Case: Eternal World Television Network v. Sebelius

1:13-cv-00521 | U.S. District Court for the Southern District of Alabama

Filed Date: Oct. 28, 2013

Closed Date: Jan. 10, 2019

Clearinghouse coding complete

Case Summary

This case is a revival of a dismissed claim from the Northern District of Alabama. (FA-AL-0002) On October 28, 2013, a nonprofit Catholic media network filed a lawsuit in the U.S. District Court for the Southern District of Alabama against the Federal Government under the Religious Freedom Restoration Act ("RFRA") and the Administrative Procedure Act ("APA"). Plaintiffs, represented by the Becket Fund for Religious Liberty, asked the court to issue a permanent injunction prohibiting enforcement…

This case is a revival of a dismissed claim from the Northern District of Alabama. (FA-AL-0002)

On October 28, 2013, a nonprofit Catholic media network filed a lawsuit in the U.S. District Court for the Southern District of Alabama against the Federal Government under the Religious Freedom Restoration Act ("RFRA") and the Administrative Procedure Act ("APA"). Plaintiffs, represented by the Becket Fund for Religious Liberty, asked the court to issue a permanent injunction prohibiting enforcement of provisions of the Affordable Care Act ("ACA") extending universal contraception coverage to employer-sponsored private health insurance coverage. Specifically, plaintiffs noted that they had always ensured that their self-insured health plan did not cover services inconsistent with their religious beliefs and contended that compliance with the contraception coverage requirement was a substantial burden on their religious exercise. Plaintiffs further claimed that, though they were eligible for the accommodation to the mandate available to nonprofits, they remained burdened by the mandate which, they alleged, violated the First Amendment.

On June 17, 2014, Judge Callie V. S. Granade granted summary judgment for the defendants on the counts related to RFRA, the First Amendment Free Exercise Clause on substantial burden to religious exercise and establishment of religion, and compelled speech. Judge Grande also granted the defendants' motion to dismissed all the remaining constitutional claims. She denied defendants’ motion to dismiss the claims related to violations of the Administrative Procedure Act. On June 18, 2014, the District Court stayed the remaining claims, all related to the Administrative Procedure Act, pending the appeal of partial summary judgment. On June 18, 2014, the plaintiffs appealed to the Eleventh Circuit. On June 30, 2014, following the Supreme Court’s decision in Burwell v. Hobby Lobby, the Eleventh Circuit granted the plaintiffs' motion for an injunction pending appeal.

The Eleventh Circuit heard oral argument in this case on February 4, 2015, and on February 18, 2016, Judge Jill Pryor ruled that the contraception regulation did not substantially burden the plaintiffs' religious exercise. The court further held that the government had a compelling interest in ensuring contraception coverage, and the mandate was the least restrictive means of furthering that interest.

However, the court stayed its ruling pending a Supreme Court decision in Zubik v. Burwell. On May 16, 2016, in Zubik, 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 the case. Following the ruling in Zubik, on May 31, 2016, the Eleventh Circuit vacated their prior decision against the plaintiffs, and ordered the parties to submit supplemental briefing addressing the Supreme Court's concerns in Zubik. The court also enjoined enforcement of the contraceptive mandate against the plaintiffs pending further order of the court.

On July 29, 2016, the plaintiffs filed a motion to stay the appeal in order to have more time to finish the research necessary for their supplemental brief and they proposed submitting status reports every 60 days or until a resolution between the parties was found. This motion was granted on August 10, 2016.

Also on August 10, 2016, the defendants requested a materially identical order to the remand order given in Zubik. The order was granted on October 3, 2016. The order stipulated that the Government could still ensure that women covered by the plaintiff’s health plans obtained without cost the full range of FDA approved contraceptives and the government could rely on this order to facilitate this process. It also required the plaintiffs not to be penalized for failure to provide the relevant notice.

The parties continued to file status reports until October of 2017. In October of 2017, President Trump signed an executive order related to the Affordable Care Act. On October 6, 2017, new regulations were passed that would affect this case and the department of Health and Human Services conceded that requiring certain objecting entities to follow the requirements in the Affordable Care Act violated the Religious Freedom Restoration Act because the enforcement did not serve a compelling government interest and was not narrowly tailored. In response to this development, on October 16, 2017, the plaintiffs requested a stay while the parties discussed a resolution.

On October 19, 2018, the plaintiff filed an unopposed motion to lift the stay, vacate the lower court’s ruling, and remand the case given concessions made by the government and new interpretations of the Affordable Care Act promoted by the Department of Health and Human Services. The government had issued interim final rules that acknowledged that its interests would be satisfied as long as women had access to a plan with some contraceptive coverage, including that of a family member in addition to their earlier concessions.

On November 29, 2018, the ruling of the District Court was vacated. With the challenged rules no longer in effect, the plaintiff filed an unopposed motion to dismiss on January 9, 2019, which the court granted the next day. The case is now closed.

