Case: The Ave Maria Foundation v. Sebelius

2:13-cv-15198 | U.S. District Court for the Eastern District of Michigan

Filed Date: Dec. 20, 2013

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Case Summary

On December 20, 2013, a group of non-profit organizations filed a lawsuit in the U.S. District Court for the Eastern District of Michigan 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, including The Ave Maria Foundation, Domino's Farms Petting Farm, and Thomas More Law Center, are represented by the public interest firm The Thomas More Law Center. 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, is unconstitutional. Specifically, the plaintiffs asked for both a preliminary and permanent injunction keeping the government from enforcing the contraception insurance mandate against them because it violates the owners' deeply-help, Catholic religious beliefs.

On December 23, 2013, the plaintiffs filed an emergency motion for a temporary restraining order against the defendant. The defendants opposed this motion on the grounds that the accommodation to the ACA mandate does not substantially burden the plaintiffs' religious freedom under RFRA or cause the plaintiffs irreparable harm.

On January 13, 2013 U.S. District Court (Judge Stephen J. Murphy, III.) granted the plaintiff's motion for a preliminary injunction. On January 23, 2014, the court granted a joint motion to stay the case pending the defendants' decision to appeal the preliminary injunction. The order referenced two expedited appeals in similar cases in the U.S. Court of Appeals for the Sixth Circuit, Catholic Diocese of Nashville v. Sebelius, and Michigan Catholic Conference v. Sebelius. Defendants filed an appeal to the Sixth Circuit on March 13, 2014, but the case closed before the Court of Appeals ruled on the case. The plaintiffs jointly stipulated to the case's dismissal pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(ii) on February 2, 2018, presumably due to the result of Zubik v. Burwell, and the case is now closed.

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Summary Authors

Mallory Jones (2/9/2014)

Elizabeth Heise (11/18/2018)

Michigan Catholic Conference v. Sebelius, Western District of Michigan (2013)

Roman Catholic Diocese of Nashville v. Sebelius, Middle District of Tennessee (2013)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/5335724/parties/the-ave-maria-foundation-v-sebelius/

Judge(s)

Attorney for Plaintiff

Attorney for Defendant

Bennett, Michelle Renee (District of Columbia)

Delery, Stuart F. (District of Columbia)

Grogg, Adam Anderson (District of Columbia)

Hartnett, Kathleen R. (District of Columbia)

Humphreys, Bradley Philip (District of Columbia)

Judge(s)

Murphy, Stephen Joseph III (Michigan)

Randon, Mark (Michigan)

Attorney for Plaintiff

Mersino, Erin Elizabeth (Michigan)

Attorney for Defendant

Bennett, Michelle Renee (District of Columbia)

Delery, Stuart F. (District of Columbia)

Grogg, Adam Anderson (District of Columbia)

Hartnett, Kathleen R. (District of Columbia)

Humphreys, Bradley Philip (District of Columbia)

Lieber, Sheila M. (District of Columbia)

McQuade, Barbara L. (Michigan)

Ricketts, Jennifer (District of Columbia)

Thompson, Richard (Michigan)

Attorney Contact Information via CourtListener

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Documents in the Clearinghouse

	Document
2:13-cv-15198	Docket [PACER] Ave Maria Foundation v. Sebelius	Feb. 2, 2018	Feb. 2, 2018 Docket
1 2:13-cv-15198	Complaint Ave Maria Foundation v. Sebelius	Dec. 20, 2013	Dec. 20, 2013 Complaint
3 2:13-cv-15198	Motion for Temporary Restraining Order Ave Maria Foundation v. Sebelius	Dec. 23, 2013	Dec. 23, 2013 Pleading / Motion / Brief
9 2:13-cv-15198	Defendants' Memorandum in Opposition to Plaintiffs' Motion for Temporary Restraining Order Ave Maria Foundation v. Sebelius	Dec. 27, 2013	Dec. 27, 2013 Pleading / Motion / Brief
11 2:13-cv-15198	Plaintiffs' Reply in Support of Their Motion for a Temporary Restraining Order Ave Maria Foundation v. Sebelius	Dec. 30, 2013	Dec. 30, 2013 Pleading / Motion / Brief
15 2:13-cv-15198	Opinion and Order Granting a Preliminary Injunction Ave Maria Foundation v. Sebelius	Jan. 13, 2014	Jan. 13, 2014 Order/Opinion 991 F.Supp.2d 957
16 2:13-cv-15198	Joint Motion to Stay District Court Proceedings Ave Maria Foundation v. Sebelius	Jan. 17, 2014	Jan. 17, 2014 Pleading / Motion / Brief
17 2:13-cv-15198	Order Granting Joint Motion to Stay, Staying Further Proceedings, and Administratively Closing the Case Ave Maria Foundation v. Sebelius	Jan. 23, 2014	Jan. 23, 2014 Order/Opinion

