Case: Dobson v. Sebelius

1:13-cv-03326 | U.S. District Court for the District of Colorado

Filed Date: Dec. 10, 2013

Case Ongoing

Clearinghouse coding complete

Case Summary

On December 10, 2013, the owner of a non-profit religious corporation filed this lawsuit in the U.S. District Court for the District of Colorado under the First Amendment, Fifth Amendment Due Process Clause, Religious Freedom Restoration Act (RFRA) and the Administrative Procedure Act against the U.S. Department of Health and Human Services. The plaintiff alleged the Affordable Care Act's requirement that employee health plans provide coverage of contraception violates his religious freedom. Th…

On December 10, 2013, the owner of a non-profit religious corporation filed this lawsuit in the U.S. District Court for the District of Colorado under the First Amendment, Fifth Amendment Due Process Clause, Religious Freedom Restoration Act (RFRA) and the Administrative Procedure Act against the U.S. Department of Health and Human Services. The plaintiff alleged the Affordable Care Act's requirement that employee health plans provide coverage of contraception violates his religious freedom. The plaintiff, represented by Alliance Defending Freedom and private counsel, asked the court to strike down the Affordable Care Act's (ACA) contraception insurance mandate, even with the accommodation for non-profit religious organizations. Specifically, the plaintiff sought both preliminary and permanent injunctions barring the government from enforcing the contraception insurance mandate against it.

On January 21, 2014, the plaintiff filed a motion for preliminary injunction on the grounds that the contraception insurance mandate substantially burdened the plaintiff's religious exercise. On April 17, 2014, the Court (Judge Robert E. Blackburn) granted the preliminary injunction. Dobson v. Sebelius, 38 F.Supp.3d 1245 (2014).

The federal government appealed to the Tenth Circuit, and on July 7, 2014, the Tenth Circuit agreed to the parties' request to hold the appeal in abeyance until the seven cases consolidated as Zubik v. Burwell were resolved by the Supreme Court.

Nearly two years later, on May 16, 2016, in Zubik, the Court issued a per curiam order remanding all seven cases to their respective Courts of Appeals; instructing the lower courts to give the parties time to come to agreement on an approach that "accommodates petitioners’ religious exercise while at the same time ensuring that women covered by petitioners’ health plans 'receive full and equal health coverage, including contraceptive coverage.'" 136 S.Ct 1557, 1560. The Court took no position on the merits of that case.

Two of the Zubik cases had come from the Tenth Circuit -- Little Sisters of the Poor Home for the Aged v. Sebelius and Southern Nazarene University v. Sebelius. Both were remanded to the Tenth Circuit as part of the Zubik decision; that judgment issued on June 17, 2016. In this case, on June 22, the U.S. defendants filed a status report requesting another 30 days to evaluate appropriate next steps in light of the Zubik order.

On September 27, 2016, Judge Blackburn ordered the original case closed administratively, as there was no knowing how long the appeal would continue to be abated. The Appellees, or the original Plaintiffs, filed a motion to dismiss the appeal on July 21, 2017. Judges Matheson and Bacharach denied the motion, and declared that the abatement would continue and that the parties would file status reports advising the court of the status of rulemaking proceedings and any other related events. On October 6, 2017 the Appellants, now representing the administration, filed a motion to dismiss the appeal. The order was granted without judicial action on October 23, 2017.

On June 19, 2018, the plaintiffs moved to reopen the case, again seeking permanent injunction and declaratory relief, and Judge Blackburn reopened the case.

On March 26, 2019 Judge Blackburn granted a permanent injunction to prohibit enforcement of the mandate by defendants against the plaintiffs and to prohibit defendants from assessing penalties against plaintiffs for their refusal to comply with the mandate. The court explained that with regard to the RFRA claim, the plaintiffs have been successful on the merits under RFRA and face potential irreparable harm unless an injunction is issued. Per the Declaratory Judgment Act, the court also declared that the rights of plaintiffs under RFRA are violated by enforcement of the mandate against plaintiffs in a way that (1) requires plaintiffs to include coverage of abortifacients in the group health plan for employees; (2) requires plaintiffs to execute and deliver the exemption form; or (3) imposes a penalty on the plaintiffs due to their failure to include coverage of abortifacients in its group health plan or to execute and deliver the exemption form. The court declined to rule on anything other that the RFRA claim.

On April 16, 2019, the plaintiffs submitted their next status report and moved for dismissal with prejudice of the remaining non-RFRA claims and entry of final judgment on the RFRA claim. They also asked for additional time to submit a motion for attorney’s fees. Defendants did not oppose the motion. On March 13, 2020, Judge Blackburn granted plaintiffs’ motions and entered the Final Judgment. Plaintiffs notified the court on March 24 that the parties had reached a resolution and settlement on attorneys’ fees, but the notice does not specify the amount. As of May 2020, the case is ongoing.

