Case: Randy Reed Automotive v. Sebelius

5:13-cv-06117 | U.S. District Court for the Western District of Missouri

Filed Date: Oct. 8, 2013

Closed Date: 2014

Clearinghouse coding complete

Case Summary

On October 8, 2013, a for-profit corporation filed a lawsuit in the U.S. District Court for the Western District of Missouri under 42 U.S.C. § 1983, the Religious Freedom Restoration Act (RFRA), and the Administrative Procedure Act against the U.S. Department of Health and Human Services. The plaintiff believes the Affordable Care Act's requirement that employee health plans provide coverage of contraception violates the business owner's religious freedom. The plaintiff, represented by Alliance…

On October 8, 2013, a for-profit corporation filed a lawsuit in the U.S. District Court for the Western District of Missouri under 42 U.S.C. § 1983, the Religious Freedom Restoration Act (RFRA), and the Administrative Procedure Act against the U.S. Department of Health and Human Services. The plaintiff believes the Affordable Care Act's requirement that employee health plans provide coverage of contraception violates the business owner's religious freedom. The plaintiff, represented by Alliance Defending Freedom, asked the court to rule that the Affordable Care Act's (ACA) contraception insurance mandate is unconstitutional. Specifically, the plaintiff asked for both a preliminary and permanent injunction keeping the government from enforcing the contraception insurance mandate against them.

On November 15, 2013, the plaintiff filed an unopposed motion for preliminary injunction and the defendant filed an unopposed motion to stay proceedings until the resolution of one of either of two cases implicating the same issues, to which the Supreme Court had recently granted writs of certiorari: (1) Hobby Lobby Stores, Inc. v. Sebelius, 723 F.3d 1114 (Tenth Cir. 2013) or (2) Conestoga Wood Specialties Corp. v. Sebelius, 724 F.3d 377 (Third Cir. 2013).

On December 3, 2013, U.S. District Court (Judge Ortrie D. Smith) granted the plaintiff's motion.

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

In light of this decision, on July 15, 2014, Judge Smith lifted the stay. On September 23, 2014, Judge Smith issued an order continuing the preliminary injunction and directing the parties to file a proposed injunction and judgment. The parties filed their respective proposed injunctions and judgments, and then their replies.

On November 12, 2014, Judge Smith permanently enjoined the defendants from (1) enforcing the ACA's contraceptive coverage requirement, (2) assessing any penalties or fines for noncompliance, and (3) taking any other actions based on noncompliance with the requirement. The case was then dismissed.

Summary Authors

Mallory Jones (3/15/2014)

Elizabeth Greiter (11/8/2017)

Related Cases

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

Conestoga Wood Specialties Corp. v. Sebelius, Eastern District of Pennsylvania (2012)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/5078596/parties/randy-reed-automotive-inc-v-sebelius/


Judge(s)

Smith, Ortrie D. (Missouri)

Attorneys(s) for Plaintiff

Schowengerdt, Dale (Arizona)

Attorneys(s) for Defendant

Bennett, Michelle Renee (District of Columbia)

Delery, Stuart F. (District of Columbia)

Ricketts, Jennifer (District of Columbia)

Judge(s)

Smith, Ortrie D. (Missouri)

Attorneys(s) for Plaintiff

Schowengerdt, Dale (Arizona)

Attorneys(s) for Defendant

Bennett, Michelle Renee (District of Columbia)

Delery, Stuart F. (District of Columbia)

Ricketts, Jennifer (District of Columbia)

Documents in the Clearinghouse

Document

5:13-cv-06117

Docket

Randy Reed Automotive, Inc. v. Sebelius

Nov. 12, 2014

Nov. 12, 2014

Docket
1

5:13-cv-06117

Verified Complaint

Oct. 8, 2013

Oct. 8, 2013

Complaint
14

5:13-cv-06117

Motion for Preliminary Injunction

Nov. 15, 2013

Nov. 15, 2013

Pleading / Motion / Brief
16

5:13-cv-06117

Defendants' unopposed motion to stay proceedings and notice of non-opposition to Plaintiffs' motion for Preliminary Injunction

Nov. 15, 2013

Nov. 15, 2013

Pleading / Motion / Brief
17

5:13-cv-06117

Order Granting (1) Motion for Preliminary Injunction and (2) Motion to stay Proceedings

Dec. 3, 2013

Dec. 3, 2013

Order/Opinion
29

5:13-cv-06117

Order

Randy Reed Automotive v. Burwell

Nov. 12, 2014

Nov. 12, 2014

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/5078596/randy-reed-automotive-inc-v-sebelius/

