Case: Right to Life Michigan v. Sebelius

1:13-cv-01202 | U.S. District Court for the Western District of Michigan

Filed Date: Nov. 4, 2013

Closed Date: 2015

Clearinghouse coding complete

Case Summary

On November 4, 2013, Right to Life of Michigan ("Right to Life") filed a lawsuit in the U.S. District Court for the Western District of Michigan against the Federal Government under the Religious Freedom Restoration Act (RFRA), the First Amendment, and the Administrative Procedure Act (APA). Plaintiff, represented by private counsel, asked the court to issue a preliminary and permanent injunction prohibiting enforcement of provisions of the Affordable Care Act (ACA) extending universal contrace…

On November 4, 2013, Right to Life of Michigan ("Right to Life") filed a lawsuit in the U.S. District Court for the Western District of Michigan against the Federal Government under the Religious Freedom Restoration Act (RFRA), the First Amendment, and the Administrative Procedure Act (APA). Plaintiff, represented by private counsel, asked the court to issue a preliminary and permanent injunction prohibiting enforcement of provisions of the Affordable Care Act (ACA) extending universal contraception coverage to employer-sponsored private health insurance coverage. Specifically, Right to Life of Michigan contended that compliance with the contraception coverage requirement violated its sincerely held religious beliefs.

On January 13, 2014, the federal Government moved to dismiss the complaint. The Department of Justice argued that Right to Life challenged aspects of the ACA that had been superseded by the 2013 Final Rule, which, the U.S. suggested granted accommodation to eligible non-profit religious organizations. Right to Life therefore, according to the U.S., lacked subject matter jurisdiction. On January 27, 2014, Right to Life amended its complaint to specifically challenge the 2013 Final Rule. Under the new regulation, Right to Life still did not fall within the "religious employer" exception, but did qualify for the accommodation as an "eligible organization." Right to Life challenged this accommodation, arguing that it required them to provide self-certification to their insurance provider setting forth their religious objections to the regulation, which in turn triggerdd an obligation on the part of the insurance provider to procure the services plaintiffs found objectionable. Plaintiffs continued to ask the court to grant a permanent injunction against enforcement of the relevant provisions of the ACA. On February 3, 2014, the court (Judge Robert J. Jonker) ordered that the amended complaint replace the original complaint rendering the Federal Government's motion to dismiss moot.

On February 10, 2014, the Federal Government filed an unopposed motion to stay the proceedings pending the Sixth Circuit's ruling in the consolidated appeals of Catholic Diocese of Nashville and Michigan Catholic Conference. On February 14, 2014, the court (Judge Robert J. Jonker) granted the motion to stay.

The court issued another stay on September 10, 2014 pending proposed federal regulations. The stay was lifted on February 17, 2015. On May 13, 2015 the plaintiffs filed a motion for declaratory judgment and on May 21, 2015 defendants filed a motion to dismiss. The court granted the defendant’s motion to dismiss and entered judgement in favor of the plaintiff on October 21, 2015. The court found that the plaintiff’s claims were identical to the other recent cases in the Sixth Circuit in which the Sixth Circuit Court of Appeals rejected the plaintiff’s kind of challenge to the accommodations under RFRA. See Michigan Catholic Conference and Catholic Family Services v. Burwell, 807 F.3d 738 (6th Cir. 2015).

This case is now closed.

Summary Authors

Richard Jolly (5/5/2014)

Sean Mulloy (10/22/2017)

Related Cases

Michigan Catholic Conference v. Sebelius, Western District of Michigan (2013)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/13292758/parties/right-to-life-of-michigan-v-sebelius/


Judge(s)

Jonker, Robert James (Michigan)

Attorneys(s) for Plaintiff

Rizik, Michael B. (Michigan)

Attorneys(s) for Defendant

Lieber, Sheila M. (District of Columbia)

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

Mizer, Benjamin C. (District of Columbia)

Ricketts, Jennifer (District of Columbia)

Saltman, Julie Shana (District of Columbia)

Judge(s)

Jonker, Robert James (Michigan)

Attorneys(s) for Plaintiff

Rizik, Michael B. (Michigan)

Attorneys(s) for Defendant

Lieber, Sheila M. (District of Columbia)

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

Mizer, Benjamin C. (District of Columbia)

Ricketts, Jennifer (District of Columbia)

Saltman, Julie Shana (District of Columbia)

Documents in the Clearinghouse

Document

1:13-cv-01202

Docket

Oct. 27, 2015

Oct. 27, 2015

Docket
1

1:13-cv-01202

Verified Complaint

Nov. 4, 2013

Nov. 4, 2013

Complaint
15

1:13-cv-01202

Brief in Support of Motion to Dismiss

Jan. 13, 2014

Jan. 13, 2014

Pleading / Motion / Brief
17

1:13-cv-01202

First Amended Complaint

Jan. 27, 2014

Jan. 27, 2014

Complaint
19

1:13-cv-01202

Plaintiff's Brief Opposing Motion to Dimiss

Jan. 29, 2014

Jan. 29, 2014

Pleading / Motion / Brief
22

1:13-cv-01202

Order (Dismissing Motion as Moot)

