Case: Midwest Fastener Corp. v. Sebelius

1:13-cv-01337 | U.S. District Court for the District of Columbia

Filed Date: Sept. 5, 2013

Closed Date: 2015

Clearinghouse coding complete

Case Summary

On September 5, 2013, the voting stockholders of Midwest Fasteners, a Michigan for-profit corporation, filed a lawsuit in the U.S. District Court for the District of Columbia against the Federal Government under the Religious Freedom Restoration Act (RFRA), the First Amendment, and the Administrative Procedure Act (APA). The plaintiffs, represented by private counsel, asked the court to issue a preliminary and permanent injunction prohibiting enforcement of provisions of the Affordable Care Act…

On September 5, 2013, the voting stockholders of Midwest Fasteners, a Michigan for-profit corporation, filed a lawsuit in the U.S. District Court for the District of Columbia against the Federal Government under the Religious Freedom Restoration Act (RFRA), the First Amendment, and the Administrative Procedure Act (APA). The plaintiffs, represented by private counsel, asked the court to issue a preliminary and permanent injunction prohibiting enforcement of provisions of the Affordable Care Act (ACA) extending universal contraception coverage to employer-sponsored private health insurance. Specifically, the stockholders contended that compliance with the contraception coverage requirement violated their sincerely held religious beliefs.

On October 8, 2013, the plaintiffs filed a motion for a preliminary injunction of the HHS Mandate. They also sought a stay. On October 15, the Government filed a notice of non-opposition to the plaintiffs' motions in light of ongoing appeals in similar cases, including Gilardi v. HHS.

On October 16,2013 the District Court (Judge Ellen Segal Huvelle) granted the unopposed motion for preliminary injunction and stayed the case until 30 days after the resolution of Gilardi. Additionally, Judge Huvelle directed the clerk to administratively close the case until further order of the court.

On June 30, 2014, the Supreme Court decided Burwell v. Hobby Lobby in favor of Hobby Lobby due to their religious objection to complying with the contraception coverage of the ACA.

Back in this case, on September 10, 2014 the parties jointly filed a motion for stay that was granted on September 16, 2014. In addition to granting the motion for stay, the court extended the preliminary injunction until October 20, 2014 and ordered the parties to file status reports on October 6, 2014.

On October 24, 2014 Judge Ellen S. Huvelle ruled that, in light of the Supreme Court's decision in Burwell v. Hobby Lobby, the defendants would be permanently enjoined from enforcing the provisions of the ACA against the plaintiffs. The parties were ordered to attempt to reach an agreement on attorneys fees within 45 days. The plaintiffs filed a motion on December 3, 2014 to extend time to file a motion for attorney's fees and a new deadline was set for January 7, 2015.

There has been no further activity on the docket the case is now presumed closed.

Summary Authors

Richard Jolly (5/11/2014)

Taylor Brook (2/22/2018)

Related Cases

Hobby Lobby v. Sebelius, Western District of Oklahoma (2012)

Gilardi v. Dep't of Health and Human Services [Gilardi v. Sebelius], District of Columbia (2013)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4212151/parties/midwest-fastener-corp-v-sebelius/


Judge(s)

Huvelle, Ellen Segal (District of Columbia)

Attorneys(s) for Plaintiff

Beauman, Bryan H. (Kentucky)

Garza, John R. (Maryland)

Krueger, Robb S. (Michigan)

Miller, Jason C. (Michigan)

Attorneys(s) for Defendant

Berwick, Benjamin Leon (District of Columbia)

Pruski, Jacek (District of Columbia)

Judge(s)

Huvelle, Ellen Segal (District of Columbia)

Attorneys(s) for Plaintiff

Beauman, Bryan H. (Kentucky)

Garza, John R. (Maryland)

Krueger, Robb S. (Michigan)

Miller, Jason C. (Michigan)

Attorneys(s) for Defendant

Berwick, Benjamin Leon (District of Columbia)

Pruski, Jacek (District of Columbia)

Documents in the Clearinghouse

Document

Docket [PACER]

March 27, 2015 Docket
1

Complaint

Sept. 5, 2013 Complaint
13

Order granting preliminary injunction

Oct. 16, 2013 Order/Opinion
21

Order and Judgment

Midwest Fastener Corp v. Burwell

Oct. 24, 2014 Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4212151/midwest-fastener-corp-v-sebelius/

Last updated May 12, 2022, 8 p.m.

