Case: Mersino v. Sebelius

2:13-cv-11296 | U.S. District Court for the Eastern District of Michigan

Filed Date: March 22, 2013

Closed Date: 2015

Clearinghouse coding complete

Case Summary

On March 22, 2013, a for-profit company filed a lawsuit in the United States District Court for the Eastern District of Michigan under the Religious Freedom Restoration Act, the Administrative Procedure Act and the First Amendment against the U.S. Department of Health and Human Services. The plaintiffs, represented in part by the public interest firm Thomas More Law Center, asked the court for an exception to the Affordable Care Act (ACA) mandate requiring employers to provide health insurance …

On March 22, 2013, a for-profit company filed a lawsuit in the United States District Court for the Eastern District of Michigan under the Religious Freedom Restoration Act, the Administrative Procedure Act and the First Amendment against the U.S. Department of Health and Human Services. The plaintiffs, represented in part by the public interest firm Thomas More 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 plaintiffs claimed that providing insurance coverage of contraception would violate the deeply held religious beliefs of the corporation's owners. The case was assigned to Judge Paul D. Borman.

On May 7, 2013, the plaintiffs filed a motion for a temporary restraining order to enjoin the enforcement of the mandate, which was to begin to apply to the plaintiff's group health plan on June 1, 2013. The ACLU of Michigan filed an amicus brief in support of the defendants' opposition to the plaintiffs' motion for a preliminary injunction on May 23, 2013. On July 11, 2013, United States District Court denied the plaintiffs' motion for temporary restraining order and preliminary injunction. 2013 WL 3546702. The same day, the plaintiffs filed an appeal with the U.S. Court of Appeals for the Sixth Circuit (No. 13-1944). On July 17, 2013, the parties filed a joint motion to stay the district court proceedings pending the appeal. The District Court granted that motion on July 31, 2013.

On June 30, 2014, the U.S. Supreme Court decided Burwell v. Hobby Lobby Stores, holding that the HHS regulations imposing the contraceptive mandate violate RFRA when applied to closely-held for-profit corporations.

In this case in the Sixth Circuit, the plaintiffs had moved for an injunction pending appeal. In the week following the Hobby Lobby the parties met twice, and the government withdrew its opposition to the injunctive relief. On July 9, 2014, the U.S. Court of Appeals for the Sixth Circuit (Judges Alice Batchelder, Danny Boggs, and Eric Clay) granted the plaintiffs' motion for an injunction pending appeal: the contraceptive mandate would not apply to the plaintiffs pending the appeal.

On January 28, 2015, the Sixth Circuit reversed the District Court's July 11, 2013 denial of the plaintiffs' motion for a preliminary injunction and remanded the case for further proceedings. The order noted that in light of the Supreme Court's decision in Hobby Lobby, the government agreed with the plaintiffs that the District Court's denial of the preliminary injunction should be reversed. 2015 WL 9850709.

On February 4, 2015, Judge Borman reopened the case in the district court and, based on Hobby Lobby, entered judgment in favor of the plaintiffs on their claim under RFRA, dismissing all other claims against the defendants, and enjoining the government from enforcing the contraceptive coverage requirement against the plaintiffs. The plaintiffs notified the court that the parties had reached agreement as to attorney's fees on May 12, 2015. The case is now closed.

Summary Authors

Mallory Jones (3/31/2014)

Edward Mroczkowski (2/2/2015)

Sarah McDonald (8/12/2018)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/5304673/parties/mersino-management-company-v-sebelius/


Judge(s)

Batchelder, Alice Moore (Ohio)

Boggs, Danny Julian (Kentucky)

Borman, Paul D. (Michigan)

Clay, Eric L. (Michigan)

Whalen, R. Steven (Michigan)

Attorneys(s) for Plaintiff

Mersino, Erin Elizabeth (Michigan)

Thompson, Richard (Michigan)

Attorneys(s) for Defendant

Berwick, Benjamin Leon (District of Columbia)

