Case: Michigan Catholic Conference v. Sebelius

1:13-cv-01247 | U.S. District Court for the Western District of Michigan

Filed Date: Nov. 14, 2013

Closed Date: 2017

Clearinghouse coding complete

Case Summary

On November 14, 2013, a group of Catholic non-profit organizations filed a lawsuit in U.S. District Court for the Western District of Michigan claiming violations of the First Amendment. According to the plaintiffs, the Religious Freedom Restoration Act (RFRA) and the Administrative Procedure Act should have barred the defendant U.S. Department of Health and Human Services from enforcing the the Affordable Care Act's (ACA) contraception insurance requirements, even with its accommodations for n…

On November 14, 2013, a group of Catholic non-profit organizations filed a lawsuit in U.S. District Court for the Western District of Michigan claiming violations of the First Amendment. According to the plaintiffs, the Religious Freedom Restoration Act (RFRA) and the Administrative Procedure Act should have barred the defendant U.S. Department of Health and Human Services from enforcing the the Affordable Care Act's (ACA) contraception insurance requirements, even with its accommodations for non-profit organizations. The plaintiffs sought a declaratory judgment that the mandate was unconstitutional. The plaintiffs also asked for a permanent injunction to keep the government from enforcing any contraception coverage requirement against the organizations and other similarly situated religious non-profits. They alleged that the ACA's religious accommodations were a "shell game" that still in effect required them to provide contraceptive coverage to employees.

On November 20, 2013, the plaintiffs filed a motion for preliminary injunction. On December 27, 2013, U.S. District Court (Judge Gordon J. Quist) denied it on the grounds that the ACA accommodations did not substantially burden the plaintiffs' religious freedom under RFRA or cause the plaintiffs irreparable harm. 989 F.Supp.2d 577. The plaintiffs appealed the decision to the U.S. Court of Appeals for the Sixth Circuit. And on January 3, 2014, U.S. District Court (Judge Gordon J. Quist) granted the plaintiff's motion for injunctive relief pending appeal.

On January 13, 2014, the Sixth Circuit Court of Appeals granted the government's motion to consolidate this appeal with Roman Catholic Diocese of Nashville v. Sebelius. Oral arguments took place on May 8, 2014 before Circuit Judges Karen Nelson Moore and John M. Rogers, and District Judge John Nixon (sitting by designation).

On June 11, 2014, in an opinion by Judge Moore, the Sixth Circuit affirmed the district court's denial of a preliminary injunction for all plaintiffs. Organizations exempt from the contraception mandate faced no burden on the exercise of their religion, and therefore were unlikely to succeed in proving a violation of the Religious Freedom Restoration Act. 989 F.Supp.2d 577.

On December 18, 2014, the Supreme Court issued a letter notifying the district court that the plaintiff had filed a petition for certiorari regarding the Sixth Circuit's denial of a preliminary injunction. The district court dismissed the defendant's summary judgment motion pending the Supreme Court's decision on the plaintiff's petition. On May 29, 2015, the Supreme Court issued a judgment vacating the denial of the plaintiff's requested preliminary injunction. The Court remanded the case to the Sixth Circuit in light of the Court's decision in Burwell v. Hobby Lobby, which held that the ACA's contraception coverage mandate exemption for religious non-profits should be extended to closely held private corporations.

On August 21, 2015, a Sixth Circuit panel consisting of Judges Moore and Rogers (as well as District Judge Nixon serving by designation) affirmed its previous denial of a preliminary injunction: the plaintiffs—all non-profits rather than closely held corporations—could not show that the ACA's existing exemptions and accommodations placed a substantial burden on them. 807 F.3d 738.

On March 9, 2016, the plaintiffs' again filed a petition for writ of certiorari with the Supreme Court. On June 24, 2016, the Supreme Court issued an order remanding the case to the Sixth Circuit for further consideration in light of Zubik v. Burwell, in which the Court had declined to strike down the existing ACA accommodations for religious non-profits. On November 2, 2017, the plaintiffs entered a joint stipulation of dismissal and the case is now closed.

Summary Authors

Mallory Jones (3/15/2014)

Nathaniel Flack (1/24/2019)

Related Cases

Weingartz Supply Co. v. Sebelius, Eastern District of Michigan (2012)

Right to Life Michigan v. Sebelius, Western District of Michigan (2013)

Roman Catholic Diocese of Nashville v. Sebelius, Middle District of Tennessee (2013)

The Ave Maria Foundation v. Sebelius, Eastern District of Michigan (2013)

Union University v. Sebelius, Western District of Tennessee (2014)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/5105103/parties/michigan-catholic-conference-v-sebelius/


Judge(s)

Batchelder, Alice Moore (Ohio)

Moore, Karen Nelson (Ohio)

Quist, Gordon Jay (Michigan)

Rogers, John M (Ohio)

Siler, Eugene Edward Jr. (Kentucky)

Stranch, Jane Branstetter (Tennessee)

Attorneys(s) for Plaintiff

Bardelli, Edward J. (Michigan)

DeJulius, Leon F. Jr. (Pennsylvania)

Flannery, Jennifer Brinkman (Ohio)

Goetz, John D. (Pennsylvania)

Judge(s)

