Case: University of Notre Dame v. Sebelius

3:13-cv-01276 | U.S. District Court for the Northern District of Indiana

Filed Date: Dec. 3, 2013

Closed Date: 2017

Clearinghouse coding complete

Case Summary

On December 3, 2013, the University of Notre Dame, a religious nonprofit university, filed this lawsuit in the U.S. District Court for the Northern District of Indiana against the U.S. Department of Health and Human Services (HHS). Notre Dame alleged that the Affordable Care Act's (ACA) contraception insurance mandate, even with the accommodation for nonprofit religious organizations, violated the Establishment Clause and Free Speech Clause of the First Amendment and the Religious Freedom Resto…

On December 3, 2013, the University of Notre Dame, a religious nonprofit university, filed this lawsuit in the U.S. District Court for the Northern District of Indiana against the U.S. Department of Health and Human Services (HHS). Notre Dame alleged that the Affordable Care Act's (ACA) contraception insurance mandate, even with the accommodation for nonprofit religious organizations, violated the Establishment Clause and Free Speech Clause of the First Amendment and the Religious Freedom Restoration Act (RFRA). Notre Dame sought preliminary and permanent injunctions barring the government from enforcing the contraception insurance mandate to avoid a violation of Notre Dame's deeply held religious beliefs.

On December 20, 2013, the District Court (Judge Philip P. Simon) denied Notre Dame's motion for preliminary injunction. The Court found that the ACA's insurance accommodation, which allowed the head of an eligible organization to provide self-certification which in turn triggered a third-party administrator to provide contraception coverage to the organization's employees, did not impose a substantial burden on the free exercise of the religion. University of Notre Dame v. Sebelius, 988 F.Supp.2d 912 (N.D. IN. 2013) The same day, Notre Dame filed an interlocutory appeal with the U.S. Court of Appeals for the Seventh Circuit (No. 13-3853) and a motion for preliminary injunction with the District Court pending their appeal.

On December 23, 2013, the District Court denied the plaintiff's motion for injunction pending appeal and on December 30, 2013, the Seventh Circuit denied the plaintiff's emergency motion for injunction pending appeal.

On February 21, 2014, the Seventh Circuit (Judge Richard Posner) affirmed the District Court's denial of preliminary injunction. The Court of Appeals found that the ACA's insurance accommodation was consistent with the balancing act required by RFRA and therefore it did not substantially burden the free exercise of plaintiffs. University of Notre Dame v. Sebelius, 743 F.3d 547 (N.D. IN. 2014). On May 7, 2014, the Seventh Circuit denied plaintiffs' April 4, 2014, motion for rehearing.

Notre Dame sought review in the Supreme Court, and on March 9, 2015, the Court granted the writ of certiorari, vacated the judgment, and remanded the case to the Seventh Circuit for further consideration in light of its decision (after the Seventh Circuit's decision) in Burwell v. Hobby Lobby Stores, Inc., 134 S. Ct. 2751 (2014). Univ. of Notre Dame v. Burwell, 135 U.S. 1258 (2015) (cert. granted). In Hobby Lobby, the Supreme Court had held that the HHS regulations imposing the contraceptive mandate violated RFRA, when applied to closely held for-profit corporations. The Court emphasized, however, that alternative methods for meeting the government's asserted interest were available.

On remand, after hearing oral arguments on April 22, 2015, the Seventh Circuit affirmed the District Court's denial of preliminary injunction on May 19, 2015, holding that Notre Dame had still not met its burden of establishing an entitlement to a preliminary injunction. Univ. of Notre Dame v. Burwell, 786 F.3d 606 (7th Cir. 2015).

On June 17, 2016, the Supreme Court remanded the case back to Seventh Circuit in light of the Supreme Court's decision in Zubik v. Burwell, 578 U.S. ––– (2016). Univ. of Notre Dame v. Burwell, 136 S. Ct. 2007 (2016). The Supreme Court explained that through the Zubik litigation, the petitioners made the Government aware of their view that they met requirements for exemption from the contraceptive coverage requirement on religious grounds, and nothing precluded the Government from relying on this notice.

As it appeared that proceedings in the Seventh Circuit would continue for some time, in district court the case was administratively closed on March 2, 2017, until the appellate proceedings concluded. Meanwhile, in circuit court the parties engaged in settlement negotiations and were required to file status reports.

On October 7, 2017, the U.S. Department of Health and Human Services issued a new rule offering an exemption to any employer that objects to covering contraception services on the basis of sincerely held religious beliefs or moral convictions. Thus, on October 17, 2017, the Seventh Circuit closed the case after the parties filed a joint stipulation to dismiss the appeal.