Summary Authors

Richard Jolly (3/26/2014)

Kate Craddock (10/23/2016)

Taylor Brook (2/1/2018)

Dan Toubman (4/5/2020)

Related Cases

Eternal World Television Network v. Sebelius, Northern District of Alabama (2012)

Roman Catholic Archdiocese of Atlanta v. Sebelius, Northern District of Georgia (2012)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4127618/parties/eternal-word-television-network-inc-v-us-department-of-health-and/


Judge(s)

Cassady, William E. (Alabama)

Granade, Callie V. (Alabama)

Pryor, William Holcombe Jr. (Alabama)

Tjoflat, Gerald Bard (Florida)

Attorneys(s) for Plaintiff

Blomberg, Daniel Howard (District of Columbia)

Brasher, Andrew Lynn (Alabama)

Duncan, Stuart Kyle (Louisiana)

Parker, William G. Jr. (Alabama)

Rassbach, Eric C (District of Columbia)

Rienzi, Mark (District of Columbia)

Judge(s)

Cassady, William E. (Alabama)

Granade, Callie V. (Alabama)

Pryor, William Holcombe Jr. (Alabama)

Tjoflat, Gerald Bard (Florida)

Attorneys(s) for Plaintiff

Blomberg, Daniel Howard (District of Columbia)

Brasher, Andrew Lynn (Alabama)

Duncan, Stuart Kyle (Louisiana)

Parker, William G. Jr. (Alabama)

Rassbach, Eric C (District of Columbia)

Rienzi, Mark (District of Columbia)

Verm, Diana Marie (District of Columbia)

Windham, Lori H. (District of Columbia)

Attorneys(s) for Defendant

Bennett, Michelle Renee (District of Columbia)

Collette, Matthew M. (District of Columbia)

Humphreys, Bradley Philip (District of Columbia)

Myron, Laura (District of Columbia)

Nemeroff, Patrick George (District of Columbia)

Salzman, Joshua Marc (District of Columbia)

Other Attorney(s)

Amiri, Brigitte A. (New York)

Lee, Jennifer (New York)

Mach, Daniel (District of Columbia)

Marshall, Randall C (Florida)

Documents in the Clearinghouse

Document

Docket [PACER]

March 20, 2019 Docket
1

Complaint

2013 WL 5785974

Oct. 28, 2013 Complaint
61

Order

Eternal World Television Network, Inc. v. Burwell

26 F.Supp.3d 1228

June 17, 2014 Order/Opinion
62

Order

Eternal World Television Network, Inc. v. Burwell

2014 WL 2738546

June 17, 2014 Order/Opinion
65

Order

Eternal World Television Network, Inc. v. Burwell

June 18, 2014 Order/Opinion
66

Final Judgment

Eternal World Television Network, Inc. v. Burwell

June 18, 2014 Order/Opinion

Order

Eternal World Television Network, Inc. v. Secretary, U.S. Department of Health and Human Services

U. S. Court of Appeals for the Eleventh Circuit

June 30, 2014 Order/Opinion
75

Opinion

Eternal World Television Network, Inc. v. Burwell

U. S. Court of Appeals for the Eleventh Circuit

818 F.3d 1122

Feb. 18, 2016 Order/Opinion
BL-171

Status Report

Eternal Word Television Network v. Secretary, U.S. Department of Health and Human Services

U. S. Court of Appeals for the Eleventh Circuit

Oct. 16, 2017 Pleading / Motion / Brief
201

Appellant's Unopposed Motion to Remand and Vacate

Eternal Word Television Network v. Department of Health and Human Services

U. S. Court of Appeals for the Eleventh Circuit

Oct. 19, 2018 Pleading / Motion / Brief

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4127618/eternal-word-television-network-inc-v-us-department-of-health-and/

Last updated May 20, 2022, 3:34 a.m.

ECF Number Description Date Link
1

COMPLAINT ( Filing fee $400 receipt number 1128-1502887, Online Credit Card Payment), filed by Eternal Word Television Network, Inc., State of Alabama against Kathleen Sebelius, United States Department of Health and Human Services, Thomas Perez, United States Department of Labor, Jacob Lew, and United States Department of the Treasury. (Attachments: # 1 Exhibit A_HRSA Guidelines, # 2 Exhibit B_FDA Birth Control Guide, # 3 Exhibit C_Sebelius Press Release, # 4 Exhibit D_HealthCare.gov Grandfathering Factsheet, # 5 Exhibit E_Amendment to Grandfathering Regulation, # 6 Exhibit F_White House Small Business Statement, # 7 Summons_DOL, # 8 Summons_HHS, # 9 Summons_Lew, # 10 Summons_Perez, # 11 Summons_Sebelius, # 12 Summons_Treasury, # 13 Disclosure Statement) (Blomberg, Daniel) Modified on 10/28/2013 (mab). (Additional attachment(s) added on 10/29/2013: # 14 Civil Cover Sheet) (mab). (Entered: 10/28/2013)

