Case: Reaching Souls International Inc. v. Sebelius

5:13-cv-01092 | U.S. District Court for the Western District of Oklahoma

Filed Date: Oct. 11, 2013

Closed Date: 2018

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Case Summary

On October 11, 2013, a non-profit company filed a lawsuit in the Western District of Oklahoma under the Religious Freedom Restoration Act, Administrative Procedure Act and First Amendment against the U.S. Department of Health and Human Services. The plaintiff, represented by the public interest firm The Becket Fund for Religious Liberty, asked the court for an exception to the Affordable Care Act (ACA) mandate requiring employers to provide health insurance coverage for contraception. The plaintiff is suing on behalf of all non-profit, Christian-owned corporations that participate in a health plan provided by GuideStone Financial Resources of the Southern Baptist Convention. These corporations do not already qualify for the religious exception for the ACA's contraception insurance mandate.

On October 25, 2013, the plaintiff filed a motion for preliminary injunction for all similarly-situated corporations, which was granted by United States District Court (Judge Timothy D. DeGiusti) on December 20, 2013. Judge DeGiusti relied on the U.S. Court of Appeals 10th Circuit decision Hobby Lobby v. Sebelius v. Sebelius in granting the motion for preliminary injunction.

In the same order, Judge DeGiusti denied the defendants' motion to dismiss. The plaintiffs had filed a request for class certification in the event the preliminary injunction was denied; as the court granted the preliminary injunction, the motion for class certification was denied as moot on December 23, 2013.

On February 11, 2014, the defendants appealed the Judge DeGiusti's December 20, 2013 order granting the plaintiff's preliminary injunction and denying the defendants' motion to dismiss to the United States Court of Appeals for the Tenth Circuit. On March 26, 2014, the district court stayed proceedings pending the appeal.

On March 31, 2014, the Tenth Circuit declined to consolidate this case with two others before it, Southern Nazarene University v. Sebelius and Little Sisters of the Poor Home for the Aged v. Sebelius, on the government's request. However, on July 14, 2015, the Tenth Circuit (Judges Scott M. Matheson, Monroe G. McKay, and Bobby R. Baldock, dissenting in part) issued an opinion addressing all three cases. Little Sister of the Poor Home for the Aged v. Sebelius, 794 F.3d 1151 (10th Cir. 2015). The court found that the accommodation scheme under the ACA relieves Plaintiffs of their obligations under the Mandate and does not substantially burden their religious exercise under RFRA or infringe upon their First Amendment rights. It therefore reversed the district court's grant of a preliminary injunction to the plaintiffs, and remanded the case to the district court.

The Tenth Circuit's decision reversing the preliminary injunction was vacated and remanded by the U.S. Supreme Court in Zubik v. Burwell, 136 S. Ct. 1557 (2016). In Zubik, the Supreme Court had directed the parties to file supplemental briefs suggesting a solution to their disagreement, in which employees could still receive contraception coverage without employers giving any notice to the government. On May 16, 2016, the Court issued a per curiam order remanding all seven cases to their respective courts of appeals, ordering the lower courts to give the parties time to come to agreement on an approach that that "accommodates petitioners’ religious exercise while at the same time ensuring that women covered by petitioners’ health plans 'receive full and equal health coverage, including contraceptive coverage.'" 136 S.Ct 1557, 1560. The Court took no position on the merits of this case.

After a change in administrations, the defendants moved without opposition for voluntary dismissal and Tenth Circuit dismissed the appeal on October 23, 2017. Back in the district court, the issued status reports indicating they had entered into settlement negotiations with the new Trump administration. On February 16, 2018, the plaintiffs moved for the court to convert the preliminary injunction into a permanent injunction and declaratory relief. The motion stated that the government had now admitted that the mandate violates RFRA.

The court (Judge DeGiusti) entered declaratory relief and issued a permanent injunction on March 15, 2018, enjoining the defendants from "any effort to apply or enforce the substantive requirements of 42 U.S.C. § 300gg-13(a)(4) and any implementing regulations as those requirements relate to the provision of contraceptive drugs, devices, or procedures and related education and counseling to which Plaintiffs have sincerely-held religious objections, and are enjoined and restrained from pursuing, charging, or assessing penalties, fines, assessments, or other enforcement actions for noncompliance related thereto." 2018 WL 1352186. A final judgment was entered in the case on July 17, 2018, with judgment in favor of the plaintiffs on the RFRA claim and any of the plaintiffs' remaining claims dismissed without prejudice.

