Case: Roman Catholic Archdiocese of St. Louis v. Burwell

4:13-cv-02300 | U.S. District Court for the Eastern District of Missouri

Filed Date: Nov. 14, 2013

Closed Date: 2017

Clearinghouse coding complete

Case Summary

On November 14, 2013, the Archdiocese of St. Louis and its affiliated nonprofit charities revived their dismissed claim (Roman Catholic Archdiocese of St. Louis v. Sebelius), in the U.S. District Court for the Eastern District of Missouri against the federal government under the Religious Freedom Restoration Act (RFRA), the Administrative Procedure Act (APA), and the First Amendment. Th plaintiffs, represented by private counsel, sought to enjoin enforcement of provisions of the Affordable Care…

On November 14, 2013, the Archdiocese of St. Louis and its affiliated nonprofit charities revived their dismissed claim (Roman Catholic Archdiocese of St. Louis v. Sebelius), in the U.S. District Court for the Eastern District of Missouri against the federal government under the Religious Freedom Restoration Act (RFRA), the Administrative Procedure Act (APA), and the First Amendment. Th plaintiffs, represented by private counsel, sought to enjoin enforcement of provisions of the Affordable Care Act (ACA) extending universal contraception coverage in employer-sponsored private health insurance coverage. The plaintiffs contended that this mandatory contraception coverage violates their sincerely held religious beliefs.

Specifically, the plaintiffs challenged the religious employer exemption and the accommodations put forth in the government's final rule as amended on June 28, 2013, arguing that the definition of religious employer was too narrow and the rule continued to burden their free exercise. They argued that the accommodations required nonexempt plaintiffs to provide self-certification to their insurance provider setting forth their religious objections, which in turn triggered an obligation on the part of the insurance provider to procure the services plaintiffs found objectionable. The plaintiffs argued that they were thus the but-for cause of providing contraception coverage and asked the court to grant a permanent injunction against enforcement of the relevant provisions of the ACA.

On May 8, 2014, the plaintiffs filed a motion for preliminary injunction, seeking to prevent the government from enforcing the contraception mandate against them. On June 30, 2014, Judge John Ross granted the preliminary injunction. 28 F.Supp.3d 944. The government appealed the order to the U.S. Court of Appeals for the Eighth Circuit on August 28, 2014.

On November 12, 2015, the Eighth Circuit decided that it would hold the appeal in abeyance in light of the pending Supreme Court decision in Zubik v. Burwell (See FA-PA-0016 in this Clearinghouse). In Zubik, the Supreme Court declined to rule on the merits of the case and instead held that the parties "should be afforded an opportunity to arrive at an approach going forward that accommodates [plaintiffs'] religious exercise while at the same time ensuring that women covered by [plaintiffs'] health plans ‘receive full and equal health coverage, including contraceptive coverage."

The government requested that the Eighth Circuit issue an order like the one issued by the Supreme Court in Zubik, acknowledging that the plaintiffs believed they should be exempt from the government's final rule and staying the appeal to provide the government with an opportunity to resolve the plaintiffs' request for an exemption. On September 19, 2016, the Eighth Circuit issued this order. Afterwards, the parties continued to provide status updates regarding a resolution to the plaintiffs' challenge to the Eighth Circuit.

In light of the continuing stay in the appeal of this matter, the district court dismissed without prejudice the government’s motion to dismiss on August 5, 2016.

Since September 19, 2016, the parties have submitted multiple status reports to the Eight Circuit. On May 1, 2017, the plaintiffs submitted a status report asking the court not to take any action on the case as the parties continued discussions pursuant to the Supreme Court's Directive in Zubik. The report noted that the Trump administration had not yet determined its position on the issue.

On July 14, 2017, the plaintiffs submitted a status report stating discussions between parties were still ongoing. The report again noted the Trump administration had not determined its position, and as a result, the plaintiffs requested the case remain in abeyance. On September 15, 2017, the plaintiffs filed another status report containing the same information.

On October 6, 2017, the defendants moved to dismiss the case with the plaintiffs' consent. The court granted the dismissal of the appeal on October 10, 2017. Also on October 6, 2017, the Trump Administration issued an order that would no longer require employers to provide contraception if they had religious objections. See New York Time article for more information

On October 23, 2017, the plaintiffs filed a joint stipulation of dismissal. The court granted the motion the same day.

This case is closed.

Summary Authors

Jamie Haberichter (9/21/2014)

MJ Koo (3/14/2017)

Gabriela Hybel (6/17/2017)

Taylor Brook (3/27/2018)

Related Cases

Roman Catholic Archdiocese of St. Louis v. Sebelius, Eastern District of Missouri (2012)

Zubik v. Burwell [II], Western District of Pennsylvania (2013)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/5627754/parties/archdiocese-of-st-louis-v-kathleen-sebelius/


Judge(s)

Ross, John A. (Missouri)

Attorneys(s) for Plaintiff

DeJulius, Leon F. Jr. (Pennsylvania)

Goetz, John D. (Pennsylvania)

Hogan, Carol A. (Illinois)

Kairis, Matthew A (Ohio)

Murashko, Dennis (Illinois)

Murray, Brian Joseph (Illinois)

Pohl, Paul M. (Pennsylvania)

Raimer, David T. (District of Columbia)

Reidy, Daniel E. (Illinois)

Judge(s)

Ross, John A. (Missouri)

Attorneys(s) for Plaintiff

DeJulius, Leon F. Jr. (Pennsylvania)

Goetz, John D. (Pennsylvania)

Hogan, Carol A. (Illinois)

Kairis, Matthew A (Ohio)

Murashko, Dennis (Illinois)

Murray, Brian Joseph (Illinois)

Pohl, Paul M. (Pennsylvania)

Raimer, David T. (District of Columbia)

Reidy, Daniel E. (Illinois)

Rotatori, Mark P. (Illinois)