Batchelder, Alice Moore (Ohio)

Moore, Karen Nelson (Ohio)

Quist, Gordon Jay (Michigan)

Rogers, John M (Ohio)

Siler, Eugene Edward Jr. (Kentucky)

Stranch, Jane Branstetter (Tennessee)

Attorneys(s) for Plaintiff

Bardelli, Edward J. (Michigan)

DeJulius, Leon F. Jr. (Pennsylvania)

Flannery, Jennifer Brinkman (Ohio)

Goetz, John D. (Pennsylvania)

Kairis, Matthew A (Ohio)

Kennedy, Ian R. (Michigan)

Kilmartin, Alison J. (Pennsylvania)

O'Reilly, Rebecca D'Arcy (Michigan)

Pohl, Paul M. (Pennsylvania)

Raimer, David T. (District of Columbia)

Van Dusen, Thomas (Michigan)

Wilson, Paula Batt (Ohio)

Attorneys(s) for Defendant

Delery, Stuart F. (District of Columbia)

Hartnett, Kathleen R. (District of Columbia)

Miles, Patrick A. Jr. (District of Columbia)

Pruski, Jacek (District of Columbia)

Ricketts, Jennifer (District of Columbia)

Shumate, Brett (District of Columbia)

Expert/Monitor/Master

Harris, Scott Sutherland (District of Columbia)

Documents in the Clearinghouse

Document

1:13-cv-01247

Docket

Nov. 2, 2017

Nov. 2, 2017

Docket
1

1:13-cv-01247

Complaint and Demand for Jury Trial

Nov. 14, 2013

Nov. 14, 2013

Complaint
9

1:13-cv-01247

Plaintiffs' Motion for Preliminary Injunction and Request for Oral Argument

Nov. 20, 2013

Nov. 20, 2013

Pleading / Motion / Brief
15

1:13-cv-01247

Memorandum of Law in Support of Plaintiffs' Motion for Preliminary Injunction and Request for Oral Argument

Nov. 27, 2013

Nov. 27, 2013

Pleading / Motion / Brief
22

1:13-cv-01247

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

Dec. 16, 2013

Dec. 16, 2013

Pleading / Motion / Brief
25

1:13-cv-01247

Defendants' Combined Memorandum in Opposition to Plaintiffs' Motion for Preliminary Injunction, and in Support of Motion to Dismiss Or, In the alternative, for Summary Judgment

Dec. 17, 2013

Dec. 17, 2013

Pleading / Motion / Brief
43

1:13-cv-01247

Plaintiffs' Motion for Preliminary Injunction Pending Appeal

Dec. 27, 2013

Dec. 27, 2013

Pleading / Motion / Brief
41

1:13-cv-01247

Order Denying Motion for Preliminary Injunction

Dec. 27, 2013

Dec. 27, 2013

Order/Opinion
40

1:13-cv-01247

Opinion

989 F.Supp.2d 577

Dec. 27, 2013

Dec. 27, 2013

Order/Opinion
44

1:13-cv-01247

Memorandum of Law in Support of Plaintiffs' Motion for Preliminary Injunction Pending Appeal

Dec. 27, 2013

Dec. 27, 2013

Pleading / Motion / Brief

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/5105103/michigan-catholic-conference-v-sebelius/

Last updated Aug. 4, 2022, 3:07 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT with jury demand against All Defendants filed by Michigan Catholic Conference, Catholic Family Services d/b/a Catholic Charities Diocese of Kalamazoo (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E)(Kairis, Matthew) (Entered: 11/14/2013)

1 Exhibit A

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2 Exhibit B

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3 Exhibit C

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4 Exhibit D

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5 Exhibit E

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Nov. 14, 2013

Nov. 14, 2013

PACER
2

Continued EXHIBIT re 1 Complaint by plaintiffs Catholic Family Services d/b/a Catholic Charities Diocese of Kalamazoo, Michigan Catholic Conference (Attachments: # 1 Exhibit F, # 2 Exhibit G, # 3 Exhibit H)(Kairis, Matthew) (Entered: 11/14/2013)

1 Exhibit F

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2 Exhibit G

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3 Exhibit H

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Nov. 14, 2013

Nov. 14, 2013

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3

PROPOSED SUMMONS to be issued re 1 (Kairis, Matthew) (Entered: 11/14/2013)

Nov. 14, 2013

Nov. 14, 2013

PACER
4

MOTION for leave to file excess pages by plaintiffs Catholic Family Services d/b/a Catholic Charities Diocese of Kalamazoo, Michigan Catholic Conference; (Attachments: # 1 Exhibit A, # 2 Proposed Order)(Kairis, Matthew) (Entered: 11/14/2013)

1 Exhibit A

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2 Proposed Order

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Nov. 14, 2013

Nov. 14, 2013

PACER
5

CORPORATE DISCLOSURE STATEMENT by Michigan Catholic Conference (Kairis, Matthew) (Entered: 11/14/2013)

Nov. 14, 2013

Nov. 14, 2013

PACER
6

CORPORATE DISCLOSURE STATEMENT by Catholic Family Services d/b/a Catholic Charities Diocese of Kalamazoo (Kairis, Matthew) (Entered: 11/14/2013)