1 Exhibit A_HRSA Guidelines

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2 Exhibit B_FDA Birth Control Guide

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3 Exhibit C_Sebelius Press Release

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4 Exhibit D_HealthCare.gov Grandfathering Factsheet

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5 Exhibit E_Amendment to Grandfathering Regulation

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6 Exhibit F_White House Small Business Statement

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7 Summons_DOL

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8 Summons_HHS

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9 Summons_Lew

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10 Summons_Perez

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11 Summons_Sebelius

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12 Summons_Treasury

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13 Disclosure Statement

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14 Civil Cover Sheet

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Oct. 28, 2013 RECAP
2

MOTION for Daniel Blomberg to Appear Pro Hac Vice ( Filing fee $ 50, Receipt number 1128-1502952, Online Credit Card Payment.) by Eternal Word Television Network, Inc.. (Attachments: # 1 PHV Application, # 2 Certificate of Good Standing) (Blomberg, Daniel) (Entered: 10/28/2013)

Oct. 28, 2013 PACER
3

MOTION for S. Kyle Duncan to Appear Pro Hac Vice ( Filing fee $ 50, Receipt number 1128-1502977, Online Credit Card Payment.) by Eternal Word Television Network, Inc.. (Attachments: # 1 PHV Application, # 2 Certificate of Good Standing) (Duncan, Stuart) (Entered: 10/28/2013)

Oct. 28, 2013 PACER
4

MOTION for Lori H. Windham to Appear Pro Hac Vice ( Filing fee $ 50, Receipt number 1128-1502993, Online Credit Card Payment.) by Eternal Word Television Network, Inc.. (Attachments: # 1 PHV Application, # 2 Certificate of Good Standing) (Windham, Lori) (Entered: 10/28/2013)

Oct. 28, 2013 PACER
5

Local Rule 3.4 and blank Disclosure Statement form e-mailed to Plaintiff Eternal Word Television Network, Inc.; Disclosure Statement Due 11/4/2013. (mab) (Entered: 10/28/2013)

Oct. 28, 2013 PACER
6

Corporate Disclosure Statement filed by Plaintiff Eternal Word Television Network, Inc. (Attachment to Complaint) (mab) (Entered: 10/28/2013)

Oct. 28, 2013 PACER
7

Summonses Issued as to Jacob 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 & U.S. Attorney General. (NOTE TO COUNSEL: The Summonses have been issued. Please print copies necessary for service.) (mab) (Entered: 10/28/2013)

Oct. 28, 2013 PACER
8

Service Notice issued 10/28/2013. Plaintiffs' Notice of Service Efforts due by 12/12/2013 pursuant to Local Rule 4.1(c). (Entered: 10/28/2013)

Oct. 28, 2013 PACER
9

ORDER on 6 Corporate Disclosure Statement filed by Eternal Word Television Network, Inc.. A review does not reveal any reason to believe that there are potential conflicts of interest that would require recusal in this action. Signed by Magistrate Judge William E. Cassady on 10/30/2013. (sdb) (Entered: 10/30/2013)

Oct. 30, 2013 PACER
10

Order granting 3 MOTION for S. Kyle Duncan to Appear Pro Hac Vice; granting 2 MOTION for Daniel Blomberg to Appear Pro Hac Vice; granting 4 MOTION for Lori H. Windham to Appear Pro Hac Vice. Deadline set for Mr. Duncan to supplement his application with a certificate of good standing by 11/12/2013. Signed by Magistrate Judge William E. Cassady on 10/30/2013. copies to parties. (sdb) (Entered: 10/30/2013)

Oct. 30, 2013 PACER
11

Document endorsed NOTED by Judge Callie V. S. Granade: Corporate Disclosure Statement 6 filed by Eternal Word Television Network, Inc. (McDermott, Elizabeth) (Entered: 10/30/2013)

Oct. 30, 2013 PACER
12

Supplement to 3 Pro Hac Vice Application/Certificate of Good Standing from USDC New Orleans, LA (Duncan, Stuart) Modified on 11/6/2013 (mab). (Entered: 11/05/2013)

Nov. 5, 2013 PACER
13

Order, recognizing that Mr. Duncan has appropriately supplemented his motion as requested. (See Doc. 12 ). Signed by Magistrate Judge William E. Cassady on 11/13/2013. (adk) (Entered: 11/13/2013)

Nov. 13, 2013 PACER
14

SUMMONS Returned Executed by Eternal Word Television Network, Inc.. United States Department of Health and Human Services served on 10/31/2013, answer due 12/30/2013. (Duncan, Stuart) (Entered: 11/18/2013)

Nov. 18, 2013 PACER
15

SUMMONS Returned Executed by Eternal Word Television Network, Inc.. United States Department of the Treasury served on 11/5/2013, answer due 1/4/2014. (Duncan, Stuart) (Entered: 11/18/2013)

