Case: Wheaton College v. Sebelius

1:13-cv-08910 | U.S. District Court for the Northern District of Illinois

Filed Date: Dec. 13, 2013

Closed Date: April 3, 2019

Clearinghouse coding complete

Case Summary

On December 13, 2013, Wheaton College, a Christian school, filed this lawsuit in the U.S. District Court for the Northern District of Illinois. The college sued the Department of Health and Human Services under the Religious Freedom Restoration Act and the Administrative Procedure Act (5 U.S.C. §§ 551 et seq.). The college, represented by the Becket Fund for Religious Liberty, asked the court for declaratory and injunctive relief, claiming that the Final Mandate of the Affordable Care Act, whic…

On December 13, 2013, Wheaton College, a Christian school, filed this lawsuit in the U.S. District Court for the Northern District of Illinois. The college sued the Department of Health and Human Services under the Religious Freedom Restoration Act and the Administrative Procedure Act (5 U.S.C. §§ 551 et seq.). The college, represented by the Becket Fund for Religious Liberty, asked the court for declaratory and injunctive relief, claiming that the Final Mandate of the Affordable Care Act, which requires the college to offer health insurance plans that provide free coverage of contraceptives that the college views as abortifacients, violates the RFRA; the APA; the Free Exercise, Free Speech, and Establishment Clauses of the 1st Amendment; and the Due Process and Equal Protection Clauses of the 5th Amendment. The college had previously filed this suit in the District of the District of Columbia, where it was dismissed as moot by the D.C. Circuit Court of Appeals on August 13, 2013 Wheaton College v. Sebelius.

Specifically, Wheaton claimed that its identity as a Christian liberal arts college forbids it from providing access to abortion, including what it views as abortifacient drugs or devices. The college claimed that these religious beliefs preclude it from participating in the ACA's regulatory scheme to provide and subsidize these drugs and devices. Nor can the college participate in the accommodation offered by the government, which would still require it to designate an agent to pay for the objected-to services on Wheaton's behalf, as well as to take steps to trigger the coverage; the accommodation itself violates the school's religious beliefs, Wheaton argued.

The Final Mandate was set to go into effect on July 1, 2014.

On June 23, 2014, the district court (Judge Robert M. Dow, Jr.) denied Wheaton's motion for a preliminary injunction of the Final Mandate. 50 F.Supp.3d 939. The court held that Wheaton had no likelihood of success in establishing a substantial burden on its religious exercise, given the accommodation that the government offered it.

On June 30, 2014, the day before the regulations took effect, Wheaton filed an emergency motion for reconsideration, which the court denied based in part on the Hobby Lobby decision handed down by the Supreme Court that same day. Nothing in that decision, the court said, overruled controlling 7th Circuit precedent regarding the sufficiency of the government's accommodation. 2014 WL 3034010.

That same day, the U.S. Court of Appeals for the 7th Circuit (Judge Richard Posner) also denied Wheaton's emergency motion for an injunction pending appeal, stating that Hobby Lobby emphasized that the accommodation provision "constitutes an alternative that achieves all of the Government's aims while providing greater respect for religious liberty." 791 F.3d 792.

However, the Supreme Court granted a temporary injunction on June 30, 2014, over the dissents of Justices Breyer and Sotomayor. 573 U.S. 943. On July 3, 2014, the Supreme Court ordered that the injunction remain, pending appeal, so long as Wheaton informed the Secretary of HHS of its religious objections in writing. In other words, the college did not have to follow the accommodation's procedures. Justices Sotomayor, Ginsburg, and Kagan dissented. 573 U.S. 958.

On July 1, 2015, the Seventh Circuit affirmed the District Court’s denial of Wheaton’s request for a preliminary injunction. On December 2, 2015, the District Court issued a minute entry granting the parties’ joint motion to stay the case until the ruling in Little Sisters of the Poor v. Burwell, consolidated as Zubik v. Burwell, so that the parties could evaluate the case following that ruling. On May 16, 2016, the Supreme 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 "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. The Court took no position on the merits of this case.

This case them resumed activity as the parties entered into settlement discussions, which continued through 2017. On January 18, 2018, following the election of Donald Trump and a drastic shift in administration, Wheaton moved for permanent injunction, stating that because the government had "now admitted that this mandate violates the Religious Freedom Restoration Act (“RFRA”),"and that the court should issue an injunction and end the litigation. The court granted the motion and issued a permanent injunction on February 22, 2018.

