Case: Dordt College v. Sebelius

5:13-cv-04100 | U.S. District Court for the Northern District of Iowa

Filed Date: Oct. 23, 2013

Closed Date: June 12, 2018

Clearinghouse coding complete

Case Summary

On October 23, 2013, a non-profit organization filed a lawsuit in the U.S. District Court for the Northern District of Iowa 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 plaintiff, represented by the Alliance Defending Freedom, asked the court to rule that the Affordable Care Act's (ACA) contraception insurance mandate, even with the accommodation for non-profit religious or…

On October 23, 2013, a non-profit organization filed a lawsuit in the U.S. District Court for the Northern District of Iowa 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 plaintiff, represented by the Alliance Defending Freedom, asked the court to rule that the Affordable Care Act's (ACA) contraception insurance mandate, even with the accommodation for non-profit religious organizations, was unconstitutional. Specifically, the plaintiff asked for a permanent injunction keeping the government from enforcing the contraception insurance mandate against the organization and other similarly situated religious non-profits.

On January 10, 2014, the defendant filed a motion to dismiss, or, in the alternative, for summary judgment 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 May 21, 2014, the District Court granted the plaintiffs preliminary injunctive relief on the basis that the plaintiffs had shown they were sufficiently likely to succeed on their merits, when considering the Eighth Circuit had twice granted injunctions pending appeal to similarly situated plaintiffs challenging the mandate. 22 F. Supp. 3d 934.

On July 18, 2014, defendants filed notice to appeal the preliminary injunction.

On September 17, 2015, the Eighth Circuit issued an opinion affirming the District Court's injunctive relief for the plaintiff. The Court accepted the the plaintiff's argument that they would be forced to violate their religious beliefs by complying with either the contraceptive mandate or the accommodation process or to incur severe monetary penalties for refusing to comply. The court argued that the current accommodation process was not the least restrictive means of furthering the government's interests and that the plaintiffs would be substantially likely to succeed on the merits of their claim that the mandate and accommodation process substantially burdened their exercise of religion in violation of RFRA. 801 F.3d 946.

On November 24, 2015, the parties jointly moved to stay proceedings pending Supreme Court review of related cases. The parties stated that the Supreme Court had recently granted review in seven other cases "raising substantially similar Religious Freedom Restoration Act challenges to the same regulations that Plaintiffs challenge in this case." The parties further indicated that the government may seek review of this decision as well. In addition, the government may decide to seek review of the Eighth Circuit’s September 17, 2015 decision. The court granted the stay on November 30.

The government moved for review in the Supreme Court on December 15, 2015, which the court granted on May 16, 2016. In that order, the Supreme Court vacated and remanded the case in light of Zubik v. Burwell, in which the Supreme Court vacated and remanded the lower court rulings in the various consolidated cases. Without ruling on the merits, the Supreme Court directed the parties to attempt to resolve their conflict as both sides had indicated a mutually beneficial resolution was possible.

On June 12, 2018, the Court granted the plaintiffs permanent injunctive relief from compliance with the provisions of the ACA mandate that conflicted with their religious beliefs after defendants, the Department of Health and Human Services, conceded that these provisions violated the Religious Freedom Restoration Act.

Summary Authors

Mallory Jones (3/15/2014)

Maria Ricaurte (10/11/2015)

Virginia Weeks (10/9/2017)

Dan Toubman (3/22/2020)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/5348226/parties/dordt-college-v-azar-ii/


Judge(s)

Bennett, Mark W. (Iowa)

Benton, William Duane (Missouri)

Colloton, Steven M. (Iowa)

Sotomayor, Sonia (District of Columbia)

Strand, Leonard Terry (Iowa)

Wollman, Roger Leland (South Dakota)

Attorneys(s) for Plaintiff

Baylor, Gregory S. (District of Columbia)

Bos, Carole D. (Michigan)

Bowman, Matthew S. (District of Columbia)

Cortman, David A. (Georgia)

Judge(s)

Bennett, Mark W. (Iowa)

Benton, William Duane (Missouri)

Colloton, Steven M. (Iowa)

Sotomayor, Sonia (District of Columbia)

Strand, Leonard Terry (Iowa)

Wollman, Roger Leland (South Dakota)

Attorneys(s) for Plaintiff

Baylor, Gregory S. (District of Columbia)

Bos, Carole D. (Michigan)

Bowman, Matthew S. (District of Columbia)

Cortman, David A. (Georgia)

Dykstra, Daniel D. (Iowa)

Theriot, Kevin H. (Kansas)

Wright, Jeff W. (Iowa)

Attorneys(s) for Defendant

Berry, Sean (District of Columbia)

Delery, Stuart F. (District of Columbia)

Lee, Jennifer (New York)

Lieber, Sheila M. (District of Columbia)

Newton, Emily Sue (District of Columbia)

Pollack, Michael Charles (District of Columbia)

Saltman, Julie Shana (District of Columbia)

Other Attorney(s)

