Case: Tonn and Blank Construction v. Sebelius

1:12-cv-00325 | U.S. District Court for the Northern District of Indiana

Filed Date: Sept. 20, 2012

Clearinghouse coding complete

Case Summary

On September 20, 2012, Tonn and Blank Construction filed this lawsuit in U.S. District Court for the Northern District of Indiana 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 an injunction prohibiting enforcement of provisions of the Affordable Care Act ("ACA") extending universal contraception coverage to employer-sponso…

On September 20, 2012, Tonn and Blank Construction filed this lawsuit in U.S. District Court for the Northern District of Indiana 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 an injunction prohibiting enforcement of provisions of the Affordable Care Act ("ACA") extending universal contraception coverage to employer-sponsored private health insurance coverage. Specifically, the plaintiff contended that compliance with the contraception coverage requirement is a substantial burden on plaintiff's religious exercise.

On September 20, 2012, the plaintiff filed a motion for preliminary injunction. On February 11, 2013, after a series of responses, the Federal Government issued a notice of non-opposition to the the motion for preliminary injunction and a motion to stay proceedings. The Government made this determination in recognition of recent Seventh Circuit rulings of a motion panel granting injunctions pending appeal in substantially similar cases.

On April 1, 2013, the court (Judge Jon E. DeGuilo) granted the plaintiff's preliminary injunction, staying the case until thirty days after the Seventh Circuit had issued an opinion on the consolidated Korte v. Sebelius and Grote v. Sebelius appeal. On August 16, 2013, the court granted the Federal Governments' motion to stay proceedings until that time as well.

On December 6, 2013, the District Court lifted the stay following the Seventh Circuit's decision that Korte and Grote presented valid claims under the RFRA. Judge DeGulio extended the preliminary injunction for a period not to exceed sixty days, and ordered the parties to file a joint status report indicating their intentions with respect to proceeding in the lawsuit.

The parties filed a joint status report requesting the court to continue to stay the case with the preliminary injunction in place until the United States Supreme Court resolved Burwell v. Hobby Lobby (also known as Hobby Lobby v. Sebelius). On December 18, 2013, the court granted the parties' request. In a 5-4 opinion by Justice Alito issued on June 30, 2014, the Court held in Hobby Lobby that the HHS regulations imposing the contraceptive mandate violate the RFRA when applied to closely-held for-profit corporations.

The parties in this case agreed that the plaintiff qualified under the Hobby Lobby standard as a closely-held for-profit corporation owned by individuals with deeply held religious beliefs. On November 6, 2014, the court entered a final judgment and order containing a permanent injunction in favor of the plaintiffs. The plaintiffs had requested an injunction of any regulation related to the ACA's contraception mandate, but the court limited the injunction to the regulations implementing the mandate that were at issue in Hobby Lobby and the plaintiffs' complaint.

On May 26, 2015, the parties notified the court that they had come to an agreement on the amount of attorneys' fees and costs to be awarded to the plaintiff.

Summary Authors

Richard Jolly (3/12/2014)

Kate Craddock (11/13/2016)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/5439984/parties/tonn-and-blank-construction-llc-v-sebelius/


Judge(s)

Cosbey, Roger B. (Indiana)

DeGuilio, Jon E. (District of Columbia)

Attorneys(s) for Plaintiff

Downes, W. Patrick (Indiana)

Kairis, Matthew A (Ohio)

Kilmartin, Alison J. (Pennsylvania)

Palmisciano, Melissa D (Ohio)

Attorneys(s) for Defendant

Berwick, Benjamin Leon (District of Columbia)

Other Attorney(s)

Active

Judge(s)

Cosbey, Roger B. (Indiana)

DeGuilio, Jon E. (District of Columbia)

Attorneys(s) for Plaintiff

Downes, W. Patrick (Indiana)

Kairis, Matthew A (Ohio)

Kilmartin, Alison J. (Pennsylvania)

Palmisciano, Melissa D (Ohio)

Attorneys(s) for Defendant

Berwick, Benjamin Leon (District of Columbia)

Other Attorney(s)

Potts, Brian C. (Indiana)

Documents in the Clearinghouse

Document

Docket [PACER]

May 26, 2015 Docket
1

Verified Complaint and Demand for Jury Trial

Sept. 20, 2012 Complaint
38

Defendants' Motion to Stay Proceedings and Notice of Non-Opposition to Plaintiff's Motion for Preliminary Injunction