On September 7, 2018, Wheaton filed a motion for attorney's fees in which they requested $1,178,135.30. On December 20, 2018, Wheaton withdrew its motion without explanation. There has been no substantive docket activity since and the case is presumed closed.

Summary Authors

Andrew Junker (10/16/2014)

Kate Craddock (2/7/2016)

Virginia Weeks (3/17/2018)

Hope Brinn (5/11/2020)

Related Cases

Wheaton College v. Sebelius, District of Columbia (2012)

Ave Maria University v. Sebelius, Middle District of Florida (2013)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/5616028/parties/wheaton-college-v-burwell/


Judge(s)

Breyer, Stephen Gerald (District of Columbia)

Dow, Robert Michael Jr. (Illinois)

Ginsburg, Ruth Bader (District of Columbia)

Hamilton, David Frank (Indiana)

Kagan, Elena (District of Columbia)

Posner, Richard Allen (Illinois)

Scalia, Antonin (District of Columbia)

Sotomayor, Sonia (District of Columbia)

Williams, Ann Claire (Illinois)

Attorneys(s) for Plaintiff

Keim, Adele A. (District of Columbia)

Judge(s)

Breyer, Stephen Gerald (District of Columbia)

Dow, Robert Michael Jr. (Illinois)

Ginsburg, Ruth Bader (District of Columbia)

Hamilton, David Frank (Indiana)

Kagan, Elena (District of Columbia)

Posner, Richard Allen (Illinois)

Scalia, Antonin (District of Columbia)

Sotomayor, Sonia (District of Columbia)

Williams, Ann Claire (Illinois)

Attorneys(s) for Plaintiff

Keim, Adele A. (District of Columbia)

Poland, Christian Mark (Illinois)

Rienzi, Mark (District of Columbia)

Attorneys(s) for Defendant

Newton, Emily Sue (District of Columbia)

Saltman, Julie Shana (District of Columbia)

Other Attorney(s)

Amiri, Brigitte A. (New York)

Chaiten, Lorie (Illinois)

Lee, Jennifer (New York)

Mach, Daniel (District of Columbia)

Muniz, Richard (Illinois)

Documents in the Clearinghouse

Document

Docket [PACER]

Wheaton College v. Burwell

April 3, 2019 Docket
1

Complaint

Dec. 13, 2013 Complaint
62

Order and Opinion denying motion for prelim. injunction

Wheaton College v. Burwell

June 23, 2014 Order/Opinion

Order [Sp. Ct. granting temporary injunction pending respondent's response]

Wheaton College v. Burwell

Supreme Court of the United States

134 S.Ct. 2898, 190 L.Ed.2d 32

June 30, 2014 Order/Opinion
72

Order denying plaintiff's emergency motion for reconsideration

Wheaton College v. Burwell

2014 WL 3034010

June 30, 2014 Order/Opinion
6586715

Order

Wheaton College v. Burwell

U. S. Court of Appeals for the Seventh Circuit

2014 WL 3034614

June 30, 2014 Order/Opinion

Order in Pending Case [Sp. Ct. granting injunction pending appeal]

Wheaton v. Sebelius

Supreme Court of the United States

134 S.Ct. 2806, 189 L.Ed.2d 856

July 3, 2014 Order/Opinion
86

Opinion

Wheaton College v. Burwell

U. S. Court of Appeals for the Seventh Circuit

791 F.3d 792

July 1, 2015 Order/Opinion
96

Notification of Docket Entry

Dec. 2, 2015 Notice Letter
119

Order Granting Permanent Injunction and Declaratory Relief

Wheaton College v. Burwell

Feb. 22, 2018 Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/5616028/wheaton-college-v-burwell/

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

ECF Number Description Date Link
1

COMPLAINT filed by Wheaton College; Jury Demand. Filing fee $ 400, receipt number 0752-9023683. (Attachments: # 1 Exhibit s A through J)(Poland, Christian) (Entered: 12/13/2013)

1 Exhibit s A through J

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Dec. 13, 2013 RECAP
2

CIVIL Cover Sheet (Poland, Christian) (Entered: 12/13/2013)

Dec. 13, 2013 PACER
3

ATTORNEY Appearance for Plaintiff Wheaton College by Christian Mark Poland (Poland, Christian) (Entered: 12/13/2013)

Dec. 13, 2013 PACER
4

NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Wheaton College (Poland, Christian) (Entered: 12/13/2013)

Dec. 13, 2013 PACER
5

Notice of Claims of Unconstitutionality by Wheaton College (Poland, Christian) (Entered: 12/13/2013)

