Case: Bick Holdings Inc. v. Sebelius

4:13-cv-00462 | U.S. District Court for the Eastern District of Missouri

Filed Date: March 13, 2013

Closed Date: 2014

Clearinghouse coding complete

Case Summary

On March 13, 2013, a for-profit company filed this lawsuit in the United States District Court for the Eastern District of Missouri 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 American Center for Law and Justice, asked the court for an exception to the Affordable Care Act (ACA) mandate requiring employers to provide health insurance coverage of contr…

On March 13, 2013, a for-profit company filed this lawsuit in the United States District Court for the Eastern District of Missouri 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 American Center for Law and Justice, 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 company's owners.

On April 1, 2013, United States District Judge Audrey G. Fleissig granted the plaintiff's unopposed motion for preliminary injunction and stay of the case. The court ordered the defendant not to enforce the ACA insurance mandate regarding contraception against the plaintiffs until 30 days after the appeal of either of the cases (1) O'Brien v. U.S. Dep't of Health and Human Services, 894 F.Supp.2d 1149 (E.D. Mo. 2012) or (2) Annex Medical, Inc. v. Sebelius, No. 12–2804 2013 WL 101927 (D. Minn. Jan. 8, 2013), was decided by the Eighth Circuit, whichever occurred first. Both of these cases involved similar legal issues and the same defendant.

Before a decision was reached in either case, on June 30, 2014, the Supreme Court issued a decision in Burwell v. Hobby Lobby Stores, Inc., 134 S. Ct. 2751 (2014), a substantially similar case. 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 November 10, 2014, the parties submitted a Joint Motion for Entry of Injunction and Judgment, in which they jointly agreed that that judgment should be entered in favor of the plaintiffs on their Religious Freedom Restoration Act claim, that a permanent injunction should be entered, that all other claims against the defendants should be dismissed, and that the deadline for any petition by plaintiffs for attorneys' fees should be extended to 60 days after the entry of judgment.

On November 18, 2014, Judge Fliessig signed the consent injunction and judgment, and the case was dismissed. The plaintiffs never moved for attorneys' fees.

Summary Authors

Mallory Jones (11/15/2013)

Elizabeth Greiter (11/2/2017)

Related Cases

O'Brien v. HHS, Eastern District of Missouri (2012)

Annex Medical, Inc. v. Sebelius, District of Minnesota (2012)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4299162/parties/bick-holdings-inc-v-united-states-department-of-health-human-services/


Judge(s)

Fleissig, Audrey Goldstein (Missouri)

Attorneys(s) for Plaintiff

Gammill, Carly F. (Tennessee)

Manion, Francis J (Kentucky)

Surtees, Geoffrey R. (Kentucky)

White, Edward L. III (Michigan)

Zimmerman, Erik M. (Kentucky)

Attorneys(s) for Defendant

Bennett, Michelle Renee (District of Columbia)

Branda, Joyce R. (District of Columbia)

Callahan, Richard G. (Missouri)

Delery, Stuart F. (District of Columbia)

Judge(s)

Fleissig, Audrey Goldstein (Missouri)

Attorneys(s) for Plaintiff

Gammill, Carly F. (Tennessee)

Manion, Francis J (Kentucky)

Surtees, Geoffrey R. (Kentucky)

White, Edward L. III (Michigan)

Zimmerman, Erik M. (Kentucky)

Attorneys(s) for Defendant

Bennett, Michelle Renee (District of Columbia)

Branda, Joyce R. (District of Columbia)

Callahan, Richard G. (Missouri)

Delery, Stuart F. (District of Columbia)

Gershengorn, Ian Heath (District of Columbia)

Lieber, Sheila M. (District of Columbia)

Ricketts, Jennifer (District of Columbia)

Documents in the Clearinghouse

Document

4:13-cv-00462

Docket [PACER]

