Case: Zubik v. Burwell [II]

2:13-cv-01459 | U.S. District Court for the Western District of Pennsylvania

Filed Date: Oct. 9, 2013

Closed Date: Oct. 20, 2017

Clearinghouse coding complete

Case Summary

This case is one of the many filed in federal district courts across the country by non-profit Catholic organizations challenging the ACA's system for ensuring that employee health insurance covers birth control. Specifically, the plaintiffs objected to notifying the government or their health insurer that they were claiming a religious exemption from the ACA regulation's mandatory insurance coverage for contraception. The current regulatory accommodation allows religious organizations who obje…

This case is one of the many filed in federal district courts across the country by non-profit Catholic organizations challenging the ACA's system for ensuring that employee health insurance covers birth control. Specifically, the plaintiffs objected to notifying the government or their health insurer that they were claiming a religious exemption from the ACA regulation's mandatory insurance coverage for contraception. The current regulatory accommodation allows religious organizations who object for religious reasons to providing contraceptive coverage for their employees to notify their insurer, or notify the government directly, of that objection. Then, the government will work with the insurer or health benefits provider to ensure the employees have access to contraception. The religious employers claim that this approach violates the Religious Freedom Restoration Act, because they see their action of notifying the government as starting a chain of events that results in their employees receiving contraception.

This particular lawsuit was filed by Bishop Zubik of the Roman Catholic Diocese of Pittsburgh, and the Catholic Charities of the Diocese of Pittsburgh. (Their first litigation effort, filed in 2012, was dismissed as unripe. See Zubik v. Sebelius [I] for that first case.)

After the current regulations were finally issued in 2013, the plaintiffs filed this second lawsuit in the Western District of Pennsylvania on October 8, 2013. On October 8, 2013, the plaintiffs also filed a motion for expedited preliminary injunction asking the court to enjoin issuance, application, and enforcement of the contraception mandate's self-certification procedures. On November 21, 2013, the court (Judge Arthur J. Schwab) granted the plaintiffs' motion for expedited preliminary injunction. 983 F.Supp.2d 576. The court held that complying with the certification requirement contraception mandate would cause injury to the plaintiffs' religious liberties and that there was a high likelihood of success on the merits of the RFRA and First Amendment claims. On December 20, 2013, Judge Schwab granted the plaintiffs' unopposed motion to convert the preliminary injunction into a permanent injunction. 2013 WL 6922024. The court recognized that the while the Diocese itself was exempt from the contraception mandate as a religious employer, the new regulation required the remaining affiliated organizations to tell the government about their religious objection to contraception. The Court held that the remaining plaintiffs demonstrated a reasonable likelihood of success on their RFRA challenge, noting that requiring self-certification represented a substantial burden on their religious exercise by compelling them to start the chain of events that ends with contraceptive products and services being provided to their employees. The Court was concerned that the Church and its affiliated nonprofits had different responsibilities under the mandate.

On February 11, 2014, the government appealed the permanent injunction. This case was consolidated on appeal with Geneva College v. Sebelius and Persico v. Sebelius. On February 11, 2015, the Third Circuit (Judge Marjorie Rendell) reversed the injunction in an order that applied to all the consolidated cases, holding that the accommodation to the contraceptive services mandate does not significantly burden the religious expression of the nonprofit entities affiliated with the churches in this case. 778 F.3d 422

On April 5, 2015, in an order that applied to this case and Persico v. Sebelius, the Third Circuit denied the plaintiffs' petition for rehearing en banc. On April 15, 2015, the Third Circuit denied the plaintiffs' motion for stay pending petition for writ of certiorari. On April 16, 2015, the Supreme Court granted a stay pending a response to the plaintiffs' petition for writ of certiorari. 135 S. Ct. 1544.

On November 6, 2015, the Supreme Court granted certiorari in this case on the issue of whether notifying the federal government by signing a form identifying the employer as a religious nonprofit that objected to the contraceptive services mandate violated the RFRA, or, rather, satisfies that statute's standard as the least restrictive means of achieving a compelling government interest. 136 S.Ct. 444. This case was consolidated with six other cases dealing with this issue: Priests for Life v. Sebelius, Southern Nazarene University v. Sebelius, Geneva College v. Sebelius, Roman Catholic Archbishop of Washington v. Sebelius, East Texas Baptist University v. Sebelius, and Little Sisters of the Poor Home for the Aged v. Sebelius.

This case was argued on March 23, 2016. On March 29, 2016, in an unusual move, the Supreme Court directed the parties to file supplemental briefs suggesting a solution to their disagreement, in which employees could still receive contraception coverage without employers giving any notice to the government. On May 16, 2016, the Court issued a per curiam order remanding all seven cases to their respective courts of appeals, ordering the lower courts to give the parties time to come to agreement on an approach that 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 this case.

Back in the Third Circuit, the parties submitted a series of status reports indicating they had entered into settlement negotiations with the new Trump administration. On Oct. 16, 2017, the parties filed a joint motion to voluntarily dismiss the case, which the court so ordered on Oct. 20. The settlement agreement is not currently publicly available.

The case is now closed.

Summary Authors

Richard Jolly (3/10/2014)

Kate Craddock (6/6/2016)

Virginia Weeks (11/5/2017)

Related Cases

Geneva College v. Sebelius, Western District of Pennsylvania (2012)

Zubik v. Sebelius [I], Western District of Pennsylvania (2012)

Diocese of Fort Wayne-South Bend v. Burwell, Northern District of Indiana (2012)

Roman Catholic Archbishop of Washington v. Sebelius, District of Columbia (2012)

East Texas Baptist University v. Sebelius, Southern District of Texas (2012)

Ozinga v. Sebelius, Northern District of Illinois (2013)

Priests for Life v. Sebelius, District of Columbia (2013)

Southern Nazarene University v. Sebelius, Western District of Oklahoma (2013)

Little Sisters of the Poor Home for the Aged v. Sebelius, District of Colorado (2013)

Persico v. Sebelius, Western District of Pennsylvania (2013)

Roman Catholic Archdiocese of St. Louis v. Burwell, Eastern District of Missouri (2013)

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

Brandt, Bishop of The Roman Catholic Diocese of Greensburg v. Sebelius, Western District of Pennsylvania (2014)

March for Life v. Burwell, District of Columbia (2014)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/5223503/parties/zubik-v-sebelius/


Judge(s)

Alito, Samuel A. Jr. (District of Columbia)

McKee, Theodore Alexander (Pennsylvania)

Rendell, Marjorie O. (Pennsylvania)

Schwab, Arthur J. (Pennsylvania)

Attorneys(s) for Plaintiff

DeJulius, Leon F. Jr. (Pennsylvania)

Goetz, John D. (Pennsylvania)

Kairis, Matthew A (Ohio)

Karoll, Ira M (Pennsylvania)

Kilmartin, Alison J. (Pennsylvania)

McSorley, Jeffrey Albert (District of Columbia)

Judge(s)

Alito, Samuel A. Jr. (District of Columbia)

McKee, Theodore Alexander (Pennsylvania)

Rendell, Marjorie O. (Pennsylvania)

Schwab, Arthur J. (Pennsylvania)

Attorneys(s) for Plaintiff

DeJulius, Leon F. Jr. (Pennsylvania)

