Case: Beckwith v. Sebelius

Beckwith Electric Co., Inc. v. Sebelius

U.S. Court of Appeals for the Eleventh Circuit

Beckwith Electric Co., Inc. v. Sebelius

COMPLAINT against Seth D. Harris, Jack Lew, Kathleen Sebelius, United States Department of Health and Human Services, United States Department of Labor, United States Department of the Treasury (Filing fee $ 350 receipt number TPA16274) filed by Thomas R. Beckwith, Beckwith Electric Co., Inc.. (Attachments: # 1 Civil Cover Sheet)(VCG) (Entered: 03/13/2013)

1 Civil Cover Sheet

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SUMMONS issued as to Seth D. Harris, Jack Lew, Kathleen Sebelius, United States Department of Health and Human Services, United States Department of Labor, United States Department of the Treasury. (VCG) (Entered: 03/13/2013)

STANDING ORDER: Filing of documents that exceed twenty-five pages. Signed by Judge Elizabeth A. Kovachevich on 07/15/2008. (VCG) (Entered: 03/13/2013)

MOTION for Erin Mersino to appear pro hac vice by Thomas R. Beckwith, Beckwith Electric Co., Inc.. (Attachments: # 1 Exhibit A, Special Admission Certification)(Richards, Scott) Motions referred to Magistrate Judge Mark A. Pizzo. (Entered: 03/18/2013)

1 Exhibit A, Special Admission Certification

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NOTICE of designation under Local Rule 3.05 - Track 2 (CLM) (Entered: 03/19/2013)

SUMMONS issued as to U.S. Attorney and U.S. Attorney General. (VCG) (Entered: 03/20/2013)

ORDER granting 4 motion for Erin Elizabeth Mersinoto appear pro hac vice on behalf of Plaintiffs. Signed by Magistrate Judge Mark A. Pizzo on 3/22/2013. (DK) (Entered: 03/22/2013)

CERTIFICATE of interested persons and corporate disclosure statement by Thomas R. Beckwith, Beckwith Electric Co., Inc.. (Richards, Scott) (Entered: 04/10/2013)

PROOF of service by Thomas R. Beckwith, Beckwith Electric Co., Inc. (Richards, Scott) (Entered: 05/13/2013)

MOTION for preliminary injunction by All Plaintiffs. (Attachments: # 1 Exhibit 1, Declaration of Thomas Beckwith, # 2 Exhibit 2, Declaration of Joni Smith, # 3 Exhibit 1 to Exhibit 2)(Richards, Scott) (Entered: 05/13/2013)

1 Exhibit 1, Declaration of Thomas Beckwith

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2 Exhibit 2, Declaration of Joni Smith

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3 Exhibit 1 to Exhibit 2

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Unopposed MOTION to extend time to Respond to Complaint by Seth D. Harris, Jack Lew, Kathleen Sebelius, United States Department of Health and Human Services, United States Department of Labor, United States Department of the Treasury. (Pollack, Michael) (Entered: 05/15/2013)

ENDORSED ORDER granting 11 Motion to extend time to respond to the complaint for 30 days following order on motion for preliminary injunction. Signed by Judge Elizabeth A. Kovachevich on 5/20/2013. (SN) (Entered: 05/20/2013)

NOTICE of supplemental authority re 10 MOTION for preliminary injunction by Thomas R. Beckwith, Beckwith Electric Co., Inc. (Attachments: # 1 Exhibit A, Determination from Florida's Office of Insurance Regulation)(Richards, Scott) (Entered: 05/22/2013)

1 Exhibit A, Determination from Florida's Office of Insurance Regulation

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NOTICE of Appearance by Maria Kayanan on behalf of ACLU of Florida (Kayanan, Maria) (Entered: 05/23/2013)

NOTICE of Appearance by Yvette Acosta MacMillan on behalf of ACLU of Florida (Acosta MacMillan, Yvette) (Entered: 05/23/2013)

MOTION for Jennifer Lee to appear pro hac vice by ACLU of Florida. (Attachments: # 1 Exhibit A)(Acosta MacMillan, Yvette) Motions referred to Magistrate Judge Mark A. Pizzo. (Entered: 05/23/2013)

1 Exhibit A

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MOTION for Daniel Mach to appear pro hac vice by ACLU of Florida. (Attachments: # 1 Exhibit A)(Acosta MacMillan, Yvette) Motions referred to Magistrate Judge Mark A. Pizzo. (Entered: 05/23/2013)