Birk Holdings Inc. v. United States Department of Health and Human Services

Nov. 18, 2014

Nov. 18, 2014

Docket
1

4:13-cv-00462

Complaint

Birk Holdings Inc. v. United States Department of Health and Human Services

March 13, 2013

March 13, 2013

Complaint
9-2

4:13-cv-00462

[Proposed] Order Granting Plaintiffs' Motion for Preliminary Injunction

Birk Holdings Inc. v. United States Department of Health and Human Services

March 25, 2013

March 25, 2013

Order/Opinion
8

4:13-cv-00462

Plaintiffs' Motion for Preliminary Injunction

Birk Holdings Inc. v. United States Department of Health and Human Services

March 25, 2013

March 25, 2013

Pleading / Motion / Brief
9

4:13-cv-00462

Plaintiffs' Memorandum in Support of Motion for Preliminary Injunction

Birk Holdings Inc. v. United States Department of Health and Human Services

March 25, 2013

March 25, 2013

Pleading / Motion / Brief
17-1

4:13-cv-00462

[Proposed] Order Enjoining Defendants

Birk Holdings Inc. v. United States Department of Health and Human Services

March 28, 2013

March 28, 2013

Order/Opinion
17

4:13-cv-00462

Defendants' Unopposed Motion to Stay Proceedings and Notice of Non-Opposition to Plaintiffs' Motion for Preliminary Injunction

Birk Holdings Inc. v. United States Department of Health and Human Services

March 28, 2013

March 28, 2013

Pleading / Motion / Brief
19

4:13-cv-00462

Order (Granting Plaintiffs' Motion for Preliminary Injunction and Enjoining Defendants)

Birk Holdings Inc. v. United States Department of Health and Human Services

April 1, 2013

April 1, 2013

Order/Opinion
23

4:13-cv-00462

Joint Motion for Entry of Injunction and Judgment

Bick Holdings v. Burwell

Nov. 10, 2014

Nov. 10, 2014

Pleading / Motion / Brief
24

4:13-cv-00462

Consent Injunction and Judgment

Bick Holdings v. Burwell

Nov. 18, 2014

Nov. 18, 2014

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4299162/bick-holdings-inc-v-united-states-department-of-health-human-services/

Last updated May 29, 2022, 3:09 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against defendant All Defendants with receipt number 0865-3721528, in the amount of $350 Non-Jury Demand,, filed by Mary Clare Bick, Bick Holdings, Inc., William Joseph Bick, Mary Frances Callahan, Mary Margaret Jonz, Bick Group, Inc., Mary Patricia Davies, James P. Bick, Jr, Joseph John Bick, Mary Sarah Alexander, Francis Xavier Bick. (Attachments: # 1 Civil Cover Sheet, # 2 Original Filing Form, # 3 Summons, # 4 Summons, # 5 Summons, # 6 Summons, # 7 Summons)(Manion, Francis) (Entered: 03/13/2013)

1 Civil Cover Sheet

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2 Original Filing Form

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3 Summons

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4 Summons

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5 Summons

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6 Summons

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7 Summons

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March 13, 2013

March 13, 2013

RECAP
2

MOTION for Leave to Appear Pro Hac Vice Francis J. Manion. The Certificate of Good Standing was attached.(Filing fee $100 receipt number 0865-3721641) by Plaintiffs Mary Sarah Alexander, Francis Xavier Bick, James P. Bick, Jr, Joseph John Bick, Mary Clare Bick, William Joseph Bick, Bick Group, Inc., Mary Frances Callahan, Mary Patricia Davies, Bick Holdings, Inc., Mary Margaret Jonz. (Manion, Francis) (Entered: 03/13/2013)