Delery, Stuart F. (District of Columbia)

Gershengorn, Ian Heath (District of Columbia)

Judge(s)

Batchelder, Alice Moore (Ohio)

Boggs, Danny Julian (Kentucky)

Borman, Paul D. (Michigan)

Clay, Eric L. (Michigan)

Whalen, R. Steven (Michigan)

Attorneys(s) for Plaintiff

Mersino, Erin Elizabeth (Michigan)

Thompson, Richard (Michigan)

Attorneys(s) for Defendant

Berwick, Benjamin Leon (District of Columbia)

Delery, Stuart F. (District of Columbia)

Gershengorn, Ian Heath (District of Columbia)

Humphreys, Bradley Philip (District of Columbia)

Lieber, Sheila M. (District of Columbia)

McQuade, Barbara L. (Michigan)

Ricketts, Jennifer (District of Columbia)

Other Attorney(s)

Lee, Jennifer (New York)

Mach, Daniel (District of Columbia)

Steinberg, Michael J. (Michigan)

Documents in the Clearinghouse

Document

Docket [PACER]

Mersino Management Company v. Sebelius

May 12, 2015 Docket
1

Complaint

Mersino Management Company v. Sebelius

March 22, 2013 Complaint
8

Plaintiffs' Motion for Temporary Restraining Order and Preliminary Injunction

Mersino Management v. Sebelius

May 7, 2013 Pleading / Motion / Brief
16

Defendants' Memorandum in Opposition to Plaintiffs' Motion for a Temporary Restraining Order and Preliminary Injunction

Mersino Management v. Sebelius

May 23, 2013 Pleading / Motion / Brief
19

Plaintiffs' Reply to Defendants' Opposition to Plaintiffs' Motion for Preliminary Injunction

Mersino Management Company v. Sebelius

May 24, 2013 Pleading / Motion / Brief
29

Opinion and Order Denying Plaintiffs' Motion for Temporary Restraining Order and Preliminary Injunction

Mersino Management v. Sebelius

2013 WL 3546702

July 11, 2013 Order/Opinion
32

Joint Motion to Stay District Court Proceedings Pending Appeal

Mersino Management v. Sebelius

July 17, 2013 Pleading / Motion / Brief
33

Order Granting Joint Motion to Stay District Court Proceedings Pending Appeal

Mersino Management Company v. Sebelius

July 31, 2013 Order/Opinion
35

Order

Mersino Management Company v. Burwell

U. S. Court of Appeals for the Sixth Circuit

July 9, 2014 Order/Opinion
37

Injunction and Judgment

Mersino Management Company v. Sebelius

Feb. 4, 2015 Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/5304673/mersino-management-company-v-sebelius/

Last updated May 12, 2022

ECF Number Description Date Link
1

COMPLAINT filed by All Plaintiffs against All Defendants. Plaintiff requests summons issued. Receipt No: 0645-4007767 - Fee: $ 350. County of 1st Plaintiff: Genesee - County Where Action Arose: Genesee - County of 1st Defendant: USA. [Previously dismissed case: No] [Possible companion case(s): None] (Attachments: # 1 Index of Exhibits Index of Exhibits, # 2 Exhibit Exhibit 1) (Mersino, Erin) (Entered: 03/22/2013)

1 Index of Exhibits Index of Exhibits

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2 Exhibit Exhibit 1

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March 22, 2013 PACER
2

STATEMENT of DISCLOSURE of CORPORATE AFFILIATIONS and FINANCIAL INTEREST by All Plaintiffs (Mersino, Erin) (Entered: 03/25/2013)

March 25, 2013 PACER
3

SUMMONS Issued for the United States Attorney and the Office of the Attorney General. (TMcg) (Entered: 03/26/2013)

March 26, 2013 PACER
4

SUMMONS Issued for * All Defendants * (TMcg) (Entered: 03/26/2013)