Nov. 14, 2013

Nov. 14, 2013

PACER

RECEIPT: Filing fee in the amount of $400.00 paid by Matthew A. Kairis, receipt number 0646-2735591; (ns)

Nov. 14, 2013

Nov. 14, 2013

PACER
7

NOTICE that this case has been assigned to Judge Gordon J. Quist (pjw) (Entered: 11/15/2013)

Nov. 15, 2013

Nov. 15, 2013

PACER
8

SUMMONS ISSUED as to defendants Jacob J. Lew, Thomas Perez, Kathleen Sebelius, U.S. Department of Health & Human Services, U.S. Department of Labor, U.S. Department of Treasury, U.S. Attorney and U.S. Attorney General (pjw) (Entered: 11/15/2013)

Nov. 15, 2013

Nov. 15, 2013

PACER
9

MOTION for preliminary injunction and request for oral argument by plaintiffs Catholic Family Services, Michigan Catholic Conference; (Attachments: # 1 Proposed Order)(Kairis, Matthew) (Entered: 11/20/2013)

1 Proposed Order

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Nov. 20, 2013

Nov. 20, 2013

PACER
10

AMENDED MOTION for leave to file excess pages for Memorandum of Law in Support of Plaintiffs' Motion for Preliminary Injunction by plaintiffs Catholic Family Services, Michigan Catholic Conference; (Attachments: # 1 Proposed Order, # 2 Exhibit 1, # 3 Exhibit A attached to Ex. 1, # 4 Exhibit B attached to Ex. 1, # 5 Exhibit C attached to Ex. 1)(Kairis, Matthew) (Entered: 11/20/2013)

1 Proposed Order

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2 Exhibit 1

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3 Exhibit A attached to Ex. 1

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4 Exhibit B attached to Ex. 1

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5 Exhibit C attached to Ex. 1

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Nov. 20, 2013

Nov. 20, 2013

PACER
11

Continued (Part 1 of 3) EXHIBIT re 15 Memorandum of Law in Support of Plaintiffs' Motion for Preliminary Injunction Attached as Ex. 1 to Plaintiffs' Amended Motion for Leave to File Excess Pages for Memorandum of Law in Support of Plaintiffs' Motion for Preliminary Injunction by plaintiffs Catholic Family Services, Michigan Catholic Conference (Attachments: # 1 Exhibit D attached to Ex. 1, # 2 Exhibit E attached to Ex. 1, # 3 Exhibit F attached to Ex. 1, # 4 Exhibit G attached to Ex. 1, # 5 Exhibit H attached to Ex. 1)(Kairis, Matthew) Modified file date and document link on 12/2/2013 (pjw) (Entered: 11/20/2013)

1 Exhibit D attached to Ex. 1

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2 Exhibit E attached to Ex. 1

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3 Exhibit F attached to Ex. 1

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4 Exhibit G attached to Ex. 1

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5 Exhibit H attached to Ex. 1

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Nov. 27, 2013

Nov. 27, 2013

PACER
12

Continued (Part 2 of 3) EXHIBIT re 15 Memorandum of Law in Support of Plaintiffs' Motion for Preliminary Injunction Attached as Ex. 1 to Plaintiffs' Amended Motion for Leave to File Excess Pages for Memorandum of Law in Support of Plaintiffs' Motion for Preliminary Injunction by plaintiffs Catholic Family Services, Michigan Catholic Conference (Attachments: # 1 Exhibit I attached to Ex. 1, # 2 Exhibit J attached to Ex. 1, # 3 Exhibit K attached to Ex. 1, # 4 Exhibit L attached to Ex. 1, # 5 Exhibit M attached to Ex. 1)(Kairis, Matthew) Modified file date and document link on 12/2/2013 (pjw) (Entered: 11/20/2013)

1 Exhibit I attached to Ex. 1

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2 Exhibit J attached to Ex. 1

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3 Exhibit K attached to Ex. 1

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4 Exhibit L attached to Ex. 1

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5 Exhibit M attached to Ex. 1

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Nov. 27, 2013

Nov. 27, 2013

PACER
13

Continued (Part 3 of 3) EXHIBIT re 15 Memorandum of Law in Support of Plaintiffs' Motion for Preliminary Injunction Attached as Ex. 1 to Plaintiffs' Amended Motion for Leave to File Excess Pages for Memorandum of Law in Support of Plaintiffs' Motion for Preliminary Injunction by plaintiffs Catholic Family Services, Michigan Catholic Conference (Attachments: # 1 Exhibit N attached to Ex. 1)(Kairis, Matthew) Modified file date and document link on 12/2/2013 (pjw) (Entered: 11/20/2013)

1 Exhibit N attached to Ex. 1

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Nov. 27, 2013

Nov. 27, 2013

PACER
14

ORDER granting 10 motion for leave to file; signed by Judge Gordon J. Quist (Judge Gordon J. Quist, jmt) (Entered: 11/27/2013)

Nov. 27, 2013

Nov. 27, 2013

PACER
15

MEMORANDUM in support of Motion for Preliminary Injunction 9 and request for oral argument filed by Catholic Family Services, Michigan Catholic Conference (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(pjw) (Entered: 12/02/2013)