Nov. 18, 2013 PACER
16

SUMMONS Returned Executed by Eternal Word Television Network, Inc.. Kathleen Sebelius served on 10/31/2013, answer due 12/30/2013. (Duncan, Stuart) (Entered: 11/18/2013)

Nov. 18, 2013 PACER
17

SUMMONS Returned Executed by Eternal Word Television Network, Inc.. United States Department of Labor served on 11/5/2013, answer due 1/4/2014. (Duncan, Stuart) (Entered: 11/18/2013)

Nov. 18, 2013 PACER
18

SUMMONS Returned Executed by Eternal Word Television Network, Inc.. Jacob Lew served on 11/1/2013, answer due 12/31/2013. (Duncan, Stuart) (Entered: 11/18/2013)

Nov. 18, 2013 PACER
19

SUMMONS Returned Executed by Eternal Word Television Network, Inc.. Thomas Perez served on 10/31/2013, answer due 12/30/2013. (Duncan, Stuart) (Entered: 11/18/2013)

Nov. 18, 2013 PACER
20

SUMMONS Returned Executed by Eternal Word Television Network, Inc.. All Defendants. (Duncan, Stuart) (Entered: 11/18/2013)

Nov. 18, 2013 PACER
21

SUMMONS Returned Executed by Eternal Word Television Network, Inc.. All Defendants. (Duncan, Stuart) (Entered: 11/18/2013)

Nov. 18, 2013 PACER
22

NOTICE of Appearance by Bradley Philip Humphreys on behalf of Jacob Lew, Thomas Perez, Kathleen Sebelius, United States Department of Health and Human Services, United States Department of Labor, United States Department of the Treasury (Humphreys, Bradley) (Entered: 12/03/2013)

Dec. 3, 2013 PACER
23

Joint MOTION for Extension of Time to File Answer, Extension of Briefing Length, and Adoption of Briefing Schedule by Eternal Word Television Network, Inc.. (Attachments: # 1 Text of Proposed Order) (Blomberg, Daniel) (Entered: 12/19/2013)

Dec. 19, 2013 PACER
24

NOTICE of Endorsement by State of Alabama re: 23 Joint MOTION for Extension of Time to File Answer, Extension of Briefing Length, and Adoption of Briefing Schedule (Brasher, Andrew) (Entered: 12/20/2013)

Dec. 20, 2013 PACER
25

NOTICE of Endorsement by Jacob Lew, Kathleen Sebelius, United States Department of Labor, United States Department of Health and Human Services, Thomas Perez, United States Department of the Treasury re: 23 Joint MOTION for Extension of Time to File Answer, Extension of Briefing Length, and Adoption of Briefing Schedule (Humphreys, Bradley) (Entered: 12/20/2013)

Dec. 20, 2013 PACER
26

ENDORSED ORDER granting 23 Joint Motion for Briefing Schedule, Extended Briefing Length, and Extension of Defendants' Deadline to Submit a Responsive Pleading. Briefing schedule is adopted, and Defendants' responsive pleading shall be filed no later than February 6, 2014. Signed by Judge Callie V. S. Granade on 12/20/2013. (mab) (Entered: 12/20/2013)

Dec. 20, 2013 PACER
27

MOTION for Summary Judgment by State of Alabama. (Attachments: # 1 Text of Proposed Order) (Brasher, Andrew) (Entered: 12/31/2013)

Dec. 31, 2013 PACER
28

Brief filed by State of Alabama re 27 MOTION for Summary Judgment filed by State of Alabama. (Attachments: # 1 Exhibit A, # 2 Exhibit B) (Brasher, Andrew) (Entered: 12/31/2013)

Dec. 31, 2013 PACER
29

MOTION for Partial Summary Judgment & Either MOTION to Expedite Case or MOTION for Preliminary Injunction by Eternal Word Television Network, Inc. (Attachments: # 1 Text of Proposed Order, # 2 Affidavit Blomberg, # 3 Exhibit A_HRSA Guidelines, # 4 Exhibit B_FDA Birth Control Guide, # 5 Exhibit C_Sebelius Press Release, # 6 Exhibit D_Grandfathering Factsheet, # 7 Exhibit E_Grandfathering Reg Amendment, # 8 Exhibit F_White House Small Business Statement, # 9 Exhibit G_Warsaw Declaration, # 10 Exhibit H_Haas Declaration, # 11 Exhibit I_Self-Certification Form, # 12 Exhibit J_Reaching Souls Transcript, # 13 Exhibit K_Cohen Dep. Excerpt, # 14 Suggested Statement of Undisputed Facts) (Blomberg, Daniel). (Added MOTION to Expedite, MOTION for Preliminary Injunction on 1/2/2014) (tot). (Entered: 12/31/2013)

Dec. 31, 2013 PACER
30

Brief filed by Eternal Word Television Network, Inc. re 29 MOTION for Summary Judgment ; Memorandum in Support of Motion for Summary Judgment. (Blomberg, Daniel) (Entered: 12/31/2013)