Dec. 13, 2013 PACER

CASE ASSIGNED to the Honorable Robert M. Dow, Jr. Designated as Magistrate Judge the Honorable Sidney I. Schenkier. (nsf, )

Dec. 13, 2013 PACER

SUMMONS Issued as to Jacob J. Lew, Sec of US Dept of Treasury, Thomas E Perez, Kathleen Sebelius, Sec of US Dept of Health & Human Servs., United States Department of Health and Human Services, United States Department of Labor, United States Department of Treasury,, and U.S. Attorney General (pg, )

Dec. 17, 2013 PACER
6

MOTION for Leave to Appear Pro Hac Vice Filing fee $ 50, receipt number 0752-9124370. (Keim, Adele) (Entered: 01/22/2014)

Jan. 22, 2014 PACER
7

MOTION for Leave to Appear Pro Hac Vice Filing fee $ 50, receipt number 0752-9125497. (Rienzi, Mark) (Entered: 01/22/2014)

Jan. 22, 2014 PACER
8

ORDER: MOTION of Attorney Adele Auxier Keim for leave to appear pro hac vice 6 on behalf of plaintiff, Wheaton College, is granted. Signed by the Honorable Robert M. Dow, Jr on 1/22/2014. Mailed notice (ph, ) (Entered: 01/23/2014)

Jan. 22, 2014 PACER
9

SUMMONS Returned Executed by Wheaton College as to United States Department of Health and Human Services served on 12/23/2013, answer due 2/21/2014 (Keim, Adele) (Entered: 01/23/2014)

Jan. 23, 2014 PACER
10

SUMMONS Returned Executed by Wheaton College as to United States Department of Labor served on 12/23/2013, answer due 2/21/2014 (Keim, Adele) (Entered: 01/23/2014)

Jan. 23, 2014 PACER
11

SUMMONS Returned Executed by Wheaton College as to Jacob J. Lew, Sec of US Dept of Treasury served on 12/23/2013, answer due 2/21/2014 (Keim, Adele) (Entered: 01/23/2014)

Jan. 23, 2014 PACER
12

SUMMONS Returned Executed by Wheaton College as to Thomas E Perez served on 12/23/2013, answer due 2/21/2014 (Keim, Adele) (Entered: 01/23/2014)

Jan. 23, 2014 PACER
13

SUMMONS Returned Executed by Wheaton College as to Kathleen Sebelius, Sec of US Dept of Health & Human Servs. served on 12/23/2013, answer due 2/21/2014 (Keim, Adele) (Entered: 01/23/2014)

Jan. 23, 2014 PACER
14

SUMMONS Returned Executed by Wheaton College as to United States Department of Treasury served on 12/23/2013, answer due 2/21/2014 (Keim, Adele) (Entered: 01/23/2014)

Jan. 23, 2014 PACER
15

SUMMONS Returned Executed by Wheaton College as to All Defendants (Keim, Adele) (Entered: 01/23/2014)

Jan. 23, 2014 PACER
16

SUMMONS Returned Executed by Wheaton College as to All Defendants (Keim, Adele) (Entered: 01/23/2014)

Jan. 23, 2014 PACER
17

ORDER: MOTION of attorney Mark Rienzi for Leave to Appear Pro Hac Vice 7 on behalf of Plaintiff Wheaton College is granted. Signed by the Honorable Robert M. Dow, Jr on 1/24/2014. Mailed notice (ao,) (Entered: 01/27/2014)

Jan. 24, 2014 PACER
18

ATTORNEY Appearance for Defendants Jacob J. Lew, Sec of US Dept of Treasury, Thomas E Perez, Kathleen Sebelius, Sec of US Dept of Health & Human Servs., United States Department of Health and Human Services, United States Department of Labor, United States Department of Treasury by Julie Shana Saltman (Saltman, Julie) (Entered: 02/19/2014)

Feb. 19, 2014 PACER
19

MOTION by Defendants Jacob J. Lew, Sec of US Dept of Treasury, Thomas E Perez, Kathleen Sebelius, Sec of US Dept of Health & Human Servs., United States Department of Health and Human Services, United States Department of Labor, United States Department of Treasury for extension of time to file answer regarding complaint 1 (Unopposed) (Attachments: # 1 Text of Proposed Order)(Saltman, Julie) (Entered: 02/19/2014)

