Case: American Family Association v. Sebelius

1:13-cv-00032 | U.S. District Court for the Northern District of Mississippi

Filed Date: Feb. 20, 2013

Closed Date: 2013

Clearinghouse coding complete

Case Summary

On February 20, 2013, Christian owners of non-profit organization filed a lawsuit in the U.S. District Court for the Northern District of Mississippi under the First and Fifth Amendments, 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 Center for Religious Freedom and the Liberty Institute, asked the court for both declaratory and…

On February 20, 2013, Christian owners of non-profit organization filed a lawsuit in the U.S. District Court for the Northern District of Mississippi under the First and Fifth Amendments, 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 Center for Religious Freedom and the Liberty Institute, 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 organization to provide employee insurance coverage for abortion-inducing drugs through its group health insurance plan. Claiming that providing this coverage 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 March 19, 2013, plaintiffs filed a motion for preliminary injunction. On April 19, 2013, defendants moved to dismiss the case for lack of jurisdiction.

On July 19, 2013, plaintiffs voluntarily dismissed their case without prejudice against the defendants.

Summary Authors

Emma Lawton (11/17/2013)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/14376712/parties/american-family-association-inc-v-sebelius/


Judge(s)

Aycock, Sharion (Mississippi)

Attorneys(s) for Plaintiff

Butterfield, Justin (Texas)

Kellum, Nathan W (Tennessee)

Mateer, Jeffrey C. (Texas)

Sasser, Hiram S. III (Texas)

Attorneys(s) for Defendant

Pollack, Michael Charles (District of Columbia)

Judge(s)

Aycock, Sharion (Mississippi)

Attorneys(s) for Plaintiff

Butterfield, Justin (Texas)

Kellum, Nathan W (Tennessee)

Mateer, Jeffrey C. (Texas)

Sasser, Hiram S. III (Texas)

Attorneys(s) for Defendant

Pollack, Michael Charles (District of Columbia)

Documents in the Clearinghouse

Document

1:13-cv-00032

Docket (PACER)

American Family Association, Inc. v. Sebelius

July 19, 2013

July 19, 2013

Docket
1

1:13-cv-00032

Complaint for Declarative and Injunctive Relief

Feb. 20, 2013

Feb. 20, 2013

Complaint
33

1:13-cv-00032

Notice of Voluntary Dismissal Pursuant to 41(a)(1)(A)(i)

American Family v. Sebelius

July 19, 2013

July 19, 2013

Notice Letter

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/14376712/american-family-association-inc-v-sebelius/

Last updated July 29, 2022, 3:02 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT, Filing fee $ 350, receipt number MSN100001454, filed by American Family Association, Inc.. (Attachments: # 1 Civil Cover Sheet) (jlm)

Feb. 20, 2013

Feb. 20, 2013

Clearinghouse

NOTICE OF ASSIGNMENT. Case assigned to Judge Aycock and Magistrate Judge Sanders. (jlm)

Feb. 20, 2013

Feb. 20, 2013

PACER
2

Summons Issued as to All Defendants, U.S. Attorney and U.S. Attorney General (jlm)

Feb. 20, 2013

Feb. 20, 2013

PACER
3

First MOTION to Appear Pro Hac Vice ; Attorney Jeffrey C. Mateer,(Paid $100 PHV fee; receipt number 0537-958572) by American Family Association, Inc.. (Kellum, Nathan)

March 19, 2013

March 19, 2013

PACER
4

First MOTION for Preliminary Injunction by American Family Association, Inc.. (Kellum, Nathan)

March 19, 2013

March 19, 2013

PACER
5

AFFIDAVIT re 4 First MOTION for Preliminary Injunction . (Kellum, Nathan)

March 19, 2013

March 19, 2013

PACER
6

MEMORANDUM IN SUPPORT re 4 First MOTION for Preliminary Injunction . (Kellum, Nathan)

March 19, 2013

March 19, 2013

PACER
7

ORDER granting 3 Motion to Appear Pro Hac Vice; Attorney Jeffrey C. Mateer. Signed by U.S. Magistrate Judge David A. Sanders on 3/25/13. (def)

March 25, 2013

March 25, 2013

PACER
8

Summons Issued as to Seth Harris, Jacob Lew, Kathleen Sebelius, United States Department Of the Treasury, United States Department of Health and Human Services, United States Department of Labor, U.S. Attorney and U.S. Attorney General (dlh) (Main Document 8 replaced on 3/26/2013) (dlh).

