Case: Southern Nazarene University v. Sebelius

5:13-cv-01015 | U.S. District Court for the Western District of Oklahoma

Filed Date: Sept. 20, 2013

Closed Date: 2018

Clearinghouse coding complete

Case Summary

On September 20, 2013, a group of religious-based universities filed this lawsuit in the U.S. District Court of the Western District of Oklahoma. The plaintiffs sued the federal government under the First Amendment, Fifth Amendment Due Process Clause, Religious Freedom Restoration Act (RFRA) and the Administrative Procedure Act. The plaintiffs, Southern Nazarene University, Oklahoma Wesleyan University, Oklahoma Baptist University, and Mid-America Christian University, alleged that the Affordab…

On September 20, 2013, a group of religious-based universities filed this lawsuit in the U.S. District Court of the Western District of Oklahoma. The plaintiffs sued the federal government under the First Amendment, Fifth Amendment Due Process Clause, Religious Freedom Restoration Act (RFRA) and the Administrative Procedure Act. The plaintiffs, Southern Nazarene University, Oklahoma Wesleyan University, Oklahoma Baptist University, and Mid-America Christian University, alleged that the Affordable Care Act's requirement that employee and student health plans provide coverage of contraception violated their religious foundings. The plaintiffs, represented by Alliance Defending Freedom, asked the court to rule that the ACA's 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 prevent the government from enforcing the contraception insurance mandate against them.

On November 27, 2013, the plaintiffs filed a motion for a preliminary injunction. On December 23, 2013, the district court (Judge Stephen P. Friot) granted the plaintiffs' motion for a preliminary injunction. The court concluded that the government had not shown that the plaintiffs' objection to certain methods of contraception, including Plan B, frustrated the overall goal of ACA contraception coverage.

The government appealed this case to the Tenth Circuit on February 11, 2014. On July 14, 2015, the Tenth Circuit (Judge Scott Matheson, Jr.) denied the plaintiffs' motion for a preliminary injunction, (794 F.3d 1151) in an opinion that joined this case with Little Sisters of the Poor Home for the Aged v. Sebelius. 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. The Court considered 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.'" 136 S. Ct. 1557, 1560. The Court took no position on the merits of this case.

In the 10th Circuit, the plaintiffs moved to voluntarily dismiss the case and the court granted the motion on October 23, 2017. In the District Court, the case proceeded with the parties filing joint status reports as they tried to negotiate a settlement amidst changing regulations. 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.

On April 16, 2018, the plaintiffs moved for permanent injunction and declaratory relief, arguing that the new regulations proved that forcing religious organizations to provide contraceptive care violates the RFRA. The Court granted the motion on May 15, 2018 and entered judgment for the plaintiffs. The case is now closed.

Summary Authors

Mallory Jones (2/24/2014)

Kate Craddock (6/12/2016)

Virginia Weeks (11/6/2017)

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 Columbia (2012)

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

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

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

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

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/5084016/parties/southern-nazarene-university-v-azar/

Judge(s)

Friot, Stephen P. (Oklahoma)

Hartz, Harris L. (New Mexico)

Attorneys(s) for Plaintiff

Baylor, Gregory S. (District of Columbia)

Blomberg, Daniel Howard (District of Columbia)

Bowman, Matthew S. (District of Columbia)

Cortman, David A. (Georgia)

Jordan, John P. (Oklahoma)

Keim, Adele A. (District of Columbia)

Rienzi, Mark (District of Columbia)

Roberts, Seth Michael (Texas)

Judge(s)

Friot, Stephen P. (Oklahoma)

Hartz, Harris L. (New Mexico)

Attorneys(s) for Plaintiff

Baylor, Gregory S. (District of Columbia)

Blomberg, Daniel Howard (District of Columbia)

Bowman, Matthew S. (District of Columbia)

Cortman, David A. (Georgia)

Jordan, John P. (Oklahoma)

Keim, Adele A. (District of Columbia)

Rienzi, Mark (District of Columbia)

Roberts, Seth Michael (Texas)

Scherz, Carl C. (Texas)

Theriot, Kevin H. (Kansas)

Walsh, Kevin C. (Virginia)

Attorneys(s) for Defendant

Barbero, Megan (District of Columbia)

Bennett, Michele (District of Columbia)

Berwick, Benjamin Leon (District of Columbia)

Brinkmann, Beth S (District of Columbia)

Coats, Sanford (District of Columbia)

Delery, Stuart F. (District of Columbia)

Grogg, Adam Anderson (District of Columbia)

Jed, Adam C. (District of Columbia)

Klein, Alisa B. (District of Columbia)

Lieber, Sheila M. (District of Columbia)

Nemeroff, Patrick George (District of Columbia)

Pollack, Michael Charles (District of Columbia)

Ricketts, Jennifer (District of Columbia)