1 Exhibit A

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2 Exhibit B

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3 Exhibit C

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Nov. 27, 2013

Nov. 27, 2013

PACER
16

MOTION to expedite Argument on Motion for Preliminary Injunction During the Week of December 16 by plaintiffs Catholic Family Services, Michigan Catholic Conference; (Attachments: # 1 Proposed Order)(Kairis, Matthew) (Entered: 12/03/2013)

1 Proposed Order

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Dec. 3, 2013

Dec. 3, 2013

PACER
17

NOTICE re 16 Response to Plaintiffs' Motion to Expedite Argument by defendants Jacob J. Lew, Thomas Perez, Kathleen Sebelius, U.S. Department of Health & Human Services, U.S. Department of Labor, U.S. Department of Treasury (Pruski, Jacek) (Entered: 12/04/2013)

Dec. 4, 2013

Dec. 4, 2013

PACER

RESPONSE TO MOTION to expedite Argument on Motion for Preliminary Injunction During the Week of December 16 16 (as taken from 17 ) filed by Jacob J. Lew, Thomas Perez, Kathleen Sebelius, U.S. Department of Health & Human Services, U.S. Department of Labor, U.S. Department of Treasury (pjw)

Dec. 4, 2013

Dec. 4, 2013

PACER
18

NOTICE to attorney Jacek Pruski regarding recent filing 17 (pjw) (Entered: 12/05/2013)

Dec. 5, 2013

Dec. 5, 2013

PACER

(NON-DOCUMENT) ATTORNEY APPEARANCE of Paula Batt Wilson on behalf of plaintiffs Catholic Family Services, Michigan Catholic Conference (Wilson, Paula)

Dec. 5, 2013

Dec. 5, 2013

PACER

(NON-DOCUMENT) ATTORNEY APPEARANCE of Alison Kilmartin on behalf of plaintiffs Catholic Family Services, Michigan Catholic Conference (Kilmartin, Alison)

Dec. 5, 2013

Dec. 5, 2013

PACER
19

SCHEDULING ORDER re 9 : Defendants to file by 12/16/2013; oral argument set by telephone on 12/19/2013 at 2:00 PM; signed by Judge Gordon J. Quist (Judge Gordon J. Quist, jmt) (Entered: 12/06/2013)

Dec. 6, 2013

Dec. 6, 2013

PACER
20

NOTICE re 9 Notice of Supplemental Authority relevant to Plaintiffs' Motion for Preliminary Injunction by plaintiffs Catholic Family Services, Michigan Catholic Conference (Attachments: # 1 Exhibit A)(Kairis, Matthew) (Entered: 12/11/2013)

1 Exhibit A

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Dec. 11, 2013

Dec. 11, 2013

PACER

(NON-DOCUMENT) ATTORNEY APPEARANCE of Jennifer Brinkman Flannery on behalf of plaintiffs Catholic Family Services, Michigan Catholic Conference (Flannery, Jennifer)

Dec. 12, 2013

Dec. 12, 2013

PACER
21

CONSENT MOTION for leave to file excess pages by defendants Jacob J. Lew, Thomas Perez, Kathleen Sebelius, U.S. Department of Health & Human Services, U.S. Department of Labor, U.S. Department of Treasury; (Attachments: # 1 Proposed combine Memorandum in opposition to motion for preliminary injunction and in support of motion to dismiss, or in the alternative, for summary judgment )(Pruski, Jacek) Modified text on 12/17/2013 (pjw) (Entered: 12/16/2013)

1 Attachment Defs.' Combined Mem. in Opp'n to Pls.' Mot. for Prelim

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Dec. 16, 2013

Dec. 16, 2013

PACER
22

MOTION to dismiss, or in the alternative, for summary judgment by defendants Jacob J. Lew, Thomas Perez, Kathleen Sebelius, U.S. Department of Health & Human Services, U.S. Department of Labor, U.S. Department of Treasury; (Pruski, Jacek) (Entered: 12/16/2013)

Dec. 16, 2013

Dec. 16, 2013

PACER
23

NOTICE of Filing of Certified Administrative Record by defendants Jacob J. Lew, Thomas Perez, Kathleen Sebelius, U.S. Department of Health & Human Services, U.S. Department of Labor, U.S. Department of Treasury (Attachments: # 1 Exhibit Index to Admin. Record, # 2 Exhibit Certification of Record)(Pruski, Jacek) (Entered: 12/16/2013)

1 Exhibit Index to Admin. Record

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2 Exhibit Certification of Record

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Dec. 16, 2013

Dec. 16, 2013

PACER
24

ORDER granting 21 motion for leave to file excess pages; signed by Judge Gordon J. Quist (Judge Gordon J. Quist, jmt) (Entered: 12/17/2013)

Dec. 17, 2013

Dec. 17, 2013

PACER
25

RESPONSE in opposition to MOTION for preliminary injunction and request for oral argument 9 filed by Jacob J. Lew, Thomas Perez, Kathleen Sebelius, U.S. Department of Health & Human Services, U.S. Department of Labor, U.S. Department of Treasury (pjw) (Entered: 12/17/2013)

