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

Clearinghouse coding complete

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 plain…

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.

Summary Authors

Mallory Jones (1/28/2014)

Sarah McDonald (8/13/2018)

Related Cases

Little Sisters of the Poor Home for the Aged v. Sebelius, District of Colorado (2013)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/5081932/parties/reaching-souls-international-inc-v-sebelius/


Judge(s)

DeGiusti, Timothy D. (Oklahoma)

Attorneys(s) for Plaintiff

Blomberg, Daniel Howard (District of Columbia)

Curran, J Dillion (Oklahoma)

Giddens, Jared D (Oklahoma)

Keim, Adele A. (District of Columbia)

Rienzi, Mark (District of Columbia)

Roberts, Seth Michael (Texas)

Scherz, Carl C. (Texas)

Attorneys(s) for Defendant

Bennett, Michelle Renee (District of Columbia)

Berwick, Benjamin Leon (District of Columbia)

Judge(s)

DeGiusti, Timothy D. (Oklahoma)

Attorneys(s) for Plaintiff

Blomberg, Daniel Howard (District of Columbia)

Curran, J Dillion (Oklahoma)

Giddens, Jared D (Oklahoma)

Keim, Adele A. (District of Columbia)

Rienzi, Mark (District of Columbia)

Roberts, Seth Michael (Texas)

Scherz, Carl C. (Texas)

Attorneys(s) for Defendant

Bennett, Michelle Renee (District of Columbia)

Berwick, Benjamin Leon (District of Columbia)

Coats, Sanford (District of Columbia)

Delery, Stuart F. (District of Columbia)

Lieber, Sheila M. (District of Columbia)

Ricketts, Jennifer (District of Columbia)

Documents in the Clearinghouse

Document

Docket [PACER]

Reaching Souls International v. Sebelius

Aug. 31, 2018 Docket
1

Class Action Complaint

Reaching Souls International, inc. v. Sebelius

Oct. 11, 2013 Complaint
7

Plainiffs' Motion for Preliminary Injunction Request for Expedited Consideration and Brief in Support

Oct. 25, 2013 Pleading / Motion / Brief
51

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 Pleading / Motion / Brief
50

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 Pleading / Motion / Brief
56

Plaintiffs' Combined Reply in Support of Preliminary Injunction and Opposition to Defendants' Motion to Dismiss and Motion for Summary Judgment

Nov. 27, 2013 Pleading / Motion / Brief
59

Defendants' Reply in Support of Motion to Dismiss or, in the alternative, for Summary Judgment

Reaching Souls International Inc. v. Sibelius

Dec. 6, 2013 Pleading / Motion / Brief
67

Memorandum Decision and Order

Reaching Souls International Inc v. Sebelius

2013 WL 6804259

Dec. 20, 2013 Order/Opinion
140

Opinion

Reaching Souls International Inc v. Sebelius

U. S. Court of Appeals for the Tenth Circuit

794 F.3d 1151

July 16, 2015 Order/Opinion

Opinion

Zubik v. Burwell

Supreme Court of the United States

136 S.Ct. 1557

May 16, 2016 Order/Opinion

Resources

Title Description External URL

Co-operation in the Age of Hobby Lobby: When Sincerety Is Not Enough

David Oderberg

Discussion of Burwell v. Hobby Lobby and conscientious objection on religious grounds to providing health insurance that covers abortion. Further discussion of the Religious Freedom Restoration Act o… Jan. 1, 2017 https://expositions.journals.villanova.edu/article/view/2219/1996

Docket

See docket on RECAP: https://www.courtlistener.com/docket/5081932/reaching-souls-international-inc-v-sebelius/

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

ECF Number Description 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

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2 Exhibit 2 - Birth Control Medicines to Help You

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3 Exhibit 3 - News Release re HHS

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4 Exhibit 4 - The Affordable Care Act

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5 Exhibit 5 - CMS.gov

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6 Exhibit 6 - Employment Measures