Stern, Marc (District of Columbia)

Other Attorney(s)

Amiri, Brigitte A. (New York)

Henderson, Brady Ross (Oklahoma)

Kiesel, Ryan (Oklahoma)

Lee, Jennifer (New York)

Mach, Daniel (District of Columbia)

Attorney Contact Information via CourtListener

Documents in the Clearinghouse

Document

Docket [PACER]

Southern Nazarene University v. Azar

June 29, 2018 Docket
1

Complaint

Sept. 20, 2013 Complaint
20

Plaintiffs’ Memorandum of Law in Support of Their Motion for Preliminary Injunction

Nov. 27, 2013 Pleading / Motion / Brief
19

Plaintiffs' Motion for Preliminary Injunction

Nov. 27, 2013 Pleading / Motion / Brief
25

Defendants’ Motion to Dismiss and Defendants’ Memorandum in Opposition to Plaintiffs’ Motion for Preliminary Injunction

Dec. 17, 2013 Pleading / Motion / Brief
33

Brief of Amici Curiae American Civil Liberties Union and American Civil Liberties Union of Oklahoma in Opposition to Plaintiffs’ Motion for Preliminary Injunction and in Support of Defendants’ Motion to Dismiss

Dec. 19, 2013 Pleading / Motion / Brief
38

Plaintiffs’ Reply Memorandum of Law in Support of Their Motion for Preliminary Injunction

Dec. 20, 2013 Pleading / Motion / Brief
45

Memorandum Opinion and Order

2013 WL 6804265

Dec. 23, 2013 Order/Opinion
53

Defendants' Unopposed Motion for Stay of Proceedings

Jan. 16, 2014 Pleading / Motion / Brief
54

Order Granting Defendants’ Unopposed Motion for Stay of Proceedings

Jan. 17, 2014 Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/5084016/southern-nazarene-university-v-azar/

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

ECF Number Description Date Link
1

COMPLAINT against 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 filed by Oklahoma Wesleyan University, Mid-America Christian University, Southern Nazarene University, Oklahoma Baptist University. (Attachments: # 1 Civil Cover Sheet)(kr) (Entered: 09/20/2013)

1 Civil Cover Sheet

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Sept. 20, 2013 RECAP
2

Summons Issued Electronically as to All Defendants, U.S. Attorney and U.S. Attorney General (kr) (Entered: 09/20/2013)

Sept. 20, 2013 PACER
3

Receipt for Money Received from Mid-America Christian University, Oklahoma Baptist University, Oklahoma Wesleyan University, Southern Nazarene University in the amount of $400.00, receipt number OKW500035172 regarding 1 Complaint, (kr) (Entered: 09/23/2013)

Sept. 23, 2013 PACER
4

ENTRY of Appearance by John P Jordan on behalf of All Plaintiffs (Jordan, John) (Entered: 09/23/2013)

Sept. 23, 2013 PACER
5

DISCLOSURE STATEMENT - CORPORATE by All Plaintiffs . (Jordan, John) (Entered: 09/23/2013)

Sept. 23, 2013 PACER
6

MOTION for Leave to Appear Pro Hac Vice Gregory S. Baylor by All Plaintiffs. (Jordan, John) (Entered: 09/23/2013)

Sept. 23, 2013 PACER
7

MOTION for Leave to Appear Pro Hac Vice Request by Gregory S. Baylor by All Plaintiffs. (Jordan, John) (Entered: 09/23/2013)

Sept. 23, 2013 PACER
8

Receipt for Money Received from Mid-America Christian University, Oklahoma Baptist University, Oklahoma Wesleyan University, Southern Nazarene University in the amount of $50.00, receipt number OKW500035207 regarding 6 MOTION for Leave to Appear Pro Hac Vice Gregory S. Baylor (kr) (Entered: 09/24/2013)

Sept. 24, 2013 PACER
9

ORDER granting 6 Motion for Admission Pro Hac Vice of Gregory S. Baylor; granting 7 Request for Admission Pro Hac Vice of Gregory S. Baylor. Gregory S. Baylor is admitted pro hac vice to this ct in this case on behalf of plfs, provided that he submits an ECF registration form & files an entry of appearance, consistent w/LCvR83.4. Signed by Honorable Stephen P. Friot on 9/24/13. (llg) (Entered: 09/24/2013)

Sept. 24, 2013 PACER
10

ENTRY of Appearance by Gregory S Baylor on behalf of All Plaintiffs (Baylor, Gregory) (Entered: 10/03/2013)

Oct. 3, 2013 PACER
11

SUMMONS Returned Executed by Oklahoma Wesleyan University, Mid-America Christian University, Southern Nazarene University, Oklahoma Baptist University. Kathleen Sebelius served on 9/30/2013. (Baylor, Gregory) (Entered: 10/03/2013)

