Case: MK Chambers Co. v. Sebelius

2:13-cv-11379 | U.S. District Court for the Eastern District of Michigan

Filed Date: March 28, 2013

Closed Date: 2015

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Case Summary

On March 28, 2013, MK Chambers, a for-profit company filed this lawsuit in the U. S. District Court for the Eastern District of Michigan under the First Amendment, Religious Freedom Restoration Act (RFRA), and the Administrative Procedure Act against the U.S. Department of Health and Human Services. The plaintiffs, represented by private counsel, asked the court for an exception to the Affordable Care Act (ACA) mandate requiring employers to provide health insurance coverage of contraception. S…

On April 4, 2013, Judge Denise Page Hood denied the plaintiff's emergency ex-parte motion for a temporary restraining order. The plaintiffs had sought this motion in order to continue providing insurance coverage to their employees without the medications they object to. Judge Hood's order stated that it was not clear plaintiffs would succeed under their RFRA claim, not likely they would succeed on their First Amendment claim, since the ACA has no purpose to target religions. Judge Hood also found that since the plaintiffs had filed their lawsuit over two months after the mandate went into effect, their claim of irreparable injury was not convincing.

On April 26, 2013, the plaintiff filed an emergency motion for a preliminary injunction. It argued injunction relief was warranted to prevent the ACA mandate from infringing on the plaintiff's religious beliefs. On May 22, 2013, the defendant filed a memorandum in opposition to injunctive relief and a motion to dismiss on the grounds that plaintiff will not suffer irreparable harm from the mandate.

On June 6, 2013, the defendant re-filed their memorandum in opposition to injunctive relief and filed a separate, amended motion to dismiss as required by the court's local rules. No substantive changes were made to either.

On September 13, 2013, the court denied the plaintiff's motion for preliminary injunction. The court found the plaintiff was unlikely to show the ACA mandate put a "substantial burden" on the corporation owner's religious beliefs.

On January 31, 2014 the parties filed a joint motion to stay the case until the Supreme Court ruled in Burwell v. Hobby Lobby, No. 13- 354; and Conestoga Woods Specialties Corp. v. Sebelius, No. 13-356. Judge Denise Page Hood granted the stay on February 21, 2014.

On August 21, 2014, following the Supreme Court's holding in Hobby Lobby that the HHS regulations imposing the contraceptive mandate violate RFRA when applied to closely-held for-profit corporations, the parties agreed to a stipulated preliminary injunction in this case. The preliminary injunction said the government could not sanction the plaintiffs for failing to provide contraceptive care to which the plaintiffs hold religious objections.

On November 21, 2014, the district court entered a stipulated order and judgment in this case. The judgment established a permanent injunction against government enforcement of the June 30, 2014 version of the contraceptive mandate at issue in Hobby Lobby, where for-profit corporations could not access a religious exemption to the contraception mandate. After the ruling in Hobby Lobby, the government designed an exemption similar to the one used for non-profit religious employers, allowing religious, closely-held for-profit employers to notify the government of their religious objection to contraception. The government would then work with the insurer directly to provide contraception coverage to the employees.

The court's November 21, 2014 order further awarded attorney fees and costs to the plaintiffs. On March 13, 2015, the plaintiffs withdrew their motion for a hearing on attorney fees and costs