1 Exhibit A

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MOTION to file amicus brief by ACLU of Florida. (Acosta MacMillan, Yvette) (Entered: 05/24/2013)

Joint MOTION to extend time to meet and submit a Case Management Report by All Defendants. (Pollack, Michael) (Entered: 05/24/2013)

NOTICE of hearing on motion 10 MOTION for preliminary injunction. Motion Hearing set for 6/17/2013 at 10:30 AM in Tampa Courtroom 14 A before Judge Elizabeth A. Kovachevich. (CLM) (Entered: 05/28/2013)

ENDORSED ORDER granting 18 Motion to file amicus brief. The American Civil Liberties Union ("ACLU") and the ACLU of Florida may file an amicus curiae brief, which shall not exceed fifteen (15) pages, by no later than noon on June 4, 2013. Signed by Judge Elizabeth A. Kovachevich on 5/28/2013. (JPS) (Entered: 05/28/2013)

ENDORSED ORDER granting 19 Motion to extend time. The parties shall submit a case management report within 30 days of the date the Court rules on the pending motion for preliminary injunction. Signed by Judge Elizabeth A. Kovachevich on 5/28/2013. (JPS) (Entered: 05/28/2013)

MEMORANDUM in opposition re 10 Motion for preliminary injunction by Amici ACLU filed by ACLU of Florida. (Attachments: # 1 Exhibit 6th Circuit Order)(Kayanan, Maria) (Entered: 05/28/2013)

1 Exhibit 6th Circuit Order

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MEMORANDUM in opposition re 10 Motion for preliminary injunction filed by Seth D. Harris, Jack Lew, Kathleen Sebelius, United States Department of Health and Human Services, United States Department of Labor, United States Department of the Treasury. (Attachments: # 1 Exhibit Autocam Sixth Circuit Order, # 2 Exhibit Eden Foods v. Sebelius, # 3 Exhibit Beckwith Electric Articles of Incorporation)(Pollack, Michael) (Entered: 05/28/2013)

1 Exhibit Autocam Sixth Circuit Order

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2 Exhibit Eden Foods v. Sebelius

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3 Exhibit Beckwith Electric Articles of Incorporation

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Emergency MOTION to Expedite Consideration of Preliminary Injunction Motion (Doc. No. 10) and/or Motion to Withdraw Oral Argument by Thomas R. Beckwith, Beckwith Electric Co., Inc.. (Richards, Scott) (Entered: 05/29/2013)

ENDORSED ORDER directing Seth D. Harris, Jack Lew, Kathleen Sebelius, United States Department of Health and Human Services, United States Department of Labor, United States Department of the Treasury to respond to 25 Emergency MOTION to Expedite Consideration of Preliminary Injunction Motion (Doc. No. 10) and/or Motion to Withdraw Oral Argument. The response shall specifically address whether the parties are in agreement as to any of the requested relief, clarifying the Rule 3.01(g) certification in the emergency motion. The response is due by 9:00 a.m. on 5/30/2013. Signed by Judge Elizabeth A. Kovachevich on 5/29/2013. (JPS) (Entered: 05/29/2013)

RESPONSE to Motion re 25 Emergency MOTION to Expedite Consideration of Preliminary Injunction Motion (Doc. No. 10) and/or Motion to Withdraw Oral Argument filed by Seth D. Harris, Jack Lew, Kathleen Sebelius, United States Department of Health and Human Services, United States Department of Labor, United States Department of the Treasury. (Pollack, Michael) (Entered: 05/29/2013)

MOTION to file amicus brief by The Association of Gospel Rescue Missions, Prison Fellowship Ministries, Association of Christian Schools International, Ethics & Religious Liberty Commission of the Southern Baptist Convention, Institutional Religious Freedom Alliance, Christian Legal Society, The C12 Group. (Gannam, Roger) (Entered: 05/29/2013)

APPEARANCE of non-resident counsel and designation of local counsel by Roger K. Gannam on behalf of Association of Christian Schools International, Christian Legal Society, Ethics & Religious Liberty Commission of the Southern Baptist Convention, Institutional Religious Freedom Alliance, Prison Fellowship Ministries, The Association of Gospel Rescue Missions, The C12 Group. Local Counsel: Roger K. Gannam. Non-Resident Counsel: Kimberlee Wood Colby. (Gannam, Roger) (Entered: 05/29/2013)