Attorneys(s) for Defendant

Barbero, Megan (District of Columbia)

Bennett, Michelle Renee (District of Columbia)

Jed, Adam C. (District of Columbia)

Klein, Alisa B. (District of Columbia)

Nemeroff, Patrick George (District of Columbia)

Salzman, Joshua Marc (District of Columbia)

Shumate, Brett (District of Columbia)

Stern, Marc (District of Columbia)

Other Attorney(s)

Amiri, Brigitte A. (New York)

Davidow, Charles E. (District of Columbia)

Greenberger, Marcia D. (District of Columbia)

Katskee, Richard B. (District of Columbia)

Khan, Ayesha N. (District of Columbia)

Lee, Jennifer (New York)

Mach, Daniel (District of Columbia)

Rothert, Anthony [Tony] E. (Missouri)

Smith, Mailee Rebecca (District of Columbia)

Documents in the Clearinghouse

Document

4:13-cv-02300

0:14-03016

Docket [PACER]

Roman Catholic Archdiocese of St. Louis v. Sebelius

Oct. 25, 2017

Oct. 25, 2017

Docket
1

4:13-cv-02300

Complaint and Jury Demand

Roman Catholic Archdiocese of St. Louis v. Sebelius

Nov. 14, 2013

Nov. 14, 2013

Complaint
59

4:13-cv-02300

Memorandum and Order [granting Preliminary Injunction]

Archdiocese of St. Louis v. Burwell

28 F.Supp.3d 944, 2014 WL 2945859

June 30, 2014

June 30, 2014

Order/Opinion

4:13-cv-02300

Settlement Agreement

Oct. 13, 2017

Oct. 13, 2017

Settlement Agreement

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/5627754/archdiocese-of-st-louis-v-kathleen-sebelius/

Last updated Aug. 4, 2022, 3:21 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against defendant Kathleen Sebelius, Thomas E. Perez, Jacob J. Lew, Department of Health and Human Services, Department of Labor, Department of the Treasury with receipt number 0865-4071657, in the amount of $400 Jury Demand,, filed by Archdiocese of St. Louis, Catholic Charities of St. Louis. (Attachments: # 1 Civil Cover Sheet, # 2 Original Filing Form, # 3 Summons, # 4 Summons, # 5 Summons, # 6 Summons, # 7 Summons, # 8 Summons, # 9 Summons, # 10 Summons)(Rotatori, Mark) (Attachment 2 replaced on 11/14/2013) (DLT). (Entered: 11/14/2013)

1 Civil Cover Sheet

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2 Original Filing Form

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3 Summons

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4 Summons

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5 Summons

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6 Summons

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7 Summons

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8 Summons

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9 Summons

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10 Summons

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Nov. 14, 2013

Nov. 14, 2013

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2

MOTION for Leave to Appear Pro Hac Vice Mark P. Rotatori. The Certificate of Good Standing was attached.(Filing fee $100 receipt number 0865-4071808) by Plaintiffs Archdiocese of St. Louis, Catholic Charities of St. Louis. (Attachments: # 1 Certificate of Good Standing)(Rotatori, Mark) (Entered: 11/14/2013)

1 Certificate of Good Standing

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Nov. 14, 2013

Nov. 14, 2013

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3

DISCLOSURE OF CORPORATION INTERESTS CERTIFICATE by Plaintiff Archdiocese of St. Louis. Parent companies: None, Subsidiaries: None, Publicly held company: None,. (Rotatori, Mark) (Entered: 11/14/2013)

Nov. 14, 2013

Nov. 14, 2013

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4

DISCLOSURE OF CORPORATION INTERESTS CERTIFICATE by Plaintiff Catholic Charities of St. Louis. Parent companies: None, Subsidiaries: None, Publicly held company: None,. (Rotatori, Mark) (Entered: 11/14/2013)

Nov. 14, 2013

Nov. 14, 2013

PACER
5

MOTION for Leave to Appear Pro Hac Vice Daniel E. Reidy. The Certificate of Good Standing was attached.(Filing fee $100 receipt number 0865-4071848) by Plaintiffs Archdiocese of St. Louis, Catholic Charities of St. Louis. (Attachments: # 1 Certificate of Good Standing)(Reidy, Daniel) (Entered: 11/14/2013)

1 Certificate of Good Standing

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Nov. 14, 2013

Nov. 14, 2013

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6

MOTION for Leave to Appear Pro Hac Vice Carol A. Hogan. The Certificate of Good Standing was attached.(Filing fee $100 receipt number 0865-4071881) by Plaintiffs Archdiocese of St. Louis, Catholic Charities of St. Louis. (Attachments: # 1 Certificate of Good Standing)(Hogan, Carol) (Entered: 11/14/2013)

1 Certificate of Good Standing

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Nov. 14, 2013

Nov. 14, 2013

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7

MOTION for Leave to Appear Pro Hac Vice Brian J. Murray. The Certificate of Good Standing was attached.(Filing fee $100 receipt number 0865-4071931) by Plaintiffs Archdiocese of St. Louis, Catholic Charities of St. Louis. (Attachments: # 1 Certificate of Good Standing)(Murray, Brian) (Entered: 11/14/2013)

1 Certificate of Good Standing

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Nov. 14, 2013

Nov. 14, 2013

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8

MOTION for Leave to Appear Pro Hac Vice Dennis Murashko. The Certificate of Good Standing was attached.(Filing fee $100 receipt number 0865-4071947) by Plaintiffs Archdiocese of St. Louis, Catholic Charities of St. Louis. (Attachments: # 1 Certificate of Good Standing)(Murashko, Dennis) (Entered: 11/14/2013)

1 Certificate of Good Standing

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Nov. 14, 2013

Nov. 14, 2013

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Case Opening Notification: No summonses issued due to pending Pro Hac Vice motions. Judge Assigned: U.S. District Judge John A. Ross. Modified on 11/15/2013 (DLT).