Feb. 11, 2013 Pleading / Motion / Brief
43

Order and Preliminary Injunction

April 1, 2013 Order/Opinion
46

Opinion and Order (Granting Defendants' Motion to Stay)

968 F.Supp.2d 990, 2013 WL 4830952

Aug. 16, 2013 Order/Opinion
48

Order (Parties to Submit a Joint Report, Defendants to File a Reply Brief to Their Motion to Dismiss, Extending Preliminary Injunction Period)

Dec. 6, 2013 Order/Opinion
50

Order (Granting Parties' Request and Continuation of Preliminary Injunction)

Dec. 18, 2013 Order/Opinion
56

Final Judgment and Order

Tonn and Blank Construction, LLC v. Burwell

Nov. 6, 2014 Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/5439984/tonn-and-blank-construction-llc-v-sebelius/

Last updated May 20, 2022, 3:31 a.m.

ECF Number Description Date Link
1

COMPLAINT with Jury Demand against Timothy Geithner, Kathleen Sebelius, Hilda Solis, US Department of Health and Human Services, US Department of Labor, US Department of Treasury (Filing Fee: $350.00; Receipt #INN1002528) filed by Tonn and Blank Construction LLC. (Attachments: # 1 Civil Cover Sheet).(cer) (Entered: 09/21/2012)

1 Civil Cover Sheet

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Sept. 20, 2012 PACER
2

NOTICE of Appearance by Matthew A Kairis on behalf of Tonn and Blank Construction LLC. (cer) (Entered: 09/21/2012)

Sept. 20, 2012 PACER
3

CORPORATE Disclosure Statement by Tonn and Blank Construction LLC identifying Corporate Parent Franciscan Alliance Inc, Corporate Parent Franciscan Holding Corporation for Tonn and Blank Construction LLC. (cer) (Entered: 09/21/2012)

Sept. 20, 2012 PACER
4

MOTION for Preliminary Injunction, REQUEST for Oral Argument by Plaintiff Tonn and Blank Construction LLC. (cer) (Entered: 09/21/2012)

Sept. 20, 2012 PACER
5

MEMORANDUM in Support of 4 MOTION for Preliminary Injunction, REQUEST for Oral Argument filed by Tonn and Blank Construction LLC. (cer) (Entered: 09/21/2012)

Sept. 20, 2012 PACER
6

SUMMONS Issued as to Timothy Geithner, Kathleen Sebelius, Hilda Solis, US Department of Health and Human Services, US Department of Labor, US Department of Treasury, US Attorney and US Attorney General. NOTE: The attached document should not be used to effect service of process. Only copies that bear the seal of the court should be used for service of process. (cer) (Entered: 09/21/2012)

Sept. 20, 2012 PACER
7

ORDER regarding service on the Defendants. Signed by Judge Jon E DeGuilio on 9/21/2012. (saj) (Entered: 09/21/2012)

Sept. 21, 2012 RECAP
8

NOTICE of Appearance by Alison M Kilmartin on behalf of Tonn and Blank Construction LLC (Kilmartin, Alison) (Entered: 10/02/2012)

Oct. 2, 2012 PACER
9

NOTICE by Tonn and Blank Construction LLC of Motion to Consolidate to be filed in the matter 1:12-cv-159-WCL-RBC (Kairis, Matthew) (Entered: 10/02/2012)

Oct. 2, 2012 PACER
10

NOTICE of Appearance by W Patrick Downes on behalf of All Plaintiffs (Downes, W) (Entered: 10/08/2012)

Oct. 8, 2012 PACER
11

SUMMONS Returned Executed by Tonn and Blank Construction LLC. All Defendants. (Attachments: # 1 Exhibit 1 - Proof of Service on Secretary Sebelius, # 2 Exhibit 2 - Proof of Service on Secretary Solis, # 3 Exhibit 3 - Proof of Service on Secretary Geithner, # 4 Exhibit 4 - Proof of Service on Dept. of Health & Human Services, # 5 Exhibit 5 - Proof of Service on Dept. of Labor, # 6 Exhibit 6 - Proof of Service on Department of Treasury, # 7 Exhibit 7 - Proof of Service on Attorney General Holder, # 8 Exhibit 8 - Proof of Service on U.S. Attorney Capp)(Kairis, Matthew) (Entered: 11/20/2012)

