Case: Roman Catholic Diocese of Beaumont v. Sebelius

1:13-cv-00709 | U.S. District Court for the Eastern District of Texas

Filed Date: Dec. 10, 2013

Closed Date: 2017

Clearinghouse coding complete

Case Summary

On December 10, 2013, a non-profit religious organization filed this lawsuit in the U.S. District Court for the Eastern District of Texas against the U.S. Department of Health and Human Services (HHS). The plaintiffs alleged that the Affordable Care Act's (ACA) contraception insurance mandate violated the First Amendment, the Religious Freedom Restoration Act (RFRA), and the Administrative Procedure Act (APA). The plaintiffs contended that the accommodation for non-profit religious organization…

On December 10, 2013, a non-profit religious organization filed this lawsuit in the U.S. District Court for the Eastern District of Texas against the U.S. Department of Health and Human Services (HHS). The plaintiffs alleged that the Affordable Care Act's (ACA) contraception insurance mandate violated the First Amendment, the Religious Freedom Restoration Act (RFRA), and the Administrative Procedure Act (APA). The plaintiffs contended that the accommodation for non-profit religious organizations was insufficient to remedy these harms. The plaintiffs sought both a preliminary and permanent injunction that would keep the government from enforcing the contraception insurance mandate against them.

On December 10, 2013, the plaintiff filed a motion for a temporary restraining order against the defendant and for a preliminary injunction. The plaintiff stated that it would be harmed as soon as the new insurance requirements became effective on January 1, 2014. Because of this impending harm, the plaintiff claimed it required an injunction, which would prevent the government from enforcing the mandate against it. 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 plaintiff's irreparable harm.

On December 23, 2013, the defendant filed a motion to dismiss or summary judgment in the alternative. The defendant argued that the ACA did not substantially burden the plaintiff's exercise of religion and that, even if it did, the ACA met strict scrutiny.

On January 2, 2014, the District Court ordered that the plaintiff was entitled to a permanent injunction because the accommodation imposed a substantial burden on the free exercise of religion. Specifically, the mandate impermissibly required the head of a religious organization to sign a form that authorized a third party to provide contraception insurance coverage to the organization's employees. 10 F. Supp. 3d 725. The next day, the court ordered a final judgment and order of injunction that stated its terms and the acts restrained.

The defendants appealed on February 24, 2014. On appeal, this case was consolidated with other cases, including East Texas Baptist University v. Sebelius. The Fifth Circuit overturned the district court, stating that "the acts that violated their faith are those of third parties" and that, under RFRA, the plaintiffs did not have standing to challenge the acts of those third parties. Thus, the Fifth Circuit held that the plaintiffs could not demonstrate that the ACA, with its exemption, substantially burdened the plaintiffs' religious exercise.

The plaintiffs appealed and on May 17, 2016, the U.S. Supreme Court granted a petition for writ of certiorari. The Supreme Court vacated the judgement and remanded the case, citing Zubik, which held that it was appropriate to vacate and remand so that the courts of appeals could address the arguments in response to the order for supplemental briefs. The supplemental briefing request asked parties to address how contraceptive coverage could be obtained by employees through insurance companies that did not require any involvement by plaintiffs beyond their decision to provide health insurance without contraceptive coverage. 136. S. Ct. 1557.

The court of appeals then granted defendants' motion to stay the proceedings to allow the parties to negotiate a solution in accordance with the Supreme Court's order.

On October 16, 2017, the parties filed a joint stipulation to dismiss, citing new regulations that afforded the plaintiffs an exemption. The new regulations stated that forcing the plaintiffs to choose between the contraception mandate or penalties imposed a substantial burden on religious exercise under the Religious Freedom Restoration Act. On October 19, 2017, U.S. Court of Appeals for the Fifth Circuit Court granted the joint stipulation and dismissed the case.

The case is closed.