Oct. 3, 2013 PACER
12

SUMMONS Returned Executed by Oklahoma Wesleyan University, Mid-America Christian University, Southern Nazarene University, Oklahoma Baptist University. Thomas E Perez served on 9/30/2013. (Baylor, Gregory) (Entered: 10/03/2013)

Oct. 3, 2013 PACER
13

SUMMONS Returned Executed by Oklahoma Wesleyan University, Mid-America Christian University, Southern Nazarene University, Oklahoma Baptist University. Jacob J Lew served on 10/2/2013. (Baylor, Gregory) (Entered: 10/03/2013)

Oct. 3, 2013 PACER
14

SUMMONS Returned Executed by Oklahoma Wesleyan University, Mid-America Christian University, Southern Nazarene University, Oklahoma Baptist University. United States Department of Health and Human Services served on 9/30/2013. (Baylor, Gregory) (Entered: 10/03/2013)

Oct. 3, 2013 PACER
15

SUMMONS Returned Executed by Oklahoma Wesleyan University, Mid-America Christian University, Southern Nazarene University, Oklahoma Baptist University. United States Department of Labor served on 9/30/2013. (Baylor, Gregory) (Entered: 10/03/2013)

Oct. 3, 2013 PACER
16

SUMMONS Returned Executed by Oklahoma Wesleyan University, Mid-America Christian University, Southern Nazarene University, Oklahoma Baptist University. United States Department of the Treasury served on 10/2/2013. (Baylor, Gregory) (Entered: 10/03/2013)

Oct. 3, 2013 PACER
17

SUMMONS RETURNED EXECUTED by All Plaintiffs. All Defendants. (Baylor, Gregory) (Entered: 10/03/2013)

Oct. 3, 2013 PACER
18

SUMMONS RETURNED EXECUTED by All Plaintiffs. All Defendants. (Baylor, Gregory) (Entered: 10/03/2013)

Oct. 3, 2013 PACER
19

MOTION for Preliminary Injunction by All Plaintiffs. (Baylor, Gregory) (Entered: 11/27/2013)

Nov. 27, 2013 PACER
20

MEMORANDUM in Support re 19 MOTION for Preliminary Injunction filed by All Plaintiffs. (Baylor, Gregory) (Entered: 11/27/2013)

Nov. 27, 2013 PACER
21

UNOPPOSED MOTION for Leave to File Excess Pages 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 Proposed Order)(Pollack, Michael) (Entered: 12/12/2013)

1 Proposed Order

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Dec. 12, 2013 PACER

NOTICE from the Court re 21 Defendants' UNOPPOSED MOTION for Leave to File Overlength Brief. Counsel for defendants is DIRECTED to forthwith file an entry of appearance on behalf of the defendants in this case. (llg)

Dec. 13, 2013 PACER
22

ORDER granting 21 Defendants' Unopposed Motion for Leave to File Overlength Brief. Dfts may file a 50-pg brief, excluding the cover pg, table of contents, table of authorities, signature block & certificate of service. Signed by Honorable Stephen P. Friot on 12/13/13. (llg) (Entered: 12/13/2013)

Dec. 13, 2013 PACER
23

ENTRY of Appearance by Michael C Pollack on behalf of 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 (Pollack, Michael) (Entered: 12/13/2013)

Dec. 13, 2013 PACER
24

NOTICE (other) by All Defendants of Filing of Certified Administrative Record (Attachments: # 1 Index, # 2 Certification)(Pollack, Michael) (Entered: 12/17/2013)

1 Index

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2 Certification

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Dec. 17, 2013 PACER
25

RESPONSE in Opposition re 19 MOTION for Preliminary Injunction filed by All Defendants. (Pollack, Michael) (Entered: 12/17/2013)

Dec. 17, 2013 PACER
26

MOTION to Dismiss for Lack of Jurisdiction or, in the Alternative, MOTION for Summary Judgment, and Memorandum in Support by All Defendants. (Pollack, Michael) Modified on 8/15/2014 (llg). (Entered: 12/17/2013)

Dec. 17, 2013 PACER
27

ORDER Setting Hearing on 19 Plaintiffs' MOTION for Preliminary Injunction: Motion Hearing set for 12/23/2013 09:00 AM in Courtroom 305 before Honorable Stephen P. Friot. Signed by Honorable Stephen P. Friot on 12/18/13. (llg) (Entered: 12/18/2013)

Dec. 18, 2013 PACER

NOTICE from the Court 24 Notice (other). 3 CD's containing the Administrative were received in the court clerk's office and conventionally filed. (kr)

Dec. 18, 2013 PACER
35

ADMINISTRATIVE RECORD filed conventionally by Defendants re 24 Notice. (kr) Modified on 12/20/2013 (kr, ). (Entered: 12/20/2013)