Goetz, John D. (Pennsylvania)

Kairis, Matthew A (Ohio)

Karoll, Ira M (Pennsylvania)

Kilmartin, Alison J. (Pennsylvania)

McSorley, Jeffrey Albert (District of Columbia)

Pohl, Paul M. (Pennsylvania)

Raimer, David T. (District of Columbia)

Stahler, Mary Pat (Pennsylvania)

Attorneys(s) for Defendant

Bennett, Michelle Renee (District of Columbia)

Grogg, Adam Anderson (District of Columbia)

Humphreys, Bradley Philip (District of Columbia)

Shumate, Brett (District of Columbia)

Other Attorney(s)

Amiri, Brigitte A. (New York)

Lee, Jennifer (New York)

Mach, Daniel (District of Columbia)

Walczak, Witold J. (Pennsylvania)

Documents in the Clearinghouse

Document

Docket [PACER]

Zubik v. Sebelius

Oct. 20, 2017 Docket
1

Complaint

Zubik v. Sebelius

Oct. 9, 2013 Complaint
42

Order Re: Motion for Protective Order (Doc. No. 39)

Zubik v. Sebelius

Nov. 7, 2013 Order/Opinion
74

Memorandum Order Denying Motions to Strike Certification

Zubik v. Sebelius

Nov. 20, 2013 Order/Opinion
76

Order of Court Granting Plaintiffs' Motions for Expedited Preliminary Injunction

Zubik v. Sebelius

983 F.Supp.2d 576

Nov. 21, 2013 Order/Opinion
75

Memorandum Opinion Re: Plaintiffs' Motions for Expedited Preliminary Injunction

Zubik v. Sebelius

Nov. 21, 2013 Order/Opinion
81

Final Judgment and Order

Zubik v. Sebelius

Dec. 20, 2013 Order/Opinion
84

Opinion

Roman Catholic Diocese of Pittsburgh v. Sebelius

U. S. Court of Appeals for the Third Circuit

778 F.3d 422

Feb. 11, 2015 Order/Opinion

Sur Petition for Rehearing

Roman Catholic Diocese of Pittsburgh v. Sebelius

U. S. Court of Appeals for the Third Circuit

April 6, 2015 Order/Opinion
003111935733

Order

Zubik v. Burwell

Supreme Court of the United States

135 S.Ct. 1544

April 15, 2015 Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/5223503/zubik-v-sebelius/

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

ECF Number Description Date Link
1

COMPLAINT against JACOB J. LEW, THOMAS PEREZ, KATHLEEN SEBELIUS, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES, U.S. DEPARTMENT OF LABOR, U.S. DEPARTMENT OF TREASURY (Filing fee, including Administrative fee, $400, receipt number 0315-2955420), filed by THE ROMAN CATHOLIC DIOCESE OF PITTSBURGH, DAVID A. ZUBIK, CATHOLIC CHARITIES OF THE DIOCESE OF PITTSBURGH, INC. (Attachments: # 1 Civil Cover Sheet, # 2 Summons US Attorney General, # 3 Summons US Attorney, # 4 Summons Sebelius, # 5 Summons Perez, # 6 Summons Lew, # 7 Summons Dept. of HHS, # 8 Summons Dept. of Labor, # 9 Summons Dept. of Treasury) (jsp) (Entered: 10/08/2013)

1 Civil Cover Sheet

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2 Summons US Attorney General

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3 Summons US Attorney

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4 Summons Sebelius

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5 Summons Perez

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6 Summons Lew

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7 Summons Dept. of HHS

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8 Summons Dept. of Labor

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9 Summons Dept. of Treasury

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Oct. 8, 2013 PACER
2

Disclosure Statement identifying None as corporate parent or other affiliate, by THE ROMAN CATHOLIC DIOCESE OF PITTSBURGH. (jsp) (Entered: 10/08/2013)

Oct. 8, 2013 PACER
3

Disclosure Statement identifying None as corporate parent or other affiliate, by CATHOLIC CHARITIES OF THE DIOCESE OF PITTSBURGH, INC. (jsp) (Entered: 10/08/2013)

Oct. 8, 2013 PACER
4

MOTION for Expedited Preliminary Injunction by CATHOLIC CHARITIES OF THE DIOCESE OF PITTSBURGH, INC., THE ROMAN CATHOLIC DIOCESE OF PITTSBURGH, DAVID A. ZUBIK. (Attachments: # 1 Proposed Order, # 2 Index of Exhibits, # 3 Exhibit 1, # 4 Exhibit 2, # 5 Exhibit 3, # 6 Exhibit 4, # 7 Exhibit 5 Part 1, # 8 Exhibit 5 Part 2, # 9 Exhibit 5 Part 3, # 10 Exhibit 6, # 11 Exhibit 7, # 12 Exhibit 8, # 13 Exhibit 9, # 14 Exhibit 10, # 15 Exhibit 11) (jsp) (Entered: 10/08/2013)

1 Proposed Order

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2 Index of Exhibits

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3 Exhibit 1

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4 Exhibit 2

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5 Exhibit 3

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6 Exhibit 4

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7 Exhibit 5 Part 1

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8 Exhibit 5 Part 2

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9 Exhibit 5 Part 3

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10 Exhibit 6

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11 Exhibit 7

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12 Exhibit 8

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13 Exhibit 9

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14 Exhibit 10

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15 Exhibit 11

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Oct. 8, 2013 PACER
5

MOTION for Expedited Scheduling Order or Expedited Status Conference by CATHOLIC CHARITIES OF THE DIOCESE OF PITTSBURGH, INC., THE ROMAN CATHOLIC DIOCESE OF PITTSBURGH, DAVID A. ZUBIK. (Attachment: # 1 Proposed Order) (jsp) (Entered: 10/08/2013)

1 Proposed Order

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Oct. 8, 2013 PACER
6

BRIEF in Support re 4 Motion for Expedited Preliminary Injunction, 5 Motion for Expedited Scheduling Order or Expedited Status Conference filed by CATHOLIC CHARITIES OF THE DIOCESE OF PITTSBURGH, INC., THE ROMAN CATHOLIC DIOCESE OF PITTSBURGH, DAVID A. ZUBIK. (jsp) (Entered: 10/08/2013)

Oct. 8, 2013 PACER

Summons Issued as to JACOB J. LEW, THOMAS PEREZ, KATHLEEN SEBELIUS, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES, U.S. DEPARTMENT OF LABOR, U.S. DEPARTMENT OF TREASURY. (jsp)

Oct. 8, 2013 PACER
7

NOTICE of Appearance by John D. Goetz on behalf of CATHOLIC CHARITIES OF THE DIOCESE OF PITTSBURGH, INC., THE ROMAN CATHOLIC DIOCESE OF PITTSBURGH, DAVID A. ZUBIK. (Goetz, John) (Entered: 10/08/2013)

Oct. 8, 2013 PACER
8

NOTICE of Appearance by Leon F. DeJulius on behalf of CATHOLIC CHARITIES OF THE DIOCESE OF PITTSBURGH, INC., THE ROMAN CATHOLIC DIOCESE OF PITTSBURGH, DAVID A. ZUBIK. (DeJulius, Leon) (Entered: 10/08/2013)