Summary Authors

Mallory Jones (4/7/2014)

Cianan Lesley (3/10/2019)

Cedar Hobbs (11/3/2019)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/5138270/parties/catholic-diocese-of-beaumont-v-sebelius/


Judge(s)

Ambro, Thomas L. (Delaware)

Clark, Ron (Texas)

Attorneys(s) for Plaintiff

Cashiola, Randal G. (Texas)

DeJulius, Leon F. Jr. (Pennsylvania)

Fernandez, Carolyn (Texas)

Goetz, John D. (Pennsylvania)

Kairis, Matthew A (Ohio)

Pohl, Paul M. (Pennsylvania)

Raimer, David T. (District of Columbia)

Attorneys(s) for Defendant

Bales, John Malcolm (District of Columbia)

Judge(s)

Ambro, Thomas L. (Delaware)

Clark, Ron (Texas)

Attorneys(s) for Plaintiff

Cashiola, Randal G. (Texas)

DeJulius, Leon F. Jr. (Pennsylvania)

Fernandez, Carolyn (Texas)

Goetz, John D. (Pennsylvania)

Kairis, Matthew A (Ohio)

Pohl, Paul M. (Pennsylvania)

Raimer, David T. (District of Columbia)

Attorneys(s) for Defendant

Bales, John Malcolm (District of Columbia)

Delery, Stuart F. (District of Columbia)

Hartnett, Kathleen R. (District of Columbia)

Humphreys, Bradley Philip (District of Columbia)

Lieber, Sheila M. (District of Columbia)

Ricketts, Jennifer (District of Columbia)

Shumate, Brett (District of Columbia)

Expert/Monitor/Master

Cowen, Michael R. (Texas)

Documents in the Clearinghouse

Document

1:13-cv-00709

Docket [PACER]

Roman Catholic Diocese of Beaumont et al v. Sebelius

Oct. 19, 2017

Oct. 19, 2017

Docket
1

1:13-cv-00709

Original Complaint

Catholic Diocese of Beaumont v. Sebelius

Dec. 10, 2013

Dec. 10, 2013

Complaint
3

1:13-cv-00709

Plaintiffs' Motion for Temporary Restraining Order and Preliminary Injunction and Brief in Support of

Catholic Diocese of Beaumont v. Sebelius

Dec. 10, 2013

Dec. 10, 2013

Pleading / Motion / Brief
10

1:13-cv-00709

Defendants' Memorandum in Support of Motion to Dismiss or, in the Alternative, for Summary Judgment, And in Opposition to Plaintiffs' Motion for Temporary Restraining Order and Preliminary Injunction

Catholic Diocese of Beaumont v. Sebelius

Dec. 23, 2013

Dec. 23, 2013

Pleading / Motion / Brief
11

1:13-cv-00709

Defendants' Motion to Dismiss or, in the Alternative, for Summary Judgment

Catholic Diocese of Beaumont v. Sebelius

Dec. 23, 2013

Dec. 23, 2013

Pleading / Motion / Brief
22

1:13-cv-00709

Plaintiffs' Response to Defendants' Statement of Material Facts

Catholic Diocese of Beaumont v. Sebelius

Dec. 29, 2013

Dec. 29, 2013

Pleading / Motion / Brief
32

1:13-cv-00709

Order

Catholic Diocese of Beaumont v. Sebelius

Dec. 31, 2013

Dec. 31, 2013

Order/Opinion
33

1:13-cv-00709

Memorandum and Order

Catholic Diocese of Beaumont v. Sebelius

10 F.Supp.3d 725

Jan. 2, 2014

Jan. 2, 2014

Order/Opinion
34

1:13-cv-00709

Final Judgment and Order of Injunction

Catholic Diocese of Beaumont v. Sebelius

Jan. 3, 2014

Jan. 3, 2014

Order/Opinion

14-04465

Opinion of the Court

Catholic Diocese of Beaumont v. Sebelius

U. S. Court of Appeals for the Fifth Circuit

793 F.3d 338

July 17, 2015

July 17, 2015

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/5138270/catholic-diocese-of-beaumont-v-sebelius/