Summary Authors

Mallory Jones (4/7/2014)

Richard Jolly (5/11/2014)

Beth Richardson (7/8/2015)

MJ Koo (3/14/2017)

Related Cases

University of Notre Dame v. Sebelius, Northern District of Indiana (2012)

Diocese of Fort Wayne-South Bend v. Burwell, Northern District of Indiana (2012)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/5466532/parties/notre-dame-university-of-v-sebelius/


Judge(s)

Gotsch, Michael G. Sr. (Indiana)

Hamilton, David Frank (Indiana)

Nuechterlein, Christopher A. (Indiana)

Posner, Richard Allen (Illinois)

Simon, Philip P. (Indiana)

Attorneys(s) for Plaintiff

Corr, Marriane (Indiana)

DeJulius, Leon F. Jr. (Pennsylvania)

Flaum, Joel Martin (Illinois)

Goetz, John D. (Pennsylvania)

Hogan, Carol A. (Illinois)

Judge(s)

Gotsch, Michael G. Sr. (Indiana)

Hamilton, David Frank (Indiana)

Nuechterlein, Christopher A. (Indiana)

Posner, Richard Allen (Illinois)

Simon, Philip P. (Indiana)

Attorneys(s) for Plaintiff

Corr, Marriane (Indiana)

DeJulius, Leon F. Jr. (Pennsylvania)

Flaum, Joel Martin (Illinois)

Goetz, John D. (Pennsylvania)

Hogan, Carol A. (Illinois)

Kairis, Matthew A (Ohio)

Kilmartin, Alison J. (Pennsylvania)

Murray, Brian Joseph (Illinois)

Palmisciano, Melissa D (Ohio)

Pohl, Paul M. (Pennsylvania)

Raimer, David T. (District of Columbia)

Attorneys(s) for Defendant

Jed, Adam C. (District of Columbia)

Klein, Alisa B. (District of Columbia)

Pollack, Michael Charles (District of Columbia)

Pruski, Jacek (District of Columbia)

Saltman, Julie Shana (District of Columbia)

Shumate, Brett (District of Columbia)

Stern, Marc (District of Columbia)

Other Attorney(s)

Khan, Ayesha N. (District of Columbia)

Lee, Jennifer (New York)

Moskowitz, Seymour (Indiana)

Documents in the Clearinghouse

Document

3:13-cv-01276

13-03853

Docket [PACER]

University of Notre Dame v. Sebelius

U. S. Court of Appeals for the Seventh Circuit

Oct. 17, 2017

Oct. 17, 2017

Docket

3:13-cv-01276

Docket [PACER]

Oct. 24, 2017

Oct. 24, 2017

Docket
1

3:13-cv-01276

Complaint

University of Notre Dame v. Sebelius

Dec. 3, 2013

Dec. 3, 2013

Complaint
40

3:13-cv-01276

Opinion and Order Denying Plaintiff's Motion for Preliminary Injunction

University of Notre Dame v. Sebelius

988 F.Supp.2d 912, 2013 WL 6804773

Dec. 20, 2013

Dec. 20, 2013

Order/Opinion
49

3:13-cv-01276

Order and Opinion Denying Plaintiff's Motion for Preliminary Injunction Pending Appeal

Dec. 23, 2013

Dec. 23, 2013

Order/Opinion
53

13-03853

[Order Affirming District Court's Judgment]

University of Notre Dame v. Sebelius

U. S. Court of Appeals for the Seventh Circuit

743 F.3d 547

Feb. 21, 2014

Feb. 21, 2014

Order/Opinion

3:13-cv-01276

14-00392

USSC Opinion

University of Notre Dame v. Burwell

Supreme Court of the United States

135 U.S. 1258

March 9, 2015

March 9, 2015

Order/Opinion
85

3:13-cv-01276

13-03853

Final Order Affirming District Court's Judgment

University of Notre Dame v. Burwell

U. S. Court of Appeals for the Seventh Circuit

786 F.3d 606, 2015 WL 23744764

May 19, 2015

May 19, 2015

Order/Opinion
76-1

13-03753

Order

University of Notre Dame v. Burwell

U. S. Court of Appeals for the Seventh Circuit

July 24, 2015

July 24, 2015

Order/Opinion

3:13-cv-01276

Settlement Agreement

Oct. 13, 2017

Oct. 13, 2017

Settlement Agreement

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/5466532/notre-dame-university-of-v-sebelius/

Last updated May 29, 2022, 3:22 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against Jacob J Lew, Thomas Perez, Kathleen Sebelius, US Department of Health and Human Services, US Department of Labor, US Department of the Treasury (Filing fee $ 400.) Receipt #3009121, filed by Notre Dame University of. (Attachments: # 1 Civil Cover Sheet)(jld) (Additional attachment(s) added on 12/3/2013: # 2 Exhibit A) (jld). (Entered: 12/03/2013)

1 Civil Cover Sheet

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2 Exhibit A

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Dec. 3, 2013

Dec. 3, 2013

PACER
2

NOTICE of Appearance by Matthew A Kairis on behalf of Notre Dame University of (jld) (Entered: 12/03/2013)

Dec. 3, 2013

Dec. 3, 2013

PACER
3

Corporate Disclosure Statement by Notre Dame University of. (jld) (Entered: 12/03/2013)

Dec. 3, 2013

Dec. 3, 2013

PACER
4

Summons Issued as to Jacob J Lew, Thomas Perez, Kathleen Sebelius, US Department of Health and Human Services, US Department of Labor, US Department of the Treasury. NOTE: Only copies that bear the seal of the court should be used for service of process. (jld) (Entered: 12/03/2013)

Dec. 3, 2013

Dec. 3, 2013

PACER
5

NOTICE of Appearance by Alison M Kilmartin on behalf of Notre Dame University of (Kilmartin, Alison) (Entered: 12/05/2013)

