Case: Holland v. Sebelius

2:13-cv-15487 | U.S. District Court for the Southern District of West Virginia

Filed Date: June 24, 2013

Closed Date: 2015

Clearinghouse coding complete

Case Summary

On June 24, 2013, a for-profit company filed a lawsuit in the Southern District of West Virginia under 42 U.S.C. §1983, the Religious Freedom Restoration Act, and the Administrative Procedure Act against the U.S. Department of Health and Human Services. The plaintiff, represented by the public interest firm Liberty Institute, sought an exception to the Affordable Care Act (ACA) mandate requiring employers to provide health insurance coverage of contraception. Specifically, the plaintiff claim…

On June 24, 2013, a for-profit company filed a lawsuit in the Southern District of West Virginia under 42 U.S.C. §1983, the Religious Freedom Restoration Act, and the Administrative Procedure Act against the U.S. Department of Health and Human Services. The plaintiff, represented by the public interest firm Liberty Institute, sought 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 July 26, 2013 the plaintiff filed an amended complaint but did not make any substantive changes.

On August 23, 2013, the defendants filed a motion to dismiss to the case on the grounds that the plaintiff's free exercise of religion was not substantially burdened by the ACA mandate. On December 10, 2013, Judge Thomas E. Johnston of the U.S. District Court for the Southern District of West Virginia stayed the case pending a decision by the Supreme Court in Burwell v. Hobby Lobby Stores, Inc., 134 S. Ct. 2751 (2014), a substantially similar case.

On June 30, 2014, the Supreme Court issued its decision in Burwell v. Hobby Lobby Stores, Inc., 134 S. Ct. 2751 (2014). In a 5-4 opinion by Justice Alito, the Court held that the HHS regulations imposing the contraceptive mandate violate RFRA, when applied to closely-held for-profit corporations.

In light of this decision, on July 15, 2014, the parties jointly submitted a proposed Consent Order Granting Preliminary Injunction, preliminarily enjoining the defendants from enforcing the ACA's contraceptive requirement against the plaintiffs or assessing any penalties or fines for noncompliance.

On December 9, 2014, the parties jointly moved for an Entry of Injunction and Judgment in favor of the plaintiffs, which permanently enjoined the defendants from (1) enforcing the ACA's contraceptive coverage requirement, (2) assessing any penalties or fines for noncompliance, and (3) taking any other actions based on noncompliance with the requirement.

On May 29, 2015, Judge Johnston issued a judgment accepting the parties' submission. On October 28, 2015, the parties notified the court that they had reached an agreement on the plaintiffs' claim for attorneys' fees and costs, the terms of which are unknown. On October 30, 2015, the case was dismissed.

Summary Authors

Mallory Jones (10/16/2013)

Elizabeth Greiter (11/16/2017)

Related Cases

Hobby Lobby v. Sebelius, Western District of Oklahoma (2012)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4414167/parties/holland-v-united-states-department-of-health-and-human-services/


Judge(s)

Johnston, Thomas E. (West Virginia)

Attorneys(s) for Plaintiff

Calabrese, Brian E. (West Virginia)

Dys, Jeremiah G. (West Virginia)

George, Kent J. (West Virginia)

Mateer, Jeffrey C. (Texas)

Porth, William C. (West Virginia)

Prunty, Allen R. (West Virginia)

Sasser, Hiram S. III (Texas)

Attorneys(s) for Defendant

Bennett, Michelle Renee (District of Columbia)

Berwick, Benjamin Leon (District of Columbia)

Judge(s)

Johnston, Thomas E. (West Virginia)

Attorneys(s) for Plaintiff

Calabrese, Brian E. (West Virginia)

Dys, Jeremiah G. (West Virginia)

George, Kent J. (West Virginia)

Mateer, Jeffrey C. (Texas)

Porth, William C. (West Virginia)

Prunty, Allen R. (West Virginia)

Sasser, Hiram S. III (Texas)

Attorneys(s) for Defendant

Bennett, Michelle Renee (District of Columbia)

Berwick, Benjamin Leon (District of Columbia)

Branda, Joyce R. (District of Columbia)

Delery, Stuart F. (District of Columbia)

Gershengorn, Ian Heath (District of Columbia)

Goodwin II, R. Booth (District of Columbia)

