Case: Fellowship of Catholic University Students v. Sebelius

1:13-cv-03263 | U.S. District Court for the District of Colorado

Filed Date: Dec. 3, 2013

Clearinghouse coding complete

Case Summary

On December 3, 2013, a non-profit organization filed a lawsuit in the U.S. District Court for the District of Colorado 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 organiza…

On December 3, 2013, a non-profit organization filed a lawsuit in the U.S. District Court for the District of Colorado 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, is unconstitutional. Specifically, the plaintiff asked for both a preliminary and permanent injunction keeping the government from enforcing the contraception insurance mandate against the organization.

On January 15, 2014, the plaintiff filed a motion for partial summary judgment. On February 17, 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 March 11, 2014, the plaintiff filed a motion for preliminary injunction. The court granted the motion for preliminary injunction on April 23, 2014 consistent with the 10th Circuit's ruling in Hobby Lobby Stores, Inc. v. Sebelius, 723 F.3d 1114 (10th Cir. 2013). On September 30, 2014, following the Supreme Court's ruling in the Hobby Lobby case, the district court denied defendants' motion to dismiss as moot, and additionally denied defendants' motion for summary judgment without prejudice. The court also ordered plaintiffs to file a second amended complaint.

Plaintiffs filed an amended complaint on October 22, 2014, and filed a motion for summary judgment on December 1, 2014. The plaintiff stipulated to the dismissal of the case with prejudice on June 11, 2015, and the court terminated the case on June 12, 2015.

Summary Authors

Mallory Jones (3/15/2014)

Elizabeth Heise (11/13/2018)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/5459183/parties/fellowship-of-catholic-university-students-v-sebelius/


Judge(s)

Krieger, Marcia S. (Colorado)

Tafoya, Kathleen M. (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)

Decker, Natalie L (Colorado)

Norton, Michael Jeffrey (Colorado)

Theriot, Kevin H. (Kansas)

Attorneys(s) for Defendant

Humphreys, Bradley Philip (District of Columbia)

Judge(s)

Krieger, Marcia S. (Colorado)

Tafoya, Kathleen M. (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)

Decker, Natalie L (Colorado)

Norton, Michael Jeffrey (Colorado)

Theriot, Kevin H. (Kansas)

Attorneys(s) for Defendant

Humphreys, Bradley Philip (District of Columbia)

Other Attorney(s)

Amiri, Brigitte A. (New York)

Documents in the Clearinghouse

Document

Docket

June 12, 2015 Docket
1

Verified Complaint and Jury Demand

2013 WL 6240523

Dec. 3, 2013 Complaint
10

First Amended Verified Complaint and Jury Demand

2013 WL 6919433

Dec. 16, 2013 Complaint
12

Plaintiffs' Motion for Partial Summary Judgment

2014 WL 235009

Jan. 15, 2014 Pleading / Motion / Brief
18

Defendants' Memorandum in Opposition to Plaintiffs' Motion for Partial Summary Judgment

Feb. 13, 2014 Pleading / Motion / Brief
19

Defendants' Motion to Dismiss or, in the Alternative, for Summary Judgment

Feb. 17, 2014 Pleading / Motion / Brief
33-1

Brief in Support of Plaintiff's Motion for Preliminary Injunction

March 11, 2014 Pleading / Motion / Brief
33

Plaintiff's Motion for Preliminary Injunction

March 11, 2014 Pleading / Motion / Brief
53

Second Amended Complaint

Fellowship of Catholic University Students v. Burwell

Oct. 22, 2014 Complaint

Docket

See docket on RECAP: https://www.courtlistener.com/docket/5459183/fellowship-of-catholic-university-students-v-sebelius/

Last updated May 20, 2022, 3:30 a.m.

