Case: Briscoe v. Sebelius

1:13-cv-00285 | U.S. District Court for the District of Colorado

Filed Date: Feb. 4, 2013

Closed Date: 2016

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Case Summary

On February 4, 2013, the Christian owners of a nursing home and assisted-living corporation and the corporation itself filed this lawsuit in the U.S. District Court for the Northern District of Illinois under the First Amendment, the Religious Freedom Restoration Act ("RFRA"), and the Administrative Procedures Act ("APA"), against the U.S. Departments of Health and Human Services, Labor, and the Treasury. The plaintiffs, represented by the Alliance Defending Freedom-DC and private counsel, asked the court for both declaratory and injunctive relief, alleging the federal rules adopted pursuant to the 2010 Patient Protection and Affordable Care Act ("ACA") violated their religious freedom by requiring the corporation to provide employee insurance coverage for contraception through its group health insurance plan. Claiming that providing coverage for contraception would contravene both their Christian faith and compel speech and association contrary to their beliefs, the plaintiffs sought an exemption from the ACA's contraception mandate for themselves and other institutions with similar religious objections.

On February 15, 2013, the plaintiffs filed a motion for a preliminary injunction. On July 3, 2013, U.S. District Judge Daniel issued an order deferring all motions in this case pending resolution upon remand of the plaintiffs' motion for preliminary injunction in Hobby Lobby v. Sebelius.

On September 6, 2013, the court issued an order granting a preliminary injunction. On October 21, 2013, the court issued an order staying the action pending the Supreme Court's disposition of the Government's petition for writ of certiorari in Hobby Lobby v. Sebelius.

On November 5, 2013, the defendants filed a notice of appeal of the preliminary injunction to the Tenth Circuit. On November 7, 2013, the Tenth Circuit granted the defendant's motion to abate the case pending the Supreme Court's decision in Hobby Lobby. On September 4, 2014, following the Supreme Court's decision in Hobby Lobby, the Tenth Circuit granted government's motion to voluntarily dismiss its appeal. On January 27, 2015, the District Court ordered an injunction against the government, prohibiting it from enforcing against the plaintiffs the version of the contraception mandate challenged in Hobby Lobby. The district court also ordered the parties to come to an agreement on attorneys' fees and costs.


1:13-cv-00285	District of CO (U.S.)	May 6, 2016	May 6, 2016 Docket
2 1:13-cv-00285	Complaint	Feb. 4, 2013	Feb. 4, 2013 Complaint
25 1:13-cv-00285	Order Denying Temporary Restraining Order	Feb. 27, 2013	Feb. 27, 2013 Order/Opinion 927 F.Supp.2d 1109
41 1:13-cv-00285	Order Deferring Pending Motions	July 3, 2013	July 3, 2013 Order/Opinion 2013 WL 3357667
49 1:13-cv-00285	Order Granting Preliminary Injunction	Sept. 6, 2013	Sept. 6, 2013 Order/Opinion 2013 WL 4781711
70 1:13-cv-00285	Injunction and Partial Judgment Briscoe et. al. v. Sebelius	Jan. 27, 2015	Jan. 27, 2015 Order/Opinion