Feb. 3, 2014

Feb. 3, 2014

Order/Opinion
23

1:13-cv-01202

Defendant's Unopposed Motion to Stay Proceedings

Feb. 10, 2014

Feb. 10, 2014

Pleading / Motion / Brief
25

1:13-cv-01202

Order Granting Motion to Stay

Feb. 14, 2014

Feb. 14, 2014

Order/Opinion
45

1:13-cv-01202

Defendants' Memorandum In Support of Its Motion to Dismiss or, In the Alternative, For Summary Judgment

Right to Life of Michigan v. Burwell

May 21, 2015

May 21, 2015

Pleading / Motion / Brief
74

1:13-cv-01202

Opinion and Order

Right to Life of Michigan v. Burwell

Oct. 27, 2015

Oct. 27, 2015

Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/13292758/right-to-life-of-michigan-v-sebelius/

Last updated Aug. 21, 2022, 3:01 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT Verified Complaint against All Defendants filed by Right to Life of Michigan(Rizik, Michael) (Entered: 11/04/2013)

Nov. 4, 2013

Nov. 4, 2013

Clearinghouse

FILING FEE PAID re 1 by plaintiff Right to Life of Michigan in the amount of $400, receipt number 0646-2726499 (Rizik, Michael)

Nov. 4, 2013

Nov. 4, 2013

PACER
2

PROPOSED SUMMONS to be issued re 1 (Rizik, Michael) (Entered: 11/04/2013)

Nov. 4, 2013

Nov. 4, 2013

PACER

MOTION for preliminary injunction, MOTION for permanent injunction (as taken from Doc 1 ) by plaintiff Right to Life of Michigan; (pjw)

Nov. 4, 2013

Nov. 4, 2013

PACER
3

Civil Cover Sheet EXHIBIT re 1 Verified Complaint by plaintiff Right to Life of Michigan (Rizik, Michael) (Entered: 11/05/2013)

Nov. 5, 2013

Nov. 5, 2013

PACER
4

CORPORATE DISCLOSURE STATEMENT by Right to Life of Michigan (Rizik, Michael) (Entered: 11/05/2013)

Nov. 5, 2013

Nov. 5, 2013

PACER
5

NOTICE that this case has been assigned to Judge Robert J. Jonker (pjw) (Entered: 11/05/2013)

Nov. 5, 2013

Nov. 5, 2013

PACER

SUMMONS NOT ISSUED as to defendants Jack Lew, Thomas Perez, Kathleen Sebelius, United States Department of Health and Human Services, United States Department of Labor, United States Department of the Treasury (incomplete) (pjw)

Nov. 5, 2013

Nov. 5, 2013

PACER
6

PROPOSED SUMMONS to be issued re 1 (Rizik, Michael) (Entered: 11/05/2013)

Nov. 5, 2013

Nov. 5, 2013

PACER
7

SUMMONS ISSUED as to defendants Jack Lew, Thomas Perez, Kathleen Sebelius, United States Department of Health and Human Services, United States Department of Labor, United States Department of the Treasury, U.S. Attorney and U.S. Attorney General (jlg) (Entered: 11/06/2013)

Nov. 6, 2013

Nov. 6, 2013

PACER
8

SUMMONS returned executed; Thomas Perez served on 11/12/2013, answer due 1/13/2014 (Rizik, Michael) Modified text on 12/2/2013 (jlg). (Entered: 11/21/2013)

Nov. 21, 2013

Nov. 21, 2013

PACER
9

SUMMONS returned executed; Kathleen Sebelius served on 11/12/2013, answer due 1/13/2014 (Rizik, Michael) Modified text on 12/2/2013 (jlg). (Entered: 11/21/2013)

Nov. 21, 2013

Nov. 21, 2013

PACER
10

SUMMONS returned executed; Jack Lew served on 11/12/2013, answer due 1/13/2014 (Rizik, Michael) Modified text on 12/2/2013 (jlg). (Entered: 11/21/2013)

Nov. 21, 2013

Nov. 21, 2013

PACER
11

SUMMONS returned executed on United States Department of Health and Human Services, US Attorney and US Attorney General; service upon defendant, United States Department of Health and Human Services complete on 11/12/2013, answer due 1/13/2014 (Rizik, Michael) (Entered: 11/21/2013)

Nov. 21, 2013

Nov. 21, 2013

PACER
12

SUMMONS returned executed on United States Department of Labor, US Attorney and US Attorney General; service upon defendant, United States Department of Labor complete on 11/12/2013, answer due 1/13/2014 (Rizik, Michael) (Entered: 11/21/2013)

Nov. 21, 2013

Nov. 21, 2013

PACER
13

SUMMONS returned executed on United States Department of the Treasury, US Attorney and US Attorney General; service upon defendant, United States Department of the Treasury complete on 11/12/2013, answer due 1/13/2014 (Rizik, Michael) (Entered: 11/21/2013)