ECF Number Description Date Link
1

COMPLAINT against All Defendants ( Filing fee $ 400 receipt number 0090-3456251) filed by THE HENRY DEVRIES REVOCABLE TRUST, MIDWEST FASTENER CORP, THE ROBERT DANIEL DEVRIES LIVING TRUST. (Attachments: # 1 Summons, # 2 Civil Cover Sheet)(Garza, John) (Entered: 09/05/2013)

1

View on PACER

2

View on PACER

Sept. 5, 2013 RECAP

Case Assigned to Judge Ellen S. Huvelle. (md, )

Sept. 5, 2013 PACER

SUMMONS NOT ISSUED (6) as to JACOB LEW, THOMAS PEREZ, KATHLEEN SEBELIUS, UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES, UNITED STATES DEPARTMENT OF LABOR, UNITED STATES DEPARTMENT OF THE TREASURY (md, )

Sept. 6, 2013 PACER
2

NOTICE Notice of Corrected Civil Cover Sheet by HENRY DEVRIES REVOCABLE TRUST, MIDWEST FASTENER CORP, ROBERT DANIEL DEVRIES LIVING TRUST (Garza, John) (Entered: 09/11/2013)

Sept. 11, 2013 PACER
3

COMPLAINT with addresses against All Defendants (Fee Status:Filing Fee Waived) filed by HENRY DEVRIES REVOCABLE TRUST, MIDWEST FASTENER CORP, ROBERT DANIEL DEVRIES LIVING TRUST.(Garza, John) (Entered: 09/11/2013)

Sept. 11, 2013 PACER
4

NOTICE by HENRY DEVRIES REVOCABLE TRUST, MIDWEST FASTENER CORP, ROBERT DANIEL DEVRIES LIVING TRUST (Attachments: # 1 Summons Atty General, # 2 Summons Dept Health, # 3 Summons Dept of Treas, # 4 Summons Lew, # 5 Summons Machen, # 6 Summons Perez, # 7 Summons Sebelius, # 8 Summons Dept of Labor)(Garza, John) (Entered: 09/11/2013)

Sept. 11, 2013 PACER
5

ELECTRONIC SUMMONS ISSUED (8) as to JACOB LEW, THOMAS PEREZ, KATHLEEN SEBELIUS, UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES, UNITED STATES DEPARTMENT OF LABOR, UNITED STATES DEPARTMENT OF THE TREASURY, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Summons 2nd, # 2 Summons 3rd, # 3 Summons 4th, # 4 Summons 5th, # 5 Summons 6th, # 6 Summons 7th, # 7 Summons 8th, # 8 Notice of Consent, # 9 Consent Form)(md, ) (Entered: 09/11/2013)

Sept. 11, 2013 PACER
6

MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Robb Stuart Krueger, :Firm- Kreis, Enderle, Hudgins & Borsos, P.C., :Address- 8225 Moorsbridge, P.O. Box 4010, Kalamazoo, MI 49003-4010. Phone No. - 269-324-3000. Fax No. - 269-324-3010 by HENRY DEVRIES REVOCABLE TRUST, MIDWEST FASTENER CORP, ROBERT DANIEL DEVRIES LIVING TRUST (Garza, John) (Entered: 10/01/2013)

Oct. 1, 2013 PACER

MINUTE ORDER granting 6 Unopposed Motion for Leave to Appear Pro Hac Vice: upon consideration of the motion, it is hereby ORDERED that Robb Stuart Krueger is admitted pro hac vice for the purpose of appearing in the above-captioned matter. Signed by Judge Ellen S. Huvelle on October 2, 2013. (AG)

Oct. 2, 2013 PACER
7

MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Jason Charles Miller, :Firm- Miller Johnson, :Address- 250 Monroe Avenue NW, Suite 800, Grand Rapids, MI 49503. Phone No. - 616-831-1794. Fax No. - 616-988-1794 by HENRY DEVRIES REVOCABLE TRUST, MIDWEST FASTENER CORP, ROBERT DANIEL DEVRIES LIVING TRUST (Garza, John) (Entered: 10/08/2013)

Oct. 8, 2013 PACER
8

MOTION for Preliminary Injunction by HENRY DEVRIES REVOCABLE TRUST, MIDWEST FASTENER CORP, ROBERT DANIEL DEVRIES LIVING TRUST (Attachments: # 1 Certificate of Service, # 2 Text of Proposed Order)(Garza, John) (Entered: 10/08/2013)

Oct. 8, 2013 PACER

MINUTE ORDER granting 7 plaintiff's Motion for Leave to Appear Pro Hac Vice: it is hereby ORDERED that the Motion for Leave to Appear Pro Hac Vice is GRANTED; and it is further ORDERED that Jason Charles Miller is admitted pro hac vice for the purpose of appearing in the above-captioned case. Signed by Judge Ellen S. Huvelle on October 8, 2013. (AG)

