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

Clearinghouse coding complete

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, ask…

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.

Summary Authors

Emma Lawton (11/25/2013)

Mallory Jones (2/9/2014)

Kate Craddock (7/24/2016)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4195973/parties/briscoe-v-sebelius/


Judge(s)

Daniel, Wiley Young (Colorado)

Attorneys(s) for Plaintiff

Aden, Steven H. (Virginia)

Cortman, David A. (Georgia)

Decker, Natalie L (Colorado)

Norton, Michael Jeffrey (Colorado)

Attorneys(s) for Defendant

Humphreys, Bradley Philip (District of Columbia)

Other Attorney(s)

Active

Active

Expert/Monitor/Master

Bowman, Matthew S. (District of Columbia)

Judge(s)

Daniel, Wiley Young (Colorado)

Attorneys(s) for Plaintiff

Aden, Steven H. (Virginia)

Cortman, David A. (Georgia)

Decker, Natalie L (Colorado)

Norton, Michael Jeffrey (Colorado)

Attorneys(s) for Defendant

Humphreys, Bradley Philip (District of Columbia)

Other Attorney(s)

Rich, Sara J. (Colorado)

Silverstein, Mark (Colorado)

Expert/Monitor/Master

Bowman, Matthew S. (District of Columbia)

Documents in the Clearinghouse

Document

District of CO (U.S.)

May 6, 2016 Docket
2

Complaint

Feb. 4, 2013 Complaint
25

Order Denying Temporary Restraining Order

927 F.Supp.2d 1109, 2013 WL 755413, 2013 U.S.Dist.LEXIS 26911

Feb. 27, 2013 Order/Opinion
41

Order Deferring Pending Motions

2013 WL 3357667, 2013 U.S.Dist.LEXIS 93607

July 3, 2013 Order/Opinion
49

Order Granting Preliminary Injunction

2013 WL 4781711, 2013 U.S.Dist.LEXIS 127510

Sept. 6, 2013 Order/Opinion
70

Injunction and Partial Judgment

Briscoe et. al. v. Sebelius

Jan. 27, 2015 Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4195973/briscoe-v-sebelius/

Last updated May 11, 2022, 8 p.m.

ECF Number Description Date Link
1

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

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Feb. 4, 2013 PACER
2

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

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Feb. 4, 2013 RECAP
3

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)

Feb. 4, 2013 PACER
4

Case assigned to Judge Wiley Y. Daniel and drawn to Magistrate Judge Boyd N. Boland. Text Only Entry. (agarc, ) (Entered: 02/04/2013)

Feb. 4, 2013 PACER
5

Magistrate Judge Consent Form issued. (agarc, ) (Entered: 02/04/2013)

Feb. 4, 2013 PACER
6

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

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2 Summons

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Feb. 5, 2013 PACER
7

ORDER REFERRING CASE to Magistrate Judge Boyd N. Boland by Judge Wiley Y. Daniel on 2/6/13. (wydcd, rrk) (Entered: 02/06/2013)

Feb. 6, 2013 PACER
8

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)

Feb. 6, 2013 PACER
9

SUMMONS issued by Clerk. (sgrim) (Entered: 02/06/2013)

Feb. 6, 2013 PACER
10

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)

Feb. 6, 2013 PACER
11

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)

Feb. 6, 2013 PACER
12

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)

Feb. 8, 2013 PACER
13

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)

Feb. 12, 2013 RECAP
14

NOTICE of Entry of Appearance by Bradley Philip Humphreys on behalf of All Defendants (Humphreys, Bradley) (Entered: 02/15/2013)

Feb. 15, 2013 PACER
15

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

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Feb. 15, 2013 PACER
16

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

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2 Proposed Order (PDF Only)

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Feb. 19, 2013 PACER
17

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)

Feb. 19, 2013 PACER
18

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)

Feb. 21, 2013 PACER
19

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

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2 Corporate Disclosure Statement

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Feb. 22, 2013 PACER
20

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)