Oct. 8, 2013 PACER
9

NOTICE of Appearance by Ira M. Karoll on behalf of CATHOLIC CHARITIES OF THE DIOCESE OF PITTSBURGH, INC., THE ROMAN CATHOLIC DIOCESE OF PITTSBURGH, DAVID A. ZUBIK. (Karoll, Ira) (Entered: 10/08/2013)

Oct. 8, 2013 PACER
10

NOTICE of Appearance by Mary Pat Stahler on behalf of CATHOLIC CHARITIES OF THE DIOCESE OF PITTSBURGH, INC., THE ROMAN CATHOLIC DIOCESE OF PITTSBURGH, DAVID A. ZUBIK. (Stahler, Mary Pat) (Entered: 10/08/2013)

Oct. 8, 2013 PACER
11

NOTICE that instant civil action has been designated for placement into the United States District Court's Alternative Dispute Resolution program. Parties are directed to fully complete the required 26(f) report, which includes the stipulation of selecting an ADR process. Counsel for plaintiff (or in the case of a removal action, counsel for removing defendant) shall make service of the notice on all parties. (ms) (Entered: 10/09/2013)

Oct. 9, 2013 PACER

ORDER OF COURT: Consistent with the Court's practices, the Court hereby ORDERS a STATUS CONFERENCE be held on Thursday, October 24, 2013 at 10:30 a.m. in Courtroom 7C, 7th Floor, United States Courthouse, 700 Grant Street, Pittsburgh, Pennsylvania. Counsel for Plaintiffs is further ORDERED to provide a copy of this Court Order to Defendants and/or Defendants' Chief Trial Counsel. Signed by Judge Arthur J. Schwab on 10/09/2013. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (lck)

Oct. 9, 2013 PACER
12

ORDER, in preparation for the Status Conference set for 10/24/13, Lead Counsel are directed to meet and confer, face-to-face, to hold extensive and in-depth discussions on the issues relevant to the orderly preparation and trial of these matters, at a date, time, and place convenient to Counsel. If Counsel are unable to agree on a date, time, and/or place, Lead Trial Counsel will meet and confer, face-to-face, in the jury room of this Court at 9:30 a.m. on Monday, October 21, 2013. Detailed Joint Status Report due by 10/22/2013 at 4:00 PM. Counsel for Plaintiffs is further ORDERED to promptly provide a copy of this Court Order to Defendants and/or Defendants' Lead Trial Counsel. Signed by Judge Arthur J. Schwab on 10/10/13. (lck) (Entered: 10/10/2013)

Oct. 10, 2013 PACER

TEXT ORDER - In light of the Court's Text Order dated 10/09/13, scheduling a Status Conference for 10/24/13 at 10:30 AM, Doc. No. 5 Motion for Expedited Scheduling Order Or Status Conference is DENIED AS MOOT. Signed by Judge Arthur J. Schwab on 10/15/13. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (lck)

Oct. 15, 2013 PACER
13

NOTICE of Appearance by Bradley P. Humphreys on behalf of JACOB J. LEW, THOMAS PEREZ, KATHLEEN SEBELIUS, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES, U.S. DEPARTMENT OF LABOR, U.S. DEPARTMENT OF TREASURY. (Humphreys, Bradley) (Entered: 10/15/2013)

Oct. 15, 2013 PACER
14

Unopposed MOTION to Modify 12 Order to Permit the Parties to Meet and Confer Telephonically or, in the Alternative, by Video Conference by JACOB J. LEW, THOMAS PEREZ, KATHLEEN SEBELIUS, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES, U.S. DEPARTMENT OF LABOR, U.S. DEPARTMENT OF TREASURY. (Attachment: # 1 Proposed Order) (Humphreys, Bradley) Modified on 10/16/2013. (jsp) (Entered: 10/15/2013)

1 Proposed Order

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Oct. 15, 2013 PACER
15

ORDER GRANTING 14 Motion to Modify the Court's October 10, 2013 Order. The parties are relieved of the requirement that they meet and confer face-to-face. The Court expects the conference to be conducted in good faith and be meaningful in substance. Signed by Judge Arthur J. Schwab on 10/16/13. (lck) (Entered: 10/16/2013)

Oct. 16, 2013 PACER

TEXT ORDER - The Status Conference scheduled for 10/24/13 at 10:30 AM has been RESCHEDULED to 11:00 AM. Signed by Judge Arthur J. Schwab on 10/16/13. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (ms)

Oct. 16, 2013 PACER
16

JOINT STATUS REPORT by CATHOLIC CHARITIES OF THE DIOCESE OF PITTSBURGH, INC., THE ROMAN CATHOLIC DIOCESE OF PITTSBURGH, DAVID A. ZUBIK. (Attachments: # 1 Plaintiffs' Exhibit 1) (Goetz, John) (Entered: 10/22/2013)

1 Plaintiffs' Exhibit 1

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Oct. 22, 2013 PACER
17

SUMMONS/Return of Service Returned Executed by THE ROMAN CATHOLIC DIOCESE OF PITTSBURGH, DAVID A. ZUBIK, CATHOLIC CHARITIES OF THE DIOCESE OF PITTSBURGH, INC.. THOMAS PEREZ served on 10/17/2013, answer due 12/16/2013; KATHLEEN SEBELIUS served on 10/15/2013, answer due 12/16/2013; U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES served on 10/15/2013, answer due 12/16/2013. (Attachments: # 1 Index of Exhibits, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D) (Pohl, Paul) (Entered: 10/22/2013)

1 Index of Exhibits

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2 Exhibit A

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3 Exhibit B

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4 Exhibit C

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5 Exhibit D

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Oct. 22, 2013 PACER
18

MOTION to Reassign Case by JACOB J. LEW, THOMAS PEREZ, KATHLEEN SEBELIUS, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES, U.S. DEPARTMENT OF LABOR, U.S. DEPARTMENT OF TREASURY. (Attachments: # 1 Proposed Order) (Humphreys, Bradley) (Entered: 10/22/2013)

1 Proposed Order

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Oct. 22, 2013 PACER
19

RESPONSE to Motion re 18 MOTION to Reassign Case filed by CATHOLIC CHARITIES OF THE DIOCESE OF PITTSBURGH, INC., THE ROMAN CATHOLIC DIOCESE OF PITTSBURGH, DAVID A. ZUBIK. (Goetz, John) (Entered: 10/23/2013)

Oct. 23, 2013 PACER
20

Minute Entry for proceedings held before Judge Arthur J. Schwab: Status Conference held on 10/24/2013. Response to Motion for Preliminary Injunction due by 10/29/2013; Reply due by 11/5/2013; Joint Status Report due by 10/31/2013 at noon; and Preliminary Injunction Hearing set for 11/12/2013 at 08:30 AM before Judge Arthur J. Schwab. (Court Reporter: Richard Ford) (lck) Modified on 10/25/2013 - SEE ERRATA DOC NOT 21 - Corrected Hearing Memo. (lck) (Entered: 10/24/2013)

Oct. 24, 2013 PACER
21

Errata re 20 Status Conference Minute Entry. Reason for Correction: Correction on Hearing Memo. (lck) (Entered: 10/25/2013)