Nov. 15, 2013

Nov. 15, 2013

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9

Docket Text ORDER: Re: 2 MOTION for Leave to Appear Pro Hac Vice Mark P. Rotatori. The Certificate of Good Standing was attached.(Filing fee $100 receipt number 0865-4071808) by Plaintiffs Archdiocese of St. Louis, Catholic Charities of St. Louis. (Attachments: # 1 Certificate of Good Standing)(Rotatori, Mark) filed by Archdiocese of St. Louis, Catholic Charities of St. Louis, 6 MOTION for Leave to Appear Pro Hac Vice Carol A. Hogan. The Certificate of Good Standing was attached.(Filing fee $100 receipt number 0865-4071881) by Plaintiffs Archdiocese of St. Louis, Catholic Charities of St. Louis. (Attachments: # 1 Certificate of Good Standing)(Hogan, Carol) filed by Archdiocese of St. Louis, Catholic Charities of St. Louis, 7 MOTION for Leave to Appear Pro Hac Vice Brian J. Murray. The Certificate of Good Standing was attached.(Filing fee $100 receipt number 0865-4071931) by Plaintiffs Archdiocese of St. Louis, Catholic Charities of St. Louis. (Attachments: # 1 Certificate of Good Standing)(Murray, Brian) filed by Archdiocese of St. Louis, Catholic Charities of St. Louis, 5 MOTION for Leave to Appear Pro Hac Vice Daniel E. Reidy. The Certificate of Good Standing was attached.(Filing fee $100 receipt number 0865-4071848) by Plaintiffs Archdiocese of St. Louis, Catholic Charities of St. Louis. (Attachments: # 1 Certificate of Good Standing)(Reidy, Daniel) filed by Archdiocese of St. Louis, Catholic Charities of St. Louis, 8 MOTION for Leave to Appear Pro Hac Vice Dennis Murashko. The Certificate of Good Standing was attached.(Filing fee $100 receipt number 0865-4071947) by Plaintiffs Archdiocese of St. Louis, Catholic Charities of St. Louis. (Attachments: # 1 Certificate of Good Standing)(Murashko, Dennis) filed by Archdiocese of St. Louis, Catholic Charities of St. Louis ; ORDERED GRANTED. Signed by District Judge John A. Ross on 11/15/13. (ARL) (Entered: 11/15/2013)

Nov. 15, 2013

Nov. 15, 2013

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10

Summons Issued (8), as to defendants - All Defendants. The summonses were emailed to mprotatori@jonesday.com. (DLT) (Entered: 11/19/2013)

Nov. 19, 2013

Nov. 19, 2013

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11

SUMMONS Returned Executed filed by Catholic Charities of St. Louis, Archdiocese of St. Louis. defendantJacob J. Lew served on 12/6/2013, answer due 2/4/2014; Thomas E. Perez served on 11/25/2013, answer due 1/24/2014; Kathleen Sebelius served on 11/25/2013, answer due 1/24/2014; U.S. Department of Labor served on 11/25/2013, answer due 1/24/2014; U.S. Department of Health and Human Services served on 11/25/2013, answer due 1/24/2014; U.S. Department of Treasury served on 12/6/2013, answer due 2/4/2014; Richard G. Callahan served on 11/21/2013, answer due 1/21/2014; Eric H. Holder, Jr served on 11/25/2013, answer due 1/24/2014. (Attachments: # 1 Summons Sebelius, # 2 Summons Perez, # 3 Summons Lew, # 4 Summons HHS, # 5 Summons Labor, # 6 Summons Treasury, # 7 Summons Holder)(Rotatori, Mark) (Entered: 12/10/2013)

1 Summons Sebelius

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2 Summons Perez

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3 Summons Lew

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4 Summons HHS

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5 Summons Labor

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6 Summons Treasury

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7 Summons Holder

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Dec. 10, 2013

Dec. 10, 2013

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***REMARK - atty Mark Rotatori called and instructed to efile executed summons individually. (LAH)

Dec. 11, 2013

Dec. 11, 2013

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***REMARK - attorney Mark Rotatori called and instructed to re-efile summons individually linking them to individual defendants. (LGK)

Dec. 12, 2013

Dec. 12, 2013

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12

SUMMONS Returned Executed filed by Catholic Charities of St. Louis, Archdiocese of St. Louis on Eric Holder, Attorney General, on 11/25/13. (LGK) (Entered: 12/12/2013)

Dec. 12, 2013

Dec. 12, 2013

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13

SUMMONS Returned Executed filed by Catholic Charities of St. Louis, Archdiocese of St. Louis by serving Thomas Perez on 11/25/13. (LGK) (Entered: 12/12/2013)

Dec. 12, 2013

Dec. 12, 2013

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14

SUMMONS Returned Executed filed by Catholic Charities of St. Louis, Archdiocese of St. Louis by serving Jacob Lew on 12/6/13. (LGK) (Entered: 12/12/2013)

Dec. 12, 2013

Dec. 12, 2013

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15

SUMMONS Returned Executed filed by Catholic Charities of St. Louis, Archdiocese of St. Louis by serving Kathleen Sebelius on 11/25/13. (LGK) (Entered: 12/12/2013)

Dec. 12, 2013

Dec. 12, 2013

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16

SUMMONS Returned Executed filed by Catholic Charities of St. Louis, Archdiocese of St. Louis by serving U. S. Department of Treasury on 12/6/13. (LGK) (Entered: 12/12/2013)

Dec. 12, 2013

Dec. 12, 2013

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17

SUMMONS Returned Executed filed by Catholic Charities of St. Louis, Archdiocese of St. Louis by serving the U.S. Department of Labor on 11/25/13. (LGK) (Entered: 12/12/2013)