1 Exhibit 1 - Proof of Service on Secretary Sebelius

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2 Exhibit 2 - Proof of Service on Secretary Solis

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3 Exhibit 3 - Proof of Service on Secretary Geithner

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4 Exhibit 4 - Proof of Service on Dept. of Health & Human Services

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5 Exhibit 5 - Proof of Service on Dept. of Labor

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6 Exhibit 6 - Proof of Service on Department of Treasury

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7 Exhibit 7 - Proof of Service on Attorney General Holder

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8 Exhibit 8 - Proof of Service on U.S. Attorney Capp

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Nov. 20, 2012 PACER
12

CERTIFICATE of Service for Affidavit of Service [Doc. 11]. (Kairis, Matthew) (Entered: 11/20/2012)

Nov. 20, 2012 PACER
13

NOTICE of Appearance by Benjamin L Berwick on behalf of All Defendants (Berwick, Benjamin) (Entered: 11/26/2012)

Nov. 26, 2012 PACER
14

NOTICE by Timothy Geithner, Kathleen Sebelius, Hilda Solis, US Department of Health and Human Services, US Department of Labor, US Department of Treasury Regarding Service (Berwick, Benjamin) (Entered: 11/26/2012)

Nov. 26, 2012 PACER
15

NOTICE of Deadlines: Regarding the 4 MOTION for Preliminary Injunction, the Defendants are to file their response brief by 12/31/2012 and the Plaintiff is to file its reply brief by 1/15/2013. This is a text-only entry. (saj) (Entered: 11/28/2012)

Nov. 28, 2012 PACER
16

Consent MOTION for Leave to File Excess Pages by Defendants Timothy Geithner, Kathleen Sebelius, Hilda Solis, US Department of Health and Human Services, US Department of Labor, US Department of Treasury. (Berwick, Benjamin) (Entered: 12/03/2012)

Dec. 3, 2012 PACER
17

ENTRY for Magistrate Judge Roger B. Cosbey: 16 Defendants' Unopposed Motion for Leave to File Excess Pages in Opposition to Plaintiff's Motion for Preliminary Injunction is GRANTED. Defendants granted leave to file a brief of up to 40 pages in length. So Ordered. (mr) (Entered: 12/04/2012)

Dec. 4, 2012 PACER
18

MOTION for Extension of Time to File Response to Plaintiff's Complaint by Defendants Timothy Geithner, Kathleen Sebelius, Hilda Solis, US Department of Health and Human Services, US Department of Labor, US Department of Treasury. (Berwick, Benjamin) (Entered: 12/04/2012)

Dec. 4, 2012 PACER
19

RESPONSE to Motion re 18 MOTION for Extension of Time to File Response to Plaintiff's Complaint filed by Tonn and Blank Construction LLC. (Kairis, Matthew) (Entered: 12/04/2012)

Dec. 4, 2012 PACER
20

REPLY to Response to Motion re 18 MOTION for Extension of Time to File Response to Plaintiff's Complaint filed by Timothy Geithner, Kathleen Sebelius, Hilda Solis, US Department of Health and Human Services, US Department of Labor, US Department of Treasury. (Berwick, Benjamin) (Entered: 12/05/2012)

Dec. 5, 2012 PACER
21

ORDER GRANTING IN PART and DENYING IN PART 18 MOTION for Extension of Time to File Response to Plaintiff's Complaint by Defendants Timothy Geithner, Kathleen Sebelius, Hilda Solis, US Department of Health and Human Services, US Department of Labor, US Department of Treasury. Defendants are GRANTED until 12/31/2012 to file an Answer to Plaintiff's Complaint. The 18 Motion is otherwise DENIED. Signed by Magistrate Judge Roger B Cosbey on 12/6/12. (cer) (Entered: 12/06/2012)

Dec. 6, 2012 PACER
22

Consent MOTION for Leave to File Excess Pages by Defendants Timothy Geithner, Kathleen Sebelius, Hilda Solis, US Department of Health and Human Services, US Department of Labor, US Department of Treasury. (Berwick, Benjamin) (Entered: 12/19/2012)

Dec. 19, 2012 PACER
23

ENTRY for Magistrate Judge Roger B. Cosbey: The 22 Motion for Leave to File Excess Pages is GRANTED. Dfts granted leave to file a brief in opposition to Pla's Motion for Preliminary Injunction of up to 45 pages in length. So Ordered. (mr) (Entered: 12/20/2012)