Nov. 21, 2013

Nov. 21, 2013

PACER
14

MOTION to dismiss for lack of jurisdiction by defendants Jack Lew, Thomas Perez, Kathleen Sebelius, United States Department of Health and Human Services, United States Department of Labor, United States Department of the Treasury; (Attachments: # 1 Proposed Order)(Saltman, Julie) (Entered: 01/13/2014)

Jan. 13, 2014

Jan. 13, 2014

PACER
15

BRIEF in support of MOTION to dismiss for lack of jurisdiction 14 filed by Jack Lew, Thomas Perez, Kathleen Sebelius, United States Department of Health and Human Services, United States Department of Labor, United States Department of the Treasury(Saltman, Julie) (Entered: 01/13/2014)

Jan. 13, 2014

Jan. 13, 2014

Clearinghouse
16

ORDER setting Rule 16 scheduling conference: Rule 16 scheduling conference is set for 3/19/2014 at 4:00 PM at 699 Federal Building, Grand Rapids, MI before Judge Robert J. Jonker; status report due by 3/13/2014 ; signed by Judge Robert J. Jonker (Judge Robert J. Jonker, ymc) (Entered: 01/21/2014)

Jan. 21, 2014

Jan. 21, 2014

PACER
17

First AMENDED COMPLAINT against All Defendants filed by Right to Life of Michigan(Rizik, Michael) Modified text on 1/28/2014 (jlg). (Entered: 01/27/2014)

Jan. 27, 2014

Jan. 27, 2014

Clearinghouse
18

RESPONSE in opposition to MOTION to dismiss for lack of jurisdiction 14 Plaintiff's Anwer to Defendant's Motion to Dismiss filed by Right to Life of Michigan (Rizik, Michael) (Entered: 01/29/2014)

Jan. 29, 2014

Jan. 29, 2014

PACER
19

BRIEF by plaintiff Right to Life of Michigan re 18 Plaintiff's Brief Opposing Motion to Dismiss (Attachments: # 1 Exhibits 1-6)(Rizik, Michael) Modified text on 1/30/2014 (jlg). (Entered: 01/29/2014)

Jan. 29, 2014

Jan. 29, 2014

Clearinghouse
20

NOTICE to attorney Michael Rizik regarding recent filing 19 (jlg) (Entered: 01/30/2014)

Jan. 30, 2014

Jan. 30, 2014

PACER
21

CORRECTED BRIEF by plaintiff Right to Life of Michigan re 18 with Corrected Exhibits (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6)(Rizik, Michael) Modified text on 2/3/2014; this entry replaces 19 (jlg). (Entered: 01/31/2014)

Jan. 31, 2014

Jan. 31, 2014

PACER
22

ORDER dismissing as moot 14 motion to dismiss for lack of jurisdiction; signed by Judge Robert J. Jonker (Judge Robert J. Jonker, ymc) (Entered: 02/03/2014)

Feb. 3, 2014

Feb. 3, 2014

Clearinghouse
23

UNOPPOSED MOTION to stay by defendants Jack Lew, Thomas Perez, Kathleen Sebelius, United States Department of Health and Human Services, United States Department of Labor, United States Department of the Treasury; (Attachments: # 1 Proposed Order)(Saltman, Julie) (Entered: 02/10/2014)

Feb. 10, 2014

Feb. 10, 2014

Clearinghouse
24

RESPONSE in support of UNOPPOSED MOTION to stay 23 filed by Right to Life of Michigan (Rizik, Michael) Modified text on 2/12/2014 (jlg). (Entered: 02/11/2014)

Feb. 11, 2014

Feb. 11, 2014

PACER
25

ORDER granting 23 motion to stay; Rule 16 Conference scheduled for 3/19/2014 is CANCELLED; Telephone Status Conference with counsel is set for 7/18/2014 at 3:00 PM; signed by Judge Robert J. Jonker (Judge Robert J. Jonker, ymc) (Entered: 02/14/2014)

Feb. 14, 2014

Feb. 14, 2014

Clearinghouse
26

(DISREGARD) NOTICE rescheduling hearing that was previously set for 7/18/14 at 3:00 p.m. (change in time only); telephone status conference set for 7/18/2014 at 02:00 PM at 699 Federal Building, Grand Rapids, MI before Judge Robert J. Jonker;(Judge Robert J. Jonker, mil) Modified text on 6/2/2014 (dfw). (Entered: 05/29/2014)

May 29, 2014

May 29, 2014

PACER
27

NOTICE rescheduling hearing that was previously set for 7/18/14 at 3:00 (change in time only); status conference reset for 7/18/2014 at 02:00 PM at 699 Federal Building, Grand Rapids, MI before Judge Robert J. Jonker; (Judge Robert J. Jonker, mil) (Entered: 05/29/2014)

May 29, 2014

May 29, 2014

PACER
28

UNOPPOSED MOTION to amend/correct Plaintiff's Unopposed Motion to Amend Caption by plaintiff Right to Life of Michigan; (Rizik, Michael) (Entered: 07/16/2014)

July 16, 2014

July 16, 2014

PACER
29

PROPOSED ORDER regarding Order to Amend Caption by plaintiff Right to Life of Michigan (Rizik, Michael) (Entered: 07/16/2014)