Amiri, Brigitte A. (New York)

Austen, Rita Bettis (Iowa)

Dewart, Deborah Jane (North Carolina)

Mach, Daniel (District of Columbia)

Schreurs, Micah (Iowa)

Wilson, Randall C. (Iowa)

Expert/Monitor/Master

Ricketts, Jennifer (District of Columbia)

Documents in the Clearinghouse

Document

Docket [PACER]

Dordt College v. Azar II

June 14, 2018 Docket
1

Complaint

Oct. 23, 2013 Complaint
11

Brief in Support of Defendant's Motion to Dismiss

Jan. 10, 2014 Pleading / Motion / Brief
12

Defendants' Motion to Dismiss or, in the alternative, for Summary Judgment; Defendants' Statement of Material Facts in Support of; Defendants' Memorandum in Support of

Jan. 10, 2014 Pleading / Motion / Brief
22

Brief of Amici Curae American Civil Liberties Union and American Civil Liberties Union of Iowa in support of Defendants' Motion to Dismiss or, In the Alternative, for Summary Judgment

Jan. 21, 2014 Pleading / Motion / Brief
35

Plaintiffs' Opposition to Defendants' Motion to Dismiss or, in the Alternative, for Summary Judgment; Plaintiffs' Response to Defendants' Statement of Material Facts

Feb. 7, 2014 Pleading / Motion / Brief
46

Order for Injunctive Relief

22 F.Supp.3d 934

May 21, 2014 Order/Opinion

Opinion - 8th Circuit

U. S. Court of Appeals for the Eighth Circuit

801 F.3d 946, 2015 WL 5449504

Sept. 17, 2015 Order/Opinion

Opinion [Supreme Court]

Burwell v. Dordt College

Supreme Court of the United States

136 S.Ct. 2006

May 16, 2016 Order/Opinion
85

Order on Plaintiffs' Motion for Permanent Injunction and Declaratory Relief and Permanent Injunction and Declaration

Dordt v. Azar II

June 12, 2018 Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/5348226/dordt-college-v-azar-ii/

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

ECF Number Description Date Link
1

COMPLAINT against All Defendants ( Filing fee $ 400 receipt number 0862-1688068.), filed by Cornerstone University, Dordt College. Scheduling Report due by 3/5/2014 (Attachments: # 1 Civil Cover Sheet) (Wright, Jeff) (Entered: 10/23/2013)

1 Civil Cover Sheet

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Oct. 23, 2013 PACER

Judge Mark W Bennett and Magistrate Judge Leonard T Strand added. Clerk checked for conflicts as to parties and attorneys - none found. Verified $400 Filing fee with IPM Report. (des)

Oct. 24, 2013 PACER
2

Summons Issued as to All Defendants. ****PLEASE MAKE COPIES OF SUMMONS FOR EACH DEFENDANT AND FILL IN REMAINING INFORMATION**** (Attachments: # 1 Civil Cases new case packet) (des) (Entered: 10/24/2013)

1 Civil Cases new case packet

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Oct. 24, 2013 PACER
3

PURSUANT to Local Rule 7.1 Disclosure Statement by Cornerstone University, Dordt College (Wright, Jeff) (Entered: 10/24/2013)

Oct. 24, 2013 PACER
4

NOTICE of Appearance by Jeff W Wright on behalf of Cornerstone University, Dordt College (Wright, Jeff) (Entered: 10/24/2013)

Oct. 24, 2013 PACER
5

MOTION for Leave to Appear Pro Hac Vice by attorney Gregory Baylor (Pro Hac Vice Fee $ 75 receipt number 0862-1691084) by Plaintiffs Cornerstone University, Dordt College (Baylor, Gregory) Modified text on 10/30/2013 (kfs) (Entered: 10/29/2013)

Oct. 29, 2013 PACER
6

ORDER: Granting 5 Motion for Leave to Appear Pro Hac Vice filed by attorney Gregory S Baylor as to Plaintiffs Dordt College and Cornerstone University. Signed by Clerk on 10/30/13. (kfs) (Entered: 10/30/2013)

Oct. 30, 2013 PACER
7

NOTICE of Appearance by Gregory Scott Baylor on behalf of All Plaintiffs (Baylor, Gregory) (Entered: 10/30/2013)

Oct. 30, 2013 PACER
8

AFFIDAVIT OF SERVICE by Cornerstone University, Dordt College on All Government Defendants (Baylor, Gregory) Modified text on 11/1/2013 (des). (Entered: 10/31/2013)

Oct. 31, 2013 PACER
9

UNRESISTED Motion for Extension of Time to Respond to the Complaint by Defendants Jack Lew, Thomas Perez, Kathleen Sebelius, United States Department of Health and Human Services, United States Department of Labor, United States Department of the Treasury (Attachments: # 1 Text of Proposed Order) (Pollack, Michael) (Entered: 12/12/2013)