Dec. 20, 2012 PACER
24

MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendants Timothy Geithner, Kathleen Sebelius, Hilda Solis, US Department of Health and Human Services, US Department of Labor, US Department of Treasury. (Berwick, Benjamin) (Entered: 12/31/2012)

Dec. 31, 2012 PACER
25

MEMORANDUM in Support of 24 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Timothy Geithner, Kathleen Sebelius, Hilda Solis, US Department of Health and Human Services, US Department of Labor, US Department of Treasury. (Attachments: # 1 Exhibit Grote v. Sebelius, # 2 Exhibit Autocam Corp. v. Sebelius)(Berwick, Benjamin) (Entered: 12/31/2012)

1 Exhibit Grote v. Sebelius

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2 Exhibit Autocam Corp. v. Sebelius

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Dec. 31, 2012 PACER
26

RESPONSE to Motion re 4 MOTION for Hearing MOTION for Preliminary Injunction filed by Timothy Geithner, Kathleen Sebelius, Hilda Solis, US Department of Health and Human Services, US Department of Labor, US Department of Treasury. (Attachments: # 1 Exhibit Grote v. Sebelius, # 2 Exhibit Autocam Corp. v. Sebelius)(Berwick, Benjamin) (Entered: 12/31/2012)

1 Exhibit Grote v. Sebelius

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2 Exhibit Autocam Corp. v. Sebelius

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Dec. 31, 2012 PACER
27

Joint MOTION for Extension of Time to File Response/Reply, Joint MOTION for Leave to File Excess Pages by Defendants Timothy Geithner, Kathleen Sebelius, Hilda Solis, US Department of Health and Human Services, US Department of Labor, US Department of Treasury, Plaintiff Tonn and Blank Construction LLC. (Kairis, Matthew) (Entered: 01/04/2013)

Jan. 4, 2013 PACER
28

ORDER GRANTING 27 MOTION (Joint) for Extension of Time to File Response; MOTION (Joint) for Leave to File Excess Pages by Defendants Timothy Geithner, Kathleen Sebelius, Hilda Solis, US Department of Health and Human Services, US Department of Labor, US Department of Treasury, Plaintiff Tonn and Blank Construction LLC. Plaintiff shall submit a single brief both in response to Defendants' Motion to Dismiss and in reply to Defendants' Opposition to Plaintiff's Motion for Preliminary Injunction. Plaintiff's brief shall be limited to no more than 50 pages and shall be due no later than 1/25/2013. Defendants' reply brief on Defendants' Motion to Dismiss shall be limited to no more than 25 pages and shall be due no later than 2/8/2013. Signed by Magistrate Judge Roger B Cosbey on 1/7/13. (cer) (Entered: 01/07/2013)

Jan. 7, 2013 PACER
29

NOTICE of Appearance by Brian C Potts on behalf of Breast Cancer Prevention Institute, Bioethics Defense Fund, Life Legal Defense Foundation (Potts, Brian) (Entered: 01/16/2013)

Jan. 16, 2013 PACER
30

MOTION Motion of Breast Cancer Prevention Institute, Bioethics Defense Fund, and Life Legal Defense Foundation for Leave to File a Brief Amici Curiae in Support of Plaintiff's Motion for Preliminary Injunction by Amicus Parties Bioethics Defense Fund, Breast Cancer Prevention Institute, Life Legal Defense Foundation. (Attachments: # 1 Exhibit A)(Potts, Brian) (Entered: 01/16/2013)

1 Exhibit A

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Jan. 16, 2013 PACER
31

ORDER GRANTING 30 MOTION for Leave to File a Brief Amici Curiae in Support of Plaintiff's Motion for Preliminary Injunction by Amicus Parties Bioethics Defense Fund, Breast Cancer Prevention Institute, Life Legal Defense Foundation. Clerk DIRECTED to show the Amici Brief (attached as Exhibit A to the Motion for Leave) as filed. Signed by Magistrate Judge Roger B Cosbey on 1/22/13. (cer) (Entered: 01/22/2013)

Jan. 22, 2013 PACER
32

AMICI CURIAE BRIEF in Support re 4 MOTION for Preliminary Injunction . (cer) (Entered: 01/22/2013)

Jan. 22, 2013 PACER
33

Consent MOTION for Extension of Time to File Response/Reply as to 24 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendants Timothy Geithner, Kathleen Sebelius, Hilda Solis, US Department of Health and Human Services, US Department of Labor, US Department of Treasury. (Berwick, Benjamin) (Entered: 01/25/2013)