1 Text of Proposed Order

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Feb. 19, 2014 PACER
20

NOTICE of Motion by Julie Shana Saltman for presentment of motion for extension of time to file answer, motion for relief,, 19 before Honorable Robert M. Dow Jr. on 2/25/2014 at 09:15 AM. (Saltman, Julie) (Entered: 02/19/2014)

Feb. 19, 2014 PACER
21

MINUTE entry before the Honorable Robert M. Dow, Jr: Initial Status hearing set for 4/8/2014 at 09:00 AM. and parties are to report the following: (1) Possibility of settlement in the case; (2) If no possibility of settlement exists, the nature and length of discovery necessary to get the case ready for trial. Plaintiff is to advise all other parties of the courts action herein. Lead counsel is directed to appear at this status hearing. Parties to prepare and submit a joint status report at least two days prior to set status. (See Judges web page for status report). Mailed notice (tbk, ) (Entered: 02/24/2014)

Feb. 24, 2014 PACER
22

MINUTE entry before the Honorable Robert M. Dow, Jr: Unopposed MOTION by Defendants Jacob J. Lew, Sec of US Dept of Treasury, Thomas E Perez, Kathleen Sebelius, Sec of US Dept of Health & Human Servs., United States Department of Health and Human Services, United States Department of Labor, United States Department of Treasury for extension of time 19 to file respond to the complaint is granted to and including 4/1/2014. Notice of Motion date of 2/25/2014 is stricken and no appearances are necessary on that date. Mailed notice (tbk, ) (Entered: 02/24/2014)

Feb. 24, 2014 RECAP
23

NOTICE by All Defendants of Filing of Administrative Record (Saltman, Julie) (Entered: 04/01/2014)

April 1, 2014 PACER
24

MOTION by Defendants Jacob J. Lew, Sec of US Dept of Treasury, Thomas E Perez, Kathleen Sebelius, Sec of US Dept of Health & Human Servs., United States Department of Health and Human Services, United States Department of Labor, United States Department of Treasury for leave to file excess pages Unopposed (Saltman, Julie) (Entered: 04/01/2014)

April 1, 2014 PACER
25

MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM, MOTION by Defendants Jacob J. Lew, Sec of US Dept of Treasury, Thomas E Perez, United States Department of Health and Human Services, United States Department of Treasury, Kathleen Sebelius, Sec of US Dept of Health & Human Servs., United States Department of Labor to dismiss for lack of jurisdiction Count XIV, MOTION by Defendants Jacob J. Lew, Sec of US Dept of Treasury, Thomas E Perez, United States Department of Health and Human Services, United States Department of Treasury, Kathleen Sebelius, Sec of US Dept of Health & Human Servs., United States Department of Labor for summary judgment in the alternative (Saltman, Julie) (Entered: 04/01/2014)

April 1, 2014 RECAP
26

MEMORANDUM by Jacob J. Lew, Sec of US Dept of Treasury, Thomas E Perez, Kathleen Sebelius, Sec of US Dept of Health & Human Servs., United States Department of Health and Human Services, United States Department of Labor, United States Department of Treasury in support of Motion to Dismiss for Failure to State a Claim,,, motion to dismiss/lack of jurisdiction,,, motion for summary judgment,, 25 (Attachments: # 1 Attachment 1, # 2 Attachment 2)(Saltman, Julie) (Entered: 04/01/2014)

1 Attachment 1

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2 Attachment 2

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April 1, 2014 PACER
27

NOTICE of Motion by Julie Shana Saltman for presentment of Motion to Dismiss for Failure to State a Claim,,, motion to dismiss/lack of jurisdiction,,, motion for summary judgment,, 25, motion for leave to file excess pages, 24 before Honorable Robert M. Dow Jr. on 4/8/2014 at 09:15 AM. (Saltman, Julie) (Entered: 04/01/2014)

April 1, 2014 PACER
28

ATTORNEY Appearance for Amicus Parties American Civil Liberties Union, American Civil Liberties Union of Illinios by Lorie Chaiten (Chaiten, Lorie) (Entered: 04/02/2014)

April 2, 2014 PACER
29

ATTORNEY Appearance for Amicus Parties American Civil Liberties Union, American Civil Liberties Union of Illinios by Richard Muniz (Muniz, Richard) (Entered: 04/02/2014)

April 2, 2014 PACER
30

MOTION by Amicus Parties American Civil Liberties Union, American Civil Liberties Union of Illinios for leave to file BRIEF OF AMICI CURIAE (Attachments: # 1 Brief of amici curiae)(Chaiten, Lorie) (Entered: 04/02/2014)