1 Text of Proposed Order

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Dec. 12, 2013 PACER
10

ORDER granting 9 Motion for Extension of Time to Respond to 1 Complaint filed by United States Department of the Treasury, Kathleen Sebelius, United States Department of Health and Human Services, Thomas Perez, United States Department of Labor, Jack Lew. The deadline is extended to 1/13/2014. Signed by Magistrate Judge Leonard T Strand on 12/12/2013. (des) (Entered: 12/12/2013)

Dec. 12, 2013 PACER
11

NOTICE of Filing of Certified Administrative Record by Jack Lew, Thomas Perez, Kathleen Sebelius, United States Department of Health and Human Services, United States Department of Labor, United States Department of the Treasury (Attachments: # 1 Exhibit Certification of the Record, # 2 Exhibit Record Index) (Pollack, Michael) Modified text on 1/13/2014 (des). (Entered: 01/10/2014)

1 Exhibit Certification of the Record

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2 Exhibit Record Index

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Jan. 10, 2014 PACER
12

MOTION to Dismiss for Failure to State a Claim (Responses due by 1/27/2014, or in the alternative, MOTION for Summary Judgment (Responses due by 2/3/2014) by Defendants Jack Lew, Thomas Perez, Kathleen Sebelius, United States Department of Health and Human Services, United States Department of Labor, United States Department of the Treasury (Attachments: # 1 Statement of Material Facts, # 2 Appendix) (Pollack, Michael) Modified text on 1/13/2014 (des). (Additional attachment(s) added on 1/13/2014 pursuant to 14 Order: # 3 Brief) (des). (Entered: 01/10/2014)

1 Statement of Material Facts

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2 Appendix

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3 Brief

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Jan. 10, 2014 PACER
13

UNRESISTED Motion for Leave to File Overlength Brief in Support of 12 Motion to Dismiss or, in the alternative, for Summary Judgment by Defendants Jack Lew, Thomas Perez, Kathleen Sebelius, United States Department of Health and Human Services, United States Department of Labor, United States Department of the Treasury (Attachments: # 1 Brief) (Pollack, Michael) (Entered: 01/10/2014)

1 Brief

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Jan. 10, 2014 PACER

DOCKET Annotation re 11 Notice of Filing Certified Administrative Record and 12 MOTION to Dismiss MOTION to Dismiss for Failure to State a Claim, or in the alternative MOTION for Summary Judgment : A hard copy of the Appendix from 12 Motion to Dismiss, along with 2 sets of 3 CD's containing the 11 Administrative Record received in clerk's office. Appendix and 1 set of CD's forwarded to MWB chambers. The additional set of 3 CD's containing the 11 Administrative Record housed in clerk's office. (djs)

Jan. 13, 2014 PACER
14

ORDER granting 13 Unresisted Motion for Leave to File Overlength Brief in Support of 12 Motion to Dismiss or in the Alternative for Summary Judgment. The clerk shall detach and file Defendants' brief with Defendants' Motion to Dismiss or in the Alternative for Summary Judgment. Signed by Judge Mark W Bennett on 1/13/2014. (Clerk has attached brief to 12 Motion to Dismiss or in the Alternative for Summary Judgment) (des) (Entered: 01/13/2014)

Jan. 13, 2014 PACER
15

NOTICE of Appearance by Randall C Wilson on behalf of ACLU of Iowa, American Civil Liberties Union. (Wilson, Randall) (Entered: 01/14/2014)

Jan. 14, 2014 PACER
16

MOTION for Leave to File Brief of Amici by Amicus Parties ACLU of Iowa, American Civil Liberties Union (Attachments: # 1 Brief of Proposed Amici ACLU & ACLU of Iowa) (Wilson, Randall) (Entered: 01/14/2014)

1 Brief of Proposed Amici ACLU & ACLU of Iowa

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Jan. 14, 2014 PACER
17

MOTION for Leave to Appear Pro Hac Vice for Attorney Brigitte Amiri (Pro Hac Vice Fee $75 - Receipt Number 0862-1730778) filed by Amicus Parties ACLU of Iowa and American Civil Liberties Union (Attachment: # 1 Declaration Certificate of Good Standing) (Wilson, Randall) Modified text on 01/15/2014 (kfs) (Entered: 01/15/2014)

1 Declaration Certificate of Good Standing

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Jan. 15, 2014 PACER
18

MOTION for Leave to Appear Pro Hac Vice for attorney Daniel Mach (Pro Hac Vice Fee $75 - Receipt Number 0862-1730787) filed by Amicus Parties ACLU of Iowa and American Civil Liberties Union (Attachment # 1 Declaration) (Wilson, Randall) Modified text on 01/15/2014 (kfs) (Entered: 01/15/2014)

1 Declaration

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Jan. 15, 2014 PACER
19

MOTION for Leave to Appear Pro Hac Vice for attorney Jennifer Lee (Pro Hac Vice Fee $75 - Receipt number 0862-1730798) filed by Amicus Parties ACLU of Iowa and American Civil Liberties Union (Attachment: # 1 Declaration Certificate of Good Standing) (Wilson, Randall) Modified text on 01/15/2014 (kfs) (Entered: 01/15/2014)