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/5335724/the-ave-maria-foundation-v-sebelius/

Last updated April 13, 2024, 3:04 a.m.

ECF Number	Description	Date	Link Date / Link
1	COMPLAINT filed by All Plaintiffs against All Defendants. Plaintiff requests summons issued. Receipt No: 0645−4431056 − Fee: &#036 400. County of 1st Plaintiff: Washtenaw − County Where Action Arose: Washtenaw − County of 1st Defendant: USA. [Previously dismissed case: No] [Possible companion case(s): Eastern District of Michigan, 12−cv−12061, Judge Judge Robert H. Cleland] (Mersino, Erin) (Entered: 12/20/2013)	Dec. 20, 2013	Dec. 20, 2013
2	Emergency MOTION for Leave to File Excess Pages by All Plaintiffs. (Mersino, Erin) (Entered: 12/23/2013)	Dec. 23, 2013	Dec. 23, 2013
3	Emergency MOTION for Temporary Restraining Order by All Plaintiffs. (Attachments: # 1 Index of Exhibits Index of Exhibits, # 2 Exhibit Exhibit 1, # 3 Exhibit Exhibit 2, # 4 Exhibit Exhibit 3, # 5 Exhibit Exhibit 4, # 6 Exhibit Exhibit 5, # 7 Exhibit Exhibit 6, # 8 Exhibit Exhibit 7, # 9 Exhibit Exhibit 8, # 10 Exhibit Exhibit 9, # 11 Exhibit Exhibit 10) (Mersino, Erin) (Entered: 12/23/2013)	Dec. 23, 2013	Dec. 23, 2013
4	STATEMENT of DISCLOSURE of CORPORATE AFFILIATIONS and FINANCIAL INTEREST by All Plaintiffs (Mersino, Erin) (Entered: 12/23/2013)	Dec. 23, 2013	Dec. 23, 2013
5	SUMMONS Issued for Jack 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 (DTyl) (Entered: 12/23/2013)	Dec. 23, 2013	Dec. 23, 2013
6	SUMMONS Issued for the United States Attorney and the Office of the Attorney General. (DTyl) (Entered: 12/23/2013)	Dec. 23, 2013	Dec. 23, 2013
7	NOTICE of Appearance by Bradley P. Humphreys on behalf of All Defendants. (Humphreys, Bradley) (Entered: 12/23/2013)	Dec. 23, 2013	Dec. 23, 2013
8	MOTION for Leave to File Excess Pages in Opposition to Plaintiffs' Motion for Temporary Restraining Order by All Defendants. (Humphreys, Bradley) (Entered: 12/27/2013)	Dec. 27, 2013	Dec. 27, 2013
9	RESPONSE to 3 Emergency MOTION for Temporary Restraining Order filed by All Defendants. (Attachments: # 1 Index of Exhibits, # 2 Exhibit Catholic Diocese of Nashville v. Sebelius (M.D. Tenn.), # 3 Exhibit Univ. of Notre Dame v. Sebelius (N.D. Ind.), # 4 Priests for Life v. U.S. Dep't of Health & Human Servs. (D.D.C.)) (Humphreys, Bradley) (Entered: 12/27/2013)	Dec. 27, 2013	Dec. 27, 2013
10	MOTION for Leave to File Excess Pages by All Plaintiffs. (Mersino, Erin) (Entered: 12/30/2013)	Dec. 30, 2013	Dec. 30, 2013
12	ORDER Granting 2 Motion for Leave to File Excess Pages; Granting 3 Motion for TRO; Granting 8 Motion for Leave to File Excess Pages; and Granting 10 Motion for Leave to File Excess Pages − hearing set for 1/8/2014, 10:00 a.m... Signed by District Judge Stephen J. Murphy, III. (CCoh) (Entered: 12/31/2013)	Dec. 31, 2013	Dec. 31, 2013