Last updated May 28, 2022, 3:08 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against All Defendants ( Filing fee $ 400 receipt number 0540-4437086.), filed by Catholic Charities of Southeast Texas, Inc., Catholic Diocese of Beaumont. (Attachments: # 1 Civil Cover Sheet)(Cashiola, Randal) (Entered: 12/10/2013)

1 Civil Cover Sheet Civil Cover Sheet

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Dec. 10, 2013

Dec. 10, 2013

RECAP

Case Assigned to Judge Ron Clark. (aam, )

Dec. 10, 2013

Dec. 10, 2013

PACER

DEMAND for Trial by Jury by Catholic Charities of Southeast Texas, Inc. and Catholic Diocese of Beaumont. (aam, )

Dec. 10, 2013

Dec. 10, 2013

PACER

In accordance with the provisions of 28 USC Section 636(c), you are hereby notified that a U.S. Magistrate Judge of this district court is available to conduct any or all proceedings in this case including a jury or non-jury trial and to order the entry of a final judgment. The form Consent to Proceed Before Magistrate Judge is available on our website. All signed consent forms, excluding pro se parties, should be filed electronically using the event Notice of Consent to Proceed Before Magistrate Judge. (aam, )

Dec. 10, 2013

Dec. 10, 2013

PACER
2

First MOTION for Leave to File Excess Pages by Catholic Charities of Southeast Texas, Inc., Catholic Diocese of Beaumont. (Attachments: # 1 Text of Proposed Order Proposed Order)(Cashiola, Randal) (Entered: 12/10/2013)

1 Text of Proposed Order Proposed Order

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Dec. 10, 2013

Dec. 10, 2013

PACER
3

First MOTION for Temporary Restraining Order and Preliminary Injunction by Catholic Charities of Southeast Texas, Inc., Catholic Diocese of Beaumont. (Attachments: # 1 Exhibit Declaration, # 2 Exhibit Declaration, # 3 Text of Proposed Order Proposed Order)(Cashiola, Randal) Modified on 12/30/2013 (tkd, ). (Entered: 12/10/2013)

1 Exhibit Declaration

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2 Exhibit Declaration

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3 Text of Proposed Order Proposed Order

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Dec. 10, 2013

Dec. 10, 2013

PACER
4

SUMMONS Issued as to Jacob J. Lew, Thomas Perez, Kathleen Sebelius, U.S. Department of Health and Human Services, U.S. Department of Labor, and U.S. Department of Treasury and emailed to plas' atty for service (aam, ) (Entered: 12/11/2013)

Dec. 11, 2013

Dec. 11, 2013

PACER
5

ORDER setting status/management conference for 12/20/2013 9:00 AM in Ctrm 2 (Beaumont) before Judge Ron Clark. Motion hearing set re 3 First MOTION for Temporary Restraining Order and Preliminary Injunction for 12/30/2013 09:00 AM in Ctrm 2 (Beaumont) before Judge Ron Clark.. Signed by Judge Ron Clark on 12/13/2013. (bjc) Modified on 12/30/2013 (tkd, ). (Entered: 12/13/2013)

Dec. 13, 2013

Dec. 13, 2013

PACER
6

NOTICE of Attorney Appearance by Bradley Philip Humphreys on behalf of All Defendants (Humphreys, Bradley) (Entered: 12/17/2013)

Dec. 17, 2013

Dec. 17, 2013

PACER
7

Minute Entry for proceedings held before Judge Ron Clark: Management/Status Conference held on 12/20/2013. (Court Reporter Chris Bickham.) (fal, ) (Entered: 12/20/2013)

Dec. 20, 2013

Dec. 20, 2013

PACER
8

SCHEDULING ORDER. Deadline for defts to respond to 3 Motion for TRO and Preliminary Injunction is 12/23/13. Pltfs may reply by noon on 12/27/13. Proposed findings of fact are due by noon on 12/27/13. Motion hearing set for 12/30/13 at 9:00 AM. Signed by Judge Ron Clark on 12/20/13. (tkd, ) (Entered: 12/20/2013)