July 16, 2014

July 16, 2014

PACER
30

NOTICE rescheduling hearing that was previously set for 7/18/14 at 2:00 p..m.; status conference set for 9/9/2014 at 03:00 PM at 699 Federal Building, Grand Rapids, MI before Judge Robert J. Jonker; (Judge Robert J. Jonker, mil) (Entered: 07/17/2014)

July 17, 2014

July 17, 2014

PACER
31

ORDER granting 28 motion to amend/correct; terminating PROPOSED ORDER 29 ; signed by Judge Robert J. Jonker (Judge Robert J. Jonker, ymc) (Entered: 07/18/2014)

July 18, 2014

July 18, 2014

PACER
33

MINUTES of telephone status conference held before Judge Robert J. Jonker (Court Reporter: Glenda Trexler) (Judge Robert J. Jonker, ymc) (Entered: 09/10/2014)

Sept. 9, 2014

Sept. 9, 2014

PACER
32

ORDER STAYING CASE, all deadlines, disclosures, and discovery remain stayed; ORDER setting status conference: status conference set for 1/14/2015 at 4:00 PM by telephone before Judge Robert J. Jonker; signed by Judge Robert J. Jonker (Judge Robert J. Jonker, ymc) (Entered: 09/10/2014)

Sept. 10, 2014

Sept. 10, 2014

PACER
34

UNOPPOSED MOTION to continue Telephonic Status Conference on January 14, 2015 at 4:00 p.m. by defendants Sylvia Mathews Burwell, Jack Lew, Thomas Perez, United States Department of Health and Human Services, United States Department of Labor, United States Department of the Treasury; (Attachments: # 1 Proposed Order)(Saltman, Julie) (Entered: 01/13/2015)

Jan. 13, 2015

Jan. 13, 2015

PACER
35

ORDER granting 34 motion to continue telephone status conference ; signed by Judge Robert J. Jonker (Judge Robert J. Jonker, mil) (Entered: 01/14/2015)

Jan. 14, 2015

Jan. 14, 2015

PACER
36

NOTICE of telephonic status conference set for 2/12/2015 at 04:00 PM at 699 Federal Building, Grand Rapids, MI before Judge Robert J. Jonker; (Judge Robert J. Jonker, mil) (Entered: 01/14/2015)

Jan. 14, 2015

Jan. 14, 2015

PACER
37

MINUTES of status conference held before Judge Robert J. Jonker (Court Reporter: Glenda Trexler) (Judge Robert J. Jonker, mil) (Entered: 02/13/2015)

Feb. 12, 2015

Feb. 12, 2015

PACER
38

ORDER LIFTING STAY and setting briefing schedule ; signed by Judge Robert J. Jonker (Judge Robert J. Jonker, ymc) (Entered: 02/17/2015)

Feb. 17, 2015

Feb. 17, 2015

PACER
39

UNOPPOSED MOTION for extension of time to by defendants Sylvia Mathews Burwell, Jack Lew, Thomas Perez, United States Department of Health and Human Services, United States Department of Labor, United States Department of the Treasury; (Attachments: # 1 Proposed Order) (Saltman, Julie) (Entered: 04/24/2015)

April 24, 2015

April 24, 2015

PACER
40

RESPONSE in support of UNOPPOSED MOTION for extension of time to 39 Plaintiff's Concurrence With Defendants' Motion for Extension filed by Right to Life of Michigan (Rizik, Michael) (Entered: 04/27/2015)

April 27, 2015

April 27, 2015

PACER
41

ORDER granting 39 motion for extension of time ; signed by Judge Robert J. Jonker (Judge Robert J. Jonker, mil) (Entered: 04/29/2015)

April 29, 2015

April 29, 2015

PACER
42

MOTION for declaratory judgment, brief in support, and request for oral argument by plaintiff Right to Life of Michigan; (Attachments: # 1 Exhibit 1) (Rizik, Michael) Modified text on 5/13/2015 (clp). (Entered: 05/13/2015)

May 13, 2015

May 13, 2015

PACER
43

NOTICE OF MOTION HEARING regarding document number 42 : motion hearing is set for 7/9/2015 at 02:00 PM at 699 Federal Building, Grand Rapids, MI before Judge Robert J. Jonker; (Judge Robert J. Jonker, mil) (Entered: 05/18/2015)

May 18, 2015

May 18, 2015

PACER
44

MOTION to dismiss, or in the alternative, for summary judgment by defendants Sylvia Mathews Burwell, Jack Lew, Thomas Perez, United States Department of Health and Human Services, United States Department of Labor, United States Department of the Treasury; (Attachments: # 1 Proposed Order) (Saltman, Julie) (Entered: 05/21/2015)

May 21, 2015

May 21, 2015

PACER
45

MEMORANDUM in support of Motion to Dismiss, or in the alternative, for Summary Judgment, 44 filed by Sylvia Mathews Burwell, Jack Lew, Thomas Perez, United States Department of Health and Human Services, United States Department of Labor, United States Department of the Treasury (Attachments: # 1 Attachment 1) (Saltman, Julie) (Entered: 05/21/2015)