Feb. 22, 2013 PACER
21

NOTICE of Entry of Appearance by Sara J. Rich on behalf of American Civil Liberties Union (Rich, Sara) (Entered: 02/22/2013)

Feb. 22, 2013 PACER
22

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)

Feb. 22, 2013 PACER
23

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)

Feb. 22, 2013 PACER
24

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)

Feb. 25, 2013 RECAP
25

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)

Feb. 27, 2013 RECAP
26

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)

Feb. 28, 2013 PACER
27

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)

March 7, 2013 PACER
28

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)

April 3, 2013 PACER
29

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)

April 8, 2013 PACER
30

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)

April 8, 2013 PACER
31

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)

April 15, 2013 PACER
32

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)

April 16, 2013 PACER
33

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)

April 22, 2013 PACER
34

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)

April 24, 2013 PACER
35

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)

April 29, 2013 PACER
36

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)

June 2, 2013 PACER
37

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)

June 3, 2013 PACER
38

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)

June 3, 2013 PACER
39

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)

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July 1, 2013 PACER
40

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)

July 2, 2013 PACER
41

ORDER. ORDERED that a ruling on all pending motions in this case is DEFERRED until Judge Heaton issues a ruling on the plaintiffs motion for preliminary injunction in Hobby Lobby Stores, Inc. v. Sebelius, 12-cv-01000-HE (W.D. Okla.) ORDERED that the parties shall not telephone or otherwise contact chambers regarding this matter since there have been excessive and unproductive communications with my staff. If the parties seek clarification regarding any issue, they must file a motion. Failure to comply with this directive could result in the imposition of sanctions by Judge Wiley Y. Daniel on 07/03/13.(jjhsl, ) (Entered: 07/03/2013)

July 3, 2013 RECAP
42

Second MOTION for Preliminary Injunction by Plaintiffs Stephen W. Briscoe, Continuum Health Management, LLC, Continuum Health Partnerships, Inc., Mountain States Health Properties, LLC. (Attachments: # 1 Exhibit A)(Norton, Michael) (Entered: 07/22/2013)

1 Exhibit A

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July 22, 2013 PACER
43

BRIEF in Opposition to 42 Second MOTION for Preliminary Injunction 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: 08/01/2013)

Aug. 1, 2013 PACER
44

ORDER that a hearing regarding the limited issue set forth in this Order is set for 9/5/2013 at 03:00 PM in Courtroom A1002 before Judge Wiley Y. Daniel. by Judge Wiley Y. Daniel on 8/27/2013. (trlee, ) (Entered: 08/27/2013)

Aug. 27, 2013 RECAP
45

RESPONSE to 44 Order Dated August 27, 2013 by Plaintiffs Stephen W. Briscoe, Continuum Health Management, LLC, Continuum Health Partnerships, Inc., Mountain States Health Properties, LLC. (Norton, Michael) (Entered: 08/28/2013)

Aug. 28, 2013 PACER
46

Unopposed MOTION for Leave to Appear Telephonically re: 44 Order 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: 09/03/2013)

Sept. 3, 2013 PACER
47

RESPONSE to 44 Order 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: 09/03/2013)

Sept. 3, 2013 PACER
48

MINUTE ORDER granting 46 Motion for Leave to Appear Telephonically by Judge Wiley Y. Daniel on 09/04/13.(jjhsl, ) (Entered: 09/04/2013)