Oct. 25, 2013 PACER
22

NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on October 24, 2013 before Judge Arthur J. Schwab. Court Reporter Richard Ford, Telephone number (412) 261-0802. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely, electronically available to the public without redaction after 90 calendar days. For redaction purposes, or otherwise, during this 90 day period a copy of the transcript may be purchased from the court reporter or viewed at the clerk's office public terminal. Notice of Intent for Redaction of Personal Data Identifiers due by 11/1/2013. Redaction Request due 11/15/2013. Redacted Transcript Deadline set for 11/25/2013. Release of Transcript Restriction set for 1/23/2014. (rtf, ) (Entered: 10/25/2013)

Oct. 25, 2013 PACER
23

BRIEF in Opposition re 4 Motion for Preliminary Injunction, filed by JACOB J. LEW, THOMAS PEREZ, KATHLEEN SEBELIUS, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES, U.S. DEPARTMENT OF LABOR, U.S. DEPARTMENT OF TREASURY. (Humphreys, Bradley) (Entered: 10/29/2013)

Oct. 29, 2013 PACER

TEXT ORDER - The Court hereby schedules argument for 8:30 AM on Wednesday, November 13, 2013, subsequent to the Preliminary Injunction Hearing, scheduled for Tuesday, November 12, 2013, from 8:30 AM to 2:30 PM. Signed by Judge Arthur J. Schwab on 10/30/13. Text-only entry; no PDF document will issue. This text-only entry constitutes the Court's order or notice on the matter. (ms)

Oct. 30, 2013 PACER
24

ORDER denying 18 Motion to Reassign Case. Signed by Judge Arthur J. Schwab on 10-30-2013. (lmt) (Entered: 10/30/2013)

Oct. 30, 2013 PACER
25

JOINT STATUS REPORT by CATHOLIC CHARITIES OF THE DIOCESE OF PITTSBURGH, INC., THE ROMAN CATHOLIC DIOCESE OF PITTSBURGH, DAVID A. ZUBIK. (Pohl, Paul) Modified on 11/1/2013. (plh) (Entered: 10/31/2013)

Oct. 31, 2013 PACER
26

MOTION for Leave to File Brief as Amici Curiae by American Civil Liberties Union and American Civil Liberties Union of Pennsylvania by JACOB J. LEW, THOMAS PEREZ, KATHLEEN SEBELIUS, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES, U.S. DEPARTMENT OF LABOR, U.S. DEPARTMENT OF TREASURY. (Attachments: # 1 Exhibit Brief of Amici Curiae American Civil Liberties Union and American Civil Liberties Union of Pennsylvania in Opposition to Plaintiffs' Motion for Preliminary Injunction, # 2 Proposed Order) (Walczak, Witold) (Entered: 10/31/2013)

1 Exhibit Brief of Amici Curiae American Civil Liberties Union and American Civil

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2 Proposed Order

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Oct. 31, 2013 PACER
27

ORDER OF COURT SETTING INITIAL CASE MANAGEMENT CONFERENCE. An Initial Case Management Conference in this case shall be held on November 13, 2013, at 8:00AM. On or before November 8, 2013, the parties shall submit the required joint documents as set forth in this Order. Defendant shall file an Answer or otherwise plead on or before November 8, 2013. Signed by Judge Arthur J. Schwab on 10/31/2013. (lcb) (Entered: 10/31/2013)

Oct. 31, 2013 PACER
28

ORDER OF COURT GRANTING 26 Motion for Leave to File Brief as Amici Curiae. The Brief in Opposition to Plaintiffs' Motion for Preliminary Injunction by the American Civil Liberties Union and the American Civil Liberties Union of Pennsylvania, previously filed as an attachment to said Motion, shall be filed on ECF on or before November 1, 2013. Signed by Judge Arthur J. Schwab on 10/31/2013. (lcb) (Entered: 10/31/2013)

Oct. 31, 2013 PACER
29

BRIEF of Amici Curiae in Opposition re 4 Motion for Preliminary Injunction, filed by AMERICAN CIVIL LIBERTIES UNION FOUNDATION, AMERICAN CIVIL LIBERTIES UNION FOUNDATION OF PENNSYLVANIA. (Walczak, Witold) Modified on 11/4/2013. (jsp) (Entered: 11/01/2013)

Nov. 1, 2013 PACER
30

Unopposed MOTION to Modify the Court's October 31, 2013 Order to Permit the Parties to Conduct Their Rule 26(f) Conference Telephonically or, in the Alternative, by Video Conference 27 Order, Set Hearings, by JACOB J. LEW, THOMAS PEREZ, KATHLEEN SEBELIUS, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES, U.S. DEPARTMENT OF LABOR, U.S. DEPARTMENT OF TREASURY. (Attachments: # 1 Proposed Order) (Humphreys, Bradley) (Entered: 11/04/2013)

1 Proposed Order

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Nov. 4, 2013 PACER
31

ORDER GRANTING 30 Motion to Modify the Court's 10/31/13 Order. The parties are relieved of the requirement that they conduct their Rule 26(f) conference face-to-face. Signed by Judge Arthur J. Schwab on 11/4/13. (lck) (Entered: 11/04/2013)

Nov. 4, 2013 PACER
32

MOTION for attorney Daniel Mach to Appear Pro Hac Vice, (Filing fee $40, Receipt # 0315-2985748) by AMERICAN CIVIL LIBERTIES UNION FOUNDATION. (Attachments: # 1 Affidavit, # 2 Proposed Order) (Mach, Daniel) (Entered: 11/04/2013)

1 Affidavit

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2 Proposed Order

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Nov. 4, 2013 PACER
33

MOTION for attorney Brigitte Amiri to Appear Pro Hac Vice, (Filing fee $40, Receipt # 0315-2985783) by AMERICAN CIVIL LIBERTIES UNION FOUNDATION. (Attachments: # 1 Affidavit, # 2 Proposed Order) (Amiri, Brigitte) (Entered: 11/04/2013)

1 Affidavit

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2 Proposed Order

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Nov. 4, 2013 PACER
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MOTION for attorney Jennifer Lee to Appear Pro Hac Vice, (Filing fee $40, Receipt # 0315-2985806) by AMERICAN CIVIL LIBERTIES UNION FOUNDATION. (Attachments: # 1 Affidavit, # 2 Proposed Order) (Lee, Jennifer) (Entered: 11/04/2013)

1 Affidavit

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2 Proposed Order

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Nov. 4, 2013 PACER
35

ORDER GRANTING 32 Motion for Daniel Mach to Appear Pro Hac Vice. Signed by Judge Arthur J. Schwab on 11/5/13. (lck) (Entered: 11/05/2013)

Nov. 5, 2013 PACER
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ORDER GRANTING 33 Motion for Brigitte Amiri to Appear Pro Hac Vice. Signed by Judge Arthur J. Schwab on 11/5/13. (lck) (Entered: 11/05/2013)

Nov. 5, 2013 PACER
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ORDER GRANTING 34 Motion for Jennifer Lee to Appear Pro Hac Vice. Signed by Judge Arthur J. Schwab on 11/5/13. (lck) (Entered: 11/05/2013)

Nov. 5, 2013 PACER
38

REPLY BRIEF re 4 Motion for Preliminary Injunction, filed by CATHOLIC CHARITIES OF THE DIOCESE OF PITTSBURGH, INC., THE ROMAN CATHOLIC DIOCESE OF PITTSBURGH, DAVID A. ZUBIK. (Pohl, Paul) (Entered: 11/05/2013)