ECF Number Description Date Link
8

ORDER Setting Scheduling Conference for 3/5/2014 at 09:30 AM in Courtroom C201 before Magistrate Judge Kathleen M. Tafoya, by Magistrate Judge Kathleen M. Tafoya on 12/6/13. (sgrim)

Dec. 6, 2013 RECAP
1

COMPLAINT against Jacob J Lew, Thomas 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 1082−3642777)Attorney Michael Jeffrey Norton added to party Brenda Cannella(pty:pla), Attorney Michael Jeffrey Norton added to party Fellowship of Catholic University Students(pty:pla), Attorney Michael Jeffrey Norton added to party Curtis A Martin(pty:pla), Attorney Michael Jeffrey Norton added to party Craig Miller(pty:pla), Attorney Michael Jeffrey Norton added to party Cindy O'Boyle(pty:pla), filed by Craig Miller, Curtis A Martin, Brenda Cannella, Fellowship of Catholic University Students, Cindy O'Boyle.(Norton, Michael) (Entered: 12/03/2013)

Dec. 3, 2013
17

MINUTE ORDER. The Joint Motion to Set Briefing Schedule 15 is GRANTED in part and DENIED in part. Defendants shall answer or otherwise respond to the Complaint on or before February 13, 2014. The motion to set a briefing schedule regarding Plain tiffs' Motion for Partial Summary Judgment 12 is GRANTED. Defendants' response in opposition to Plaintiffs' motion for partial summary judgment shall be filed on or by February 13, 2014. Plaintiffs' reply in support of their m otion for partial summary judgment shall be filed on or by March 6, 2014. The motion to set a briefing schedule on Defendants' anticipated motion to dismiss or, in the alternative, motion for summary judgment is DENIED as premature. The motion to vacate the Order Setting Rule 16 (b) Scheduling Conference and Rule 26(f) Planning Meeting 8 is DENIED, by Magistrate Judge Kathleen M. Tafoya on 2/10/14.(sgrim)

Feb. 10, 2014 RECAP
2

Exhibits in Support of 1 Complaint,,, Exhibit A by Plaintiffs Brenda Cannella, Fellowship of Catholic University Students, Curtis A Martin, Craig Miller, Cindy O'Boyle. (Attachments: # 1 Exhibit B, # 2 Exhibit C, # 3 Exhibit D, # 4 Civil Cover Sheet, # 5 Summons, # 6 Summons, # 7 Summons, # 8 Summons, # 9 Summons, # 10 Summons)(Norton, Michael) (Entered: 12/03/2013)

Dec. 3, 2013
3

Case assigned to Chief Judge Marcia S. Krieger and drawn to Magistrate Judge Kathleen M. Tafoya. Text Only Entry (dbera, ) (Entered: 12/03/2013)

Dec. 3, 2013
34

ORDER AND RECOMMENDATION OF MAGISTRATE JUDGE. All discovery is stayed pending ruling on "Plaintiff's Motion for Partial Summary Judgment" [Doc. No. 12 ] and "Plaintiff's Motion for Preliminary Injunction, Certificate of Comp liance Re: Consultation and Request for Forthwith Consideration" [Doc. No. 33 ], or until further order of the court. It is Recommended that the District Court suspend consideration of Defendants' "Motion to Dismiss or, in the Alternative, for Summary Judgment" [Doc. No. 19 ] and that any response to that Motion from the Plaintiff be deferred until further order of the court. By Magistrate Judge Kathleen M. Tafoya on 3/25/2014. (klyon, )

March 25, 2014 RECAP
4

SUMMONS issued by Clerk. Magistrate Judge Consent Form attached. (Attachments: # 1 Summons, # 2 Summons, # 3 Summons, # 4 Summons, # 5 Summons, # 6 Magistrate Judge Consent Form) (dbera, ) (Entered: 12/03/2013)

Dec. 3, 2013
49

ORDER DENYING MOTION FOR PARTIAL SUMMARY JUDGMENT AND MOTION TO DISMISS AND DIRECTING THE FILING OF AN AMENDED COMPLAINT: IT IS THEREFORE ORDERED that (1) The Defendants' Motion to Dismiss or, in the alternative, for Summary Judgment 19 is DENIED as moot. (2) Plaintiffs' Motion for Summary Judgment 12 is DENIED without prejudice. (3) Within 30 days of the date of this Order, Plaintiffs shall file a Second Amended Complaint, failing which the case will be dismissed for failure to prosecute. by Chief Judge Marcia S. Krieger on 9/30/14.(msksec, )

Sept. 30, 2014 RECAP
5

CORPORATE DISCLOSURE STATEMENT. (Norton, Michael) (Entered: 12/03/2013)