On August 30, 2018, the plaintiffs filed an unopposed motion for an extension of time to file a bill of costs and motion for attorneys fees. The court granted this on August 31, 2018. As of April 14, 2020, the parties have not filed any further motions and the case is presumed closed.

	Document
5:13-cv-01092	Docket [PACER] Reaching Souls International v. Sebelius	Aug. 31, 2018	Aug. 31, 2018 Docket
1 5:13-cv-01092	Class Action Complaint Reaching Souls International, inc. v. Sebelius	Oct. 11, 2013	Oct. 11, 2013 Complaint
7 5:13-cv-01092	Plainiffs' Motion for Preliminary Injunction Request for Expedited Consideration and Brief in Support	Oct. 25, 2013	Oct. 25, 2013 Pleading / Motion / Brief
51 5:13-cv-01092	Defendants' Motion to Dismiss or, in the alternative, for Summary Judgment and Memorandum in Support and Defendants' Memorandum in Opposition to Plaintiffs' Motion for Preliminary Injunction	Nov. 15, 2013	Nov. 15, 2013 Pleading / Motion / Brief
50 5:13-cv-01092	Defendants' Memorandum in Support of Motion to Dismiss or in the Alternative, for Summary Judgment and Defendants' Memorandum in Opposition to Plaintiffs' Motion for Preliminary Injunction	Nov. 15, 2013	Nov. 15, 2013 Pleading / Motion / Brief
56 5:13-cv-01092	Plaintiffs' Combined Reply in Support of Preliminary Injunction and Opposition to Defendants' Motion to Dismiss and Motion for Summary Judgment	Nov. 27, 2013	Nov. 27, 2013 Pleading / Motion / Brief
59 5:13-cv-01092	Defendants' Reply in Support of Motion to Dismiss or, in the alternative, for Summary Judgment Reaching Souls International Inc. v. Sibelius	Dec. 6, 2013	Dec. 6, 2013 Pleading / Motion / Brief
67 5:13-cv-01092	Memorandum Decision and Order Reaching Souls International Inc v. Sebelius	Dec. 20, 2013	Dec. 20, 2013 Order/Opinion
140 5:13-cv-01092 13-01540	Opinion Reaching Souls International Inc v. Sebelius U. S. Court of Appeals for the Tenth Circuit	July 16, 2015	July 16, 2015 Order/Opinion
14-01418 14-01453 14-01505 15-00035 15-00105 15-00119 15-00191	Opinion Zubik v. Burwell Supreme Court of the United States	May 16, 2016	May 16, 2016 Order/Opinion