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7 Civil Cover Sheet

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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 PACER
3

ENTRY of Appearance by J Dillon Curran on behalf of All Plaintiffs (Curran, J) (Entered: 10/15/2013)

Oct. 15, 2013 PACER
4

DISCLOSURE STATEMENT - CORPORATE by All Plaintiffs . (Curran, J) (Entered: 10/15/2013)

Oct. 15, 2013 PACER
5

NOTICE OF RELATED OR COMPANION CASE by All Plaintiffs (Curran, J) (Entered: 10/15/2013)

Oct. 15, 2013 PACER
6

ENTRY of Appearance by Jared D Giddens on behalf of All Plaintiffs (Giddens, Jared) (Entered: 10/15/2013)

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

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2 Exhibit 2 - Declaration of Joshua Wells

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3 Exhibit 3 - Declaration of David Armstrong

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4 Exhibit 4 - Preliminary Injunction filed USDC-District of New Mexico 11-13-2002

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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

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2 Exhibit 2 - Declaration of Joshua Wells

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3 Exhibit 3 - Declaration of David Armstrong

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4 Exhibit 4 - Declaration of Carl C. Scherz

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5 Exhibit 5 - Declaration of Mark Rienzi

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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 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 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 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 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 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 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 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 PACER
17

ENTRY of Appearance by Benjamin L Berwick on behalf of All Defendants (Berwick, Benjamin) (Entered: 10/29/2013)

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 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

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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

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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

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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 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 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 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 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 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 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

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2 Exhibit 2 - EBSA Form 700 - Certification

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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

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2 Exhibit 2 - EBSA Form 700 - Certification

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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 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

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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 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 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 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 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 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 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 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 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 PACER
41

ORDER granting 27 Motion to Appear Pro Hac Vice of Carl C. Scherz. Signed by Honorable Timothy D. DeGiusti on 11/6/2013. (mb) (Entered: 11/06/2013)

Nov. 6, 2013 PACER
42

ORDER granting 31 Motion for Leave Nunc Pro Tunc to File Corrected Pleading and Strike 28 Reply. Signed by Honorable Timothy D. DeGiusti on 11/6/2013. (mb) (Entered: 11/06/2013)

Nov. 6, 2013 PACER
43

Receipt for Money Received from Reaching Souls International Inc, Truett-McConnell College Inc in the amount of $400.00, receipt number OKW500036253 regarding 1 Complaint,, (ap) (Entered: 11/07/2013)

Nov. 7, 2013 PACER
44

ORDER denying 18 Motion to Expedite Briefing Schedule; granting 20 Motion for Extension of Time to File Response re 7 MOTION for Preliminary Injunction, Request for Expedited Consideration, and Brief in Support, 8 MOTION to Certify Class, Request for Expedited Consideration and Brief in Support ; granting 21 Motion for Leave to File Excess Pages. Defendants' Combined Brief in Response to Motion for Preliminary Injunction and in Support of a Motion to Dismiss or in the Alternative Motion for Summary Judgment due 11/15/2013 and shall not exceed 45 pages; Plaintiffs' Combined Reply Brief Regarding Defendants' Motion to Dismiss or in the Alternative, Motion for Summary Judgment due 11/27/2013 and shall not exceed 45 pages; Defendants' Reply Brief Regarding Motion to Dismiss or Alternatively Motion for Summary Judgment due 12/6/2013 and shall not exceed 15 pages; Defendants' Response to Plaintiffs' Motion for Class Certification shall be filed within 30 days after the Court rules on Plaintiffs' Motion for Preliminary Injunction. Hearing on pending motions set for 12/16/2013 at 9:30 a.m., Courtroom 503. Signed by Honorable Timothy D. DeGiusti on 11/7/2013. (mb) (Entered: 11/07/2013)

