Case: Little Sisters of the Poor Home for the Aged v. Sebelius

1:13-cv-02611 | U.S. District Court for the District of Colorado

Filed Date: Sept. 24, 2013

Closed Date: 2018

Clearinghouse coding complete

Case Summary

On September 24, 2013, a group of non-profit Catholic-based organizations filed a lawsuit in the U.S. District Court for Colorado under the First Amendment, Religious Freedom Restoration Act (RFRA) and the Administrative Procedure Act against the U.S. Department of Health and Human Services. The plaintiffs, who all provide healthcare to their employees through the Christian Brothers Employee Benefit Trust, were represented by the public interest firm Becket Fund for Religious Liberty. The plain…

On September 24, 2013, a group of non-profit Catholic-based organizations filed a lawsuit in the U.S. District Court for Colorado under the First Amendment, Religious Freedom Restoration Act (RFRA) and the Administrative Procedure Act against the U.S. Department of Health and Human Services. The plaintiffs, who all provide healthcare to their employees through the Christian Brothers Employee Benefit Trust, were represented by the public interest firm Becket Fund for Religious Liberty. The plaintiffs asked the court to rule that the Affordable Care Act's (ACA) contraception insurance mandate, even with the accommodation for non-profit religious organizations, was unconstitutional. Specifically, the plaintiffs asked for both a preliminary and permanent injunction to keep the government from enforcing the contraception insurance mandate.

On October 24, 2013, the plaintiffs filed a motion for a preliminary injunction. The defendants opposed this motion on the grounds that the accommodation to the ACA mandate did not substantially burden the plaintiffs' religious freedom under RFRA or cause the plaintiffs irreparable harm.

On November 8, 2013, the defendant filed a motion to dismiss for lack of standing, or, alternatively for summary judgment. On December 27, 2013, Judge William J. Martinez denied the plaintiff's motion for preliminary injunction and the defendant's motion to dismiss for lack of standing. On December 27, 2013, the plaintiff appealed the court's decision to deny preliminary injunction to the U.S. Court of Appeals for the 10th Circuit (No. 13-1540). On December 31, 2013, the appellate court denied the plaintiff's motion for an emergency injunction. That same day, however, Supreme Court Justice Sotomayor granted plaintiff's requested injunction pending receipt of a response by the government. On January 24, 2014, the Supreme Court issued an injunction pending appeal, stating:

"If the employer applicants inform the Secretary of Health and Human Services in writing that they are non-profit organizations that hold themselves out as religious and have religious objections to providing coverage for contraceptive services, the respondents are enjoined from enforcing against the applicants the challenged provisions of the Patient Protection and Affordable Care Act and related regulations pending final disposition of the appeal by the United States Court of Appeals for the Tenth Circuit. To meet the condition for injunction pending appeal, applicants need not use the form prescribed by the Government and need not send copies to third-party administrators. The Court issues this order based on all of the circumstances of the case, and this order should not be construed as an expression of the Court's views on the merits."

On March 6, 2014, the defendant filed a motion to consolidate this appeal with two similar cases: Southern Nazarene University v. Sebelius and Reaching Souls International v. Sebelius. On March 31, 2014, the Court of Appeals denied the defendant's motion to consolidate.

However, on July 14, 2015, the Court of Appeals denied the plaintiff’s motion for a preliminary injunction in an opinion that joined this case and Southern Nazarene University v. Sebelius. (794 F.3d 1151). The same day, the plaintiffs petitioned the Supreme Court for a writ of certiorari. The plaintiffs objected to using the expanded accommodation designed by the court, in which they would not have to notify their insurers directly about their religious opposition to contraception, but would have to communicate that opposition and the name of their insurer to the Department of Health and Human Services. The plaintiffs requested a rehearing en banc, but the Tenth Circuit denied the request in an order on September 3, 2015. 799 F.3d 1315.

On November 6, 2015, the Supreme Court granted certiorari in this case in order to consider whether notifying the federal government by signing a form identifying the employer as a religious nonprofit that objects to the contraceptive services mandate (so that the government can work with the insurer or benefits provider to ensure employees have contraceptive coverage) violates the Religious Freedom Restoration Act, or constitutes the least restrictive means of achieving a compelling government interest. This case was consolidated with six other cases dealing with this issue. Together, the cases are known as Zubik v. Burwell [II].

This case was argued on March 23, 2016. On March 29, 2016, in an unusual move, the Supreme Court 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 "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.'" 578 U.S. 403. The Court took no position on the merits of this case.

While the case was back in the District Court, President Trump issued an Executive Order in May 2017 directing the Department of Health and Human Services to address conscience-based objections to the preventive care mandate. The Department of Health and Human Services followed the Executive Order, issuing an exemption to religious organizations like the Little Sisters of the Poor. The case was dismissed voluntarily on June 26, 2018 and the case is now closed.

Summary Authors

Mallory Jones (3/31/2014)

Kate Craddock (6/12/2016)

Virginia Weeks (11/15/2017)

Justin Hill (12/1/2019)

Related Cases

Geneva College v. Sebelius, Western District of Pennsylvania (2012)

Roman Catholic Archbishop of Washington v. Sebelius, District of District of Columbia (2012)

East Texas Baptist University v. Sebelius, Southern District of Texas (2012)

Priests for Life v. Sebelius, District of District of Columbia (2013)

Southern Nazarene University v. Sebelius, Western District of Oklahoma (2013)

Zubik v. Burwell [II], Western District of Pennsylvania (2013)

Reaching Souls International Inc. v. Sebelius, Western District of Oklahoma (2013)

Diocese of Cheyenne v. Sebelius, District of Wyoming (2014)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4196195/parties/little-sisters-of-the-poor-home-for-the-aged-denver-colorado-v-kathleen/


Judge(s)

Baldock, Bobby Ray (New Mexico)

Attorney for Plaintiff

Baylor, Gregory S. (District of Columbia)

Attorney for Defendant

Barbero, Megan (District of Columbia)

Bennett, Michelle Renee (District of Columbia)

Expert/Monitor/Master/Other

Amiri, Brigitte A. (New York)

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Documents in the Clearinghouse

Document

1:13-cv-02611

Docket [PACER]

Little Sisters of the Poor for the Aged v. Sebelius

Jan. 28, 2019

Jan. 28, 2019

Docket
1

1:13-cv-02611

Class Action Complaint

Little Sisters of the Poor for the Aged v. Sebelius

Sept. 24, 2013

Sept. 24, 2013

Complaint

2013 WL 2013

52

1:13-cv-02611

Order Denying in Part Defendants' Motion to Dismiss and Denying Plaintiffs' Motion for Preliminary Injunction

Little Sisters of the Poor for the Aged v. Sebelius

Dec. 27, 2013

Dec. 27, 2013

Order/Opinion

6 F.Supp.3d 6

13-00691

Order (Temporarily Enjoining Respondents)

Little Sisters of the Poor for the Aged v. Sebelius

Supreme Court of the United States

Dec. 31, 2013

Dec. 31, 2013

Order/Opinion

571 U.S. 571

1:13-cv-02611

Order (Denying Plaintiffs-Appellants' Emergency Motion for an Injunction Pending Appeal)