March 25, 2013

March 25, 2013

PACER
9

Consent MOTION for Extension of Time to File Response/Reply as to 4 First MOTION for Preliminary Injunction by Seth Harris, Jacob Lew, Kathleen Sebelius, United States Department Of the Treasury, United States Department of Health and Human Services, United States Department of Labor. (Pollack, Michael)

April 15, 2013

April 15, 2013

PACER
10

SUMMONS Returned Executed by Nathan W. Kellum on behalf of American Family Association, Inc. Kathleen Sebelius served on 3/29/2013; United States Department Of the Treasury served on 3/29/2013; United States Department of Health and Human Services served on 3/29/2013; United States Department of Labor served on 3/29/2013. (Kellum, Nathan)

April 16, 2013

April 16, 2013

PACER
11

SUMMONS Returned Executed by Nathan W. Kellum on behalf of American Family Association, Inc. Jacob Lew served on 4/8/2013. (Kellum, Nathan)

April 16, 2013

April 16, 2013

PACER

Set/Reset Deadlines: Kathleen Sebelius answer due 5/30/2013; United States Department Of the Treasury answer due 5/30/2013; United States Department of Health and Human Services answer due 5/30/2013; United States Department of Labor answer due 5/30/2013. (dlh)

April 16, 2013

April 16, 2013

PACER

Set/Reset Deadlines: Jacob Lew answer due 6/9/2013. (dlh)

April 16, 2013

April 16, 2013

PACER

TEXT ORDER granting 9 Motion for Extension of Time to File Response/Reply re 4 First MOTION for Preliminary Injunction . Defendants' Responses due by 4/22/2013. No further order shall issue from the court. Signed by District Judge Sharion Aycock on 4/18/2013. (psk)(no document attached)

April 18, 2013

April 18, 2013

PACER
12

SUMMONS Returned Executed by Nathan W. Kellum on behalf of American Family Association, Inc. Seth Harris served on 4/8/2013; Jacob Lew served on 4/11/2013. (Kellum, Nathan)

April 19, 2013

April 19, 2013

PACER
13

RESPONSE in Opposition re 4 First MOTION for Preliminary Injunction filed by Seth Harris, Jacob Lew, Kathleen Sebelius, United States Department Of the Treasury, United States Department of Health and Human Services, United States Department of Labor. (Attachments: # 1 Exhibit Criswell College v. Sebelius, # 2 Exhibit Wenski v. Sebelius, # 3 Exhibit Declaration of Teresa Miller) (Pollack, Michael)

April 19, 2013

April 19, 2013

PACER
14

MEMORANDUM IN OPPOSITION re 13 Response in Opposition to Motion, . (Pollack, Michael)

April 19, 2013

April 19, 2013

PACER
15

MOTION to Dismiss for Lack of Jurisdiction by Seth Harris, Jacob Lew, Kathleen Sebelius, United States Department Of the Treasury, United States Department of Health and Human Services, United States Department of Labor. (Attachments: # 1 Exhibit Criswell College v. Sebelius, # 2 Exhibit Wenski v. Sebelius, # 3 Exhibit Declaration of Teresa Miller) (Pollack, Michael)

April 19, 2013

April 19, 2013

PACER
16

MEMORANDUM IN SUPPORT re 15 MOTION to Dismiss for Lack of Jurisdiction . (Pollack, Michael)

April 19, 2013

April 19, 2013

PACER
17

First MOTION for Extension of Time to file reply re 4 Motion for Preliminary Injunction by American Family Association, Inc.. (Kellum, Nathan) Modified on 4/23/2013 (dlh).

April 23, 2013

April 23, 2013

PACER

TEXT ORDER granting 17 Motion for Extension of Time. Plaintiff's Reply due on or before May 3, 2013. No further order shall issue from the court. Signed by District Judge Sharion Aycock on 4/30/2013. (psk)(no document attached)

April 30, 2013

April 30, 2013

PACER

Set/Reset Deadlines as to 4 First MOTION for Preliminary Injunction . Replies due by 5/3/2013. (dlh)

May 1, 2013

May 1, 2013

PACER
18

REPLY to Response to Motion re 4 First MOTION for Preliminary Injunction filed by American Family Association, Inc.. (Kellum, Nathan)

May 3, 2013

May 3, 2013

PACER
19

MEMORANDUM IN SUPPORT re 18 Reply to Response to 4 Motion for Preliminary Injunction. (Kellum, Nathan) Modified on 5/3/2013 (dlh).