Summary Authors

Mallory Jones (3/11/2014)

Beth Richardson (6/5/2015)

Kate Craddock (7/24/2016)

Rachel Carpman (11/19/2018)

Claire Shimberg (5/7/2020)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/5483925/parties/dobson-v-sebelius/


Judge(s)

Blackburn, Robert E. (Colorado)

Shaffer, Craig B. (Colorado)

Attorneys(s) for Plaintiff

Aden, Steven H. (District of Columbia)

Baylor, Gregory S. (District of Columbia)

Bowman, Matthew S. (District of Columbia)

Cortman, David A. (Georgia)

Kniffin, Eric N (District of Columbia)

Norton, Michael Jeffrey (Colorado)

Nussbaum, L. Martin (Colorado)

Speir, Ian Seth (Colorado)

Judge(s)

Blackburn, Robert E. (Colorado)

Shaffer, Craig B. (Colorado)

Attorneys(s) for Plaintiff

Aden, Steven H. (District of Columbia)

Baylor, Gregory S. (District of Columbia)

Bowman, Matthew S. (District of Columbia)

Cortman, David A. (Georgia)

Kniffin, Eric N (District of Columbia)

Norton, Michael Jeffrey (Colorado)

Nussbaum, L. Martin (Colorado)

Speir, Ian Seth (Colorado)

Tedesco, Jeremy D. (Arizona)

Theriot, Kevin H. (Kansas)

Attorneys(s) for Defendant

Barbero, Megan (District of Columbia)

Bennett, Michelle Renee (District of Columbia)

Delery, Stuart F. (District of Columbia)

Jed, Adam C. (District of Columbia)

Klein, Alisa B. (District of Columbia)

Lieber, Sheila M. (District of Columbia)

Nemeroff, Patrick George (District of Columbia)

Ricketts, Jennifer (District of Columbia)

Salzman, Joshua Marc (District of Columbia)

Stern, Marc (District of Columbia)

Other Attorney(s)

Amiri, Brigitte A. (New York)

Documents in the Clearinghouse

Document

Docket [10th Circuit Appeals]

Dobson v. Burwell

U. S. Court of Appeals for the Tenth Circuit

Oct. 23, 2017 Docket

Docket

March 24, 2020 Docket
1

Verified Complaint

Dec. 10, 2013 Complaint
18

Plaintiffs' Motion for Preliminary Injunction and Certificate of Compliance Re: Consultation on Motion

Jan. 21, 2014 Pleading / Motion / Brief
19

Brief in Support of Motion for Preliminary injunction

Jan. 21, 2014 Pleading / Motion / Brief
30

Defendants' Memorandum in Opposition to Plaintiffs' Motion for Preliminary Injunction

Feb. 14, 2014 Pleading / Motion / Brief
37

Order Granting Motion for Preliminary Injunction

38 F.Supp.3d 1245

April 17, 2014 Order/Opinion
61

Order Granting Motion For Permanent Injunction

Dobson v. Azar

March 26, 2019 Order/Opinion
65

Final Judgment

Dobson v. Azar

March 13, 2020 Order/Opinion

Resources

Title Description External URL

Dobson v. Azar

Alliance Defending Freedom

Dr. James Dobson and his “Family Talk” radio show and ministry, a Christian non-profit organization, challenges the legality and constitutionality of the Obama administration's abortion pill mandate,… March 28, 2019 https://adfmedia.org/case/dobson-v-azar

Docket

See docket on RECAP: https://www.courtlistener.com/docket/5483925/dobson-v-sebelius/

Last updated May 20, 2022, 3:29 a.m.

ECF Number Description Date Link
1

COMPLAINT againstJacob J. Lew, Thomas E. Perez, Kathleen Sebelius, United States Department of Health and Human Services, United States Department of Labor, United States Department of the Treasury (Filing fee $ 400,Receipt Number 1082-3655041)Attorney Matthew Scott Bowman added to party James C Dobson(pty:pla), Attorney Matthew Scott Bowman added to party Family Talk(pty:pla), filed by Family Talk, James C Dobson. (Attachments: # 1 Summons of Kathleen Sebelius, # 2 Summons of Thomas E Perez, # 3 Summons of Jacob J. Lew, # 4 Summons of United States Department of Health and Human Services, # 5 Summons of United States Department of Labor, # 6 Summons United States Department of the Treasury, # 7 Summons of United States Attorney General Eric H. Holder, Jr., # 8 Summons of United States District Attorney Dan May for the District of Colorado, # 9 Civil Cover Sheet)(Bowman, Matthew) (Entered: 12/10/2013)

1 Summons of Kathleen Sebelius

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2 Summons of Thomas E Perez

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3 Summons of Jacob J. Lew

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4 Summons of United States Department of Health and Human Services

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5 Summons of United States Department of Labor

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6 Summons United States Department of the Treasury

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7 Summons of United States Attorney General Eric H. Holder, Jr.