Jan. 25, 2013 PACER
34

REPLY to Response to Motion re 24 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM, 4 MOTION for Hearing MOTION for Preliminary Injunction Plaintiff's Reply Brief in Support of its Motion for Preliminary Injunction and Response Brief in Opposition to Defendants' Motion to Dismiss filed by Tonn and Blank Construction LLC. (Attachments: # 1 Exhibit A - OBrien v. U.S. Dept of Health & Human Servs., No. 12-3357 (8th Cir. Nov. 28, 2012), # 2 Exhibit B - Triune Health Grp. v. U.S. Dept of Health & Human Servs., No. 12 C 6756 (N.D. Ill. Jan. 1, 2013), # 3 Exhibit C - Am. Pulverizer Co. v. U.S. Dept of Health & Human Servs., No. 12-3459-CV-S-RED (W.D. Mo. Dec. 20, 2012), # 4 Exhibit D - Operating Agreement (attached to Compl. (Doc. No. 1) as Ex. A), # 5 Exhibit E - U.S. Conf. of Catholic Bishops, Comments on Interim Final Rules on Preventive Services (Aug. 31, 2011), # 6 Exhibit F - Family Research Council, Comments on Interim Final Rules on Preventive Services (Sept. 30, 2011), # 7 Exhibit G - Alliance of Catholic Health Care, Comments on Interim Final Rule on Preventive Services (Sept. 23, 2011))(Kairis, Matthew) (Entered: 01/25/2013)

1 Exhibit A - OBrien v. U.S. Dept of Health & Human Servs., No. 12-3357 (8th Cir.

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2 Exhibit B - Triune Health Grp. v. U.S. Dept of Health & Human Servs., No. 12 C 6

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3 Exhibit C - Am. Pulverizer Co. v. U.S. Dept of Health & Human Servs., No. 12-345

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4 Exhibit D - Operating Agreement (attached to Compl. (Doc. No. 1) as Ex. A)

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5 Exhibit E - U.S. Conf. of Catholic Bishops, Comments on Interim Final Rules on P

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6 Exhibit F - Family Research Council, Comments on Interim Final Rules on Preventi

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7 Exhibit G - Alliance of Catholic Health Care, Comments on Interim Final Rule on

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Jan. 25, 2013 PACER
35

MOTION Unopposed Motion for Expedited Oral Argument on Plaintiff's Motion for Preliminary Injunction re 4 MOTION for Hearing MOTION for Preliminary Injunction by Plaintiff Tonn and Blank Construction LLC. (Kairis, Matthew) (Entered: 01/25/2013)

Jan. 25, 2013 PACER
36

ORDER GRANTING 33 Unopposed Motion for Extension of Time to File Reply to Pla's Opposition to Dfts' Motion to Dismiss by Dfts Timothy Geithner, Kathleen Sebelius, Hilda Solis, US Department of Health and Human Services, US Department of Labor, US Department of Treasury. Dfts' Reply to be filed on/bf 2/22/2013. Signed by Magistrate Judge Roger B Cosbey on 1/29/2013. (lns) (Entered: 01/29/2013)

Jan. 29, 2013 PACER
37

NOTICE by Tonn and Blank Construction LLC Notice of Supplemental Authority (Attachments: # 1 Exhibit Ex. A - Grote v. Sebelius, No. 13-1077 (7th Cir. Jan. 30, 2013), # 2 Exhibit Ex. B - Annex Medical, Inc. v. Sebelius, No. 13-1118 (8th Cir. Feb. 1, 2013))(Kairis, Matthew) (Entered: 02/07/2013)

1 Exhibit Ex. A - Grote v. Sebelius, No. 13-1077 (7th Cir. Jan. 30, 2013)

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2 Exhibit Ex. B - Annex Medical, Inc. v. Sebelius, No. 13-1118 (8th Cir. Feb. 1, 2

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Feb. 7, 2013 PACER
38

MOTION to Stay Proceedings and Notice of Non-Opposition to Plaintiff's Motion for Preliminary Injunction by Defendants Timothy Geithner, Kathleen Sebelius, Hilda Solis, US Department of Health and Human Services, US Department of Labor, US Department of Treasury. (Berwick, Benjamin) (Entered: 02/11/2013)