May 21, 2015

May 21, 2015

Clearinghouse
46

UNOPPOSED MOTION for leave to file excess pages by defendants Sylvia Mathews Burwell, Jack Lew, Thomas Perez, United States Department of Health and Human Services, United States Department of Labor, United States Department of the Treasury; (Attachments: # 1 Proposed Order) (Saltman, Julie) (Entered: 05/21/2015)

May 21, 2015

May 21, 2015

PACER
47

CONSENT MOTION for extension of time to file motion to dismiss or, in the alternative, for summary judgment (nunc pro tunc) by defendants Sylvia Mathews Burwell, Jack Lew, Thomas Perez, United States Department of Health and Human Services, United States Department of Labor, United States Department of the Treasury; (Attachments: # 1 Proposed Order) (Saltman, Julie) (Entered: 05/21/2015)

May 21, 2015

May 21, 2015

PACER
48

NOTICE of Filing of Certified Administrative Record by defendants Sylvia Mathews Burwell, Jack Lew, Thomas Perez, United States Department of Health and Human Services, United States Department of Labor, United States Department of the Treasury (Attachments: # 1 Index, # 2 Certification) (Saltman, Julie) (Entered: 05/22/2015)

May 22, 2015

May 22, 2015

PACER
49

ADMINISTRATIVE RECORD from 1-574 by defendants Sylvia Mathews Burwell, Jack Lew, Thomas Perez, United States Department of Health and Human Services, United States Department of Labor, United States Department of the Treasury (Attachments: # 1 575-633, # 2 634, # 3 635-653, # 4 654-872, # 5 873-907, # 6 908-1229, # 7 1230-1328, # 8 1329-1504, # 9 1505-1650, # 10 1651-2142, # 11 2143-2556, # 12 2557-6033, # 13 6034-9602, # 14 9603-12997, # 15 12998-16429, # 16 16430-19832, # 17 19833-23545, # 18 23546-25414) (Saltman, Julie) (Entered: 05/22/2015)

May 22, 2015

May 22, 2015

PACER
50

ADMINISTRATIVE RECORD from ANPRM Comments Part 1 by defendants Sylvia Mathews Burwell, Jack Lew, Thomas Perez, United States Department of Health and Human Services, United States Department of Labor, United States Department of the Treasury (Attachments: # 1 ANPRM Comments Part 2, # 2 ANPRM Comments Part 3, # 3 ANPRM Comments Part 4, # 4 ANPRM Comments Part 5, # 5 ANPRM Comments Part 6, # 6 ANPRM Comments Part 7, # 7 ANPRM Comments Part 8, # 8 ANPRM Comments Part 9, # 9 ANPRM Comments Part 10, # 10 ANPRM Comments Part 11, # 11 ANPRM Comments Part 12, # 12 ANPRM Comments Part 13, # 13 ANPRM Comments Part 14, # 14 ANPRM Comments Part 15, # 15 ANPRM Comments Part 16) (Saltman, Julie) (Entered: 05/22/2015)

May 22, 2015

May 22, 2015

PACER
51

ADMINISTRATIVE RECORD from ANPRM Comments Part 17 by defendants Sylvia Mathews Burwell, Jack Lew, Thomas Perez, United States Department of Health and Human Services, United States Department of Labor, United States Department of the Treasury (Attachments: # 1 ANPRM Comments Part 18, # 2 ANPRM Comments Part 19, # 3 ANPRM Comments Part 20, # 4 ANPRM Comments Part 21, # 5 ANPRM Comments Part 22, # 6 ANPRM Comments Part 23, # 7 ANPRM Comments Part 24, # 8 ANPRM Comments Part 25, # 9 ANPRM Comments Part 26, # 10 ANPRM Comments Part 27, # 11 ANPRM Comments Part 28, # 12 ANPRM Comments Part 29, # 13 ANPRM Comments Part 30, # 14 ANPRM Comments Part 31, # 15 ANPRM Comments Part 32, # 16 ANPRM Comments Part 33, # 17 ANPRM Comments Part 34) (Saltman, Julie) (Entered: 05/22/2015)

May 22, 2015

May 22, 2015

PACER
52

ADMINISTRATIVE RECORD from NPRM Comments Part 1 by defendants Sylvia Mathews Burwell, Jack Lew, Thomas Perez, United States Department of Health and Human Services, United States Department of Labor, United States Department of the Treasury (Attachments: # 1 NPRM Comments Part 2, # 2 NPRM Comments Part 3, # 3 NPRM Comments Part 4, # 4 NPRM Comments Part 5, # 5 NPRM Comments Part 6, # 6 NPRM Comments Part 7, # 7 NPRM Comments Part 8, # 8 NPRM Comments Part 9, # 9 NPRM Comments Part 10, # 10 NPRM Comments Part 11, # 11 NPRM Comments Part 12, # 12 NPRM Comments Part 13, # 13 NPRM Comments Part 14, # 14 NPRM Comments Part 15, # 15 NPRM Comments Part 16, # 16 NPRM Comments Part 17, # 17 NPRM Comments Part 18, # 18 NPRM Comments Part 19, # 19 NPRM Comments Part 20) (Saltman, Julie) (Entered: 05/22/2015)

