Case: Stewart v. Sebelius

1:13-cv-01879 | U.S. District Court for the District of Columbia

Filed Date: Nov. 4, 2013

Closed Date: April 6, 2016

Clearinghouse coding complete

Case Summary

This is one of many lawsuits brought challenging the Obama administration's 2012 Health and Human Services (HHS) mandate requiring employers to pay for employees' contraception and abortifacients via medical insurance coverage. Many religious hospitals, charities, universities, and other enterprises owned or controlled by religious organizations or individuals who opposed contraception on doctrinal grounds, argued the mandate violated their religious beliefs. For a full list of these cases plea…

This is one of many lawsuits brought challenging the Obama administration's 2012 Health and Human Services (HHS) mandate requiring employers to pay for employees' contraception and abortifacients via medical insurance coverage. Many religious hospitals, charities, universities, and other enterprises owned or controlled by religious organizations or individuals who opposed contraception on doctrinal grounds, argued the mandate violated their religious beliefs. For a full list of these cases please see our collection of the Contraception Insurance Mandate cases here.

On November 4, 2013, the managing member of a private company, and the company, Encompass Develop, Design, and Construct, LLC, filed a lawsuit in the U.S. District Court for the District of Columbia against the United States Department of Labor, the United States Department of Health and Human Services, and United States Department of the Treasury. The plaintiffs brought the suit under the Administrative Procedure Act (APA), alleging defendants violated the Religious Freedom Restoration Act (RFRA), the First Amendment, and the Fifth Amendment. 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) and extending universal contraception coverage to employer-sponsored private health insurance coverage. Specifically, plaintiffs claimed that providing, paying for, or facilitating access to such services was inconsistent with its religious beliefs and contended that compliance with the contraception requirement was a substantial burden on their religious exercise.

On February 28, 2014, plaintiffs filed an unopposed motion for preliminary injunction and stay of proceedings pending the Supreme Court's ruling in Burwell v. Hobby Lobby Stores, Inc., the first case that the Supreme Court took up challenging the Contraception Mandate. The case had substantially similar facts to the case at hand, as it featured a closely-held for-profit company alleging that the Contraceptive Mandate violated the owner's religious beliefs. That case is discussed at length here.

On June 30, 2014, the Supreme Court released its decision in Burwell v. Hobby Lobby Stores Inc., 134 S. Ct.2751 (2014). There the Court held that the Religious Freedom Restoration Act (RFRA) permitted for-profit corporations that are closely held (e.g., owned by a family or family trust) to refuse, on religious grounds, to pay for legally mandated coverage of certain contraceptive drugs and devices in their employees’ health insurance plans.

On February 2, 2015, the Court—with both parties consenting—entered judgment in favor of the plaintiff, and issued a permanent injunction, due to the ruling in Hobby Lobby. The defendant was enjoined from enforcing the “Contraceptive Coverage Requirement,” that required the plaintiff to provide its employees with health coverage for contraceptive methods, sterilization procedures, and related patient education and counseling to which the plaintiff objected on religious grounds. It also barred defendant from taking any actions against plaintiff for noncompliance with the "Contraception Coverage Requirement." All other complaints against defendant were dismissed. The only issue left undecided was the plaintiff's attorneys' fees.

The parties reached an undisclosed agreement regarding attorneys' fees on June 1, 2015, and asked the court to close the case. The case is now closed.

Summary Authors

Richard Jolly (5/5/2014)

Michael Beech (4/5/2019)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/4212372/parties/stewart-v-sebelius/


Judge(s)

Lamberth, Royce C. (District of Columbia)

Moss, Randolph Daniel (District of Columbia)

Attorneys(s) for Plaintiff

Beauman, Bryan H. (Kentucky)

Elliott, Clinton J. (Kentucky)

Garza, John R. (Maryland)

Judge(s)

Lamberth, Royce C. (District of Columbia)

Moss, Randolph Daniel (District of Columbia)

Attorneys(s) for Plaintiff

Beauman, Bryan H. (Kentucky)

Elliott, Clinton J. (Kentucky)

Garza, John R. (Maryland)

