Case: Doboszenski & Sons, Inc. v. Sebelius

0:13-cv-03148 | U.S. District Court for the District of Minnesota

Filed Date: Nov. 14, 2013

Closed Date: 2015

Clearinghouse coding complete

Case Summary

On November 14, 2013, a for-profit corporation filed a lawsuit in the U.S. District Court for the District of Minnesota under 42 U.S.C. §1983, Religious Freedom Restoration Act (RFRA) and the Administrative Procedure Act against the U.S. Department of Health and Human Services. The plaintiff asked the court to rule that the Affordable Care Act's (ACA) contraception insurance mandate was unconstitutional. Specifically, the plaintiff asked for a permanent injunction keeping the government from en…

On November 14, 2013, a for-profit corporation filed a lawsuit in the U.S. District Court for the District of Minnesota under 42 U.S.C. §1983, Religious Freedom Restoration Act (RFRA) and the Administrative Procedure Act against the U.S. Department of Health and Human Services. The plaintiff asked the court to rule that the Affordable Care Act's (ACA) contraception insurance mandate was unconstitutional. Specifically, the plaintiff asked for a permanent injunction keeping the government from enforcing the contraception insurance mandate against the corporation because it violated the owner's religious freedom.

On November 22, 2013, the plaintiff filed an unopposed motion for preliminary injunction and stay of proceedings. On November 27, 2013, Judge Joan N. Ericksen of the U.S. District Court for the District of Minnesota granted the motion and stayed the case pending resolution of the appeal in either of the cases (1) O'Brien v. U.S. Dep't of Health and Human Services, 894 F.Supp.2d 1149 (E.D. Mo. 2012) or (2) Annex Medical, Inc. v. Sebelius, No. 12–2804 2013 WL 101927 (D. Minn. Jan. 8, 2013), or until the Supreme Court issued a ruling in a substantially similar case, whichever occurred first. Both of the aforementioned cases involved similar legal issues and the same defendant.

On June 30, 2014, the Supreme Court issued a decision in Burwell v. Hobby Lobby Stores, Inc., 134 S. Ct. 2751 (2014), a substantially similar case. In a 5-4 opinion by Justice Alito, the Court held that the HHS regulations imposing the contraceptive mandate violate RFRA, when applied to closely-held for-profit corporations. 

In light of this decision, on November 14, 2014, the parties jointly submitted a Stipulation for Entry of Judgment and Injunction in Favor of Plaintiffs and Stipulation for Fee Motion Briefing Schedule, which permanently enjoined the defendants from (1) enforcing the ACA's contraceptive coverage requirement, (2) assessing any penalties or fines for noncompliance, and (3) taking any other actions based on noncompliance with the requirement.

On November 18, 2014, Judge Ericksen issued a judgment accepting the parties' submission. On December 30, 2014, the parties stipulated for an extension of time for the plaintiffs' motion for attorneys' fees. Judge Ericksen granted this stipulation in an order extending the deadline to March 3, 2015. The docket shows no record of the plaintiffs moving for attorneys' fees, and the case now appears closed.

Summary Authors

Mallory Jones (3/15/2014)

Elizabeth Greiter (11/2/2017)

Related Cases

O'Brien v. HHS, Eastern District of Missouri (2012)

Hobby Lobby v. Sebelius, Western District of Oklahoma (2012)

Annex Medical, Inc. v. Sebelius, District of Minnesota (2012)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/13207703/parties/doboszenski-sons-inc-v-sebelius/


Judge(s)

Ericksen [Lancaster], Joan N. (Minnesota)

Noel, Franklin L. (Minnesota)

Attorneys(s) for Plaintiff

Kaardal, Erick G. (Minnesota)

Attorneys(s) for Defendant

Bildtsen, Ann M (Minnesota)

Delery, Stuart F. (District of Columbia)

Humphreys, Bradley Philip (District of Columbia)

Lieber, Sheila M. (District of Columbia)

Marti, John R. (Minnesota)

Ricketts, Jennifer (District of Columbia)

Judge(s)

Ericksen [Lancaster], Joan N. (Minnesota)

Noel, Franklin L. (Minnesota)

Attorneys(s) for Plaintiff

Kaardal, Erick G. (Minnesota)

Attorneys(s) for Defendant

Bildtsen, Ann M (Minnesota)

Delery, Stuart F. (District of Columbia)

Humphreys, Bradley Philip (District of Columbia)

Lieber, Sheila M. (District of Columbia)

Marti, John R. (Minnesota)

Ricketts, Jennifer (District of Columbia)

Documents in the Clearinghouse

Document

Docket [PACER]