Little Sisters of the Poor for the Aged v. Sebelius

U.S. Court of Appeals for the Tenth Circuit

Dec. 31, 2013

Dec. 31, 2013

Order/Opinion

134 S.Ct. 134

13-00691

Order in Pending Case

Little Sisters of the Poor for the Aged v. Sebelius

Supreme Court of the United States

Jan. 24, 2014

Jan. 24, 2014

Order/Opinion

571 U.S. 571

01019459253

0:13-01540

Order Denying Preliminary Injunction, US Court of Appeals for the Tenth Circuit

Little Sisters of the Poor v. Sebelius

U.S. Court of Appeals for the Tenth Circuit

July 14, 2015

July 14, 2015

Order/Opinion

794 F.3d 794

10299849

0:13-01540

Order

Little Sisters of the Poor v. Sebelius

U.S. Court of Appeals for the Tenth Circuit

Sept. 3, 2015

Sept. 3, 2015

Order/Opinion

799 F.3d 799

15-00105

Supreme Court Order Granting Certiorari

Little Sisters of the Poor for the Aged v. Sebelius

Supreme Court of the United States

Nov. 6, 2015

Nov. 6, 2015

Order/Opinion

577 U.S. 577

15-00105

Opinion

Supreme Court of the United States

May 16, 2016

May 16, 2016

Order/Opinion

578 U.S. 578

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4196195/little-sisters-of-the-poor-home-for-the-aged-denver-colorado-v-kathleen/

Last updated April 2, 2024, 3:04 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against Jacob J. Lew, Kathleen Sebelius, Thomas E. Perez, United States Department of Health and Human Services, United States Department of Labor, United States Department of the Treasury (Filing fee $ 400, Receipt Number 1082-3547495), filed by Christian Brothers Services, Little Sisters of the Poor, Baltimore, Inc., Christian Brothers Employee Benefit Trust, Little Sisters of the Poor Home for the Aged, Denver, Colorado. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F, # 8 Exhibit G, # 9 Exhibit H, # 10 Summons Kathleen Sebelius, Secretary of the United States Department of Health and Human Services, # 11 Summons United States Department of Health and Human Services, # 12 Summons Thomas E. Perez, Secretary of the United States Department of Labor, # 13 Summons United States Department of Labor, # 14 Summons Jacob J. Lew, Secretary of the United States Department of the Treasury, # 15 Summons United States Department of the Treasury, # 16 Summons Civil Process Clerk, US Attorney's Office for the District of Colorado, # 17 Summons Eric Holder, United States Attorney General)(Scherz, Carl) (Entered: 09/24/2013)

1 Civil Cover Sheet

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2 Exhibit A

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3 Exhibit B

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4 Exhibit C

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5 Exhibit D

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6 Exhibit E

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7 Exhibit F

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8 Exhibit G

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9 Exhibit H

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10 Summons Kathleen Sebelius, Secretary of the United States Department of Health a

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11 Summons United States Department of Health and Human Services

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12 Summons Thomas E. Perez, Secretary of the United States Department of Labor

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13 Summons United States Department of Labor

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14 Summons Jacob J. Lew, Secretary of the United States Department of the Treasury

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15 Summons United States Department of the Treasury

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16 Summons Civil Process Clerk, US Attorney's Office for the District of Color

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17 Summons Eric Holder, United States Attorney General

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Sept. 24, 2013

Sept. 24, 2013

RECAP
2

CORPORATE DISCLOSURE STATEMENT. (Scherz, Carl) (Entered: 09/24/2013)

Sept. 24, 2013

Sept. 24, 2013

PACER
3

NOTICE of RELATED CASES by Plaintiffs Christian Brothers Employee Benefit Trust, Christian Brothers Services, Little Sisters of the Poor Home for the Aged, Denver, Colorado, Little Sisters of the Poor, Baltimore, Inc. (Scherz, Carl) (Entered: 09/24/2013)

Sept. 24, 2013

Sept. 24, 2013

PACER
4

Case assigned to Judge William J. Martinez and drawn to Magistrate Judge Boyd N. Boland. Text Only Entry (dbera, ) (Entered: 09/24/2013)

Sept. 24, 2013

Sept. 24, 2013

PACER
5

SUMMONS issued by Clerk. Magistrate Judge Consent Form attached. (Attachments: # 1 Summons, # 2 Summons, # 3 Summons, # 4 Summons, # 5 Summons, # 6 Summons, # 7 Summons, # 8 Magistrate Judge Consent Form) (dbera, ) (Entered: 09/24/2013)

1 Summons

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2 Summons

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3 Summons

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4 Summons

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5 Summons

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6 Summons

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7 Summons

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8 Magistrate Judge Consent Form

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Sept. 24, 2013

Sept. 24, 2013

PACER
6

ORDER REFERRING CASE to Magistrate Judge Boyd N. Boland. Magistrate Judge Boland is designated to conduct NDISPO proceedings pursuant to 28 U.S.C. § 636(b)(1)(A) and (B) and Fed.R.Civ.P. 72(a) and (b). ALSO ORDERED that unless service has otherwise been completed or arranged, Plaintiffs' counsel is directed to effect service of the summons and complaint pursuant to Rule 4 of the Federal Rules of Civil Procedure no later than 30 days from the date of this Referral Order, in order for the initial scheduling conference to be held promptly. Court sponsored alternative dispute resolution is governed by D.C.COLO.LCivR 16.6. On the recommendation or informal request of the Magistrate Judge or on the request of the parties by motion, the court may direct the parties to engage in an early neutral evaluation, a settlement conference, or another alternative dispute resolution proceeding. SO ORDERED by Judge William J. Martinez on 09/25/2013. Text Only Entry (wjmsec, ) (Entered: 09/25/2013)

Sept. 25, 2013

Sept. 25, 2013

PACER
7

NOTICE OF NON ADMITTED ATTORNEYS. Mark L. Rienzi has entered appearance as attorney in this case based on signing the complaint. Pursuant to D.C.COLO.LCivR 11.1A, an attorney must be a member of the court's bar to enter an appearance. The attorney records of the court do not reflect that counsel is a member of the bar. Unless an application for admission to the bar of the court or a motion to withdraw in this case is received within 20 days of the date of this entry, further action may be taken by the court. Text Only Entry (mjfsl, ) (Entered: 10/01/2013)

Oct. 1, 2013

Oct. 1, 2013

PACER
8

DEMAND for Trial by Jury by Plaintiffs Christian Brothers Employee Benefit Trust, Christian Brothers Services, Little Sisters of the Poor Home for the Aged, Denver, Colorado, Little Sisters of the Poor, Baltimore, Inc.. (Rienzi, Mark) (Entered: 10/07/2013)

Oct. 7, 2013

Oct. 7, 2013

PACER
9

NOTICE of Entry of Appearance by Carl C. Scherz on behalf of Christian Brothers Employee Benefit Trust, Christian Brothers Services, Little Sisters of the Poor Home for the Aged, Denver, Colorado, Little Sisters of the Poor, Baltimore, Inc. (Scherz, Carl) (Entered: 10/15/2013)

Oct. 15, 2013

Oct. 15, 2013

PACER
10

NOTICE of Entry of Appearance by Seth Michael Roberts on behalf of Christian Brothers Employee Benefit Trust, Christian Brothers Services, Little Sisters of the Poor Home for the Aged, Denver, Colorado, Little Sisters of the Poor, Baltimore, Inc. (Roberts, Seth) (Entered: 10/15/2013)

Oct. 15, 2013

Oct. 15, 2013

PACER
11

ORDER Scheduling Conference set for 1/13/2014 10:30 AM in Courtroom A 401 before Magistrate Judge Boyd N. Boland, by Magistrate Judge Boyd N. Boland on 10/16/2013. (ervsl, ) (Entered: 10/17/2013)