Nov. 5, 2013 PACER
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MOTION for Protective Order by JACOB J. LEW, THOMAS PEREZ, KATHLEEN SEBELIUS, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES, U.S. DEPARTMENT OF LABOR, U.S. DEPARTMENT OF TREASURY. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Proposed Order) (Humphreys, Bradley) (Entered: 11/06/2013)

1 Exhibit

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2 Exhibit

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3 Exhibit

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4 Exhibit

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5 Proposed Order

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Nov. 6, 2013 PACER

ORDER re 39 Motion for Protective Order, filed by U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES, U.S. DEPARTMENT OF LABOR, JACOB J. LEW, THOMAS PEREZ, U.S. DEPARTMENT OF TREASURY, KATHLEEN SEBELIUS. Response to Motion due by 11/7/2013 at noon. Signed by Judge Arthur J. Schwab on 11/7/13. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (lck)

Nov. 7, 2013 PACER
40

JOINT RESPONSE IN OPPOSITION to 39 Motion for Protective Order, filed by CATHOLIC CHARITIES OF THE DIOCESE OF PITTSBURGH, INC., THE ROMAN CATHOLIC DIOCESE OF PITTSBURGH, DAVID A. ZUBIK. (Attachments: # 1 Exhibit 1 IRS Emails, # 2 Exhibit 2 Email produced in Pohl v HHS, # 3 Exhibit 3 Excerpts of Gary Cohen Deposition Transcript and Notice, # 4 Exhibit 4 Data on Catholic Organizations, # 5 Exhibit 5 Proposed Stipulations) (Pohl, Paul) Modified on 11/8/2013. (jsp) (Entered: 11/07/2013)

1 Exhibit 1 IRS Emails

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2 Exhibit 2 Email produced in Pohl v HHS

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3 Exhibit 3 Excerpts of Gary Cohen Deposition Transcript and Notice

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4 Exhibit 4 Data on Catholic Organizations

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5 Exhibit 5 Proposed Stipulations

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Nov. 7, 2013 PACER
41

AFFIDAVIT of Service for Complaint served on Jacob Lew, US Dept of Treasury, and US Dept of Labor on October 8, 2013, filed by CATHOLIC CHARITIES OF THE DIOCESE OF PITTSBURGH, INC., THE ROMAN CATHOLIC DIOCESE OF PITTSBURGH, DAVID A. ZUBIK. (Karoll, Ira) (Entered: 11/07/2013)

Nov. 7, 2013 PACER
42

ORDER granting in part and denying in part 39 Motion for Protective Order. At Defendants' election, Shawn Braxton shall be deposed on November 8, 2013, as noticed, or she shall appear and testify at the upcoming Preliminary Injunction Hearing of November 12, 2013. Signed by Judge Arthur J. Schwab on 11/7/13. (lck) (Entered: 11/07/2013)

Nov. 7, 2013 PACER
43

STIPULATION to Undisputed Facts by CATHOLIC CHARITIES OF THE DIOCESE OF PITTSBURGH, INC., THE ROMAN CATHOLIC DIOCESE OF PITTSBURGH, DAVID A. ZUBIK. (Pohl, Paul) Modified on 11/8/2013. (jsp) (Entered: 11/07/2013)

Nov. 7, 2013 PACER
44

MOTION for attorney Jeffrey A. McSorley to Appear Pro Hac Vice, (Filing fee $40, Receipt # 0315-2991358) by CATHOLIC CHARITIES OF THE DIOCESE OF PITTSBURGH, INC., THE ROMAN CATHOLIC DIOCESE OF PITTSBURGH, DAVID A. ZUBIK. (Attachments: # 1 Affidavit of Jeffrey A. McSorley, # 2 Proposed Order) (McSorley, Jeffrey ) (Entered: 11/08/2013)

1 Affidavit of Jeffrey A. McSorley

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2 Proposed Order

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Nov. 8, 2013 PACER
45

Joint Exhibit List Chart by CATHOLIC CHARITIES OF THE DIOCESE OF PITTSBURGH, INC., THE ROMAN CATHOLIC DIOCESE OF PITTSBURGH, DAVID A. ZUBIK. (Pohl, Paul) Modified on 11/13/2013. (jsp) (Entered: 11/08/2013)

Nov. 8, 2013 PACER
46

ORDER granting 44 Motion for Jeffrey A. McSorley to Appear Pro Hac Vice. Signed by Judge Arthur J. Schwab on 11/8/13. (lck) (Entered: 11/08/2013)

Nov. 8, 2013 PACER
47

REPORT of Rule 26(f) Planning Meeting. (Humphreys, Bradley) (Entered: 11/08/2013)

Nov. 8, 2013 PACER
48

Proposed Case Management Order by JACOB J. LEW, THOMAS PEREZ, KATHLEEN SEBELIUS, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES, U.S. DEPARTMENT OF LABOR, U.S. DEPARTMENT OF TREASURY. (Humphreys, Bradley) Modified on 11/13/2013. (jsp) (Entered: 11/08/2013)

Nov. 8, 2013 PACER
49

MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM or, in the Alternative, for Summary Judgment by JACOB J. LEW, THOMAS PEREZ, KATHLEEN SEBELIUS, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES, U.S. DEPARTMENT OF LABOR, U.S. DEPARTMENT OF TREASURY. (Humphreys, Bradley). Added MOTION for Summary Judgment on 11/13/2013 (jsp). (Entered: 11/08/2013)

Nov. 8, 2013 PACER
50

BRIEF in Support re 49 Motion to Dismiss for Failure to State a Claim, or, in the Alternative, Motion for Summary Judgment filed by JACOB J. LEW, THOMAS PEREZ, KATHLEEN SEBELIUS, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES, U.S. DEPARTMENT OF LABOR, U.S. DEPARTMENT OF TREASURY. (Humphreys, Bradley) Modified on 11/13/2013. (jsp) (Entered: 11/08/2013)

Nov. 8, 2013 PACER
51

Joint MOTION to Strike the Certification of Ms. Shawn Braxton Concerning the Administrative Record by CATHOLIC CHARITIES OF THE DIOCESE OF PITTSBURGH, INC., THE ROMAN CATHOLIC DIOCESE OF PITTSBURGH, DAVID A. ZUBIK. (Attachments: # 1 Proposed Order, # 2 Exhibit A) (Pohl, Paul) (Entered: 11/11/2013)

1 Proposed Order

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2 Exhibit A

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Nov. 11, 2013 PACER
52

DEPOSITION of Gary M. Cohen taken on April 16, 2013 by CATHOLIC CHARITIES OF THE DIOCESE OF PITTSBURGH, INC., THE ROMAN CATHOLIC DIOCESE OF PITTSBURGH, DAVID A. ZUBIK. (Attachments: # 1 Exhibit A, # 2 Exhibit B) (Pohl, Paul) (Entered: 11/12/2013)

1 Exhibit A

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2 Exhibit B

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Nov. 12, 2013 PACER
53

DEPOSITION of Cardinal Timothy Dolan taken on November 7, 2013 by CATHOLIC CHARITIES OF THE DIOCESE OF PITTSBURGH, INC., THE ROMAN CATHOLIC DIOCESE OF PITTSBURGH, DAVID A. ZUBIK. (Attachments: # 1 Exhibit A) (Pohl, Paul) (Entered: 11/12/2013)