Dec. 12, 2013

Dec. 12, 2013

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18

SUMMONS Returned Executed filed by Catholic Charities of St. Louis, Archdiocese of St. Louis by serving United States Department of Health and Human Services on 11/25/13. (LGK) (Entered: 12/12/2013)

Dec. 12, 2013

Dec. 12, 2013

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19

SUMMONS Returned Executed filed by Catholic Charities of St. Louis, Archdiocese of St. Louis by serving Richard Callahan, U.S. Attorney, on 11/21/13. (LGK) (Entered: 12/12/2013)

Dec. 12, 2013

Dec. 12, 2013

PACER
20

MOTION for Extension of: Time to Respond to Complaint by Defendants Jacob J. Lew, Thomas E. Perez, Kathleen Sebelius, U.S. Department of Labor, U.S. Department of Health and Human Services, U.S. Department of Treasury. (Bennett, Michelle) (Entered: 01/21/2014)

Jan. 21, 2014

Jan. 21, 2014

PACER
21

Docket Text ORDER: Re: 20 MOTION for Extension of: Time to Respond to Complaint by Defendants Jacob J. Lew, Thomas E. Perez, Kathleen Sebelius, U.S. Department of Labor, U.S. Department of Health and Human Services, U.S. Department of Treasury. (Bennett, Michelle) filed by U.S. Department of Labor, U.S. Department of Treasury, Kathleen Sebelius, Jacob J. Lew, Thomas E. Perez, U.S. Department of Health and Human Services - GRANTED Signed by District Judge John A. Ross on 1/21/14. (LAH) (Entered: 01/21/2014)

Jan. 21, 2014

Jan. 21, 2014

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22

NOTICE Filing of Administrative Record: by Defendants Jacob J. Lew, Thomas E. Perez, Kathleen Sebelius, U.S. Department of Labor, U.S. Department of Health and Human Services, U.S. Department of Treasury (Attachments: # 1 Index of Administrative Record, # 2 Certification of Administrative Record)(Bennett, Michelle) (Entered: 01/22/2014)

1 Index of Administrative Record

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2 Certification of Administrative Record

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Jan. 22, 2014

Jan. 22, 2014

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23

MOTION for Leave to File in Excess of Page Limitation by Defendants Jacob J. Lew, Thomas E. Perez, Kathleen Sebelius, U.S. Department of Labor, U.S. Department of Health and Human Services, U.S. Department of Treasury. (Bennett, Michelle) (Entered: 01/22/2014)

Jan. 22, 2014

Jan. 22, 2014

PACER
24

MOTION to Dismiss Case, MOTION for Summary Judgment by Defendants Jacob J. Lew, Thomas E. Perez, Kathleen Sebelius, U.S. Department of Labor, U.S. Department of Health and Human Services, U.S. Department of Treasury. (Attachments: # 1 Memorandum in Support, # 2 Statement of Material Facts)(Bennett, Michelle) (Entered: 01/22/2014)

1 Memorandum in Support

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2 Statement of Material Facts

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Jan. 22, 2014

Jan. 22, 2014

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25

Docket Text ORDER: Re: 23 MOTION for Leave to File in Excess of Page Limitation by Defendants Jacob J. Lew, Thomas E. Perez, Kathleen Sebelius, U.S. Department of Labor, U.S. Department of Health and Human Services, U.S. Department of Treasury. (Bennett, Michelle) filed by U.S. Department of Labor, U.S. Department of Treasury, Kathleen Sebelius, Jacob J. Lew, Thomas E. Perez, U.S. Department of Health and Human Services - GRANTED Signed by District Judge John A. Ross on 1/23/14. (LAH) (Entered: 01/23/2014)

Jan. 23, 2014

Jan. 23, 2014

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26

MOTION for Leave to Appear Pro Hac Vice Jennifer Lee. The Certificate of Good Standing was attached.(Filing fee $100 receipt number 0865-4160842) by Amicus American Civil Liberties Union. (Attachments: # 1 Certificate of Good Standing)(Lee, Jennifer) (Entered: 01/23/2014)

1 Certificate of Good Standing

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Jan. 23, 2014

Jan. 23, 2014

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27

MOTION for Leave to Appear Pro Hac Vice Brigitte Amiri. The Certificate of Good Standing was attached.(Filing fee $100 receipt number 0865-4160896) by Amicus American Civil Liberties Union. (Attachments: # 1 Certificate of Good Standing)(Amiri, Brigitte) (Entered: 01/23/2014)

1 Certificate of Good Standing

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Jan. 23, 2014

Jan. 23, 2014

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28

MOTION for Leave to Appear Pro Hac Vice Daniel Mach. The Certificate of Good Standing was attached.(Filing fee $100 receipt number 0865-4160915) by Amicus American Civil Liberties Union. (Attachments: # 1 Certificate of Good Standing)(Mach, Daniel) (Entered: 01/23/2014)

1 Certificate of Good Standing

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Jan. 23, 2014

Jan. 23, 2014

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29

ENTRY of Appearance by Anthony E. Rothert for Amicus American Civil Liberties Union of Missouri. (Rothert, Anthony) (Entered: 01/23/2014)

Jan. 23, 2014

Jan. 23, 2014

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30

MOTION to File Amicus Brief by Amicus Parties American Civil Liberties Union, American Civil Liberties Union of Missouri. (Attachments: # 1 Attachment Proposed Amicus Brief)(Lee, Jennifer) (Entered: 01/23/2014)

1 Attachment Proposed Amicus Brief

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Jan. 23, 2014

Jan. 23, 2014

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31

ADMINISTRATIVE RECORD ELECTRONIC RECORD (THREE CDs) re 22 NOTICE OF FILING OF CERTIFIED ADMINISTRATIVE RECORD by Defendants Richard G. Callahan, Eric H. Holder, Jr, Jacob J. Lew, Thomas E. Perez, Kathleen Sebelius, U.S. Department of Labor, U.S. Department of Health and Human Services, U.S. Department of Treasury. (Please note CD's are filed and maintained by Clerk's Office.) (ARL) (Entered: 01/24/2014)