Nov. 7, 2013 PACER
45

ORDER denying as moot 30 Motion for Leave to File Sur-Reply. Signed by Honorable Timothy D. DeGiusti on 11/8/2013. (mb) (Entered: 11/08/2013)

Nov. 8, 2013 PACER
46

ENTRY of Appearance by Daniel H Blomberg on behalf of All Plaintiffs (Blomberg, Daniel) (Entered: 11/14/2013)

Nov. 14, 2013 PACER
47

ENTRY of Appearance by Mark L Rienzi on behalf of All Plaintiffs (Rienzi, Mark) (Entered: 11/14/2013)

Nov. 14, 2013 PACER
48

ENTRY of Appearance by Adele A Keim on behalf of All Plaintiffs (Keim, Adele) (Entered: 11/14/2013)

Nov. 14, 2013 PACER
49

NOTICE (other) by All Defendants of Filing of Certified Administrative Record (Attachments: # 1 Index, # 2 Certification)(Berwick, Benjamin) (Entered: 11/15/2013)

1 Index

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2 Certification

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Nov. 15, 2013 PACER
50

RESPONSE in Opposition re 7 MOTION for Preliminary Injunction, Request for Expedited Consideration, and Brief in Support filed by All Defendants. (Berwick, Benjamin) (Entered: 11/15/2013)

Nov. 15, 2013 PACER
51

MOTION to Dismiss, MOTION to Dismiss for Lack of Jurisdiction or, in the Alternative, MOTION for Summary Judgment and Memorandum in Support by All Defendants. (Berwick, Benjamin) (Entered: 11/15/2013)

Nov. 15, 2013 PACER
70

NOTICE Admin Record filed on 3 DVDs and submitted to Clk's Ofc by All Defendants re 49 Notice (other) (ap) Modified on 1/8/2014 to add document number. DVD's placed in file in the file room (kw, ). (Entered: 11/20/2013)

Nov. 19, 2013 PACER
52

ENTRY of Appearance by Seth M Roberts on behalf of All Plaintiffs (Roberts, Seth) (Entered: 11/25/2013)

Nov. 25, 2013 PACER
53

ENTER ORDER: Defendants have provided an administrative record in electronic format. Defendants have filed briefs that reference less than 100 pages of the administrative record. The Court directs Defendants to file an appendix of exhibits that contains only the pertinent parts of the administrative record cited in their briefs, and to provide a courtesy copy of the appendix within 7 days. Signed by Honorable Timothy D. DeGiusti on 11/26/2013. (mb) (Entered: 11/26/2013)

Nov. 26, 2013 PACER
54

MOTION for Extension of Time to Complete Discovery Pursuant to Rule 56(d) and Brief in Support by All Plaintiffs. (Attachments: # 1 Exhibit 1-Declaration of Mark Rienzi, # 2 Exhibit 2 - Supplemental Declaration of Timothy E. Head)(Giddens, Jared) (Entered: 11/27/2013)

1 Exhibit 1-Declaration of Mark Rienzi

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2 Exhibit 2 - Supplemental Declaration of Timothy E. Head

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Nov. 27, 2013 PACER
55

DEMAND for Trial by Jury by All Plaintiffs. (Giddens, Jared) (Entered: 11/27/2013)

Nov. 27, 2013 PACER
56

REPLY by Plaintiffs Guidestone Financial Resources of the Southern Baptist Convention, Reaching Souls International Inc, Truett-McConnell College Inc re 51 MOTION to Dismiss MOTION to Dismiss for Lack of Jurisdiction or, in the Alternative MOTION for Summary Judgment and Memorandum in Support, 7 MOTION for Preliminary Injunction, Request for Expedited Consideration, and Brief in Support filed by All Plaintiffs. (Attachments: # 1 Exhibit 1 - Declaration of Joseph Ormont, # 2 Exhibit 2 - Declaration of Mark Rienzi, # 3 Exhibit 3 - Supplemental Declaration of Timothy E. Head, # 4 Exhibit 4 - Declaration of Joshua Wells, # 5 Exhibit 5 - Declaration of David Armstrong)(Giddens, Jared) (Entered: 11/27/2013)