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8 Summons of United States District Attorney Dan May for the District of Colorado

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9 Civil Cover Sheet

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Dec. 10, 2013 PACER
2

CORPORATE DISCLOSURE STATEMENT. (Bowman, Matthew) (Entered: 12/10/2013)

Dec. 10, 2013 PACER
3

NOTICE of Related Cases by Plaintiffs James C Dobson, Family Talk (Bowman, Matthew) (Entered: 12/10/2013)

Dec. 10, 2013 PACER
4

Case assigned to Judge Robert E. Blackburn and drawn to Magistrate Judge Craig B. Shaffer. Text Only Entry. (agarc, ) (Entered: 12/11/2013)

Dec. 10, 2013 PACER
5

SUMMONS issued by Clerk. Magistrate Judge Consent Form attached. (Attachments: # 1 Summons, # 2 Summons, # 3 Summons, # 4 Summons, # 5 Summons, # 6 Summons, # 7 Summons, # 8 Magistrate Judge Consent Form) (agarc, ) (Entered: 12/11/2013)

1 Summons

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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 Magistrate Judge Consent Form

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Dec. 11, 2013 PACER
6

ORDER REFERRING CASE to Magistrate Judge Craig B. Shaffer. That pursuant to 28 U.S.C. ยง 636(b)(1)(A) and (B) and Fed. R. Civ. P. 72(a) and (b), this matter is referred to the assigned United States Magistrate Judge: (1) To convene a scheduling conference under Fed. R. Civ. P. 16(b), enter a scheduling Order that satisfies the requirements of D.C.COLO.LCivR 16.2, and enter such orders as appropriate to enforce the Scheduling order and resolve discovery matters; provided, further that the scheduling conference, the Magistrate Judge shall advise the parties of Judge Blackburns practice standards found at www.cod.uscourts.gov.; (2) To hear and finally determine non-dispositive matters that have been referred, subject to the exceptions found in 28 U.S.C. ยง 636(b)(1)(A); and (3) To hear and make recommendations on dispositive matters that have been referred as defined in 28 U.S.C. ยง 636(b)(1)(A). Court sponsored alternative dispute resolution is governed by D.C.COLOLCivR 16.6. On the recommendation or informal request of the magistrate judge or on the request of the parties by motion, this court may direct the parties to engage in an early neutral evaluation, a settlement conference, or another alternative dispute resolution proceeding. By Judge Robert E. Blackburn on 12/16/13. Text Only Entry (rebcd) (Entered: 12/16/2013)

Dec. 16, 2013 PACER
7

NOTICE of Entry of Appearance by Gregory S. Baylor on behalf of All Plaintiffs Attorney Gregory S. Baylor added to party James C Dobson(pty:pla), Attorney Gregory S. Baylor added to party Family Talk(pty:pla) (Baylor, Gregory) (Entered: 12/17/2013)

Dec. 17, 2013 PACER
8

NOTICE of Entry of Appearance by David Andrew Cortman on behalf of All Plaintiffs Attorney David Andrew Cortman added to party James C Dobson(pty:pla), Attorney David Andrew Cortman added to party Family Talk(pty:pla) (Cortman, David) (Entered: 12/17/2013)

Dec. 17, 2013 PACER
9

NOTICE of Entry of Appearance by Kevin H. Theriot on behalf of All Plaintiffs Attorney Kevin H. Theriot added to party James C Dobson(pty:pla), Attorney Kevin H. Theriot added to party Family Talk(pty:pla) (Theriot, Kevin) (Entered: 12/17/2013)

Dec. 17, 2013 PACER
10

NOTICE of Entry of Appearance by Jeremy David Tedesco on behalf of All Plaintiffs Attorney Jeremy David Tedesco added to party James C Dobson(pty:pla), Attorney Jeremy David Tedesco added to party Family Talk(pty:pla) (Tedesco, Jeremy) (Entered: 12/17/2013)

Dec. 17, 2013 PACER
11

NOTICE of Entry of Appearance by Michael Jeffrey Norton on behalf of All Plaintiffs Attorney Michael Jeffrey Norton added to party James C Dobson(pty:pla), Attorney Michael Jeffrey Norton added to party Family Talk(pty:pla) (Norton, Michael) (Entered: 12/17/2013)