Jan. 23, 2014

Jan. 23, 2014

PACER
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Docket Text ORDER: Re: 28 MOTION for Leave to Appear Pro Hac Vice Daniel Mach. The Certificate of Good Standing was attached.(Filing fee $100 receipt number 0865-4160915) by Amicus American Civil Liberties Union. (Attachments: # 1 Certificate of Good Standing)(Mach, Daniel) filed by American Civil Liberties Union, 26 MOTION for Leave to Appear Pro Hac Vice Jennifer Lee. The Certificate of Good Standing was attached.(Filing fee $100 receipt number 0865-4160842) by Amicus American Civil Liberties Union. (Attachments: # 1 Certificate of Good Standing)(Lee, Jennifer) filed by American Civil Liberties Union, 27 MOTION for Leave to Appear Pro Hac Vice Brigitte Amiri. The Certificate of Good Standing was attached.(Filing fee $100 receipt number 0865-4160896) by Amicus American Civil Liberties Union. (Attachments: # 1 Certificate of Good Standing)(Amiri, Brigitte) filed by American Civil Liberties Union ; ORDERED GRANTED. Signed by District Judge John A. Ross on 1/24/14. (ARL) (Entered: 01/24/2014)

Jan. 24, 2014

Jan. 24, 2014

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33

Docket Text ORDER: Re: 30 MOTION to File Amicus Brief by Amicus Parties American Civil Liberties Union, American Civil Liberties Union of Missouri. (Attachments: # 1 Attachment Proposed Amicus Brief)(Lee, Jennifer) filed by American Civil Liberties Union, American Civil Liberties Union of Missouri ; ORDERED GRANTED. Signed by District Judge John A. Ross on 1/24/14. (ARL) (Entered: 01/24/2014)

Jan. 24, 2014

Jan. 24, 2014

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BRIEF IN SUPPORT of Motion re 24 MOTION to Dismiss Case MOTION for Summary Judgment filed by Amicus Parties American Civil Liberties Union, American Civil Liberties Union of Missouri. (ARL) (Entered: 01/24/2014)

Jan. 24, 2014

Jan. 24, 2014

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35

MOTION for Leave to File in Excess of Page Limitation in Response to Defendants' Motion to Dismiss, or in the Alternative, Motion for Summary Judgment, MOTION for Extension of Time to File Response/Reply to Defendants' Motion to Dismiss, or in the Alternative, Motion for Summary Judgment by Plaintiffs Archdiocese of St. Louis, Catholic Charities of St. Louis. (Murashko, Dennis) (Entered: 02/04/2014)

Feb. 4, 2014

Feb. 4, 2014

PACER
36

Docket Text ORDER: Re: 35 MOTION for Leave to File in Excess of Page Limitation in Response to Defendants' Motion to Dismiss, or in the Alternative, Motion for Summary Judgment, MOTION for Extension of Time up to and including February 26, 2014, to File Response/Reply to Defendants' Motion to Dismiss, or in the Alternative, Motion for Summary Judgment by Plaintiffs Archdiocese of St. Louis, Catholic Charities of St. Louis. (Murashko, Dennis) ; ORDERED GRANTED. Signed by District Judge John A. Ross on 2/5/14. (KXS) (Entered: 02/05/2014)

Feb. 5, 2014

Feb. 5, 2014

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37

MOTION for Summary Judgment by Plaintiffs Archdiocese of St. Louis, Catholic Charities of St. Louis. (Rotatori, Mark) (Entered: 02/26/2014)

Feb. 26, 2014

Feb. 26, 2014

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38

MEMORANDUM in Support of Motion re 37 MOTION for Summary Judgment and Opposition to Defendants' Motion to Dismiss, or in the Alternative, Motion for Summary Judgment filed by Plaintiffs Archdiocese of St. Louis, Catholic Charities of St. Louis. (Attachments: # 1 Attachment Plaintiffs' Statement of Undisputed Material Facts in Support of MSJ, # 2 Attachment Plaintiffs' Responses and Objections to Defendants' Statement of Material Facts)(Rotatori, Mark) (Entered: 02/26/2014)

1 Attachment Plaintiffs' Statement of Undisputed Material Facts in Support of

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2 Attachment Plaintiffs' Responses and Objections to Defendants' Stateme

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Feb. 26, 2014

Feb. 26, 2014

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39

Plaintiffs' Appendix in Support re 38 of Plaintiffs' Opposition to Defendants' Motion to Dismiss, or, in the Alternative, for Summary Judgment, and Motion for Summary Judgment by Plaintiffs Archdiocese of St. Louis, Catholic Charities of St. Louis. (Attachments: # 1 Appendix Part 1 of 3, # 2 Appendix Part 2 of 3, # 3 Appendix Part 3 of 3)(Rotatori, Mark) Modified on 3/14/2014 to term entry as a Motion. (ARL). (Entered: 02/26/2014)

1 Appendix Part 1 of 3

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2 Appendix Part 2 of 3

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3 Appendix Part 3 of 3

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Feb. 26, 2014

Feb. 26, 2014

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40

Consent MOTION for Extension of Time to File Response/Reply by Defendants Jacob J. Lew, Thomas E. Perez, Kathleen Sebelius, U.S. Department of Labor, U.S. Department of Health and Human Services, U.S. Department of Treasury. (Bennett, Michelle) (Entered: 02/27/2014)

Feb. 27, 2014

Feb. 27, 2014

PACER
41

Docket Text ORDER: Re: 40 Consent MOTION for Extension of Time to File Response/Reply by Defendants Jacob J. Lew, Thomas E. Perez, Kathleen Sebelius, U.S. Department of Labor, U.S. Department of Health and Human Services, U.S. Department of Treasury. (Bennett, Michelle) filed by U.S. Department of Labor, U.S. Department of Treasury, Kathleen Sebelius, Jacob J. Lew, Thomas E. Perez, U.S. Department of Health and Human Services ; ORDERED GRANTED. Signed by District Judge John A. Ross on 2/28/14. (ARL) (Entered: 02/28/2014)