Feb. 11, 2013 PACER
39

Consent MOTION for Extension of Time to File Response/Reply as to 24 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendants Timothy Geithner, Kathleen Sebelius, Hilda Solis, US Department of Health and Human Services, US Department of Labor, US Department of Treasury. (Berwick, Benjamin) (Entered: 02/13/2013)

Feb. 13, 2013 PACER
40

ORDER GRANTING 39 MOTION (Consent) for Extension of Time to File Reply as to 24 MOTION to Dismiss for Failure to State a Claim by Defendants Timothy Geithner, Kathleen Sebelius, Hilda Solis, US Department of Health and Human Services, US Department of Labor, US Department of Treasury. Defendants' Reply in support of their Motion to Dismiss shall be due no later than 14 days after the Court's ruling on Defendants' Motion to Stay Proceedings, if such Motion is denied. If the Court grants Defendants' Motion to Stay, all proceedings in this case will be stayed and Defendants need not file a Reply Brief until a time to be determined after the stay is lifted. Signed by Magistrate Judge Roger B Cosbey on 2/13/13. (cer) (Entered: 02/13/2013)

Feb. 13, 2013 PACER
41

RESPONSE to Motion re 38 MOTION to Stay Proceedings and Notice of Non-Opposition to Plaintiff's Motion for Preliminary Injunction filed by Tonn and Blank Construction LLC. (Kairis, Matthew) (Entered: 02/25/2013)

Feb. 25, 2013 PACER
42

REPLY to Response to Motion re 38 MOTION to Stay Proceedings and Notice of Non-Opposition to Plaintiff's Motion for Preliminary Injunction filed by Timothy Geithner, Kathleen Sebelius, Hilda Solis, US Department of Health and Human Services, US Department of Labor, US Department of Treasury. (Berwick, Benjamin) (Entered: 03/04/2013)

March 4, 2013 PACER
43

ORDER AND PRELIMINARY INJUNCTION re 4 MOTION for Preliminary Injunction by Plaintiff Tonn and Blank Construction LLC. The Motion is GRANTED and Defendants are ENJOINED as outlined in Order. It is ORDERED that Tonn and Blank Construction LLC shall not be required to post bond. The 35 MOTION (Unopposed) for Expedited Oral Argument on Plaintiff's Motion for Preliminary Injunction by Plaintiff Tonn and Blank Construction LLC is DENIED AS MOOT. The 38 MOTION to Stay Proceedings and Notice of Non-Opposition to Plaintiff's Motion for Preliminary Injunction by Defendants Timothy Geithner, Kathleen Sebelius, Hilda Solis, US Department of Health and Human Services, US Department of Labor, US Department of Treasury will be ruled on separately. Signed by Judge Jon E DeGuilio on 4/1/13. (cer) (Entered: 04/01/2013)

April 1, 2013 PACER
44

NOTICE by Timothy Geithner, Kathleen Sebelius, Hilda Solis, US Department of Health and Human Services, US Department of Labor, US Department of Treasury re 38 MOTION to Stay Proceedings and Notice of Non-Opposition to Plaintiff's Motion for Preliminary Injunction Supplemental Authority (Attachments: # 1 Exhibit Triune Health Grp. v. HHS)(Berwick, Benjamin) (Entered: 04/03/2013)

1 Exhibit Triune Health Grp. v. HHS

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April 3, 2013 PACER
45

RESPONSE by Tonn and Blank Construction LLC to 44 Notice (Other), Notice (Other). (Kairis, Matthew) (Entered: 04/05/2013)

April 5, 2013 PACER
46

OPINION AND ORDER GRANTING 38 MOTION to Stay Proceedings and Notice of Non-Opposition to Plaintiff's Motion for Preliminary Injunction by Defendants Timothy Geithner, Kathleen Sebelius, Hilda Solis, US Department of Health and Human Services, US Department of Labor, US Department of Treasury. This case is temporarily STAYED until thirty (30) days after the Seventh Circuit has issued an opinion on the consolidated Grote and Korte appeal. Either party is permitted to seek relief from this stay order in the interim if circumstances so permit. Signed by Judge Jon E DeGuilio on 8/16/13. (cer) (Entered: 08/16/2013)

Aug. 16, 2013 RECAP
47

NOTICE of Appearance by Melissa D Palmisciano on behalf of Tonn and Blank Construction LLC (Palmisciano, Melissa) (Entered: 11/14/2013)