1 Exhibit A

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Nov. 12, 2013 PACER
54

DEPOSITION of Shawn Braxton taken on November 8, 2013 by CATHOLIC CHARITIES OF THE DIOCESE OF PITTSBURGH, INC., THE ROMAN CATHOLIC DIOCESE OF PITTSBURGH, DAVID A. ZUBIK. (Attachments: # 1 Exhibit A, # 2 Exhibit B) (Pohl, Paul) (Entered: 11/12/2013)

1 Exhibit A

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2 Exhibit B

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Nov. 12, 2013 PACER
55

NOTICE of Filing of Plaintiffs' Exhibits Admitted into Evidence at the November 12, 2013 Hearing on Plaintiffs' Motion for Preliminary Injunction by CATHOLIC CHARITIES OF THE DIOCESE OF PITTSBURGH, INC., THE ROMAN CATHOLIC DIOCESE OF PITTSBURGH, DAVID A. ZUBIK (Attachments: # 1 P1, # 2 P2, # 3 P3, # 4 P4, # 5 P5, # 6 P6, # 7 P7, # 8 P8, # 9 P10, # 10 P11, # 11 P12, # 12 P13, # 13 P14, # 14 P15, # 15 P16, # 16 P17, # 17 P18, # 18 P19, # 19 P20, # 20 P21, # 21 P23, # 22 P24, # 23 P25, # 24 P26, # 25 P27, # 26 P28, # 27 P29, # 28 P30, # 29 P31, # 30 P32, # 31 P33, # 32 P34, # 33 P35, # 34 P36, # 35 P44, # 36 P46 - part 1, # 37 P46 - part 2, # 38 P46 - part 3, # 39 P46 - part 4, # 40 P46 - part 5, # 41 P46 - part 6, # 42 P46 - part 7, # 43 P46 - part 8, # 44 P46 - part 9, # 45 P46 - part 10, # 46 P51, # 47 P75, # 48 P79, # 49 P85, # 50 P86, # 51 P87, # 52 P88, # 53 P89, # 54 P90, # 55 P91, # 56 P92) (Pohl, Paul) (Entered: 11/12/2013)

1 P1

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2 P2

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3 P3

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4 P4

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5 P5

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6 P6

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7 P7

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8 P8

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9 P10

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10 P11

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11 P12

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12 P13

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13 P14

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14 P15

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15 P16

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16 P17

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17 P18

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18 P19

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19 P20

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20 P21

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21 P23

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22 P24

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23 P25

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24 P26

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25 P27

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26 P28

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27 P29

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28 P30

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29 P31

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30 P32

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31 P33

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32 P34

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33 P35

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34 P36

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35 P44

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36 P46 - part 1

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37 P46 - part 2

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38 P46 - part 3

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39 P46 - part 4

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40 P46 - part 5

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41 P46 - part 6

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42 P46 - part 7

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43 P46 - part 8

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44 P46 - part 9

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45 P46 - part 10

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46 P51

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47 P75

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48 P79

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49 P85

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50 P86

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51 P87

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52 P88

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53 P89

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54 P90

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55 P91

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56 P92

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Nov. 12, 2013 PACER
56

Minute Entry for proceedings held before Judge Arthur J. Schwab: Motion Hearing held on 11/12/2013 re 4 MOTION for Preliminary Injunction filed by DAVID A. ZUBIK, THE ROMAN CATHOLIC DIOCESE OF PITTSBURGH, CATHOLIC CHARITIES OF THE DIOCESE OF PITTSBURGH, INC. Defendants to file their Response to Motion to Strike (doc no. 51 at 13-1459 and doc no 50 at 13-303 Erie) by 11/15/13; Reply due 11/18/13. Supplemental Briefing to Motion for Preliminary Injunction from all parties including amicus due 11/15/13 by 5:00 PM. Briefs limited to 10 pages. (Court Reporter: Richard Ford/Shirley Hall) (lck) (Entered: 11/13/2013)

Nov. 12, 2013 PACER
57

EXHIBITS Shown at Hearing on Motion for Preliminary Injunction held on 11/12/13. (lck) (Entered: 11/13/2013)

Nov. 12, 2013 PACER

Minute Entry for proceedings held before Judge Arthur J. Schwab: Case Management Conference held on 11/13/2013. Plaintiffs' shall file a new proposed Case Management Order. Case is exempt from ADR requirement. Text-only entry; no PDF document will issue. This text-only entry constitutes the Court's order or notice on the matter. Signed by Judge Arthur J. Schwab on 11/13/13. (Court Reporter: R. Ford) (ms)

Nov. 13, 2013 PACER
58

EXEMPTION of Case from ADR Program. Signed by Judge Judge Arthur J. Schwab on 11/13/13. (ms) (Entered: 11/13/2013)

Nov. 13, 2013 PACER
59

ADDITIONAL STIPULATED FACTS by CATHOLIC CHARITIES OF THE DIOCESE OF PITTSBURGH, INC., THE ROMAN CATHOLIC DIOCESE OF PITTSBURGH, DAVID A. ZUBIK. (Pohl, Paul) Modified on 11/15/2013. (jsp) (Entered: 11/13/2013)

Nov. 13, 2013 PACER

CLERK'S OFFICE QUALITY CONTROL MESSAGE re 49 Motion to Dismiss for Failure to State a Claim. ERROR: MULTIPLE Relief Motion Filed as One Relief. CORRECTION: Attorney advised in future that Motions of this nature are to be filed using the Motion Event and clicking on all the reliefs sought in said motion. Clerk of Court added/docketed Motion for Summary Judgment. This message is for informational purposes only. CLERK'S OFFICE QUALITY CONTROL MESSAGE. ERROR: Proposed Order was not attached. CORRECTION: Attorney is advised to file a proposed order by using the Proposed Order event and linking it to the document in question. This message is for informational purposes only. (jsp)

Nov. 13, 2013 PACER
60

Minute Entry for proceedings held before Judge Arthur J. Schwab: Motion Hearing held on 11/13/2013 re 4 MOTION for Preliminary Injunction filed by DAVID A. ZUBIK, THE ROMAN CATHOLIC DIOCESE OF PITTSBURGH, CATHOLIC CHARITIES OF THE DIOCESE OF PITTSBURGH, INC. The Court hears argument from the parties. The Court rules that Exhibit No. P 93 is Admitted. Defense Counsel may file a supplement to Ex. No. P93 by 11/15/13. Parties agree on exhibits admitted into the record. (Court Reporter: Richard Ford) (lck) (Entered: 11/13/2013)

Nov. 13, 2013 PACER
61

NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on November 12, 2013 before Judge Arthur J. Schwab. Court Reporter Richard Ford, Telephone number (412) 261-0802. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely, electronically available to the public without redaction after 90 calendar days. For redaction purposes, or otherwise, during this 90 day period a copy of the transcript may be purchased from the court reportert or viewed at the clerk's office public terminal. Notice of Intent for Redaction of Personal Data Identifiers due by 11/20/2013. Redaction Request due 12/4/2013. Redacted Transcript Deadline set for 12/16/2013. Release of Transcript Restriction set for 2/11/2014. (rtf, ) (Entered: 11/13/2013)