Horn, Steven M. (New Jersey)

Lieber, Sheila M. (District of Columbia)

Ricketts, Jennifer (District of Columbia)

Other Attorney(s)

Lee, Jennifer (New York)

Mach, Daniel (District of Columbia)

Rogers, Sarah (West Virginia)

Documents in the Clearinghouse

Document

2:13-cv-15487

Docket [PACER]

Holland v. Dept. of Health and Human Services

U.S. District Court for the Northern District of West Virginia

Oct. 30, 2015

Oct. 30, 2015

Docket
1

2:13-cv-15487

Complaint

June 24, 2013

June 24, 2013

Complaint
28

2:13-cv-15487

Amended Complaint

Holland v. U.S. Dep't of Health and Human Services

July 26, 2013

July 26, 2013

Complaint
31

2:13-cv-15487

Defendant's Motion to Dismiss

Holland v. U.S. Dep't of Health and Human Services

Aug. 23, 2013

Aug. 23, 2013

Pleading / Motion / Brief
32

2:13-cv-15487

Memo to Support Motion to Dismiss

Holland v. Dep't of Health and Human Services

Aug. 23, 2013

Aug. 23, 2013

Pleading / Motion / Brief
44

2:13-cv-15487

Order Staying the Case

Holland v. U.S. Dept. of Health and Human Services

Dec. 10, 2013

Dec. 10, 2013

Order/Opinion
51

2:13-cv-15487

Joint Motion For Entry of Injunction and Judgment

Holland v. U.S. Department of Health and Human Services

U.S. District Court for the Northern District of West Virginia

Dec. 9, 2014

Dec. 9, 2014

Pleading / Motion / Brief
52

2:13-cv-15487

Injunction and Judgment Order

Holland v. U.S. Department of Health and Human Services

U.S. District Court for the Northern District of West Virginia

May 29, 2015

May 29, 2015

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4414167/holland-v-united-states-department-of-health-and-human-services/

Last updated May 31, 2022, 3:13 a.m.

ECF Number Description Date Link Date / Link
1

VERIFIED COMPLAINT. Filing Fee $400.00. Receipt # 0425-2494946. (Attachment: # 1 Civil Cover Sheet) (jap) (Entered: 06/25/2013)

1 Civil Cover Sheet

View on PACER

June 24, 2013

June 24, 2013

RECAP
2

MOTION by Joseph B. Holland, Jr, and Joe Holland Chevrolet, Inc. for Temporary Restraining Order and Preliminary Injunction. (Attachment: # 1 Affidavit of Joseph B. Holland, Jr.) (jap) (Entered: 06/25/2013)

June 24, 2013

June 24, 2013

PACER
3

MEMORANDUM by Joseph B. Holland, Jr., Joe Holland Chevrolet, Inc. in support of 2 MOTION for Temporary Restraining Order and Preliminary Injunction. (jap) (Entered: 06/25/2013)

June 24, 2013

June 24, 2013

PACER

CASE assigned to Judge Thomas E. Johnston. (ras)

June 24, 2013

June 24, 2013

PACER
4

STANDING ORDER IN RE: ASSIGNMENT AND REFERRAL OF CIVIL ACTIONS AND MATTERS TO MAGISTRATE JUDGES ENTERED APRIL 8, 2013. Discovery referred to Magistrate Judge Tinsley. (cc:attys; any unrepresented party) (jap)

June 25, 2013

June 25, 2013

PACER
5

ORDER Telephone Conference concerning 2 motion for a temporary restraining order set for 6/26/2013 at 10:00 AM in Charleston before Judge Thomas E. Johnston. Signed by Judge Thomas E. Johnston on 6/25/2013. (cc: attys; any unrepresented party) (tmr)

June 25, 2013

June 25, 2013

PACER
6

EMAIL NOTIFICATION to Hiram S. Sasser, III and Jeffrey C. Mateer with Notice from Teresa L. Deppner, Clerk, Re: Electronic filing requirements. (Attachments: # 1 Clerk's Notice) (jkk) (Entered: 06/26/2013)

June 25, 2013

June 25, 2013

PACER
7

EMAIL NOTIFICATION to Brian E. Calabrese with Notice from Teresa L. Deppner, Clerk, Re: Electronic filing requirements. (Attachments: # 1 Clerk's Notice) (jkk)