Dec. 3, 2013
6

NOTICE OF CASE ASSOCIATION by Plaintiffs Brenda Cannella, Fellowship of Catholic University Students, Curtis A Martin, Craig Miller, Cindy O'Boyle (Norton, Michael) (Entered: 12/03/2013)

Dec. 3, 2013
7

ORDER REFERRING CASE to Magistrate Judge Kathleen M. Tafoya: IT IS ORDERED that pursuant to 28 U.S.C. § 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 to:(1)Convene a scheduling conference under Fed. R. Civ. P. 16(b), enter a Scheduling Order meeting the requirements of D.C.COLO.LCivR 16.2, enter such orders as appropriate to enforce the Scheduling Order, and resolve discovery matters;(2)ADR: Court sponsored alternative dispute resolution is governed by D.C.COLO.LCivR 16.6. On the recommendation or informal request of the magistrate judge or on the request of the parties by motion, the Court may direct the parties to engage in an early neutral evaluation, a settlement conference, or another alternative dispute resolution proceeding;(3)Hear and determine referred matters in accordance with 28 U.S.C. § 636(b)(1)(A) and (B). by Chief Judge Marcia S. Krieger on 12/4/13. Text Only Entry (msksec, ) (Entered: 12/04/2013)

Dec. 4, 2013
9

ORDER REGARDING CUSTODY OF EXHIBITS AND DEPOSITIONS USED IN EVIDENTIARY HEARINGS AND TRIALS: Any exhibits and depositions used during evidentiary hearings or trials, counsel for the parties shall retrieve the originals of such exhibits and depositions from the Court following the evidentiary hearing or trial, and shall retain same for 60 days beyond the later of the time to appeal or conclusion of any appellate proceedings. The Court will retain its copy of the exhibits for the same time period after which the documents will be destroyed. by Chief Judge Marcia S. Krieger on 12/6/13. Text Only Entry (mskcd) (Entered: 12/06/2013)

Dec. 6, 2013
10

AMENDED COMPLAINT against Jacob J. Lew, Thomas Perez, Kathleen Sebelius, United States Department of Health and Human Services, United States Department of Labor, United States Department of the Treasury, filed by Craig Miller, Curtis A Martin, Brenda Cannella, Fellowship of Catholic University Students, Cindy O'Boyle.(Norton, Michael) (Entered: 12/16/2013)

Dec. 16, 2013
11

NOTICE of Entry of Appearance by Bradley Philip Humphreys on behalf of All Defendants Attorney Bradley Philip Humphreys added to party Jacob J. Lew(pty:dft), Attorney Bradley Philip Humphreys added to party Thomas Perez(pty:dft), Attorney Bradley Philip Humphreys added to party Kathleen Sebelius(pty:dft), Attorney Bradley Philip Humphreys added to party United States Department of Health and Human Services(pty:dft), Attorney Bradley Philip Humphreys added to party United States Department of Labor(pty:dft), Attorney Bradley Philip Humphreys added to party United States Department of the Treasury (pty:dft) (Humphreys, Bradley) (Entered: 12/17/2013)

Dec. 17, 2013
12

MOTION for Partial Summary Judgment by Plaintiffs Brenda Cannella, Fellowship of Catholic University Students, Curtis A Martin, Craig Miller, Cindy O'Boyle. (Attachments: # 1 Exhibit A)(Norton, Michael) Modified on 2/10/2014 to show motion was not ruled on. (sgrim) (Entered: 01/15/2014)

Jan. 15, 2014
13

SUMMONS Returned Executed upon defendant(s) Kathleen Sebelius served on 12/12/2013, answer due 2/10/2014. (Norton, Michael) (Entered: 01/15/2014)

Jan. 15, 2014
14

AFFIDAVIT/RETURN of Service of Order Setting Rule 16(b) Scheduling Conference and Rule 26(f) Planning Meeting upon All Parties on 12/6/13, filed by Plaintiffs Brenda Cannella, Fellowship of Catholic University Students, Curtis A Martin, Craig Miller, Cindy O'Boyle (Norton, Michael) (Entered: 01/21/2014)