1 Brief of amici curiae

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April 2, 2014 PACER
31

NOTICE of Motion by Lorie Chaiten for presentment of motion for leave to file 30 before Honorable Robert M. Dow Jr. on 4/8/2014 at 09:15 AM. (Chaiten, Lorie) (Entered: 04/02/2014)

April 2, 2014 PACER
32

MOTION for Leave to Appear Pro Hac Vice Filing fee $ 50, receipt number 0752-9352990. (Amiri, Brigitte) (Entered: 04/02/2014)

April 2, 2014 PACER
33

MOTION for Leave to Appear Pro Hac Vice Filing fee $ 50, receipt number 0752-9353033. (Lee, Jennifer) (Entered: 04/02/2014)

April 2, 2014 PACER
34

MOTION for Leave to Appear Pro Hac Vice Filing fee $ 50, receipt number 0752-9353098. (Mach, Daniel) (Entered: 04/02/2014)

April 2, 2014 PACER
35

RULE 56 56.1(a)(3) Statement by Jacob J. Lew, Sec of US Dept of Treasury, Thomas E Perez, Kathleen Sebelius, Sec of US Dept of Health & Human Servs., United States Department of Health and Human Services, United States Department of Labor, United States Department of Treasury regarding Motion to Dismiss for Failure to State a Claim,,, motion to dismiss/lack of jurisdiction,,, motion for summary judgment,, 25 (Saltman, Julie) (Entered: 04/02/2014)

April 2, 2014 PACER
36

ORDER: MOTIONS of Attorneys Brigitte Amiri, Jennifer Lee, and Daniel Mach, for leave to appear pro hac vice 32 33 34, on behalf of defendants American Civil Liberties Union and American Civil Liberties Union of Illinios, is granted. Signed by the Honorable Robert M. Dow, Jr on 4/4/2014. Mailed notice (ph, ) (Entered: 04/04/2014)

April 4, 2014 PACER
37

STATUS Report by Wheaton College (Rienzi, Mark) (Entered: 04/04/2014)

April 4, 2014 PACER
38

CERTIFIED COPY OF ADMINISTRATIVE RECORD by Defendants Jacob J. Lew, Sec of US Dept of Treasury, Thomas E Perez, Kathleen Sebelius, Sec of US Dept of Health & Human Servs., United States Department of Health and Human Services, United States Department of Labor, United States Department of Treasury (Attachments: # 1 Supplement, # 2 Supplement, # 3 Supplement, # 4 Supplement, # 5 Supplement, # 6 Supplement, # 7 Supplement, # 8 Supplement, # 9 Supplement, # 10 Supplement)(Saltman, Julie) (Entered: 04/04/2014)

April 4, 2014 PACER
39

MEMORANDUM by American Civil Liberties Union, American Civil Liberties Union of Illinios in support of Motion to Dismiss for Failure to State a Claim,,, motion to dismiss/lack of jurisdiction,,, motion for summary judgment,, 25 AMICI CURIAE BRIEF (Chaiten, Lorie) (Entered: 04/08/2014)

April 8, 2014 PACER
40

MINUTE entry before the Honorable Robert M. Dow, Jr: Status hearing held on 4/8/2014. MOTION to file a memorandum of law in support of its Motion to Dismiss and, in the alternative, Motion for Summary Judgment in excess 24 of the 15-page limit provided by Local Rule 7.1., is granted. MOTION of American Civil Liberties Union and American Civil Liberties Union of Illinois, for leave to file 30 a brief amicus curiae, is granted.Plaintiff is given until 4/22/2014 in which to respond to Defendants motion to dismiss or for summary judgment and to file its cross motion for summary judgment; Government's given until 5/13/2014 to file reply brief in support of it's motion and a response brief in opposition to Plaintiff's cross-motion for summary judgment; Plaintiff is given until 5/19/2014 to file reply brief. Mailed notice (tbk, ) (Entered: 04/08/2014)

April 8, 2014 PACER
41

MOTION by Plaintiff Wheaton College for summary judgment and Opp. to Def's Mot. to Dismiss (Attachments: # 1 Declaration Ex. A Ryken Decl., # 2 Exhibit Ex. A-1, # 3 Exhibit Ex. A-2, # 4 Exhibit Ex. A-3, # 5 Declaration Ex. B Keim MSJ Decl., # 6 Exhibit Ex. B-1, # 7 Exhibit Ex. B-2, # 8 Exhibit Ex. B-3, # 9 Exhibit Ex. B-4, # 10 Exhibit Ex. B-5, # 11 Exhibit Ex. B-6, # 12 Exhibit Ex. B-7, # 13 Exhibit Ex. B-8, # 14 Exhibit Ex. B-9, # 15 Exhibit Ex. B-10, # 16 Exhibit Ex. B-11, # 17 Exhibit Ex. B-12, # 18 Exhibit Ex. B-13)(Rienzi, Mark) (Entered: 04/22/2014)

1 Declaration Ex. A Ryken Decl.

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2 Exhibit Ex. A-1

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3 Exhibit Ex. A-2

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4 Exhibit Ex. A-3

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5 Declaration Ex. B Keim MSJ Decl.