Dec. 17, 2013

Dec. 17, 2013

PACER

MEMORANDUM in support of Motion to Dismiss, or in the alternative, for Summary Judgment 22 (as taken from Doc 25 ) filed by Jacob J. Lew, Thomas Perez, Kathleen Sebelius, U.S. Department of Health & Human Services, U.S. Department of Labor, U.S. Department of Treasury(pjw)

Dec. 17, 2013

Dec. 17, 2013

PACER
26

CONSENT MOTION for leave to file excess pages for Plaintiffs' Reply in Support of Motion for Preliminary Injunction by plaintiffs Catholic Family Services, Michigan Catholic Conference; (Attachments: # 1 Proposed Order, # 2 Exhibit 1 - Plaintiffs' Reply in Support of Motion for Preliminary Injunction, # 3 Exhibit A to Plaintiffs' Reply, # 4 Exhibit B to Plaintiffs' Reply, # 5 Exhibit C to Plaintiffs' Reply)(Kairis, Matthew) (Entered: 12/17/2013)

1 Proposed Order

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2 Exhibit 1 - Plaintiffs' Reply in Support of Motion for Preliminary Injuncti

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3 Exhibit A to Plaintiffs' Reply

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4 Exhibit B to Plaintiffs' Reply

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5 Exhibit C to Plaintiffs' Reply

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Dec. 17, 2013

Dec. 17, 2013

PACER
27

CONTINUED EXHIBITS re 26 [26-2] Plaintiffs' Reply in Support of Motion for Preliminary Injunction by plaintiffs Catholic Family Services, Michigan Catholic Conference (Attachments: # 1 Exhibit D to Plaintiffs' Reply, # 2 Exhibit E to Plaintiffs' Reply, # 3 Exhibit F to Plaintiffs' Reply)(Kairis, Matthew) Modified text on 12/18/2013 (dfw). (Entered: 12/17/2013)

1 Exhibit D to Plaintiffs' Reply

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2 Exhibit E to Plaintiffs' Reply

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3 Exhibit F to Plaintiffs' Reply

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Dec. 17, 2013

Dec. 17, 2013

PACER
28

ADMINISTRATIVE RECORD (three CD's submitted and placed on shelf 23 ) by defendants Jacob J. Lew, Thomas Perez, Kathleen Sebelius, U.S. Department of Health & Human Services, U.S. Department of Labor, U.S. Department of Treasury (mkc) (Entered: 12/18/2013)

Dec. 17, 2013

Dec. 17, 2013

PACER

(NON-DOCUMENT) ATTORNEY APPEARANCE of Ian Robert Kennedy on behalf of plaintiff Catholic Family Services and appearance of Edward J. Bardelli (Kennedy, Ian)

Dec. 19, 2013

Dec. 19, 2013

PACER

(NON-DOCUMENT) ATTORNEY APPEARANCE of Rebecca D'Arcy O'Reilly on behalf of plaintiff Michigan Catholic Conference (O'Reilly, Rebecca)

Dec. 19, 2013

Dec. 19, 2013

PACER

(NON-DOCUMENT) ATTORNEY APPEARANCE of Thomas Van Dusen on behalf of plaintiff Michigan Catholic Conference (Van Dusen, Thomas)

Dec. 19, 2013

Dec. 19, 2013

PACER
29

MINUTES of motion hearing re 9 MOTION for preliminary injunction and request for oral argument filed by Catholic Family Services, Michigan Catholic Conference held by telephone before Judge Gordon J. Quist (Proceedings Digitally Recorded) (Judge Gordon J. Quist, jmt) (Entered: 12/20/2013)

Dec. 19, 2013

Dec. 19, 2013

PACER
30

NOTICE re 9 of Supplemental Authority by plaintiffs Catholic Family Services, Michigan Catholic Conference (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Kairis, Matthew) (Entered: 12/20/2013)

1 Exhibit A

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2 Exhibit B

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3 Exhibit C

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Dec. 20, 2013

Dec. 20, 2013

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31

NOTICE re 9 of Supplemental Authority by defendants Jacob J. Lew, Thomas Perez, Kathleen Sebelius, U.S. Department of Health & Human Services, U.S. Department of Labor, U.S. Department of Treasury (Attachments: # 1 Attachment Roman Catholic Archbishop of Washington v. Sebelius - Mem. and Op., # 2 Attachment University of Notre Dame v. Sebelius - Order Denying Prelim. Inj.)(Pruski, Jacek) (Entered: 12/21/2013)

1 Attachment Roman Catholic Archbishop of Washington v. Sebelius - Mem. and Op.

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2 Attachment University of Notre Dame v. Sebelius - Order Denying Prelim. Inj.