March 13, 2013

March 13, 2013

PACER
3

MOTION for Leave to Appear Pro Hac Vice Geoffrey R. Surtees. The Certificate of Good Standing was attached.(Filing fee $100 receipt number 0865-3721665) by Plaintiffs Mary Sarah Alexander, Francis Xavier Bick, James P. Bick, Jr, Joseph John Bick, Mary Clare Bick, William Joseph Bick, Bick Group, Inc., Mary Frances Callahan, Mary Patricia Davies, Bick Holdings, Inc., Mary Margaret Jonz. (Surtees, Geoffrey) (Entered: 03/13/2013)

March 13, 2013

March 13, 2013

PACER
4

DISCLOSURE OF CORPORATION INTERESTS CERTIFICATE by Plaintiffs Mary Sarah Alexander, Francis Xavier Bick, James P. Bick, Jr, Joseph John Bick, Mary Clare Bick, William Joseph Bick, Bick Group, Inc., Mary Frances Callahan, Mary Patricia Davies, Bick Holdings, Inc., Mary Margaret Jonz.. (Manion, Francis) (Entered: 03/13/2013)

March 13, 2013

March 13, 2013

PACER
5

Summons Issued, (remaining 3) as to defendant U.S. Department of Health and Human Services, U.S. Department of the Treasury, U.S. Department of Labor. These summonses were emailed to fmanion@aol.com (DLT) (Entered: 03/15/2013)

March 15, 2013

March 15, 2013

PACER
6

MOTION for Leave to Appear Pro Hac Vice Erik M. Zimmerman. The Certificate of Good Standing was attached.(Filing fee $100) by Plaintiffs Mary Sarah Alexander, Francis Xavier Bick, James Patrick Bick, Jr, Joseph John Bick, Mary Clare Bick, William Joseph Bick, Bick Group, Inc., Mary Frances Callahan, Mary Patricia Davies, Bick Holdings, Inc., Mary Margaret Jonz. (NCL) (Entered: 03/21/2013)

March 20, 2013

March 20, 2013

PACER
7

Docket Text ORDER Re: 6 Motion for Leave to Appear Pro Hac Vice Erik M. Zimmerman by Plaintiffs Mary Sarah Alexander, et al.; ORDERED GRANTED. Signed by District Judge Audrey G. Fleissig on March 22, 2013. (SAA) (Entered: 03/22/2013)

March 22, 2013

March 22, 2013

PACER
8

MOTION for Preliminary Injunction by Plaintiffs Mary Sarah Alexander, Francis Xavier Bick, James Patrick Bick, Jr, Joseph John Bick, Mary Clare Bick, William Joseph Bick, Bick Group, Inc., Mary Frances Callahan, Mary Patricia Davies, Bick Holdings, Inc., Mary Margaret Jonz. (Manion, Francis) (Entered: 03/25/2013)

March 25, 2013

March 25, 2013

PACER
9

MEMORANDUM in Support of Motion re 8 MOTION for Preliminary Injunction filed by Plaintiffs Mary Sarah Alexander, Francis Xavier Bick, James Patrick Bick, Jr, Joseph John Bick, Mary Clare Bick, William Joseph Bick, Bick Group, Inc., Mary Frances Callahan, Mary Patricia Davies, Bick Holdings, Inc., Mary Margaret Jonz. (Attachments: # 1 Affidavit Declaration of James Patrick Bick, Jr., # 2 Text of Proposed Order)(Manion, Francis) (Entered: 03/25/2013)

1 Affidavit Declaration of James Patrick Bick, Jr.

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2 Text of Proposed Order

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March 25, 2013

March 25, 2013

PACER
10

SUMMONS Returned Executed filed by Bick Holdings, Inc., Mary Frances Callahan, Bick Group, Inc., James Patrick Bick, Jr, Mary Clare Bick, William Joseph Bick, Mary Margaret Jonz, Mary Patricia Davies, Joseph John Bick, Mary Sarah Alexander, Francis Xavier Bick. defendantU.S. Department of Health and Human Services served on 3/20/2013, answer due 5/20/2013; U.S. Department of the Treasury served on 3/20/2013, answer due 5/20/2013; U.S. Department of Labor served on 3/20/2013, answer due 5/20/2013. (Attachments: # 1 Exhibit Summons and U.S.P.S. receipts)(Manion, Francis) (Entered: 03/26/2013)