Dec. 31, 2013 PACER
31

PRELIMINARY SCHEDULING ORDER entered. Rule 26 Meeting Report due by 3/20/2014. Signed by Magistrate Judge William E. Cassady on 2/3/2014. (Attachment: # 1 consent form) (mab) (Entered: 02/03/2014)

Feb. 3, 2014 PACER
32

Unopposed MOTION for Extension of Time to File Responsive Pleading and to Amend Briefing Schedule by Jacob 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 Text of Proposed Order) (Humphreys, Bradley) (Entered: 02/06/2014)

Feb. 6, 2014 PACER
33

ENDORSED ORDER, GRANTING 32 Unopposed MOTION for Extension of Time and to Amend Briefing Schedule. The deadline for defendants to file their responsive pleading is extended to February 10, 2014. The deadline for defendants to file their response to the plaintiffs' motions for summary judgment is extended to February 10, 2014. The plaintiffs are to file their response to any motion to dismiss or motion for summary judgment and file their reply briefs regarding their motions for summary judgment by February 28, 2014. The defendants are to file their reply briefs by March 11, 2014. Signed by Judge Callie V. S. Granade on 2/10/2014. (mab) (Entered: 02/10/2014)

Feb. 10, 2014 PACER
34

MOTION to Dismiss or, in the Alternative, for Summary Judgment by Jacob 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 Exhibit Defendants' Statement of Suggested Findings of Undisputed Facts and Conclusions of Law, # 2 Text of Proposed Order) (Humphreys, Bradley) (Entered: 02/10/2014)

Feb. 10, 2014 PACER
35

Memorandum in Support re 34 MOTION to Dismiss or, in the Alternative, for Summary Judgment filed by Jacob Lew, Thomas Perez, Kathleen Sebelius, United States Department of Health and Human Services, United States Department of Labor, United States Department of the Treasury. (Humphreys, Bradley) (Entered: 02/10/2014)

Feb. 10, 2014 PACER
36

Memorandum in Opposition re 29 MOTION for Summary Judgment MOTION to Expedite MOTION for Preliminary Injunction, 27 MOTION for Summary Judgment filed by Jacob 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 Exhibit Defendants' Response to EWTN's Statement of Suggested Undisputed Material Facts) (Humphreys, Bradley) (Entered: 02/10/2014)

Feb. 10, 2014 PACER
37

MOTION for Jennifer Lee to Appear Pro Hac Vice ( Filing fee $ 50, Receipt number 1128-1543217, Online Credit Card Payment.) by American Civil Liberties Union, American Civil Liberties Union of Alabama. (Attachments: # 1 Pro Hac Vice Application, # 2 Certificate of Good Standing) (Lee, Jennifer) (Entered: 02/11/2014)

Feb. 11, 2014 PACER
38

MOTION for Brigitte Amiri to Appear Pro Hac Vice ( Filing fee $ 50, Receipt number 1128-1543296, Online Credit Card Payment.) by American Civil Liberties Union, American Civil Liberties Union of Alabama. (Attachments: # 1 Pro Hac Vice Application, # 2 Certificate of Good Standing) (Amiri, Brigitte) (Entered: 02/11/2014)

Feb. 11, 2014 PACER
39

MOTION for Daniel Mach to Appear Pro Hac Vice ( Filing fee $ 50, Receipt number 1128-1543327, Online Credit Card Payment.) by American Civil Liberties Union, American Civil Liberties Union of Alabama. (Attachments: # 1 Pro Hac Vice Application, # 2 Certificate of Good Standing) (Mach, Daniel) (Entered: 02/11/2014)

Feb. 11, 2014 PACER
40

MOTION for Leave to File Brief as Amici Curiae by American Civil Liberties Union, American Civil Liberties Union of Alabama. (Attachments: # 1 Proposed Amicus Brief) (Marshall, Randall) (Entered: 02/11/2014)

Feb. 11, 2014 PACER
41

Corporate Disclosure Statement filed by Amicus Parties American Civil Liberties Union, American Civil Liberties Union of Alabama. (Marshall, Randall) (Entered: 02/11/2014)

Feb. 11, 2014 PACER
42

ENDORSED ORDER granting 40 Motion of American Civil Liberties Union and American Civil Liberties Union of Alabama for Leave to File Brief as Amici Curiae. Signed by Judge Callie V. S. Granade on 2/11/2014. (mab) (Entered: 02/11/2014)

Feb. 11, 2014 PACER
43

Brief of Amici Curiae filed by American Civil Liberties Union and American Civil Liberties Union of Alabama in Opposition to ETWN's 29 MOTION for Summary Judgment or for Preliminary Injunction, and in Support of Defendants' 34 MOTION to Dismiss or for Summary Judgment; referred to Judge Granade (mab) (Entered: 02/11/2014)

Feb. 11, 2014 PACER
44

Document endorsed NOTED by Judge Callie V. S. Granade: Corporate Disclosure Statement 41 filed by American Civil Liberties Union, American Civil Liberties Union of Alabama (McDermott, Elizabeth) (Entered: 02/11/2014)