June 26, 2013

June 26, 2013

PACER
8

TELEPHONE STATUS CONFERENCE held by Judge Thomas E. Johnston on 6/26/2013; (slw)

June 26, 2013

June 26, 2013

RECAP
9

MOTION by 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 to File Overlength Brief in Opposition to Plaintiffs' Motion for Temporary Restraining Order and Preliminary Injunction (Bennett, Michelle)

June 28, 2013

June 28, 2013

PACER
10

CORPORATE DISCLOSURE STATEMENT by Joe Holland Chevrolet, Inc. (Prunty, Allen)

June 28, 2013

June 28, 2013

RECAP
11

SUMMONS SUBMITTED by Joseph B. Holland, Jr, Joe Holland Chevrolet, Inc. for 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, re: 1 Complaint (Prunty, Allen)

June 28, 2013

June 28, 2013

PACER
12

ELECTRONIC SUMMONS ISSUED as to United States Department of Health and Human Services, Kathleen Sebelius, United States Department of Labor, Seth D. Harris, United States Department of the Treasury, Jacob J. Lew, re: 1 Verified Complaint. Summons returnable 60 days. Instructions to Counsel: This is your electronic summons. Please print as many copies of the Summons and Complaint as are necessary to effectuate service under Fed. R. Civ. P. 4. See Proof of Service page of this Summons form for filing a return of service if required by Fed. R. Civ. P. 4(l). (Attachments: # 1 Summons - Kathleen Sebelius, # 2 Summons - U.S. Department of Labor, # 3 Summons - Seth Harris, # 4 Summons - U.S. Department of the Treasury, # 5 Summons - Jacob J. Lew) (skh)

July 1, 2013

July 1, 2013

PACER
13

ORDER upon hearing held 06/26/2013; directing that the Defendants' shall respond to any motion no later than 7/9/2013, and any reply will be due no later than 7/19/2013; the Court will hold a preliminary injunction hearing on 7/23/2013 at 1:30 p.m. Signed by Judge Thomas E. Johnston on 7/1/2013. (cc: attys; any unrepresented party) (tmh)

July 1, 2013

July 1, 2013

PACER
14

STATEMENT OF VISITING ATTORNEY from Jeffrey C. Mateer on behalf of Joseph B. Holland, Jr, Joe Holland Chevrolet, Inc. Local counsel: Allen R. Prunty. Fee $50.00. Receipt # 0425-2511968. (Prunty, Allen)

July 1, 2013

July 1, 2013

PACER
15

STATEMENT OF VISITING ATTORNEY from Hiram S. Sasser, III on behalf of Joseph B. Holland, Jr, Joe Holland Chevrolet, Inc. Local counsel: Allen R. Prunty. Fee $50.00. Receipt # 0425-2512018. (Prunty, Allen)

July 1, 2013

July 1, 2013

PACER
16

ORDER granting defendants' 9 MOTION for Leave to File Excess Pages; plaintiffs will be permitted to file any reply brief that is twenty-five pages or fewer without further motion. Signed by Judge Thomas E. Johnston on 7/3/2013. (cc: attys; any unrepresented party) (tmr)

July 3, 2013

July 3, 2013

PACER
17

ORDER Telephonic Status Conference set for 7/5/2013 01:30 PM in Charleston before Judge Thomas E. Johnston. Signed by Judge Thomas E. Johnston on 7/5/2013. (cc: attys; any unrepresented party) (tmr)

July 5, 2013

July 5, 2013

PACER
18

TELEPHONE CONFERENCE held by Judge Thomas E. Johnston on 7/5/2013. (slw) (Entered: 07/09/2013)

July 5, 2013

July 5, 2013

PACER
19

MEMORANDUM by 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 in opposition to 2 MOTION by Joseph B. Holland, Jr, Joe Holland Chevrolet, Inc. for Temporary Restraining Order and Preliminary Injunction (Bennett, Michelle)

July 9, 2013

July 9, 2013

RECAP
20

STATEMENT OF VISITING ATTORNEY from Daniel Mach on behalf of The American Civil Liberties Union, The American Civil Liberties Union of West Virginia Foundation. Local counsel: Sarah Rogers. Fee $50.00. Receipt # 0425-2533792. (Rogers, Sarah) (Modified on 7/10/2013 to remove and replace image to correct state bar number) (skh).