ECF Number	Description	Date	Link Date / Link
1	COMPLAINT against Health and Human Services, Department of, Labor, Department of, Jacob J Lew, Thomas E Perez, Kathleen Sebelius, Treasury, Department of filed by Reaching Souls International Inc, Truett-McConnell College Inc, Guidestone Financial Resources of the Southern Baptist Convention. (Attachments: # 1 Exhibit 1 - Women's Preventive Svcs Guidelines, # 2 Exhibit 2 - Birth Control Medicines to Help You, # 3 Exhibit 3 - News Release re HHS, # 4 Exhibit 4 - The Affordable Care Act, # 5 Exhibit 5 - CMS.gov, # 6 Exhibit 6 - Employment Measures, # 7 Civil Cover Sheet)(ap) (Entered: 10/15/2013) 1 Exhibit 1 - Women's Preventive Svcs Guidelines View on PACER 2 Exhibit 2 - Birth Control Medicines to Help You View on PACER 3 Exhibit 3 - News Release re HHS View on PACER 4 Exhibit 4 - The Affordable Care Act View on PACER 5 Exhibit 5 - CMS.gov View on PACER 6 Exhibit 6 - Employment Measures View on PACER 7 Civil Cover Sheet View on PACER	Oct. 11, 2013	Oct. 11, 2013 PACER
2	Summons Issued Electronically as to Health and Human Services, Department of, Labor, Department of, Jacob J Lew, Thomas E Perez, Kathleen Sebelius, Treasury, Department of, U.S. Attorney and U.S. Attorney General (ap) (Entered: 10/15/2013)	Oct. 15, 2013	Oct. 15, 2013 PACER
3	ENTRY of Appearance by J Dillon Curran on behalf of All Plaintiffs (Curran, J) (Entered: 10/15/2013)	Oct. 15, 2013	Oct. 15, 2013 PACER
4	DISCLOSURE STATEMENT - CORPORATE by All Plaintiffs . (Curran, J) (Entered: 10/15/2013)	Oct. 15, 2013	Oct. 15, 2013 PACER
5	NOTICE OF RELATED OR COMPANION CASE by All Plaintiffs (Curran, J) (Entered: 10/15/2013)	Oct. 15, 2013	Oct. 15, 2013 PACER
6	ENTRY of Appearance by Jared D Giddens on behalf of All Plaintiffs (Giddens, Jared) (Entered: 10/15/2013)	Oct. 15, 2013	Oct. 15, 2013 PACER
7	MOTION for Preliminary Injunction, Request for Expedited Consideration, and Brief in Support by All Plaintiffs. (Attachments: # 1 Exhibit 1 - Declaration of Timothy E. Head, # 2 Exhibit 2 - Declaration of Joshua Wells, # 3 Exhibit 3 - Declaration of David Armstrong, # 4 Exhibit 4 - Preliminary Injunction filed USDC-District of New Mexico 11-13-2002)(Giddens, Jared) (Entered: 10/25/2013) 1 Exhibit 1 - Declaration of Timothy E. Head View on PACER 2 Exhibit 2 - Declaration of Joshua Wells View on PACER 3 Exhibit 3 - Declaration of David Armstrong View on PACER 4 Exhibit 4 - Preliminary Injunction filed USDC-District of New Mexico 11-13-2002 View on PACER	Oct. 25, 2013	Oct. 25, 2013 PACER
8	MOTION to Certify Class, Request for Expedited Consideration and Brief in Support by All Plaintiffs. (Attachments: # 1 Exhibit 1 - Declaration of Timothy E. Head, # 2 Exhibit 2 - Declaration of Joshua Wells, # 3 Exhibit 3 - Declaration of David Armstrong, # 4 Exhibit 4 - Declaration of Carl C. Scherz, # 5 Exhibit 5 - Declaration of Mark Rienzi)(Giddens, Jared) (Entered: 10/25/2013) 1 Exhibit 1 - Declaration of Timothy E. Head View on PACER 2 Exhibit 2 - Declaration of Joshua Wells View on PACER 3 Exhibit 3 - Declaration of David Armstrong View on PACER 4 Exhibit 4 - Declaration of Carl C. Scherz View on PACER 5 Exhibit 5 - Declaration of Mark Rienzi View on PACER	Oct. 25, 2013	Oct. 25, 2013 PACER
9	SUMMONS RETURNED EXECUTED by All Plaintiffs. Kathleen Sebelius served on 10/21/2013. (Curran, J) (Entered: 10/28/2013)	Oct. 28, 2013	Oct. 28, 2013 PACER
10	SUMMONS RETURNED EXECUTED by All Plaintiffs. Health and Human Services Department of served on 10/21/2013. (Curran, J) (Entered: 10/28/2013)	Oct. 28, 2013	Oct. 28, 2013 PACER
11	SUMMONS RETURNED EXECUTED by All Plaintiffs. Thomas E Perez served on 10/21/2013. (Curran, J) (Entered: 10/28/2013)	Oct. 28, 2013	Oct. 28, 2013 PACER
12	SUMMONS RETURNED EXECUTED by All Plaintiffs. Labor Department of served on 10/21/2013. (Curran, J) (Entered: 10/28/2013)	Oct. 28, 2013	Oct. 28, 2013 PACER