1 Exhibit 1 - Declaration of Joseph Ormont

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2 Exhibit 2 - Declaration of Mark Rienzi

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3 Exhibit 3 - Supplemental Declaration of Timothy E. Head

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4 Exhibit 4 - Declaration of Joshua Wells

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5 Exhibit 5 - Declaration of David Armstrong

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Nov. 27, 2013 PACER

Docket Annotation: 54 Rule 56(d) Motion and Brief is not a motion for extension of time (mb)

Nov. 27, 2013 PACER
57

APPENDIX Excerpts of Administrative Record by All Defendants. (Berwick, Benjamin) (Entered: 12/03/2013)

Dec. 3, 2013 PACER
58

ENTRY of Appearance by Carl C Scherz on behalf of Guidestone Financial Resources of the Southern Baptist Convention, Reaching Souls International Inc, Truett-McConnell College Inc (Scherz, Carl) (Entered: 12/03/2013)

Dec. 3, 2013 PACER
59

REPLY to Response to Motion re 51 MOTION to Dismiss MOTION to Dismiss for Lack of Jurisdiction or, in the Alternative MOTION for Summary Judgment and Memorandum in Support filed by All Defendants. (Berwick, Benjamin) (Entered: 12/06/2013)

Dec. 6, 2013 PACER
60

ORDER that the hearing will be limited to consideration of re 51 MOTION to Dismiss MOTION to Dismiss for Lack of Jurisdiction or, in the Alternative MOTION for Summary Judgment and Memorandum in Support filed by Kathleen Sebelius, Labor Department of, Department of the Treasury, Thomas E Perez, Jacob J Lew, Health and Human Services Department of, and 7 MOTION for Preliminary Injunction, Request for Expedited Consideration, and Brief in Support filed by Guidestone Financial Resources of the Southern Baptist Convention, Reaching Souls International Inc, Truett-McConnell College Inc. ORDER MORE FULLY SET OUT. Signed by Honorable Timothy D. DeGiusti on 12/12/2013. (mb) (Entered: 12/12/2013)

Dec. 12, 2013 RECAP
61

RESPONSE in Opposition re 54 MOTION for Extension of Time to Complete Discovery Pursuant to Rule 56(d) and Brief in Support filed by All Defendants. (Berwick, Benjamin) (Entered: 12/13/2013)

Dec. 13, 2013 PACER
62

Minute Entry for proceedings held before Honorable Timothy D. DeGiusti: Motion Hearing held on 12/16/2013 re 51 MOTION to Dismiss MOTION to Dismiss for Lack of Jurisdiction or, in the Alternative MOTION for Summary Judgment and Memorandum in Support filed by Kathleen Sebelius, Labor Department of, Department of the Treasury, Thomas E Perez, Jacob J Lew, Health and Human Services Department of, 7 MOTION for Preliminary Injunction, Request for Expedited Consideration, and Brief in Support filed by Guidestone Financial Resources of the Southern Baptist Convention, Reaching Souls International Inc, Truett-McConnell College Inc. (Court Reporter Christy Clark.) (mb) (Entered: 12/16/2013)

Dec. 16, 2013 PACER
63

UNOPPOSED MOTION for Leave to File Supplemental Authority by All Plaintiffs. (Attachments: # 1 Exhibit)(Rienzi, Mark) (Entered: 12/17/2013)

1 Exhibit

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Dec. 17, 2013 PACER
64

ORDER granting 63 Motion for Leave to File Supplemental Authority. Signed by Honorable Timothy D. DeGiusti on 12/18/2013. (mb) (Entered: 12/18/2013)