Feb. 11, 2014 PACER
45

NOTICE by Jacob Lew, Thomas Perez, Kathleen Sebelius, United States Department of Health and Human Services, United States Department of Labor, United States Department of the Treasury of Filing of Administrative Record (Attachments: # 1 Exhibit Index of Administrative Record) (Humphreys, Bradley) (Three CDs received and placed in RED FILE FOLDER) Modified on 2/12/2014 (mab). (Entered: 02/11/2014)

Feb. 11, 2014 PACER
46

ENDORSED ORDER granting 37 Motion to Appear Pro Hac Vice of Attorney Jennifer Lee; granting 38 Motion to Appear Pro Hac Vice of Attorney Brigitte Amiri; granting 39 Motion to Appear Pro Hac Vice of Attorney Daniel Mach. Signed by Judge Callie V. S. Granade on 2/11/2014. (mab) (Entered: 02/11/2014)

Feb. 11, 2014 PACER
47

Order, review of 41 Corporate Disclosure Statement filed by American Civil Liberties Union and American Civil Liberties Union of Alabama has not revealed any reason to believe that there are potential conflicts of interest that would require disqualification or recusal in this action. Signed by Magistrate Judge William E. Cassady on 2/11/2014. (mab) (Entered: 02/12/2014)

Feb. 11, 2014 PACER
48

RESPONSE to Motion re: 34 MOTION to Dismiss or, in the Alternative, for Summary Judgment, 27 MOTION for Summary Judgment filed by State of Alabama. (Brasher, Andrew) (Entered: 02/28/2014)

Feb. 28, 2014 PACER
49

REPLY to Response to Motion 29 for Partial Summary Judgment filed by Eternal Word Television Network, Inc.. (Attachments: # 1 Affidavit, # 2 Exhibit L, Little Sisters of the Poor Order, # 3 Exhibit M, Archbishop of Wash. Transcript, # 4 Exhibit Robertson & Collins Survey) (Blomberg, Daniel) (Entered: 02/28/2014)

Feb. 28, 2014 PACER
50

RESPONSE in Opposition re 34 MOTION to Dismiss or, in the Alternative, for Summary Judgment filed by Eternal Word Television Network, Inc.. (Attachments: # 1 Affidavit, # 2 Exhibit L, Little Sisters of the Poor Order, # 3 Exhibit M, Archbishop of Wash. Transcript, # 4 Exhibit N, Robertson & Collins Survey, # 5 Response to Defendants Proposed Statement of Undisputed Fact) (Blomberg, Daniel) (Entered: 02/28/2014)

Feb. 28, 2014 PACER
51

MOTION for Discovery under Rule 56(d) by Eternal Word Television Network, Inc.. (Attachments: # 1 Affidavit in support of Rule 56(d) Motion, # 2 Text of Proposed Order) (Blomberg, Daniel) (Entered: 02/28/2014)

Feb. 28, 2014 PACER
52

REPORT of Rule 26(f) Planning Meeting . (Blomberg, Daniel) (Entered: 03/07/2014)

March 7, 2014 PACER
53

REPLY Brief filed by Defendants Jacob Lew, Thomas Perez, Kathleen Sebelius, United States Department of Health and Human Services, United States Department of Labor, United States Department of the Treasury re: 34 MOTION to Dismiss or, in the Alternative, for Summary Judgment Addressing EWTN's Claims filed by Jacob Lew, Thomas Perez, Kathleen Sebelius, United States Department of Health and Human Services, United States Department of Labor, United States Department of the Treasury. (Humphreys, Bradley) (Entered: 03/11/2014)

March 11, 2014 PACER
54

Order, the Court's Rule 16(b) Scheduling Order will be HELD IN ABEYANCE until after Judge Granade has ruled upon the pending motions. Signed by Magistrate Judge William E. Cassady on 3/18/2014. (mab) (Entered: 03/19/2014)

March 18, 2014 PACER
55

Unopposed MOTION to Expedite Consideration of Case and For Oral Argument by Eternal Word Television Network, Inc.. (Attachments: # 1 Text of Proposed Order) (Blomberg, Daniel) (Entered: 03/20/2014)

March 20, 2014 PACER
56

NOTICE by Eternal Word Television Network, Inc. of Supplemental Authority (Blomberg, Daniel) (Entered: 05/01/2014)

May 1, 2014 PACER
57

NOTICE by Eternal Word Television Network, Inc. Second Notice of Supplemental Authority (Attachments: # 1 Affidavit) (Blomberg, Daniel) (Entered: 05/22/2014)

May 22, 2014 PACER
58

NOTICE by Eternal Word Television Network, Inc. Third Notice of Supplemental Authority (Blomberg, Daniel) (Entered: 06/06/2014)