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6 Exhibit Ex. B-1

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7 Exhibit Ex. B-2

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8 Exhibit Ex. B-3

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9 Exhibit Ex. B-4

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10 Exhibit Ex. B-5

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11 Exhibit Ex. B-6

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12 Exhibit Ex. B-7

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13 Exhibit Ex. B-8

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14 Exhibit Ex. B-9

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15 Exhibit Ex. B-10

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16 Exhibit Ex. B-11

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17 Exhibit Ex. B-12

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18 Exhibit Ex. B-13

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April 22, 2014 RECAP
42

RULE 56 c Statement by Wheaton College regarding motion for summary judgment,, 41 and Response to Def's Rule 56 Statement (Rienzi, Mark) (Entered: 04/22/2014)

April 22, 2014 PACER
43

MOTION by Plaintiff Wheaton CollegeFRCP 56(d) Relief (Attachments: # 1 Declaration Ex. C Keim 56d, # 2 Exhibit C-1)(Rienzi, Mark) (Entered: 04/22/2014)

1 Declaration Ex. C Keim 56d

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2 Exhibit C-1

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April 22, 2014 PACER
44

MOTION by Plaintiff Wheaton College for summary judgment and Opp. to Def's Mot. to Dismiss (Rienzi, Mark) (Entered: 04/23/2014)

April 23, 2014 PACER
45

MOTION by Defendants Jacob J. Lew, Sec of US Dept of Treasury, Thomas E Perez, Kathleen Sebelius, Sec of US Dept of Health & Human Servs., United States Department of Health and Human Services, United States Department of Labor, United States Department of Treasury for extension of time to file response/reply as to Rule 56 statement 42, motion for miscellaneous relief 43, motion for summary judgment,, 41 Unopposed (Attachments: # 1 Text of Proposed Order)(Saltman, Julie) (Entered: 05/13/2014)

1 Text of Proposed Order

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May 13, 2014 PACER
46

NOTICE by All Defendants re MOTION by Defendants Jacob J. Lew, Sec of US Dept of Treasury, Thomas E Perez, Kathleen Sebelius, Sec of US Dept of Health & Human Servs., United States Department of Health and Human Services, United States Department of Labor, United States Department 45 (Saltman, Julie) (Entered: 05/13/2014)

May 13, 2014 PACER
47

RESPONSE by Defendants Jacob J. Lew, Sec of US Dept of Treasury, Thomas E Perez, Kathleen Sebelius, Sec of US Dept of Health & Human Servs., United States Department of Health and Human Services, United States Department of Labor, United States Department of Treasury to Rule 56 statement 42 (Saltman, Julie) (Entered: 05/15/2014)

May 15, 2014 PACER
48

RESPONSE by Jacob J. Lew, Sec of US Dept of Treasury, Thomas E Perez, Kathleen Sebelius, Sec of US Dept of Health & Human Servs., United States Department of Health and Human Services, United States Department of Labor, United States Department of Treasuryin Opposition to MOTION by Plaintiff Wheaton CollegeFRCP 56(d) Relief 43 (Saltman, Julie) (Entered: 05/15/2014)

May 15, 2014 RECAP
49

MEMORANDUM by Jacob J. Lew, Sec of US Dept of Treasury, Thomas E Perez, Kathleen Sebelius, Sec of US Dept of Health & Human Servs., United States Department of Health and Human Services, United States Department of Labor, United States Department of Treasury in Opposition to motion for summary judgment 44, motion for summary judgment,, 41 and Reply in Support of Defendants' Motion to Dismiss and, in the alternative, for Summary Judgment (Attachments: # 1 Exhibit A)(Saltman, Julie) (Entered: 05/15/2014)