Last updated Aug. 8, 2022, 3:10 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against All Defendants filed by Kevin Mark Smith on behalf of All Plaintiffs Service due by 2/8/2014. (Attachments: # 1 Civil Cover Sheet)(Smith, Kevin) Modified on 10/11/2013- filing fee receipt KCMO034707 (Chorny, Traci). (Entered: 10/08/2013)

1 Civil Cover Sheet

View on PACER

Oct. 8, 2013

Oct. 8, 2013

PACER

NOTICE OF MAGISTRATE ASSIGNMENT emailed to counsel for Plaintiffs. This is a docket entry only. No document is attached. Magistrate Return due by 11/4/2013 (Chorny, Traci)

Oct. 9, 2013

Oct. 9, 2013

PACER
2

NEW NOTICE OF INCLUSION FOR MEDIATION AND ASSESSMENT PROGRAM (MAP). REVIEW NEW NOTICE AND NEW MAP GENERAL ORDER CAREFULLY FOR IMPORTANT CHANGES, DEADLINES AND REQUIREMENTS.Notice of MAP assignment to an outside mediator. (Attachments: # 1 MAP General Order)(Chorny, Traci) (Entered: 10/09/2013)

1 MAP General Order

View on PACER

Oct. 9, 2013

Oct. 9, 2013

PACER
3

ORDER directing Clerk of the Court to randomly assign case to an Article III District Court Judge for all further proceedings. Signed on 10/09/13 by Magistrate Judge Robert E. Larsen. (Suroff, Rebecca) (Entered: 10/09/2013)

Oct. 9, 2013

Oct. 9, 2013

PACER
4

NOTICE OF REASSIGNMENT from Magistrate Judge Robert E. Larsen to District Judge Ortrie D. Smith. (Chorny, Traci) (Entered: 10/10/2013)

Oct. 10, 2013

Oct. 10, 2013

PACER

RECEIPT number KCMO034707 in the amount of $400.00 issued to Kevin M. Smith. (Chorny, Traci)

Oct. 11, 2013

Oct. 11, 2013

PACER
5

DISCLOSURE OF CORPORATE INTERESTS filed by Kevin Mark Smith on behalf of Plaintiffs Randy Reed Automotive, Inc., Randy Reed Buick-GMC, Inc., Randy Reed Chevrolet, LLC, Randy Reed Nissan, LLC, Randy Reed.(Smith, Kevin) (Entered: 10/11/2013)

Oct. 11, 2013

Oct. 11, 2013

PACER

SUMMONS ISSUED as to Jacob J. Lew, Thomas E Perez, Kathleen Sebelius, U.S. Department of Health and Human Services, U.S. Department of Labor, U.S. Department of the Treasury, U.S. Attorney and U.S. Attorney General (Chorny, Traci)

Oct. 16, 2013

Oct. 16, 2013

PACER
6

RETURN OF SERVICE of complaint executed by Randy Reed Automotive, Inc.. Jacob J. Lew served on 10/21/2013, answer due 12/20/2013; Thomas E Perez served on 10/21/2013, answer due 12/20/2013; Kathleen Sebelius served on 10/21/2013, answer due 12/20/2013; U.S. Department of Health and Human Services served on 10/21/2013, answer due 12/20/2013; U.S. Department of Labor served on 10/21/2013, answer due 12/20/2013; U.S. Department of the Treasury served on 10/21/2013, answer due 12/20/2013. (Smith, Kevin) (Entered: 11/05/2013)

Nov. 5, 2013

Nov. 5, 2013

PACER
7

RETURN OF SERVICE of complaint executed by Randy Reed Automotive, Inc.. U.S. Department of Labor served on 10/22/2013. (Smith, Kevin) (Entered: 11/05/2013)

Nov. 5, 2013

Nov. 5, 2013

PACER
8

RETURN OF SERVICE of complaint executed by Randy Reed Automotive, Inc.. U.S. Department of Health & Human Services served on 10/22/2013. (Smith, Kevin) (Entered: 11/05/2013)

Nov. 5, 2013

Nov. 5, 2013

PACER
9

RETURN OF SERVICE of complaint executed by Randy Reed Automotive, Inc.. Eric Holder, United States Attorney General served on 10/22/2013. (Smith, Kevin) (Entered: 11/05/2013)

Nov. 5, 2013

Nov. 5, 2013

PACER
10

RETURN OF SERVICE of complaint executed by Randy Reed Automotive, Inc.. Jacob Lew, U.S. Dept. of the Treasury served on 10/23/2013. (Smith, Kevin) (Entered: 11/05/2013)