Dec. 17, 2013 PACER
12

MINUTE ORDER setting a Scheduling Conference on 2/28/2014 at 9:15 AM in Courtroom A 402 before Magistrate Judge Craig B. Shaffer. In preparing for the scheduling conference parties shall adhere to the attached instructions and deadlines. SO ORDERED by Magistrate Judge Craig B. Shaffer on 12/27/13. (cbssec) (Entered: 12/27/2013)

Dec. 27, 2013 RECAP
13

SUMMONS Returned Executed upon defendant(s) Jacob J. Lew served on 12/23/2013, answer due 2/21/2014; Thomas E. Perez served on 12/23/2013, answer due 2/21/2014; Kathleen Sebelius served on 12/23/2013, answer due 2/21/2014; United States Department of Health and Human Services served on 12/23/2013, answer due 2/21/2014; United States Department of Labor served on 12/23/2013, answer due 2/21/2014; United States Department of the Treasury served on 12/23/2013, answer due 2/21/2014. (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)(Tedesco, Jeremy) (Entered: 01/03/2014)

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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Jan. 3, 2014 PACER
14

CERTIFICATE of Mailing/Service re 12 Minute Order, by Plaintiffs James C Dobson, Family Talk. (Tedesco, Jeremy) (Entered: 01/03/2014)

Jan. 3, 2014 PACER
15

AFFIDAVIT/RETURN of Service of Magistrate Judge Instruction packet upon Eric H. Holder, Jr., Kathleen Sebelius, Thomas Perez, Jacob Lew, US Dept of Health and Social Services, U.S. Dept of Labor, U.S. Dept of the Treasury on January 6 & 7, 2014, filed by Plaintiffs James C Dobson, Family Talk (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G)(Tedesco, Jeremy) (Entered: 01/16/2014)

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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Jan. 16, 2014 PACER
16

NOTICE of Entry of Appearance by L. Martin Nussbaum on behalf of James C Dobson, Family TalkAttorney L. Martin Nussbaum added to party James C Dobson(pty:pla), Attorney L. Martin Nussbaum added to party Family Talk(pty:pla) (Nussbaum, L.) (Entered: 01/16/2014)

Jan. 16, 2014 PACER
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NOTICE of Entry of Appearance by Ian Seth Speir on behalf of James C Dobson, Family TalkAttorney Ian Seth Speir added to party James C Dobson(pty:pla), Attorney Ian Seth Speir added to party Family Talk(pty:pla) (Speir, Ian) (Entered: 01/16/2014)

Jan. 16, 2014 PACER
18

MOTION for Preliminary Injunction by Plaintiffs James C Dobson, Family Talk. (Attachments: # 1 Proposed Order (PDF Only))(Bowman, Matthew) (Entered: 01/21/2014)

1 Proposed Order (PDF Only)

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Jan. 21, 2014 PACER
19

BRIEF in Support of 18 MOTION for Preliminary Injunction filed by Plaintiffs James C Dobson, Family Talk. (Bowman, Matthew) (Entered: 01/21/2014)

Jan. 21, 2014 PACER
20

AFFIDAVIT Proof of Service by Plaintiffs James C Dobson, Family Talk. (Attachments: # 1 Exhibit A - Proof of Service on John F. Walsh, US Attorney)(Tedesco, Jeremy) (Entered: 02/03/2014)

1 Exhibit A - Proof of Service on John F. Walsh, US Attorney

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Feb. 3, 2014 PACER
21

NOTICE of Entry of Appearance by Michelle Renee Bennett on behalf of All Defendants Attorney Michelle Renee Bennett added to party Jacob J. Lew(pty:dft), Attorney Michelle Renee Bennett added to party Thomas E. Perez(pty:dft), Attorney Michelle Renee Bennett added to party Kathleen Sebelius(pty:dft), Attorney Michelle Renee Bennett added to party United States Department of Health and Human Services(pty:dft), Attorney Michelle Renee Bennett added to party United States Department of Labor(pty:dft), Attorney Michelle Renee Bennett added to party United States Department of the Treasury (pty:dft) (Bennett, Michelle) (Entered: 02/05/2014)

Feb. 5, 2014 PACER
22

Joint MOTION for Extension of Time to Vacate Scheduling Deadlines, Unopposed MOTION for Extension of Time to File Answer or Otherwise Respond re 1 Complaint,,, 12 Minute Order, by Defendants and by Plaintiffs James C Dobson, Family Talk. (Attachments: # 1 Proposed Order (PDF Only))(Bowman, Matthew) (Entered: 02/05/2014)