Dec. 18, 2013 PACER
65

NOTICE (other) by All Defendants Defendants' Notice of Supplemental Authority and Response to Plaintiffs' Notice of Supplemental Authority (Attachments: # 1 Exhibit Priests for Life v. HHS)(Berwick, Benjamin) (Entered: 12/19/2013)

1 Exhibit Priests for Life v. HHS

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Dec. 19, 2013 PACER
66

ORDER Striking re 65 Notice (other) 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 12/20/2013. (mb) (Entered: 12/20/2013)

Dec. 20, 2013 PACER
67

ORDER denying 51 Motion to Dismiss for Lack of Jurisdiction; granting 7 Motion for Preliminary Injunction. Injunction Issued. Signed by Honorable Timothy D. DeGiusti on 12/20/2013. (mb) (Entered: 12/20/2013)

Dec. 20, 2013 RECAP
68

REPLY by Plaintiffs Guidestone Financial Resources of the Southern Baptist Convention, Reaching Souls International Inc, Truett-McConnell College Inc re 61 Response in Opposition to Motion filed by All Plaintiffs. (Scherz, Carl) (Entered: 12/20/2013)

Dec. 20, 2013 PACER
69

ORDER denying 8 Motion to Certify Class. Signed by Honorable Timothy D. DeGiusti on 12/23/2013. (mb) (Entered: 12/23/2013)

Dec. 23, 2013 PACER
71

NOTICE OF INTERLOCUTORY APPEAL by All Defendants. (Berwick, Benjamin) (Entered: 02/11/2014)

Feb. 11, 2014 PACER
72

Interlocutory PRELIMINARY RECORD LETTER - Electronic Transmission of Notice of Appeal with Preliminary Record sent to Tenth Circuit Court of Appeals re 71 Notice of Interlocutory Appeal (cpp) (Entered: 02/12/2014)

Feb. 12, 2014 PACER
73

Tenth Circuit USCA Case Number 14-6028 for 71 Notice of Interlocutory Appeal filed by Kathleen Sebelius, Labor Department of, Department of the Treasury, Thomas E Perez, Jacob J Lew, Health and Human Services Department of. (cpp) (Entered: 02/13/2014)

Feb. 13, 2014 PACER
74

NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on 12/16/2013 before Judge DeGiusti. Court Reporter: Christina L. Clark, Telephone number (405) 609-5123. Transcript of: Proceedings Volume: I of I Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 3/18/2014. Redacted Transcript Deadline set for 3/28/2014. Release of Transcript Restriction set for 5/27/2014. (cc) (Entered: 02/25/2014)

Feb. 25, 2014 PACER
75

TRANSCRIPT Order Form by All Defendants re 71 Notice of Interlocutory Appeal that transcripts are not necessary. See order form for dates and proceedings. (Berwick, Benjamin) (Entered: 02/25/2014)

Feb. 25, 2014 PACER
76

TRANSCRIPT LETTER advising no transcripts are necessary re 71 Notice of Interlocutory Appeal filed by Kathleen Sebelius, Labor Department of, Department of the Treasury, Thomas E Perez, Jacob J Lew, Health and Human Services Department of. The record is ready for appeal purposes. (cpp) (Entered: 03/04/2014)

March 4, 2014 PACER
77

ORDER denying 51 Motion to Dismiss; denying 51 Motion for Summary Judgment; denying 54 Plaintiffs' Rule 56(d) Motion. Each party shall inform the Court by written notice filed within 14 days of its position regarding a stay of the action pending appeal. Signed by Honorable Timothy D. DeGiusti on 3/10/2014. (mb) (Entered: 03/10/2014)

March 10, 2014 RECAP
78

NOTICE (other) by All Defendants (Joint Notice in Response to Court's March 10, 2014 Order) (Berwick, Benjamin) (Entered: 03/24/2014)

March 24, 2014 PACER
79

ORDER Staying Case re 78 Notice (other) 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 3/26/2014. (mb) (Entered: 03/26/2014)