Oct. 17, 2013

Oct. 17, 2013

RECAP
12

NOTICE of Entry of Appearance by Bradley Philip Humphreys on behalf of All Defendants (Humphreys, Bradley) (Entered: 10/17/2013)

Oct. 17, 2013

Oct. 17, 2013

PACER
13

NOTICE of Entry of Appearance by Daniel Howard Blomberg on behalf of All Plaintiffs (Blomberg, Daniel) (Entered: 10/21/2013)

Oct. 21, 2013

Oct. 21, 2013

PACER
14

NOTICE of Entry of Appearance by Adle Auxier Keim on behalf of All Plaintiffs (Keim, Adle) (Entered: 10/22/2013)

Oct. 22, 2013

Oct. 22, 2013

PACER
15

MOTION for Preliminary Injunction by Plaintiffs Christian Brothers Employee Benefit Trust, Christian Brothers Services, Little Sisters of the Poor Home for the Aged, Denver, Colorado, Little Sisters of the Poor, Baltimore, Inc.. (Attachments: # 1 Exhibit I_Mother Loraine Decl., # 2 Exhibit J_Brother Quirk Decl., # 3 Exhibit K_O Centro Injunction, # 4 Exhibit L_USCCB Directives)(Blomberg, Daniel) (Entered: 10/24/2013)

1 Exhibit I_Mother Loraine Decl.

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2 Exhibit J_Brother Quirk Decl.

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3 Exhibit K_O Centro Injunction

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4 Exhibit L_USCCB Directives

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Oct. 24, 2013

Oct. 24, 2013

RECAP
16

NOTICE of Delivery of Process to U.S. Attorney's Office by Plaintiffs Christian Brothers Employee Benefit Trust, Christian Brothers Services, Little Sisters of the Poor Home for the Aged, Denver, Colorado, Little Sisters of the Poor, Baltimore, Inc. (Roberts, Seth) (Entered: 10/24/2013)

Oct. 24, 2013

Oct. 24, 2013

PACER
17

SUMMONS Returned Executed by All Plaintiffs. United States Department of Health and Human Services served on 10/17/2013, answer due 11/7/2013. (Roberts, Seth) (Entered: 10/24/2013)

Oct. 24, 2013

Oct. 24, 2013

PACER
18

ORDER: This matter is before the Court on 15 Plaintiffs' Motion for Preliminary Injunction. To permit the Court adequate time to address the Motion in advance of the January 1, 2014 deadline, the Court SETS the following briefing schedule: Defendants shall respond to the Motion no later than November 8, 2013, and Plaintiffs may reply by November 15, 2013. After reviewing the briefing, the Court will determine whether a hearing on the Motion is necessary. SO ORDERED by Judge William J. Martinez on 10/24/2013. Text Only Entry (wjmlc1, ) (Entered: 10/24/2013)

Oct. 24, 2013

Oct. 24, 2013

PACER
19

MOTION to Certify Class and Memdorandum in Support by Plaintiffs Christian Brothers Employee Benefit Trust, Christian Brothers Services, Little Sisters of the Poor Home for the Aged, Denver, Colorado, Little Sisters of the Poor, Baltimore, Inc.. (Attachments: # 1 Exhibit M, # 2 Exhibit N, # 3 Exhibit O, # 4 Exhibit P)(Roberts, Seth) (Entered: 10/29/2013)

1 Exhibit M

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2 Exhibit N

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3 Exhibit O

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4 Exhibit P

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Oct. 29, 2013

Oct. 29, 2013

PACER
20

SUMMONS Returned Executed by All Plaintiffs. (Roberts, Seth) (Entered: 10/31/2013)

Oct. 31, 2013

Oct. 31, 2013

PACER
21

SUMMONS Returned Executed by All Plaintiffs. Jacob J. Lew served on 10/10/2013, answer due 10/31/2013. (Roberts, Seth) (Entered: 10/31/2013)

Oct. 31, 2013

Oct. 31, 2013

PACER
22

SUMMONS Returned Executed by All Plaintiffs. Thomas E. Perez served on 10/7/2013, answer due 10/28/2013. (Roberts, Seth) (Entered: 10/31/2013)

Oct. 31, 2013

Oct. 31, 2013

PACER
23

SUMMONS Returned Executed by All Plaintiffs. Kathleen Sebelius served on 10/8/2013, answer due 10/29/2013. (Roberts, Seth) (Entered: 10/31/2013)

Oct. 31, 2013

Oct. 31, 2013

PACER
24

SUMMONS Returned Executed by All Plaintiffs. United States Department of Labor served on 10/7/2013, answer due 10/28/2013. (Roberts, Seth) (Entered: 10/31/2013)

Oct. 31, 2013

Oct. 31, 2013

PACER
25

NOTICE of Delivery of Process to Eric Holder, United States Attorney General by Plaintiffs Christian Brothers Employee Benefit Trust, Christian Brothers Services, Little Sisters of the Poor Home for the Aged, Denver, Colorado, Little Sisters of the Poor, Baltimore, Inc. (Roberts, Seth) (Entered: 10/31/2013)

Oct. 31, 2013

Oct. 31, 2013

PACER
26

MOTION for Leave to File Excess Pages by Defendants Jacob J. Lew, Kathleen Sebelius, Thomas E. Perez, United States Department of Health and Human Services, United States Department of Labor, United States Department of the Treasury. (Bennett, Michelle) (Entered: 11/07/2013)

Nov. 7, 2013

Nov. 7, 2013

PACER
27

ORDER denying Defendants' Motion for Extension of Page Limits 26 . Defendants' Motion is DENIED. This Court's Revised Practice Standard III.B requires "All requests for the Court to take any action... must be contained in a separate, written motion[.]" Furthermore, this District's Local Rule D.C.COLO.LCivR. 7.1(c) specifically states that "A motion shall not be included in a response or reply... [and] shall be made in a separate paper." Therefore, Defendants' Motion is DENIED because the relief sought by said Motion is contrary to this Court's Revised Practice Standards as well as this District's Local Rules. SO ORDERED by Judge William J. Martinez on 11/7/2013. Text Only Entry(wjmsec, ) (Entered: 11/07/2013)

Nov. 7, 2013

Nov. 7, 2013

PACER
28

NOTICE of Filing of Certified Administrative Record by Defendants Jacob J. Lew, Kathleen Sebelius, Thomas E. Perez, United States Department of Health and Human Services, United States Department of Labor, United States Department of the Treasury (Attachments: # 1 Index of Administrative Record, # 2 Certification of Administrative Record)(Bennett, Michelle) (Entered: 11/08/2013)

1 Index of Administrative Record

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2 Certification of Administrative Record

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Nov. 8, 2013

Nov. 8, 2013

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29

BRIEF in Opposition to 15 MOTION for Preliminary Injunction filed by Defendants Jacob J. Lew, Kathleen Sebelius, Thomas E. Perez, United States Department of Health and Human Services, United States Department of Labor, United States Department of the Treasury. (Bennett, Michelle) (Entered: 11/08/2013)

Nov. 8, 2013

Nov. 8, 2013

PACER
30

MOTION to Dismiss, MOTION for Summary Judgment by Defendants Jacob J. Lew, Kathleen Sebelius, Thomas E. Perez, United States Department of Health and Human Services, United States Department of Labor, United States Department of the Treasury. (Bennett, Michelle) (Entered: 11/08/2013)