May 3, 2013

May 3, 2013

PACER
20

RESPONSE in Opposition re 15 MOTION to Dismiss for Lack of Jurisdiction filed by American Family Association, Inc.. (Kellum, Nathan)

May 3, 2013

May 3, 2013

PACER
21

MEMORANDUM IN OPPOSITION re 20 Response in Opposition to 15 Motion To Dismiss. (Kellum, Nathan) Modified on 5/3/2013 (dlh).

May 3, 2013

May 3, 2013

PACER
22

REPLY to Response to Motion re 15 MOTION to Dismiss for Lack of Jurisdiction filed by Seth Harris, Jacob Lew, Kathleen Sebelius, United States Department Of the Treasury, United States Department of Health and Human Services, United States Department of Labor. (Attachments: # 1 Exhibit Criswell College v. Sebelius) (Pollack, Michael)

May 8, 2013

May 8, 2013

PACER
23

MEMORANDUM IN SUPPORT re 22 Reply to Response to 15 Motion, to Dismiss for Lack of Jurisdiction. (Pollack, Michael) Modified on 5/8/2013 (dlh).

May 8, 2013

May 8, 2013

PACER
24

SUMMONS Returned Executed by Nathan W. Kellum on behalf of American Family Association, Inc. Jacob Lew served on 4/12/2013. (Kellum, Nathan)

May 16, 2013

May 16, 2013

PACER
25

SUMMONS Returned Executed by Nathan W. Kellum on behalf of American Family Association, Inc. United States Department Of the Treasury served on 4/4/2013. (Kellum, Nathan)

May 16, 2013

May 16, 2013

PACER
26

SUMMONS Returned Executed by Nathan W. Kellum on behalf of American Family Association, Inc. United States Department of Health and Human Services served on 4/2/2013. (Kellum, Nathan)

May 16, 2013

May 16, 2013

PACER
27

SUMMONS Returned Executed by Nathan W. Kellum on behalf of American Family Association, Inc. Kathleen Sebelius served on 4/1/2013. (Kellum, Nathan)

May 16, 2013

May 16, 2013

PACER
28

SUMMONS Returned Executed by Nathan W. Kellum on behalf of American Family Association, Inc. United States Department of Labor served on 4/16/2013. (Kellum, Nathan)

May 16, 2013

May 16, 2013

PACER
29

INITIAL ORDER - RULE 16.1: Telephonic Case Management Conference set for 7/23/2013 at 09:30 AM in Judge Sanders Chambers before Mag. Judge David A. Sanders. Signed by Mag. Judge David A. Sanders on 5/17/2013. (egs)

May 17, 2013

May 17, 2013

PACER
30

BRIEF Letter Brief Re Update in Geneva College v. Sebelius re 4 MOTION for Preliminary Injunction. (Attachments: # 1 Exhibit 1) (Mateer, Jeffrey) Modified on 6/3/2013 (jlm).

May 31, 2013

May 31, 2013

PACER
31

First MOTION to Appear Pro Hac Vice ; Attorney Justin Butterfield,(Paid $100 PHV fee; receipt number 0537-990532) by American Family Association, Inc.. (Mateer, Jeffrey)

June 6, 2013

June 6, 2013

PACER
32

ORDER granting 31 Motion to Appear Pro Hac Vice; Attorney Justin Butterfield for the plaintiff. Signed by U.S. Magistrate Judge David A. Sanders on 6/14/13. (def)

June 14, 2013

June 14, 2013

PACER
33

NOTICE of Voluntary Dismissal by Nathan W. Kellum on behalf of American Family Association, Inc. (Kellum, Nathan)

July 19, 2013

July 19, 2013

PACER

Case Details

State / Territory: Mississippi

Case Type(s):

Speech and Religious Freedom

Special Collection(s):

Contraception Insurance Mandate

Multi-LexSum (in sample)

Key Dates

Filing Date: Feb. 20, 2013

Closing Date: 2013

Case Ongoing: No

Plaintiffs

Plaintiff Description:

A Christian nonprofit, organized for religious purposes, seeking an exemption from the Affordable Care Act's contraception mandate.

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:

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):

Freedom of speech/association

Free Exercise Clause

Establishment Clause

Due Process

Availably Documents:

Trial Court Docket

Complaint (any)

Non-settlement Outcome

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Source of Relief:

Settlement

Form of Settlement:

Voluntary Dismissal

Content of Injunction:

Preliminary relief request withdrawn/mooted

Issues

General:

Contraception

Religious programs / policies

Discrimination-basis:

Religion discrimination

Type of Facility:

Non-government non-profit