Dec. 5, 2013

Dec. 5, 2013

PACER
6

NOTICE of Appearance by Melissa D Palmisciano on behalf of Notre Dame University of (Palmisciano, Melissa) (Entered: 12/05/2013)

Dec. 5, 2013

Dec. 5, 2013

PACER
7

MOTION for Temporary Restraining Order and Request for Hearing by Plaintiff Notre Dame University of. (Kairis, Matthew) (Entered: 12/09/2013)

Dec. 9, 2013

Dec. 9, 2013

PACER
8

AFFIDAVIT re 7 MOTION for Temporary Restraining Order and Request for Hearing of Matthew A. Kairis by Notre Dame University of. (Kairis, Matthew) (Entered: 12/09/2013)

Dec. 9, 2013

Dec. 9, 2013

PACER
9

MOTION for Preliminary Injunction and Request for Oral Argument by Plaintiff Notre Dame University of. (Kairis, Matthew) (Entered: 12/09/2013)

Dec. 9, 2013

Dec. 9, 2013

PACER
10

AFFIDAVIT re 9 MOTION for Preliminary Injunction and Request for Oral Argument, 7 MOTION for Temporary Restraining Order and Request for Hearing of John Affleck-Graves by Notre Dame University of. (Kairis, Matthew) (Entered: 12/09/2013)

Dec. 9, 2013

Dec. 9, 2013

PACER
11

MOTION for Leave to File Excess Pages for Memorandum of Law in Support of Motion for Temporary Restraining Order and Motion for Preliminary Injunction by Plaintiff Notre Dame University of. (Attachments: # 1 Exhibit 1 - Memorandum in Support, # 2 Exhibit A to Ex. 1 - Memorandum in Support, # 3 Exhibit B to Ex. 1 - Memorandum in Support, # 4 Exhibit C to Ex. 1 - Memorandum in Support, # 5 Exhibit D to Ex. 1 - Memorandum in Support, # 6 Exhibit E to Ex. 1 - Memorandum in Support, # 7 Exhibit F to Ex. 1 - Memorandum in Support, # 8 Exhibit G to Ex. 1 - Memorandum in Support, # 9 Exhibit H to Ex. 1 - Memorandum in Support)(Kairis, Matthew) (Entered: 12/09/2013)

1 Exhibit 1 - Memorandum in Support

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2 Exhibit A to Ex. 1 - Memorandum in Support

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3 Exhibit B to Ex. 1 - Memorandum in Support

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4 Exhibit C to Ex. 1 - Memorandum in Support

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5 Exhibit D to Ex. 1 - Memorandum in Support

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6 Exhibit E to Ex. 1 - Memorandum in Support

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7 Exhibit F to Ex. 1 - Memorandum in Support

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8 Exhibit G to Ex. 1 - Memorandum in Support

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9 Exhibit H to Ex. 1 - Memorandum in Support

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Dec. 9, 2013

Dec. 9, 2013

PACER

Chief Judge Philip P Simon added. Senior Judge James T Moody no longer assigned to case. (kwk)

Dec. 10, 2013

Dec. 10, 2013

PACER
12

Consent MOTION for Leave to File Excess Pages and to dispense with table of contents and table of authorities by Defendants Jacob J Lew, Thomas Perez, Kathleen Sebelius, US Department of Health and Human Services, US Department of Labor, US Department of the Treasury. (Pollack, Michael) (Entered: 12/10/2013)

Dec. 10, 2013

Dec. 10, 2013

PACER
13

RESPONSE to Motion re 9 MOTION for Preliminary Injunction and Request for Oral Argument, 7 MOTION for Temporary Restraining Order and Request for Hearing filed by Jacob J Lew, Thomas Perez, Kathleen Sebelius, US Department of Health and Human Services, US Department of Labor, US Department of the Treasury. (Pollack, Michael) (Entered: 12/10/2013)

Dec. 10, 2013

Dec. 10, 2013

PACER
14

ORDER REFERRING 7 MOTION for Temporary Restraining Order and Request for Hearing filed by Notre Dame University of to Judge Van Bokkelen. Parties are directed to contact Judge VanBokkelen's chambers at 219-852-6744 to schedule a hearing on Plaintiff's Motion. Signed by Chief Judge Philip P Simon on 12/10/13. (smp) (Entered: 12/10/2013)

Dec. 10, 2013

Dec. 10, 2013

PACER
15

ORDER granting 11 Motion for Leave to File Excess Pages. Notre Dames Memorandum of Law in Support of Plaintiffs Motion for Temporary Restraining Order and Motion for Preliminary Injunction shall not exceed fifty (50) pages. Signed by Magistrate Judge Christopher A Nuechterlein on 12/11/13. (cck) (Entered: 12/11/2013)

Dec. 11, 2013

Dec. 11, 2013

PACER
16

SUPPLEMENT to 10 Affidavit, Exhibit A attached to Affidavit of John Affleck-Graves filed by Notre Dame University of. (Kairis, Matthew) (Entered: 12/11/2013)

Dec. 11, 2013

Dec. 11, 2013

PACER
17

NOTICE by Notre Dame University of Withdrawal of Motion for Temporary Restraining Order and Request for Hearing (Kairis, Matthew) (Entered: 12/11/2013)