Documents in the Clearinghouse

Document

1:13-cv-01879

Docket

April 6, 2016

April 6, 2016

Docket
1

1:13-cv-01879

Complaint

Nov. 27, 2013

Nov. 27, 2013

Complaint
5

1:13-cv-01879

Plaintiff's Unopposed Motion for Preliminary Injunction and Stay of Proceedings

Feb. 28, 2014

Feb. 28, 2014

Pleading / Motion / Brief
9

1:10-cv-01879

Order and Judgment

Feb. 2, 2015

Feb. 2, 2015

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4212372/stewart-v-sebelius/

Last updated Aug. 10, 2022, 3:05 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against All Defendants with Jury Demand (Fee Status: Paid: Receipt No. 4616060928) filed by JOHN R GARZA, ENCOMPASS DEVELOP, DESIGN & CONSTRUCT, LLC, JOHN F STEWART. (Attachments: # 1 Civil Cover Sheet, # 2 Summons, # 3 Summons, # 4 Summons, # 5 Summons, # 6 Summons, # 7 Summons, # 8 Summons)(Garza, John) (Entered: 11/27/2013)

1 Civil Cover Sheet

View on PACER

2 Summons

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3 Summons

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4 Summons

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5 Summons

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6 Summons

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7 Summons

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8 Summons

View on PACER

Nov. 27, 2013

Nov. 27, 2013

RECAP

Case Assigned to Judge Royce C. Lamberth. (md, )

Nov. 27, 2013

Nov. 27, 2013

PACER
2

ELECTRONIC SUMMONS (7) ISSUED as to JACOB LEW, THOMAS PEREZ, 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 Notice of Consent, # 8 Consent Form)(md, ) (Entered: 11/27/2013)

Nov. 27, 2013

Nov. 27, 2013

PACER
3

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 ENCOMPASS DEVELOP, DESIGN & CONSTRUCT, LLC, JOHN F STEWART (Garza, John) (Entered: 12/09/2013)

Dec. 9, 2013

Dec. 9, 2013

PACER
4

MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Clinton J. Elliott, :Address- 3601 Doris Court Crestwood, Kentucky, 40014. Phone No. - 502-931-2251. by ENCOMPASS DEVELOP, DESIGN & CONSTRUCT, LLC, JOHN F STEWART (Attachments: # 1 Declaration Clinton Declaration-SIGNED)(Garza, John) (Entered: 12/17/2013)

Dec. 17, 2013

Dec. 17, 2013

PACER

MINUTE ORDER granting 3 Motion for Leave to Appear Pro Hac Vice. Signed by Judge Royce C. Lamberth on December 17, 2013. (lcrcl4)

Dec. 17, 2013

Dec. 17, 2013

PACER
5

Unopposed MOTION for Preliminary Injunction and Stay of Proceedings by ENCOMPASS DEVELOP, DESIGN & CONSTRUCT, LLC (Attachments: # 1 Text of Proposed Order Proposed Order Unopposed Motion for Preliminary Injunction and Stay of Proceedings)(Beauman, Bryan). Added MOTION to Stay on 3/3/2014 (znmw, ). (Entered: 02/28/2014)

1 Text of Proposed Order Proposed Order Unopposed Motion for Preliminary Injunctio

View on PACER

Feb. 28, 2014

Feb. 28, 2014

RECAP
6

NOTICE of Appearance by Benjamin Leon Berwick on behalf of All Defendants (Berwick, Benjamin) (Entered: 03/03/2014)

March 3, 2014

March 3, 2014

PACER
7

ORDER Granting 5 Motion for Preliminary Injunction; and 5 Motion to Stay of Proceedings (See Image for Details). Signed by Judge Royce C. Lamberth on 4/2/14. (mpt, ) (Entered: 04/04/2014)

April 3, 2014

April 3, 2014

PACER

MINUTE ORDER granting 4 Motion for Leave to Appear Pro Hac Vice. Signed by Judge Royce C. Lamberth on April 8, 2014. (lcrcl4)

April 8, 2014

April 8, 2014

PACER

Case randomly reassigned to Judge Randolph D. Moss. Judge Royce C. Lamberth no longer assigned to the case. (gt, )

Nov. 19, 2014

Nov. 19, 2014

PACER
8

NOTICE of Proposed ORDER AND JUDGMENT by ENCOMPASS DEVELOP, DESIGN & CONSTRUCT, LLC, JOHN F STEWART (Garza, John) Modified on 12/9/2014 (rdj). (Entered: 12/08/2014)