1 Exhibit Summons and U.S.P.S. receipts

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March 26, 2013

March 26, 2013

PACER
11

SUMMONS Returned Executed filed by Bick Holdings, Inc., Mary Frances Callahan, Bick Group, Inc., James Patrick Bick, Jr, Mary Clare Bick, William Joseph Bick, Mary Margaret Jonz, Mary Patricia Davies, Joseph John Bick, Mary Sarah Alexander, Francis Xavier Bick. defendantKathleen Sebelius served on 3/22/2013, answer due 5/21/2013. (Attachments: # 1 Exhibit Summons and U.S.P.S. receipts)(Manion, Francis) (Entered: 03/26/2013)

1 Exhibit Summons and U.S.P.S. receipts

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March 26, 2013

March 26, 2013

PACER
12

SUMMONS Returned Executed filed by Bick Holdings, Inc., Mary Frances Callahan, Bick Group, Inc., James Patrick Bick, Jr, Mary Clare Bick, William Joseph Bick, Mary Margaret Jonz, Mary Patricia Davies, Joseph John Bick, Mary Sarah Alexander, Francis Xavier Bick. defendantSeth D. Harris served on 3/22/2013, answer due 5/21/2013. (Attachments: # 1 Exhibit Summons and U.S.P.S. receipts)(Manion, Francis) (Entered: 03/26/2013)

1 Exhibit Summons and U.S.P.S. receipts

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March 26, 2013

March 26, 2013

PACER
13

Docket Text ORDER Re: 2 Motion for Leave to Appear Pro Hac Vice Francis J. Manion by Plaintiffs Bick Holdings, Inc., et al.; ORDERED GRANTED. Signed by District Judge Audrey G. Fleissig on March 26, 2013. (SAA) (Entered: 03/26/2013)

March 26, 2013

March 26, 2013

PACER
14

Docket Text ORDER Re: 3 Motion for Leave to Appear Pro Hac Vice Geoffrey R. Surtees by Plaintiffs Bick Holdings, Inc., et al.; ORDERED GRANTED. Signed by District Judge Audrey G. Fleissig on March 26, 2013. (SAA) (Entered: 03/26/2013)

March 26, 2013

March 26, 2013

PACER
15

MOTION for Leave to Appear Pro Hac Vice Edward L. White. The Certificate of Good Standing was attached.(Filing fee $100 receipt number 0865-3740444) by Plaintiffs Mary Sarah Alexander, Francis Xavier Bick, James Patrick Bick, Jr, Joseph John Bick, Mary Clare Bick, William Joseph Bick, Bick Group, Inc., Mary Frances Callahan, Mary Patricia Davies, Bick Holdings, Inc., Mary Margaret Jonz. (Attachments: # 1 Certificate of Good Standing State Bar of Michigan dated 3/20/2013)(White, Edward) (Entered: 03/26/2013)

1 Certificate of Good Standing State Bar of Michigan dated 3/20/2013

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March 26, 2013

March 26, 2013

PACER
16

Docket Text ORDER Re: 15 Motion for Leave to Appear Pro Hac Vice Edward L. White by Plaintiffs Bick Holdings, Inc., et al.; ORDERED GRANTED. Signed by District Judge Audrey G. Fleissig on March 27, 2013. (SAA) (Entered: 03/27/2013)

March 27, 2013

March 27, 2013

PACER
17

RESPONSE to Motion re 8 MOTION for Preliminary Injunction (Notice of Non-Opposition) filed by Defendants Seth D. Harris, Jacob J. Lew, Kathleen Sebelius, U.S. Department of Health and Human Services, U.S. Department of the Treasury, U.S. Department of Labor. (Attachments: # 1 Text of Proposed Order)(Bennett, Michelle) (Entered: 03/28/2013)