Dec. 11, 2013

Dec. 11, 2013

PACER
18

MEMORANDUM in Support of 9 MOTION for Preliminary Injunction and Request for Oral Argument, 7 MOTION for Temporary Restraining Order and Request for Hearing filed by Notre Dame University of. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H)(Kairis, Matthew) (Entered: 12/11/2013)

1 Exhibit A

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2 Exhibit B

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3 Exhibit C

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4 Exhibit D

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5 Exhibit E

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6 Exhibit F

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7 Exhibit G

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8 Exhibit H

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Dec. 11, 2013

Dec. 11, 2013

PACER
21

ORDER Setting Hearing on Motion 9 MOTION for Preliminary Injunction and Request for Oral Argument : ORAL ARGUMENT set for 12/19/2013 09:00 AM (CST) in US District Court - Hammond before Chief Judge Philip P Simon.. Signed by Chief Judge Philip P Simon on 12/11/13. (smp) (Entered: 12/12/2013)

Dec. 11, 2013

Dec. 11, 2013

PACER
19

ORDER granting 12 Motion for Leave to File Excess Pages. Defendants' Brief in Opposition to Plaintiff's Motions for Temporary Restraining Order and for Preliminary Injunction shall not exceed twenty-nine (29) pages and need not include a table of contents and table of authorities. Signed by Magistrate Judge Christopher A Nuechterlein on 12/12/13. (cck) (Entered: 12/12/2013)

Dec. 12, 2013

Dec. 12, 2013

PACER
20

MOTION for Leave to File Amicus Curiae Brief by Amicus American Civil Liberties Union. (Attachments: # 1 Addendum Proposed Amicus Brief)(Lee, Jennifer) (Entered: 12/12/2013)

1 Addendum Proposed Amicus Brief

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Dec. 12, 2013

Dec. 12, 2013

PACER
22

Consent MOTION for Leave to File Excess Pages for Reply Regarding Motion for Preliminary Injunction by Plaintiff Notre Dame University of. (Kairis, Matthew) (Entered: 12/13/2013)

Dec. 13, 2013

Dec. 13, 2013

PACER
23

ORDER granting 22 Motion for Leave to File Excess Pages. Notre Dame's reply brief regarding its Motion for Preliminary Injunction shall not exceed twenty-five (25) pages. Signed by Magistrate Judge Christopher A Nuechterlein on 12/16/13. (cck) (Entered: 12/16/2013)

Dec. 16, 2013

Dec. 16, 2013

PACER
24

AFFIDAVIT of John Affleck-Graves (Supplemental) by Notre Dame University of. (Kairis, Matthew) (Entered: 12/16/2013)

Dec. 16, 2013

Dec. 16, 2013

PACER
25

AFFIDAVIT of Meritain Health, Inc. by Notre Dame University of. (Kairis, Matthew) (Entered: 12/16/2013)

Dec. 16, 2013

Dec. 16, 2013

PACER
26

REPLY to Response to Motion re 9 MOTION for Preliminary Injunction and Request for Oral Argument filed by Notre Dame University of. (Attachments: # 1 Transcript Excerpt, # 2 EDNY Decision & Order, # 3 IOM Report)(Kairis, Matthew) (Entered: 12/16/2013)

1 Transcript Excerpt

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2 EDNY Decision & Order

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3 IOM Report

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Dec. 16, 2013

Dec. 16, 2013

PACER
27

ORDER granting 20 ACLU's Motion for Leave to File amicus curiae brief. The ACLU will not be heard at oral argument regarding preliminary injunction. Signed by Chief Judge Philip P Simon on 12/17/13. (smp) (Entered: 12/18/2013)

Dec. 17, 2013

Dec. 17, 2013

PACER
28

NOTICE by Jacob J Lew, Thomas Perez, Kathleen Sebelius, US Department of Health and Human Services, US Department of Labor, US Department of the Treasury Supplemental Authority (Attachments: # 1 Exhibit Priests for Life v. HHS)(Pollack, Michael) (Entered: 12/19/2013)

1 Exhibit Priests for Life v. HHS

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Dec. 19, 2013

Dec. 19, 2013

PACER
29

APPLICATION for Attorney Ayesha Naseem Khan to Appear Pro Hac Vice on behalf of Jane Doe #1, Jane Doe #2, and Jane Doe #3 ; Receipt #3009282. (smp) (Entered: 12/19/2013)

Dec. 19, 2013

Dec. 19, 2013

PACER
30

BRIEF in Opposition to 9 MOTION for Preliminary Injunction and Request for Oral Argument, 7 MOTION for Temporary Restraining Order and Request for Hearing by Amicus Curiae filed by American Civil Liberties Union. (Lee, Jennifer) (Entered: 12/19/2013)

Dec. 19, 2013

Dec. 19, 2013

PACER
31

ORDER granting 29 Application to Appear Pro Hac Vice of Attorney Ayesha Naseem Kahn PHV for Jane Doe #1-3. Signed by Chief Judge Philip P Simon on 12/10/13. (smp) Modified on 12/19/2013 (copy sent to attorney Kahn)(smp). (Entered: 12/19/2013)