ECF Number	Date	Description	Link
1	Feb. 4, 2013	DISCLOSURE STATEMENT filed by Mountain States Health Properties, LLC, Stephen W Briscoe, Continuum Health Management, LLC, Continuum Health Partnerships, Inc. (Attachments: # 1 Civil Cover Sheet)(Norton, Michael) Modified on 2/4/2013 to correct document title and event. No duplicate filing fee received for this filing (agarc, ). (Entered: 02/04/2013) 1 Civil Cover Sheet View on PACER	RECAP
2	Feb. 4, 2013	COMPLAINT against All Defendants (Filing fee $ 350, Receipt Number 1082-3213252), filed by Continuum Health Management, LLC, Continuum Health Partnerships, Inc., Stephen W Briscoe. (Attachments: # 1 Civil Cover Sheet)(Norton, Michael) (Entered: 02/04/2013) 1 Civil Cover Sheet View on PACER	RECAP
3	Feb. 4, 2013	NOTICE OF CASE ASSOCIATION Related Cases by Plaintiffs Stephen W. Briscoe, Continuum Health Management, LLC, Continuum Health Partnerships, Inc., Mountain States Health Properties, LLC (Norton, Michael) (Entered: 02/04/2013)	RECAP
4	Feb. 4, 2013	Case assigned to Judge Wiley Y. Daniel and drawn to Magistrate Judge Boyd N. Boland. Text Only Entry. (agarc, ) (Entered: 02/04/2013)	RECAP
5	Feb. 4, 2013	Magistrate Judge Consent Form issued. (agarc, ) (Entered: 02/04/2013)	RECAP
6	Feb. 5, 2013	SUMMONS REQUEST as to Kathleen Sebelius, Seth D. Harris, Neal Wolin re 2 Complaint, by Plaintiffs Stephen W. Briscoe, Continuum Health Management, LLC, Continuum Health Partnerships, Inc., Mountain States Health Properties, LLC. (Attachments: # 1 Summons, # 2 Summons)(Norton, Michael) (Entered: 02/05/2013) 1 Summons View on PACER 2 Summons View on PACER	RECAP
7	Feb. 6, 2013	ORDER REFERRING CASE to Magistrate Judge Boyd N. Boland by Judge Wiley Y. Daniel on 2/6/13. (wydcd, rrk) (Entered: 02/06/2013)	RECAP
8	Feb. 6, 2013	Administrative Notice: Duplicate filing fee received for Document 1 filed in error as a complaint with receipt number 1082-3213144. Financial notified and filing fee refunded. Text Only Entry. (agarc, ) (Entered: 02/06/2013)	RECAP
9	Feb. 6, 2013	SUMMONS issued by Clerk. (sgrim) (Entered: 02/06/2013)	RECAP
10	Feb. 6, 2013	NOTICE of Entry of Appearance Matthew S. Bowman by Michael Jeffrey Norton on behalf of Stephen W. Briscoe, Continuum Health Management, LLC, Continuum Health Partnerships, Inc., Mountain States Health Properties, LLC (Norton, Michael) (Entered: 02/06/2013)	RECAP
11	Feb. 6, 2013	NOTICE of Entry of Appearance Steven H. Aden by Steven H. Aden on behalf of Stephen W. Briscoe, Continuum Health Management, LLC, Continuum Health Partnerships, Inc., Mountain States Health Properties, LLC (Aden, Steven) (Entered: 02/06/2013)	RECAP
12	Feb. 8, 2013	NOTICE of Entry of Appearance by David Andrew Cortman on behalf of Stephen W. Briscoe, Continuum Health Management, LLC, Continuum Health Partnerships, Inc., Mountain States Health Properties, LLC (Cortman, David) (Entered: 02/08/2013)	RECAP
13	Feb. 12, 2013	ORDER Setting Scheduling Conference for 4/11/2013 10:00 AM in Courtroom A 401 before Magistrate Judge Boyd N. Boland by Magistrate Judge Boyd N. Boland on 02/12/13. (jjhsl, ) (Entered: 02/12/2013)	RECAP
14	Feb. 15, 2013	NOTICE of Entry of Appearance by Bradley Philip Humphreys on behalf of All Defendants (Humphreys, Bradley) (Entered: 02/15/2013)	RECAP
15	Feb. 15, 2013	MOTION for Preliminary Injunction by Plaintiffs Stephen W. Briscoe, Continuum Health Management, LLC, Continuum Health Partnerships, Inc., Mountain States Health Properties, LLC. (Attachments: # 1 Brief in Support of Motion for Preliminary Injunction)(Norton, Michael) (Entered: 02/15/2013) 1 Brief in Support of Motion for Preliminary Injunction View on PACER	RECAP
16	Feb. 19, 2013	MOTION for Temporary Restraining Order by Plaintiffs Stephen W. Briscoe, Continuum Health Management, LLC, Continuum Health Partnerships, Inc., Mountain States Health Properties, LLC. (Attachments: # 1 Continuation of Main Document, # 2 Proposed Order (PDF Only))(Norton, Michael) (Entered: 02/19/2013) 1 Continuation of Main Document View on PACER 2 Proposed Order (PDF Only) View on PACER	RECAP