1 Declaration Certificate of Good Standing

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Jan. 15, 2014 PACER
20

ORDER: Granting 17 Motion for Leave to Appear Pro Hac Vice as to attorney Brigitte Amiri, 18 Motion for Leave to Appear Pro Hac Vice as to attorney Daniel Mach and 19 Motion for Leave to Appear Pro Hac Vice as to attorney Jennifer Lee for Amicus ACLU of Iowa and Americal Civil Liberties Union. Signed by Clerk on 01/15/14. (kfs) (Entered: 01/15/2014)

Jan. 15, 2014 PACER
21

ORDER granting 16 Motion for Leave to File Amicus Curiae Brief. The Clerk shall detach and separately file the ACLU's amicus curiae brief. Signed by Judge Mark W Bennett on 1/21/14. (djs) (Entered: 01/21/2014)

Jan. 21, 2014 PACER
22

BRIEF of Amici Curiae in Support of 12 MOTION to Dismiss For Failure to State a Claim or in the alternative MOTION for Summary Judgment filed by ACLU of Iowa, American Civil Liberties Union. Filed by Clerk pursuant to Order at 21 . (djs) (Entered: 01/21/2014)

Jan. 21, 2014 PACER
23

UNRESISTED Motion for Extension of Time to File Response in Opposition to Defendants' Motion to Dismiss by Plaintiffs Cornerstone University, Dordt College (Baylor, Gregory) (Entered: 01/21/2014)

Jan. 21, 2014 PACER
24

ORDER: Granting 23 Motion for Extension of Time to File Response to 12 Motion to Dismiss, or in the Alternative for Summary Judgment: Response ddl 02/07/2014. Signed by Judge Mark W Bennett on 01/21/14. (kfs) (Entered: 01/21/2014)

Jan. 21, 2014 PACER
25

Joint MOTION for Extension of Time /Vacate L.R.16(a) Deadline for Proposed Scheduling Order and Discovery Plan by Plaintiffs Cornerstone University, Dordt College (Baylor, Gregory) (Entered: 02/05/2014)

Feb. 5, 2014 PACER
26

ORDER: Granting 25 Motion to Vacate Deadlines for Compliance with LR 16(a) and LR 26(d) Obligations. Signed by Magistrate Judge Leonard T Strand on 02/06/14. (kfs) (Entered: 02/06/2014)

Feb. 6, 2014 PACER
27

NOTICE of Appearance by Micah Schreurs on behalf of Liberty, Life, and Law Foundation. (Schreurs, Micah) (Entered: 02/06/2014)

Feb. 6, 2014 PACER
28

MOTION for Leave to Appear Pro Hac Vice for Attorney Deborah J. Dewart on behalf of Amicus Party Liberty, Life, and Law Foundation ( Pro Hac Vice Fee $ 75 receipt number 0862-1744555) by Liberty, Life, and Law Foundation (Attachments: # 1 Certificate of Good Standing) (Schreurs, Micah) Modified text on 2/6/2014 (djs). (Entered: 02/06/2014)

1 Certificate of Good Standing

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Feb. 6, 2014 PACER
29

MOTION for Leave to File Overlength Brief by Amicus Party Liberty, Life, and Law Foundation (Attachments: # 1 Brief) (Schreurs, Micah) Modified text on 2/6/2014 (djs). (Entered: 02/06/2014)

1 Brief

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Feb. 6, 2014 PACER
30

ORDER granting 28 Motion for Leave to Appear Pro Hac Vice of Deborah J Dewart on behalf of Amicus Liberty, Life and Law Foundation. Signed by Clerk on 2/6/14. (djs) (Entered: 02/06/2014)

Feb. 6, 2014 PACER
31

ORDER granting 29 Motion for Leave to File Overlength Amicus Curiae Brief. The Clerk shall detach and separately file Liberty, Life and Law Foundation's amicus curiae brief (docket no 29-1). Signed by Judge Mark W Bennett on 2/6/14. (djs) (Entered: 02/06/2014)

Feb. 6, 2014 PACER
32

BRIEF of Amicus Curiae in Opposition to 12 MOTION to Dismiss For Failure to State a Claim or in the alternative MOTION for Summary Judgment filed by Liberty, Life, and Law Foundation. Filed by Clerk pursuant to Order at 31 . (djs) (Entered: 02/06/2014)

Feb. 6, 2014 PACER
33

UNRESISTED Motion for Leave to File Overlength Brief in Opposition to Defendants' 12 Motion to Dismiss, or in the Alternative, for Summary Judgment by Plaintiffs Cornerstone University, Dordt College (Attachments: # 1 Brief in Opposition, # 2 Plaintiffs' Response to Defendants' Statement of Material Facts) (Baylor, Gregory) Modified link on 2/7/2014 (des). (Entered: 02/07/2014)