Dec. 19, 2013

Dec. 19, 2013

PACER
32

RESPONSE by Notre Dame University of to 28 Notice (Other), . (Kairis, Matthew) (Entered: 12/19/2013)

Dec. 19, 2013

Dec. 19, 2013

PACER
33

VACATED per de 73 Order - MOTION to Intervene by Movant Jane Does 1 - 3. (Moskowitz, Seymour) Modified on 7/22/2014 (rmc). (Entered: 12/19/2013)

Dec. 19, 2013

Dec. 19, 2013

PACER
34

MEMORANDUM in Support of 33 MOTION to Intervene and for Consideration of Intervenors' Arguments in Opposition to Plaintiff's Motion for Preliminary Injunction filed by Jane Does 1 - 3. (Attachments: # 1 Affidavit Declaration of Doe #1, # 2 Affidavit Declaration of Doe #2, # 3 Affidavit Declaration of Doe #3)(Moskowitz, Seymour) (Entered: 12/19/2013)

1 Affidavit Declaration of Doe #1

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2 Affidavit Declaration of Doe #2

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3 Affidavit Declaration of Doe #3

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Dec. 19, 2013

Dec. 19, 2013

PACER
35

Proposed Intervenors' ANSWER to 1 Complaint, pursuant to FRCP 24(c) by Jane Does 1 - 3.(Moskowitz, Seymour) (Entered: 12/19/2013)

Dec. 19, 2013

Dec. 19, 2013

PACER
36

MOTION HEARING held on 12/19/2013 re 9 MOTION for Preliminary Injunction and Request for Oral Argument filed by Notre Dame University of before Chief Judge Philip P Simon. Pla appeared by atty Matthew A. Kairis. Dft appeared by atty Michael C. Pollack. Court hears oral argument on the motion. Court to issue ruling. Plf requests a TRO and argument was heard. (Court Reporter Sharon Boleck-Mroz.) (nac) (Entered: 12/20/2013)

Dec. 19, 2013

Dec. 19, 2013

PACER
37

NOTICE by Notre Dame University of re 9 MOTION for Preliminary Injunction and Request for Oral Argument (Attachments: # 1 Exhibit A)(Kairis, Matthew) (Entered: 12/20/2013)

1 Exhibit A

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Dec. 20, 2013

Dec. 20, 2013

PACER
38

TRANSCRIPT of Preliminary Injunction hearing held on December 19, 2013, before Judge Philip P. Simon. Court Reporter Sharon Boleck Mroz, Telephone number 219-852-6728. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. IMPORTANT: Notice is hereby given that an official transcript of a proceeding has been filed by the court reporter in the above matter. The parties have 7 calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. Within 21 days of the filing of the transcript, a Redaction Request - Transcript shall be e-filed with the Court. Access to this request will be restricted to the Court and attorneys of record in the case. If no such Notice and Redaction Request are filed, the transcript may be made remotely, electronically available to the public without redaction. Any party needing a copy of the transcript to review for redaction purposes may purchase a copy from the Court Reporter. Counsel are strongly urged to share this notice with all clients so that an informed decision about the inclusion of certain materials may be made. The responsibility for redacting these personal identifiers rests solely with counsel and the parties. The Clerk and Court Reporter will not review each transcript for compliance with this rule. Notice of Intent to Redact due 1/6/2014. Redaction Request due 1/10/2014. Redacted Transcript Deadline set for 1/21/2014. Release of Transcript Restriction set for 3/20/2014. (sbm) (Entered: 12/20/2013)

Dec. 20, 2013

Dec. 20, 2013

PACER
39

NOTICE by Notre Dame University of re 9 MOTION for Preliminary Injunction and Request for Oral Argument of Supplemental Authority (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Kairis, Matthew) (Entered: 12/20/2013)

1 Exhibit A

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2 Exhibit B

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Dec. 20, 2013

Dec. 20, 2013

PACER
40

OPINION AND ORDER: DENYING Plf University of Notre Dame's Motion for a Preliminary Injunction 9 . Signed by Chief Judge Philip P Simon on 12/20/2013. (nac) Modified dkt text on 12/27/2013 (kjp). (Entered: 12/20/2013)

Dec. 20, 2013

Dec. 20, 2013

RECAP
41

MOTION for Preliminary Injunction Pending Appeal by Plaintiff Notre Dame University of. (Kairis, Matthew) (Entered: 12/20/2013)

Dec. 20, 2013

Dec. 20, 2013

PACER
42

BRIEF in Support of 41 MOTION for Preliminary Injunction Pending Appeal filed by Notre Dame University of. (Kairis, Matthew) (Entered: 12/20/2013)

Dec. 20, 2013

Dec. 20, 2013

PACER
43

NOTICE OF INTERLOCUTORY APPEAL as to 40 Order on Motion for Preliminary Injunction, filed by Plaintiff Notre Dame University of. Filing fee $ 455, receipt number 0755-2243817. (Kairis, Matthew) (Entered: 12/20/2013)

Dec. 20, 2013

Dec. 20, 2013

PACER
44

Docketing Statement re: 43 Notice of Interlocutory Appeal filed by Notre Dame University of. (Kairis, Matthew) (Entered: 12/20/2013)