Dec. 18, 2013 PACER
28

ENTRY of Appearance by Brady R Henderson on behalf of American Civil Liberties Union (Henderson, Brady) (Entered: 12/19/2013)

Dec. 19, 2013 PACER
29

MOTION for Leave to Appear Pro Hac Vice of Brigitte Amiri by American Civil Liberties Union. (Attachments: # 1 Attachment Pro Hac Vice Request Form)(Henderson, Brady) (Entered: 12/19/2013)

1 Attachment Pro Hac Vice Request Form

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Dec. 19, 2013 PACER
30

MOTION for Leave to Appear Pro Hac Vice of Daniel Mach by American Civil Liberties Union. (Attachments: # 1 Attachment Pro Hac Vice Request Form)(Henderson, Brady) (Entered: 12/19/2013)

1 Attachment Pro Hac Vice Request Form

View on PACER

Dec. 19, 2013 PACER
31

MOTION for Leave to Appear Pro Hac Vice of Jennifer Lee by American Civil Liberties Union. (Attachments: # 1 Attachment Pro Hac Vice Request Form)(Henderson, Brady) (Entered: 12/19/2013)

1 Attachment Pro Hac Vice Request Form

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Dec. 19, 2013 PACER
32

MOTION to File Amicus Brief by American Civil Liberties Union. (Henderson, Brady) (Entered: 12/19/2013)

Dec. 19, 2013 PACER
33

BRIEF IN SUPPORT of Defendants' Motion to Dismiss, or in the alternative, for summary judgement, and in opposition to Plaintiff's Motion for Preliminary Injunction, submitted pending leave to enter as Amicus Curiae, by American Civil Liberties Union. (Henderson, Brady) (Entered: 12/19/2013)

Dec. 19, 2013 PACER

NOTICE from the Court re 29 MOTION for Leave to Appear Pro Hac Vice of Brigitte Amiri, 31 MOTION for Leave to Appear Pro Hac Vice of Jennifer Lee, 30 MOTION for Leave to Appear Pro Hac Vice of Daniel Mach. The motions for admission pro hac vice will be granted upon payment of the required pro hac vice fees and upon submission of proposed orders, in compliance with ECF Policies & Procedures Manual, Section II.G. (llg)

Dec. 19, 2013 PACER
34

Receipt for Money Received from American Civil Liberties Union in the amount of $150.00, receipt number OKW500037020, OKW500037018 and OKW500037019 regarding 29 MOTION for Leave to Appear Pro Hac Vice of Brigitte Amiri, 31 MOTION for Leave to Appear Pro Hac Vice of Jennifer Lee, 30 MOTION for Leave to Appear Pro Hac Vice of Daniel Mach (kr, ) (Entered: 12/20/2013)

Dec. 19, 2013 PACER
36

ENTRY of Appearance by Benjamin L Berwick on behalf of All Defendants (Berwick, Benjamin) (Entered: 12/20/2013)

Dec. 20, 2013 PACER
37

NOTICE (other) by All Defendants Supplemental Authority (Attachments: # 1 Exhibit Priests for Life v. HHS)(Pollack, Michael) (Entered: 12/20/2013)

1 Exhibit Priests for Life v. HHS

View on PACER

Dec. 20, 2013 PACER
38

REPLY to Response to Motion re 19 MOTION for Preliminary Injunction filed by All Plaintiffs. (Baylor, Gregory) (Entered: 12/20/2013)

Dec. 20, 2013 PACER
39

MOTION for Leave to Appear Pro Hac Vice of Kevin H. Theriot by All Plaintiffs. (Attachments: # 1 Request for Admission Pro Hac Vice Form)(Baylor, Gregory) (Entered: 12/20/2013)

1 Request for Admission Pro Hac Vice Form

View on PACER

Dec. 20, 2013 PACER
40

Receipt for Money Received from All Plaintiffs in the amount of $50.00, receipt number OKW500037024 regarding 39 MOTION for Leave to Appear Pro Hac Vice of Kevin H. Theriot. (njr) (Entered: 12/20/2013)

Dec. 20, 2013 PACER
41

ORDER granting 39 Motion for Admission Pro Hac Vice of Kevin H. Theriot, provided that Mr. Theriot files an entry of appearance, consistent w/LCvR83.4. Signed by Honorable Stephen P. Friot on 12/20/13. (llg) (Entered: 12/20/2013)

Dec. 20, 2013 PACER
42

ORDER granting 29 Motion to Appear Pro Hac Vice of Brigitte Amari; granting 30 Motion to Appear Pro Hac Vice of Daniel Mach; granting 31 Motion to Appear Pro Hac Vice Jennifer Lee, provided that attys Amari, Mach & Lee submit ECF registration forms & file entries of appearance, consistent w/LCvR83.4. Signed by Honorable Stephen P. Friot on 12/20/13. (llg) (Entered: 12/20/2013)

