Case: Johnson Welded Products, Inc. v. Sebelius

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

Filed Date: April 30, 2013

Closed Date: 2015

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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 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.

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Summary Authors

Mallory Jones (11/7/2013)

Kate Craddock (7/31/2016)

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)

Attorney for Plaintiff

Muise, Robert J. (Michigan)

Attorney for Defendant

Berwick, Benjamin Leon (District of Columbia)

Expert/Monitor/Master/Other

Yerushalmi, David Eliezer (New York)

Judge(s)

Huvelle, Ellen Segal (District of Columbia)

Attorney for Plaintiff

Muise, Robert J. (Michigan)

Attorney for Defendant

Berwick, Benjamin Leon (District of Columbia)

Expert/Monitor/Master/Other

Yerushalmi, David Eliezer (New York)

Attorney Contact Information via CourtListener

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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

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Docket

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

Last updated Feb. 28, 2025, 12:44 p.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)	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