Nov. 8, 2013

Nov. 8, 2013

RECAP
31

MOTION to File Amicus Brief by Amicus American Civil Liberties Union. (Amiri, Brigitte) (Entered: 11/08/2013)

Nov. 8, 2013

Nov. 8, 2013

PACER
32

ORDER: This matter is before the Court on 31 the American Civil Liberties Union and American Civil Liberties Union of Colorado's Motion to Participate as Amici Curiae and Brief in Opposition to Plaintiffs' Motion for Preliminary Injunction 15 and in Support of Defendants' Motion to Dismiss or, in the Alternative, for Summary Judgment 30 . The Motion to Participate as Amici Curiae is GRANTED. Amici's Brief in Opposition to Plaintiffs' Motion for Preliminary Injunction and in Support of Defendants' Motion to Dismiss or, in the Alternative, for Summary Judgment is ACCEPTED as filed. SO ORDERED by Judge William J. Martinez on 11/12/2013. Text Only Entry(wjmsec, ) (Entered: 11/12/2013)

Nov. 12, 2013

Nov. 12, 2013

PACER
34

Conventionally Filed ADMINISTRATIVE RECORD (Text Only Entry - Available in other format at the Clerk's Office) by Defendants Jacob J. Lew, Kathleen Sebelius, Thomas E. Perez, United States Department of Health and Human Services, United States Department of Labor, United States Department of the Treasury.(3 CD's placed in oversized documents) (ervsl, ) (Modified on 11/14/2013 Conventionally filed documents)(ervsl, ). (Entered: 11/13/2013)

Nov. 12, 2013

Nov. 12, 2013

PACER
33

ORDER: This matter is before the Court on Defendants' 30 Motion to Dismiss or, in the Alternative, for Summary Judgment. To permit the Court to consider the merits of the Motion to Dismiss in conjunction with Plaintiff's Motion for Preliminary Injunction, the Court hereby SETS the following briefing schedule: Plaintiff's response to the Motion shall be filed by November 22, 2013, Defendants may reply no later than November 29, 2013. SO ORDERED by Judge William J. Martinez on 11/13/2013. Text Only Entry (wjmlc1, ) (Entered: 11/13/2013)

Nov. 13, 2013

Nov. 13, 2013

PACER
35

Unopposed MOTION for Extension of Time to File Response/Reply as to 19 MOTION to Certify Class and Memdorandum in Support by Defendants Jacob J. Lew, Kathleen Sebelius, Thomas E. Perez, United States Department of Health and Human Services, United States Department of Labor, United States Department of the Treasury. (Bennett, Michelle) (Entered: 11/15/2013)

Nov. 15, 2013

Nov. 15, 2013

PACER
36

ORDER granting 35 Defendants' Unopposed Motion for Extension of Time to Respond to Plaintiffs' Motion for Class Certification 19 . The Defendants' Motion is GRANTED for good cause shown. Defendants' deadline to file their Response to Plaintiffs' Motion is extended up to and including sixty days after the Court resolves Plaintiffs' pending Motion for Preliminary Injunction 15 and Defendants' pending Motion to Dismiss, or in the Alternative, for Summary Judgment 30 . SO ORDERED by Judge William J. Martinez on 11/15/2013. Text Only Entry(wjmsec, ) (Entered: 11/15/2013)

Nov. 15, 2013

Nov. 15, 2013

PACER
37

REPLY IN SUPPORT of 15 Motion for Preliminary Injunction by Plaintiffs Christian Brothers Employee Benefit Trust, Christian Brothers Services, Little Sisters of the Poor Home for the Aged, Denver, Colorado, Little Sisters of the Poor, Baltimore, Inc.. (Attachments: # 1 Exhibit M Mother Loraine Supplemental Declaration, # 2 Exhibit N Brother Quirk Supplemental Declaration, # 3 Exhibit O Self-Certification Form)(Rienzi, Mark) (Modified on 11/18/2013 edited the title of the text to reflect the title of the document filed) (ervsl, ). (Entered: 11/15/2013)

1 Exhibit M Mother Loraine Supplemental Declaration

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2 Exhibit N Brother Quirk Supplemental Declaration

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3 Exhibit O Self-Certification Form

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Nov. 15, 2013

Nov. 15, 2013

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38

Motion for Leave to File Supplemental Authority in Support of re: 15 MOTION for Preliminary Injunction by Plaintiffs Christian Brothers Employee Benefit Trust, Christian Brothers Services, Little Sisters of the Poor Home for the Aged, Denver, Colorado, Little Sisters of the Poor, Baltimore, Inc. (Attachments: # 1 Exhibit Zubik v. Sebelius)(Rienzi, Mark) Modified on 11/22/2013 to correct event and title (dkals, ). (Entered: 11/22/2013)

1 Exhibit Zubik v. Sebelius

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Nov. 22, 2013

Nov. 22, 2013

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39

ORDER denying without prejudice Plaintiffs' Motion for Leave to File Supplement Authority in Support of their Motion for Preliminary Injunction 38 . Plaintiffs' Motion is DENIED for failure meaningfully to comply with D.C.COLO.LCivR 7.1A. See Hoelzel v. First Select Corp., 214 F.R.D. 634 (D. Colo. 2003). SO ORDERED by Judge William J. Martinez on 11/22/2013. Text Only Entry(wjmsec, ) (Entered: 11/22/2013)

Nov. 22, 2013

Nov. 22, 2013

PACER
40

Unopposed MOTION for Leave to file Supplemental Authority in Support of 15 Motion for Preliminary Injunction by Plaintiffs Christiam Brothers Employee Benefit Trust, Christian Brothers Services, Little Sisters of the Poor Home for the Aged, Denver, Colorado, Little Sisters of the Poor, Baltimore, Inc. (Attachments: # 1 Exhibit Zubik v. Sebelius)(Rienzi, Mark) (Modified on 11/25/2013 edited the title of the text to reflect that this is a motion)(ervsl, ). (Entered: 11/22/2013)

1 Exhibit Zubik v. Sebelius

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Nov. 22, 2013

Nov. 22, 2013

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41

OBJECTIONS to 30 MOTION to Dismiss MOTION for Summary Judgment PLAINTIFFS' RULE 56(d) MOTION by Plaintiffs Christian Brothers Employee Benefit Trust, Christian Brothers Services, Little Sisters of the Poor Home for the Aged, Denver, Colorado, Little Sisters of the Poor, Baltimore, Inc.. (Attachments: # 1 Exhibit 1 - Declaration of Mark Rienzi, # 2 Exhibit Exh. A to Declaration of Mark Rienzi, # 3 Exhibit Exh. B to Declaration of Mark Rienzi, # 4 Exhibit Exh. C to Declaration of Mark Rienzi, # 5 Exhibit Exh. D to Declaration of Mark Rienzi, # 6 Exhibit 2 - Second Supplemental Declaration of Brother Michael Quirk, # 7 Exhibit Exh. A to Second Supplemental Declaration of Brother Michael Quirk)(Scherz, Carl) (Entered: 11/22/2013)

1 Exhibit 1 - Declaration of Mark Rienzi

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2 Exhibit Exh. A to Declaration of Mark Rienzi

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3 Exhibit Exh. B to Declaration of Mark Rienzi

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4 Exhibit Exh. C to Declaration of Mark Rienzi

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5 Exhibit Exh. D to Declaration of Mark Rienzi

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6 Exhibit 2 - Second Supplemental Declaration of Brother Michael Quirk

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7 Exhibit Exh. A to Second Supplemental Declaration of Brother Michael Quirk

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Nov. 22, 2013

Nov. 22, 2013

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42

BRIEF in Opposition to 30 MOTION to Dismiss MOTION for Summary Judgment filed by Plaintiffs Christian Brothers Employee Benefit Trust, Christian Brothers Services, Little Sisters of the Poor Home for the Aged, Denver, Colorado, Little Sisters of the Poor, Baltimore, Inc.. (Attachments: # 1 Affidavit Rienzi Authentication Decl., # 2 Exhibit P_Robertson & Collins Survey, # 3 Exhibit Q_Cohen Deposition Excerpt, # 4 Exhibit R_Brother Quirk MSJ Suppl. Decl.)(Blomberg, Daniel) (Entered: 11/22/2013)

1 Affidavit Rienzi Authentication Decl.

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2 Exhibit P_Robertson & Collins Survey

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3 Exhibit Q_Cohen Deposition Excerpt

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4 Exhibit R_Brother Quirk MSJ Suppl. Decl.