Nov. 5, 2013

Nov. 5, 2013

PACER
11

RETURN OF SERVICE of complaint executed by Randy Reed Automotive, Inc.. Thomas Perez, U.S. Dept. of the Treasury served on 10/22/2013. (Smith, Kevin) (Entered: 11/05/2013)

Nov. 5, 2013

Nov. 5, 2013

PACER
12

RETURN OF SERVICE of complaint executed by Randy Reed Automotive, Inc.. Kathleen Sebelius, U.S. Dept. of Health & Human Services served on 10/22/2013. (Smith, Kevin) (Entered: 11/05/2013)

Nov. 5, 2013

Nov. 5, 2013

PACER
13

RETURN OF SERVICE of complaint executed by Randy Reed Automotive, Inc.. U.S. Dept. of the Treasury served on 10/23/2013. (Smith, Kevin) (Entered: 11/05/2013)

Nov. 5, 2013

Nov. 5, 2013

PACER
14

MOTION for preliminary injunction filed by Kevin Mark Smith on behalf of All Plaintiffs. Suggestions in opposition/response due by 12/2/2013 unless otherwise directed by the court. (Smith, Kevin) (Entered: 11/15/2013)

Nov. 15, 2013

Nov. 15, 2013

PACER
15

NOTICE of appearance by Michelle Bennett on behalf of All Defendants (Attorney Michelle Bennett added to party Jacob J. Lew(pty:dft), Attorney Michelle Bennett added to party Thomas E Perez(pty:dft), Attorney Michelle Bennett added to party Kathleen Sebelius(pty:dft), Attorney Michelle Bennett added to party U.S. Department of Health and Human Services(pty:dft), Attorney Michelle Bennett added to party U.S. Department of Labor(pty:dft), Attorney Michelle Bennett added to party U.S. Department of the Treasury(pty:dft))(Bennett, Michelle) (Entered: 11/15/2013)

Nov. 15, 2013

Nov. 15, 2013

PACER
16

Consent MOTION to stay proceedings and Notice of Non-Opposition to Plaintiffs' Motion for Preliminary Injunction (ECF No. 14) filed by Michelle Bennett on behalf of All Defendants. Suggestions in opposition/response due by 12/2/2013 unless otherwise directed by the court. (Attachments: # 1 Proposed Order)(Bennett, Michelle) (Entered: 11/15/2013)

1 Proposed Order

View on PACER

Nov. 15, 2013

Nov. 15, 2013

PACER
17

ORDER GRANTING (1) MOTION FOR PRELIMINARY INJUNCTION AND (2) MOTIONTO STAY PROCEEDINGS entered by Judge Ortrie D. Smith. (Matthes, Renea) (Entered: 12/03/2013)

Dec. 3, 2013

Dec. 3, 2013

RECAP
18

ORDER lifting stay and directing parties to file joint status report. A Joint Status Report setting forth their agreement or their separate positions shall be filed on or before August 18, 2014. Signed on July 15, 2014, by District Judge Ortrie D. Smith. (Melvin, Greg) (Entered: 07/15/2014)

July 15, 2014

July 15, 2014

PACER
19

STATUS REPORT (Joint) by Sylvia Burwell, Jacob J. Lew, Thomas E Perez, U.S. Department of Health and Human Services, U.S. Department of Labor, U.S. Department of the Treasury. (Bennett, Michelle) (Entered: 08/18/2014)

Aug. 18, 2014

Aug. 18, 2014

PACER
20

ORDER (1) CONTINUING PRELIMINARY INJUNCTION AND (2) DIRECTING PARTIES TO FILE JOINT STATUS REPORT. Signed on 8/18/14 by District Judge Ortrie D. Smith. (Matthes, Renea) (Entered: 08/18/2014)

Aug. 18, 2014

Aug. 18, 2014

PACER
21

MOTION to substitute attorney Kevin Theriot for Dale Schowengerdt filed by Dale Schowengerdt on behalf of All Plaintiffs. Suggestions in opposition/response due by 10/2/2014 unless otherwise directed by the court. (Schowengerdt, Dale) (Entered: 09/15/2014)

Sept. 15, 2014

Sept. 15, 2014

PACER
22

ORDER granting 21 motion to substitute attorney. Attorney Dale Schowengerdt terminated, Attorney Kevin Theriot added as counsel for Randy Reed Plaintiffs. Signed on 9/16/14 by District Judge Ortrie D. Smith. This is a TEXT ONLY ENTRY. No document is attached.(Wolfe, Steve) (Entered: 09/16/2014)