1 Proposed Order (PDF Only)

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Feb. 5, 2014 PACER
23

MEMORANDUM regarding 22 Joint MOTION for Extension of Time to Vacate Scheduling DeadlinesUnopposed MOTION for Extension of Time to File Answer or Otherwise Respond re 1 Complaint,,, 12 Minute Order, by Defendants and filed by James C Dobson, Family Talk. Motions referred to Magistrate Judge Craig B. Shaffer by Judge Robert E. Blackburn on 2/6/14. Text Only Entry (rebsec,) (Entered: 02/06/2014)

Feb. 6, 2014 PACER
24

MINUTE ORDER converting the 2/28/14 Scheduling Conference to a Telephone Status Conference at 9:15 a.m. before Magistrate Judge Craig B. Shaffer. To ensure the clearest connection possible, parties are directed to work together to arrange a conference call utilizing the services of a third-party conferencing center. Not later than 24 hours prior to the hearing the phone number and passcode shall be distributed so that everyone (court included) can dial-in. Text Only Entry by Magistrate Judge Craig B. Shaffer on 2/12/14. (cbssec) (Entered: 02/12/2014)

Feb. 12, 2014 PACER
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AMENDED 24 MINUTE ORDER converting the 2/28/14 Scheduling Conference to a Telephone Status Conference at 9:15 a.m. before Magistrate Judge Craig B. Shaffer. To ensure the clearest connection possible, parties are directed to work together to arrange a conference call utilizing the services of a third-party conferencing center. Not later than 24 hours prior to the hearing the phone number and passcode shall be distributed so that everyone (court included) can dial-in. ORDERED that Defendants' deadline to respond to Plaintiffs' complaint, as well as the deadlines set in preparation of the Rule 16(b) Scheduling Conference are stayed pending the Status Conference. Text Only Entry by Magistrate Judge Craig B. Shaffer on 2/12/14. (cbssec) (Entered: 02/12/2014)

Feb. 12, 2014 PACER
26

Unopposed MOTION to Reset Telephone Status Conference by Defendants Jacob J. Lew, Thomas E. Perez, Kathleen Sebelius, United States Department of Health and Human Services, United States Department of Labor, United States Department of the Treasury. (Bennett, Michelle) (Entered: 02/12/2014)

Feb. 12, 2014 PACER
27

MEMORANDUM regarding 26 Unopposed MOTION to Reset Telephone Status Conference filed by Kathleen Sebelius, United States Department of Health and Human Services, Thomas E. Perez, Jacob J. Lew, United States Department of the Treasury, United States Department of Labor. Motions referred to Magistrate Judge Craig B. Shaffer by Judge Robert E. Blackburn on 2/12/14. Text Only Entry (rebsec,) (Entered: 02/12/2014)

Feb. 12, 2014 PACER
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ORDER granting 26 Motion to Reset and resetting the Telephone Status Conference to 2/25/2014 at 9:15 AM (Mountain Time) before Magistrate Judge Craig B. Shaffer. To ensure the clearest connection possible, parties are directed to work together to arrange a conference call utilizing the services of a third-party conferencing center. Not later than 24 hours prior to the hearing the phone number and passcode shall be distributed so that everyone (court included) can dial-in. Text Only Entry by Magistrate Judge Craig B. Shaffer on 2/12/14.(cbssec) (Entered: 02/12/2014)

Feb. 12, 2014 PACER
29

NOTICE of Filing of Administrative Record by Defendants Jacob J. Lew, Thomas E. Perez, Kathleen Sebelius, United States Department of Health and Human Services, United States Department of Labor, United States Department of the Treasury (Attachments: # 1 Index of Administrative Record, # 2 Certification of Administrative Record)(Bennett, Michelle) (Entered: 02/14/2014)

1 Index of Administrative Record

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2 Certification of Administrative Record

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Feb. 14, 2014 PACER
30

BRIEF in Opposition to 18 MOTION for Preliminary Injunction filed by Defendants Jacob J. Lew, Thomas E. Perez, Kathleen Sebelius, United States Department of Health and Human Services, United States Department of Labor, United States Department of the Treasury. (Bennett, Michelle) (Entered: 02/14/2014)

Feb. 14, 2014 PACER
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MOTION to File Amicus Brief and Proposed Amicus Brief by Amicus Parties American Civil Liberties Union, American Civil Liberties Union of Colorado. (Attachments: # 1 Proposed Order (PDF Only))(Amiri, Brigitte) (Entered: 02/18/2014)

1 Proposed Order (PDF Only)

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Feb. 18, 2014 PACER
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BRIEF in Opposition to 31 MOTION to File Amicus Brief and Proposed Amicus Brief filed by Plaintiffs James C Dobson, Family Talk. (Bowman, Matthew) (Entered: 02/18/2014)