Dec. 20, 2013

Dec. 20, 2013

PACER
46

***THIS REPLACES DOCUMENT 45 *** TRANSCRIPT REQUEST by Notre Dame University of for proceedings held on 12/19/2013 before Judge Simon, re 43 Notice of Interlocutory Appeal (Kairis, Matthew) Modified on 12/23/2013 to note this entry replaces DE 45 because of an incorrect document format --- DE 46 has the correct format of the document (lyb). (Entered: 12/23/2013)

Dec. 23, 2013

Dec. 23, 2013

PACER
47

Short Record Sent to US Court of Appeals re 43 Notice of Interlocutory Appeal. Appeal filing fees paid in the amount of $455.00 - Receipt # 0755-2243817. (Attachments: # 1 Notice of Interlocutory Appeal, # 2 Docketing Statement, # 3 Order being appealed, # 4 Docket sheet)(smp) (Entered: 12/23/2013)

1 Notice of Interlocutory Appeal

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2 Docketing Statement

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3 Order being appealed

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4 Docket sheet

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Dec. 23, 2013

Dec. 23, 2013

PACER
48

RESPONSE to Motion re 41 MOTION for Preliminary Injunction Pending Appeal filed by Jacob J Lew, Thomas Perez, Kathleen Sebelius, US Department of Health and Human Services, US Department of Labor, US Department of the Treasury. (Pollack, Michael) (Entered: 12/23/2013)

Dec. 23, 2013

Dec. 23, 2013

PACER
49

ORDER denying 41 Plaintiff's Motion For Preliminary Injunction Pending Appeal. Signed by Chief Judge Philip P Simon on 12/23/2013. (nac) (Entered: 12/23/2013)

Dec. 23, 2013

Dec. 23, 2013

RECAP
52

USCA Case Number 13-3853 for 43 Notice of Interlocutory Appeal filed by Notre Dame University of. (Attachments: # 1 3(b) Fee Notice, # 2 Notice Vacating Fee Notice)(smp) (Entered: 12/27/2013)

1 3(b) Fee Notice

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2 Notice Vacating Fee Notice

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Dec. 23, 2013

Dec. 23, 2013

PACER
50

VACATED per de 73 Order - MOTION to Proceed Anonymously by Movant Jane Does 1 - 3. (Moskowitz, Seymour) Modified on 7/22/2014 (rmc). (Entered: 12/26/2013)

Dec. 26, 2013

Dec. 26, 2013

PACER
51

MEMORANDUM in Support of 50 MOTION to Proceed Anonymously filed by Jane Does 1 - 3. (Moskowitz, Seymour) (Entered: 12/26/2013)

Dec. 26, 2013

Dec. 26, 2013

PACER
56

ORDER of USCA as to 43 Notice of Interlocutory Appeal filed by Notre Dame University of DENYING emergency motion for an injunction. Briefing in the appeal is EXPEDITED. (smp) (Entered: 01/08/2014)

Dec. 30, 2013

Dec. 30, 2013

PACER
53

Joint MOTION to Stay District Court Proceedings Pending Appeal by Plaintiff Notre Dame University of. (Attachments: # 1 Exhibit Seventh Circuit Order (Dec. 30, 2013))(Kairis, Matthew) (Entered: 12/31/2013)

1 Exhibit Seventh Circuit Order (Dec. 30, 2013)

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Dec. 31, 2013

Dec. 31, 2013

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54

ORDER granting 53 Motion to Stay; proceedings before this Court wil be STAYED during the pendency of the appeal to the Seventh Circuit of the denial of Notre Dame's request for a preliminary injunction. Signed by Chief Judge Philip P Simon on 1/2/14. (smp) (Entered: 01/02/2014)

Jan. 2, 2014

Jan. 2, 2014

PACER
63

Letter from 7th Circuit Court of Appeals requesting record on appeal. (lyb) (Entered: 01/13/2014)

Jan. 9, 2014

Jan. 9, 2014

PACER
57

ACKNOWLEDGEMENT OF SERVICE Executed as to 1 Complaint, David A. Capp c/o Civil Process Clerk, United States Attorney Acknowledgement filed by Notre Dame University of. (Kilmartin, Alison) (Entered: 01/10/2014)

Jan. 10, 2014

Jan. 10, 2014

PACER
58

ACKNOWLEDGEMENT OF SERVICE Executed as to 1 Complaint, Eric H. Holder, Jr., Attorney General of the United States, U.S. Department of Justice Acknowledgement filed by Notre Dame University of. (Kilmartin, Alison) (Entered: 01/10/2014)

Jan. 10, 2014

Jan. 10, 2014

PACER
59

SUMMONS Returned Executed by Notre Dame University of. Kathleen Sebelius served on 12/6/2013, answer due 2/4/2014; US Department of Health and Human Services served on 12/6/2013, answer due 2/4/2014. (Kilmartin, Alison) (Entered: 01/10/2014)

Jan. 10, 2014

Jan. 10, 2014

PACER
60

SUMMONS Returned Executed by Notre Dame University of. Jacob J Lew served on 12/9/2013, answer due 2/7/2014; Thomas Perez served on 12/9/2013, answer due 2/7/2014. (Kilmartin, Alison) (Entered: 01/10/2014)