Doboszenski v. Sebelius

Dec. 31, 2014 Docket
1

Verified Complaint for Declaratory and Injunctive Relief Jury Trial Demanded

Doboszenski v. Sebelius

Nov. 14, 2013 Complaint
7

Motion for Preliminary Injunction and Stay

Doboszenski v. Sebelius

Nov. 22, 2013 Pleading / Motion / Brief
12

Defendants' Notice of Non-Opposition to Plaintiffs' Motion for Preliminary Injunction and Stay of Proceedings

Doboszenski v. Sebelius

Nov. 25, 2013 Notice Letter
13

Preliminary Injunction

Doboszenski v. Sebelius

Nov. 27, 2013 Order/Opinion
16

Judgment In a Civil Case

Nov. 18, 2014 Order/Opinion
15

Order For Injunction and Judgment

Nov. 18, 2014 Order/Opinion
18

Order For Extension of Time to File Plaintiffs' Motion For Attorneys' Fees and Costs

Dec. 31, 2014 Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/13207703/doboszenski-sons-inc-v-sebelius/

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

ECF Number Description Date Link
1

COMPLAINT Verified Complaint for Declaratory and Injunctive Relief - Jury Trial Demanded against Seth D. Harris, Internal Revenue Service, Jacob Lew, Kathleen Sebelius, United States Department of Health and Human Services, United States Department of Labor, United States Department of the Treasury, Daniel I. Werfel. (Filing fee $400 receipt number 0864-3768144.) Filed by Douglas Doboszenski, Doboszenski & Sons, Inc. Filer requests summons issued. (Attachments: # 1 Civil Cover Sheet). (Kaardal, Erick) (Entered: 11/14/2013)

1 Civil Cover Sheet

View on PACER

Nov. 14, 2013 PACER
2

TEXT ONLY ENTRY: CLERK'S NOTICE OF INITIAL CASE ASSIGNMENT. Case assigned to Judge Joan N. Ericksen per Civil Rights-All Others List referred to Magistrate Judge Franklin L. Noel. Please use case number 13-cv-03148 (JNE/FLN). (lmb) (Entered: 11/15/2013)

Nov. 15, 2013 PACER
3

Summons Issued as to Seth D. Harris, Internal Revenue Service, Jacob Lew, Kathleen Sebelius, United States Department of Health and Human Services, United States Department of Labor, United States Department of the Treasury, Daniel I. Werfel. (lmb) (Entered: 11/15/2013)

Nov. 15, 2013 PACER
4

NOTICE of Appearance by Ann M Bildtsen on behalf of Seth D. Harris, Internal Revenue Service, Jacob Lew, Kathleen Sebelius, United States Department of Health and Human Services, United States Department of Labor, United States Department of the Treasury, Daniel I. Werfel. (Bildtsen, Ann) (Entered: 11/20/2013)

Nov. 20, 2013 PACER
5

MOTION for Admission Pro Hac Vice for U.S. Government Attorney Bradley Philip Humphreys by Seth D. Harris, Internal Revenue Service, Jacob Lew, Kathleen Sebelius, United States Department of Health and Human Services, United States Department of Labor, United States Department of the Treasury, Daniel I. Werfel. (Bildtsen, Ann) (Entered: 11/20/2013)

Nov. 20, 2013 PACER
6

TEXT ONLY ENTRY: ORDER granting 5 Motion for Admission of U.S. Government Attorney Bradley Philip Humphreys for Seth D. Harris,Internal Revenue Service,Jacob Lew, Kathleen Sebelius,United States Department of Health and Human Services, United States Department of Labor,United States Department of the Treasury, Daniel I. Werfel. Fee waived. Approved by Magistrate Judge Franklin L. Noel on 11/20/13. (MAP) (Entered: 11/20/2013)

Nov. 20, 2013 PACER
7

MOTION for Preliminary Injunction and Stay - Expedited Handling Requested by Douglas Doboszenski, Doboszenski & Sons, Inc.. (Kaardal, Erick) (Entered: 11/22/2013)

Nov. 22, 2013 PACER
8

NOTICE OF HEARING ON MOTION 7 MOTION for Preliminary Injunction and Stay - Expedited Handling Requested : at date and time to be determined. (Kaardal, Erick) (Entered: 11/22/2013)

Nov. 22, 2013 PACER
9

MEET and CONFER STATEMENT re 7 Motion for Preliminary Injunction filed by Douglas Doboszenski, Doboszenski & Sons, Inc.. (Kaardal, Erick) (Entered: 11/22/2013)

Nov. 22, 2013 PACER
10

CERTIFICATE OF SERVICE ON PROPOSED ORDER by Douglas Doboszenski, Doboszenski & Sons, Inc. re 7 MOTION for Preliminary Injunction and Stay - Expedited Handling Requested (Kaardal, Erick) (Entered: 11/22/2013)