Feb. 18, 2014 PACER
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ADMINISTRATIVE RECORD (3 CDs) - by Defendants Jacob J. Lew, Thomas E. Perez, Kathleen Sebelius, United States Department of Health and Human Services, United States Department of Labor, United States Department of the Treasury. (Text Only Entry - Available in other format at the Clerk's Office) (klyon, ) (Entered: 02/19/2014)

Feb. 18, 2014 PACER
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NOTICE of Supplemental Authorities re: 30 Brief in Opposition to Motion, by Defendants Jacob J. Lew, Thomas E. 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 - Notre Dame Decision (7th Cir.))(Bennett, Michelle) (Entered: 02/24/2014)

1 Exhibit - Notre Dame Decision (7th Cir.)

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Feb. 24, 2014 PACER
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COURTROOM MINUTES/MINUTE ORDER for proceedings held before Magistrate Judge Craig B. Shaffer: Status Conference held on 2/25/2014. ORDERED: 22 Joint Motion to Vacate and/or Extend Deadlines is GRANTED. The Defendants' obligation to file a Response to Plaintiffs' Complaint is STAYED pending ruling on 18 Motion for Preliminary Injunction. FTR: Courtroom A402 - C. Covington. (ccovi) (Entered: 02/27/2014)

Feb. 25, 2014 PACER
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REPLY to Response to 18 MOTION for Preliminary Injunction filed by Plaintiffs James C Dobson, Family Talk. (Attachments: # 1 Exhibit A)(Bowman, Matthew) (Entered: 02/28/2014)

1 Exhibit A

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Feb. 28, 2014 PACER
37

ORDER granting 18 Motion for Preliminary Injunction. By Judge Robert E. Blackburn on 4/17/2014.(klyon, ) (Entered: 04/17/2014)

April 17, 2014 RECAP
38

RECEIPT for $500 by Plaintiffs James C Dobson, Family Talk re: 37 Order on Motion for Preliminary Injunction (evana, ) (Entered: 04/22/2014)

April 21, 2014 PACER
39

ORDER: A Telephone Status Conference is set for Thursday, June 12, 2014 at 9:15 a.m. in Courtroom A-402 before Magistrate Judge Craig B. Shaffer. Counsel participating in the Telephone Conference shall initiate a conference call among themselves and then call the court at (303) 844-2117 at the scheduled time. By Magistrate Judge Craig B. Shaffer on 05/27/2014. Text Only Entry (cbslc1) (Entered: 05/27/2014)

May 27, 2014 PACER
40

NOTICE OF APPEAL as to 37 Order on Motion for Preliminary Injunction by Defendants Jacob J. Lew, Thomas E. Perez, Kathleen Sebelius, United States Department of Health and Human Services, United States Department of Labor, United States Department of the Treasury (Bennett, Michelle) (Entered: 06/11/2014)

June 11, 2014 PACER
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LETTER Transmitting Notice of Appeal to all counsel advising of the transmittal of the 40 Notice of Appeal, filed by Kathleen Sebelius, United States Department of Health and Human Services, Thomas E. Perez, Jacob J. Lew, United States Department of the Treasury, United States Department of Labor to the U.S. Court of Appeals. ( Retained Counsel,) (Attachments: # 1 Docket Sheet, # 2 Preliminary Record)(dbrow, ) (Entered: 06/11/2014)

1 Docket Sheet

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2 Preliminary Record

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June 11, 2014 PACER
42

USCA Case Number 14-1233 for 40 Notice of Appeal, filed by Kathleen Sebelius, United States Department of Health and Human Services, Thomas E. Perez, Jacob J. Lew, United States Department of the Treasury, United States Department of Labor. (dbrow, ) (Entered: 06/11/2014)

June 11, 2014 PACER
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MINUTE ENTRY for proceedings held before Magistrate Judge Craig B. Shaffer: Telephonic Status Conference held on 6/12/2014. ORDERED: The Court issues a Stay for all further proceedings in this case pending a decision on the appeal. Counsel are required to notify Magistrate Judge Shaffer's chambers within 72 hours of a ruling on Notice of Appeal 40 . FTR: Courtroom A-402. (amont) (Entered: 06/12/2014)

June 12, 2014 PACER
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NOTICE of Entry of Appearance and Certificate of Interested Parties re 40 Notice of Appeal, by Defendants. (dbrow, ) (Entered: 06/16/2014)

June 16, 2014 PACER
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TRANSCRIPT ORDER FORM by Defendants. Transcript not necessary re 40 Notice of Appeal,. (dbrow, ) (Entered: 06/26/2014)

June 25, 2014 PACER
46

LETTER TO USCA and all counsel certifying the record is complete as to 40 Notice of Appeal, filed by Kathleen Sebelius, United States Department of Health and Human Services, Thomas E. Perez, Jacob J. Lew, United States Department of the Treasury, United States Department of Labor. A transcript order form was filed stating that a transcript is not necessary. (Appeal No. 14-1233) Text Only Entry (dbrow, ) (Entered: 06/26/2014)