Dec. 20, 2013

Dec. 20, 2013

PACER
9

Unopposed MOTION for Expansion of Page Limits by Jacob J. Lew, Thomas Perez, Kathleen Sebelius, U.S. Department of Health and Human Services, U.S. Department of Labor, U.S. Department of Treasury. (Attachments: # 1 Text of Proposed Order)(Humphreys, Bradley) Modified on 12/26/2013 (tkd, ). (Entered: 12/23/2013)

1 Text of Proposed Order

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Dec. 23, 2013

Dec. 23, 2013

PACER
10

RESPONSE in Opposition re 3 First MOTION for Temporary Restraining Order and Preliminary Injunction filed by Jacob J. Lew, Thomas Perez, Kathleen Sebelius, U.S. Department of Health and Human Services, U.S. Department of Labor, U.S. Department of Treasury. (Humphreys, Bradley) Modified on 12/26/2013 (tkd, ). Modified on 12/30/2013 (tkd, ). (Entered: 12/23/2013)

Dec. 23, 2013

Dec. 23, 2013

PACER
11

MOTION to Dismiss by Jacob J. Lew, Thomas Perez, Kathleen Sebelius, U.S. Department of Health and Human Services, U.S. Department of Labor, U.S. Department of Treasury. (Attachments: # 1 Memorandum in Support, # 2 Statement of Material Facts, # 3 Text of Proposed Order)(Humphreys, Bradley) Two-part motion; see also #12 Motion for Summary Judgment. Modified on 12/26/2013 (tkd, ). (Entered: 12/23/2013)

1 Memorandum in Support

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2 Statement of Material Facts

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3 Text of Proposed Order

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Dec. 23, 2013

Dec. 23, 2013

PACER
12

MOTION for Summary Judgment by Jacob J. Lew, Thomas Perez, Kathleen Sebelius, U.S. Department of Health and Human Services, U.S. Department of Labor, U.S. Department of Treasury. (Docketed for statistical purposes only; see #11 Motion for Dismiss which is a two-part motion.) (tkd, ) (Entered: 12/26/2013)

Dec. 23, 2013

Dec. 23, 2013

PACER
13

REPLY to Response to Motion re 3 First MOTION for Temporary Restraining Order and Preliminary Injunction filed by Catholic Charities of Southeast Texas, Inc., Catholic Diocese of Beaumont. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Cashiola, Randal) Modified on 12/30/2013 (tkd, ). (Entered: 12/27/2013)

1 Exhibit 1

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2 Exhibit 2

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Dec. 27, 2013

Dec. 27, 2013

PACER
14

Proposed Findings of Fact by Catholic Charities of Southeast Texas, Inc., Catholic Diocese of Beaumont. (Cashiola, Randal) (Entered: 12/27/2013)

Dec. 27, 2013

Dec. 27, 2013

PACER
15

Proposed Conclusions of Law by Catholic Charities of Southeast Texas, Inc., Catholic Diocese of Beaumont. (Cashiola, Randal) Modified on 12/30/2013 (tkd, ). (Entered: 12/27/2013)

Dec. 27, 2013

Dec. 27, 2013

PACER
16

NOTICE of Filing of Administrative Record by Jacob J. Lew, Thomas Perez, Kathleen Sebelius, U.S. Department of Health and Human Services, U.S. Department of Labor, U.S. Department of Treasury (Attachments: # 1 Exhibit Record Index)(Humphreys, Bradley) Modified on 12/30/2013 (tkd, ). (Entered: 12/27/2013)