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Nov. 22, 2013

Nov. 22, 2013

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43

ORDER granting 40 Plaintiffs' Unopposed Motion for Leave to File Supplemental Authority in Support of their Motion for Preliminary Injunction. The Plaintiffs' Motion is GRANTED for good cause shown. The Court will consider the referenced supplemental authority [40-1] when it rules on Plaintiffs' Motion for Preliminary Injunction. SO ORDERED by Judge William J. Martinez on 11/25/2013. Text Only Entry(wjmsec, ) (Entered: 11/25/2013)

Nov. 25, 2013

Nov. 25, 2013

PACER
44

REPLY to Response to 30 MOTION to Dismiss MOTION for Summary Judgment filed by Defendants Jacob J. Lew, Kathleen Sebelius, Thomas E. Perez, United States Department of Health and Human Services, United States Department of Labor, United States Department of the Treasury. (Bennett, Michelle) (Entered: 11/27/2013)

Nov. 27, 2013

Nov. 27, 2013

RECAP
45

RESPONSE to 41 Objections,,, Defendants' Opposition to Plaintiffs' Rule 56(d) Motion by Defendants Jacob J. Lew, Kathleen Sebelius, Thomas E. Perez, United States Department of Health and Human Services, United States Department of Labor, United States Department of the Treasury. (Bennett, Michelle) (Entered: 12/06/2013)

Dec. 6, 2013

Dec. 6, 2013

PACER
46

MOTION for Leave to File Supplemental Authority In Support of 15 MOTION for Preliminary Injunction by Plaintiffs Christian Brothers Employee Benefit Trust, Christian Brothers Services, Little Sisters of the Poor Home for the Aged, Denver, Colorado, Little Sisters of the Poor, Baltimore, Inc.. (Attachments: # 1 Exhibit)(Rienzi, Mark) (Entered: 12/17/2013)

1 Exhibit

View on PACER

Dec. 17, 2013

Dec. 17, 2013

PACER
47

ORDER granting 46 Plaintiffs' Motion for Leave to File Supplemental Authority in Support of their Motion for Preliminary Injunction. The Plaintiffs' Motion is GRANTED for good cause shown. The Court will consider the referenced supplemental authority [46-1] when it rules on Plaintiffs' Motion for Preliminary Injunction. SO ORDERED by Judge William J. Martinez on 12/18/2013. Text Only Entry(wjmsec, ) (Entered: 12/18/2013)

Dec. 18, 2013

Dec. 18, 2013

PACER
48

MOTION for Leave to File Supplemental Authority In Support of 15 MOTION for Preliminary Injunction by Plaintiffs Christian Brothers Employee Benefit Trust, Christian Brothers Services, Little Sisters of the Poor Home for the Aged, Denver, Colorado, Little Sisters of the Poor, Baltimore, Inc.. (Attachments: # 1 Exhibit)(Rienzi, Mark) (Entered: 12/18/2013)

1 Exhibit

View on PACER

Dec. 18, 2013

Dec. 18, 2013

PACER
49

ORDER: This matter is before the Court sua sponte. The Court is aware that Plaintiff's counsel is challenging the ACA's exemption for "eligible organizations" in courts across the country, as evidenced by the repeated submission of supplemental authority [40-1] [46-1]. The Court has reviewed the supplemental authority received thus far and will consider it in ruling on the pending motions. However, the Court finds that additional supplemental authority is not necessary and will no longer be accepted. The parties are advised that the Court will issue a ruling on the pending motions shortly. SO ORDERED by Judge William J. Martinez on 12/18/2013. Text Only Entry (wjmlc1, ) (Entered: 12/18/2013)

Dec. 18, 2013

Dec. 18, 2013

PACER
50

ORDER denying Plaintiffs' 48 Motion for Leave to File Supplemental Authority. Plaintiffs' Motion is DENIED based on this Court's Order of today which states that "additional supplemental authority is not necessary and will no longer be accepted."(ECF No. 49). SO ORDERED by Judge William J. Martinez on 12/18/2013. Text Only Entry(wjmsec, ) (Entered: 12/18/2013)

Dec. 18, 2013

Dec. 18, 2013

PACER
51

REPLY to Response to 30 MOTION to Dismiss MOTION for Summary Judgment --PLAINTIFFS' REPLY IN SUPPORT OF RULE 56(D) MOTION (DKT 41) filed by Plaintiffs Christian Brothers Employee Benefit Trust, Christian Brothers Services, Little Sisters of the Poor Home for the Aged, Denver, Colorado, Little Sisters of the Poor, Baltimore, Inc.. (Attachments: # 1 Exhibit 1)(Scherz, Carl) (Entered: 12/20/2013)

1 Exhibit 1

View on PACER

Dec. 20, 2013

Dec. 20, 2013

PACER
52

ORDER Plaintiffs Motion for Preliminary Injunction ECF No. 15 is DENIED; Defendants Motion to Dismiss, or in the alternative, for Summary Judgment ECF No. 30 is DENIED to the extent it seeks dismissal of this case for lack of standing. The Court RESERVES RULING on the remainder of the issues raised in the Motion to Dismiss, by Judge William J. Martinez on 12/27/2013.(ervsl, ) (Entered: 12/27/2013)

Dec. 27, 2013

Dec. 27, 2013

RECAP
53

NOTICE OF APPEAL as to 52 Order on Motion to Dismiss,, Order on Motion for Preliminary Injunction, by Plaintiffs Christian Brothers Employee Benefit Trust, Christian Brothers Services, Little Sisters of the Poor Home for the Aged, Denver, Colorado, Little Sisters of the Poor, Baltimore, Inc. (Filing fee $ 505, Receipt Number 1082-3675045) (Blomberg, Daniel) (Entered: 12/27/2013)

Dec. 27, 2013

Dec. 27, 2013

PACER
55

LETTER Transmitting Notice of Appeal to all counsel advising of the transmittal of the 53 Notice of Appeal, filed by Christian Brothers Services, Little Sisters of the Poor Home for the Aged, Denver, Colorado, Little Sisters of the Poor, Baltimore, Inc., Christian Brothers Employee Benefit Trust to the U.S. Court of Appeals. (Retained Counsel, Fee paid,) (Attachments: # 1 Docket Sheet, # 2 Preliminary Record)(dbrow, ) (Entered: 12/30/2013)