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Dec. 21, 2013

Dec. 21, 2013

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32

NOTICE re 31 Response to Defendants' Notice of Supplemental Authority by plaintiffs Catholic Family Services, Michigan Catholic Conference (Kairis, Matthew) (Entered: 12/23/2013)

Dec. 23, 2013

Dec. 23, 2013

PACER
33

NOTICE re 9 of Supplemental Authority by plaintiffs Catholic Family Services, Michigan Catholic Conference (Attachments: # 1 Exhibit A)(Kairis, Matthew) (Entered: 12/23/2013)

1 Exhibit A

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Dec. 23, 2013

Dec. 23, 2013

PACER
34

NOTICE re 9 of Supplemental Authority by plaintiffs Catholic Family Services, Michigan Catholic Conference (Attachments: # 1 Exhibit A)(Kairis, Matthew) (Entered: 12/23/2013)

1 Exhibit A

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Dec. 23, 2013

Dec. 23, 2013

PACER
35

NOTICE re 33, 34, 30 Response to Plaintiffs' Notices of Supplemental Authority by defendants Jacob J. Lew, Thomas Perez, Kathleen Sebelius, U.S. Department of Health & Human Services, U.S. Department of Labor, U.S. Department of Treasury (Pruski, Jacek) (Entered: 12/24/2013)

Dec. 24, 2013

Dec. 24, 2013

PACER
36

NOTICE re 9 of Supplemental Authority by defendants Jacob J. Lew, Thomas Perez, Kathleen Sebelius, U.S. Department of Health & Human Services, U.S. Department of Labor, U.S. Department of Treasury (Attachments: # 1 Catholic Diocese of Nashville v. Sebelius)(Pruski, Jacek) (Entered: 12/26/2013)

1 Catholic Diocese of Nashville v. Sebelius

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Dec. 26, 2013

Dec. 26, 2013

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37

NOTICE re 36 Plaintiffs' Response to Defendants' Notice of Supplemental Authority by plaintiffs Catholic Family Services, Michigan Catholic Conference (Kairis, Matthew) (Entered: 12/26/2013)

Dec. 26, 2013

Dec. 26, 2013

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38

NOTICE re 9 of Supplemental Authority by plaintiffs Catholic Family Services, Michigan Catholic Conference (Attachments: # 1 Exhibit A)(Kairis, Matthew) Modified text on 12/30/2013 (jlg). (Entered: 12/27/2013)

1 Exhibit A

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Dec. 27, 2013

Dec. 27, 2013

PACER
39

NOTICE of Supplemental Authority by plaintiffs Catholic Family Services, Michigan Catholic Conference (Attachments: # 1 Exhibit A Grace Schools, et al. v. Sebelius, et al., 3:12-cv-459 JD (N.D. Ind. Dec. 27, 2013))(Kairis, Matthew) Modified text on 12/30/2013 (jlg). (Entered: 12/27/2013)

1 Exhibit A Grace Schools et al v Sebelius, et al., 3:12-cv-459 JD (N.D. Ind. Dec

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Dec. 27, 2013

Dec. 27, 2013

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40

OPINION; signed by Judge Gordon J. Quist (Judge Gordon J. Quist, jmt) (Entered: 12/27/2013)

Dec. 27, 2013

Dec. 27, 2013

RECAP
41

ORDER denying 9 motion for preliminary injunction; signed by Judge Gordon J. Quist (Judge Gordon J. Quist, jmt) (Entered: 12/27/2013)

Dec. 27, 2013

Dec. 27, 2013

PACER
42

NOTICE OF INTERLOCUTORY APPEAL re 41, 40 by plaintiffs Catholic Family Services, Michigan Catholic Conference (Kairis, Matthew) (Entered: 12/27/2013)

Dec. 27, 2013

Dec. 27, 2013

PACER
43

MOTION for preliminary injunction pending appeal by plaintiffs Catholic Family Services, Michigan Catholic Conference; (Attachments: # 1 Proposed Order)(Kairis, Matthew) (Entered: 12/27/2013)

1 Proposed Order

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Dec. 27, 2013

Dec. 27, 2013

PACER
44

MEMORANDUM in support of Motion for Preliminary Injunction 43 Pending Appeal filed by Catholic Family Services, Michigan Catholic Conference(Kairis, Matthew) (Entered: 12/27/2013)

Dec. 27, 2013

Dec. 27, 2013

PACER

RECEIPT: USCA appeal fee re 42 by plaintiffs Catholic Family Services, Michigan Catholic Conference in the amount of $505, receipt number 0646-2769166 (ns)

Dec. 27, 2013

Dec. 27, 2013

PACER
45

RESPONSE in opposition to MOTION for preliminary injunction pending appeal 43 filed by Jacob J. Lew, Thomas Perez, Kathleen Sebelius, U.S. Department of Health & Human Services, U.S. Department of Labor, U.S. Department of Treasury (Pruski, Jacek) (Entered: 12/30/2013)

Dec. 30, 2013

Dec. 30, 2013

PACER
46

JOINT MOTION to stay District Court Proceedings Pending Appeal by plaintiffs Catholic Family Services, Michigan Catholic Conference; (Attachments: # 1 Proposed Order)(Kairis, Matthew) (Entered: 12/31/2013)

1 Proposed Order

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Dec. 31, 2013

Dec. 31, 2013

PACER

CASE NUMBER 13-2723 assigned by the Sixth Circuit to appeal 42 (mkc)