June 6, 2014 PACER
59

NOTICE by Jacob Lew, Thomas Perez, Kathleen Sebelius, United States Department of Health and Human Services, United States Department of Labor, United States Department of the Treasury of Supplemental Authority (Humphreys, Bradley) (Entered: 06/13/2014)

June 13, 2014 PACER
60

RESPONSE to 59 Notice (Other) filed by Eternal Word Television Network, Inc.. (Blomberg, Daniel) (Entered: 06/13/2014)

June 13, 2014 PACER
61

ORDER, GRANTING EWTN's motion to expedite summary judgment proceedings; DENYING EWTN's motion for summary judgment; and GRANTING Defendants' motion for summary judgment with respect to Counts I, II, V, and IX of the complaint. The court will address EWTN's motion for discovery under 56(d) and the remainder of the Defendants' dispositive motion in a separate order. Signed by Judge Callie V. S. Granade on 6/17/2014. (mab) (Entered: 06/17/2014)

June 17, 2014 RECAP
62

ORDER, Defendants' Motion to Dismiss (Doc. 34 ) is DENIED with respect to Counts XII, XIII, XIV, XVI, XVII, and is GRANTED with respect to all remaining claims; Defendants' Motion for Summary Judgment is DENIED with respect to Counts XII, XIII, XIV, XVI, and XVII; EWTN's 56(d) motion (Doc. 51 ) is DENIED AS MOOT. Signed by Judge Callie V. S. Granade on 6/17/2014. (mab) (Entered: 06/17/2014)

June 17, 2014 RECAP
63

Joint MOTION for Entry of Judgment under Rule 54(b) for Counts I, II, V, and IX, and for a stay of litigation with respect to the remaining counts by Eternal Word Television Network, Inc., State of Alabama. (Attachments: # 1 Text of Proposed Order) (Blomberg, Daniel) (Entered: 06/17/2014)

1 Text of Proposed Order

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June 17, 2014 PACER
64

MOTION for Preliminary Injunction Pending Appeal by Eternal Word Television Network, Inc.. (Attachments: # 1 Text of Proposed Order) (Blomberg, Daniel) (Entered: 06/18/2014)

1 Text of Proposed Order

View on PACER

June 18, 2014 RECAP
65

ORDER, certifying that the order of partial summary judgment dated June 17, 2014, (Doc. 61 ), constitutes a final judgment as to Counts I, II, V, and IX. A separate final judgment as to those Counts will be entered on the docket. Remaining claims STAYED pending appeal of the partial summary judgment. Signed by Judge Callie V. S. Granade on 6/18/2014. (mab) (Entered: 06/18/2014)

June 18, 2014 RECAP

Case Stayed pursuant to 65 Order. (mab)

June 18, 2014 PACER
66

FINAL JUDGMENT entered in favor of United States Department of Health and Human Services, United States Department of Labor, United States Department of the Treasury, Jacob Lew, Sylvia M. Burwell, Thomas Perez against Eternal Word Television Network, Inc. and State of Alabama. Counts I, II, V and IX of the Plaintiff's complaint are DISMISSED with prejudice. Costs are to be taxed against the plaintiffs. Signed by Judge Callie V. S. Granade on 6/18/2014. (mab) (Entered: 06/18/2014)

June 18, 2014 RECAP
67

Order re: 64 MOTION for Preliminary Injunction Pending Appeal filed by Eternal Word Television Network, Inc. Defendant's response due by 6/20/2014. Plaintiff's reply due by 6/23/2014. Signed by Judge Callie V. S. Granade on 6/18/2014. (mab) (Entered: 06/18/2014)

June 18, 2014 PACER
68

NOTICE OF APPEAL as to 65 Judgment, 61 Order on Motion for Summary Judgment,, Order on Motion to Expedite, Order on Motion for Preliminary Injunction, Order on Motion to Dismiss, 66 Judgment, by Eternal Word Television Network, Inc.. ( Filing fee $505 receipt number 1128-1595729, Online Credit Card Payment.) (Blomberg, Daniel) (Note: No Hearings). (Entered: 06/18/2014)

June 18, 2014 PACER
69

Transmission of Notice of Appeal and Docket Sheet to US Court of Appeals re: 65 Judgment, 61 Order on Motion for Summary Judgment,, Order on Motion to Expedite, Order on Motion for Preliminary Injunction, Order on Motion to Dismiss, 66 Judgment, 68 Notice of Appeal, Judge Appealed: Judge Granade, Court Reporter: No Hearings, Fee Paid: PAID (as to Claims I, II, V, IX), all other claims stayed (No Hearings.) (jal) (Entered: 06/18/2014)

June 18, 2014 PACER
70

RESPONSE in Opposition re 64 MOTION for Preliminary Injunction Pending Appeal filed by Sylvia M. Burwell, Jacob Lew, Thomas Perez, United States Department of Health and Human Services, United States Department of Labor, United States Department of the Treasury. (Humphreys, Bradley) (Entered: 06/18/2014)