Jan. 21, 2014
15

Joint MOTION for Order to Set Briefing Schedule by Plaintiffs Brenda Cannella, Fellowship of Catholic University Students, Curtis A Martin, Craig Miller, Cindy O'Boyle. (Norton, Michael) (Entered: 01/27/2014)

Jan. 27, 2014
16

MEMORANDUM regarding 15 Joint MOTION for Order to Set Briefing Schedule filed by Cindy O'Boyle, Curtis A Martin, Fellowship of Catholic University Students, Brenda Cannella, Craig Miller. Motions referred to Magistrate Judge Kathleen M. Tafoya by Chief Judge Marcia S. Krieger on 1/28/14. Text Only Entry (msksec, ) (Entered: 01/28/2014)

Jan. 28, 2014
19

MOTION to Dismiss or, in the Alternative, for Summary Judgment by Defendants Jacob J. Lew, Thomas Perez, Kathleen Sebelius, United States Department of Health and Human Services, United States Department of Labor, United States Department of the Treasury. (Humphreys, Bradley) (Entered: 02/17/2014)

Feb. 17, 2014
20

Unopposed MOTION for Extension of Time to File Response/Reply as to 12 MOTION for Partial Summary Judgment by Plaintiffs Brenda Cannella, Fellowship of Catholic University Students, Curtis A Martin, Craig Miller, Cindy O'Boyle. (Norton, Michael) (Entered: 02/18/2014)

Feb. 18, 2014
21

MOTION to File Amicus Brief by Amicus Parties American Civil Liberties Union, American Civil Liberties Union of Colorado. (Attachments: # 1 Proposed Document Proposed Amicus Brief, # 2 Proposed Order (PDF Only))(Amiri, Brigitte) (Entered: 02/18/2014)

Feb. 18, 2014
22

RESPONSE to 21 MOTION to File Amicus Brief filed by Plaintiffs Brenda Cannella, Fellowship of Catholic University Students, Curtis A Martin, Craig Miller, Cindy O'Boyle. (Norton, Michael) (Entered: 02/19/2014)

Feb. 19, 2014
23

ORDER granting 20 Unopposed Motion for Extension of Time to File Response/Reply to Motion for Partial Summary Judgment. Extension granted up to and including March 11, 2014. by Chief Judge Marcia S. Krieger on 2/19/14. Text Only Entry(msksec, ) (Entered: 02/19/2014)

Feb. 19, 2014
24

NOTICE of Filing of Administrative Record by Defendants Jacob J. 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 Administrative Record Index)(Humphreys, Bradley) (Entered: 02/20/2014)

Feb. 20, 2014
25

ADMINISTRATIVE RECORD − 3 CDs marked Administrative Record Fellowshihp of Catholic University Students v. Sebelius Case No. 1:13−cv−03063−MSK−KMT District Colorado CD1, CD2 and CD3, by Defendants Jacob J. Lew, Thomas 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: 02/25/2014)

Feb. 24, 2014
26

Unopposed MOTION for Leave to Appear Telephonically at March 5, 2015 Rule 16 Conference by Defendants Jacob J. Lew, Thomas Perez, Kathleen Sebelius, United States Department of Health and Human Services, United States Department of Labor, United States Department of the Treasury. (Humphreys, Bradley) (Entered: 02/25/2014)

Feb. 25, 2014
27

MEMORANDUM regarding 26 Unopposed MOTION for Leave to Appear Telephonically at March 5, 2015 Rule 16 Conference filed by Kathleen Sebelius, United States Department of Health and Human Services, Jacob J. Lew, Thomas Perez, United States Department of the Treasury, United States Department of Labor. Motions referred to Magistrate Judge Kathleen M. Tafoya by Chief Judge Marcia S. Krieger on 2/26/14. Text Only Entry (msksec, ) (Entered: 02/26/2014)

Feb. 26, 2014
28

MINUTE ORDER granting 26 Motion for Leave to Appear Telephonically at March 5, 2014 Rule 16 Conference. Defendants may attend the Scheduling Conference by calling 303−335−2780 at the scheduled time. By Magistrate Judge Kathleen M. Tafoya on 2/26/14. Text Only Entry(kmtlc1 ) (Entered: 02/26/2014)