13	NOTICE by All Plaintiffs re 12 Order on Motion for Leave to File Excess Pages, Order on Motion for TRO,,,,,, Joint Motion for Submission on Briefs (Mersino, Erin) Modified on 1/3/2014 (PMil).[DOCUMENT TITLED JOINT MOTION REGARDING PLAINTIFFS' MOTION FOR A PRELIMINARY INJUNCTION] (Entered: 01/02/2014)	Jan. 2, 2014	Jan. 2, 2014
14	ORDER to forego hearing re: motion for preliminary injunction − to be decided upon the parties' submissions. Signed by District Judge Stephen J. Murphy, III. (CCoh) (Entered: 01/03/2014)	Jan. 3, 2014	Jan. 3, 2014
15	OPINION and ORDER Granting a Preliminary Injunction. Signed by District Judge Stephen J. Murphy, III. (CCoh)	Jan. 13, 2014	Jan. 13, 2014 RECAP
16	Joint MOTION to Stay by All Defendants. (Bennett, Michelle) (Entered: 01/17/2014)	Jan. 17, 2014	Jan. 17, 2014
17	ORDER Granting 16 Motion to Stay and Administratively Closing the Case.. Signed by District Judge Stephen J. Murphy, III. (CCoh) (Entered: 01/23/2014)	Jan. 23, 2014	Jan. 23, 2014
18	NOTICE OF APPEAL by All Defendants re 15 Memorandum Opinion & Order. Fee Status: No Fee Paid. (Humphreys, Bradley) (Entered: 03/13/2014)	March 13, 2014	March 13, 2014
19	Certificate of Service re 18 Notice of Appeal. (TMcg) (Entered: 03/13/2014)	March 13, 2014	March 13, 2014
20	MOTION to Clarify Injunction Order, ECF No. 15 by All Plaintiffs. (Attachments: # 1 Exhibit Exhibit 1) (Mersino, Erin) (Entered: 03/28/2014)	March 28, 2014	March 28, 2014
21	ORDER Denying 20 Motion to Clarify.. Signed by District Judge Stephen J. Murphy, III. (CCoh) (Entered: 05/11/2014)	May 11, 2014	May 11, 2014
22	NOTICE of Appearance by Adam Grogg on behalf of All Defendants. (Grogg, Adam) (Entered: 03/25/2015)	March 25, 2015	March 25, 2015
23	Appearance	Aug. 16, 2017	Aug. 16, 2017 PACER
24	Withdrawal of Attorney	Aug. 16, 2017	Aug. 16, 2017 PACER
25	Order on Motion to Withdraw as Attorney	Aug. 18, 2017	Aug. 18, 2017 PACER
26	STIPULATION of Dismissal Joint Stipulation by All Plaintiffs (Oliveri, Kate) (Entered: 02/02/2018)	Feb. 2, 2018	Feb. 2, 2018

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Case Details

State / Territory: Michigan

Case Type(s):

Speech and Religious Freedom

Special Collection(s):

Contraception Insurance Mandate

Multi-LexSum (in sample)

Key Dates

Filing Date: Dec. 20, 2013

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Plaintiffs are non-profit organizations, run by Catholic owners who believe the accommodation to the ACA's contraception insurance mandate offered to religions, non-profits violates their religious freedom

Plaintiff Type(s):

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 Health and Human Services (Washington), Federal

U.S. Department of the Treasury, Federal

Defendant Type(s):

Hospital/Health Department