July 10, 2013

July 10, 2013

PACER
21

STATEMENT OF VISITING ATTORNEY from Jennifer Lee on behalf of The American Civil Liberties Union, The American Civil Liberties Union of West Virginia Foundation. Local counsel: Sarah Rogers. Fee $50.00. Receipt # 0425-2533942. (Rogers, Sarah)

July 10, 2013

July 10, 2013

PACER
22

BRIEF OF AMICI CURIAE by The American Civil Liberties Union, The American Civil Liberties Union of West Virginia Foundation in Opposition to 2 MOTION by Joseph B. Holland, Jr, and Joe Holland Chevrolet, Inc. for Temporary Restraining Order and Preliminary Injunction (Rogers, Sarah) (Modified on 7/10/2013 to add link to #2 motion) (skh).

July 10, 2013

July 10, 2013

RECAP

NOTICE OF DOCKET CORRECTION re: 20 Statement of Visiting Attorney from Daniel Mach. ERROR: Image contained the incorrect state bar number of local counsel. CORRECTION: Image corrected and replaced. (skh)

July 10, 2013

July 10, 2013

PACER
23

MOTION by The American Civil Liberties Union, The American Civil Liberties Union of West Virginia Foundation for Leave to File Amicus Curiae Brief (Rogers, Sarah)

July 11, 2013

July 11, 2013

PACER
24

MEMORANDUM by The American Civil Liberties Union, The American Civil Liberties Union of West Virginia Foundation in support of 23 MOTION by The American Civil Liberties Union, The American Civil Liberties Union of West Virginia Foundation for Leave to File Amicus Curiae Brief (Rogers, Sarah)

July 11, 2013

July 11, 2013

PACER
25

NOTICE of Supplemental Authority by 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 Mersino Mgmt. Opinion, # 2 Liberty Opinion)(Bennett, Michelle)

July 12, 2013

July 12, 2013

PACER
26

MOTION by Joseph B. Holland, Jr, Joe Holland Chevrolet, Inc. to Withdraw 2 MOTION by Joseph B. Holland, Jr, Joe Holland Chevrolet, Inc. for Temporary Restraining Order and Preliminary Injunction (Prunty, Allen)

July 22, 2013

July 22, 2013

RECAP
27

ORDER granting the plaintiff's 26 MOTION to withdraw; withdrawing the 2 MOTION for temporary restraining order and preliminary injunction; and cancelling the preliminary injunction hearing scheduled for 7/23/2013. Signed by Judge Thomas E. Johnston on 7/22/2013. (cc: attys; any unrepresented party) (taq)

July 22, 2013

July 22, 2013

RECAP
28

AMENDED COMPLAINT by Joseph B. Holland, Jr. and Joe Holland Chevrolet, Inc. against United States Department of Health and Human Services, Kathleen Sebelius, United States Department of Labor, Seth D. Harris, United States Department of the Treasury, Jacob Lew. (skh)

July 26, 2013

July 26, 2013

RECAP
29

SUMMONS RETURNED EXECUTED for Seth D. Harris, Jacob Lew, Kathleen Sebelius, United States Department of Health and Human Services, United States Department of Labor, United States Department of the Treasury, re: 1 Verified Complaint. Defendants served on 7/8/2013, answer due 9/6/2013. Person Served: Booth Goodwin/United States Attorney. Return Receipt Cards signed by agents on behalf of each defendant and on behalf of the U.S. Attorney General on 7/10/2013 and 7/16/2013. (Prunty, Allen)

July 29, 2013

July 29, 2013

PACER
30

EMAIL NOTIFICATION to Daniel Mach and Jennifer Lee with Notice from Teresa L. Deppner, Clerk, Re: Electronic filing requirements. (Attachments: # 1 Clerk's Notice) (jkk)

Aug. 12, 2013

Aug. 12, 2013

PACER
31

MOTION by Seth D. Harris, Jacob Lew, Kathleen Sebelius, United States Department of Health and Human Services, United States Department of Labor, United States Department of the Treasury to Dismiss 28 Amended Complaint (Bennett, Michelle) (Modified on 8/23/2013 to add link to #28 amended complaint and to remove memorandum in support (attachment #1) and file it as entry #32) (skh).