Sept. 4, 2013 RECAP
50

MINUTE ENTRY for Motion Hearing held on 9/5/2013 proceedings held before Judge Wiley Y. Daniel. Granting 15 Plaintiffs Motion for Preliminary Injunction. Denying as moot 34 Plaintiffs Motion for an Order or, in the Alternative, Request to Set Motion for Preliminary Injunction for Hearing. Denying as moot 39 Plaintiffs Motion for an Order or, in the Alternate, Request to Set Plaintiffs Preliminary Injunction Motion for Hearing and Request for ForthwithConsideration. Denying as moot 40 Plaintiffs Emergency Application for a Temporary Restraining Order Pending the Courts Ruling on Plaintiffs Motion for Preliminary Injunction and Request for Forthwith Consideration. Granting 42 Plaintiffs Second Emergency Application for Temporary Restraining OrderPending the Courts Ruling on Plaintiffs Motion for Preliminary Inunction or, in the Alternative, a Request for Preliminary Injunction and Request for Forthwith Consideration. Court indicates a written order to follow. Court Reporter: Mary George. (wydcd, rrk) (Entered: 09/09/2013)

Sept. 5, 2013 PACER
49

ORDER. Ordered that the Plaintiffs' Motion For Preliminary Injunction 15 is Granted. Ordered that Second Motion for Preliminary Injunction 42 is Granted. Ordered that Motions 34, 39 and 40 are Denied as Moot. ORDERED that the Government shall immediately, upon notice, inform the Court whether it seeks to appeal either the Tenth Circuits Hobby Lobby decision and/or Judge Heatons order issuing a preliminary injunction in Hobby Lobby Stores, Inc. v. Sebelius, 12-cv-01000-HE (W.D. Okla.) by Judge Wiley Y. Daniel on 09/06/13.(jjhsl, ) (Entered: 09/06/2013)

Sept. 6, 2013 RECAP
51

NOTICE of Filing a Petition for a Writ of Certiorari and Notice of Appeal in Hobby Lobby Stores, Inc. v. Sebelius 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: 09/26/2013)

Sept. 26, 2013 PACER
52

MOTION for Summary Judgment by Plaintiffs Stephen W. Briscoe, Continuum Health Management, LLC, Continuum Health Partnerships, Inc., Mountain States Health Properties, LLC. (Norton, Michael) (Entered: 10/02/2013)

Oct. 2, 2013 PACER
53

MOTION to Stay Case in Light of Lapse of Appropriations 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: 10/02/2013)

Oct. 2, 2013 PACER
54

TRANSCRIPT of Motions Hearing held on February 25, 2013 before Judge Daniel. Pages: 1-65. <br><br> NOTICE - REDACTION OF TRANSCRIPTS: Within seven calendar days of this filing, each party shall inform the Court, by filing a Notice of Intent to Redact, of the party's intent to redact personal identifiers from the electronic transcript of the court proceeding. If a Notice of Intent to Redact is not filed within the allotted time, this transcript will be made electronically available after 90 days. Please see the Notice of Electronic Availability of Transcripts document at www.cod.uscourts.gov.<br> Transcript may only be viewed at the court public terminal or purchased through the Court Reporter/Transcriber prior to the 90 day deadline for electronic posting on PACER. Release of Transcript Restriction set for 1/6/2014. (Hoffschildt, Tamara) (Entered: 10/03/2013)

Oct. 3, 2013 PACER
55

Unopposed MOTION to Stay District Court Proceedings 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: 10/17/2013)

Oct. 17, 2013 PACER
56

MINUTE ORDER. ORDERED that the Government's motion 55 is GRANTED for the reasons contained in the motion. ORDERED that this action is STAYED pending the Supreme Court of the United States' disposition of the Governments petition for writ of certiorari in Hobby Lobby Stores, Inc. v. Sebelius. ORDERED that this stay is EFFECTIVE IMMEDIATELY and SHALL LAST for 14 days after the Supreme Court's decision in Hobby Lobby. The Government shall file a Status Report apprising this Court of the Supreme Court's decision within 7 days of the decision. ORDERED that the Governments Motion For A Stay Of Case In Light Of Lapse In Appropriations 53 is DENIED AS MOOT by Judge Wiley Y. Daniel on 10/21/13.(jjhsl, ) (Entered: 10/21/2013)

Oct. 21, 2013 RECAP
57

NOTICE OF APPEAL as to 49 Order on Motion for Order,,,,,, Order on Motion for TRO,,, Order on Motion for Preliminary Injunction,,,,, 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: 11/05/2013)