Dec. 20, 2013 PACER
43

STIPULATION re 19 MOTION for Preliminary Injunction Joint Stipulation of Facts by All Plaintiffs. (Baylor, Gregory) (Entered: 12/21/2013)

Dec. 21, 2013 PACER
44

ORDER striking 12/23/13 9:00 AM hearing on 19 MOTION for Preliminary Injunction filed by Southern Nazarene University, Oklahoma Wesleyan University, Mid-America Christian University, Oklahoma Baptist University. The court will rule on the Motion for Preliminary Injunction on the basis of the stipulated facts as set out in 43 Joint Stipulation of Facts. Signed by Honorable Stephen P. Friot on 12/21/13. (llg) (Entered: 12/21/2013)

Dec. 21, 2013 PACER
45

ORDER granting 19 Motion for Preliminary Injunction; denying 26 Motion to Dismiss to the extent that it seeks dismissal under Rule 12(b)(6). The defendants, their agents, officers, and employees, and all others in active concert or participation with them, Rule 65, Fed.R.Civ.P., are ENJOINED and RESTRAINED from any effort to apply or enforce, as to plaintiffs, the substantive requirements imposed by 42 U.S.C. ยง 300gg-13(a)(4) and at issue in this case, or the self-certification regulations related thereto, or any penalties, fines or assessments related thereto, until the further order of the court.. Signed by Honorable Stephen P. Friot on 12/23/13. (kw, ) Modified on 12/23/2013 to correct docket text (kw, ). (Entered: 12/23/2013)

Dec. 23, 2013 RECAP
46

ENTER ORDER granting 32 Motion of the American Civil Liberties Union and the American Civil Liberties Union of Oklahoma for Leave to File Amicus Curiae Brief. Entered at the direction of Honorable Stephen P. Friot on 12/26/13. (llg) (Entered: 12/26/2013)

Dec. 26, 2013 PACER
47

ENTRY of Appearance by Kevin H Theriot on behalf of All Plaintiffs (Theriot, Kevin) (Entered: 12/31/2013)

Dec. 31, 2013 PACER
48

UNOPPOSED MOTION for Extension of Time to File Response/Reply in Opposition to Defendants' Motion to Dismiss, or in the alternative, for Summary Judgment by All Plaintiffs. (Baylor, Gregory) (Entered: 01/03/2014)

Jan. 3, 2014 PACER
49

ORDER granting 48 Plaintiffs' Uncontested Motion for Extension of Time to File Response in Opposition to 26 Defendants' MOTION to Dismiss or, in the Alternative, MOTION for Summary Judgment. Response due by 1/22/2014. Signed by Honorable Stephen P. Friot on 1/6/14. (llg) (Entered: 01/06/2014)

Jan. 6, 2014 PACER
50

ENTRY of Appearance by Daniel Mach on behalf of American Civil Liberties Union (Mach, Daniel) (Entered: 01/07/2014)

Jan. 7, 2014 PACER
51

ENTRY of Appearance by Jennifer K Lee on behalf of American Civil Liberties Union (Lee, Jennifer) (Entered: 01/07/2014)

Jan. 7, 2014 PACER
52

ENTRY of Appearance by Brigitte A Amiri on behalf of American Civil Liberties Union (Amiri, Brigitte) (Entered: 01/07/2014)

Jan. 7, 2014 PACER
53

UNOPPOSED MOTION to Stay Case by All Defendants. (Attachments: # 1 Attachment Proposed Order)(Pollack, Michael) (Entered: 01/16/2014)

1 Attachment Proposed Order

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Jan. 16, 2014 PACER
54

ORDER granting 53 Defendants' Unopposed Motion for Stay of Proceedings. All proceedings in this case are stayed until 3/1/14. Signed by Honorable Stephen P. Friot on 1/17/14. (llg) (Entered: 01/17/2014)

Jan. 17, 2014 PACER
55

NOTICE OF APPEAL by All Defendants. (Pollack, Michael) (Entered: 02/11/2014)

Feb. 11, 2014 PACER
56

PRELIMINARY RECORD LETTER - Electronic Transmission of Notice of Appeal with Preliminary Record sent to Tenth Circuit Court of Appeals re 55 Notice of Appeal (kr) (Entered: 02/11/2014)

Feb. 11, 2014 PACER
57

Tenth Circuit Court of Appeals USCA Case Number 14-6026 for 55 Notice of Appeal filed by United States Department of the Treasury, Kathleen Sebelius, United States Department of Health and Human Services, Thomas E Perez, United States Department of Labor, Jacob J Lew. (kr) (Entered: 02/12/2014)

Feb. 11, 2014 PACER
58

MOTION to Stay Case Pending Appeal by All Defendants. (Attachments: # 1 Exhibit Ozinga v. HHS, # 2 Exhibit Domino's Farms Corp. v. Sebelius)(Pollack, Michael) (Entered: 02/13/2014)