Feb. 26, 2014
29

Proposed Scheduling Order by Plaintiffs Brenda Cannella, Fellowship of Catholic University Students, Curtis A Martin, Craig Miller, Cindy O'Boyle. (Norton, Michael) (Entered: 02/26/2014)

Feb. 26, 2014
30

COURTROOM MINUTES for Scheduling Conference held on 3/5/2014 before Magistrate Judge Kathleen M. Tafoya. ORDERED: Counsel is directed to submit a proposed order to the Court addressing the potential stay on the narrowed scope of topics, as discussed, on or before March 12, 2014. A continued Telephonic Scheduling/Status Conference is set for April 17, 2014 at 10:00 a.m. in Courtroom C−201 before Magistrate Judge Kathleen M. Tafoya. Counsel does not have to object or respond to any propounded discovery at this time. FTR: S. Grimm − C201. (sgrim) (Entered: 03/05/2014)

March 5, 2014
31

REPLY to Response to 12 MOTION for Partial Summary Judgment filed by Plaintiffs Fellowship of Catholic University Students, Curtis A Martin, Craig Miller, Cindy O'Boyle. (Norton, Michael) (Entered: 03/10/2014)

March 10, 2014
32

Proposed Scheduling Order by Defendants Jacob J. Lew, Thomas Perez, Kathleen Sebelius, United States Department of Health and Human Services, United States Department of Labor, United States Department of the Treasury. (Humphreys, Bradley) (Entered: 03/10/2014)

March 10, 2014
33

MOTION for Preliminary Injunction by Plaintiffs Brenda Cannella, Fellowship of Catholic University Students, Curtis A Martin, Craig Miller, Cindy O'Boyle. (Attachments: # 1 Brief in Support, # 2 Proposed Order (PDF Only))(Norton, Michael) (Entered: 03/11/2014)

March 11, 2014
35

MINUTE ORDER: The parties shall file a Joint Status Report on or before 4/15/2014 regarding the need to hold the Status Conference set for 4/17/2014 in light of the stay of discovery and other matters entered on 3/25/2014 (See Doc. No. 34). By Magistrate Judge Kathleen M. Tafoya on 4/11/2014. Text Only Entry (kmtlc2) (Entered: 04/11/2014)

April 11, 2014
36

Joint STATUS REPORT by Plaintiffs Fellowship of Catholic University Students, Curtis A Martin, Craig Miller, Cindy O'Boyle. (Norton, Michael) (Entered: 04/14/2014)

April 14, 2014
37

MINUTE ORDER: The Status Conference/Scheduling Conference set for April 17, 2014, is VACATED. By Magistrate Judge Kathleen M. Tafoya on 4/15/14. Text Only Entry (kmtlc1 ) (Entered: 04/15/2014)

April 15, 2014
38

ORDER granting 21 Motion to File Amicus Brief. Having considered the Motion and the Response, the Motion is granted. Any brief shall be filed within 21 days of today's date. by Chief Judge Marcia S. Krieger on 04/22/14. Text Only Entry(msklc1, ) (Entered: 04/22/2014)

April 22, 2014
39

ORDER granting 33 Motion for Preliminary Injunction. The Motion 33 was served properly on Defendants through electronic filing on March 11, 2014. Pursuant to D.C.COLO.LCivR 7.1(d), Defendants' response was due 21 days thereafter. No response in opposition was timely filed. Treating the motion as unopposed, it is granted. by Chief Judge Marcia S. Krieger on 04/23/14. Text Only Entry(msklc1, ) (Entered: 04/23/2014)

April 23, 2014
40

ORDER adopting Report and Recommendations re 34 Report and Recommendations. The Magistrate Judge's Recommendation 34 is adopted in part. The Court has granted Plaintiffs' Unopposed Motion for Preliminary Injunction. Discovery has been stayed pending the Court's ruling on Plaintiffs' Motion for Partial Summary Judgment 12 . The Court defers ruling on such motion until after a determination is made by the United States Supreme Court in Hobby Lobby Stores, Inc. v. Sebelius, 723 F.3d 1114 (10th Cir. 2013) (en banc), cert. granted, 134 S.Ct. 678 (2013). The parties shall have 30 days after the Supreme Court issues its ruling in Hobby Lobby Stores, Inc. v. Sebelius, 723 F.3d 1114 (10th Cir. 2013) (en banc), cert. granted, 134 S.Ct. 678 (2013), to file supplemental briefing with regard to 12 . by Chief Judge Marcia S. Krieger on 04/23/14. Text Only Entry(msklc1, ) (Entered: 04/23/2014)