1 Exhibit A

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May 15, 2014 PACER
50

NOTICE of Motion by Julie Shana Saltman for presentment of motion for extension of time to file response/reply,, motion for relief,,,,, 45 before Honorable Robert M. Dow Jr. on 5/21/2014 at 09:15 AM. (Saltman, Julie) (Entered: 05/16/2014)

May 16, 2014 PACER
51

MINUTE entry before the Honorable Robert M. Dow, Jr: MOTION by Defendants Jacob J. Lew, Sec of US Dept of Treasury, Thomas E Perez, Kathleen Sebelius, Sec of US Dept of Health & Human Servs., United States Department of Health and Human Services, United States Department of Labor, United States Department 45 two-day extension, to and including May 15, 2014, of the deadline to file their response to the plaintiffs cross-motion for summary judgment and motion for relief under Rule 56(d), Granted. Notice of Motion date of 5/21/2014 is stricken and no appearances are necessary on that date. Mailed notice (tbk, ) (Entered: 05/19/2014)

May 19, 2014 PACER
52

REPLY by Plaintiff Wheaton College in support of motion for summary judgment (Rienzi, Mark) (Entered: 05/19/2014)

May 19, 2014 PACER
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REPLY by Plaintiff Wheaton College in support of Rule 56(d) motion (Rienzi, Mark) (Entered: 05/19/2014)

May 19, 2014 PACER
54

MINUTE entry before the Honorable Robert M. Dow, Jr: Status hearing set for 6/13/2014 at 11:00 AM. Mailed notice (tbk, ) (Entered: 06/05/2014)

June 5, 2014 PACER
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MINUTE entry before the Honorable Robert M. Dow, Jr: Telephone Status hearing set for 6/9/2014 at 01:30 AM. Status hearing date of 6/13/2014 is stricken. Mailed notice (tbk, ) (Entered: 06/05/2014)

June 5, 2014 PACER
56

Notice of Supplemental Authority by Wheaton College (Attachments: # 1 Exhibit D, # 2 Exhibit E)(Rienzi, Mark) (Entered: 06/06/2014)

1 Exhibit D

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2 Exhibit E

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June 6, 2014 PACER
57

ORDER; Status hearing held with counsel for Plaintiff and Defendants appearing by telephone. Plaintiff's oral motion for preliminary injunction is taken under advisement. As discussed on the record, Plaintiff is to submit supplemental brief in support of motion for preliminary injunction by 6/10/2014; Defendants are to submit supplemental brief in opposition to motion for preliminary injunction by 6/13/2014. The Court will set the matter for hearing or issue a ruling by mail on the motion for preliminary injunction and will issue a ruling in advance of the July 1 compliance deadline. The Court will set this case for further status hearing shortly after the Supreme Court issues its decision in the Hobby Lobby and Conestoga Wood cases. Finally, given the swearing-in today of Sylvia Mathews Burwell as Secretary of the United States Department of Health and Human Services, Secretary Burwell is substituted as a party in place of her predecessor, former Secretary Kathleen Sebelius, and the caption in this case going forward will so reflect that substitution of party pursuant to Federal Rule of Civil Procedure 25(d). Signed by the Honorable Robert M. Dow, Jr on 6/9/2014. Mailed notice. (ea, ) (Entered: 06/10/2014)

June 9, 2014 PACER
58

MOTION by Plaintiff Wheaton College for preliminary injunction and brief in support (Attachments: # 1 Exhibit A)(Rienzi, Mark) (Entered: 06/10/2014)

1 Exhibit A

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June 10, 2014 PACER
59

RESPONSE by Sylvia Mathews Burwell, Jacob J. Lew, Sec of US Dept of Treasury, Thomas E Perez, United States Department of Health and Human Services, United States Department of Labor, United States Department of Treasuryin Opposition to MOTION by Plaintiff Wheaton College for preliminary injunction and brief in support 58 (Saltman, Julie) (Entered: 06/13/2014)

June 13, 2014 PACER
60

REPLY by Plaintiff Wheaton College to motion for preliminary injunction 58, response in opposition to motion, 59 (Rienzi, Mark) (Entered: 06/16/2014)

June 16, 2014 PACER
61

Notice of Supplemental Authority by Sylvia Mathews Burwell, Jacob J. Lew, Sec of US Dept of Treasury, Thomas E Perez, United States Department of Health and Human Services, United States Department of Labor, United States Department of Treasury (Attachments: # 1 Exhibit)(Saltman, Julie) (Entered: 06/17/2014)