1 Exhibit Record Index

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Dec. 27, 2013

Dec. 27, 2013

PACER
17

NOTICE of Supplemental Authority by Jacob J. Lew, Thomas Perez, Kathleen Sebelius, U.S. Department of Health and Human Services, U.S. Department of Labor, U.S. Department of Treasury re 10 Response in Opposition to Motion, 12 MOTION for Summary Judgment (Attachments: # 1 Catholic Diocese of Nashville v. Sebelius, # 2 Michigan Catholic Conference v. Sebelius, # 3 Little Sisters of the Poor Home for the Aged v. Sebelius)(Humphreys, Bradley) Modified on 12/30/2013 (tkd, ). (Entered: 12/29/2013)

1 Catholic Diocese of Nashville v. Sebelius

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2 Michigan Catholic Conference v. Sebelius

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3 Little Sisters of the Poor Home for the Aged v. Sebelius

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Dec. 29, 2013

Dec. 29, 2013

PACER
18

NOTICE of Supplemental Authority by Catholic Charities of Southeast Texas, Inc., Catholic Diocese of Beaumont (Attachments: # 1 Exhibit 1)(Cashiola, Randal) Modified on 12/30/2013 (tkd, ). (Entered: 12/29/2013)

1 Exhibit 1

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Dec. 29, 2013

Dec. 29, 2013

PACER
19

Supplemental NOTICE of Supplemental Authority by Catholic Charities of Southeast Texas, Inc., Catholic Diocese of Beaumont (Attachments: # 1 Exhibit 1)(Cashiola, Randal) Modified on 12/30/2013 (tkd, ). (Entered: 12/29/2013)

1 Exhibit 1

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Dec. 29, 2013

Dec. 29, 2013

PACER
20

FILED IN ERROR. Please ignore. MOTION to Strike Administrative Record by Catholic Charities of Southeast Texas, Inc., Catholic Diocese of Beaumont. (Attachments: # 1 Exhibit A, # 2 Text of Proposed Order)(Cashiola, Randal) Modified on 12/30/2013 (tkd, ). (Entered: 12/29/2013)

1 Exhibit A

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2 Text of Proposed Order

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Dec. 29, 2013

Dec. 29, 2013

PACER
21

Second Supplemental NOTICE of Supplemental Authority by Catholic Charities of Southeast Texas, Inc., Catholic Diocese of Beaumont (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4)(Cashiola, Randal) Modified on 12/30/2013 (tkd, ). (Entered: 12/29/2013)

1 Exhibit 1

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2 Exhibit 2

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3 Exhibit 3

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4 Exhibit 4

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Dec. 29, 2013

Dec. 29, 2013

PACER
22

RESPONSE to Statement of Material Facts in 11 MOTION to Dismiss filed by Catholic Charities of Southeast Texas, Inc., Catholic Diocese of Beaumont. (Cashiola, Randal) Modified on 12/30/2013 (tkd, ). (Entered: 12/29/2013)

Dec. 29, 2013

Dec. 29, 2013

PACER

***FILED IN ERROR. Please ignore document #20, Motion to Strike Filing of Administrative Record. Motion is missing a certificate of conference and must be refiled. (tkd, )

Dec. 29, 2013

Dec. 29, 2013

PACER
23

Minute Entry for proceedings held before Judge Ron Clark: Motion Hearing held on 12/30/2013 re 3 First MOTION for Temporary Restraining Order and Preliminary Injunction filed by Catholic Diocese of Beaumont, Catholic Charities of Southeast Texas, Inc.. (Court Reporter Chris Bickham.) (fal, ) (Entered: 12/30/2013)

Dec. 30, 2013

Dec. 30, 2013

PACER
24

Witness List. (fal, ) (Entered: 12/30/2013)

Dec. 30, 2013

Dec. 30, 2013

PACER
25

OBJECTIONS to the Filing of 16 Administrative Record by Catholic Charities of Southeast Texas, Inc., Catholic Diocese of Beaumont (Attachments: # 1 Text of Proposed Order)(Cashiola, Randal) Modified on 1/2/2014 (tkd, ). (Entered: 12/30/2013)