2:13-cv-11379	Docket [Pacer] MK Chambers Company v. Department of Health and Human Services	March 13, 2015	March 13, 2015 Docket
1 2:13-cv-11379	Complaint MK Chambers Company v. Sebelius	March 28, 2013	March 28, 2013 Complaint
8 2:13-cv-11379	Order Denying Ex-Parte Emergency Motion for Temporary Restraining Order MK Chambers Company v. Department of Health and Human Services	April 3, 2013	April 3, 2013 Order/Opinion 2013 WL 1340719
20 2:13-cv-11379	Plaintiff's Emergency Motion for Preliminary Injunction M.K. Chambers Company v. Sebelius	April 26, 2013	April 26, 2013 Pleading / Motion / Brief
37 2:13-cv-11379	Defendant's Motion to Dismiss and Memorandum in Support M.K. Chambers Co. v. Sebelius	June 6, 2013	June 6, 2013 Pleading / Motion / Brief
46 2:13-cv-11379	Order Denying Motion for Preliminary Injunction MK Chambers Company v. Dept. of Health and Human Services	Sept. 13, 2013	Sept. 13, 2013 Order/Opinion 2013 WL 5182435
48 2:13-cv-11379	Stipulated Order Staying Case MK Chambers Company v. Department of Health and Human Services	Feb. 21, 2014	Feb. 21, 2014 Order/Opinion
50 2:13-cv-11379	Stipulated Order Entering Preliminary Injunction MK Chambers Company v. Department of Health and Human Services	Aug. 21, 2014	Aug. 21, 2014 Order/Opinion
54 2:13-cv-11379	Stipulated Order and Judgment MK Chambers Company v. Department of Health and Human Services	Nov. 21, 2014	Nov. 21, 2014 Order/Opinion