1 Docket Sheet

View on PACER

2 Preliminary Record

View on PACER

Dec. 27, 2013

Dec. 27, 2013

PACER
56

USCA Case Number 13-1540 for 53 Notice of Appeal, filed by Christian Brothers Services, Little Sisters of the Poor Home for the Aged, Denver, Colorado, Little Sisters of the Poor, Baltimore, Inc., Christian Brothers Employee Benefit Trust. (dbrow, ) (Entered: 12/30/2013)

Dec. 27, 2013

Dec. 27, 2013

PACER
54

MOTION for Preliminary Injunction Pending Appeal by Plaintiffs Christian Brothers Employee Benefit Trust, Christian Brothers Services, Little Sisters of the Poor Home for the Aged, Denver, Colorado, Little Sisters of the Poor, Baltimore, Inc.. (Roberts, Seth) (Modified on 1/7/2014 Motion re-instated pursuant to the Request from the Magistrate Judge chambers)(ervsl, ). (Entered: 12/28/2013)

Dec. 28, 2013

Dec. 28, 2013

PACER
57

ORDER of USCA as to 53 Notice of Appeal, filed by Christian Brothers Services, Little Sisters of the Poor Home for the Aged, Denver, Colorado, Little Sisters of the Poor, Baltimore, Inc., Christian Brothers Employee Benefit Trust. Appellees shall file a response to the motion no later than 12:00 P.M. (noon) MST on Monday, December 30, 2013. (USCA Case No. 13-1540) (dbrow, ) (Entered: 12/30/2013)

Dec. 28, 2013

Dec. 28, 2013

PACER
58

BRIEF in Opposition to 54 MOTION for Preliminary Injunction Pending Appeal filed by Defendants Jacob J. Lew, Kathleen Sebelius, Thomas E. Perez, United States Department of Health and Human Services, United States Department of Labor, United States Department of the Treasury. (Bennett, Michelle) (Entered: 12/31/2013)

Dec. 31, 2013

Dec. 31, 2013

PACER
59

Unopposed MOTION for Leave to File Supplemental Authority re: 58 Brief in Opposition to Motion, by Defendants Jacob J. Lew, Kathleen Sebelius, Thomas E. Perez, United States Department of Health and Human Services, United States Department of Labor, United States Department of the Treasury. (Attachments: # 1 Little Sisters of the Poor v. Sebelius (10th Cir.))(Bennett, Michelle) (Entered: 12/31/2013)

1 Little Sisters of the Poor v. Sebelius (10th Cir.)

View on PACER

Dec. 31, 2013

Dec. 31, 2013

PACER
60

ORDER granting 59 Defendants' Unopposed Motion for Leave to File Supplemental Authority in Opposition to Plaintiffs' Motion for Injunction Pending Appeal 54 . The Defendants' Motion is GRANTED for good cause shown. The Court will consider the referenced supplemental authority [59-1] when it rules on Plaintiffs' Motion for Preliminary Injunction Pending Appeal. SO ORDERED by Judge William J. Martinez on 12/31/2013. Text Only Entry(wjmsec, ) (Entered: 12/31/2013)

Dec. 31, 2013

Dec. 31, 2013

PACER
61

USCA ORDER denying Appellate Emergency Motion for Preliminary Injunction filed in the Appellate Court pending appeal on 12/31/13.(dbrow, ) (Modified on 1/7/2014 Edited the text to reflect the Motion was filed in the Appellate Court)(ervsl, ). (Entered: 01/02/2014)

Dec. 31, 2013

Dec. 31, 2013

RECAP
62

RESPONSE PLAINTIFFS' AND DEFENDANTS' JOINT FILING IN RESPONSE TO ORDER SETTING RULE 16(B) SCHEDULING CONFERENCE by Plaintiffs Christian Brothers Employee Benefit Trust, Christian Brothers Services, Little Sisters of the Poor Home for the Aged, Denver, Colorado, Little Sisters of the Poor, Baltimore, Inc.. (Scherz, Carl) (Entered: 01/06/2014)

Jan. 6, 2014

Jan. 6, 2014

PACER
63

ORDER By an Order Doc. # 11 entered on October 11, 2013, I set this matter for a scheduling conference on January VACATED; The plaintiffs shall file a status report on or before the earlier of the following: (i) a ruling by the district judge on Plaintiffs Motion for Injunction Pending Appeal Doc. # 54 ; or (ii) April 7, 2014, by Magistrate Judge Boyd N. Boland on 1/7/2014. (ervsl, ) (Entered: 01/07/2014)

Jan. 7, 2014

Jan. 7, 2014

RECAP
64

TRANSCRIPT ORDER FORM re 53 Notice of Appeal, by Plaintiffs Christian Brothers Employee Benefit Trust, Christian Brothers Services, Little Sisters of the Poor Home for the Aged, Denver, Colorado, Little Sisters of the Poor, Baltimore, Inc. (Blomberg, Daniel) (Entered: 01/14/2014)

Jan. 14, 2014

Jan. 14, 2014

PACER
65

LETTER TO USCA and all counsel certifying the record is complete as to 53 Notice of Appeal, filed by Christian Brothers Services, Little Sisters of the Poor Home for the Aged, Denver, Colorado, Little Sisters of the Poor, Baltimore, Inc., Christian Brothers Employee Benefit Trust. A transcript order form was filed stating that a transcript is not necessary. (Appeal No. 13-1540) Text Only Entry (dbrow, ) (Entered: 01/14/2014)

Jan. 14, 2014

Jan. 14, 2014

PACER
66

REPLY to Response to 54 MOTION for Preliminary Injunction Pending Appeal PLAINTIFFS' REPLY IN SUPPORT OF THEIR MOTION FOR INJUNCTION PENDING APPEAL filed by Plaintiffs Christian Brothers Employee Benefit Trust, Christian Brothers Services, Little Sisters of the Poor Home for the Aged, Denver, Colorado, Little Sisters of the Poor, Baltimore, Inc.. (Scherz, Carl) (Entered: 01/14/2014)

Jan. 14, 2014

Jan. 14, 2014

PACER
67

Letter (Order) from Supreme Court of the United States re 54 MOTION for Preliminary Injunction Pending Appeal. (evana, ) (Entered: 01/29/2014)

Jan. 29, 2014

Jan. 29, 2014

PACER
68

ORDER: This matter is before the Court on 54 Plaintiffs' Motion for Injunction Pending Appeal. The United States Supreme Court has ordered that Defendants are enjoined from enforcing the Mandate if Plaintiffs submit a written statement indicating that they hold themselves out as religious organizations and have religious objections to providing coverage for contraceptive services. The Supreme Court's Order explicitly states that Plaintiffs will not be required to use the form prescribed by the Government, and are not required to submit their written notice to any third party. Because the Supreme Court has effectively granted Plaintiffs the injunctive relief they seek in the instant Motion, the Court DENIES the Motion for Injunction Pending Appeal AS MOOT. SO ORDERED by Judge William J. Martinez on 1/30/2014. Text Only Entry(wjmlc1, ) (Entered: 01/30/2014)

Jan. 30, 2014

Jan. 30, 2014

PACER
69

ORDER: This matter is before the Court on 53 Notice of Appeal. Plaintiffs have appealed to the United States Court of Appeals for the Tenth Circuit this Court's denial of Plaintiffs' Motion for Preliminary Injunction. Pursuant to D.C.COLO.LCivR 41.2., the Court ORDERS that the above-captioned case be ADMINISTRATIVELY CLOSED. The parties may seek leave to reopen this case, for good cause shown, once the pending appeal has been resolved. SO ORDERED by Judge William J. Martinez on 1/30/2014. Text Only Entry (wjmlc1, ) (Entered: 01/30/2014)