June 26, 2014 PACER
47

MINUTE ORDER denying as moot 31 Motion to File Amicus Brief, by Judge Robert E. Blackburn on 7/23/2014.(trlee, ) (Entered: 07/23/2014)

July 23, 2014 PACER
48

ORDER of Administrative Closure. By Judge Robert E. Blackburn on 9/27/2016. (agarc, ) (Entered: 09/27/2016)

Sept. 27, 2016 RECAP
49

Unopposed MOTION to Withdraw as Attorney by Plaintiffs James C Dobson, Family Talk. (Bowman, Matthew) (Entered: 01/17/2017)

Jan. 17, 2017 PACER
50

MEMORANDUM regarding 49 Unopposed MOTION to Withdraw as Attorney filed by James C Dobson, Family Talk. Motion referred to Magistrate Judge Craig B. Shaffer by Judge Robert E. Blackburn on 1/17/17. Text Only Entry (rebsec) (Entered: 01/17/2017)

Jan. 17, 2017 PACER
51

ORDER granting 49 Motion to Withdraw as Attorney. Attorney Matthew Scott Bowman is terminated as counsel of record for Plaintiffs. The Clerk of Court shall terminate Ms. Bowman from any further electronic notifications in this case. By Magistrate Judge Craig B. Shaffer on 1/17/2017. Text Only Entry (cbslc2) (Entered: 01/17/2017)

Jan. 17, 2017 PACER
52

ORDER of USCA as to 40 Notice of Appeal, filed by Kathleen Sebelius, United States Department of Health and Human Services, Thomas E. Perez, Jacob J. Lew, United States Department of the Treasury, United States Department of Labor. This matter will remain abated pending receipt of the appellees response. (USCA Case No. 14-1233) (athom, ) (Entered: 07/21/2017)

July 21, 2017 RECAP
53

USCA Order as to 40 Notice of Appeal, filed by Kathleen Sebelius, United States Department of Health and Human Services, Thomas E. Perez, Jacob J. Lew, United States Department of the Treasury, United States Department of Labor : Appellants' Motion for Voluntary Dismissal is GRANTED, and this matter is dismissed pursuant to Fed. R. App. P. 42(b). (USCA Case No. 14-1233) (This document is not the Mandate) (athom, ) (Entered: 10/23/2017)

Oct. 23, 2017 RECAP
54

MANDATE of USCA as to 40 Notice of Appeal, filed by Kathleen Sebelius, United States Department of Health and Human Services, Thomas E. Perez, Jacob J. Lew, United States Department of the Treasury, United States Department of Labor, 53 USCA Order : (USCA Case No. 14-1233) (athom, ) (Entered: 10/23/2017)

Oct. 23, 2017 RECAP
55

Unopposed MOTION to Reopen Case, MOTION for Permanent Injunction and Declaratory Judgment by Plaintiffs James C Dobson, Family Talk. (Nussbaum, L.) (Entered: 06/19/2018)

June 19, 2018 PACER
56

BRIEF in Support of 55 Unopposed MOTION to Reopen Case MOTION for Permanent Injunction and Declaratory Judgment filed by Plaintiffs James C Dobson, Family Talk. (Attachments: # 1 Exhibit A - CBA Amicus Brief, # 2 Exhibit B - Wheaton College v. Hargan, # 3 Exhibit C - Catholic Benefits Assn v. Hargan, # 4 Exhibit D - Reaching Souls Int'l v. Azar, # 5 Exhibit E - So. Nazarene Univ. v. Azar, # 6 Exhibit F - Little Sisters of the Poor v. Azar, # 7 Exhibit G - Grace Schools v. Azar, # 8 Exhibit H - Dordt College v. Azar)(Nussbaum, L.) (Entered: 06/19/2018)

1 Exhibit A - CBA Amicus Brief

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2 Exhibit B - Wheaton College v. Hargan

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3 Exhibit C - Catholic Benefits Assn v. Hargan

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4 Exhibit D - Reaching Souls Int'l v. Azar

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5 Exhibit E - So. Nazarene Univ. v. Azar

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6 Exhibit F - Little Sisters of the Poor v. Azar

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7 Exhibit G - Grace Schools v. Azar

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8 Exhibit H - Dordt College v. Azar