ECF Number	Date	Description	Link
1	March 28, 2013	COMPLAINT Verified filed by All Plaintiffs against Department of Health and Human Services, Department of Labor, Department of Treasury, Department of Health and Human Services, Secretary of, Department of Labor, Secretary of, Department of Treasury, Secretary of. Plaintiff requests summons issued. Receipt No: 0645-4016384 - Fee: $ 350. County of 1st Plaintiff: Lapeer - County Where Action Arose: Lapeer - County of 1st Defendant: USA. [Previously dismissed case: No] [Possible companion case(s): Federal District Court Easteran District of Michigan Southern division, 12-12061, Judge Cleland] (Chapman, Daniel) (Entered: 03/28/2013)	RECAP
2	March 28, 2013	NOTICE of Appearance by Kimberly A. Cochrane on behalf of All Plaintiffs. (Cochrane, Kimberly) (Entered: 03/28/2013)	RECAP
3	March 28, 2013	Ex Parte MOTION for Leave to File Excess Pages in Support of Emergency Motion For Temporary Restraining Order by All Plaintiffs. (Attachments: # 1 Exhibit 1 Motion for TRO) (Cochrane, Kimberly) (Entered: 03/28/2013) 1 Exhibit 1 Motion for TRO View on PACER	RECAP
4	March 29, 2013	SUMMONS Issued for the United States Attorney and the Office of the Attorney General. (TMcg) (Entered: 03/29/2013)	RECAP
5	March 29, 2013	SUMMONS Issued for * All Defendants * (TMcg) (Entered: 03/29/2013)	RECAP
6	April 1, 2013	EX PARTE ORDER Allowing Plaintiffs to File Brief in Excess of Page Limits in Support of Their Emergency Motion for Temporary Restraining Order 3 . Signed by District Judge Denise Page Hood. (LSau) (Entered: 04/01/2013)	RECAP
7	April 2, 2013	Ex Parte MOTION for Temporary Restraining Order and Certificate of Service by All Plaintiffs. (Attachments: # 1 Index of Exhibits, # 2 Exhibit 1 Affidavit of Gerald D. Chambers, # 3 Exhibit 2 Affidavit of Robert W. Chambers, # 4 Exhibit 3 Opinion; Legatus, et al. v. Sebelius, et al., # 5 Exhibit 4 Opinion; Domino's Farms Corp., et al. v. Sebelius, et al., # 6 Exhibit 5 Opinion; American Pulverizer Co., et al. v. Dep't of Health & Human Servs, et al., # 7 Exhibit 6 Opinion; Newland, et al. v. Sebelius, et al., # 8 Exhibit 7 Opinion; Tyndale House Publishers, Inc. v. Sebelius, et al.) (Cochrane, Kimberly) (Entered: 04/02/2013) 1 Index of Exhibits View on PACER 2 Exhibit 1 Affidavit of Gerald D. Chambers View on PACER 3 Exhibit 2 Affidavit of Robert W. Chambers View on PACER 4 Exhibit 3 Opinion; Legatus, et al. v. Sebelius, et al. View on PACER 5 Exhibit 4 Opinion; Domino's Farms Corp., et al. v. Sebelius, et al. View on PACER 6 Exhibit 5 Opinion; American Pulverizer Co., et al. v. Dep't of Health & Hu View on PACER 7 Exhibit 6 Opinion; Newland, et al. v. Sebelius, et al. View on PACER 8 Exhibit 7 Opinion; Tyndale House Publishers, Inc. v. Sebelius, et al. View on PACER	RECAP
8	April 3, 2013	ORDER Denying Ex-Parte Emergency Motion for Temporary Restraining Order 7 . Signed by District Judge Denise Page Hood. (LSau) (Entered: 04/03/2013)	RECAP
9	April 4, 2013	STATEMENT of DISCLOSURE of CORPORATE AFFILIATIONS and FINANCIAL INTEREST by MK Chambers Company (Cochrane, Kimberly) (Entered: 04/04/2013)	RECAP
10	April 11, 2013	Ex Parte MOTION for Leave to File Excess Pages In Support of Plaintiffs' Motion For Preliminary Injunction by All Plaintiffs. (Cochrane, Kimberly) (Entered: 04/11/2013)	RECAP
11	April 16, 2013	CERTIFICATE of Service/Summons Returned Executed. U.S. Attorney served on 04/09/2013. (Cochrane, Kimberly) (Entered: 04/16/2013)	RECAP
12	April 16, 2013	CERTIFICATE of Service/Summons Returned Executed. U.S. Department of Treasury served on 04/10/2013. (Cochrane, Kimberly) (Entered: 04/16/2013)	RECAP
13	April 16, 2013	CERTIFICATE of Service/Summons Returned Executed. Secretary of U.S. Department of Treasury served on 04/11/2013. (Cochrane, Kimberly) (Entered: 04/16/2013)	RECAP