Dec. 31, 2013

Dec. 31, 2013

PACER
47

TRANSCRIPT of Oral Argument re: Plaintiffs' Motion for Preliminary Injunction held December 19, 2013 before U.S. District Judge Gordon J. Quist; NOTE: this transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the release of transcript restriction date; after that date it may be obtained through PACER; under the Policy Regarding Transcripts the parties have 14 days within which to file a Notice of Intent to redact, and 21 days within which to file a Redaction Request; if no Transcript Redaction Request is filed, the court will assume redaction of personal identifiers is not necessary and this transcript will be made available via PACER after the release of transcript restriction set for 4/2/2014 ; redaction request due 1/23/2014 (Court Reporter: Gaugier, Kevin (616) 456-6133) (Entered: 01/02/2014)

Jan. 2, 2014

Jan. 2, 2014

PACER
48

ORDER dismissing as moot 43 motion for preliminary injunction; signed by Judge Gordon J. Quist (Judge Gordon J. Quist, jmt) (Entered: 01/02/2014)

Jan. 2, 2014

Jan. 2, 2014

PACER
49

ORDER granting 46 motion to stay; signed by Judge Gordon J. Quist (Judge Gordon J. Quist, jmt) (Entered: 01/03/2014)

Jan. 3, 2014

Jan. 3, 2014

PACER
50

ORDER of USCA re appeal 42 granting motion for an injunction pending appeal. The government is hereby enjoined from enforcing the provision in question against the plaintiffs pending dispostion of this appeal. The appeal shall be expedited for briefing and submission, and no extensions of time of the briefing schedule will be granted absent extraordinary circumstances. Alice M. Batchelder, Chief Circuit Judge; Eugene E. Siler, Jr., Circuit Judge and Jane Branstetter Stranch, Circuit Judge. [The order is AMENDED to include Judge Stranch's dissent.] (jlg) (Entered: 01/03/2014)

Jan. 3, 2014

Jan. 3, 2014

PACER
51

AFFIDAVIT of service by plaintiffs Catholic Family Services, Michigan Catholic Conference re 1 (Attachments: # 1 Exhibit A)(Kilmartin, Alison) (Entered: 01/06/2014)

1 Exhibit A

View on PACER

Jan. 6, 2014

Jan. 6, 2014

PACER

SUMMONS returned executed on Jacob J. Lew, Thomas Perez, Kathleen Sebelius, U.S. Department of Health & Human Services, U.S. Department of Labor, U.S. Department of Treasury, US Attorney and US Attorney General; service upon defendant, Jacob J. Lew complete on 11/14/2013, answer due 1/13/2014; Thomas Perez complete on 11/14/2013, answer due 1/13/2014; Kathleen Sebelius complete on 11/14/2013, answer due 1/13/2014; U.S. Department of Health & Human Services complete on 11/14/2013, answer due 1/13/2014; U.S. Department of Labor complete on 11/14/2013, answer due 1/13/2014; U.S. Department of Treasury complete on 11/14/2013, answer due 1/13/2014 (pjw) (as taken from Doc 51 ); Modified text on 1/9/2014 (pjw)

Jan. 6, 2014

Jan. 6, 2014

PACER
52

NOTICE to attorney Alison Kilmartin regarding recent filing 51 (pjw) (Entered: 01/09/2014)

Jan. 9, 2014

Jan. 9, 2014

PACER
53

ORDER of USCA re appeal 42 granting motions to file amicus briefs in support of appellants (pjw) (Entered: 04/25/2014)

April 24, 2014

April 24, 2014

PACER
54

SLIP OPINION and JUDGMENT of USCA re appeal 42 ; affirming the district courts' denial of preliminary injunctions; lifting the stay temporarily issued by this court pending resolution of this appeal; mandate to issue (pjw) Modified text on 6/12/2014 (pjw). (Entered: 06/12/2014)

June 12, 2014

June 12, 2014

PACER
55

LETTER from Supreme Court of the United States that a petition for writ of certiorari was filed by plaintiff Michigan Catholic Conference on 12/12/2014 and assigned case number 14-701 re Notice of Interlocutory Appeal 42 (pjw) (Entered: 12/19/2014)

Dec. 18, 2014

Dec. 18, 2014

PACER
56

ORDER dismissing 22 motion to dismiss or in the alternative for summary judgment; signed by Judge Gordon J. Quist (Judge Gordon J. Quist, jmt) (Entered: 01/06/2015)

Jan. 6, 2015

Jan. 6, 2015

PACER
57

LETTER from Supreme Court of the United States that the petition for writ of certiorari is granted re Notice of Interlocutory Appeal 42 ; the judgment is vacated, and the case is remanded to the United States Court of Appeals for the Sixth Circuit for further consideration; mandate or judgment to issue (pjw); Modified text on 4/28/2015 and 6/2/2015 (pjw); modified text on 5/11/2015 (cmi) (Entered: 04/28/2015)

April 27, 2015

April 27, 2015

PACER
58

SUPREME COURT JUDGMENT re appeal 42 ; the judgment is vacated, and the case is remanded to the United States Court of Appeals for the Sixth Circuit for further consideration (pjw) (Entered: 06/02/2015)

May 29, 2015

May 29, 2015

PACER

(NON-DOCUMENT) ATTORNEY APPEARANCE of Julie Saltman on behalf of defendants Jacob J. Lew, Thomas Perez, Kathleen Sebelius, U.S. Department of Health & Human Services, U.S. Department of Labor, U.S. Department of Treasury (Saltman, Julie)