1 Exhibit Ozinga v. HHS

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2 Exhibit Domino's Farms Corp. v. Sebelius

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Feb. 13, 2014 PACER
59

MOTION for Leave to Appear Pro Hac Vice of Attorney David A. Cortman by All Plaintiffs. (Attachments: # 1 Request for Admission Pro Hac Vice)(Baylor, Gregory) (Entered: 02/18/2014)

1 Request for Admission Pro Hac Vice

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Feb. 18, 2014 PACER
60

Receipt for Money Received from All Plaintiffs in the amount of $50.00, receipt number OKW500038133 regarding 59 MOTION for Leave to Appear Pro Hac Vice of Attorney David A. Cortman (kr) (Entered: 02/18/2014)

Feb. 18, 2014 PACER
61

ORDER granting 59 Motion for Admission Pro Hac Vice of David A. Cortman. David A. Cortman is admitted pro hac vice to this court in this matter, provided that he submits an ECF registration form & files an entry of appearance, consistent w/LCvR83.4. Signed by Honorable Stephen P. Friot on 2/19/14. (llg) (Entered: 02/19/2014)

Feb. 19, 2014 PACER
62

ENTRY of Appearance by David A Cortman on behalf of All Plaintiffs (Cortman, David) (Entered: 02/21/2014)

Feb. 21, 2014 PACER
63

MOTION for Leave to Appear Pro Hac Vice for Attorney Matthew S. Bowman Filing fee $ 50, receipt number 1087-1818390 by All Plaintiffs. (Attachments: # 1 Request for Admission Pro Hac Vice for Matthew S. Bowman)(Baylor, Gregory) (Entered: 02/21/2014)

1 Request for Admission Pro Hac Vice for Matthew S. Bowman

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Feb. 21, 2014 PACER
64

ORDER granting 63 Motion for Admission Pro Hac Vice of Matthew S. Bowman. Matthew S. Bowman is admitted pro hac vice to this court in this matter, provided that he submits an ECF registration form & files an entry of appearance, consistent w/LCvR83.4. Signed by Honorable Stephen P. Friot on 2/21/14. (llg) (Entered: 02/21/2014)

Feb. 21, 2014 PACER
65

TRANSCRIPT LETTER advising Tenth Circuit Court of Appeals re 55 Notice of Appeal filed by United States Department of the Treasury, Kathleen Sebelius, United States Department of Health and Human Services, Thomas E Perez, United States Department of Labor, Jacob J Lew. The record is ready for appeal purposes. (kr) (Entered: 02/25/2014)

Feb. 25, 2014 PACER
66

TRANSCRIPT Order Form by All Defendants re 55 Notice of Appeal that transcripts Are Not necessary. See order form for dates and proceedings. (Pollack, Michael) (Entered: 02/25/2014)

Feb. 25, 2014 PACER
67

ENTRY of Appearance by Matthew S Bowman on behalf of All Plaintiffs (Bowman, Matthew) (Entered: 02/28/2014)

Feb. 28, 2014 PACER
68

UNOPPOSED MOTION for Leave to File Excess Pages for Plaintiffs' Response in Opposition to Defendants' Motion to Dismiss, or in the Alternative for Summary Judgment by All Plaintiffs. (Attachments: # 1 Proposed Order)(Baylor, Gregory) (Entered: 02/28/2014)

1 Proposed Order

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Feb. 28, 2014 PACER
69

ORDER granting 68 Plaintiffs' Uncontested Motion for Leave to File Overlength Brief. Signed by Honorable Stephen P. Friot on 3/3/14. (llg) (Entered: 03/03/2014)

March 3, 2014 PACER
70

RESPONSE in Opposition re 58 MOTION to Stay Case Pending Appeal filed by All Plaintiffs. (Baylor, Gregory) (Entered: 03/06/2014)

March 6, 2014 PACER
71

REPLY to Response to Motion re 58 MOTION to Stay Case Pending Appeal filed by All Defendants. (Pollack, Michael) (Entered: 03/06/2014)

March 6, 2014 PACER
72

MEMORANDUM in Opposition re 26 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 Plaintiffs. (Baylor, Gregory) (Entered: 03/06/2014)

March 6, 2014 PACER
73

ORDER granting 58 Defendants' Motion for Stay of Proceedings. Proceedings in this case are stayed pndg resolution of dfts' appeal of this court's order granting plfs' mtn for preliminary injunction. Signed by Honorable Stephen P. Friot on 3/6/14. (llg) (Entered: 03/06/2014)

March 6, 2014 PACER
74

ORDER of USCA as to 55 Notice of Appeal filed by United States Department of the Treasury, Kathleen Sebelius, United States Department of Health and Human Services, Thomas E Perez, United States Department of Labor, Jacob J Lew (kr) (Entered: 04/08/2014)