14	April 16, 2013	CERTIFICATE of Service/Summons Returned Executed. Secretary of U.S. Department of Health & Human Services served on 04/08/2013. (Cochrane, Kimberly) (Entered: 04/16/2013)	RECAP
15	April 16, 2013	CERTIFICATE of Service/Summons Returned Executed. Secretary for U.S. Department of Labor served on 04/08/2013. (Cochrane, Kimberly) (Entered: 04/16/2013)	RECAP
16	April 19, 2013	NOTICE of Appearance by Bradley P. Humphreys on behalf of All Defendants. (Humphreys, Bradley) (Entered: 04/19/2013)	RECAP
17	April 24, 2013	CERTIFICATE of Service/Summons Returned Executed. Department of Health and Human Services served on 04/08/2013. (Cochrane, Kimberly) (Entered: 04/24/2013)	RECAP
18	April 24, 2013	ORDER granting 10 Motion for Leave to File Excess Pages. Signed by District Judge Denise Page Hood. (JOwe) (Entered: 04/24/2013)	RECAP
19	April 25, 2013	STIPULATION AND ORDER Allosing Plaintiffs to File a Brief in Exess of Page Limits in Support of their Motion for Preliminary Injunction, and Defendants to File a Brief in Excess of Page Limits in Repsonse to Plaintifffs' Motion for Preliminary Injunction. Signed by District Judge Denise Page Hood. (JOwe) (Entered: 04/25/2013)	RECAP
20	April 26, 2013	Emergency MOTION for Preliminary Injunction and Certificate of Service by All Plaintiffs. (Attachments: # 1 Index of Exhibits, # 2 Exhibit 1 Affidavit of Gerald D. Chambers, # 3 Exhibit 2 Affidavit of Robert W. Chambers) (Cochrane, Kimberly) (Entered: 04/26/2013) 1 Index of Exhibits View on PACER 2 Exhibit 1 Affidavit of Gerald D. Chambers View on PACER 3 Exhibit 2 Affidavit of Robert W. Chambers View on PACER	RECAP
21	May 1, 2013	NOTICE OF HEARING on 20 Emergency MOTION for Preliminary Injunction and Certificate of Service. Motion Hearing set for 5/15/2013 02:00 PM before District Judge Denise Page Hood (LSau) (Entered: 05/01/2013)	RECAP
	May 2, 2013	Set/Reset Deadlines as to 20 Emergency MOTION for Preliminary Injunction and Certificate of Service . Responses due by 5/22/2013 Replies due by 5/31/2013 Motion Hearing set for 6/7/2013 02:00 PM before District Judge Denise Page Hood (LSau) (Entered: 05/02/2013)	PACER
22	May 2, 2013	CERTIFICATE of Service/Summons Returned Executed. U.S. Department of Labor served on 04/08/2013. (Cochrane, Kimberly) (Entered: 05/02/2013)	RECAP
	May 2, 2013	Set/Reset Deadlines as to 20 Emergency MOTION for Preliminary Injunction and Certificate of Service. Responses due by 5/22/2013 Replies due by 5/31/2013 Motion Hearing set for 6/7/2013 02:00 PM before District Judge Denise Page Hood (LSau)
23	May 6, 2013	CERTIFICATE of Service/Summons Returned Executed. U.S. Attorney on behalf of All Defendants. (Cochrane, Kimberly) (Entered: 05/06/2013)	RECAP
24	May 22, 2013	MOTION for Leave to File Excess Pages in Support of Defendants' Motion to Dismiss and in Opposition to Plaintiffs' Motion for a Preliminary Injunction by All Defendants. (Humphreys, Bradley) (Entered: 05/22/2013)	RECAP
25	May 22, 2013	MOTION to Dismiss and Memorandum in Opposition to Plaintiffs' Motion for a Preliminary Injunction by All Defendants. (Attachments: # 1 Index of Exhibits, # 2 Exhibit Autocam Corp. v. Sebelius (6th Cir.), # 3 Exhibit Autocam Corp. v. Sebelius (6th Cir. - Denying Motion for Reconsideration), # 4 Exhibit Autocam Corp. v. Sebelius (W.D. Mich.), # 5 Exhibit Hobby Lobby v. Sebelius (10th Cir.), # 6 Exhibit Conestoga Wood Specialities Corp. v. Sebelius (3d Cir.), # 7 Exhibit Conestoga Wood Specialities Corp. v. Sebelius (E.D. Pa.), # 8 Exhibit Annex Med., Inc. v. Sebelius (D. Minn.), # 9 Exhibit Annex Med., Inc. v. Sebelius (D. Minn. - Denying Motion for Injunction Pending Appeal), # 10 Exhibit Grote Indus., Inc. v. Sebelius (S.D. Ind.), # 11 Exhibit Grote Indus., Inc. v. Sebelius (S.D. Ind. - Denying Motion for Reconsideration), # 12 Exhibit Korte v. U.S. Dep't of Health & Human Servs. (S.D. Ind.), # 13 Exhibit Gilardi v. Sebelius (D.D.C.)) (Humphreys, Bradley) (Entered: 05/22/2013) 1 Index of Exhibits View on PACER 2 Exhibit Autocam Corp. v. Sebelius (6th Cir.) View on PACER 3 Exhibit Autocam Corp. v. Sebelius (6th Cir. - Denying Motion for Reconsideration View on PACER 4 Exhibit Autocam Corp. v. Sebelius (W.D. Mich.) View on PACER 5 Exhibit Hobby Lobby v. Sebelius (10th Cir.) View on PACER 6 Exhibit Conestoga Wood Specialities Corp. v. Sebelius (3d Cir.) View on PACER 7 Exhibit Conestoga Wood Specialities Corp. v. Sebelius (E.D. Pa.) View on PACER 8 Exhibit Annex Med., Inc. v. Sebelius (D. Minn.) View on PACER 9 Exhibit Annex Med., Inc. v. Sebelius (D. Minn. - Denying Motion for Injunction P View on PACER 10 Exhibit Grote Indus., Inc. v. Sebelius (S.D. Ind.) View on PACER 11 Exhibit Grote Indus., Inc. v. Sebelius (S.D. Ind. - Denying Motion for Reconside View on PACER 12 Exhibit Korte v. U.S. Dep't of Health & Human Servs. (S.D. Ind.) View on PACER 13 Exhibit Gilardi v. Sebelius (D.D.C.) View on PACER	RECAP
26	May 24, 2013	MOTION for Leave to File Amicus Brief by American Civil Liberties Union of Michigan, American Civil Liberties Union. (Attachments: # 1 Exhibit Proposed Amicus Brief) (Steinberg, Michael) (Entered: 05/24/2013) 1 Exhibit Proposed Amicus Brief View on PACER	RECAP
27	May 30, 2013	NOTICE of Appearance by Daniel Mach on behalf of American Civil Liberties Union, American Civil Liberties Union of Michigan. (Mach, Daniel) (Entered: 05/30/2013)	RECAP
28	May 30, 2013	STIPULATED ORDER Allowing Plaintiffs to File a Reply Brief in Excess of Page Limits in Support of Their Motion for Preliminary Injunction. Signed by District Judge Denise Page Hood. (LSau) (Entered: 05/30/2013)	RECAP
29	May 31, 2013	REPLY to Response re 20 Emergency MOTION for Preliminary Injunction and Certificate of Service, 25 MOTION to Dismiss and Memorandum in Opposition to Plaintiffs' Motion for a Preliminary Injunction and Certificate of Service filed by All Plaintiffs. (Cochrane, Kimberly) (Entered: 05/31/2013)	RECAP
30	May 31, 2013	ATTORNEY APPEARANCE: B. Eric Restuccia appearing on behalf of Bill Schuette with certificate of service (Restuccia, B.) (Entered: 05/31/2013)	RECAP
31	May 31, 2013	MOTION for Leave to File an Amicus Brief with Certificate of Service by Bill Schuette. (Restuccia, B.) (Entered: 05/31/2013)	RECAP
32	May 31, 2013	Amicus Curiae BRIEF by Bill Schuette (Restuccia, B.) (Entered: 05/31/2013)	RECAP
33	May 31, 2013	REQUEST for Leave to Appear Telephonically at the Hearing on Plaintiffs' Motion for a Preliminary Injunction by All Defendants. (Humphreys, Bradley) (Entered: 05/31/2013)	RECAP
	June 5, 2013	TEXT−ONLY ORDER Granting 24 MOTION for Leave to File Excess Pages. Signed by District Judge Denise Page Hood. (LSau) (Entered: 06/05/2013)	PACER
34	June 5, 2013	NOTICE OF HEARING on 25 MOTION to Dismiss and Memorandum in Opposition to Plaintiffs' Motion for a Preliminary Injunction. Motion Hearing set for 7/24/2013 03:00 PM before District Judge Denise Page Hood (LSau) (Entered: 06/05/2013)	RECAP
35	June 5, 2013	NOTICE OF HEARING on 31 MOTION for Leave to File an Amicus Brief with Certificate of Service, 26 MOTION for Leave to File Amicus Brief. Motion Hearing set for 6/7/2013 02:00 PM before District Judge Denise Page Hood (LSau) (Entered: 06/05/2013)	RECAP
	June 5, 2013	TEXT-ONLY ORDER Granting 24 MOTION for Leave to File Excess Pages. Signed by District Judge Denise Page Hood. (LSau)
36	June 6, 2013	RESPONSE to 20 Emergency MOTION for Preliminary Injunction and Certificate of Service REFILED filed by All Defendants. (Humphreys, Bradley) (Entered: 06/06/2013)	RECAP

Case: MK Chambers Co. v. Sebelius

2:13-cv-11379 | U.S. District Court for the Eastern District of Michigan

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