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June 19, 2018 PACER
57

ORDER TO REOPEN CASE. The Plaintiffs' Motion to Reopen Proceedings and For Permanent Injunction and Declaratory Relief [# 55 ] is granted in part. Under D.C.COLO.LCivR 41.2, the clerk is directed to reopen this civil action. The order of reference to the magistrate judge [# 6 ], filed December 16, 2013, shall remain in full force and effect. I defer ruling on the motion [# 55 ] to the extent the plaintiffs seek a permanent injunction and declaratory relief. A response and reply to the motion for permanent injunction and declaratory relief shall be marshaled under D.C.COLO.LCivR 7.1(d). By Judge Robert E. Blackburn on 06/20/2018. (athom, ) (Entered: 06/20/2018)

June 20, 2018 PACER
58

RESPONSE to 55 MOTION for Permanent Injunction and Declaratory Judgment filed by Defendants Jacob J. Lew, Thomas E. Perez, Kathleen Sebelius, United States Department of Health and Human Services, United States Department of Labor, United States Department of the Treasury. (Bennett, Michelle) Modified on 7/11/2018 to correct text (athom, ). (Entered: 07/10/2018)

July 10, 2018 PACER
59

REPLY to Response to 55 MOTION for Permanent Injunction and Declaratory Judgment filed by Plaintiffs James C Dobson, Family Talk. (Nussbaum, L.) Modified on 7/18/2018 to correct text (athom, ). (Entered: 07/17/2018)

July 17, 2018 PACER
63

ADVISORY NOTICE TO ATTORNEY AND COURT: Under D.C.COLO.LAttyR 3(a), Kevin H. Theriot was administratively removed from the court's attorney roll and barred from filing electronically under CM/ECF for failing to pay the 2018 Biennial Fee. Each counsel must complete a Bar/ECF application through counsel's Attorney Services Portal account and pay the full application fee to be restored to the attorney roll and CM/ECF. Upon reinstatement, counsel must file a Notice of Entry of Appearance in this case. (Text Only Entry) (mfred) (Entered: 12/28/2019)

Dec. 28, 2019
60

REASSIGNING MAGISTRATE JUDGE. This action is reassigned to Magistrate Judge S. Kato Crews, upon his appointment. All future pleadings should reference Magistrate Judge Crews at the end of the civil action number (such as 15-cv-00001-PAB-SKC). Unless otherwise ordered, the dates and times for all previously scheduled matters will be maintained and will now be handled by Magistrate Judge Crews in Courtroom C-204. His chambers are located in Room C-253 of the Byron G. Rogers Courthouse. His telephone number is 303-335-2117. (Text only entry) (agarc, ) (Entered: 08/03/2018)

Aug. 3, 2018 PACER
61

ORDER by Judge Robert E. Blackburn on 3/26/2019, re: 55 Motion for Permanent Injunction and Declaratory Judgment is GRANTED IN PART on the terms stated in this order. ORDERED that, on or before April 26, 2019, the plaintiffs shall file a status report stating if they wish to proceed with their second through seventh claims for relief, as alleged in the complaint 31 . (sphil, ) (Entered: 03/26/2019)

March 26, 2019 RECAP

***Set/Reset Deadlines: Status Report due by 4/26/2019. (sphil, )

March 26, 2019 PACER
62

STATUS REPORT AND COMBINED MOTION FOR DISMISSAL OF NON-RFRA CLAIMS, ENTRY OF FINAL JUDGMENT, AND EXTENSION OF TIME TO SUBMIT MOTION FOR ATTORNEY'S FEES AND COSTS by Plaintiffs James C Dobson, Family Talk. (Speir, Ian) Modified on 4/17/2019 to correct event (athom, ). (Entered: 04/16/2019)

April 16, 2019 PACER
66

NOTICE of Settlement re Costs and Attorneys' Fees by Plaintiffs James C Dobson, Family Talk (Speir, Ian) (Entered: 03/24/2020)

March 24, 2020
64

Order on Motion for Extension of Time to File

March 13, 2020 PACER
65

Judgment

March 13, 2020 PACER

State / Territory: Colorado

Case Type(s):

Speech and Religious Freedom

Special Collection(s):

Contraception Insurance Mandate

Key Dates

Filing Date: Dec. 10, 2013

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

A non-profit corporation who believes the ACA's contraception insurance mandate, even with the accommodation for religious organizations, violates the founder's religious freedom.

Plaintiff Type(s):

Non-profit NON-religious organization

Non-profit religious organization

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

Jurisdiction-wide

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

Equal Protection

Establishment Clause

Free Exercise Clause

Freedom of speech/association

Availably Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Non-settlement Outcome

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Preliminary injunction / Temp. restraining order

Declaratory Judgment

Source of Relief:

Litigation

Order Duration: 2015 - None

Content of Injunction:

Preliminary relief granted

Issues

General:

Abortion

Contraception

Discrimination-basis:

Religion discrimination

Type of Facility:

Non-government non-profit