Nov. 5, 2013 PACER
58

LETTER Transmitting Notice of Appeal to all counsel advising of the transmittal of the 57 Notice of Appeal, 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 to the U.S. Court of Appeals. ( Retained Counsel, Fee not paid,) (Attachments: # 1 Docket Sheet, # 2 Preliminary Record)(dbrow, ) (Entered: 11/05/2013)

1 Docket Sheet

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2 Preliminary Record

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Nov. 5, 2013 PACER
59

USCA Case Number 13-1461 for 57 Notice of Appeal, 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. (dbrow, ) (Entered: 11/06/2013)

Nov. 6, 2013 PACER
60

ORDER of USCA as to 57 Notice of Appeal, 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. Proceedings in this appeal are ABATED pending further order of this court. (USCA Case No. 13-1461) (dbrow, ) (Entered: 11/26/2013)

Nov. 7, 2013 PACER
61

ORDER of USCA as to 57 Notice of Appeal, 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. The previously ordered abatement in this appeal remains in place.(USCA Case No. 13-1461) (dbrow, ) (Entered: 11/27/2013)

Nov. 26, 2013 PACER
62

ORDER of USCA as to 57 Notice of Appeal, 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. Accordingly, the abatement of this appeal is lifted and proceedings will resume. (USCA Case No. 13-1461) (dbrow, ) (Entered: 07/02/2014)

July 2, 2014 PACER
63

ORDER of USCA as to 57 Notice of Appeal, 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. This appeal are ABATED until August 13, 2014. (USCA Case No. 13-1461) (dbrow, ) (Modified on 7/18/2014 to add text)(dbrow, ). (Entered: 07/18/2014)

July 14, 2014 PACER
64

ORDER of USCA as to 57 Notice of Appeal, 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. This appeal will remain abated until September 5, 2014. (USCA Case No. 13-1461) (dbrow, ) (Entered: 08/18/2014)

Aug. 12, 2014 PACER
65

ORDER of USCA as to 57 Notice of Appeal, 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. Appeal Dismissed (USCA Case No. 13-1461) (evana, ) (Entered: 09/08/2014)

Sept. 4, 2014 PACER
66

MANDATE of USCA as to 57 Notice of Appeal, 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 : (USCA Case No. 13-1461) (evana, ) (Entered: 09/08/2014)

Sept. 4, 2014 PACER
67

ORDER of USCA as to 57 Notice of Appeal, 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. (USCA Case No. 13-1461) (evana, ) (Entered: 09/09/2014)

Sept. 4, 2014 PACER
68

ORDER Denying as moot 52 Plaintiffs Motion for Summary Judgment, by Judge Wiley Y. Daniel on 1/12/2015.(evana, ) (Entered: 01/12/2015)

Jan. 12, 2015 RECAP
69

Unopposed MOTION for Permanent Injunction on Plaintiffs' First Claim For Relief by Plaintiffs Stephen W. Briscoe, Continuum Health Management, LLC, Continuum Health Partnerships, Inc., Mountain States Health Properties, LLC. (Attachments: # 1 Proposed Order (PDF Only) Proposed Injunction and Judgment)(Norton, Michael) (Entered: 01/20/2015)

1 Proposed Order (PDF Only) Proposed Injunction and Judgment

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Jan. 20, 2015 PACER
70

INJUNCTION and Partial Judgment, by Judge Wiley Y. Daniel on 1/27/2015.(evana, ) (Entered: 01/27/2015)

Jan. 27, 2015 RECAP
71

REASSIGNING MAGISTRATE JUDGE. This action is reassigned to Magistrate Judge Nina Y. Wang, upon her appointment. All future pleadings should reference Magistrate Judge Wang at the end of the civil action number (such as 15-cv-00001-REB-NYW). Unless otherwise ordered, the dates and times for all previously scheduled matters will be maintained and will now be handled by Magistrate Judge Wang in Courtroom C-205. Her chambers are located in Room C-254 of the Byron G. Rogers Courthouse. Her telephone number is 303-335-2600. (Text only entry) (kweck) Modified on 2/10/2015 to correct courtroom/chambers number (kweck). (Entered: 02/09/2015)