May 22, 2015

May 22, 2015

PACER
53

ADMINISTRATIVE RECORD from NPRM Comments Part 21 by defendants Sylvia Mathews Burwell, Jack Lew, Thomas Perez, United States Department of Health and Human Services, United States Department of Labor, United States Department of the Treasury (Attachments: # 1 NPRM Comments Part 22, # 2 NPRM Comments Part 23, # 3 NPRM Comments Part 24, # 4 NPRM Comments Part 25, # 5 NPRM Comments Part 26, # 6 NPRM Comments Part 27, # 7 NPRM Comments Part 28, # 8 NPRM Comments Part 29, # 9 NPRM Comments Part 30, # 10 NPRM Comments Part 31, # 11 NPRM Comments Part 32, # 12 NPRM Comments Part 33, # 13 NPRM Comments Part 34, # 14 NPRM Comments Part 35, # 15 NPRM Comments Part 36, # 16 NPRM Comments Part 37, # 17 NPRM Comments Part 38, # 18 NPRM Comments Part 39, # 19 NPRM Comments Part 40) (Saltman, Julie) (Entered: 05/22/2015)

May 22, 2015

May 22, 2015

PACER
54

ADMINISTRATIVE RECORD from NPRM Comments Part 41 by defendants Sylvia Mathews Burwell, Jack Lew, Thomas Perez, United States Department of Health and Human Services, United States Department of Labor, United States Department of the Treasury (Attachments: # 1 NPRM Comments Part 42, # 2 NPRM Comments Part 43, # 3 NPRM Comments Part 44, # 4 NPRM Comments Part 45, # 5 NPRM Comments Part 46, # 6 NPRM Comments Part 47, # 7 NPRM Comments Part 48, # 8 NPRM Comments Part 49, # 9 NPRM Comments Part 50, # 10 NPRM Comments Part 51, # 11 NPRM Comments Part 52, # 12 NPRM Comments Part 53, # 13 NPRM Comments Part 54, # 14 NPRM Comments Part 55, # 15 NPRM Comments Part 56, # 16 NPRM Comments Part 57, # 17 NPRM Comments Part 58, # 18 NPRM Comments Part 59, # 19 NPRM Comments Part 60) (Saltman, Julie) (Entered: 05/22/2015)

May 22, 2015

May 22, 2015

PACER
55

ADMINISTRATIVE RECORD from NPRM Comments Part 61 by defendants Sylvia Mathews Burwell, Jack Lew, Thomas Perez, United States Department of Health and Human Services, United States Department of Labor, United States Department of the Treasury (Attachments: # 1 NPRM Comments Part 62, # 2 NPRM Comments Part 63, # 3 NPRM Comments Part 64, # 4 NPRM Comments Part 65, # 5 NPRM Comments Part 66, # 6 NPRM Comments Part 67, # 7 NPRM Comments Part 68, # 8 NPRM Comments Part 69, # 9 NPRM Comments Part 70, # 10 NPRM Comments Part 71, # 11 NPRM Comments Part 72, # 12 NPRM Comments Part 73, # 13 NPRM Comments Part 74, # 14 NPRM Comments Part 75, # 15 NPRM Comments Part 76, # 16 NPRM Comments Part 77, # 17 NPRM Comments Part 78, # 18 NPRM Comments Part 79, # 19 NPRM Comments Part 80) (Saltman, Julie) (Entered: 05/22/2015)

May 22, 2015

May 22, 2015

PACER
56

ADMINISTRATIVE RECORD from NPRM Comments Part 81 by defendants Sylvia Mathews Burwell, Jack Lew, Thomas Perez, United States Department of Health and Human Services, United States Department of Labor, United States Department of the Treasury (Attachments: # 1 NPRM Comments Part 82, # 2 NPRM Comments Part 83, # 3 NPRM Comments Part 84, # 4 NPRM Comments Part 85, # 5 NPRM Comments Part 86, # 6 NPRM Comments Part 87, # 7 NPRM Comments Part 88, # 8 NPRM Comments Part 89, # 9 NPRM Comments Part 90, # 10 NPRM Comments Part 91, # 11 NPRM Comments Part 92, # 12 NPRM Comments Part 93, # 13 NPRM Comments Part 94, # 14 NPRM Comments Part 95, # 15 NPRM Comments Part 96, # 16 NPRM Comments Part 97, # 17 NPRM Comments Part 98, # 18 NPRM Comments Part 99, # 19 NPRM Comments Part 100) (Saltman, Julie) (Entered: 05/22/2015)