1 Brief in Opposition

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2 Plaintiffs' Response to Defendants' Statement of Material Facts

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Feb. 7, 2014 PACER
34

ORDER granting 33 Unresisted Motion for Leave to File Overlength Brief in Opposition to 12 Motion to Dismiss, or in the Alternative, for Summary Judgment by Plaintiffs Cornerstone University, Dordt College. Clerk shall detach and file brief and response to statement of material facts together under a new docket entry. Signed by Judge Mark W Bennett on 2/7/2014. (des) (Entered: 02/07/2014)

Feb. 7, 2014 PACER
35

BRIEF in Opposition to 12 MOTION to Dismiss For Failure to State a Claim or in the alternative MOTION for Summary Judgment filed by Cornerstone University, Dordt College. (Attachments: # 1 Response to Statement of Material Facts) (filed by clerk pursuant to 34 Order) (des) (Entered: 02/07/2014)

1 Response to Statement of Material Facts

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Feb. 7, 2014 PACER
36

MOTION for Leave to Appear Pro Hac Vice for Attorney Kevin H. Theriot ( Pro Hac Vice Fee $ 75 receipt number 0862-1746402) by Plaintiffs Cornerstone University, Dordt College (Theriot, Kevin) Modified filers and text on 2/11/2014 (des). (Entered: 02/10/2014)

Feb. 10, 2014 PACER
37

MOTION for Leave to Appear Pro Hac Vice for Attorney Matthew S. Bowman ( Pro Hac Vice Fee $ 75 receipt number 0862-1746503) by Plaintiffs Cornerstone University, Dordt College (Attachments: # 1 Certificate of Good Standing) (Bowman, Matthew) (Entered: 02/10/2014)

1 Certificate of Good Standing

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Feb. 10, 2014 PACER
38

MOTION for Leave to Appear Pro Hac Vice for Attorney David A. Cortman ( Pro Hac Vice Fee $ 75 receipt number 0862-1746649) by Plaintiffs Cornerstone University, Dordt College (Attachments: # 1 Certificate of Good Standing) (Cortman, David) (Entered: 02/10/2014)

1 Certificate of Good Standing

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Feb. 10, 2014 PACER
39

ORDER Granting 36, 37, and 38 Motions for Leave to Appear Pro Hac Vice. Attorneys Kevin H Theriot, Matthew S Bowman, and David A Cortman are admitted on behalf of Plaintiffs Cornerstone University and Dordt College. Signed by Clerk on 2/11/2014. (des) (Entered: 02/11/2014)

Feb. 11, 2014 PACER
40

NOTICE of Supplemental Authority by Jack Lew, Thomas Perez, Kathleen Sebelius, United States Department of Health and Human Services, United States Department of Labor, United States Department of the Treasury re 12 MOTION to Dismiss, or in the alternative MOTION for Summary Judgment (Attachments: # 1 Exhibit Univ. of Notre Dame v. Sebelius (Seventh Circuit Opinion)) (Pollack, Michael) Modified text on 2/25/2014 (des). (Entered: 02/24/2014)

1 Exhibit Univ. of Notre Dame v. Sebelius (Seventh Circuit Opinion)

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Feb. 24, 2014 PACER
41

MOTION for Leave to Appear Pro Hac Vice for Attorney Carole D. Boss ( Pro Hac Vice Fee $ 75 receipt number 0862-1763041) by Plaintiffs Cornerstone University, Dordt College (Attachments: # 1 Certificate of Good Standing) (Bos, Carole) (Entered: 03/11/2014)

1 Certificate of Good Standing

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March 11, 2014 PACER
42

ORDER: Granting 41 Motion for Leave to Appear Pro Hac Vice by attorney Carole Bos for Plaintiffs Dordt College and Cornerstone University. Signed by Clerk on 03/11/14. (kfs) (Entered: 03/11/2014)

March 11, 2014 PACER
43

STATUS Order re 12 Motion to Dismiss or in the Alternative Motion for Summary Judgment. In the interest of judicial efficiency, I will wait until I have the benefit of the Supreme Courts rulings in Hobby Lobby and Conestoga before ruling on Defendants motion here. Signed by Judge Mark W Bennett on 4/18/2014. (des) (Entered: 04/18/2014)

April 18, 2014 PACER
44

MOTION for Preliminary Injunction by Plaintiffs Cornerstone University, Dordt College (Attachments: # 1 Brief Supporting Plaintiffs' Motion for Preliminary Injunction, # 2 Exhibit Employee Declarations) (Baylor, Gregory) (Entered: 05/06/2014)

1 Brief Supporting Plaintiffs' Motion for Preliminary Injunction

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2 Exhibit Employee Declarations

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May 6, 2014 PACER

DOCKET Annotation re 44 MOTION for Preliminary Injunction . Tabbed and bound hard copy received in Clerk's office and provided to MWB chambers. (src)