Nov. 14, 2013 PACER
48

ORDER LIFTING STAY. The Parties are ORDERED to submit a joint report on or before 12/13/2013 to indicate their intentions with respect to proceeding in the present lawsuit, (and to the extent that the joint report does not resolve the case) ORDERS Defendants to file a reply brief to their Motion to Dismiss [DE 24] on or before 12/27/2013, and EXTENDS the preliminary injunction for a period not to exceed sixty days, absent further order of this Court, so as to adequately protect the Plaintiffs interests while the proceedings in this lawsuit are reconvened. Signed by Judge Jon E DeGuilio on 12/6/2013. (saj) (Entered: 12/06/2013)

Dec. 6, 2013 PACER
49

STATUS REPORT by Timothy Geithner, Kathleen Sebelius, Hilda Solis, Tonn and Blank Construction LLC, US Department of Health and Human Services, US Department of Labor, US Department of Treasury. (Berwick, Benjamin) (Entered: 12/12/2013)

Dec. 12, 2013 PACER
50

ORDER GRANTING Parties' request. This case is STAYED until 60 days from the Supreme Court's resolution of Hobby Lobby and Conestoga and ORDERING the continuation of the preliminary injunction as originally issued on 4/1/2013, until further order of the Court. Signed by Judge Jon E DeGuilio on 12/18/2013. (lns) (Entered: 12/19/2013)

Dec. 18, 2013 PACER
51

ORDER: The parties are ORDERED to submit a joint report indicating their intentions with respect to proceeding in the present lawsuit no later than 10/3/2014. The Court ORDERS the continuation of the stay and the preliminary injunction [DE 43], until further order of the Court, not to exceed 60 days from the date of this order. Signed by Judge Jon E DeGuilio on 8/19/2014. (lhc) (Entered: 08/19/2014)

Aug. 19, 2014 PACER
52

STATUS REPORT OF THE PARTIES by Tonn and Blank Construction LLC. (Kairis, Matthew) (Entered: 10/03/2014)

Oct. 3, 2014 PACER
53

ORDER re 52 Status Report: The Court approves the parties proposed briefing schedule regarding the scope of permanent injunctive relief. Plaintiff's brief due 10/20/2014. Defendants' response due 10/27/2014. With the agreement of the parties, the preliminary injunction will remain in place until the Court enters permanent injunctive relief. This is a text-only order by Judge Jon E DeGuilio on 10/8/2014. (saj) (Entered: 10/08/2014)

Oct. 8, 2014 PACER
54

BRIEF re 53 Order, Set Deadlines,, In Support Of Plaintiff's Proposed Permanent Injunction. (Kairis, Matthew) (Entered: 10/20/2014)

Oct. 20, 2014 PACER
55

RESPONSE by Timothy Geithner, Kathleen Sebelius, Hilda Solis, US Department of Health and Human Services, US Department of Labor, US Department of Treasury to 54 Brief (Other) In Support of Defendants' Proposed Injunction and Judgment and in Opposition to Plaintiff's Proposed Injunction and Judgment. (Attachments: # 1 Exhibit Proposed Injunction and Judgment, # 2 Exhibit Gilardi Order, # 3 Exhibit Johnson Welded Products Order, # 4 Exhibit Midwest Fastener Order, # 5 Exhibit Lindsay Motion)(Berwick, Benjamin) (Entered: 10/27/2014)

1 Exhibit Proposed Injunction and Judgment

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2 Exhibit Gilardi Order

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3 Exhibit Johnson Welded Products Order

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4 Exhibit Midwest Fastener Order

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5 Exhibit Lindsay Motion

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Oct. 27, 2014 PACER
56

FINAL JUDGMENT AND ORDER. It is ORDERED that judgment is entered in favor of Plaintiff Tonn and Blank Construction LLC and against Defendants Sylvia Mathews Burwell, in her official capacity as Secretary of the US Department of Health and Human Services; Thomas Perez, in his official capacity as Secretary of the US Department of Labor; Jacob Lew, in his official capacity as Secretary of the US Department of Treasury; US Department of Health and Human Services; US Department of Labor; and US Department of Treasury on Plaintiff's claim under the Religious Freedom Restoration Act. Defendants, their agents, servants, employees, representatives, and all persons in active concert or participation with them are hereby PERMANENTLY ENJOINED as outlined in Order. Counsel ORDERED to confer prior to 12/5/2014 and attempt to reach an agreement on fees and costs. Any petition by Plaintiff for attorney's fees or costs to be filed by 12/19/2014. Any response to be filed by 1/5/2015. Plaintiff's remaining claims are DISMISSED WITHOUT PREJUDICE and the Court shall retain jurisdiction to enforce this Final Judgment and Order. Signed by Judge Jon E DeGuilio on 11/6/14. (cer) (Entered: 11/06/2014)