May 22, 2015

May 22, 2015

PACER
57

ADMINISTRATIVE RECORD from NPRM Comments Part 101 by defendants Sylvia Mathews Burwell, Jack Lew, Thomas Perez, United States Department of Health and Human Services, United States Department of Labor, United States Department of the Treasury (Attachments: # 1 NPRM Comments Part 102, # 2 NPRM Comments Part 103, # 3 NPRM Comments Part 104, # 4 NPRM Comments Part 105, # 5 NPRM Comments Part 106, # 6 NPRM Comments Part 107, # 7 NPRM Comments Part 108, # 8 NPRM Comments Part 109, # 9 NPRM Comments Part 110, # 10 NPRM Comments Part 111, # 11 NPRM Comments Part 112, # 12 NPRM Comments Part 113, # 13 NPRM Comments Part 114, # 14 NPRM Comments Part 115, # 15 NPRM Comments Part 116, # 16 NPRM Comments Part 117, # 17 NPRM Comments Part 118, # 18 NPRM Comments Part 119, # 19 NPRM Comments Part 120) (Saltman, Julie) (Entered: 05/22/2015)

May 22, 2015

May 22, 2015

PACER
58

ADMINISTRATIVE RECORD from NPRM Comments Part 121 by defendants Sylvia Mathews Burwell, Jack Lew, Thomas Perez, United States Department of Health and Human Services, United States Department of Labor, United States Department of the Treasury (Attachments: # 1 NPRM Comments Part 122, # 2 NPRM Comments Part 123, # 3 NPRM Comments Part 124, # 4 NPRM Comments Part 125, # 5 NPRM Comments Part 126, # 6 NPRM Comments Part 127, # 7 NPRM Comments Part 128, # 8 NPRM Comments Part 129, # 9 NPRM Comments Part 130, # 10 NPRM Comments Part 131, # 11 NPRM Comments Part 132, # 12 NPRM Comments Part 133, # 13 NPRM Comments Part 134, # 14 NPRM Comments Part 135, # 15 NPRM Comments Part 136, # 16 NPRM Comments Part 137, # 17 NPRM Comments Part 138, # 18 NPRM Comments Part 139, # 19 NPRM Comments Part 140) (Saltman, Julie) (Entered: 05/22/2015)

May 22, 2015

May 22, 2015

PACER
59

ADMINISTRATIVE RECORD from NPRM Comments Part 141 by defendants Sylvia Mathews Burwell, Jack Lew, Thomas Perez, United States Department of Health and Human Services, United States Department of Labor, United States Department of the Treasury (Attachments: # 1 NPRM Comments Part 142, # 2 NPRM Comments Part 143, # 3 NPRM Comments Part 144, # 4 NPRM Comments Part 145, # 5 NPRM Comments Part 146, # 6 NPRM Comments Part 147, # 7 NPRM Comments Part 148, # 8 NPRM Comments Part 149, # 9 NPRM Comments Part 150, # 10 NPRM Comments Part 151, # 11 NPRM Comments Part 152, # 12 NPRM Comments Part 153, # 13 NPRM Comments Part 154, # 14 NPRM Comments Part 155, # 15 NPRM Comments Part 156, # 16 NPRM Comments Part 157, # 17 NPRM Comments Part 158, # 18 NPRM Comments Part 159, # 19 NPRM Comments Part 160) (Saltman, Julie) (Entered: 05/22/2015)

May 22, 2015

May 22, 2015

PACER
60

ADMINISTRATIVE RECORD from NPRM Comments Part 161 by defendants Sylvia Mathews Burwell, Jack Lew, Thomas Perez, United States Department of Health and Human Services, United States Department of Labor, United States Department of the Treasury (Attachments: # 1 NPRM Comments Part 162, # 2 NPRM Comments Part 163, # 3 NPRM Comments Part 164, # 4 NPRM Comments Part 165, # 5 NPRM Comments Part 166, # 6 NPRM Comments Part 167, # 7 NPRM Comments Part 168, # 8 NPRM Comments Part 169, # 9 NPRM Comments Part 170, # 10 NPRM Comments Part 171, # 11 NPRM Comments Part 172, # 12 NPRM Comments Part 173, # 13 NPRM Comments Part 174, # 14 NPRM Comments Part 175, # 15 NPRM Comments Part 176, # 16 NPRM Comments Part 177, # 17 NPRM Comments Part 178, # 18 NPRM Comments Part 179, # 19 NPRM Comments Part 180) (Saltman, Julie) (Entered: 05/22/2015)

May 22, 2015

May 22, 2015

PACER
61

ADMINISTRATIVE RECORD from NPRM Comments Part 181 by defendants Sylvia Mathews Burwell, Jack Lew, Thomas Perez, United States Department of Health and Human Services, United States Department of Labor, United States Department of the Treasury (Attachments: # 1 NPRM Comments Part 182, # 2 NPRM Comments Part 183, # 3 NPRM Comments Part 184, # 4 NPRM Comments Part 185, # 5 NPRM Comments Part 186, # 6 NPRM Comments Part 187, # 7 NPRM Comments Part 188, # 8 NPRM Comments Part 189, # 9 NPRM Comments Part 190, # 10 NPRM Comments Part 191, # 11 NPRM Comments Part 192, # 12 NPRM Comments Part 193, # 13 NPRM Comments Part 194, # 14 NPRM Comments Part 195, # 15 NPRM Comments Part 196, # 16 NPRM Comments Part 197) (Saltman, Julie) (Entered: 05/22/2015)