Feb. 28, 2014

Feb. 28, 2014

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42

Consent MOTION for Leave to File in Excess of Page Limitation by Defendants Jacob J. Lew, Thomas E. Perez, Kathleen Sebelius, U.S. Department of Labor, U.S. Department of Health and Human Services, U.S. Department of Treasury. (Bennett, Michelle) (Entered: 04/02/2014)

April 2, 2014

April 2, 2014

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43

MEMORANDUM in Opposition re 37 MOTION for Summary Judgment AND Reply in Support of Defs.' Motion to Dismiss or, in the Alternative, for Summary Judgment filed by Defendants Jacob J. Lew, Thomas E. Perez, Kathleen Sebelius, U.S. Department of Labor, U.S. Department of Health and Human Services, U.S. Department of Treasury. (Attachments: # 1 Attachment 1, # 2 Attachment 2, # 3 Defs.' Response to Pls.' Statement of Undisputed Material Facts)(Bennett, Michelle) (Entered: 04/02/2014)

1 Attachment 1

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2 Attachment 2

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3 Defs.' Response to Pls.' Statement of Undisputed Material Facts

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April 2, 2014

April 2, 2014

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44

Docket Text ORDER: Re: 42 Consent MOTION for Leave to File in Excess of Page Limitation by Defendants Jacob J. Lew, Thomas E. Perez, Kathleen Sebelius, U.S. Department of Labor, U.S. Department of Health and Human Services, U.S. Department of Treasury. (Bennett, Michelle) filed by U.S. Department of Labor, U.S. Department of Treasury, Kathleen Sebelius, Jacob J. Lew, Thomas E. Perez, U.S. Department of Health and Human Services ; ORDERED GRANTED. Signed by District Judge John A. Ross on 4/3/14. (LGK) (Entered: 04/03/2014)

April 3, 2014

April 3, 2014

PACER
45

Consent MOTION for Extension of Time to File Response/Reply and Motion to File Overlength Reply Memorandum by Plaintiffs Archdiocese of St. Louis, Catholic Charities of St. Louis. (Murashko, Dennis) (Entered: 04/04/2014)

April 4, 2014

April 4, 2014

PACER
46

Docket Text ORDER: Re: 45 Consent MOTION for Extension of Time up to and including April 23, 2014, to File Response/Reply and Motion to File Overlength Reply Memorandum by Plaintiffs Archdiocese of St. Louis, Catholic Charities of St. Louis. (Murashko, Dennis) ; ORDERED GRANTED. Signed by District Judge John A. Ross on 4/4/14. (KXS) (Entered: 04/04/2014)

April 4, 2014

April 4, 2014

PACER
47

REPLY to Response to Motion re 37 MOTION for Summary Judgment filed by Plaintiffs Archdiocese of St. Louis, Catholic Charities of St. Louis. (Rotatori, Mark) (Entered: 04/23/2014)

April 23, 2014

April 23, 2014

PACER
48

MOTION for Preliminary Injunction by Plaintiffs Archdiocese of St. Louis, Catholic Charities of St. Louis. (Rotatori, Mark) (Entered: 05/08/2014)

May 8, 2014

May 8, 2014

PACER
49

MEMORANDUM in Support of Motion re 48 MOTION for Preliminary Injunction filed by Plaintiffs Archdiocese of St. Louis, Catholic Charities of St. Louis. (Rotatori, Mark) (Entered: 05/08/2014)

May 8, 2014

May 8, 2014

PACER
50

Consent MOTION for Extension of Time to File Response/Reply as to 48 MOTION for Preliminary Injunction by Defendants Jacob J. Lew, Thomas E. Perez, Kathleen Sebelius, U.S. Department of Labor, U.S. Department of Health and Human Services, U.S. Department of Treasury. (Bennett, Michelle) (Entered: 05/15/2014)

May 15, 2014

May 15, 2014

PACER
51

Docket Text ORDER: Re: 50 Consent MOTION for Extension of Time to File Response/Reply as to 48 MOTION for Preliminary Injunction by Defendants Jacob J. Lew, Thomas E. Perez, Kathleen Sebelius, U.S. Department of Labor, U.S. Department of Health and Human Services, U.S. Department of Treasury ORDERED GRANTED. Signed by District Judge John A. Ross on 5/16/14. (JWD) (Entered: 05/16/2014)

May 16, 2014

May 16, 2014

PACER
52

MEMORANDUM in Opposition re 48 MOTION for Preliminary Injunction filed by Defendants Jacob J. Lew, Thomas E. Perez, Kathleen Sebelius, U.S. Department of Labor, U.S. Department of Health and Human Services, U.S. Department of Treasury. (Bennett, Michelle) (Entered: 05/23/2014)

May 23, 2014

May 23, 2014

PACER
53

Second MOTION to Dismiss for Lack of Jurisdiction by Defendants Jacob J. Lew, Thomas E. Perez, Kathleen Sebelius, U.S. Department of Labor, U.S. Department of Health and Human Services, U.S. Department of Treasury. (Bennett, Michelle) (Entered: 05/23/2014)

May 23, 2014

May 23, 2014

PACER
54

REPLY to Response to Motion re 48 MOTION for Preliminary Injunction, 53 Second MOTION to Dismiss for Lack of Jurisdiction REPLY AND RESPONSE filed by Plaintiffs Archdiocese of St. Louis, Catholic Charities of St. Louis. (Attachments: # 1 Exhibit A)(Rotatori, Mark) (Entered: 05/30/2014)