April 23, 2014
42

STATEMENT re 21 MOTION to File Amicus Brief , 41 Brief in Opposition to Motion, by Plaintiffs Fellowship of Catholic University Students, Curtis A Martin, Craig Miller, Cindy O'Boyle. (Norton, Michael) (Entered: 05/02/2014)

May 2, 2014
43

STATUS REPORT by Plaintiffs Brenda Cannella, Fellowship of Catholic University Students, Curtis A Martin, Craig Miller, Cindy O'Boyle. (Norton, Michael) (Entered: 07/16/2014)

July 16, 2014
44

BRIEF in Support of 12 MOTION for Partial Summary Judgment Plaintiffs' Supplemental Brief In Support of Their Motion for Partial Summary Judgment filed by Plaintiffs Brenda Cannella, Fellowship of Catholic University Students, Curtis A Martin, Craig Miller, Cindy O'Boyle. (Norton, Michael) (Entered: 07/30/2014)

July 30, 2014
45

MOTION for Extension of Time to File Supplemental Brief by Defendants Jacob J. Lew, Thomas Perez, Kathleen Sebelius, United States Department of Health and Human Services, United States Department of Labor, United States Department of the Treasury. (Humphreys, Bradley) (Entered: 07/30/2014)

July 30, 2014
46

BRIEF in Opposition to 12 MOTION for Partial Summary Judgment filed by Defendants Jacob J. Lew, Thomas Perez, Kathleen Sebelius, United States Department of Health and Human Services, United States Department of Labor, United States Department of the Treasury. (Humphreys, Bradley) (Entered: 09/15/2014)

Sept. 15, 2014
47

ORDER granting 45 Motion for Extension of Time to File Supplemental Brief. No response or objection having been filed, the Motion is GRANTED. by Chief Judge Marcia S. Krieger on 9/16/14. Text Only Entry(msksec, ) (Entered: 09/16/2014)

Sept. 16, 2014
48

RESPONSE to 46 Brief in Opposition to Motion, by Plaintiffs Brenda Cannella, Fellowship of Catholic University Students, Curtis A Martin, Craig Miller, Cindy O'Boyle. (Norton, Michael) (Entered: 09/17/2014)

Sept. 17, 2014
50

MOTION to Amend/Correct/Modify 10 Amended Complaint, by Plaintiffs Brenda Cannella, Fellowship of Catholic University Students, Curtis A Martin, Craig Miller, Cindy O'Boyle. (Attachments: # 1 Second Amended Verified Complaint and Jury Demand, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F)(Norton, Michael) (Entered: 10/22/2014)

Oct. 22, 2014
51

MEMORANDUM regarding 50 MOTION to Amend/Correct/Modify 10 Amended Complaint, filed by Cindy O'Boyle, Curtis A Martin, Fellowship of Catholic University Students, Brenda Cannella, Craig Miller. Motions referred to Magistrate Judge Kathleen M. Tafoya by Chief Judge Marcia S. Krieger on 10/22/14. Text Only Entry (msksec, ) (Entered: 10/22/2014)

Oct. 22, 2014
52

MINUTE ORDER granting 50 Motion to Amend Complaint. In her Order dated September 30, 2014, Chief District Judge Marcia S. Krieger ordered Plaintiffs to file an amended complaint within thirty days. Therefore, Plaintiff's motion to amend is granted. Plaintiffs may file their Second Verified Complaint no later than October 30, 2014. By Magistrate Judge Kathleen M. Tafoya on 10/22/14. Text Only Entry(kmtlc1 ) (Entered: 10/22/2014)

Oct. 22, 2014
53

AMENDED COMPLAINT against American Civil Liberties Union, American Civil Liberties Union of Colorado, Jacob J. Lew, Thomas Perez, Kathleen Sebelius, United States Department of Health and Human Services, United States Department of Labor, United States Department of the Treasury, filed by Craig Miller, Curtis A Martin, Brenda Cannella, Fellowship of Catholic University Students, Cindy O'Boyle. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F)(Norton, Michael) (Entered: 10/22/2014)

