

Muise, Robert J. (Michigan)

Attorneys(s) for Defendant

Berwick, Benjamin Leon (District of Columbia)

Expert/Monitor/Master

Yerushalmi, David Eliezer (New York)

Documents in the Clearinghouse

Document

1:13-cv-00609

Docket [PACER]

Jan. 13, 2015

Jan. 13, 2015

Docket
1

1:13-cv-00609

Complaint

April 30, 2013

April 30, 2013

Complaint
6

1:13-cv-00609

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

May 24, 2013

May 24, 2013

Pleading / Motion / Brief
6-1

1:13-cv-00609

Order Granting Plaintiff's Unopposed Motion for Preliminary Injunction

May 24, 2013

May 24, 2013

Order/Opinion
11

1:13-cv-00609

Order

Oct. 24, 2014

Oct. 24, 2014

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4211985/johnson-welded-products-inc-v-sebelius/

Last updated June 8, 2022, 3:21 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against All Defendants ( Filing fee $ 350 receipt number 0090-3301721) filed by LILLI JOHNSON, JOHNSON WELDED PRODUCTS, INC. (Attachments: # 1 Civil Cover Sheet, # 2 Summons for Sebelius, # 3 Summons for US Dep't of Health & Human Services, # 4 Summons for Geithner, # 5 Summons for US Dep't of Treasury, # 6 Summons for Solis, # 7 Summons for US Dep't of Labor, # 8 Summons for US Attorney General, # 9 Summons for US Attorney)(Muise, Robert) (Entered: 04/30/2013)

1 Civil Cover Sheet

View on PACER

2 Summons for Sebelius

View on PACER

3 Summons for US Dep't of Health & Human Services

View on PACER

4 Summons for Geithner

View on PACER

5 Summons for US Dep't of Treasury

View on PACER

6 Summons for Solis

View on PACER

7 Summons for US Dep't of Labor

View on PACER

8 Summons for US Attorney General

View on PACER

9 Summons for US Attorney

View on PACER

April 30, 2013

April 30, 2013

RECAP
2

Corporate Disclosure Statement by JOHNSON WELDED PRODUCTS, INC. (Muise, Robert) (Entered: 04/30/2013)

April 30, 2013

April 30, 2013

PACER

Case Assigned to Judge Ellen S. Huvelle. (ls, )

April 30, 2013

April 30, 2013

PACER
3

ELECTRONIC SUMMONS (8) Issued as to TIMOTHY F. GEITHNER, KATHLEEN SEBELIUS, HILDA L. SOLIS, US DEPARTMENT OF HEALTH AND HUMAN SERVICES, US DEPARTMENT OF LABOR, US 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: 04/30/2013)

April 30, 2013

April 30, 2013

PACER
4

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. TIMOTHY F. GEITHNER served on 5/9/2013; KATHLEEN SEBELIUS served on 5/7/2013; HILDA L. SOLIS served on 5/6/2013; US DEPARTMENT OF HEALTH AND HUMAN SERVICES served on 5/6/2013; US DEPARTMENT OF LABOR served on 5/8/2013; US DEPARTMENT OF TREASURY served on 5/9/2013, RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 5/7/2013., RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 5/7/2013. ( Answer due for ALL FEDERAL DEFENDANTS by 7/6/2013.) (Muise, Robert) (Entered: 05/14/2013)

May 14, 2013

May 14, 2013

PACER
5

NOTICE of Appearance by Benjamin Leon Berwick on behalf of All Defendants (Berwick, Benjamin) (Entered: 05/15/2013)

May 15, 2013

May 15, 2013

PACER
6

Unopposed MOTION for Preliminary Injunction by LILLI JOHNSON, JOHNSON WELDED PRODUCTS, INC (Attachments: # 1 Text of Proposed Order)(Muise, Robert) (Entered: 05/24/2013)