June 18, 2014 PACER
71

NOTICE of Docketing Record on Appeal from USCA re 68 Notice of Appeal, filed by Eternal Word Television Network, Inc.. USCA Case Number 14-12696-CC (jal) (Entered: 06/19/2014)

June 18, 2014 PACER

Pursuant to F.R.A.P. 11(c), the Clerk of the District Court for the Southern District of Alabama certifies that the record is complete for purposes of this appeal re: 68 Notice of Appeal,, Appeal No. 14-12696-CC. The record on appeal is available electronically with the exception of 1 Red Folder of CDs at doc. 45. (jal)

June 19, 2014 PACER
72

REPLY to Response to Motion 64 for Injunction Pending Appeal filed by Eternal Word Television Network, Inc.. (Blomberg, Daniel) (Entered: 06/19/2014)

June 19, 2014 PACER
73

ORDER denying 64 Motion for Preliminary Injunction pending appeal. Signed by Judge Callie V. S. Granade on 6/19/2014. (mab) (Entered: 06/19/2014)

June 19, 2014 RECAP
79

Unopposed MOTION to Dismiss by Eternal Word Television Network, Inc.. (Windham, Lori) (Entered: 01/09/2019)

Jan. 9, 2019
74

NOTICE of Appearance by Michelle Renee Bennett on behalf of Sylvia M. Burwell, Jacob Lew, Thomas Perez, United States Department of Health and Human Services, United States Department of Labor, United States Department of the Treasury (Bennett, Michelle) (Entered: 04/24/2015)

April 24, 2015 PACER

MOTIONS REFERRED: 79 Unopposed MOTION to Dismiss Under Fed.R.Civ.P. 41(a)(2); Referred to Senior Judge Callie V. S. Granade. (mab) (Entered: 01/09/2019)

Jan. 9, 2019
75

OPINION of USCA as to 68 Notice of Appeal, filed by Eternal Word Television Network, Inc., Opinion issued by court as to Appellant Eternal Word Television Network, Inc. in 14-12696, Appellants Secretary, U.S. Department of Health and Human Services, Secretary, U.S. Department of Labor, Secretary, U.S. Department of the Treasury, U.S. Department of Health and Human Services, U.S. Department of Labor and U.S. Department of the Treasury in 14-12890, 14-13239. Decision: Affirmed in part, Reversed in part and Remanded. Opinion type: Published. Opinion method: Signed. [14-12696, 14-12890, 14-13239], (Mandate to issue at a later date.) (jal) (Entered: 02/19/2016)

Feb. 19, 2016 PACER
76

ORDER of USCA as to 68 Notice of Appeal, filed by Eternal Word Television Network, Inc., Given the Zubik decision, we are VACATING OUR 2/18/16 OPINION in (14-12696 SDAL), (14-12890 and 141329 NDGA). (jal) (Entered: 07/06/2016)

May 31, 2016 PACER
80

ORDER, GRANTING 79 Plaintiffs' unopposed motion to dismiss case without prejudice. Signed by Senior Judge Callie V. S. Granade on 01/10/2019. (mab) (Entered: 01/10/2019)

Jan. 10, 2019
77

MANDATE of USCA re: 68 Notice of Appeal, filed by Eternal Word Television Network, Inc. Appellant's Unopposed Motion to Remand and Vacate is GRANTED. STAY is lifted. Order Granting Partial Summary Judgment in favor of Defendants is VACATED and this matter is REMANDED. Mandate issued 11/29/2018; USCA Case Number 14-12696-CC. (srd) (Entered: 11/30/2018)

Nov. 29, 2018 RECAP

Appeal Remark 1 Red Folder with CDs returned to CRD re USCA Case Number 14−12696−CC. (srd) (Entered: 03/20/2019)

March 20, 2019
78

Order re: 77 USCA Mandate, The parties are ORDERED to file a written report on the status of this action no later than January 9, 2019. Signed by Senior Judge Callie V. S. Granade on 12/6/2018. (mab) (Entered: 12/06/2018)

Dec. 6, 2018 PACER

Appeal Remark

March 20, 2019 PACER

State / Territory: Alabama

Case Type(s):

Speech and Religious Freedom

Special Collection(s):

Contraception Insurance Mandate

Key Dates

Filing Date: Oct. 28, 2013

Closing Date: Jan. 10, 2019

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Plaintiff Eternal Word Television Network (EWTN) is a Catholic media network based in Irondale, Alabama. Plaintiff opposes providing coverage for contraception due to its religious beliefs.

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

United States Department of the Treasury, Federal

United States Department of Health and Human Services, Federal

United States 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):

Due Process

Equal Protection

Establishment Clause

Free Exercise Clause

Freedom of speech/association

Availably Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Preliminary injunction / Temp. restraining order

Source of Relief:

Litigation

Content of Injunction:

Preliminary relief granted

Issues

General:

Abortion

Contraception

Religious programs / policies

Discrimination-basis:

Religion discrimination

Type of Facility:

Non-government non-profit