1 Exhibit A

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May 30, 2014

May 30, 2014

PACER
55

REPLY to Response to Motion re 53 Second MOTION to Dismiss for Lack of Jurisdiction filed by Defendants Richard G. Callahan, Eric H. Holder, Jr, Jacob J. Lew, Thomas E. Perez, Kathleen Sebelius, U.S. Department of Labor, U.S. Department of Health and Human Services, U.S. Department of Treasury. (Bennett, Michelle) (Entered: 06/09/2014)

June 9, 2014

June 9, 2014

PACER
56

NOTICE Supplemental Authority: by Defendants Jacob J. Lew, Thomas E. Perez, Kathleen Sebelius, U.S. Department of Labor, U.S. Department of Health and Human Services, U.S. Department of Treasury re 24 MOTION to Dismiss Case MOTION for Summary Judgment, 52 Memorandum in Opposition to Motion, (Bennett, Michelle) (Entered: 06/13/2014)

June 13, 2014

June 13, 2014

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57

NOTICE Supplemental Authorities: by Defendants Jacob J. Lew, Thomas E. Perez, Kathleen Sebelius, U.S. Department of Labor, U.S. Department of Health and Human Services, U.S. Department of Treasury re 24 MOTION to Dismiss Case MOTION for Summary Judgment, 52 Memorandum in Opposition to Motion, (Attachments: # 1 Eternal Word Television Network v. Burwell, ECF No. 61, # 2 Eternal Word Television Network v. Burwell, ECF No. 62, # 3 Wheaton College v. Burwell, # 4 Catholic Charities of the Archdiocese of Philadelphia v. Burwell)(Bennett, Michelle) (Entered: 06/26/2014)

1 Eternal Word Television Network v. Burwell, ECF No. 61

View on PACER

2 Eternal Word Television Network v. Burwell, ECF No. 62

View on PACER

3 Wheaton College v. Burwell

View on PACER

4 Catholic Charities of the Archdiocese of Philadelphia v. Burwell

View on PACER

June 26, 2014

June 26, 2014

PACER
58

NOTICE by Plaintiffs Archdiocese of St. Louis, Catholic Charities of St. Louis re 57 Notice (Other),, Notice of Supplemental Authority (Attachments: # 1 Exhibit A)(Rotatori, Mark) (Entered: 06/30/2014)

1 Exhibit A

View on PACER

June 30, 2014

June 30, 2014

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59

MEMORANDUM AND ORDER: IT IS HEREBY ORDERED THAT Plaintiff's Motion for Preliminary Injunction 48 is GRANTED. IT IS FURTHER ORDERED THAT Defendants, their agents, officers, and employees, and all others in active concert or participation with them, are hereby ENJOINED AND RESTRAINED from any application or enforcement against the Plaintiffs of the substantive requirements at issue in this case imposed by 42 U.S.C. ยง 300gg-13(a)(4) and its related regulations, including any penalties, fines and assessments for noncompliance with these provisions, until further order of the Court. Signed by District Judge John A. Ross on 6/30/14. (JWD) (Entered: 06/30/2014)

June 30, 2014

June 30, 2014

RECAP
60

NOTICE OF APPEAL as to 59 Memorandum & Order,, by Defendants Jacob J. Lew, Thomas E. Perez, Kathleen Sebelius, U.S. Department of Labor, U.S. Department of Health and Human Services, U.S. Department of Treasury. (Entered: 08/28/2014)

Aug. 28, 2014

Aug. 28, 2014

PACER
61

NOTIFICATION OF APPEAL AND NOA SUPPLEMENT by clerk to USCA regarding 60 Notice of Appeal. Notice of Appeal filed on 08/28/2014 by Defendants Jacob J. Lew, Thomas E. Perez, Kathleen Sebelius, U.S. Department of Labor, U.S. Department of Health and Human Services, U.S. Department of Treasury. NOTIFICATION TO COUNSEL AND PRO SE PARTY: FILE REQUEST FOR TRANSCRIPT WITH DISTRICT COURT CLERKS OFFICE.(DLT) (Entered: 08/29/2014)

Aug. 29, 2014

Aug. 29, 2014

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62

Initial Notification and or Briefing Schedule from USCA for 60 Notice of Appeal filed by U.S. Department of Labor, U.S. Department of Treasury, Kathleen Sebelius, Jacob J. Lew, Thomas E. Perez, U.S. Department of Health and Human Services. USCA Appeal Number: 14-3016. Method of Appendix due: 14 days from today. Designation of record due: 14 days from today. Appellants Briefs due: 10/14/14... See Briefing Schedule for full details. (Attachment: # 1 Briefing Schedule)(ARL) (Entered: 09/03/2014)

1 Briefing Schedule

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Sept. 3, 2014

Sept. 3, 2014

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63

Record Transmittal Sheet: The following record has been forwared to: Clerk, US Court of Appeals, Eastern District of Missouri. One yellow expansion file folder marked EO1 holding doucment #31 - Administrative Reocrd on 3CD's. (ARL) (Entered: 09/04/2014)

Sept. 3, 2014

Sept. 3, 2014

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64

ORDER of USCA as to 60 Notice of Appeal filed by U.S. Department of Labor, U.S. Department of Treasury, Kathleen Sebelius, Jacob J. Lew, Thomas E. Perez, U.S. Department of Health and Human Services USCA Appeal #: 14-3016 The motion to hold this case in abeyance pending the court's decisions in Dordt College v. Burwell, No. 14-2726, and Sharpe Holdings, Inc., v. Burwell, No. 14-1507, has been considered and is granted. The briefing schedule shall nonetheless continue. Appellants' motion for a seven-day extension to file appellants brief is granted. Appellants brief is due October 15, 2014. (LGK) (Entered: 10/08/2014)

Oct. 8, 2014

Oct. 8, 2014

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65

ORDER of USCA: On the court's own motion, this case will be held in abeyance pending the United States Supreme Court's decision in 14-1418, Zubik v. Burwell and consolidated cases. USCA Appeal #: 14-3016 (KMS) (Entered: 11/12/2015)