13	SUMMONS RETURNED EXECUTED by All Plaintiffs. Jacob J Lew served on 10/21/2013. (Curran, J) (Entered: 10/28/2013)	Oct. 28, 2013	Oct. 28, 2013 PACER
14	SUMMONS RETURNED EXECUTED by All Plaintiffs. Department of the Treasury served on 10/21/2013. (Curran, J) (Entered: 10/28/2013)	Oct. 28, 2013	Oct. 28, 2013 PACER
15	SUMMONS RETURNED EXECUTED as to Non-Party for Summons and Complaint served on Eric Holder, United States Attorney General on 10/21/2013, filed by Plaintiffs Guidestone Financial Resources of the Southern Baptist Convention, Reaching Souls International Inc, Truett-McConnell College Inc. (Curran, J) (Entered: 10/28/2013)	Oct. 28, 2013	Oct. 28, 2013 PACER
16	SUMMONS RETURNED EXECUTED as to Non-Party for Summons and Complaint served on Sanford C. Coats, United States Attorney for the Western District of Oklahoma on 10/17/2013, filed by Plaintiffs Guidestone Financial Resources of the Southern Baptist Convention, Reaching Souls International Inc, Truett-McConnell College Inc. (Curran, J) (Entered: 10/28/2013)	Oct. 28, 2013	Oct. 28, 2013 PACER
17	ENTRY of Appearance by Benjamin L Berwick on behalf of All Defendants (Berwick, Benjamin) (Entered: 10/29/2013)	Oct. 29, 2013	Oct. 29, 2013 PACER
18	MOTION to Expedite Hearing on Motions for Preliminary Injunction and Class Certification and for Accelerated Briefing Schedule by All Plaintiffs. (Giddens, Jared) (Entered: 10/30/2013)	Oct. 30, 2013	Oct. 30, 2013 PACER
19	RESPONSE in Opposition re 18 MOTION to Expedite Hearing on Motions for Preliminary Injunction and Class Certification and for Accelerated Briefing Schedule filed by All Defendants. (Attachments: # 1 Proposed Order)(Berwick, Benjamin) (Entered: 10/31/2013) 1 Proposed Order View on PACER	Oct. 31, 2013	Oct. 31, 2013 PACER
20	MOTION for Extension of Time to File Response/Reply as to 8 MOTION to Certify Class, Request for Expedited Consideration and Brief in Support by All Defendants. (Attachments: # 1 Proposed Order)(Berwick, Benjamin) (Entered: 10/31/2013) 1 Proposed Order View on PACER	Oct. 31, 2013	Oct. 31, 2013 PACER
21	MOTION for Leave to File Excess Pages by All Defendants. (Attachments: # 1 Proposed Order)(Berwick, Benjamin) (Entered: 10/31/2013) 1 Proposed Order View on PACER	Oct. 31, 2013	Oct. 31, 2013 PACER
22	ORDER directing Plaintiff to File a Reply no later than 11/7/2013 re 19 Response in Opposition to Motion, filed by Kathleen Sebelius, Labor Department of, Department of the Treasury, Thomas E Perez, Jacob J Lew, Health and Human Services Department of. Signed by Honorable Timothy D. DeGiusti on 11/4/2013. (mb) (Entered: 11/04/2013)	Nov. 4, 2013	Nov. 4, 2013 PACER
23	MOTION for Leave to Appear Pro Hac Vice of Daniel Blomberg by All Plaintiffs. (Curran, J) (Entered: 11/04/2013)	Nov. 4, 2013	Nov. 4, 2013 PACER
24	MOTION for Leave to Appear Pro Hac Vice of Adele Auxier Keim by All Plaintiffs. (Curran, J) (Entered: 11/04/2013)	Nov. 4, 2013	Nov. 4, 2013 PACER
25	MOTION for Leave to Appear Pro Hac Vice of Mark Rienzi by All Plaintiffs. (Curran, J) (Entered: 11/04/2013)	Nov. 4, 2013	Nov. 4, 2013 PACER
26	MOTION for Leave to Appear Pro Hac Vice of Michael Roberts by All Plaintiffs. (Curran, J) (Entered: 11/04/2013)	Nov. 4, 2013	Nov. 4, 2013 PACER
27	MOTION for Leave to Appear Pro Hac Vice of Carl C. Scherz by All Plaintiffs. (Curran, J) (Entered: 11/04/2013)	Nov. 4, 2013	Nov. 4, 2013 PACER
28	REPLY to Response to Motion re 20 MOTION for Extension of Time to File Response/Reply as to 8 MOTION to Certify Class, Request for Expedited Consideration and Brief in Support, 21 MOTION for Leave to File Excess Pages filed by All Plaintiffs. (Attachments: # 1 Exhibit 1 - Declaration of Mark L. Rienzi, # 2 Exhibit 2 - EBSA Form 700 - Certification)(Giddens, Jared) (Entered: 11/04/2013) 1 Exhibit 1 - Declaration of Mark L. Rienzi View on PACER 2 Exhibit 2 - EBSA Form 700 - Certification View on PACER	Nov. 4, 2013	Nov. 4, 2013 PACER