Jan. 30, 2014

Jan. 30, 2014

PACER
70

Civil Case Terminated pursuant to the Order 69 Administratively Closing case on 1/30/2013. Text Only Entry (evana, ) (Entered: 01/30/2014)

Jan. 30, 2014

Jan. 30, 2014

PACER
71

ORDER of USCA as to 53 Notice of Appeal, filed by Christian Brothers Services, Little Sisters of the Poor Home for the Aged, Denver, Colorado, Little Sisters of the Poor, Baltimore, Inc., Christian Brothers Employee Benefit Trust. ORDER denying the government's motion to consolidate appeals. Appeal numbers 14-6026 and 14-6028 will brief separately and will have separate appendices. The separate briefing will apply to the opening briefs, the response brief, and the optional reply brief. Likewise, the appeals will not be joined for a single oral argument hearing. The court will decide at a later date whether the same panel of judges will hear the matters, and will also determine how and when oral argument will proceed. Those issues remain for consideration. (USCA Case No. 13-1540) (dbrow, ) (Entered: 04/01/2014)

March 31, 2014

March 31, 2014

PACER
72

ORDER of USCA as to 53 Notice of Appeal: These matters are before the 10th Circuit, motions from two members of the media seeking access to the oral argument recording from the hearing held on 12/8/2014. Upon consideration, the motions are granted. (USCA Case No. 13-1540) (alowe) (Entered: 12/09/2014)

Dec. 9, 2014

Dec. 9, 2014

PACER
73

USCA Opinion as to 53 Notice of Appeal, filed by Christian Brothers Services, Little Sisters of the Poor Home for the Aged, Denver, Colorado, Little Sisters of the Poor, Baltimore, Inc., Christian Brothers Employee Benefit Trust : Affirmed and Reversed (USCA Case No. 13-1540) (This document is not the Mandate) (cthom, ) (Entered: 07/14/2015)

July 14, 2015

July 14, 2015

RECAP
74

VACATED USCA Judgment as to 53 Notice of Appeal, filed by Christian Brothers Services, Little Sisters of the Poor Home for the Aged, Denver, Colorado, Little Sisters of the Poor, Baltimore, Inc., Christian Brothers Employee Benefit Trust : (USCA Case No. 13-1540) (This document is not the Mandate) (cthom, ) (Modified on 6/17/2016 Vacated pursuant to the 78 Order of 6/17/2016)(evana, ). (Entered: 07/14/2015)

July 14, 2015

July 14, 2015

PACER
75

Letter from U.S. Supreme Court regarding Petition for Writ of Certiorari re 53 Notice of Appeal, ; assigned Supreme Court No. 15-105 ( Appeal No. 13-1540) (cthom, ) (Entered: 07/24/2015)

July 24, 2015

July 24, 2015

PACER
76

Letter from U.S. Supreme Court regarding Petition for Writ of Certiorari re 53 Notice of Appeal, ; assigned Supreme Court No. 15-105 ( Appeal No. 13-1540) (cthom, ) (Entered: 11/10/2015)

Nov. 10, 2015

Nov. 10, 2015

PACER
77

Letter from U.S. Supreme Court regarding Petition for Writ of Certiorari re 53 Notice of Appeal, ; assigned Supreme Court No. 15-105 ( Appeal No. 13-1540) (cthom, ) (Entered: 02/09/2016)

Feb. 9, 2016

Feb. 9, 2016

PACER
78

ORDER of USCA as to 53 Notice of Appeal, filed by Christian Brothers Services, Little Sisters of the Poor Home for the Aged, Denver, Colorado, Little Sisters of the Poor, Baltimore, Inc., Christian Brothers Employee Benefit Trust. The Supreme Court of the United States entered a judgment on May 16, 2016 reversing the judgment of this court and remanding the cause for further proceedings. Upon further consideration, the judgment of this court filed July 14, 2015 is vacated. Counsel will be notified if this court desires further briefing prior to disposition of this appeal upon remand. (USCA Case No. 13-1540) (evana, ) (Entered: 06/17/2016)

June 17, 2016

June 17, 2016

PACER
79

ORDER of USCA as to 53 Notice of Appeal, filed by Christian Brothers Services, Little Sisters of the Poor Home for the Aged, Denver, Colorado, Little Sisters of the Poor, Baltimore, Inc., Christian Brothers Employee Benefit Trust. (USCA Case No. 13-1540) (angar, ) (Entered: 05/16/2018)

May 14, 2018

May 14, 2018

RECAP
80

Unopposed MOTION to Reopen Case and for Entry of Permanent Injunction and Declaratory Relief by Plaintiffs Christian Brothers Employee Benefit Trust, Christian Brothers Services, Little Sisters of the Poor Home for the Aged, Denver, Colorado, Little Sisters of the Poor, Baltimore, Inc.. (Attachments: # 1 Proposed Order (PDF Only))(Rienzi, Mark) (Entered: 05/16/2018)

1 Proposed Order (PDF Only)

View on RECAP

May 16, 2018

May 16, 2018

RECAP
81

RESPONSE to 80 Unopposed MOTION to Reopen Case and for Entry of Permanent Injunction and Declaratory Relief filed by Defendants Jacob J. Lew, Kathleen Sebelius, Thomas E. Perez, United States Department of Health and Human Services, United States Department of Labor, United States Department of the Treasury. (Bennett, Michelle) (Entered: 05/18/2018)

May 18, 2018

May 18, 2018

RECAP
82

ORDER REOPENING CASE AND GRANTING PERMANENT INJUNCTION. ORDERED: 1. Plaintiffs' Unopposed Motion to Reopen Proceedings and for Entry of Permanent Injunction and Declaration 80 is GRANTED. 2. This case is REOPENED pursuant to D.C.COLO.LCivR 41.2. 3.The Court issues the following PERMANENT INJUNCTION: Defendants, their agents, officers, employees, and all successors in office are enjoined and restrained 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 sterilization or 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, including those in 26 U.S.C. §§ 4980D and 4980H, and 29 U.S.C. §§ 1132 and 1185d, and including, but not limited to, penalties for failure to offer or facilitate access to religiously-objectionable sterilization or contraceptive drugs, devices, or procedures, and related education and counseling, against Plaintiffs, all current and future participating employers in the Christian Brothers Employee Benefit Trust Plan, and any-third party administrators acting on behalf of these entities with respect to the Christian Brothers Employee Benefit Trust Plan, including Christian Brothers Services. Defendants remain free to enforce 26 U.S.C. § 4980H for any purpose other than to require Plaintiffs, other employers participating in the Christian Brother Employee Benefit Trust Plan, and third-party administrators acting on their behalf, to provide or facilitate the provision of sterilization or contraceptive drugs, devices, or procedures, and related education and counseling, or to punish them for failing to do so. 4. The Clerk shall enter judgment in favor of Plaintiffs and against Defendants, and shall terminate this case. Plaintiffs shall have their costs upon compliance with D.C.COLO.LCivR 54.1., by Judge William J. Martinez on 5/29/2018. (dhans, ) (Entered: 05/29/2018)

May 29, 2018

May 29, 2018

RECAP
83

FINAL JUDGMENT. re: 82, by clerk on 5/29/2018. (dhans, ) (Entered: 05/29/2018)

May 29, 2018

May 29, 2018

PACER
84

Unopposed MOTION for Extension of Time to File a Bill of Costs and Motion for Attorney's Fees by Plaintiffs Christian Brothers Employee Benefit Trust, Christian Brothers Services, Little Sisters of the Poor Home for the Aged, Denver, Colorado, Little Sisters of the Poor, Baltimore, Inc.. (Rienzi, Mark) (Entered: 06/11/2018)