March 26, 2013 PACER
5

NOTICE of Appearance by Bradley P. Humphreys on behalf of Seth D. Harris, Jack Lew, Kathleen Sebelius, United States Department of Health and Human Services, United States Department of Labor, United States Department of Treasury. (Humphreys, Bradley) (Entered: 04/08/2013)

April 8, 2013 PACER
6

CERTIFICATE OF SERVICE by All Plaintiffs for Proof of Service for Summons and Complaint (Mersino, Erin) (Entered: 05/01/2013)

May 1, 2013 PACER
7

MOTION for Leave to File Excess Pages by All Plaintiffs. (Mersino, Erin) (Entered: 05/07/2013)

May 7, 2013 PACER
8

MOTION for Temporary Restraining Order and Preliminary Injunction by All Plaintiffs. (Attachments: # 1 Index of Exhibits Index of Exhibits, # 2 Exhibit Exhibit 1, # 3 Exhibit Exhibit 2, # 4 Exhibit Exhibit 3, # 5 Exhibit Exhibit 4) (Mersino, Erin) (Main Document 8 replaced on 5/9/2013) (KKra). Modified on 5/9/2013 (KKra). [ATTACHED BRIEF HAS BEEN STRICKEN PER COURT ORDER DATED 5/8/13] (Entered: 05/07/2013)

May 7, 2013 PACER
9

ORDER Denying 7 Motion for Leave to File Excess Pages, Striking Plaintiffs' Brief, and Requiring Plaintiffs to Submit a Conforming Twenty-Page Brief. Signed by District Judge Paul D. Borman. (KKra) (Entered: 05/09/2013)

May 8, 2013 PACER
10

MOTION for Temporary Restraining Order by All Plaintiffs. (Attachments: # 1 Index of Exhibits Index of Exhibits, # 2 Exhibit Ex. 1, # 3 Exhibit Ex. 2, # 4 Exhibit Ex. 3, # 5 Exhibit Ex. 4) (Mersino, Erin) (Entered: 05/09/2013)

1 Index of Exhibits Index of Exhibits

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2 Exhibit Ex. 1

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3 Exhibit Ex. 2

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4 Exhibit Ex. 3

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5 Exhibit Ex. 4

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May 9, 2013 PACER

Minute Entry - Telephonic Status Conference held on 5/14/2013 before District Judge Paul D. Borman. (Court Reporter Leann Lizza) (DTof)

May 14, 2013 PACER
11

NOTICE OF HEARING on 10 MOTION for Temporary Restraining Order . Responses due by 5/23/2013 Replies due by 5/24/2013 Motion Hearing set for 5/29/2013 03:30 PM before District Judge Paul D. Borman (DTof) (Entered: 05/14/2013)

May 14, 2013 PACER
12

MOTION for Extension of Time to File Answer or motion in response to plaintiffs' Complaint by All Defendants. (Humphreys, Bradley) (Entered: 05/17/2013)

May 17, 2013 PACER
13

NOTICE by All Parties re 10 MOTION for Temporary Restraining Order That the Parties Consider Oral Argument To Be Unnecessary (Humphreys, Bradley) (Entered: 05/17/2013)

May 17, 2013 PACER
14

ORDER granting 12 Motion for Extension of Time to Answer filed by All Defendants - see order for deadline. Signed by District Judge Paul D. Borman. (DTof) (Entered: 05/20/2013)

May 20, 2013 PACER

Set Deadlines/Hearings: TELEPHONIC Status Conference set for 5/21/2013 01:30 PM before District Judge Paul D. Borman. *Plaintiff initiates* (DTof)

May 21, 2013 PACER

Minute Entry - Telephonic Status Conference held on 5/21/2013 before District Judge Paul D. Borman. (Court Reporter Leann Lizza) (DTof)

May 21, 2013 PACER
15

ORDER Confirming Telephone Conference Order of May 21, 2013. Signed by District Judge Paul D. Borman. (DTof) (Entered: 05/23/2013)