March 31, 2014 PACER
75

ENTRY of Appearance by Adam A Grogg on behalf of All Defendants (Grogg, Adam) (Entered: 06/09/2014)

June 9, 2014 PACER
76

MOTION to Withdraw as Attorney Michael C. Pollack by All Defendants. (Pollack, Michael) (Entered: 06/09/2014)

June 9, 2014 PACER
77

ORDER granting 76 Motion to Withdraw as Attorney. Attorney Michael C Pollack withdrawn. Signed by Honorable Stephen P. Friot on 6/9/14. (llg) (Entered: 06/09/2014)

June 9, 2014 PACER
78

NOTICE of Change of Address by Gregory S Baylor (Baylor, Gregory) (Entered: 04/13/2015)

April 13, 2015 PACER
79

USCA OPINION as to 55 Notice of Appeal filed by United States Department of the Treasury, Kathleen Sebelius, United States Department of Health and Human Services, Thomas E Perez, United States Department of Labor, Jacob J Lew (kr) (Entered: 07/16/2015)

July 14, 2015 PACER
80

USCA JUDGMENT as to 55 Notice of Appeal filed by United States Department of the Treasury, Kathleen Sebelius, United States Department of Health and Human Services, Thomas E Perez, United States Department of Labor, Jacob J Lew. These cases originated in the District of Colorado and the Western District of Oklahoma and were argued by counsel. The District Courts denial of a preliminary injunction in Little Sisters, 6 F. Supp. 3d 1225, is affirmed, and the District Courts grant of a preliminary injunction in Southern Nazarene, 2013 WL 6804265, and Reaching Souls, 2013 WL 6804259, is reversed. The cases are remanded to the United States District Courts for the District of Colorado and the Western District of Oklahoma for further proceedings in accordance with the opinion of this court. (kr) (Entered: 07/16/2015)

July 14, 2015 RECAP
81

PETITION FOR WRIT OF CERTIORARI re Supreme Court Number:15-119 (kr) (Entered: 07/28/2015)

July 28, 2015 PACER
82

PETITION FOR WRIT OF CERTIORARI Granted (kw) (Entered: 11/12/2015)

Nov. 10, 2015 PACER
83

SUPREME COURT OPINION as to 55 Notice of Appeal. The opinion of this Court was announced today in the above stated case. A copy of the opinion is available on the Courts website at www.supremecourt.gov. The judgment or mandate of this Court will not issue for at least twenty-five days pursuant to Rule 45. Should a petition for rehearing be filed timely, the judgment or mandate will be further stayed pending this Court's action on the petition for rehearing. (kr) (Entered: 05/18/2016)

May 16, 2016 RECAP
84

SUPREME COURT JUDGMENT as to 55 Notice of Appeal filed by United States Department of the Treasury, Kathleen Sebelius, United States Department of Health and Human Services, Thomas E Perez, United States Department of Labor, Jacob J Lew. It is ordered and adjudged by this Court that the judgment of the above court is vacated with partial costs, and the case is remanded to the United States Court of Appeals for the Tenth Circuit for such further proceedings consistent with the opinion of this Court. IT IS FURTHER ORDERED that the petitioners Southern Nazarene University, et al. recover from Sylvia Burwell, Secretary of Health and Human Services, et al. One Thousand One Hundred and Thirteen Dollars and Ninety-three cents ($1,113.93) for costs herein expended. (kr) (Entered: 06/17/2016)

June 17, 2016 PACER
85

ORDER of USCA as to 55 Notice of Appeal filed by United States Department of the Treasury, Kathleen Sebelius, United States Department of Health and Human Services, Thomas E Perez, United States Department of Labor, Jacob J Lew. 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 on July 14, 2015 is vacated. Counsel will be notified if this court desires further briefing prior to disposition of this appeal upon remand. (kr) DISREGARDED BY NOTICE FILED 6/17/16. Modified on 6/17/2016 (kr). (Entered: 06/17/2016)

June 17, 2016 PACER
86

AMENDED ORDER of USCA as to 55 Notice of Appeal filed by United States Department of the Treasury, Kathleen Sebelius, United States Department of Health and Human Services, Thomas E Perez, United States Department of Labor, Jacob J Lew. The June 17, 2016 order stating that the Supreme Court of the United States reversed the judgment of this court was issued in error. The Supreme Court's May 16, 2016 decision expressed no view on the merits of the cases at issue; the judgments of the Courts of Appeals in those cases were vacated and the cases were remanded for further proceedings consistent with the Supreme Court's decision. Accordingly, the judgment of this court filed on July 14, 2015 is vacated. Counsel will be notified if this court desires further briefing prior to disposition of this appeal upon remand. (kr) (Entered: 06/17/2016)