May 9, 2014 PACER
45

BRIEF in Opposition re 44 MOTION for Preliminary Injunction filed by Jack Lew, Thomas Perez, Kathleen Sebelius, United States Department of Health and Human Services, United States Department of Labor, United States Department of the Treasury. (Pollack, Michael) (Entered: 05/20/2014)

May 20, 2014 PACER
46

ORDER granting 44 Motion for Preliminary Injunction. See text of order for details. Signed by Judge Mark W Bennett on 5/21/14. (djs) (Entered: 05/21/2014)

May 21, 2014 RECAP
47

NOTICE of Appearance by Julie Shana Saltman on behalf of Jack Lew, Thomas Perez, Kathleen Sebelius, United States Department of Health and Human Services, United States Department of Labor, United States Department of the Treasury. Withdrawal of Michael Charles Pollack. (Saltman, Julie) (Entered: 06/10/2014)

June 10, 2014 PACER
48

NOTICE of Supplemental Authority by Jack Lew, Thomas Perez, Kathleen Sebelius, United States Department of Health and Human Services, United States Department of Labor, United States Department of the Treasury re 12 MOTION to Dismiss For Failure to State a Claim or in the alternative MOTION for Summary Judgment (Attachments: # 1 Exhibit 1) (Saltman, Julie) Modified text on 6/18/2014 (des). (Entered: 06/17/2014)

1 Exhibit 1

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June 17, 2014 PACER
49

NOTICE of Appeal as to 46 Order on Motion for Preliminary Injunction by Jack Lew, Thomas Perez, Kathleen Sebelius, United States Department of Health and Human Services, United States Department of Labor, United States Department of the Treasury. (Saltman, Julie) (Entered: 07/18/2014)

July 18, 2014 PACER
50

NOA Supplement and Transmission of Notice of Appeal to US Court of Appeals re 49 Notice of Appeal. Case Number due by 7/24/2014. (des) (Entered: 07/21/2014)

July 21, 2014 PACER
51

USCA Case Number 14-2726 for 49 Notice of Appeal (Attachment # 1 8CC Correspondence) (kfs) (Entered: 07/23/2014)

1 8CC Correspondence

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July 23, 2014 PACER
52

ORDER reserving ruling re 12 MOTION to Dismiss For Failure to State a Claim or in the alternative MOTION for Summary Judgment filed by United States Department of the Treasury, Kathleen Sebelius, United States Department of Health and Human Services, Thomas Perez, United States Department of Labor, Jack Lew. Parties directed to file supplemental briefs by 10/29/2014 (See Order Text). Signed by Judge Mark W Bennett on 9/29/2014. (des) (Entered: 09/29/2014)

Sept. 29, 2014 PACER
53

MOTION to Stay Due to Pending Appeal Unopposed by Defendants Jack Lew, Thomas Perez, Kathleen Sebelius, United States Department of Health and Human Services, United States Department of Labor, United States Department of the Treasury (Attachments: # 1 Text of Proposed Order) (Saltman, Julie) (Entered: 10/22/2014)

1 Text of Proposed Order

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Oct. 22, 2014 PACER
54

ORDER granting 53 Motion to Stay. This case is stayed pending the USCA decision. Once the appeal has concluded, the parties shall file a status report within 15 days. Signed by Judge Mark W Bennett on 10/27/2014. (des) (Entered: 10/27/2014)

Oct. 27, 2014 RECAP
55

OPINION of USCA as to 49 Notice of Appeal: Affirming the decision of the District Court (Attachments: # 1 8CC Correspondence # 2 8CC Correspondence 2)(kfs) (Entered: 09/17/2015)

1 8CC Correspondence

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2 8CC Correspondence 2

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Sept. 17, 2015 RECAP
56

VACATED PER 64 ORDER: JUDGMENT of USCA as to 49 Notice of Appeal: Affirming the decision of the District Court (kfs) Modified text on 06/22/2016 (kfs) (Entered: 09/17/2015)

Sept. 17, 2015 PACER
57

RECALLED PER 64 ORDER: MANDATE of USCA as to 49 Notice of Appeal RE: 55 Opinion and 56 Judgment: The formal mandate is hereby issued in the above-styled matter (kfs) Modified text on 06/22/2016 (kfs) (Entered: 11/09/2015)

Nov. 9, 2015 PACER

Set Deadline: Parties' Status Report due by 11/24/2015: Action taken pursuant to 54 Order and 57 Mandate (kfs)

Nov. 9, 2015 PACER
58

Joint MOTION to Stay re Set/Reset Deadlines and Joint Status Report by Defendants Jack Lew, Thomas Perez, Kathleen Sebelius, United States Department of Health and Human Services, United States Department of Labor, United States Department of the Treasury (Attachments: # 1 Text of Proposed Order) (Saltman, Julie) (Entered: 11/24/2015)