Jan. 10, 2014

Jan. 10, 2014

PACER
61

SUMMONS Returned Executed by Notre Dame University of. US Department of Labor served on 12/11/2013, answer due 2/10/2014. (Kilmartin, Alison) (Entered: 01/10/2014)

Jan. 10, 2014

Jan. 10, 2014

PACER
62

SUMMONS Returned Executed by Notre Dame University of. US Department of the Treasury served on 12/13/2013, answer due 2/11/2014. (Kilmartin, Alison) (Entered: 01/10/2014)

Jan. 10, 2014

Jan. 10, 2014

PACER
64

Transmitted Record on Appeal (1 volume of Pldgs. and 1 volume of a Transcript - both sent via Email) to US Court of Appeals re 43 Notice of Interlocutory Appeal. (lyb) (Entered: 01/13/2014)

Jan. 13, 2014

Jan. 13, 2014

PACER
65

NOTICE of Docketing Record on Appeal (1 volume electronically) from USCA re 43 Notice of Interlocutory Appeal filed by Notre Dame University of. (Attachments: # 1 Receipt for transcript on 1/15/14)(smp) (Entered: 01/16/2014)

1 Receipt for transcript on 1/15/14

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Jan. 15, 2014

Jan. 15, 2014

PACER
66

MANDATE of USCA as to 43 Notice of Interlocutory Appeal filed by Notre Dame University of AFFIRMING the judgment of the District Court (Attachments: # 1 USCA Certified Opinion, # 2 USCA Certified Final Judgment)(smp) (Entered: 05/20/2014)

1 USCA Certified Opinion

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2 USCA Certified Final Judgment

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May 15, 2014

May 15, 2014

PACER
67

NOTICE of Appearance by Jacek Pruski on behalf of All Defendants (Pruski, Jacek) (Entered: 05/28/2014)

May 28, 2014

May 28, 2014

PACER
68

MOTION to Withdraw as Attorney Michael C. Pollack by Defendants Jacob J Lew, Thomas Perez, Kathleen Sebelius, US Department of Health and Human Services, US Department of Labor, US Department of the Treasury. (Pollack, Michael) (Entered: 06/09/2014)

June 9, 2014

June 9, 2014

PACER
69

ORDER granting 68 Motion to Withdraw as Attorney. Attorney Michael C Pollack terminated. Signed by Magistrate Judge Christopher A Nuechterlein on 6/10/14. (slm) (Entered: 06/10/2014)

June 10, 2014

June 10, 2014

PACER
70

STATUS REPORT Of The Parties by Notre Dame University of. (Kairis, Matthew) (Entered: 06/18/2014)

June 18, 2014

June 18, 2014

PACER
71

ORDER continuing STAY 70 Status Report filed by Notre Dame University of. The parties are therefore ORDERED to promptly notify this Court when either a decision is made not to seek a writ of certiorari or when the Supreme Court proceedings are complete by filing a status report requesting a lift of the stay and proposing an appropriate schedule for an answer or other pleading responsive to the complaint, as well as for briefing on the pending motion to intervene. Signed by Chief Judge Philip P Simon on 6/20/2014. (rmc) (Entered: 06/23/2014)

June 20, 2014

June 20, 2014

PACER
72

ORDER re 50 MOTION to Proceed Anonymously filed by Jane Does 1 - 3, 33 MOTION to Intervene filed by Jane Does 1 - 3. It is ORDERED: Because the case is stayed indefinitely, these motions are VACATED, SUBJECT TO REVIVAL when the stay ends. The stay order requires the parties to file a status report when proceedings before the Supreme Court terminate or if the plaintiff decides not to petition the Supreme Court. The parties are HEREBY FURTHER ORDERED to note in the status report that, with the lift of the stay, the intervenors motions (DE 33, 50) should be revived, or to show cause why that is not the case. Signed by Chief Judge Philip P Simon on 7/11/2014. (rmc) (Entered: 07/14/2014)

July 11, 2014

July 11, 2014

PACER
73

(INCORRECT ENTRY - DOCKETED UNDER THE WRONG CASE NUMBER) ORDER FOR SETTLEMENT CONFERENCE: Settlement Conference set for 9/3/2014 at 1:00 PM in US District Court - Fort Wayne before Magistrate Judge Roger B Cosbey. To assist the court and to facilitate the conduct of the settlement conference, lead counsel for each side shall submit via e-mail to cosbey_chambers@innd.uscourts.gov, a "Confidential Statement of the Case" on or before the end of the business day on August 29, 2014. Signed by Magistrate Judge Roger B Cosbey on 7/14/2014. (rmc) Modified on 7/17/2014 (mc). (Entered: 07/14/2014)

July 14, 2014

July 14, 2014

PACER

***Deadlines/Hearings terminated. (rmc)

July 22, 2014

July 22, 2014

PACER
74

MANDATE of USCA Mandate is issued dismissing appellee Jane Doe 1; appellee Jane Doe 2. Record to be retained for use in remainder of this appeal. (Attachments: # 1 certified order)(kds) (Entered: 04/23/2015)

1 certified order

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April 17, 2015

April 17, 2015

PACER
75

NOTICE of Appearance by Julie Saltman AUSA on behalf of All Defendants (Saltman AUSA, Julie) (Entered: 06/09/2015)