Nov. 13, 2013 PACER
62

NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on November 13, 2013 before Judge Arthur J. Schwab. Court Reporter Richard Ford, Telephone number (412) 261-0802. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely, electronically available to the public without redaction after 90 calendar days. For redaction purposes, or otherwise, during this 90 day period a copy of the transcript may be purchased from the court reporter or viewed at the clerk's office public terminal. Notice of Intent for Redaction of Personal Data Identifiers due by 11/20/2013. Redaction Request due 12/4/2013. Redacted Transcript Deadline set for 12/16/2013. Release of Transcript Restriction set for 2/11/2014. (rtf, ) (Entered: 11/13/2013)

Nov. 13, 2013 PACER
63

NOTICE of Filing Plaintiffs' Exhibit 93: Federal Rule of Evidence 1006 Summary to Prove Contents of Plaintiffs' Exhibits by CATHOLIC CHARITIES OF THE DIOCESE OF PITTSBURGH, INC., THE ROMAN CATHOLIC DIOCESE OF PITTSBURGH, DAVID A. ZUBIK (Attachments: # 1 P93) (Pohl, Paul) (Entered: 11/13/2013)

1 P93

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Nov. 13, 2013 PACER

TEXT ORDER: Upon further reflection of Plaintiffs' Exhibit P-93, filed at Doc. No. 63 -1, said Exhibit is admitted only as to Part I: Lack of Compelling Government Interest for the Preventative Services Mandate. Defendants' objection as to Parts II and III is sustained as Parts II and III are not relevant to the pending Motions for Expedited Preliminary Injunctions. Signed by Judge Arthur J. Schwab on 11/14/2013. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (lcb)

Nov. 14, 2013 PACER
64

NOTICE of Appearance by Michelle Bennett on behalf of JACOB J. LEW, THOMAS PEREZ, KATHLEEN SEBELIUS, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES, U.S. DEPARTMENT OF LABOR, U.S. DEPARTMENT OF TREASURY. (Bennett, Michelle) (Entered: 11/14/2013)

Nov. 14, 2013 PACER
65

NOTICE of Filing of Defendants' Cross Designations of Testimony from the Deposition Transcripts for Gary M. Cohen and Shawn L. Braxton by JACOB J. LEW, THOMAS PEREZ, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES, U.S. DEPARTMENT OF LABOR, U.S. DEPARTMENT OF TREASURY (Attachments: # 1 Exhibit, # 2 Exhibit) (Humphreys, Bradley) (Entered: 11/14/2013)

1 Exhibit

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2 Exhibit

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Nov. 14, 2013 PACER
66

Proposed Order re 49 Motion to Dismiss for Failure to State a Claim, Motion for Summary Judgment,, by JACOB J. LEW, THOMAS PEREZ, KATHLEEN SEBELIUS, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES, U.S. DEPARTMENT OF LABOR, U.S. DEPARTMENT OF TREASURY. (Humphreys, Bradley) (Entered: 11/14/2013)

Nov. 14, 2013 PACER
67

JOINT SUPPLEMENTAL BRIEF in Support re: 6 Brief in Support of re: 4 Motion for Preliminary Injunction, filed by CATHOLIC CHARITIES OF THE DIOCESE OF PITTSBURGH, INC., THE ROMAN CATHOLIC DIOCESE OF PITTSBURGH, DAVID A. ZUBIK. (Pohl, Paul) Modified on 11/18/2013. (plh) (Entered: 11/15/2013)

Nov. 15, 2013 PACER
68

BRIEF in Opposition to 4 MOTION for Preliminary Injunction, filed by JACOB J. LEW, THOMAS PEREZ, KATHLEEN SEBELIUS, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES, U.S. DEPARTMENT OF LABOR, U.S. DEPARTMENT OF TREASURY. (Humphreys, Bradley) (Entered: 11/15/2013)

Nov. 15, 2013 PACER
69

BRIEF in Opposition re 51 Motion to Strike, filed by JACOB J. LEW, THOMAS PEREZ, KATHLEEN SEBELIUS, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES, U.S. DEPARTMENT OF LABOR, U.S. DEPARTMENT OF TREASURY. (Humphreys, Bradley) (Entered: 11/15/2013)

Nov. 15, 2013 PACER
70

Proposed Case Management Order Revised Proposed Case Management Order by CATHOLIC CHARITIES OF THE DIOCESE OF PITTSBURGH, INC., THE ROMAN CATHOLIC DIOCESE OF PITTSBURGH, DAVID A. ZUBIK. (Pohl, Paul) (Entered: 11/18/2013)

Nov. 18, 2013 PACER
71

REPLY in support to 51 Motion to Strike, filed by CATHOLIC CHARITIES OF THE DIOCESE OF PITTSBURGH, INC., THE ROMAN CATHOLIC DIOCESE OF PITTSBURGH, DAVID A. ZUBIK. (Pohl, Paul) (Entered: 11/18/2013)

Nov. 18, 2013 PACER
72

REVISED CASE MANAGEMENT ORDER: Parties shall move to amend the pleadings or add new parties by 12/2/13; Exchange of required Rule 26(a)(1) information due by 12/20/2013; Motion to Compel due by 1/10/2014; Response to Motion to Compel due by 1/24/2014; Fact Discovery completed by 7/11/2014. Response to Motion to Dismiss or in the alternative, Motion for Summary Judgment due by 12/13/2013 Reply brief due by 1/3/2014; Surreply due 1/10/14. Signed by Judge Arthur J. Schwab on 11/19/13. (lck) (Entered: 11/19/2013)

Nov. 19, 2013 PACER
73

SUMMONS/Return of Service Returned Executed by THE ROMAN CATHOLIC DIOCESE OF PITTSBURGH, DAVID A. ZUBIK, CATHOLIC CHARITIES OF THE DIOCESE OF PITTSBURGH, INC.. Civil Process Clerk served 10/9/2013. (Attachments: # 1 Exhibit A) (Stahler, Mary Pat) Modified on 11/21/2013 to edit docket text. (ksa) (Entered: 11/20/2013)

1 Exhibit A

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Nov. 20, 2013 PACER
74

ORDER denying 51 Motion to Strike Certification without prejudice. Signed by Judge Arthur J. Schwab on 11/20/2013. (lmt) (Entered: 11/20/2013)

Nov. 20, 2013 PACER
75

MEMORANDUM OPINION RE: 4 Plaintiffs' Motions for Expedited Preliminary Injunction. An appropriate Order follows. Signed by Judge Arthur J. Schwab on 11/21/2013. (lcb) (Entered: 11/21/2013)

Nov. 21, 2013 RECAP
76

ORDER OF COURT GRANTING 4 Plaintiffs' Motions for Expedited Preliminary Injunction. Signed by Judge Arthur J. Schwab on 11/21/2013. (lcb) (Entered: 11/21/2013)

Nov. 21, 2013 RECAP
77

BRIEF in Opposition re 49 Motion to Dismiss for Failure to State a Claim, Motion for Summary Judgment, filed by CATHOLIC CHARITIES OF THE DIOCESE OF PITTSBURGH, INC., THE ROMAN CATHOLIC DIOCESE OF PITTSBURGH, DAVID A. ZUBIK. (Attachments: # 1 Index to Exhibits, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D) (Pohl, Paul) (Entered: 12/13/2013)