ORDER granting 16 motion to appear pro hac vice; granting 17 motion to appear pro hac vice. Signed by Magistrate Judge Mark A. Pizzo on 5/29/2013. (DK) (Entered: 05/29/2013)

ORDER denying 25 Motion to Expedite. Signed by Judge Elizabeth A. Kovachevich on 5/30/2013. (JPS) (Entered: 05/30/2013)

ENDORSED ORDER granting 28 Motion to file amicus brief. The Association of Gospel Rescue Missions, Prison Fellowship Ministries, Association of Christian Schools International, Ethics & Religious Liberty Commission of the Southern Baptist Convention, Institutional Religious Freedom Alliance, Christian Legal Society, and the C12 Group may file a collective amici curiae brief, which shall not exceed fifteen (15) pages, by no later than noon on June 4, 2013. Signed by Judge Elizabeth A. Kovachevich on 5/31/2013. (JPS) (Entered: 05/31/2013)

PLAINTIFF'S BRIEF re 32 Order on motion to file amicus brief filed by Association of Christian Schools International, Christian Legal Society, Ethics & Religious Liberty Commission of the Southern Baptist Convention, Institutional Religious Freedom Alliance, Prison Fellowship Ministries, The Association of Gospel Rescue Missions, The C12 Group, National Association of Evangelicals. (Gannam, Roger) (Entered: 06/04/2013)

MOTION for leave to file AMICUS MEMORANDUM IN SUPPORT OF PLANTIFFS' MOTION FOR PRELIMINARY INJUNCTION by State of Florida, Office of the Attorney General. (Attachments: # 1 Exhibit MEMORANDUM)(Winship, Blaine) (Entered: 06/05/2013)

1 Exhibit MEMORANDUM

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ENDORSED ORDER granting 34 Motion for Leave to File. The State of Florida, through the Office of the Attorney General, is permitted to file the amicus curiae brief that is attached as Exhibit 1 to the motion. The State of Florida must refile the amicus brief as a separate document. Signed by Judge Elizabeth A. Kovachevich on 6/6/2013. (JPS) (Entered: 06/06/2013)

MEMORANDUM in support re 10 Motion for preliminary injunction filed by State of Florida, Office of the Attorney General. (Winship, Blaine) (Entered: 06/06/2013)

Minute Entry. Proceedings held before Judge Elizabeth A. Kovachevich: MOTION HEARING held on 6/17/2013 re 10 MOTION for preliminary injunction filed by Beckwith Electric Co., Inc., Thomas R. Beckwith. Court Reporter: Sandra K. Provenzano (CLM) (Entered: 06/17/2013)

NOTICE by Thomas R. Beckwith, Beckwith Electric Co., Inc. of Clarification to Record (Pizzo, Paul) (Entered: 06/19/2013)

ORDER granting 10 Motion for Preliminary Injunction. The government is enjoined from enforcing the contraceptive mandate consistent with the terms of this order. Plaintiffs are required to post a bond in the amount of $75,000.00. Signed by Judge Elizabeth A. Kovachevich on 6/25/2013. (JPS) (Entered: 06/25/2013)

Unopposed MOTION to extend time to Respond to Complaint and Prepare Case Management Report by All Defendants. (Pollack, Michael) (Entered: 07/11/2013)

ENDORSED ORDER granting 40 Motion to extend time. The Case Management Report and response to the Complaint must be served and filed no later than September 2, 2013. Signed by Judge Elizabeth A. Kovachevich on 7/12/2013. (JPS) (Entered: 07/12/2013)

Injunction BOND in the amount of $ 75,000.00 posted by Thomas R. Beckwith, Beckwith Electric Co., Inc. (DMS) (Entered: 07/18/2013)

NOTICE OF APPEAL as to 39 Order on Motion for Preliminary Injunction by Seth D. Harris, Jack Lew, Kathleen Sebelius, United States Department of Health and Human Services, United States Department of Labor, United States Department of the Treasury. (Pollack, Michael) (Entered: 08/22/2013)

TRANSMITTAL of initial appeal package to USCA consisting of copies of notice of appeal, docket sheet, order/judgment being appealed, and motion, if applicable to USCA re 43 Notice of appeal. (VCG) (Entered: 08/23/2013)