June 9, 2015

June 9, 2015

PACER
76

MANDATE of USCA - The decision of the district court is AFFIRMED. No record to be returned. (Attachments: # 1 certified order denying rehearing, # 2 certified opinion)(kds) Modified on 8/5/2015 to correct text (jld). (Additional attachment(s) added on 8/10/2015: # 3 Certified Final Judgment) (jld). (Entered: 08/05/2015)

1 certified order denying rehearing

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2 certified opinion

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3 Certified Final Judgment

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Aug. 3, 2015

Aug. 3, 2015

PACER
77

MOTION to Withdraw as Attorney by Plaintiff Notre Dame University of. (Kilmartin, Alison) (Entered: 09/16/2015)

Sept. 16, 2015

Sept. 16, 2015

PACER
78

ORDER granting 77 Motion to Withdraw as Attorney. Attorney Alison M Kilmartin terminated.Approved by Magistrate Judge Christopher A Nuechterlein on 9/17/15. (slm) (Entered: 09/17/2015)

Sept. 17, 2015

Sept. 17, 2015

PACER
79

CIRCUIT RULE 54 NOTICE of USCA: The Supreme Court remanded this case to the Circuit Court for further proceedings. Circuit Rule 54 requires that counsel for the parties file statements of their positions as to the action which ought to be taken by this Court on remand. (jld) (Entered: 06/20/2016)

June 17, 2016

June 17, 2016

PACER
80

ORDER of USCA as to 43 Notice of Interlocutory Appeal filed by Notre Dame University of. Upon consideration of the Intervenor-Appellees Motion To Add Ann Doe as Pseudonymous Intervenor, filed on July 8, 2016, by AttorneyRichard B. Katskee, IT IS ORDERED that the motion is GRANTED. Ann Doe shall be added as an intervenor-appellee and is permitted to proceed under the pseudonym Ann Doe.(jld) (Entered: 07/15/2016)

July 13, 2016

July 13, 2016

PACER

Magistrate Judge Michael G Gotsch, Sr added. Magistrate Judge Christopher A Nuechterlein no longer assigned to case. (slm)

Aug. 17, 2016

Aug. 17, 2016

PACER
81

MOTION to Withdraw as Attorney (Melissa D. Palmisciano) by Plaintiff Notre Dame University of. (Palmisciano, Melissa) (Entered: 09/29/2016)

Sept. 29, 2016

Sept. 29, 2016

PACER
82

ORDER granting 81 Motion to Withdraw as Attorney. Attorney Melissa D Palmisciano terminated. Approved by Magistrate Judge Michael G Gotsch, Sr on 9/29/16. (slm) (Entered: 09/29/2016)

Sept. 29, 2016

Sept. 29, 2016

PACER
83

ORDER: The clerk of court is DIRECTED to STATISTICALLY CLOSE this case. Within 90 days of the conclusion of the appeal, the parties are ORDERED to file a status report detailing the disposition of the appeal and proposing an appropriate schedule for resumption of these pleadings. ***Civil Case Terminated. Signed by Judge Philip P Simon on 3/2/2017. (jld) (Entered: 03/03/2017)

March 2, 2017

March 2, 2017

PACER
84

MANDATE of USCA as to 43 Notice of Interlocutory Appeal filed by Notre Dame: Upon consideration of the JOINT STIPULATION OF DISMISSAL OF APPEAL, filed on October 16, 2017, by counsel for the parties, IT IS ORDERED that this appeal is DISMISSED pursuant to Federal Rule of Appellate Procedure 42(b). (No records to be returned) (Attachments: # 1 Certified Final Order)(nae) (Entered: 10/17/2017)

1 Certified Final Order

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Oct. 17, 2017

Oct. 17, 2017

PACER
85

NOTICE of Voluntary Dismissal by All Plaintiffs (Kairis, Matthew) (Entered: 10/19/2017)

Oct. 19, 2017

Oct. 19, 2017

RECAP
86

ORDER: The complaint is DISMISSED WITHOUT PREJUDICE re 85 Notice of Dismissal pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(i). Signed by Judge Philip P Simon on 10/24/2017. (tc) (Entered: 10/24/2017)

Oct. 24, 2017

Oct. 24, 2017

RECAP

Case Details

State / Territory: Indiana

Case Type(s):

Speech and Religious Freedom

Special Collection(s):

Contraception Insurance Mandate

Key Dates

Filing Date: Dec. 3, 2013

Closing Date: 2017

Case Ongoing: No

Plaintiffs

Plaintiff Description:

A non-profit, religious university.

Plaintiff Type(s):

Non-profit religious organization

Public Interest Lawyer: No

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):

Freedom of speech/association

Free Exercise Clause

Establishment Clause

Equal Protection

Availably Documents:

Trial Court Docket

Complaint (any)

Any published opinion

Outcome

Prevailing Party: Plaintiff

Source of Relief:

Settlement

Form of Settlement:

Voluntary Dismissal

Content of Injunction:

Preliminary relief denied

Issues

General:

Abortion

Contraception

Discrimination-basis:

Religion discrimination

Type of Facility:

Non-government non-profit