May 23, 2013 PACER
16

RESPONSE to 10 MOTION for Temporary Restraining Order and Preliminary Injunction filed 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 Eden Foods v. Sebelius (E.D. Mich.), # 9 Exhibit Annex Med., Inc. v. Sebelius (D. Minn.), # 10 Exhibit Annex Med., Inc. v. Sebelius (D. Minn. - Denying Motion for an Injunction Pending Appeal), # 11 Exhibit Grote Indus., Inc. v. Sebelius (S.D. Ind.), # 12 Exhibit Grote Indus., Inc. v. Sebelius (S.D. Ind. - Denying Motion for Reconsideration), # 13 Exhibit Korte v. U.S. Dep't of Health and Human Servs (S.D. Ill.), # 14 Exhibit Gilardi v. Sebelius (D.D.C.)) (Humphreys, Bradley) (Entered: 05/23/2013)

1 Index of Exhibits

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2 Exhibit Autocam Corp. v. Sebelius (6th Cir.)

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3 Exhibit Autocam Corp. v. Sebelius (6th Cir. - Denying Motion for Reconsideration

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4 Exhibit Autocam Corp. v. Sebelius (W.D. Mich.)

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5 Exhibit Hobby Lobby v. Sebelius (10th Cir.)

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6 Exhibit Conestoga Wood Specialities Corp. v. Sebelius (3d Cir.)

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7 Exhibit Conestoga Wood Specialities Corp. v. Sebelius (E.D. Pa.)

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8 Exhibit Eden Foods v. Sebelius (E.D. Mich.)

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9 Exhibit Annex Med., Inc. v. Sebelius (D. Minn.)

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10 Exhibit Annex Med., Inc. v. Sebelius (D. Minn. - Denying Motion for an Injunctio

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11 Exhibit Grote Indus., Inc. v. Sebelius (S.D. Ind.)

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12 Exhibit Grote Indus., Inc. v. Sebelius (S.D. Ind. - Denying Motion for Reconside

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13 Exhibit Korte v. U.S. Dep't of Health and Human Servs (S.D. Ill.)

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14 Exhibit Gilardi v. Sebelius (D.D.C.)

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May 23, 2013 PACER
17

MOTION for Leave to File Amicus Curiae Brief by American Civil Liberties Union of Michigan, American Civil Liberties Union. (Attachments: # 1 Exhibit A, Amicus Curiae Brief) (Steinberg, Michael) (Entered: 05/23/2013)

1 Exhibit A, Amicus Curiae Brief

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May 23, 2013 PACER
18

NOTICE of Appearance by Michael J. Steinberg on behalf of American Civil Liberties Union of Michigan. (Steinberg, Michael) (Entered: 05/23/2013)

May 23, 2013 PACER
19

REPLY to Response re 10 MOTION for Temporary Restraining Order and Preliminary Injunction filed by All Plaintiffs. (Mersino, Erin) (Entered: 05/24/2013)

May 24, 2013 PACER
20

EXHIBIT Supplementary Exhibits in Support of Plaintiffs' Motion for a Temporary Restraining Order and Preliminary Injunction re 15 Order by All Plaintiffs (Attachments: # 1 Index of Exhibits Index of Exhibits, # 2 Exhibit Exhibit 1, # 3 Exhibit Exhibit 2, # 4 Exhibit Exhibit 3) (Mersino, Erin) (Entered: 05/24/2013)

1 Index of Exhibits Index of Exhibits

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2 Exhibit Exhibit 1

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3 Exhibit Exhibit 2

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4 Exhibit Exhibit 3

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May 24, 2013 PACER

Minute Entry - Motion Hearing held on 5/29/2013 re 10 MOTION for Temporary Restraining Order filed by Rodney A. Mersino, Karen A. Mersino, Mersino Management Company before District Judge Paul D. Borman. Disposition: Taken under advisement(Court Reporter Leann Lizza) (DTof)