Feb. 9, 2015 PACER
72

ORDER TO SHOW CAUSE by Magistrate Judge Nina Y. Wang on 4/5/16. The Parties will FILE dismissal papers no later than April 19, 2016; or, alternatively, Plaintiff shall SHOW CAUSE, if any there be, in writing and on or before April 19, 2016, why this case should not be dismissed pursuant to D.C.COLO.LCivR 41.1 for lack of prosecution. (bsimm, ) (Entered: 04/05/2016)

April 5, 2016 PACER
73

Joint STATUS REPORT by Plaintiffs Stephen W. Briscoe, Continuum Health Management, LLC, Continuum Health Partnerships, Inc., Mountain States Health Properties, LLC. (Bowman, Matthew) (Entered: 04/12/2016)

April 12, 2016 PACER
74

MOTION to Withdraw as Attorney of Record for Plaintiffs by Plaintiffs Stephen W. Briscoe, Continuum Health Management, LLC, Continuum Health Partnerships, Inc., Mountain States Health Properties, LLC. (Norton, Michael) (Entered: 04/15/2016)

April 15, 2016 PACER
75

MEMORANDUM regarding 74 MOTION to Withdraw as Attorney of Record for Plaintiffs filed by Stephen W. Briscoe, Continuum Health Partnerships, Inc., Mountain States Health Properties, LLC, Continuum Health Management, LLC. Motion referred to Magistrate Judge Nina Y. Wang by Judge Wiley Y. Daniel on 4/15/16. Text Only Entry (rkeec) (Entered: 04/15/2016)

April 15, 2016 PACER
76

MINUTE ORDER by Magistrate Judge Nina Y. Wang on 4/15/16. The Motion to Withdraw as Attorney of Record for Plaintiffs 74 is GRANTED. Attorney Michael Jeffrey Norton is withdrawn as counsel of record for Plaintiffs and is to be removed from electronic service. Text Only Entry(bsimm, ) (Entered: 04/15/2016)

April 15, 2016 PACER
77

RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE by Magistrate Judge Nina Y. Wang on 04/25/16. IT IS RECOMMENDED that this case be CLOSED due to resolution of all claims. (nmarb, ) (Entered: 04/25/2016)

April 25, 2016 RECAP
78

ORDER that the Recommendation of United States Magistrate Judge dated April 25, 2016 ECF No. 77 is AFFIRMED and ADOPTED. The case is hereby closed due to the resolution of all claims, and the parties have agreed that all attorneys fees and costs have been settled between them. It is FURTHER ORDERED that the Clerk of Court shall close the case, by Judge Wiley Y. Daniel on 5/3/2016.(evana, ) (Entered: 05/03/2016)

May 3, 2016 RECAP

State / Territory: Colorado

Case Type(s):

Speech and Religious Freedom

Special Collection(s):

Contraception Insurance Mandate

Key Dates

Filing Date: Feb. 4, 2013

Closing Date: 2016

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Christian-owned corporation seeking exemption from the ACA's contraception mandate.

Plaintiff Type(s):

Closely-held (for profit) corporation

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

Jurisdiction-wide

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.

Constitutional Clause(s):

Due Process

Establishment Clause

Free Exercise Clause

Freedom of speech/association

Availably Documents:

Trial Court Docket

Complaint (any)

Monetary Relief

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Attorneys fees

Preliminary injunction / Temp. restraining order

Source of Relief:

Litigation

Content of Injunction:

Preliminary relief granted

Issues

General:

Abortion

Contraception

Religious programs / policies

Discrimination-basis:

Religion discrimination

Type of Facility:

Non-government for profit