Nov. 22, 2013 PACER
11

SUMMONS Returned Executed by Douglas Doboszenski, Doboszenski & Sons, Inc.. Seth D. Harris served on 11/15/2013, answer due 1/14/2014; Internal Revenue Service served on 11/15/2013, answer due 1/14/2014; Jacob Lew served on 11/15/2013, answer due 1/14/2014; Kathleen Sebelius served on 11/15/2013, answer due 1/14/2014; United States Department of Health and Human Services served on 11/15/2013, answer due 1/14/2014; United States Department of Labor served on 11/15/2013, answer due 1/14/2014; United States Department of the Treasury served on 11/15/2013, answer due 1/14/2014; Daniel I. Werfel served on 11/15/2013, answer due 1/14/2014. (Kaardal, Erick) (Entered: 11/25/2013)

Nov. 25, 2013 PACER
12

NOTICE OF NON-OPPOSITION TO PLAINTIFFS' 7 MOTION FOR PRELIMINARY INJUNCTION AND STAY OF PROCEEDINGS by Seth D. Harris, Internal Revenue Service, Jacob Lew, Kathleen Sebelius, United States Department of Health and Human Services, United States Department of Labor, United States Department of the Treasury, Daniel I. Werfel - Expedited Handling Requested. (Humphreys, Bradley) Modified text on 11/26/2013 (lmb). (Entered: 11/25/2013)

Nov. 25, 2013 RECAP
13

ORDER granting 7 Motion for Preliminary Injunction. All proceedings in this case are STAYED pending resolution of the appeal in either O'Brien or Annex Medical, or until the Supreme Court issues a ruling in a substantial similar case, whichever occurs first. Signed by Judge Joan N. Ericksen on November 27, 2013. (Attachments: # 1 Exhibits) (CBC) (Entered: 11/27/2013)

1 Exhibit(s)

View on PACER

Nov. 27, 2013 PACER
14

STIPULATION for Entry of Judgment and Injunction in Favor of Plaintiffs and Stipulation for Fee Motion Briefing Schedule by Douglas Doboszenski, Doboszenski & Sons, Inc.. Jointly Signed by Sylvia M. Burwell, United States Department of Health and Human Service, Seth D. Harris, United States Department of Labor, Jacob Lew, United States Department of the Treasury, Daniel I. Werfel, and Internal Revenue Service. (Attachments: # 1 Exhibit(s) 1, # 2 Exhibit(s) 2)(Kaardal, Erick) (Entered: 11/14/2014)

1 Exhibit(s) 1

View on PACER

2 Exhibit(s) 2

View on PACER

Nov. 14, 2014 RECAP
15

ORDER re 14 Stipulation for Entry of Judgment and Injunction in Favor of Plaintiffs and Stipulation for Fee Motion Briefing Schedule filed jointly by the parties. Signed by Judge Joan N. Ericksen on November 18, 2014. (CBC) (Entered: 11/18/2014)

Nov. 18, 2014 PACER
16

JUDGMENT (Attachments: # 1 Civil Notice - appeal)(MMP) (Entered: 11/18/2014)

1 Civil Notice - appeal

View on PACER

Nov. 18, 2014 PACER
17

STIPULATION for Extension of Time to File Plaintiffs' Motion for Attorneys' Fees and Costs by Seth D. Harris, Internal Revenue Service, Jacob Lew, Kathleen Sebelius, United States Department of Health and Human Services, United States Department of Labor, United States Department of the Treasury, Daniel I. Werfel. Jointly Signed by Doboszenski & Sons, Inc. and Douglas Doboszenski. (Humphreys, Bradley) (Entered: 12/30/2014)

Dec. 30, 2014 PACER
18

ORDER re 17 Stipulation, filed by United States Department of the Treasury, Jacob Lew, Kathleen Sebelius, United States Department of Health and Human Services, Seth D. Harris, United States Department of Labor, Internal Revenue Service, Daniel I. Werfel. Signed by Judge Joan N. Ericksen on December 31, 2014. (CBC) (Entered: 12/31/2014)

Dec. 31, 2014 PACER

State / Territory: Minnesota

Case Type(s):

Speech and Religious Freedom

Special Collection(s):

Contraception Insurance Mandate

Key Dates

Filing Date: Nov. 14, 2013

Closing Date: 2015

Case Ongoing: No

Plaintiffs

Plaintiff Description:

A for-profit corporation that believed that the ACA's contraception coverage mandate violated the owner's religious beliefs.

Plaintiff Type(s):

Private Plaintiff

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:

42 U.S.C. § 1983

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

Due Process

Availably Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Preliminary injunction / Temp. restraining order

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Voluntary Dismissal

Order Duration: 2013 - None

Content of Injunction:

Preliminary relief granted

Issues

General:

Contraception

Discrimination-basis:

Religion discrimination

Type of Facility:

Non-government for profit