Nov. 12, 2015

Nov. 12, 2015

PACER
66

ORDER of USCA as to 60 Notice of Appeal: The court will continue to hold this matter in abeyance. The parties are directed to file a status report no later than July 1, 2016. USCA Appeal #: 14-3016 (JAB) (Entered: 05/24/2016)

May 24, 2016

May 24, 2016

PACER
67

LETTER from USCA re status report. USCA Appeal #: 14-3016(JAB) (Entered: 06/23/2016)

June 23, 2016

June 23, 2016

PACER
68

LETTER from USCA USCA Appeal #: 14-3016: The Archdiocese of St. Louis and Catholic Charities of St. Louis are directed to file a status report on or before August 1, 2016. re 60 Notice of Appeal :(KKS) (Entered: 06/30/2016)

June 30, 2016

June 30, 2016

PACER
69

LETTER from USCA re 60 Notice of Appeal : USCA Appeal #: 14-3016; The status report has been filed and the appeal will remain in abeyance. Please file with this office a status report regarding developments in the case by October 7, 2016. (KKS) (Entered: 08/02/2016)

Aug. 2, 2016

Aug. 2, 2016

PACER
70

ORDER: IT IS HEREBY ORDERED that Defendants' Motion to Dismiss or, in the Alternative for Summary Judgment (Doc. No. 24 ), Plaintiffs Motion for Summary Judgment (Doc. No. 37 ), and Defendants' Second Motion to Dismiss (Doc. No. 53 ) are DISMISSED without prejudice, subject to refiling following the Eighth Circuit's adjudication of the pending appeal. Signed by District Judge John A. Ross on 8/5/16. (JAB) (Entered: 08/05/2016)

Aug. 5, 2016

Aug. 5, 2016

PACER
71

LETTER from USCA to Mr. Mark B. Stern U.S. DEPARTMENT OF JUSTICE re 60 Notice of Appeal : USCA Appeal #: 14-3016: The status report due on September 26, 2016, has been filed pursuant to this Court's Order. Please file with this office a status report regarding developments in the case by November 30, 2016.(KKS) (Entered: 09/27/2016)

Sept. 27, 2016

Sept. 27, 2016

PACER
72

LETTER from USCA re Status Report: USCA Appeal #: 14-3016. The status report due on December 12, 2016 has been filed pursuant to this Court's Order of October 11, 2016. Please file with this office a status report regarding developments in the case by March 3, 2017. (CLO) (Entered: 12/01/2016)

Dec. 1, 2016

Dec. 1, 2016

PACER
73

LETTER from USCA re 60 Notice of Appeal : USCA Appeal #: 14-3016. Please file with this office a status report regarding developments in the case by March 3, 2017.(CLO) (Entered: 01/11/2017)

Jan. 11, 2017

Jan. 11, 2017

PACER
74

LETTER from USCA re 60 Notice of Appeal : USCA Appeal #: 14-3016. The latest status report has been filed. Please file with this office a status report regarding developments in the case by November 20, 2017. (CLO) (Entered: 09/20/2017)

Sept. 20, 2017

Sept. 20, 2017

PACER
75

USCA JUDGMENT as to 60 Notice of Appeal filed by U.S. Department of Labor, U.S. Department of Treasury, Kathleen Sebelius, Jacob J. Lew, Thomas E. Perez, U.S. Department of Health and Human Services. Appellant's motion to dismiss the appeal is granted. The appeal is hereby dismissed in accordance with the Federal Rules of Appellate Procedure 42(b).The Court's mandate shall issue forthwith. (CLO) (Entered: 10/11/2017)

Oct. 11, 2017

Oct. 11, 2017

RECAP
76

MANDATE of USCA as to 60 Notice of Appeal filed by U.S. Department of Labor, U.S. Department of Treasury, Kathleen Sebelius, Jacob J. Lew, Thomas E. Perez, U.S. Department of Health and Human Services USCA #:14-3016 DISMISSED. (CLO) (Entered: 10/11/2017)

Oct. 11, 2017

Oct. 11, 2017

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77

STIPULATION - Joint Stipulation of Dismissal by Plaintiffs Archdiocese of St. Louis, Catholic Charities of St. Louis. (Rotatori, Mark) (Entered: 10/23/2017)

Oct. 23, 2017

Oct. 23, 2017

PACER
78

ORDER: IT IS HEREBY ORDERED that the Clerk of Court is directed to close the case. Signed by District Judge John A. Ross on 10/23/2017. (CLO) (Entered: 10/23/2017)

Oct. 23, 2017

Oct. 23, 2017

PACER
79

Records Transmittal re 60 Notice of Appeal : USCA Appeal #: 14-3016. The following has been returned from USCA: 1 expandable folder of miscellaneous record.(JAB) (Entered: 10/26/2017)

Oct. 25, 2017

Oct. 25, 2017

PACER

Case Details

State / Territory: Missouri

Case Type(s):

Speech and Religious Freedom

Special Collection(s):

Contraception Insurance Mandate

Multi-LexSum (in sample)

Key Dates

Filing Date: Nov. 14, 2013

Closing Date: 2017

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Catholic Archdiocese of St. Louis and affiliated non-profit Catholic organizations challenging the mandatory contraception provisions of the Affordable Care Act.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

United States Department of Labor (Washington D.C.), Federal

United States Department of the Treasury (Washington D.C.), Federal

United States Department of Health and Human Services, (Washington D.C.), 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

Availably Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Preliminary injunction / Temp. restraining order

Source of Relief:

Litigation

Form of Settlement:

Voluntary Dismissal

Order Duration: 2014 - None

Content of Injunction:

Preliminary relief granted

Issues

General:

Contraception

Religious programs / policies

Discrimination-basis:

Religion discrimination

Type of Facility:

Non-government non-profit