17	Feb. 19, 2013	MINUTE ORDER re: 16 Plaintiff's MOTION for Temporary Restraining Order. The defendants shall file a response on or before Thursday, February 21, 2013, by 12:00 p.m. Motion Hearing set for 2/25/2013 03:00 PM in Courtroom A1002 before Judge Wiley Y. Daniel. By Judge Wiley Y. Daniel on 2/19/13. (mjgsl, ) (Entered: 02/20/2013)	RECAP
18	Feb. 21, 2013	RESPONSE to 16 MOTION for Temporary Restraining Order filed by Defendants Seth D. Harris, Kathleen Sebelius, United States Department of Health and Human Services, United States Department of Labor, United States Department of the Treasury, Neal Wolin. (Humphreys, Bradley) (Entered: 02/21/2013)	RECAP
19	Feb. 22, 2013	Unopposed MOTION for Leave to File an Amicus Curiae Brief by Amicus American Civil Liberties Union. (Attachments: # 1 Exhibit A-Amicus Curiae Brief, # 2 Corporate Disclosure Statement)(Silverstein, Mark) (Entered: 02/22/2013) 1 Exhibit A-Amicus Curiae Brief View on PACER 2 Corporate Disclosure Statement View on PACER	RECAP
20	Feb. 22, 2013	REPLY to Response to 16 MOTION for Temporary Restraining Order filed by Plaintiffs Stephen W. Briscoe, Continuum Health Management, LLC, Continuum Health Partnerships, Inc., Mountain States Health Properties, LLC. (Norton, Michael) (Entered: 02/22/2013)	RECAP
21	Feb. 22, 2013	NOTICE of Entry of Appearance by Sara J. Rich on behalf of American Civil Liberties Union (Rich, Sara) (Entered: 02/22/2013)	RECAP
22	Feb. 22, 2013	ORDER granting 19 Motion for Leave. The American Civil Liberties Union and the American Civil Liberties Union Foundation of Colorado (collectively "the ACLU") may file an amicus curiae brief in this action. by Judge Wiley Y. Daniel on 2/22/13. Text Only Entry(wydlc3, ) (Entered: 02/22/2013)	RECAP
23	Feb. 22, 2013	BRIEF in Opposition to 15 MOTION for Preliminary Injunction, 16 MOTION for Temporary Restraining Order filed by Amicus American Civil Liberties Union. (Silverstein, Mark) (Entered: 02/22/2013)	RECAP
24	Feb. 25, 2013	MINUTE ENTRY for Motion Hearing held on 2/25/2013 proceedings held before Senior Judge Wiley Y. Daniel. Taking under advisement 16 Motion for TRO. Court Reporter: Tammy Hoffschildt. (wydcd, rrk) (Entered: 02/26/2013)	RECAP
25	Feb. 27, 2013	ORDER. ORDERED that the plaintiffs' Motion for a Temporary Restraining Order 16 is DENIED. ORDERED that the parties shall file a Joint Status Report on or before Tuesday, March 12, 2013, stating whether a Preliminary Injunction Hearing is necessary, and if so, whether supplemental briefing for the hearing is required by Judge Wiley Y. Daniel on 02/27/13.(jjhsl, ) (Entered: 02/27/2013)	RECAP
26	Feb. 28, 2013	SUMMONS Returned Executed by Continuum Health Management, LLC, Continuum Health Partnerships, Inc., Stephen W. Briscoe, Mountain States Health Properties, LLC. Seth D. Harris served on 2/11/2013, answer due 3/4/2013; Kathleen Sebelius served on 2/12/2013, answer due 3/5/2013; United States Department of Health and Human Services served on 2/12/2013, answer due 3/5/2013; United States Department of Labor served on 2/11/2013, answer due 3/4/2013. (Norton, Michael) (Entered: 02/28/2013)	RECAP
27	March 7, 2013	Joint STATUS REPORT by Plaintiffs Stephen W. Briscoe, Continuum Health Management, LLC, Continuum Health Partnerships, Inc., Mountain States Health Properties, LLC. (Norton, Michael) (Entered: 03/07/2013)	RECAP
28	April 3, 2013	MOTION for Hearing/Conference by Plaintiffs Stephen W. Briscoe, Continuum Health Management, LLC, Continuum Health Partnerships, Inc., Mountain States Health Properties, LLC. (Norton, Michael) (Entered: 04/03/2013)	RECAP