Oct. 8, 2013 PACER
9

NOTICE of Appearance by Jacek Pruski on behalf of All Defendants (Pruski, Jacek) (Entered: 10/09/2013)

Oct. 9, 2013 PACER
10

MOTION to Stay by JACOB LEW, THOMAS E. PEREZ, KATHLEEN SEBELIUS, UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES, UNITED STATES DEPARTMENT OF LABOR, UNITED STATES DEPARTMENT OF THE TREASURY (Attachments: # 1 Text of Proposed Order)(Pruski, Jacek) (Entered: 10/09/2013)

Oct. 9, 2013 PACER
11

OPPOSITION to motion re 10 MOTION to Stay filed by HENRY DEVRIES REVOCABLE TRUST, MIDWEST FASTENER CORP, ROBERT DANIEL DEVRIES LIVING TRUST. (Garza, John) Modified on 10/9/2013 (jf, ). (Entered: 10/09/2013)

Oct. 9, 2013 PACER
12

NOTICE of Non-Opposition to Plaintiffs' Motion for Preliminary Injunction by JACOB LEW, THOMAS E. PEREZ, KATHLEEN SEBELIUS, UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES, UNITED STATES DEPARTMENT OF LABOR, UNITED STATES DEPARTMENT OF THE TREASURY re 8 MOTION for Preliminary Injunction (Pruski, Jacek) (Entered: 10/15/2013)

Oct. 15, 2013 RECAP
13

ORDER granting 8 plaintiffs' unopposed Motion for Preliminary Injunction and 10 defendants' unopposed Motion to Stay until 30 days after issuance of the mandate in Gilardi v. U.S. Dep't of Health & Human Servs., No. 13-5069 (D.C. Cir.). Clerk is directed to administratively close this case. See order for details. Signed by Judge Ellen S. Huvelle on October 16, 2013. (AG) (Entered: 10/16/2013)

Oct. 16, 2013 PACER
14

MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Bryan H. Beauman, :Firm- Sturgill, Turner, Barker & Moloney, PLLC, :Address- 333 West Vine Street Suite 1400 Lexington, Kentucky 40507. Phone No. - 8592558581. Fax No. - 859-231-0851 by HENRY DEVRIES REVOCABLE TRUST, MIDWEST FASTENER CORP, ROBERT DANIEL DEVRIES LIVING TRUST (Garza, John) (Entered: 10/16/2013)

Oct. 16, 2013 PACER

MINUTE ORDER granting 14 Motion for Leave to Appear Pro Hac Vice: It is hereby ORDERED that Bryan H. Bauman is granted leave to appear pro hac vice in the above-captioned case. Signed by Judge Ellen S. Huvelle on October 18, 2013. (AG)

Oct. 18, 2013 PACER
15

Joint MOTION to Continue Stay and Preliminary Injunction re 13 Order on Motion for Preliminary Injunction, Order on Motion to Stay,, by JACOB J. LEW, THOMAS E. PEREZ, KATHLEEN SEBELIUS, UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES, UNITED STATES DEPARTMENT OF LABOR, UNITED STATES DEPARTMENT OF THE TREASURY (Pruski, Jacek) (Entered: 09/10/2014)

Sept. 10, 2014 PACER
16

NOTICE of Proposed Order by JACOB J. LEW, THOMAS E. PEREZ, KATHLEEN SEBELIUS, UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES, UNITED STATES DEPARTMENT OF LABOR, UNITED STATES DEPARTMENT OF THE TREASURY re 15 Joint MOTION to Continue Stay and Preliminary Injunction re 13 Order on Motion for Preliminary Injunction, Order on Motion to Stay,, (Pruski, Jacek) (Entered: 09/12/2014)

Sept. 12, 2014 PACER

MINUTE ORDER granting 15 Motion to Continue Stay and Preliminary Injunction: Upon consideration of the parties' Joint Motion to Continue Stay and Preliminary Injunction, it is hereby ORDERED that the motion is GRANTED; and it is FURTHER ORDERED that this case is stayed until October 6, 2014; and it is further ORDERED that the preliminary injunction previously entered in favor of plaintiffs (ECF No. 13) is extended until October 20, 2014; and it is further ORDERED that the parties shall submit a joint status report on or before October 6, 2014. Signed by Judge Ellen S. Huvelle on September 16, 2014. (AG)