1 Text of Proposed Order

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Nov. 24, 2015 PACER
59

ORDER granting 58 Joint Motion to Extend Stay of Proceedings pending the Supreme Courts decision in Little Sisters of the Poor v Burwell. Once that decision is issued, the parties shall file a status report within 15 days. Signed by Judge Mark W Bennett on 11/30/2015. (des) (Entered: 11/30/2015)

Nov. 30, 2015 PACER
60

WRIT of Certiorari Filed by US Supreme Court as to 49 Notice of Appeal: Supreme Court Case No 15-774 (Attachment # 1 Supreme Court Letter) (kfs) (Entered: 01/05/2016)

1 Supreme Court Letter

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Jan. 5, 2016 PACER

Case reassigned to Magistrate Judge CJ Williams: Magistrate Judge Leonard T Strand no longer assigned to the case: No conflicts identified (kfs)

Feb. 18, 2016 PACER
61

WRIT of Certiorari Granted by US Supreme Court RE: 49 Notice of Appeal(Attachment # 1 Supreme Court Letter) (kfs) (Entered: 05/17/2016)

1 Supreme Court Letter

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May 17, 2016 RECAP
62

STATUS Report Joint by Jack Lew, Thomas Perez, Kathleen Sebelius, United States Department of Health and Human Services, United States Department of Labor, United States Department of the Treasury (Saltman, Julie) (Entered: 05/31/2016)

May 31, 2016 PACER
63

ORDER re 62 Status Report filed by United States Department of the Treasury, Kathleen Sebelius, United States Department of Health and Human Services, Thomas Perez, United States Department of Labor, Jack Lew filed pursuant to 59 Order. The parties request for an extension of the stay of district court proceedings is granted. The case is stayed pending the issuance of the mandate by the Eighth Circuit in Burwell v. Dordt College, et al., No. 15-774. Once that mandate is issued, the parties shall notify me within 15 days by filing a status report indicating, if, and how, further proceedings should be scheduled in this court. Signed by Judge Mark W Bennett on 6/2/2016. (des) (Entered: 06/02/2016)

June 2, 2016 PACER
64

ORDER of USCA as to 49 Notice of Appeal: Pursuant to the order and mandate of the U.S.Supreme Court, this court's judgment is vacated, the mandate is hereby recalled and the case is reopened (kfs) (Entered: 06/22/2016)

June 22, 2016 RECAP
65

NOTICE of Withdrawal of Attorney Matthew Scott Bowman on behalf of Cornerstone University, Dordt College (Bowman, Matthew) (Entered: 01/16/2017)

Jan. 16, 2017 PACER
66

NOTICE of Appearance by Rita Bettis on behalf of ACLU of Iowa, American Civil Liberties Union. Withdrawal of Jennifer Lee and Randall C Wilson. (Bettis, Rita) (Entered: 08/07/2017)

Aug. 7, 2017 PACER
67

NOTICE of Appearance by Emily Sue Newton on behalf of United States Department of Health and Human Services, United States Department of Labor, United States Department of the Treasury. Withdrawal of Julie Shana Saltman. (Newton, Emily) (Entered: 10/23/2017)

Oct. 23, 2017 PACER
68

JUDGMENT of USCA as to 49 Notice of Appeal: Appelllant's Motion to Dismiss the appeal is granted: The appeal is hereby dismissed (kfs) (Entered: 10/30/2017)

Oct. 30, 2017 RECAP
69

MANDATE of USCA as to 49 Notice of Appeal and 68 Judgment: The formal mandate is hereby issued in the above-styled matter (kfs) (Entered: 10/30/2017)

Oct. 30, 2017 PACER
70

STATUS Report by United States Department of Health and Human Services, United States Department of Labor, United States Department of the Treasury (Newton, Emily) (Entered: 11/14/2017)

Nov. 14, 2017 PACER
71

ORDER: This case is stayed for sixty days from the date of this order, unless the Court and the parties agree that the stay can be lifted: Status report ddl 12/15/2017: See text of Order for further information. Signed by Judge Mark W Bennett on 11/14/17. (kfs) (Entered: 11/14/2017)

Nov. 14, 2017 PACER
72

ORDER of USCA as to 49 Notice of Appeal: Appellees' motion to transfer the costs and fees request to the District Court is denied without prejudice to the filing of a bill of costs under Rule 39A(b), a motion for attorney fees under Rule 47C(a) and a motion for remand under Rule 47C(b): Appellees are granted an additional fourteen days to file a motion for attorney fees (kfs) (Entered: 11/22/2017)

Nov. 22, 2017 PACER
73

STATUS Report by Cornerstone University, Dordt College (Baylor, Gregory) (Entered: 12/15/2017)

Dec. 15, 2017 PACER
74

STATUS Report Order. This case remains stayed. The parties are directed to file a status report by 2/9/2018. Signed by Judge Mark W Bennett on 12/15/2017. (des) (Entered: 12/15/2017)