Unopposed MOTION to stay district court proceedings pending appeal by All Defendants. (Pollack, Michael) (Entered: 08/23/2013)

ORDER granting 45 motion to stay. This case is stayed until further order of this Court. The Clerk of Court is ordered to administratively close this case. Signed by Judge Elizabeth A. Kovachevich on 8/26/2013. (JPS) (Entered: 08/26/2013)

Notice of substitution of AUSA. Michele Bennett substituting for Michael C. Pollack. (Bennett, Michele) (Entered: 05/21/2014)

NOTICE of change of address by Roger K. Gannam (Gannam, Roger) (Entered: 08/12/2014)

ORDER of USCA: Motion to dismiss appeal without prejudice filed by Appellants U.S. Department of Labor, U.S. Department of Health and Human Services, Secretary, U.S. Department of the Treasury, U.S. Department of the Treasury, Secretary, U.S. Department of Health and Human Services and Secretary, U.S. Department of Labor is GRANTED as to 43 Notice of appeal filed by United States Department of the Treasury, Kathleen Sebelius, United States Department of Health and Human Services, Seth D. Harris, United States Department of Labor, Jack Lew. EOD: 9/4/14; USCA number: 13-13879-V. (JNB) (Entered: 09/05/2014)

ENDORSED ORDER for a status report. The appeal in this case has been dismissed but the case remains administratively closed. The parties have up to and including 2/9/15 to inform the court of what if anything remains to be done in this case and if the case should be taken out of administrative closure and should proceed forward. Signed by Judge Elizabeth A. Kovachevich on 1/23/2015. (SN) (Entered: 01/23/2015)

Joint MOTION to Approve Consent Judgment by All Defendants. (Attachments: # 1 Text of Proposed Order)(Bennett, Michele) (Entered: 02/09/2015)

1 Text of Proposed Order

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ORDER granting 51 Motion to Approve Consent Judgment and for entry of judgment. See order for details. The Clerk of Court is directed to close this case and to terminate any pending motions. Signed by Judge Elizabeth A. Kovachevich on 2/10/2015. (SN) (Entered: 02/10/2015)

JUDGMENT in favor of Beckwith Electric Co., Inc., Thomas R. Beckwith against United States Department of Health and Human Services, United States Department of Labor, United States Department of the Treasury, Jack Lew, Kathleen Sebelius, Seth D. Harris (Signed by Deputy Clerk) (LD) (Entered: 02/11/2015)

STATUS report Joint Status Report by Thomas R. Beckwith, Beckwith Electric Co., Inc.. (Mersino, Erin) (Entered: 04/09/2015)

ENDORSED ORDER that the parties have up to and including May 25, 2015 to further negotiate attorneys' fees and costs and to file a joint statement notifying the Court of their progress on that date. If no settlement is reached at that time, then the Plaintiffs may file a motion for attorneys' fees and costs within thirty days of May 25, 2015, pursuant to Federal Rule of Civil Procedure 54. Signed by Judge Elizabeth A. Kovachevich on 4/10/2015. (SN) (Entered: 04/10/2015)

STATUS report (Joint) by Kathleen Sebelius, Seth D. Harris, United States Department of the Treasury, United States Department of Health and Human Services, United States Department of Labor, Jack Lew. (Bennett, Michele) (Entered: 05/22/2015)

ENDORSED ORDER granting request in docket 56 for an extension up to and including 6/22/15 to allow the parties to attempt to settle the attorney's fee issues or file a motion within 30 days of the 6/22/15 date. Signed by Judge Elizabeth A. Kovachevich on 5/26/2015. (SN) (Entered: 05/26/2015)

Order

STATUS report (Joint) by Thomas R. Beckwith, Beckwith Electric Co., Inc.. (Mersino, Erin) (Entered: 06/22/2015)

ENDORSED ORDER granting request in 58 Status report filed by Beckwith Electric Co., Inc., Thomas R. Beckwith for extension of time until 7/22/15. Signed by Judge Elizabeth A. Kovachevich on 6/23/2015. (SN) (Entered: 06/23/2015)

Order

STATUS report (Joint) by Thomas R. Beckwith, Beckwith Electric Co., Inc.. (Mersino, Erin) (Entered: 07/22/2015)