May 22, 2015

May 22, 2015

PACER
62

ORDER granting 46 motion for leave to file excess pages ; signed by Judge Robert J. Jonker (Judge Robert J. Jonker, mil) (Entered: 05/27/2015)

May 27, 2015

May 27, 2015

PACER
63

ORDER granting 47 motion for extension of time ; signed by Judge Robert J. Jonker (Judge Robert J. Jonker, ymc) (Entered: 05/27/2015)

May 27, 2015

May 27, 2015

PACER
64

MOTION for leave to file excess pages Plaintiff's Unopposed Motion to File Its Brief Opposing Defendants' Motion for and Memorandum in Support of Their Motion to Dismiss or, in the Alternative, for Summary Judgment in Excess of 25 Pages by plaintiff Right to Life of Michigan; (Attachments: # 1 Proposed Order) (Rizik, Michael) (Entered: 06/16/2015)

June 16, 2015

June 16, 2015

PACER
65

RESPONSE TO MOTION to dismiss, or in the alternative, for summary judgment 44 Answer to Defendants' Motion to Dismiss Inter Alia filed by Right to Life of Michigan (Rizik, Michael) (Entered: 06/16/2015)

June 16, 2015

June 16, 2015

PACER
66

BRIEF IN SUPPORT of response in opposition to MOTION to dismiss, or in the alternative, for summary judgment 65 filed by Right to Life of Michigan (Rizik, Michael) Modified text on 6/17/2015 (clp). (Entered: 06/16/2015)

June 16, 2015

June 16, 2015

PACER
67

NOTICE RESCHEDULING MOTION HEARING regarding document number 42, that was previously set for 7/9/15 at 2:00 p.m.; motion hearing is reset for 9/1/2015 at 03:00 PM. NOTICE OF HEARING regarding document number [44}also set for 9/1/15 at 3:00 PM; at 699 Federal Building, Grand Rapids, MI before Judge Robert J. Jonker; (Judge Robert J. Jonker, mil) (Entered: 06/18/2015)

June 18, 2015

June 18, 2015

PACER
68

ORDER granting 64 motion for leave to file excess pages ; signed by Judge Robert J. Jonker (Judge Robert J. Jonker, ymc) (Entered: 06/18/2015)

June 18, 2015

June 18, 2015

PACER
69

RESPONSE in opposition to MOTION for declaratory judgment and Request for Oral Argument 42 filed by Sylvia Mathews Burwell, Jack Lew, Thomas Perez, United States Department of Health and Human Services, United States Department of Labor, United States Department of the Treasury (Saltman, Julie) (Entered: 06/22/2015)

June 22, 2015

June 22, 2015

PACER
70

ORDER CANCELLING oral argument on dispositive motions currently set for 9/1/2015. This hearing will be resecheduled by separate order. Parties to file briefing re Michigan Catholic Conference and Catholic Family Services v. Burwell no later than 9/17/2015 (Chief Judge Robert J. Jonker, ymc) (Entered: 08/26/2015)

Aug. 26, 2015

Aug. 26, 2015

PACER
71

NOTICE OF MOTION HEARING regarding document number 44, 42 : motion hearing is reset for 11/16/2015 at 02:00 PM at 699 Federal Building, Grand Rapids, MI before Chief Judge Robert J. Jonker; (Chief Judge Robert J. Jonker, mil) (Entered: 08/28/2015)

Aug. 28, 2015

Aug. 28, 2015

PACER
72

BRIEF by plaintiff Right to Life of Michigan re 42 Plaintiff's Position Regarding the Effect of Michigan Catholic Conference and Catholic Family Services v Burwell in This Case (Rizik, Michael) (Entered: 09/16/2015)

Sept. 16, 2015

Sept. 16, 2015

PACER
73

BRIEF by defendants Sylvia Mathews Burwell, Jack Lew, Thomas Perez, United States Department of Health and Human Services, United States Department of Labor, United States Department of the Treasury re 70, 44 (Saltman, Julie) (Entered: 09/17/2015)

Sept. 17, 2015

Sept. 17, 2015

PACER
74

ORDER denying 42 motion for declaratory judgment; granting 44 motion to dismiss or in the alternative for summary judgment; motion hearing set for 11/16/2015 is CANCELLED ; signed by Chief Judge Robert J. Jonker (Chief Judge Robert J. Jonker, ymc) (Entered: 10/27/2015)

Oct. 27, 2015

Oct. 27, 2015

PACER
75

JUDGMENT in favor of all named Defendants against Plaintiff ; signed by Chief Judge Robert J. Jonker (Chief Judge Robert J. Jonker, ymc) (Entered: 10/27/2015)

Oct. 27, 2015

Oct. 27, 2015

PACER

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. 4, 2013

Closing Date: 2015

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Right to Life of Michigan is a nonpartisan, nonsectarian, nonprofit organization concerned with protecting the sanctity and dignity of human life from the moment of conception until natural death.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

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)

Non-settlement Outcome

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

None yet

Source of Relief:

None yet

Issues

General:

Contraception

Religious programs / policies

Discrimination-basis:

Religion discrimination

Type of Facility:

Government-run