Dec. 8, 2014

Dec. 8, 2014

RECAP
9

ORDER AND JUDGMENT (See Order for details). Signed by Judge Randolph D. Moss on 2/2/2015. (kt) (Entered: 02/02/2015)

Feb. 2, 2015

Feb. 2, 2015

PACER
10

Joint MOTION for Extension of Time to File for Attorney's Fees and Costs by ENCOMPASS DEVELOP, DESIGN & CONSTRUCT, LLC (Attachments: # 1 Text of Proposed Order)(Beauman, Bryan) (Entered: 03/19/2015)

March 19, 2015

March 19, 2015

PACER

MINUTE ORDER: Upon consideration of the Joint Motion for Extension of Time 10, it is hereby ORDERED that the motion is GRANTED. Plaintiffs shall submit any motion for attorneys' fees and costs on or before April 18, 2015. Signed by Judge Randolph D. Moss on March 19, 2015. (lcrdm3, )

March 19, 2015

March 19, 2015

PACER

Set/Reset Deadline: Plaintiffs shall submit any motion for attorneys' fees and costs on or before 4/18/2015. (kt)

March 20, 2015

March 20, 2015

PACER
11

MOTION for Extension of Time to Extend Deadline for Attorney's Fees and Costs by ENCOMPASS DEVELOP, DESIGN & CONSTRUCT, LLC (Attachments: # 1 Text of Proposed Order)(Beauman, Bryan) (Entered: 04/17/2015)

April 17, 2015

April 17, 2015

PACER

MINUTE ORDER: Upon consideration of the Motion for Extension of Time 11, it is hereby ORDERED that the motion is GRANTED. Plaintiffs shall file any motion for attorneys' fees and costs on or before June 2, 2015. Signed by Judge Randolph D. Moss on April 17, 2015. (lcrdm3, )

April 17, 2015

April 17, 2015

PACER

Set/Reset Deadline: Plaintiffs shall file any motion for attorneys' fees and costs on or before 6/2/2015. (kt)

April 17, 2015

April 17, 2015

PACER
12

STATUS REPORT of Plaintiffs by ENCOMPASS DEVELOP, DESIGN & CONSTRUCT, LLC. (Beauman, Bryan) (Entered: 06/01/2015)

June 1, 2015

June 1, 2015

PACER

MINUTE ORDER: Upon consideration of the parties' Joint Status Report 12, it is hereby ORDERED that the parties shall show cause on or before November 24, 2015, why this case should not be terminated. Signed by Judge Randolph D. Moss on 11/16/2015. (lcrdm3, )

Nov. 16, 2015

Nov. 16, 2015

PACER

Set/Reset Deadline: The parties shall show cause on or before 11/24/2015, why this case should not be terminated. (kt)

Nov. 17, 2015

Nov. 17, 2015

PACER

MINUTE ORDER: Upon consideration of the parties' joint status report 12 informing the Court that they have settled all issues related to attorney's fees, and the lack of response to the Court's Minute Order of November 16, 2015, it is hereby ORDERED that this case is dismissed. Signed by Judge Randolph D. Moss on 4/6/2016. (lcrdm3, )

April 6, 2016

April 6, 2016

PACER

Case Details

State / Territory: District of Columbia

Case Type(s):

Speech and Religious Freedom

Special Collection(s):

Contraception Insurance Mandate

Multi-LexSum (in sample)

Key Dates

Filing Date: Nov. 4, 2013

Closing Date: April 6, 2016

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Managing member of a privately-held company

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Department of Health and Human Services, Federal

Department of Treasury, Federal

Department of Labor, 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):

Establishment Clause

Free Exercise Clause

Freedom of speech/association

Availably Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Attorneys fees

Preliminary injunction / Temp. restraining order

Source of Relief:

Settlement

Form of Settlement:

Private Settlement Agreement

Voluntary Dismissal

Order Duration: 2015 - None

Content of Injunction:

Preliminary relief granted

Issues

General:

Contraception

Religious programs / policies

Discrimination-area:

Pay / Benefits

Discrimination-basis:

Religion discrimination

Type of Facility:

Non-government for profit