June 17, 2016 PACER

Docket Annotation: As per 10th Circuit re Doc. 85 This entry has been removed from the docket as the order was issued in error. Amended order issued on 06/17/2016. (kr)

June 17, 2016 PACER
87

MOTION to Withdraw as Attorney by All Plaintiffs. (Bowman, Matthew) (Entered: 01/16/2017)

Jan. 16, 2017 PACER
88

ORDER granting 87 Motion for Leave to Withdraw as Attorney. Attorney Matthew S Bowman withdrawn as counsel. Signed by Honorable Stephen P. Friot on 1/17/2017. (llg) (Entered: 01/17/2017)

Jan. 17, 2017 PACER
89

ENTRY of Appearance by Michelle R Bennett on behalf of All Defendants (Bennett, Michelle) (Entered: 08/15/2017)

Aug. 15, 2017 PACER
90

MOTION to Withdraw as Attorney by All Defendants. (Grogg, Adam) (Entered: 08/15/2017)

Aug. 15, 2017 PACER
91

ORDER granting 90 Motion to Withdraw as Attorney. Attorney Adam A Grogg withdrawn as counsel for defendants. Signed by Honorable Stephen P. Friot on 8/16/2017. (llg) (Entered: 08/16/2017)

Aug. 16, 2017 PACER
92

ORDER of USCA as to 55 Notice of Appeal filed by United States Department of the Treasury, Kathleen Sebelius, United States Department of Health and Human Services, Thomas E Perez, United States Department of Labor, Jacob J Lew. This matter is before us on Appellants Motion for Voluntary Dismissal filed October 6, 2017. The motion states that Appellants had not determined Appellees position on the relief requested in the motion prior to its filing. The time for Appellees to file a response to the motion has now expired, and no response has been filed. See Fed. R.App. P. 27(a)(3) and 10th Cir. R. 27.3(A)(1). Accordingly, Appellants motion is deemed unopposed. In light of the foregoing, Appellants Motion for Voluntary Dismissal is GRANTED, and this matter is dismissed pursuant to Fed. R. App. P. 42(b). A copy of his order shall stand as and for the mandate of this court. (kr) (Entered: 10/23/2017)

Oct. 23, 2017 RECAP
93

USCA MANDATE Issued re 55 Notice of Appeal filed by United States Department of the Treasury, Kathleen Sebelius, United States Department of Health and Human Services, Thomas E Perez, United States Department of Labor, Jacob J Lew. Please be advised that the court issued an order today dismissing this case.In addition, please be advised that the mandate for this case has issued today. The clerk of the originating court shall file accordingly. (kr) (Entered: 10/23/2017)

Oct. 23, 2017 PACER
94

ORDER. Proceedings in this case have been stayed pending resolution of defendants' appeal of this court's order granting plaintiffs' motion for preliminary injunction. On October 23, 2017, the Tenth Circuit Court of Appeals granted appellants' motion for voluntary dismissal of that appeal. See, doc. nos. 92 (order), 93 (mandate issued).Defendants are DIRECTED to file, within thirty days of the date of this order, a notice advising the court as to whether defendants adhere to the arguments advanced in the motion to dismiss or for summary judgment. Plaintiffs are DIRECTED to file, within thirty days of the date of this order, a notice advising the court as to whether plaintiffs adhere to the arguments advanced in their response brief. In the meantime, the briefing remains STAYED. Signed by Honorable Stephen P. Friot on 10/24/17. (kr) Modified on 11/17/2017 (llg). (Entered: 10/24/2017)

Oct. 24, 2017 PACER
95

NOTICE (other) by All Plaintiffs re 94 Order,,, (Baylor, Gregory) (Entered: 11/21/2017)

Nov. 21, 2017 PACER
96

NOTICE (other) by All Defendants re 94 Order,,, (Bennett, Michelle) (Entered: 11/22/2017)

Nov. 22, 2017 PACER

State / Territory: Oklahoma

Case Type(s):

Speech and Religious Freedom

Special Collection(s):

Contraception Insurance Mandate

Key Dates

Filing Date: Sept. 20, 2013

Closing Date: 2018

Case Ongoing: No

Plaintiffs

Plaintiff Description:

A group of Christian universities who believe the Affordable Care Act contraception mandate accommodation provided to religious non-profits still violates their religious freedom

Plaintiff Type(s):

Non-profit religious organization

Private Plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

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

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

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

Defendant Type(s):

Hospital/Health Department

Jurisdiction-wide

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:

Injunction / Injunctive-like Settlement

Preliminary injunction / Temp. restraining order

Source of Relief:

Litigation

Content of Injunction:

Preliminary relief granted

Issues

General:

Abortion

Contraception

Religious programs / policies

Discrimination-basis:

Religion discrimination