1 Text of Proposed Order

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March 28, 2013

March 28, 2013

PACER
18

Consent MOTION to Stay by Defendants Seth D. Harris, Jacob J. Lew, Kathleen Sebelius, U.S. Department of Health and Human Services, U.S. Department of the Treasury, U.S. Department of Labor. (Attachments: # 1 Text of Proposed Order)(Bennett, Michelle) (Entered: 03/28/2013)

1 Text of Proposed Order

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March 28, 2013

March 28, 2013

PACER
19

ORDER All proceedings in this case are stayed pending resolution of the appeal in OBrien or Annex Medical, whichever occurs first, and the case shall be closed for administrative purposes only. The Parties shall advise the Court within ten days of the issuance of the mandate in either case. Granting 18 Motion to Stay Signed by District Judge Audrey G. Fleissig on 4/1/13. (JWJ) (Entered: 04/01/2013)

April 1, 2013

April 1, 2013

PACER
20

SUMMONS Returned Executed filed by Bick Holdings, Inc., Mary Frances Callahan, Bick Group, Inc., James Patrick Bick, Jr, Mary Clare Bick, William Joseph Bick, Mary Margaret Jonz, Mary Patricia Davies, Joseph John Bick, Mary Sarah Alexander, Francis Xavier Bick. defendantJacob J. Lew served on 3/27/2013, answer due 5/28/2013. (Attachments: # 1 Attachment Summons and U.S.P.S. receipts)(Manion, Francis) (Entered: 04/01/2013)

1 Attachment Summons and U.S.P.S. receipts

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April 1, 2013

April 1, 2013

PACER
21

SUMMONS Returned Executed filed by Bick Holdings, Inc., Mary Frances Callahan, Bick Group, Inc., James Patrick Bick, Jr, Mary Clare Bick, William Joseph Bick, Mary Margaret Jonz, Mary Patricia Davies, Joseph John Bick, Mary Sarah Alexander, Francis Xavier Bick. defendant All Defendants. (Attachments: # 1 Attachment Summons and U.S.P.S. receipts)(Manion, Francis) (Entered: 04/01/2013)

1 Attachment Summons and U.S.P.S. receipts

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April 1, 2013

April 1, 2013

PACER
22

NOTICE of Change of Address filed by Edward L. White, III (White, Edward) (Entered: 07/06/2013)

July 6, 2013

July 6, 2013

PACER
23

Joint MOTION to Approve Consent Judgment by Defendants Seth D. Harris, Jacob J. Lew, Kathleen Sebelius, U.S. Department of Health and Human Services, U.S. Department of the Treasury, U.S. Department of Labor. (Attachments: # 1 Text of Proposed Order)(Bennett, Michelle) (Entered: 11/10/2014)

1 Text of Proposed Order

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Nov. 10, 2014

Nov. 10, 2014

PACER
24

CONSENT INJUNCTION AND JUDGMENT (PLEASE SEE ORDER FOR DETAILS). Signed by District Judge Audrey G. Fleissig on 11/18/14. (JWJ) (Entered: 11/18/2014)

Nov. 18, 2014

Nov. 18, 2014

RECAP

Case Details

State / Territory: Missouri

Case Type(s):

Speech and Religious Freedom

Special Collection(s):

Contraception Insurance Mandate

Key Dates

Filing Date: March 13, 2013

Closing Date: 2014

Case Ongoing: No

Plaintiffs

Plaintiff Description:

A for-profit company seeking an exception to the Affordable Care Act's mandate requiring employers to provide health insurance coverage of contraception because it violates 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

Department of Health and Human Services, Federal

Department of Labor, Federal

Department of the Treasury , Federal

Defendant Type(s):

Hospital/Health Department

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):

Due Process

Equal Protection

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:

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

Type of Facility:

Non-government for profit