Sept. 16, 2014 PACER

Set/Reset Deadlines: Joint Status Report due by 10/6/2014. (zmm, )

Sept. 17, 2014 PACER
17

ENTERED IN ERROR.....MEET AND CONFER STATEMENT. (Miller, Jason) Modified on 10/7/2014 (jf, ). (Entered: 10/07/2014)

Oct. 7, 2014 PACER
18

STATUS REPORT Joint Status Report by HENRY DEVRIES REVOCABLE TRUST, MIDWEST FASTENER CORP, ROBERT DANIEL DEVRIES LIVING TRUST. (Miller, Jason) (Entered: 10/07/2014)

Oct. 7, 2014 PACER
19

NOTICE of Objection to the Court's Proposed Order by JACOB J. LEW, THOMAS E. PEREZ, KATHLEEN SEBELIUS, UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES, UNITED STATES DEPARTMENT OF LABOR, UNITED STATES DEPARTMENT OF THE TREASURY (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit)(Pruski, Jacek) (Entered: 10/17/2014)

Oct. 17, 2014 PACER
20

RESPONSE to Defendant's Objection to the Court's Proposed Order filed by HENRY DEVRIES REVOCABLE TRUST, MIDWEST FASTENER CORP, ROBERT DANIEL DEVRIES LIVING TRUST. (Miller, Jason) (Entered: 10/23/2014)

Oct. 23, 2014 PACER
21

ORDER AND JUDGMENT. See Order for details. Signed by Judge Ellen S. Huvelle on October 24, 2014. (lcesh2) (Entered: 10/24/2014)

Oct. 24, 2014 RECAP
22

MOTION to Withdraw as Attorney by HENRY DEVRIES REVOCABLE TRUST, MIDWEST FASTENER CORP, ROBERT DANIEL DEVRIES LIVING TRUST (Miller, Jason) (Entered: 12/01/2014)

Dec. 1, 2014 PACER

MINUTE ORDER granting 22 Motion to Withdraw as Attorney. Attorney Jason Charles Miller terminated. Signed by Judge Ellen S. Huvelle on December 1, 2014. (AG, )

Dec. 1, 2014 PACER
23

Joint MOTION for Extension of Time to File Plaintiffs' Motion for Attorney's Fees and Costs by JACOB J. LEW, THOMAS E. PEREZ, KATHLEEN SEBELIUS, UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES, UNITED STATES DEPARTMENT OF LABOR, UNITED STATES DEPARTMENT OF THE TREASURY (Attachments: # 1 Text of Proposed Order)(Pruski, Jacek) (Entered: 12/03/2014)

Dec. 3, 2014 PACER

MINUTE ORDER granting 23 Joint Motion for Extension of Time: Upon consideration of the parties' Joint Motion for Extension of Deadline for Plaintiffs' Motion for Attorney's Fees and Costs, it is hereby ORDERED that the motion is GRANTED; and it is FURTHER ORDERED that the deadline for plaintiffs to submit any motion for attorney's fees and costs is extended until January 7, 2014. Signed by Judge Ellen S. Huvelle on December 4, 2014. (AG)

Dec. 4, 2014 PACER

Set/Reset Deadlines: Motion for attorneys' fees due by 1/7/2015. (zmm, )

Dec. 4, 2014 PACER
24

NOTICE of Appearance by Benjamin Leon Berwick on behalf of All Defendants (Berwick, Benjamin) (Entered: 03/27/2015)

March 27, 2015 PACER

State / Territory: District of Columbia

Case Type(s):

Speech and Religious Freedom

Special Collection(s):

Contraception Insurance Mandate

Key Dates

Filing Date: Sept. 5, 2013

Closing Date: 2015

Case Ongoing: No

Plaintiffs

Plaintiff Description:

The voting shareholders of a Michigan corporation that provides self-funded health insurance to employees

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

United States Department of Health and Human Services (Washington D.C.), Federal

United States Department of Labor (Washington D.C.), Federal

United States Department of the Treasury (Washington D.C.), Federal

Defendant Type(s):

Hospital/Health Department

Case Details

Causes of Action:

Religious Freedom Rest. Act/Religious Land Use and Inst. Persons Act (RFRA/RLUIPA)

Administrative Procedure Act, 5 U.S.C. §§ 551 et seq.

Constitutional Clause(s):

Free Exercise Clause

Availably Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Non-settlement Outcome

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Attorneys fees

Declaratory Judgment

Source of Relief:

Litigation

Content of Injunction:

Preliminary relief granted

Issues

General:

Contraception

Religious programs / policies