June 11, 2018

June 11, 2018

PACER
85

ORDER granting Plaintiffs' Unopposed Motion to Extend Deadlines for Bill of Costs and Motion for Attorney's Fees 84 . Plaintiffs are granted leave, for good cause shown, to file their Bill of Costs and Motion for Attorney's Fees on or before July 3, 2018. SO ORDERED by Judge William J. Martinez on 6/12/2018. Text Only Entry (wjmsec, ) (Entered: 06/12/2018)

June 12, 2018

June 12, 2018

PACER
86

Unopposed MOTION for Extension of Time to file Bill of Costs and Motion for Attorney's Fees by Plaintiffs Christian Brothers Employee Benefit Trust, Christian Brothers Services, Little Sisters of the Poor Home for the Aged, Denver, Colorado, Little Sisters of the Poor, Baltimore, Inc.. (Rienzi, Mark) (Entered: 06/26/2018)

June 26, 2018

June 26, 2018

PACER
87

ORDER granting Plaintiffs' Unopposed Motion to Extend Deadlines for Bill of Costs and Motion for Attorney's Fees 86 . Plaintiffs are granted leave, for good cause shown, to file their Bill of Costs and Motion for Attorney's Fees on or before July 31, 2018. SO ORDERED by Judge William J. Martinez on 6/26/2018. Text Only Entry (wjmsec, ) (Entered: 06/26/2018)

June 26, 2018

June 26, 2018

PACER
88

ORDER of USCA as to 53 Notice of Appeal, filed by Christian Brothers Services, Little Sisters of the Poor Home for the Aged, Denver, Colorado, Little Sisters of the Poor, Baltimore, Inc., Christian Brothers Employee Benefit Trust. (USCA Case No. 13-1540) (angar, ) (Entered: 06/27/2018)

June 26, 2018

June 26, 2018

RECAP
89

MANDATE of USCA as to 53 Notice of Appeal, filed by Christian Brothers Services, Little Sisters of the Poor Home for the Aged, Denver, Colorado, Little Sisters of the Poor, Baltimore, Inc., Christian Brothers Employee Benefit Trust : (USCA Case No. 13-1540) (angar, ) (Entered: 06/27/2018)

June 26, 2018

June 26, 2018

PACER
90

Unopposed MOTION for Extension of Time to file Bill of Costs and motion for attorney's fees by Plaintiffs Christian Brothers Employee Benefit Trust, Christian Brothers Services, Little Sisters of the Poor Home for the Aged, Denver, Colorado, Little Sisters of the Poor, Baltimore, Inc.. (Rienzi, Mark) (Entered: 07/26/2018)

July 26, 2018

July 26, 2018

PACER
91

ORDER granting Unopposed Motion to Extend Deadlines for Bill of Costs and Motion for Attorney's Fees 90 . Plaintiffs are granted leave, for good cause shown, to file said Response on or before August 31, 2018. SO ORDERED by Judge William J. Martinez on 7/27/2018. Text Only Entry (wjmsec, ) (Entered: 07/27/2018)

July 27, 2018

July 27, 2018

PACER
92

Unopposed MOTION for Extension of Time to file a Bill of Costs and Motion for Attorney's Fees by Plaintiffs Christian Brothers Employee Benefit Trust, Christian Brothers Services, Little Sisters of the Poor Home for the Aged, Denver, Colorado, Little Sisters of the Poor, Baltimore, Inc.. (Rienzi, Mark) (Entered: 08/22/2018)

Aug. 22, 2018

Aug. 22, 2018

PACER
93

ORDER granting Plaintiffs' Unopposed Motion to Extend Deadlines for Bill of Costs and Motion for Attorney's Fees 92 . Plaintiffs are granted leave, for good cause shown, to file their Bill of Costs and Motion for Attorney's Fees on or before October 1, 2018. SO ORDERED by Judge William J. Martinez on 8/22/2018. Text Only Entry (wjmsec, ) (Entered: 08/23/2018)

Aug. 23, 2018

Aug. 23, 2018

PACER
94

Unopposed MOTION for Extension of Time to File Motion for Bill of Costs and for Attorney's Fees by Plaintiffs Christian Brothers Employee Benefit Trust, Christian Brothers Services, Little Sisters of the Poor Home for the Aged, Denver, Colorado, Little Sisters of the Poor, Baltimore, Inc.. (Rienzi, Mark) (Entered: 09/27/2018)

Sept. 27, 2018

Sept. 27, 2018

PACER
95

ORDER granting Plaintiffs' Unopposed Motion to Extend Deadlines for Bill of Costs and Motion for Attorney's Fees 94 . Plaintiffs are granted leave, for good cause shown, to file their Bill of Costs and Motion for Attorney's Fees on or before November 30, 2018. SO ORDERED by Judge William J. Martinez on 9/27/2018. Text Only Entry (wjmsec, ) (Entered: 09/27/2018)

Sept. 27, 2018

Sept. 27, 2018

PACER
96

Unopposed MOTION for Extension of Time to file Bill of Costs and Motion for Attorney's Fees by Plaintiffs Christian Brothers Employee Benefit Trust, Christian Brothers Services, Little Sisters of the Poor Home for the Aged, Denver, Colorado, Little Sisters of the Poor, Baltimore, Inc.. (Rienzi, Mark) (Entered: 11/27/2018)

Nov. 27, 2018

Nov. 27, 2018

PACER
97

ORDER granting Plaintiffs' Unopposed Motion to Extend Deadlines for Bill of Costs and Motion for Attorney's Fees 96 . Plaintiffs are granted leave, for good cause shown, to file their Bill of Costs and Motion for Attorney's Fees on or before January 29, 2019. NO FURTHER EXTENSIONS OF THESE DEADLINES WILL BE GRANTED. SO ORDERED by Judge William J. Martinez on 11/27/2018. Text Only Entry (wjmsec, ) (Entered: 11/27/2018)

Nov. 27, 2018

Nov. 27, 2018

PACER
98

NOTICE by Plaintiffs Christian Brothers Employee Benefit Trust, Christian Brothers Services, Little Sisters of the Poor Home for the Aged, Denver, Colorado, Little Sisters of the Poor, Baltimore, Inc. (Rienzi, Mark) (Entered: 01/28/2019)

Jan. 28, 2019

Jan. 28, 2019

RECAP

Case Details

State / Territory: Colorado

Case Type(s):

Speech and Religious Freedom

Special Collection(s):

Contraception Insurance Mandate

Multi-LexSum (in sample)

Key Dates

Filing Date: Sept. 24, 2013

Closing Date: 2018

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Non-profit Catholic organizations that believe the Affordable Care Act's contraception insurance mandate violates their religious beliefs

Plaintiff Type(s):

Private Plaintiff

Non-profit religious organization

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

U.S. Department of Labor, Federal

U.S. Department of the Treasury, Federal

U.S. Department of Health and Human Services, 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

Free Exercise Clause

Establishment Clause

Freedom of speech/association

Equal Protection

Available Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Preliminary injunction / Temp. restraining order

Source of Relief:

Litigation

Content of Injunction:

Preliminary relief granted

Issues

General/Misc.:

Religious programs / policies

Discrimination Basis:

Religion discrimination

Discrimination Area:

Pay / Benefits

Reproductive rights:

Abortion

Contraception