1 Text of Proposed Order

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Dec. 30, 2013

Dec. 30, 2013

PACER
26

Stipulated Preliminary Findings by Catholic Charities of Southeast Texas, Inc., Catholic Diocese of Beaumont, Jacob J. Lew, Thomas Perez, Kathleen Sebelius, U.S. Department of Health and Human Services, U.S. Department of Labor, U.S. Department of Treasury. (Humphreys, Bradley) Modified on 1/2/2014 (tkd, ). (Entered: 12/30/2013)

Dec. 30, 2013

Dec. 30, 2013

PACER
27

Second NOTICE of Supplemental Authority by Jacob J. Lew, Thomas Perez, Kathleen Sebelius, U.S. Department of Health and Human Services, U.S. Department of Labor, U.S. Department of Treasury re 3 First MOTION for Temporary Restraining Order and Preliminary Injunction, 11 MOTION to Dismiss, 12 MOTION for Summary Judgment (Attachments: # 1 Exhibit)(Humphreys, Bradley) Modified on 1/2/2014 (tkd, ). (Entered: 12/31/2013)

1 Exhibit

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Dec. 31, 2013

Dec. 31, 2013

PACER
28

NOTICE of Filing of Defendants' Cross-Designations of Cohen Testimony by Jacob J. Lew, Thomas Perez, Kathleen Sebelius, U.S. Department of Health and Human Services, U.S. Department of Labor, U.S. Department of Treasury (Attachments: # 1 Exhibit Defendants' Cross-Designations, # 2 Exhibit Deposition Transcript for Gary M. Cohen)(Humphreys, Bradley) Modified on 1/2/2014 (tkd, ). (Entered: 12/31/2013)

1 Exhibit Defendants' Cross-Designations

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2 Exhibit Deposition Transcript for Gary M. Cohen

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Dec. 31, 2013

Dec. 31, 2013

PACER
29

NOTICE of Supplemental Authority by Jacob J. Lew, Thomas Perez, Kathleen Sebelius, U.S. Department of Health and Human Services, U.S. Department of Labor, U.S. Department of Treasury re 3 First MOTION for Temporary Restraining Order and Preliminary Injunction, 11 MOTION to Dismiss, 12 MOTION for Summary Judgment (Attachments: # 1 Exhibit Little Sisters of the Poor v. Sebelius (CA10))(Humphreys, Bradley) Modified on 1/2/2014 (tkd, ). (Entered: 12/31/2013)

1 Exhibit Little Sisters of the Poor v. Sebelius (CA10)

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Dec. 31, 2013

Dec. 31, 2013

PACER
30

Third Supplemental NOTICE of Supplemental Authority by Catholic Charities of Southeast Texas, Inc., Catholic Diocese of Beaumont (Attachments: # 1 Exhibit 1)(Cashiola, Randal) Modified on 1/2/2014 (tkd, ). (Entered: 12/31/2013)

1 Exhibit 1

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Dec. 31, 2013

Dec. 31, 2013

PACER
31

RESPONSE to 30 Notice of Supplemental Authority Regarding Roman Catholic Diocese of Fort Worth v. Sebelius filed by Jacob J. Lew, Thomas Perez, Kathleen Sebelius, U.S. Department of Health and Human Services, U.S. Department of Labor, U.S. Department of Treasury. (Humphreys, Bradley) Modified on 1/2/2014 (tkd, ). (Entered: 12/31/2013)

Dec. 31, 2013

Dec. 31, 2013

PACER
32

ORDER re 3 Motion for Temporary Restraining Order and Preliminary Injunction. A final judgment consistent with this order and the memorandum opinion will be forthcoming. Signed by Judge Ron Clark on 12/31/13. (tkd, ) (Entered: 01/02/2014)