Nov. 6, 2014 RECAP
57

CLERK'S ENTRY OF JUDGMENT. (cer) (Entered: 11/06/2014)

Nov. 6, 2014 PACER
58

Joint MOTION for Extension of Time to File Petition for Attorneys' Fees or Costs by Plaintiff Tonn and Blank Construction LLC. (Kairis, Matthew) (Entered: 12/04/2014)

Dec. 4, 2014 PACER
59

ORDER GRANTING 58 Joint MOTION for Extension of Time to File Petition for Attorneys' Fees or Costs by Plaintiff Tonn and Blank Construction LLC. Petition due by 1/20/2015. Any response to be filed by 2/19/2015. Signed by Magistrate Judge Roger B Cosbey on 12/4/2014. (lhc) (Entered: 12/04/2014)

Dec. 4, 2014 PACER
60

Second MOTION for Extension of Time to File Petition for Attorneys' Fees or Costs by Plaintiff Tonn and Blank Construction LLC. (Kairis, Matthew) (Entered: 01/06/2015)

Jan. 6, 2015 PACER
61

ORDER re 60 Second MOTION for Extension of Time to File Petition for Attorneys' Fees or Costs by Plaintiff Tonn and Blank Construction LLC. Pla to submit petition for attorney fees or costs by 2/20/2015. Response or opposition to be filed by 3/23/2015. Signed by Magistrate Judge Roger B Cosbey on 1/7/2015. (lhc) (Entered: 01/07/2015)

Jan. 7, 2015 PACER
62

Joint MOTION to Vacate the Deadline to File Plaintiff's Petition for Attorneys' Fees or Costs by Plaintiff Tonn and Blank Construction LLC. (Kairis, Matthew) (Entered: 02/18/2015)

Feb. 18, 2015 PACER

Magistrate Judge Susan L Collins added. Magistrate Judge Roger B Cosbey no longer assigned to case. (mr)

Feb. 18, 2015 PACER
63

ORDER GRANTING 62 Joint MOTION to Vacate the Deadline to File Plaintiff's Petition for Attorneys' Fees or Costs by Plaintiff Tonn and Blank Construction LLC. Parties shall submit a joint status report to advise the Court when the parties have reached final settlement regarding the attorneys' fees or costs to be awarded to Pla. Signed by Magistrate Judge Susan L Collins on 2/18/2015. (lhc) (Entered: 02/18/2015)

Feb. 18, 2015 PACER
64

ENTRY for Magistrate Judge Susan Collins: Parties are to file a joint status report by 4/1/2015. So Ordered.(mr) (Entered: 02/19/2015)

Feb. 19, 2015 PACER
65

STATUS REPORT OF THE PARTIES by Tonn and Blank Construction LLC. (Kairis, Matthew) (Entered: 03/30/2015)

March 30, 2015 PACER
66

ENTRY for Magistrate Judge Susan Collins: Counsel to file joint status report by 6/1/2015. So Ordered. (mr) (Entered: 03/31/2015)

March 31, 2015 PACER
67

STATUS REPORT (JOINT) by Tonn and Blank Construction LLC. (Kairis, Matthew) (Entered: 05/26/2015)

May 26, 2015 PACER

State / Territory: Indiana

Case Type(s):

Speech and Religious Freedom

Special Collection(s):

Contraception Insurance Mandate

Key Dates

Filing Date: Sept. 20, 2012

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Indiana limited liability corporation providing healthcare to approximately sixty employees

Plaintiff Type(s):

Closely-held (for profit) corporation

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 Labor, Federal

Department of Treasury, Federal

Defendant Type(s):

Hospital/Health Department

Jurisdiction-wide

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)

Monetary Relief

Injunctive (or Injunctive-like) Relief

Non-settlement Outcome

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Attorneys fees

Source of Relief:

Litigation

Order Duration: 2014 - None

Content of Injunction:

Preliminary relief granted

Issues

General:

Abortion

Contraception

Religious programs / policies

Discrimination-basis:

Religion discrimination

Type of Facility:

Government-run