Dec. 15, 2017 PACER
75

ORDER of USCA as to 49 Notice of Appeal: The consent motion of the appellees for a second extension of time to file a motion for attorneys' fees and costs is granted to 01/10/18 (kfs) (Entered: 01/03/2018)

Jan. 3, 2018 PACER
76

NOTICE of Change of Address by Rita Bettis (Bettis, Rita) (Entered: 01/26/2018)

Jan. 26, 2018 PACER
77

STATUS Report by United States Department of Health and Human Services, United States Department of Labor, United States Department of the Treasury (Newton, Emily) (Entered: 02/08/2018)

Feb. 8, 2018 PACER
78

ORDER on Parties' Joint Status Report: The case remains stayed: Status Report due by 04/10/2018. Signed by Judge Mark W Bennett on 02/08/18. (kfs) (Entered: 02/08/2018)

Feb. 8, 2018 PACER
79

STATUS Report by United States Department of Health and Human Services, United States Department of Labor, United States Department of the Treasury (Newton, Emily) (Entered: 04/10/2018)

April 10, 2018 PACER
80

ORDER on Parties' Joint Status Report: The case remains stayed. Status report due by 6/11/2018. Signed by Judge Mark W Bennett on 4/10/2018. (mml) (Entered: 04/10/2018)

April 10, 2018 PACER
81

MOTION for Permanent Injunction and Declaratory Relief by Plaintiffs Cornerstone University, Dordt College Responses due by 4/27/2018 (Attachments: # 1 Brief, # 2 Text of Proposed Order) (Baylor, Gregory) (Entered: 04/13/2018)

1 Brief

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2 Text of Proposed Order

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April 13, 2018 PACER
82

UNRESISTED Motion for an extension of time, nunc pro tunc, in which to file a response to Plaintiffs' Motion for Permanent Injunction and Declaratory Relief by Defendants United States Department of Health and Human Services, United States Department of Labor, United States Department of the Treasury (Attachments: # 1 Exhibit Defendants' Proposed Response to Plaintiffs' Motion for Permanent Injunction and Declaratory Relief) (Newton, Emily) (Entered: 05/16/2018)

1 Exhibit Defendants' Proposed Response to Plaintiffs' Motion for Perman

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May 16, 2018 PACER
83

** TEXT ORDER ONLY ** granting 82 Unresisted Motion For Extension Of Time to resist plaintiffs' Motion For Permanent Injunction. The defendants shall file their proposed Response. The Response will be deemed timely filed. Signed by Judge Mark W Bennett on 05/17/2018. (Mastalir, Roger) (Entered: 05/17/2018)

May 17, 2018 PACER
84

Response to Motion re 81 MOTION for Permanent Injunction and Declaratory Relief filed by United States Department of Health and Human Services, United States Department of Labor, United States Department of the Treasury. (Newton, Emily) (Entered: 05/17/2018)

May 17, 2018 RECAP
85

ORDER granting 81 Motion for Permanent Injunction and Declaratory Relief and Permanent Injunction and Declaration (See Order Text). Signed by Judge Mark W Bennett on 6/12/2018. (des) (Entered: 06/12/2018)

June 12, 2018 PACER
86

ORDER Requiring Further Status Report: Status Report due by 06/19/2018: See text of Order for further details. Signed by Judge Mark W Bennett on 06/12/18. (kfs) (Entered: 06/12/2018)

June 12, 2018 PACER
87

STATUS Report by Cornerstone University, Dordt College (Baylor, Gregory) (Entered: 06/13/2018)

June 13, 2018 PACER
88

ORDER Directing Entry of Final Judgment. See order text for details. Signed by Judge Mark W Bennett on 6/14/2018. (src) (Entered: 06/14/2018)

June 14, 2018 PACER
89

JUDGMENT in favor of Cornerstone University, Dordt College and against United States Department of Health and Human Services, United States Department of Labor, United States Department of the Treasury, Alex M Azar II, Jack Lew, Thomas Perez. Pursuant to the Order granting motion for Permanent Injunction and Declaratory Relief and Permanent Injunction and Declaration, filed on June 12, 2018, (docket no. 85 ), final judgment is hereby entered. Signed by Clerk and approved as to form by Judge Mark W Bennett on 6/14/2018. (src) (Entered: 06/14/2018)

June 14, 2018 RECAP

State / Territory: Iowa

Case Type(s):

Speech and Religious Freedom

Special Collection(s):

Contraception Insurance Mandate

Key Dates

Filing Date: Oct. 23, 2013

Closing Date: June 12, 2018

Case Ongoing: No

Plaintiffs

Plaintiff Description:

A non-profit organization that believes the ACA's contraception insurance mandate violates the university's 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, 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):

Due Process

Free Exercise Clause

Establishment Clause

Freedom of speech/association

Equal Protection

Availably Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Declaratory Judgment

Source of Relief:

Litigation

Content of Injunction:

Preliminary relief granted

Issues

General:

Contraception

Discrimination-basis:

Religion discrimination

Type of Facility:

Non-government non-profit