May 29, 2013 PACER

TEXT-ONLY ORDER GRANTING 17 MOTION for Leave to File Amicus Curiae Brief filed by American Civil Liberties Union, American Civil Liberties Union of Michigan AND DEEMING BRIEF AS FILED. Signed by District Judge Paul D. Borman. (DTof)

May 29, 2013 PACER
21

RESPONSE to 17 MOTION for Leave to File Amicus Curiae Brief filed by All Plaintiffs. (Attachments: # 1 Index of Exhibits Index of Exhibits, # 2 Exhibit Exhibit A) (Mersino, Erin) [DOCKET ERROR-WRONG IMAGE UPLOADED WILL REFILE] Modified on 5/30/2013 (TMcg). (Entered: 05/30/2013)

1 Index of Exhibits Index of Exhibits

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2 Exhibit Exhibit A

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May 30, 2013 PACER
22

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)

May 30, 2013 PACER
23

EXHIBIT Supplementary Exhibit re 10 MOTION for Temporary Restraining Order by All Plaintiffs (Attachments: # 1 Index of Exhibits Index of Exhibits, # 2 Exhibit Exhibit 1) (Mersino, Erin) (Entered: 05/30/2013)

1 Index of Exhibits Index of Exhibits

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2 Exhibit Exhibit 1

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May 30, 2013 PACER
24

RESPONSE to 17 MOTION for Leave to File Amicus Curiae Brief filed by All Plaintiffs. (Attachments: # 1 Index of Exhibits Index of Exhibits, # 2 Exhibit Exhibit A) (Mersino, Erin) (Entered: 05/30/2013)

1 Index of Exhibits Index of Exhibits

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2 Exhibit Exhibit A

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May 30, 2013 PACER
25

ORDER Requiring Plaintiffs to Comply with Court's May 29, 2013 Order. Signed by District Judge Paul D. Borman. (DTof) (Entered: 06/04/2013)

June 4, 2013 PACER
26

EXHIBIT re 25 Order by All Plaintiffs (Attachments: # 1 Index of Exhibits Index of Exhibits, # 2 Exhibit Exhibit 1) (Mersino, Erin) (Entered: 06/05/2013)

1 Index of Exhibits Index of Exhibits

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2 Exhibit Exhibit 1

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June 5, 2013 PACER
27

NOTICE of Appearance by Jennifer Lee on behalf of American Civil Liberties Union, American Civil Liberties Union of Michigan. (Lee, Jennifer) (Entered: 06/07/2013)

June 7, 2013 PACER
28

NOTICE by All Plaintiffs Notice of Supplemental Authority (Attachments: # 1 Index of Exhibits Index of Exhibits, # 2 Exhibit Exhibit 1, # 3 Exhibit Exhibit 2, # 4 Exhibit Exhibit 3) (Mersino, Erin) (Entered: 07/01/2013)

1 Index of Exhibits Index of Exhibits

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2 Exhibit Exhibit 1

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3 Exhibit Exhibit 2

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4 Exhibit Exhibit 3

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July 1, 2013 PACER
29

OPINION AND ORDER denying 10 Motion for TRO and Preliminary Injunction. Signed by District Judge Paul D. Borman. (DTof) (Entered: 07/11/2013)

July 11, 2013 RECAP
30

NOTICE OF APPEAL by All Plaintiffs re 29 Order on Motion for TRO. Receipt No: 0645-4187291 - Fee: $ 455 - Fee Status: Fee Paid. (Mersino, Erin) (Entered: 07/11/2013)

July 11, 2013 PACER
31

Certificate of Service re 30 Notice of Appeal. (DWor) (Entered: 07/12/2013)

July 12, 2013 PACER
32

Joint MOTION to Stay District Court Proceedings Pending Appeal by Seth D. Harris, Jack Lew, Karen A. Mersino, Rodney A. Mersino, Mersino Management Company, Kathleen Sebelius, United States Department of Health and Human Services, United States Department of Labor, United States Department of Treasury. (Humphreys, Bradley) (Entered: 07/17/2013)