29	REPLY to Response to Motion re 20 MOTION for Extension of Time to File Response/Reply as to 8 MOTION to Certify Class, Request for Expedited Consideration and Brief in Support, 18 MOTION to Expedite Hearing on Motions for Preliminary Injunction and Class Certification and for Accelerated Briefing Schedule (Corrected Exhibit 2) filed by All Plaintiffs. (Attachments: # 1 Exhibit 1 - Declaration of Mark L. Rienzi, # 2 Exhibit 2 - EBSA Form 700 - Certification)(Giddens, Jared) (Entered: 11/04/2013) 1 Exhibit 1 - Declaration of Mark L. Rienzi View on PACER 2 Exhibit 2 - EBSA Form 700 - Certification View on PACER	Nov. 4, 2013	Nov. 4, 2013 PACER
30	UNOPPOSED MOTION for Leave to File Sur-Reply by All Defendants. (Berwick, Benjamin) (Entered: 11/05/2013)	Nov. 5, 2013	Nov. 5, 2013 PACER
31	UNOPPOSED MOTION for Leave Nunc Pro Tunc To File Corrected Pleading And To Strike by All Plaintiffs. (Attachments: # 1 Attachment Proposed Order)(Curran, J) (Entered: 11/05/2013) 1 Attachment Proposed Order View on PACER	Nov. 5, 2013	Nov. 5, 2013 PACER
32	Receipt for Money Received from Guidestone Financial Resources of the Southern Baptist Convention, Reaching Souls International Inc, Truett-McConnell College Inc in the amount of $50.00, receipt number OKW500036183 regarding 23 MOTION for Leave to Appear Pro Hac Vice of Daniel Blomberg (ap) (Entered: 11/05/2013)	Nov. 5, 2013	Nov. 5, 2013 PACER
33	Receipt for Money Received from Guidestone Financial Resources of the Southern Baptist Convention, Reaching Souls International Inc, Truett-McConnell College Inc in the amount of $50.00, receipt number OKW500036184 regarding 24 MOTION for Leave to Appear Pro Hac Vice of Adele Auxier Keim (ap) (Entered: 11/05/2013)	Nov. 5, 2013	Nov. 5, 2013 PACER
34	Receipt for Money Received from Guidestone Financial Resources of the Southern Baptist Convention, Reaching Souls International Inc, Truett-McConnell College Inc in the amount of $50.00, receipt number OKW500036185 regarding 25 MOTION for Leave to Appear Pro Hac Vice of Mark Rienzi (ap) (Entered: 11/05/2013)	Nov. 5, 2013	Nov. 5, 2013 PACER
35	Receipt for Money Received from Guidestone Financial Resources of the Southern Baptist Convention, Reaching Souls International Inc, Truett-McConnell College Inc in the amount of $50.00, receipt number OKW500036186 regarding 26 MOTION for Leave to Appear Pro Hac Vice of Michael Roberts (ap) (Entered: 11/05/2013)	Nov. 5, 2013	Nov. 5, 2013 PACER
36	Receipt for Money Received from Guidestone Financial Resources of the Southern Baptist Convention, Reaching Souls International Inc, Truett-McConnell College Inc in the amount of $50.00, receipt number OKW500036187 regarding 27 MOTION for Leave to Appear Pro Hac Vice of Carl C. Scherz (ap) (Entered: 11/05/2013)	Nov. 5, 2013	Nov. 5, 2013 PACER
37	ORDER granting 23 Motion to Appear Pro Hac Vice of Daniel Blomberg. Signed by Honorable Timothy D. DeGiusti on 11/6/2013. (mb) (Entered: 11/06/2013)	Nov. 6, 2013	Nov. 6, 2013 PACER
38	ORDER granting 24 Motion to Appear Pro Hac Vice of Adele Auxier Keim. Signed by Honorable Timothy D. DeGiusti on 11/6/2013. (mb) (Entered: 11/06/2013)	Nov. 6, 2013	Nov. 6, 2013 PACER
39	ORDER granting 25 Motion to Appear Pro Hac Vice of Mark Rienzi. Signed by Honorable Timothy D. DeGiusti on 11/6/2013. (mb) (Entered: 11/06/2013)	Nov. 6, 2013	Nov. 6, 2013 PACER
40	ORDER granting 26 Motion to Appear Pro Hac Vice of Seth Michael Roberts. Signed by Honorable Timothy D. DeGiusti on 11/6/2013. (mb) (Entered: 11/06/2013)	Nov. 6, 2013	Nov. 6, 2013 PACER

Case: Reaching Souls International Inc. v. Sebelius

5:13-cv-01092 | U.S. District Court for the Western District of Oklahoma

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