Aug. 23, 2013

Aug. 23, 2013

PACER
32

MEMORANDUM by Seth D. Harris, Jacob Lew, Kathleen Sebelius, United States Department of Health and Human Services, United States Department of Labor, United States Department of the Treasury in support of 31 MOTION by Seth D. Harris, Jacob Lew, Kathleen Sebelius, United States Department of Health and Human Services, United States Department of Labor, United States Department of the Treasury to Dismiss 28 Amended Complaint. (skh)

Aug. 23, 2013

Aug. 23, 2013

PACER

NOTICE OF DOCKET CORRECTION re: 31 Motion by Defendants to Dismiss 28 Amended Complaint. ERROR: Memorandum in support attached. CORRECTION: Memorandum removed and filed using the event Memorandum In Support, entry #32. (skh)

Aug. 23, 2013

Aug. 23, 2013

PACER
33

MOTION by Joseph B. Holland, Jr, Joe Holland Chevrolet, Inc. for Extension of Time to File Response to 31 MOTION by Seth D. Harris, Jacob Lew, Kathleen Sebelius, United States Department of Health and Human Services, United States Department of Labor, United States Department of the Treasury to Dismiss 28 Amended Complaint to Sept. 13, 2013 (Prunty, Allen) (Modified on 8/26/2013 to remove link to #32 memorandum) (skh).

Aug. 26, 2013

Aug. 26, 2013

PACER
34

RESPONSE by Joseph B. Holland, Jr, Joe Holland Chevrolet, Inc. in opposition to 31 MOTION by Seth D. Harris, Jacob Lew, Kathleen Sebelius, United States Department of Health and Human Services, United States Department of Labor, United States Department of the Treasury to Dismiss 28 Amended Complaint (Prunty, Allen) (Modified on 9/9/2013 to remove link to #32 memorandum) (skh).

Sept. 8, 2013

Sept. 8, 2013

PACER
35

REPLY by Seth D. Harris, Jacob Lew, Kathleen Sebelius, United States Department of Health and Human Services, United States Department of Labor, United States Department of the Treasury to 34 Response In Opposition. (Bennett, Michelle) (Modified on 9/16/2013 to remove terminated filer) (skh).

Sept. 16, 2013

Sept. 16, 2013

PACER
36

NOTICE of Supplemental Authority by Seth D. Harris, Jacob Lew, Kathleen Sebelius, United States Department of Health and Human Services, United States Department of Labor, United States Department of the Treasury re: 31 MOTION by Seth D. Harris, Jacob Lew, Kathleen Sebelius, United States Department of Health and Human Services, United States Department of Labor, United States Department of the Treasury to Dismiss 28 Amended Complaint (Attachment: # 1 Exhibit - Autocam Decision)(Bennett, Michelle)

Sept. 18, 2013

Sept. 18, 2013

PACER
37

ORDER granting the American Civil Liberties Union and the American Civil Liberties Union of West Virginia's 23 MOTION to file an amicus brief; and granting plaintiffs' 33 MOTION for an extension of time to file a response to defendant's 31 motion to dismiss. Signed by Judge Thomas E. Johnston on 10/2/2013. (cc: attys; any unrepresented party) (taq)

Oct. 2, 2013

Oct. 2, 2013

PACER
38

NOTICE of Supplemental Authority by Joseph B. Holland, Jr, Joe Holland Chevrolet, Inc. re: 34 Response In Opposition (Attachment: # 1 Exhibit 1)(Prunty, Allen)

Oct. 11, 2013

Oct. 11, 2013

PACER
39

NOTICE of Supplemental Authority by Joseph B. Holland, Jr, Joe Holland Chevrolet, Inc. re: 31 MOTION by Seth D. Harris, Jacob Lew, Kathleen Sebelius, United States Department of Health and Human Services, United States Department of Labor, United States Department of the Treasury to Dismiss 28 Amended Complaint (Attachment: # 1 Exhibit 1)(Prunty, Allen)