March 26, 2014 PACER
80

ADMINISTRATIVE CLOSING ORDER: This action is administratively terminated without prejudice during the pendency of the interlocutory appeal filed by Defendants. The Clerk shall reopen this case upon receipt of the Tenth Circuit's mandate. Signed by Honorable Timothy D. DeGiusti on 3/26/2014. (mb) (Entered: 03/26/2014)

March 26, 2014 PACER
81

ORDER of USCA as to 71 Notice of Interlocutory Appeal filed by Kathleen Sebelius, Labor Department of, Department of the Treasury, Thomas E Perez, Jacob J Lew, Health and Human Services Department of (cpp) (Entered: 04/10/2014)

March 31, 2014 PACER
82

USCA OPINION as to 71 Notice of Interlocutory Appeal filed by Kathleen Sebelius, Labor Department of, Department of the Treasury, Thomas E Perez, Jacob J Lew, Health and Human Services Department of. Affirmed and Reversed; Terminated on the merits after oral hearing. Mandate to issue. (cla) (Entered: 07/16/2015)

July 16, 2015 PACER
83

USCA JUDGMENT as to 71 Notice of Interlocutory Appeal filed by Kathleen Sebelius, Labor Department of, Department of the Treasury, Thomas E Perez, Jacob J Lew, Health and Human Services Department of. (cla) (Entered: 07/16/2015)

July 16, 2015 PACER
84

ENTRY of Appearance by Michelle R Bennett on behalf of Department of the Treasury, Health and Human Services Department of, Labor Department of, Jacob J Lew, Thomas E Perez, Kathleen Sebelius (Bennett, Michelle) (Entered: 08/07/2015)

Aug. 7, 2015 PACER
85

ORDER of USCA as to 71 Notice of Interlocutory Appeal filed by Kathleen Sebelius, Labor Department of, Department of the Treasury, Thomas E Perez, Jacob J Lew, Health and Human Services Department of. Dismissed; Terminated on the merits after submissions without oral hearing (ml) (Entered: 10/23/2017)

Oct. 23, 2017 RECAP
86

USCA MANDATE Issued re 71 Notice of Interlocutory Appeal filed by Kathleen Sebelius, Labor Department of, Department of the Treasury, Thomas E Perez, Jacob J Lew, Health and Human Services Department of (ml) (Entered: 10/23/2017)

Oct. 23, 2017 PACER
87

ORDER directing the parties to file a joint status report stating their positions regarding further proceedings not later than 12/8/2017. Signed by Honorable Timothy D. DeGiusti on 11/17/2017. (mb) (Entered: 11/17/2017)

Nov. 17, 2017 RECAP
88

STATUS REPORT (Joint) by Defendants Department of the Treasury, Health and Human Services Department of, Labor Department of, Jacob J Lew, Thomas E Perez, Kathleen Sebelius. (Bennett, Michelle) (Entered: 12/08/2017)

Dec. 8, 2017 RECAP
89

Notice of Disclosure of Potential Ground for Disqualification and Procedure for Remittal. (Attachments: # 1 Attachment 1-Plaintiffs Waiver, # 2 Attachment 2- Defendants Waiver)(ml) (Entered: 01/03/2018)

1 Attachment 1-Plaintiffs Waiver

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2 Attachment 2- Defendants Waiver

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Jan. 3, 2018 PACER
90

ORDER that Plaintiff's shall file their proposed motion for permanent injunction by 2/16/2018. Defendants shall respond by 3/5/2018. Plaintiffs' reply due 3/12/2018. Signed by Honorable Timothy D. DeGiusti on 1/10/2018. (mb) (Entered: 01/10/2018)

Jan. 10, 2018 PACER
91

MOTION for Permanent Injunction and Declaratory Relief, and Brief in Support by All Plaintiffs. (Giddens, Dwain) (Entered: 02/16/2018)