June 9, 2015

June 9, 2015

PACER
59

LETTER FROM CCA regarding appeal 42 indicating that supplemental briefs are to be filed addressing what impact the Supreme Court's decision in Burwell v. Hobby Lobby Stores, Inc., and any relevant circuit court decisions published after Hobby Lobby, might have on this case by 5:00 pm on July 13 (pjw) (Entered: 06/29/2015)

June 29, 2015

June 29, 2015

PACER
60

SLIP OPINION of USCA re appeal 42 and JUDGMENT filed: This court's prior opinion, Michigan Catholic Conference & Catholic Family Services v. Burwell, 755 F.3d 372 (6th Cir. 2014), is reissued and reaffirmed, with respect to all issues raised by Plaintiffs; the judgments of the district courts denying preliminary injunctive relief to Plaintiffs on all of their claims are affirmed; mandate to issue (jlg) (Entered: 08/21/2015)

Aug. 21, 2015

Aug. 21, 2015

PACER
61

MOTION to withdraw as attorney by plaintiffs Catholic Family Services, Michigan Catholic Conference; (Kilmartin, Alison) (Entered: 09/16/2015)

Sept. 16, 2015

Sept. 16, 2015

PACER
62

ORDER granting 61 motion to withdraw as attorney; signed by Judge Gordon J. Quist (Judge Gordon J. Quist, jmt) (Entered: 09/25/2015)

Sept. 25, 2015

Sept. 25, 2015

PACER
63

LETTER from Supreme Court of the United States that a petition for writ of certiorari was filed by defendants on March 9,2016 and assigned case number 15-1131 re Notice of Interlocutory Appeal 42 (pjw) (Entered: 03/15/2016)

March 14, 2016

March 14, 2016

PACER
64

SLIP OPINION of the U.S. Supreme Court re appeal 42 ; this judgment is vacated and the case is remanded to the Sixth Circuit Court of Appeals; judgment or mandate of the Court will not issue for at least twenty-five days pursuant to Rule 45 (pjw) (Entered: 05/27/2016)

May 26, 2016

May 26, 2016

PACER
65

SUPREME COURT JUDGMENT re appeal 42 The judgment of the above court in this cause is vacated, and the case is remanded to the United States Court of Appeals for the Sixth Circuit in light of Zubik v. Burwell, 578 U. S. ___ (2016). (pjw) (Entered: 06/28/2016)

June 24, 2016

June 24, 2016

PACER
66

LETTER FROM CCA regarding appeal 42 ; ruling letter sent to require appellees and appellants to file status report; Status report due 09/28/2016 (pjw) Modified text on 7/28/2016 (pjw). (Entered: 07/28/2016)

July 26, 2016

July 26, 2016

PACER
67

ORDER of USCA (certified copy) re appeal 42 granting motion to withdraw as counsel ; no mandate to issue (clw) (Entered: 01/13/2017)

Jan. 13, 2017

Jan. 13, 2017

PACER

(NON-DOCUMENT) ATTORNEY APPEARANCE of Michelle Bennett on behalf of defendants Jacob J. Lew, Thomas Perez, Kathleen Sebelius, U.S. Department of Health & Human Services, U.S. Department of Labor, U.S. Department of Treasury (Bennett, Michelle)

Oct. 19, 2017

Oct. 19, 2017

PACER

(NON-DOCUMENT) ATTORNEY APPEARANCE of Conor Brendan Dugan on behalf of plaintiff Catholic Family Services (Dugan, Conor)

Oct. 23, 2017

Oct. 23, 2017

PACER
68

JOINT STIPULATION of dismissal per Rule 41(a)(1)(A)(ii) by plaintiffs Catholic Family Services, Michigan Catholic Conference (Kairis, Matthew) Modified text on 11/3/2017 (pjw). (Entered: 11/02/2017)

Nov. 2, 2017

Nov. 2, 2017

RECAP

Case Details

State / Territory: Michigan

Case Type(s):

Speech and Religious Freedom

Special Collection(s):

Contraception Insurance Mandate

Multi-LexSum (in sample)

Key Dates

Filing Date: Nov. 14, 2013

Closing Date: 2017

Case Ongoing: No

Plaintiffs

Plaintiff Description:

A group of non-profit organizations that believed the ACA's contraception mandate violates the members' religious freedom.

Plaintiff Type(s):

Non-profit religious organization

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

U.S. Department of Labor, Federal

U.S. Department of the Treasury, Federal

U.S. Department of Health and Human Services, Federal

Defendant Type(s):

Hospital/Health Department

Case Details

Causes of Action:

Religious Freedom Rest. Act/Religious Land Use and Inst. Persons Act (RFRA/RLUIPA)

Administrative Procedure Act, 5 U.S.C. §§ 551 et seq.

Declaratory Judgment Act, 28 U.S.C. § 2201

Constitutional Clause(s):

Free Exercise Clause

Availably Documents:

Trial Court Docket

Complaint (any)

Any published opinion

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Source of Relief:

None

Form of Settlement:

Voluntary Dismissal

Content of Injunction:

Preliminary relief denied

Issues

General:

Contraception

Discrimination-area:

Pay / Benefits

Discrimination-basis:

Religion discrimination

Type of Facility:

Non-government non-profit