Nov. 6, 2013

Nov. 6, 2013

PACER
40

NOTICE of Supplemental Authority by Joseph B. Holland, Jr, Joe Holland Chevrolet, Inc. re: 31 MOTION by Seth D. Harris, Jacob Lew, Kathleen Sebelius, United States Department of Health and Human Services, United States Department of Labor, United States Department of the Treasury to Dismiss 28 Amended Complaint (Attachment: # 1 Exhibit 1)(Prunty, Allen)

Nov. 14, 2013

Nov. 14, 2013

PACER
41

NOTICE of Supplemental Authority by Seth D. Harris, Jacob Lew, Kathleen Sebelius, United States Department of Health and Human Services, United States Department of Labor, United States Department of the Treasury (Bennett, Michelle)

Nov. 26, 2013

Nov. 26, 2013

PACER
42

ORDER the court will hold a telephonic Status Conference on 12/10/2013 at 02:00 PM. Signed by Judge Thomas E. Johnston on 12/3/2013. (cc: attys; any unrepresented party) (tmh)

Dec. 3, 2013

Dec. 3, 2013

PACER
43

NOTICE OF ATTORNEY APPEARANCE by Benjamin L. Berwick on behalf of Seth D. Harris, Jacob Lew, Kathleen Sebelius, United States Department of Health and Human Services, United States Department of Labor, United States Department of the Treasury. (Berwick, Benjamin)

Dec. 4, 2013

Dec. 4, 2013

PACER
44

ORDER the Court STAYS this case pending the Supreme Court's decision in Sebelius v. Hobby Lobby Stores, Inc., No. 13354, 2013 WL 5297798 (U.S. Nov. 26, 2013); and REMOVES this case from the Court's active docket. Signed by Judge Thomas E. Johnston on 12/10/2013. (cc: attys; any unrepresented party) (taq)

Dec. 10, 2013

Dec. 10, 2013

PACER
45

TELEPHONE CONFERENCE held by Judge Thomas E. Johnston on 12/10/2013. (slw) (Entered: 12/13/2013)

Dec. 10, 2013

Dec. 10, 2013

PACER
46

NOTICE of Supplemental Authority by Joseph B. Holland, Jr, Joe Holland Chevrolet, Inc. (Attachment: # 1 Exhibit 1)(Prunty, Allen)

June 30, 2014

June 30, 2014

PACER
47

ORDER the Court will hold a telephonic status conference on 7/7/2014 at 9:30 AM in Charleston before Judge Thomas E. Johnston. Signed by Judge Thomas E. Johnston on 7/2/2014. (cc: attys; any unrepresented party) (taq)

July 2, 2014

July 2, 2014

PACER
48

TELEPHONE CONFERENCE held by Judge Thomas E. Johnston on 7/7/2014. (slw)

July 7, 2014

July 7, 2014

PACER
49

PROPOSED ORDER Consent Order Granting Preliminary Injunction by Joseph B. Holland, Jr, Joe Holland Chevrolet, Inc., Seth D. Harris, Jacob Lew, Kathleen Sebelius, United States Department of Health and Human Services, United States Department of Labor, United States Department of the Treasury (Prunty, Allen) (Modified on 7/15/2014 to add party filers) (skh).

July 15, 2014

July 15, 2014

RECAP
50

CONSENT ORDER GRANTING PRELIMINARY INJUNCTION directing that defendants, their employees, agents, and successors in office are preliminarily ENJOINED until further order of the Court and as directed and set forth more fully herein; no bond is required. Signed by Judge Thomas E. Johnston on 7/23/2014. (cc: attys; any unrepresented party) (taq)

July 23, 2014

July 23, 2014

RECAP
51

JOINT MOTION by Seth D. Harris, Jacob Lew, Kathleen Sebelius, United States Department of Health and Human Services, United States Department of Labor, United States Department of the Treasury, Joseph B. Holland, Jr, Joe Holland Chevrolet, Inc. for Entry of Injunction and Judgment (Attachment: # 1 Proposed Order)(Bennett, Michelle) (Modified on 12/9/2014 to add party filers) (skh).