Dec. 31, 2013

Dec. 31, 2013

PACER
33

MEMORANDUM AND ORDER that pltfs are entitled to a permanent injunction. The Government is enjoined from applying or enforcing the regulations that require the Plaintiffs, their health plans, TPAs, or issuers, to provide or execute the self-certification forms that enable or require the TPA or issuer to provide health insurance coverage for Plaintiff's employees for FDA-approved contraceptives, emergency contraceptives, products, or services under the requirements imposed in 42 U.S.C. § 300gg-13(a) (4), Pub. L. 11-148, § 1563(e)-(f), as well as the application of the penalties found in 26 U.S.C. §§ 4980D & 4980H, and 29 U.S.C. § 1132. Further ordered that all currently pending motions are denied as moot. A final judgment will be forthcoming. Signed by Judge Ron Clark on 1/2/14. (tkd, ) (Entered: 01/03/2014)

Jan. 2, 2014

Jan. 2, 2014

RECAP
34

FINAL JUDGMENT and Order of Injunction. All costs of court will be borne by the party incurring same. This is a final judgment disposing of the claims of all parties and is appealable. Signed by Judge Ron Clark on 1/3/14. (tkd, ) (Entered: 01/03/2014)

Jan. 3, 2014

Jan. 3, 2014

PACER
35

NOTICE OF APPEAL as to 33 Memorandum & Opinion,,, 34 Judgment, 32 Order by Jacob J. Lew, Thomas Perez, Kathleen Sebelius, U.S. Department of Health and Human Services, U.S. Department of Labor, U.S. Department of Treasury. (Humphreys, Bradley) (Entered: 02/24/2014)

Feb. 24, 2014

Feb. 24, 2014

PACER
36

NOTICE of Docketing Notice of Appeal from USCA re 35 Notice of Appeal, filed by U.S. Department of Treasury, U.S. Department of Labor, Kathleen Sebelius, Jacob J. Lew, Thomas Perez, U.S. Department of Health and Human Services. USCA Case Number 14-40212. (dlc, ) (Entered: 03/03/2014)

March 3, 2014

March 3, 2014

PACER
37

TRANSCRIPT ORDER received from the Defendants-Appellants advising transcript is unnecessary for appeal purposes filed by Adam Craig Jed. (tlh, ) Modified on 3/27/2014 (dlc, ). (Entered: 03/26/2014)

March 25, 2014

March 25, 2014

PACER

NOTICE of certification of eROA provided to 5th Circuit Court of Appeals. (dlc, )

March 27, 2014

March 27, 2014

PACER
38

TRANSCRIPT REQUEST by Catholic Charities of Southeast Texas, Inc., Catholic Diocese of Beaumont for proceedings held on 12/30/2013 before Judge Clark, Transcript due by 12/30/2013. (Cashiola, Randal) (Entered: 03/31/2014)

March 31, 2014

March 31, 2014

PACER

USCA 5th Circuit Notice - Original record on appeal is accepted (dlc, )

April 2, 2014

April 2, 2014

PACER

Release of electronic record on appeal to appellant's counsel, Adam Jed via utility upload tool pursuant to his request. (dlc, )

April 2, 2014

April 2, 2014

PACER

Release of electronic record on appeal to appellee's counsel, Thomas Allen via utility upload tool pursuant to his request. (dlc, )

April 3, 2014

April 3, 2014

PACER
39

NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Motion Hearing held on December 30, 2013 before Judge Ron Clark. Court Reporter: Christina Bickham,Telephone number: 409-654-2891. <P>NOTICE RE REDACTION OF TRANSCRIPTS: The parties have seven (7) business days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. The policy is located on our website at www.txed.uscourts.gov<P> Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.. Redaction Request due 5/23/2014. Redacted Transcript Deadline set for 6/2/2014. Release of Transcript Restriction set for 7/31/2014. (clb, ) (Entered: 04/29/2014)

April 29, 2014

April 29, 2014

PACER

NOTICE of certification of supplemental record on appeal provided to 5th Circuit Court of Appeals. (dlc, )

April 30, 2014

April 30, 2014

PACER

USCA 5th Circuit Notice - Supplemental record on appeal is accepted. (dlc, )