1 Index to Exhibits

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2 Exhibit A

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3 Exhibit B

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4 Exhibit C

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5 Exhibit D

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Dec. 13, 2013 PACER
78

Unopposed MOTION for Permanent Injunction by CATHOLIC CHARITIES OF THE DIOCESE OF PITTSBURGH, INC., THE ROMAN CATHOLIC DIOCESE OF PITTSBURGH, DAVID A. ZUBIK. (Attachments: # 1 Proposed Order) (Pohl, Paul) (Entered: 12/20/2013)

1 Proposed Order

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Dec. 20, 2013 PACER
79

BRIEF in Support re 78 Motion for Permanent Injunction filed by CATHOLIC CHARITIES OF THE DIOCESE OF PITTSBURGH, INC., THE ROMAN CATHOLIC DIOCESE OF PITTSBURGH, DAVID A. ZUBIK. (Pohl, Paul) (Entered: 12/20/2013)

Dec. 20, 2013 PACER
80

NOTICE of Non-Opposition to Plaintiffs' Motion to Convert Preliminary Injunction into Permanent Injunction by JACOB J. LEW, THOMAS PEREZ, KATHLEEN SEBELIUS, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES, U.S. DEPARTMENT OF LABOR, U.S. DEPARTMENT OF TREASURY re 78 Motion for Permanent Injunction (Humphreys, Bradley) (Entered: 12/20/2013)

Dec. 20, 2013 PACER
81

ORDER GRANTING 78 Unopposed Motion for Permanent Injunction. Signed by Judge Arthur J. Schwab on 12/20/13. (lck) (Entered: 12/20/2013)

Dec. 20, 2013 RECAP
82

NOTICE OF APPEAL as to 81 Order on Motion for Permanent Injunction by JACOB J. LEW, THOMAS PEREZ, KATHLEEN SEBELIUS, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES, U.S. DEPARTMENT OF LABOR, U.S. DEPARTMENT OF TREASURY. Motion for IFP N/A. Certificate of Appealability N/A. Court Reporter(s): Richard Ford. The Clerk's Office hereby certifies the record and the docket sheet available through ECF to be the certified list in lieu of the record and/or the certified copy of the docket entries. The Transcript Purchase Order form will NOT be mailed to the parties. The form is available on the Court's internet site. (Humphreys, Bradley) (Entered: 02/11/2014)

Feb. 11, 2014 PACER
84

JUDGMENT OF USCA as to 82 Notice of Appeal, filed by U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES, U.S. DEPARTMENT OF LABOR, JACOB J. LEW, THOMAS PEREZ, U.S. DEPARTMENT OF TREASURY, KATHLEEN SEBELIUS Reversing judgment/order of the district court. Costs taxed against the appellees. Mandate will follow. (pdb3, ) Modified on 2/12/2015. (jsp) (Entered: 02/11/2015)

Feb. 11, 2015 PACER
85

NOTICE of Appearance by Adam Grogg on behalf of JACOB J. LEW, THOMAS PEREZ, KATHLEEN SEBELIUS, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES, U.S. DEPARTMENT OF LABOR, U.S. DEPARTMENT OF TREASURY. (Grogg, Adam) (Entered: 03/03/2015)

March 3, 2015 PACER
86

Unopposed MOTION of Bradley P. Humphreys to Withdraw as Attorney by JACOB J. LEW, THOMAS PEREZ, KATHLEEN SEBELIUS, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES, U.S. DEPARTMENT OF LABOR, U.S. DEPARTMENT OF TREASURY. (Attachment: # 1 Proposed Order) (Humphreys, Bradley) Modified on 3/9/2015. (jsp) (Entered: 03/06/2015)

1 Proposed Order

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March 6, 2015 PACER
87

ORDER GRANTING 86 Motion to Withdraw as Attorney. Attorney Bradley P. Humphreys terminated. Signed by Judge Arthur J. Schwab on 3/6/15. (lck) (Entered: 03/06/2015)

March 6, 2015 PACER
88

MANDATE of USCA issued as to 82 Notice of Appeal, filed by U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES, U.S. DEPARTMENT OF LABOR, JACOB J. LEW, THOMAS PEREZ, U.S. DEPARTMENT OF TREASURY, KATHLEEN SEBELIUS, reversing judgment/order of the district court. Costs taxed against the appellees. (Attachments: # 1 mandate letter, # 2 opinion) (tmm3, ) Modified on 4/16/2015. (jsp) (Entered: 04/15/2015)

1 mandate letter

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2 opinion

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April 15, 2015 PACER
89

MOTION of Mary Pat Stahler to Withdraw as Attorney by CATHOLIC CHARITIES OF THE DIOCESE OF PITTSBURGH, INC., THE ROMAN CATHOLIC DIOCESE OF PITTSBURGH, DAVID A. ZUBIK. (Stahler, Mary Pat) Modified on 10/1/2015. (jsp) (Entered: 09/30/2015)

Sept. 30, 2015 PACER
90

TEXT ORDER GRANTING 89 Motion to Withdraw as Attorney. Attorney Mary Pat Stahler terminated. Signed by Judge Arthur J. Schwab on 10/1/15. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (lck) (Entered: 10/01/2015)

Oct. 1, 2015 PACER

CLERK'S OFFICE QUALITY CONTROL MESSAGE re 89 Motion to Withdraw as Attorney. ERROR: Proposed Order was not attached. CORRECTION: Attorney is advised for future reference that motions are to be submitted with an attached proposed order. No further action is required. This message is for informational purposes only. (jsp)

Oct. 1, 2015 PACER
91

MOTION to Withdraw as Attorney by JACOB J. LEW, THOMAS PEREZ, KATHLEEN SEBELIUS, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES, U.S. DEPARTMENT OF LABOR, U.S. DEPARTMENT OF TREASURY. (Grogg, Adam) (Entered: 08/15/2017)

Aug. 15, 2017 PACER

State / Territory: Pennsylvania

Case Type(s):

Speech and Religious Freedom

Special Collection(s):

Contraception Insurance Mandate

Key Dates

Filing Date: Oct. 9, 2013

Closing Date: Oct. 20, 2017

Case Ongoing: No

Plaintiffs

Plaintiff Description:

The Reverend David A. Zubik, as Trustee of the Roman Catholic Diocese of Pittsburgh, a charitable trust; the Roman Catholic Diocese of Pittsburgh, as the Beneficial Owner of the Pittsburgh series of the Catholic Benefits Trust; and Catholic Charities of the Diocese of Pittsburgh, Inc, collectively the Romance Catholic Diocese of Pittsburgh.

Plaintiff Type(s):

Non-profit religious organization

Private Plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Department of Health and Human Services, Federal

Department of Treasury, Federal

Department of Labor, 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.

Constitutional Clause(s):

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:

Unknown

Source of Relief:

Settlement

Form of Settlement:

Voluntary Dismissal

Content of Injunction:

Preliminary relief granted

Issues

General:

Abortion

Contraception

Religious programs / policies

Discrimination-basis:

Religion discrimination