Sept. 16, 2014

Sept. 16, 2014

PACER
23

STATUS REPORT (Joint) by Sylvia Burwell, Jacob J. Lew, Thomas E Perez, U.S. Department of Health and Human Services, U.S. Department of Labor, U.S. Department of the Treasury. (Bennett, Michelle) (Entered: 09/22/2014)

Sept. 22, 2014

Sept. 22, 2014

PACER
24

ORDER (1) Continuing Preliminary Injunction and (2) Directing Parties to File Proposed Injunction and Judgment. Signed on 9/23/14 by District Judge Ortrie D. Smith. (Wolfe, Steve) (Entered: 09/23/2014)

Sept. 23, 2014

Sept. 23, 2014

PACER
25

NOTICE of filing Defs.' Proposed Injunction and Judgment, and Suggestions in Support Thereof by Sylvia Burwell, Jacob J. Lew, Thomas E Perez, U.S. Department of Health and Human Services, U.S. Department of Labor, U.S. Department of the Treasury re 24 Order (Attachments: # 1 Proposed Injunction and Judgment)(Bennett, Michelle) (Entered: 10/16/2014)

Oct. 16, 2014

Oct. 16, 2014

PACER
26

MOTION for order Permanent Injunction filed by Kevin Mark Smith on behalf of All Plaintiffs. Suggestions in opposition/response due by 11/3/2014 unless otherwise directed by the court. (Smith, Kevin) (Entered: 10/16/2014)

Oct. 16, 2014

Oct. 16, 2014

PACER

NOTICE OF DOCKET MODIFICATION. A modification has been made to the document filed on 10/16/2014 as Document No. 25-1, Proposed Injunction and Judgment. The proposed order has been deleted. Per Administrative Procedures any proposed orders are to be emailed to the Courtroom Deputy in Word or WordPerfect format. This is a text entry only - no document is attached. (Martin, Jan)

Oct. 22, 2014

Oct. 22, 2014

PACER
27

SUGGESTIONS in opposition re 26 MOTION for order Permanent Injunction filed by Michelle Bennett on behalf of Defendants Sylvia Burwell, Jacob J. Lew, Thomas E Perez, U.S. Department of Health and Human Services, U.S. Department of Labor, U.S. Department of the Treasury. Reply suggestions due by 11/17/2014 unless otherwise directed by the court (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Related document(s) 26 ) (Bennett, Michelle) (Entered: 10/30/2014)

1 Exhibit A

View on PACER

2 Exhibit B

View on PACER

3 Exhibit C

View on PACER

Oct. 30, 2014

Oct. 30, 2014

PACER
28

REPLY SUGGESTIONS to motion re 26 MOTION for order Permanent Injunction filed by Kevin Mark Smith on behalf of Plaintiffs Randy Reed Automotive, Inc., Randy Reed Buick-GMC, Inc., Randy Reed Chevrolet, LLC, Randy Reed Nissan, LLC, Randy Reed. (Related document(s) 26 ) (Smith, Kevin) (Entered: 11/08/2014)

Nov. 8, 2014

Nov. 8, 2014

PACER
29

ORDER granting Injunction. Signed on 11/12/14 by District Judge Ortrie D. Smith. (Matthes, Renea) (Entered: 11/12/2014)

Nov. 12, 2014

Nov. 12, 2014

RECAP
30

CLERK'S JUDGMENT (Matthes, Renea) (Entered: 11/12/2014)

Nov. 12, 2014

Nov. 12, 2014

PACER

Case Details

State / Territory: Missouri

Case Type(s):

Speech and Religious Freedom

Special Collection(s):

Contraception Insurance Mandate

Multi-LexSum (in sample)

Key Dates

Filing Date: Oct. 8, 2013

Closing Date: 2014

Case Ongoing: No

Plaintiffs

Plaintiff Description:

A for-profit corporation that believed the ACA's insurance contraception mandate violates the owner's religious freedom.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

U.S. Department of Labor, Federal

U.S. Department of the Treasury, Federal

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

Defendant Type(s):

Hospital/Health Department

Case Details

Causes of Action:

42 U.S.C. § 1983

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

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

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

Constitutional Clause(s):

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

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Preliminary injunction / Temp. restraining order

Source of Relief:

Litigation

Form of Settlement:

Court Approved Settlement or Consent Decree

Voluntary Dismissal

Order Duration: 2013 - None

Content of Injunction:

Preliminary relief granted

Issues

General:

Contraception

Fines/Fees/Bail/Bond

Religious programs / policies

Discrimination-basis:

Religion discrimination

Type of Facility:

Non-government for profit