May 2, 2014

May 2, 2014

PACER

Release of electronic supplemental record on appeal to appellee's counsel, Thomas Allen via utility upload tool pursuant to his request. (dlc, )

May 12, 2014

May 12, 2014

PACER
40

NOTICE of Attorney Appearance by Adam Anderson Grogg on behalf of All Defendants (Grogg, Adam) (Entered: 03/25/2015)

March 25, 2015

March 25, 2015

PACER
41

SUPREME COURT ORDER GRANTING the petition for a writ of certiorari as to 35 Notice of Appeal, filed by U.S. Department of Treasury, U.S. Department of Labor, Kathleen Sebelius, Jacob J. Lew, Thomas Perez, U.S. Department of Health and Human Services. The judgment or mandate of the Court will not issue for at least 25 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 (pkb, ) (Entered: 05/18/2016)

May 17, 2016

May 17, 2016

PACER
42

ORDER of USCA granting motion to extend the stay of further proceedings to August 22, 2017 as to 35 Notice of Appeal, filed by U.S. Department of Treasury, U.S. Department of Labor, Kathleen Sebelius, Jacob J. Lew, Thomas Perez, U.S. Department of Health and Human Services. Circuit Judge: Jerry E. Smith (Attachments: # 1 USCA Cover Letter)(dlc, ) (Entered: 06/28/2017)

1 USCA Cover Letter

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June 26, 2017

June 26, 2017

PACER
43

NOTICE of Attorney Appearance by Michelle Renee Bennett on behalf of All Defendants (Bennett, Michelle) (Entered: 08/16/2017)

Aug. 16, 2017

Aug. 16, 2017

PACER
44

MOTION to Withdraw as Attorney by Jacob J. Lew, Thomas Perez, Kathleen Sebelius, U.S. Department of Health and Human Services, U.S. Department of Labor, U.S. Department of Treasury. (Grogg, Adam) (Additional attachment(s) added on 8/17/2017: # 1 Proposed Order) (tkd, ). (Entered: 08/16/2017)

1 Proposed Order

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Aug. 16, 2017

Aug. 16, 2017

PACER
45

ORDER granting 44 Motion to Withdraw as Attorney. Attorney Adam Anderson Grogg terminated. Signed by Judge Ron Clark on 8/22/17. (dlc, ) (Entered: 08/23/2017)

Aug. 22, 2017

Aug. 22, 2017

PACER
46

USCA NOTICE with Updated Case Caption (Attachments: # 1 USCA Cover Letter)(dlc, ) (Entered: 10/06/2017)

1 USCA Cover Letter

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Oct. 5, 2017

Oct. 5, 2017

PACER
47

ORDER of USCA dismissing the appeal as of October 19, 2017, as to 35 Notice of Appeal, filed by U.S. Department of Treasury, U.S. Department of Labor, Kathleen Sebelius, Jacob J. Lew, Thomas Perez, U.S. Department of Health and Human Services (Attachments: # 1 USCA Cover Letter)(dlc, ) (Entered: 10/19/2017)

1 USCA Cover Letter

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Oct. 19, 2017

Oct. 19, 2017

PACER

Case Details

State / Territory: Texas

Case Type(s):

Speech and Religious Freedom

Special Collection(s):

Contraception Insurance Mandate

Key Dates

Filing Date: Dec. 10, 2013

Closing Date: 2017

Case Ongoing: No

Plaintiffs

Plaintiff Description:

A non-profit, religious organization

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, 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):

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:

Preliminary injunction / Temp. restraining order

Source of Relief:

Litigation

Form of Settlement:

Voluntary Dismissal

Content of Injunction:

Preliminary relief granted

Issues

General:

Contraception

Disparate Treatment

Public benefits (includes, e.g., in-state tuition, govt. jobs)

Religious programs / policies

Discrimination-area:

Pay / Benefits

Discrimination-basis:

Religion discrimination

Type of Facility:

Non-government non-profit