Oct. 22, 2014
54

MOTION for Summary Judgment by Plaintiffs Brenda Cannella, Fellowship of Catholic University Students, Curtis A Martin, Craig Miller, Cindy O'Boyle. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Norton, Michael) (Entered: 12/01/2014)

Dec. 1, 2014
55

Exhibits in Support of 54 MOTION for Summary Judgment Proposed Judgment and Permanent Injunction Order by Plaintiffs Brenda Cannella, Fellowship of Catholic University Students, Curtis A Martin, Craig Miller, Cindy O'Boyle. (Norton, Michael) (Entered: 12/01/2014)

Dec. 1, 2014
56

Unopposed MOTION for Extension of Time to File Response/Reply as to 54 MOTION for Summary Judgment by Defendants Jacob J. 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 Proposed Order (PDF Only))(Humphreys, Bradley) (Entered: 12/22/2014)

Dec. 22, 2014
57

Joint MOTION to Stay re 54 MOTION for Summary Judgment by Defendants Jacob J. 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 Proposed Order (PDF Only))(Humphreys, Bradley) (Entered: 12/26/2014)

Dec. 26, 2014
58

ORDER granting 56 Motion for Extension of Time to File Response/Reply to Motion for Summary Judgment. Extension granted up to and including December 29, 2014. by Chief Judge Marcia S. Krieger on 12/29/14. Text Only Entry(msksec, ) (Entered: 12/29/2014)

Dec. 29, 2014
59

ORDER: This motion requests that briefing on the pending Motion for Summary Judgment 54 be stayed until three cases with similar issues are resolved by the Tenth Circuit Court of Appeals. The parties agree that the determination of the cases on appeal may affect determination of the issues presented here, but there is no representation as to whether the resolution of one, two or all of the cases will be necessary nor when such resolution is anticipated. In essence, the parties request an indefinite stay of briefing, but seek to have the injunction 39 remain in effect. The Court quite agrees with the parties' assessment that current briefing of the pending Motion of Summary Judgment would be inefficient, but imposition of an indefinite stay is less than ideal. Therefore, the Court denies the motion for stay 57 , but also denies the pending Motion for Summary Judgment 54 , with leave to reinstate it within 10 days of the expiration of the period of appeal from the last decision rendered by the Tenth Circuit Court of Appeals in the cases identified. In the event that a writ of certiorari is sought with regard to any of the identified cases, a further extension is granted until 10 days after the date that such petition is ruled upon. by Chief Judge Marcia S. Krieger on 12/29/14. Text Only Entry(msksec, ) (Entered: 12/29/2014)

Dec. 29, 2014
60

NOTICE of Entry of Appearance by Michelle Renee Bennett on behalf of Jacob J. Lew, Thomas Perez, Kathleen Sebelius, United States Department of Health and Human Services, United States Department of Labor, United States Department of the Treasury Attorney Michelle Renee Bennett added to party Jacob J. Lew(pty:dft), Attorney Michelle Renee Bennett added to party Thomas 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: 03/13/2015)

March 13, 2015
61

STIPULATION of Dismissal of Case WITH PREJUDICE by Plaintiff Fellowship of Catholic University Students. (Norton, Michael) (Entered: 06/11/2015)

June 11, 2015
62

Civil Case Terminated pursuant to the stipulation to dismiss filed in this case on

June 12, 2015

State / Territory: Colorado

Case Type(s):

Speech and Religious Freedom

Special Collection(s):

Contraception Insurance Mandate

Key Dates

Filing Date: Dec. 3, 2013

Case Ongoing: No

Plaintiffs

Plaintiff Description:

A non-profit organization that believes the ACA's contraception insurance mandate, including the accommodation for religious organizations, violates the members' religious beliefs.

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):

Freedom of speech/association

Free Exercise Clause

Establishment Clause

Equal Protection

Due Process

Availably Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

None

Source of Relief:

None

Content of Injunction:

Preliminary relief granted

Issues

General:

Contraception

Discrimination-basis:

Religion discrimination

Type of Facility:

Non-government non-profit