Feb. 16, 2018 RECAP
92

NOTICE (other) by All Plaintiffs re 91 MOTION for Permanent Injunction and Declaratory Relief, and Brief in Support (Attachments: # 1 Exhibit Order Granting Permanent Injunction and Declaratory Relief)(Giddens, Dwain) (Entered: 02/26/2018)

1 Exhibit Order Granting Permanent Injunction and Declaratory Relief

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Feb. 26, 2018 PACER
93

RESPONSE to Motion re 91 MOTION for Permanent Injunction and Declaratory Relief, and Brief in Support filed by All Defendants. (Bennett, Michelle) (Entered: 03/05/2018)

March 5, 2018 RECAP
94

REPLY to Response to Motion re 91 MOTION for Permanent Injunction and Declaratory Relief, and Brief in Support filed by All Plaintiffs. (Attachments: # 1 Exhibit Exhibit 1: Order Granting Permanent Injunction, # 2 Exhibit Exhibit 2: Guidestone Revised Proposed Order)(Giddens, Dwain) (Entered: 03/12/2018)

1 Exhibit Exhibit 1: Order Granting Permanent Injunction

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2 Exhibit Exhibit 2: Guidestone Revised Proposed Order

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March 12, 2018 RECAP
95

ORDER GRANTING PERMANENT INJUNCTION and Declaratory Relief. Signed by Honorable Timothy D. DeGiusti on 3/15/2018. (mb) (Entered: 03/15/2018)

March 15, 2018 RECAP
96

UNOPPOSED MOTION for Judgment by All Plaintiffs. (Giddens, Dwain) (Entered: 07/13/2018)

July 13, 2018 PACER
97

JUDGMENT in favor of Guidestone Financial Resources of the Southern Baptist Convention, Reaching Souls International Inc, Truett-McConnell College Inc against Department of the Treasury, Health and Human Services Department of, Labor Department of, Jacob J Lew, Kathleen Sebelius, Thomas E Perez. Signed by Honorable Timothy D. DeGiusti on 7/17/2018. (mb) (Entered: 07/17/2018)

July 17, 2018 PACER
98

UNOPPOSED MOTION for Extension of Time to File Bill of Costs and Motion for Attorney Fees by Guidestone Financial Resources of the Southern Baptist Convention, Reaching Souls International Inc, Truett-McConnell College Inc. (Attachments: # 1 Proposed Order)(Rienzi, Mark) (Entered: 08/30/2018)

1 Proposed Order

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Aug. 30, 2018 PACER
99

ORDER granting 98 Unopposed Motion for Extension of Deadlines for Bill of Costs and Motion for Attorney's Fees. Plaintiffs to file a motion for attorney fees and bill of costs no later than 10/15/2018. Signed by Honorable Timothy D. DeGiusti on 8/31/2018. (mb) (Entered: 08/31/2018)

Aug. 31, 2018 PACER

State / Territory: Oklahoma

Case Type(s):

Speech and Religious Freedom

Special Collection(s):

Contraception Insurance Mandate

Key Dates

Filing Date: Oct. 11, 2013

Closing Date: 2018

Case Ongoing: Perhaps, but long-dormant

Plaintiffs

Plaintiff Description:

Christian, non-profit employers who participate in the GuideStone Plan to provide health benefits to their employees

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Mooted before ruling

Defendants

U.S. Department of Health and Human Services (Washington), Federal

U.S. Department of Labor (Washington), Federal

U.S. Department of the Treasury (Washington), 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

Equal Protection

Establishment Clause

Free Exercise Clause

Freedom of speech/association

Availably Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Preliminary injunction / Temp. restraining order

Declaratory Judgment

Attorneys fees

Injunction / Injunctive-like Settlement

Source of Relief:

Litigation

Content of Injunction:

Discrimination Prohibition

Preliminary relief granted

Issues

General:

Contraception

Religious programs / policies

Discrimination-basis:

Religion discrimination

Type of Facility:

Non-government non-profit