May 24, 2013

May 24, 2013

PACER

MINUTE ORDER granting 6 Unopposed Motion for Preliminary Injunction: Upon consideration of Plaintiffs' Unopposed Motion for Preliminary Injunction and Stay of Proceedings and for good cause shown, Plaintiffs' motion is hereby GRANTED. It is ORDERED that Defendants, their employees, agents, and successors in office are hereby enjoined until thirty (30) days after the mandate issues in Gilardi v. U.S. Dep't of Health & Human Servs., No. 13-5069 (D.C. Cir.), from enforcing against Plaintiffs, their employee health plans, the group health insurance coverage provided in connection with such plans, and/or their insurers the statute and regulations that require Plaintiffs to provide their employees insurance coverage for "[a]ll Food and Drug Administration approved contraceptive methods, sterilization procedures, and patient education and counseling for all women with reproductive capacity," 77 Fed. Reg. 8725 (Feb. 15, 2012), as well as any penalties, fines, assessments, or any other enforcement actions for noncompliance, including those found in 26 U.S.C. §§ 4980D, 4980H, and 29 U.S.C. §§ 1132, 1185d. It is further ORDERED that all proceedings in this case are stayed until thirty (30) days after the mandate issues from the court of appeals in Gilardi v. U.S. Dep't of Health & Human Servs., No. 13-5069 (D.C. Cir.). SO ORDERED. Signed by Judge Ellen S. Huvelle on May 24, 2013. (AG)

May 24, 2013

May 24, 2013

PACER

MINUTE ORDER: The Clerk's Office is directed to administratively close this matter pending further Order of the Court. Such administrative closure does not serve as a dismissal of either party's claims or defenses. It is without prejudice to, and will have no effect upon, either party's rights, claims, or defenses, except to the extent that defendant may not argue that as a result of this stay, plaintiff's claims are untimely or have not been exhausted. Signed by Judge Ellen S. Huvelle on July 9, 2013. (AG)

July 9, 2013

July 9, 2013

PACER
7

STATUS REPORT (Joint) by LILLI JOHNSON, JOHNSON WELDED PRODUCTS, INC. (Muise, Robert) (Entered: 10/08/2014)

Oct. 8, 2014

Oct. 8, 2014

PACER
8

NOTICE of Objection to the Court's Proposed Order by TIMOTHY F. GEITHNER, KATHLEEN SEBELIUS, HILDA L. SOLIS, US DEPARTMENT OF HEALTH AND HUMAN SERVICES, US DEPARTMENT OF LABOR, US DEPARTMENT OF TREASURY (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit)(Berwick, Benjamin) (Entered: 10/17/2014)

Oct. 17, 2014

Oct. 17, 2014

PACER
9

RESPONSE re 8 Notice (Other), Plaintiffs' Response to Defendants' Objection to the Court's Proposed Order filed by LILLI JOHNSON, JOHNSON WELDED PRODUCTS, INC. (Muise, Robert) (Entered: 10/20/2014)

Oct. 20, 2014

Oct. 20, 2014

PACER
10

MEMORANDUM OPINION. Signed by Judge Ellen S. Huvelle on October 24, 2014. (lcesh2) (Entered: 10/24/2014)

Oct. 24, 2014

Oct. 24, 2014

RECAP
11

ORDER AND JUDGMENT accompanying 10 Memorandum Opinion. Signed by Judge Ellen S. Huvelle on October 24, 2014. (lcesh2) (Entered: 10/24/2014)

Oct. 24, 2014

Oct. 24, 2014

RECAP

Set/Reset Hearings: Status Conference set for 1/15/2015 03:00 PM in Courtroom 23A before Judge Ellen S. Huvelle. (zmm, )

Oct. 27, 2014

Oct. 27, 2014

PACER

MINUTE ORDER: It is hereby ORDERED that the status conference presently set for January 15, 2015, is CANCELED. Signed by Judge Ellen S. Huvelle on January 13, 2015. (lcesh2)

Jan. 13, 2015

Jan. 13, 2015

PACER

Case Details

State / Territory: District of Columbia

Case Type(s):

Speech and Religious Freedom

Special Collection(s):

Contraception Insurance Mandate

Key Dates

Filing Date: April 30, 2013

Closing Date: 2015

Case Ongoing: No

Plaintiffs

Plaintiff Description:

A for-profit company seeking exemption from the Affordable Care Act contraception insurance 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

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

U.S. Department of Labor, Federal

U.S. 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.

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

Constitutional Clause(s):

Equal Protection

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