Dec. 9, 2014

Dec. 9, 2014

PACER
52

INJUNCTION AND JUDGMENT ORDER; directing that judgment is entered in favor of plaintiffs and against defendants on plaintiffs claim under the Religious Freedom Restoration Act, 42 U.S.C. §§ 2000bb; directing that all other claims against Defendants are DISMISSED; and it is further ORDERED that any petition by plaintiffs for attorneys fees or costs shall be submitted on or before 60 days; directing that this Injunction and Judgment does not apply with respect to any changes in statute or regulation that are enacted or promulgated after this date, and nothing herein prevents plaintiffs from filing a new civil action to challenge any such future changes. Signed by Judge Thomas E. Johnston on 5/28/2015. (cc: attys; any unrepresented party) (tmr)

May 29, 2015

May 29, 2015

PACER
53

JOINT MOTION by Joseph B. Holland, Jr, Joe Holland Chevrolet, Inc., Seth D. Harris, Jacob Lew, Kathleen Sebelius, United States Department of Health and Human Services, United States Department of Labor, United States Department of the Treasury for Extension of Time to File Plaintiffs' Petition for Attorney's Fees & Costs to 09/28/2015 (Prunty, Allen)

July 22, 2015

July 22, 2015

PACER
54

ORDER granting the parties' 53 JOINT MOTION for Extension of Time to File Plaintiffs' Petition for Attorney's Fees and Costs to 09/28/2015; directing that the deadline for Plaintiffs to file a petition for attorneys fees and costs is extended to 9/28/2015. Signed by Judge Thomas E. Johnston on 7/28/2015. (cc: counsel of record; any unrepresented party) (tmh)

July 28, 2015

July 28, 2015

PACER
55

JOINT MOTION by Joseph B. Holland, Jr, Joe Holland Chevrolet, Inc., Seth D. Harris, Jacob Lew, Kathleen Sebelius, United States Department of Health and Human Services, United States Department of Labor, United States Department of the Treasury for Extension of Time to File Plaintiffs' Petition for Attorney's Fees & Costs to 10/12/2015 (Prunty, Allen) (Modified on 9/28/2015 to add party filers) (skh).

Sept. 28, 2015

Sept. 28, 2015

PACER
56

ORDER granting the parties' 55 JOINT MOTION for Extension of Time within which plaintiffs may submit to the Court a petition for attorney's fees and costs; plaintiffs may file their petition for attorney's fees and costs by 10/12/2015. Signed by Judge Thomas E. Johnston on 10/7/2015. (cc: counsel of record; any unrepresented party) (taq)

Oct. 7, 2015

Oct. 7, 2015

PACER
57

JOINT NOTICE OF SETTLEMENT by Joseph B. Holland, Jr, Joe Holland Chevrolet, Inc., Seth D. Harris, Jacob Lew, Kathleen Sebelius, United States Department of Health and Human Services, United States Department of Labor, United States Department of the Treasury (Prunty, Allen) (Modified on 10/29/2015 to add party filers) (skh).

Oct. 28, 2015

Oct. 28, 2015

RECAP
58

DISMISSAL ORDER pursuant to the parties' 57 Joint Notice of Settlement; all issues in controversy between the parties have been fully resolved; the Court LIFTS the stay in this case; DISMISSES this action WITH PREJUDICE, subject to reopening on motion of any party for good cause shown within 90 days; and directing this case removed from the Court's docket. The parties need not submit any additional proposed dismissal or other final order unless it is required by law or is necessary under the terms of any agreement resolving this civil action. Signed by Judge Thomas E. Johnston on 10/30/2015. (cc: counsel of record; any unrepresented party) (taq)

Oct. 30, 2015

Oct. 30, 2015

PACER

Case Details

State / Territory: West Virginia

Case Type(s):

Speech and Religious Freedom

Special Collection(s):

Contraception Insurance Mandate

Key Dates

Filing Date: June 24, 2013

Closing Date: 2015

Case Ongoing: No

Plaintiffs

Plaintiff Description:

A for-profit corporation that believed that the ACA's contraception coverage mandate violated the owner's religious beliefs.

Plaintiff Type(s):

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

Case Details

Causes of Action:

42 U.S.C. § 1983

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):

Freedom of speech/association

Availably Documents:

Trial Court Docket

Complaint (any)

Monetary Relief

Injunctive (or Injunctive-like) Relief

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Preliminary injunction / Temp. restraining order

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Voluntary Dismissal

Order Duration: 2013 - None

Content of Injunction:

Preliminary relief granted

Issues

General:

Contraception

Religious programs / policies

Discrimination-basis:

Religion discrimination