29	April 8, 2013	RESPONSE to 28 MOTION for Hearing/Conference filed by Defendants Seth D. Harris, Kathleen Sebelius, United States Department of Health and Human Services, United States Department of Labor, United States Department of the Treasury, Neal Wolin. (Humphreys, Bradley) (Entered: 04/08/2013)	RECAP
30	April 8, 2013	MINUTE ORDER: Scheduling Conference reset to 6/5/2013 at 10:00 AM in Courtroom A 401 before Magistrate Judge Boyd N. Boland. by Magistrate Judge Boyd N. Boland on 4/8/13. (bnbcd, ) (Entered: 04/08/2013)	RECAP
31	April 15, 2013	Unopposed MOTION for Extension of Time to File Answer or Otherwise Respond to Plaintiffs' Complaint by Defendants Seth D. Harris, Kathleen Sebelius, United States Department of Health and Human Services, United States Department of Labor, United States Department of the Treasury, Neal Wolin. (Humphreys, Bradley) (Entered: 04/15/2013)	RECAP
32	April 16, 2013	MINUTE ORDER granting 28 Request Hearing Be Set On Plaintiff's Motion For Preliminary Injunction. ORDERED that the parties shall jointly contact chambers on or before Monday, April 22, 2013, to schedule a hearing on plaintiffs Motion For Preliminary Injunction [ECF No. 15] by Judge Wiley Y. Daniel on 04/16/13.(jjhsl, ) (Entered: 04/16/2013)	RECAP
33	April 22, 2013	MINUTE ORDER granting 31 Motion for Extension of Time to Answer or Otherwise Respond. ORDERED that the defendants shall respond to the plaintiffs' complaint on or before the 30th day after this Court enters a ruling on the plaintiffs' Motion For Preliminary Injunction 15 by Judge Wiley Y. Daniel on 04/22/13.(jjhsl, ) (Entered: 04/22/2013)	RECAP
34	April 24, 2013	MOTION for Order to by Plaintiffs Stephen W. Briscoe, Continuum Health Management, LLC, Continuum Health Partnerships, Inc., Mountain States Health Properties, LLC. (Norton, Michael) (Entered: 04/24/2013)	RECAP
35	April 29, 2013	MINUTE ORDER. ORDERED that the Scheduling Conference set for June 5, 2013, is reset to 3:00 p.m. in Courtroom A 401 before Magistrate Judge Boyd N. Boland by Magistrate Judge Boyd N. Boland on 04/29/13. (jjhsl, ) (Entered: 04/29/2013)	RECAP
36	June 2, 2013	MOTION to Continue June 5, 2013 Scheduling Conference by Defendants Seth D. Harris, Kathleen Sebelius, United States Department of Health and Human Services, United States Department of Labor, United States Department of the Treasury, Neal Wolin. (Humphreys, Bradley) (Entered: 06/02/2013)	RECAP
37	June 3, 2013	MEMORANDUM regarding 36 MOTION to Continue June 5, 2013 Scheduling Conference filed by Neal Wolin, Kathleen Sebelius, United States Department of Health and Human Services, Seth D. Harris, United States Department of the Treasury, United States Department of Labor. Motion referred to Magistrate Judge Boyd N. Boland by Judge Wiley Y. Daniel on 6/3/13. Text Only Entry (wydcd, rrk) (Entered: 06/03/2013)	RECAP
38	June 3, 2013	MINUTES ORDER granting 36 Motion to Continue Scheduling Conference. The Scheduling Conference is VACATED. The parties shall file a status report within seven days of any order resolving the plaintiffs Motion for Preliminary Injunction 15 . by Magistrate Judge Boyd N. Boland on 6/3/13.(bnbcd, ) (Entered: 06/03/2013)	RECAP
39	July 1, 2013	MOTION for Order to be entered by Plaintiffs Stephen W. Briscoe, Continuum Health Management, LLC, Continuum Health Partnerships, Inc., Mountain States Health Properties, LLC. (Attachments: # 1 Proposed Order (PDF Only))(Norton, Michael) (Entered: 07/01/2013) 1 Proposed Order (PDF Only) View on PACER	RECAP
40	July 2, 2013	Emergency MOTION for Temporary Restraining Order Pending the Court's Ruling on Plaintiff's Motion for Preliminary Injunction by Plaintiffs Stephen W. Briscoe, Continuum Health Management, LLC, Continuum Health Partnerships, Inc., Mountain States Health Properties, LLC. (Norton, Michael) (Entered: 07/02/2013)	RECAP

Case: Briscoe v. Sebelius

1:13-cv-00285 | U.S. District Court for the District of Colorado

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