July 17, 2013 PACER
33

ORDER granting 32 Motion to Stay. Signed by District Judge Paul D. Borman. (DTof) (Entered: 07/31/2013)

July 31, 2013 PACER
34

TRANSCRIPT of Telephone Conference held on 05/21/2013. (Court Reporter: Leann S. Lizza) (Number of Pages: 15) The parties have 21 days to file with the court and Court Reporter a Redaction Request of this transcript. If no request is filed, the transcript may be made remotely electronically available to the public without redaction after 90 days. Redaction Request due 10/15/2013. Redacted Transcript Deadline set for 10/25/2013. Release of Transcript Restriction set for 12/23/2013. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date, the transcript is publicly available. (Lizza, L.) (Entered: 09/24/2013)

Sept. 24, 2013 PACER
35

ORDER from U.S. Court of Appeals - Sixth Circuit re 30 Notice of Appeal filed by Rodney A. Mersino, Karen A. Mersino, Mersino Management Company [Appeal Case Number 13-1944] (KKra) (Entered: 07/18/2014)

July 9, 2014 RECAP
38

ORDER from U.S. Court of Appeals - Sixth Circuit re 30 Notice of Appeal filed by Rodney A. Mersino, Karen A. Mersino, Mersino Management Company [Appeal Case Number 13-1944] (KCla) (Entered: 02/12/2015)

Jan. 28, 2015 RECAP
36

Joint MOTION to Reopen Case and Enter Judgment by All Defendants. (Humphreys, Bradley) (Entered: 02/03/2015)

Feb. 3, 2015 PACER
37

INJUNCTION AND JUDGMENT - Signed by District Judge Paul D. Borman. (DTof) (Entered: 02/04/2015)

Feb. 4, 2015 PACER
39

NOTICE by All Plaintiffs Joint Status Report (Mersino, Erin) (Entered: 03/13/2015)

March 13, 2015 PACER
42

MANDATE from U.S. Court of Appeals - Sixth Circuit as to 30 Notice of Appeal filed by Rodney A. Mersino, Karen A. Mersino, Mersino Management Company [Appeal Case Number 13-1944] (KCla) (Entered: 04/01/2015)

March 23, 2015 PACER
40

NOTICE of Appearance by Ben Berwick on behalf of All Defendants. (Berwick, Ben) (Entered: 03/27/2015)

March 27, 2015 PACER
41

STIPULATED ORDER re 39 Notice (Other) filed by Rodney A. Mersino, Karen A. Mersino, Mersino Management Company. Signed by District Judge Paul D. Borman. (DTof) (Entered: 03/31/2015)

March 31, 2015 PACER
43

NOTICE by All Plaintiffs Joint Status Report (Mersino, Erin) (Entered: 05/12/2015)

May 12, 2015 PACER
44

NOTICE by All Plaintiffs Joint Status Report (Mersino, Erin) (Entered: 05/12/2015)

May 12, 2015 PACER

State / Territory: Michigan

Case Type(s):

Speech and Religious Freedom

Special Collection(s):

Contraception Insurance Mandate

Key Dates

Filing Date: March 22, 2013

Closing Date: 2015

Case Ongoing: No

Plaintiffs

Plaintiff Description:

A for-profit company that believes the Affordable Care Act's contraception insurance mandate violates the owner's religious freedom

Plaintiff Type(s):

Closely-held (for profit) corporation

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

U.S. Department of Labor, Federal

U.S. Department of the Treasury, Federal

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

Defendant Type(s):

Hospital/Health Department

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):

Due Process

Free Exercise Clause

Establishment 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

Attorneys fees

Preliminary injunction / Temp. restraining order

Source of Relief:

Litigation

Order Duration: 2015 - None

Content of Injunction:

Preliminary relief granted

Preliminary relief denied

Discrimination Prohibition

Issues

General:

Contraception

Discrimination-basis:

Religion discrimination

Type of Facility:

Non-government for profit