1 Exhibit

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June 17, 2014 PACER
62

MEMORANDUM OPINION AND ORDER: For the reasons stated below, the Court respectfully denies Plaintiff's motions for preliminary injunction 57, 58 . To the extent that Hobby Lobby and Conestoga call into question any material aspect of the Seventh Circuits controlling decision in University of NotreDame v. Sebelius, 743 F.3d 547 (7th Cir. 2014), any party may file a motion for reconsideration of this order. This order is also subject to reconsideration on the Courts own motion. This matter is set for a telephonic status conference on 6/30/2014 at 10:00a.m. Signed by the Honorable Robert M. Dow, Jr on 6/23/2014. Mailed notice(tbk, ) (Entered: 06/23/2014)

June 23, 2014 RECAP
63

MINUTE entry before the Honorable Robert M. Dow, Jr: Telephone status hearing held. Plaintiff indicates that it wishes to file a motion for reconsideration and will file its motion and brief in support on 6/24/2014; Defendants are given until 12:00 noon on 6/27/2014 to file response. The case remains set for telephone status on 6/30/2014 at 10:00 a.m. Counsel will call chambers. Mailed notice (tbk, ) (Entered: 06/24/2014)

June 24, 2014 PACER
64

MOTION by Plaintiff Wheaton College for reconsideration of preliminary injunction request (Attachments: # 1 Exhibit Ex. A--Little Sisters Notice)(Rienzi, Mark) (Entered: 06/24/2014)

1 Exhibit Ex. A--Little Sisters Notice

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June 24, 2014 PACER
65

NOTICE of appeal by Wheaton College regarding orders 62 Filing fee $ 505, receipt number 0752-9615154. (Rienzi, Mark) (Entered: 06/26/2014)

June 26, 2014 PACER
66

NOTICE of Appeal Due letter sent to counsel of record regarding notice of appeal 65 . (smm) (Entered: 06/26/2014)

June 26, 2014 PACER
67

TRANSMITTED to the 7th Circuit the short record on notice of appeal 65 . Notified counsel (smm) (Entered: 06/26/2014)

June 26, 2014 PACER
68

MEMORANDUM by Sylvia Mathews Burwell, Jacob J. Lew, Sec of US Dept of Treasury, Thomas E Perez, United States Department of Health and Human Services, United States Department of Labor, United States Department of Treasury in Opposition to motion for reconsideration 64 (Saltman, Julie) (Entered: 06/27/2014)

June 27, 2014 RECAP
69

NOTICE by Wheaton College of supplemental authority (Attachments: # 1 Exhibit CA 3 Order)(Rienzi, Mark) (Entered: 06/27/2014)

1 Exhibit CA 3 Order

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June 27, 2014 PACER
70

ACKNOWLEDGMENT of receipt of short record on appeal regarding notice of appeal 65 ; USCA Case No. 14-2396. (ea, ) (Entered: 06/27/2014)

June 27, 2014 PACER
71

REPLY by Plaintiff Wheaton College to memorandum in opposition to motion, 68, motion for reconsideration 64 (Rienzi, Mark) (Entered: 06/28/2014)

June 28, 2014 PACER
72

ORDER: For the reasons stated below, Plaintiff's emergency motion for reconsideration or, in the alternative, for injunction pending appeal 64 is respectfully denied. Signed by the Honorable Robert M. Dow, Jr on 6/30/2014. Mailed notice(tbk, ) (Entered: 06/30/2014)

June 30, 2014 PACER
73

ORDER dated 6/30/14 from the Seventh Circuit regarding notice of appeal 65 ; Appellate case no. : 14-2396. The following is before the court: WHEATON COLLEGE'S EMERGENCY MOTION FOR INJUNCTION PENDING APPEAL - RELIEF REQUESTED BY JUNE 30, 2014, filed on June 26, 2014, by counsel for Appellant Wheaton College. On the basis of this court's decision in Notre Dame v. Sebelius, 743 F.3d 547 (7th Cir. 2014), we believe that the appellant has not shown that it is likely to prevail on the merits. And the decision today by the United States Supreme Court in Burwell v. Hobby Lobby Stores, Inc., ---U.S.---, slip op. (June 30, 2014), emphasizes that the accommodation provision (applicable in this case) "constitutes an alternative that achieves all of the Government's aims while providing greater respect for religious liberty." Id. at 3. IT IS ORDERED that the emergency motion for injunction pending appeal is therefore DENIED. (ea, ) (Entered: 07/01/2014)

June 30, 2014 PACER
74

MINUTE entry before the Honorable Robert M. Dow, Jr: Status hearing set for 7/15/2014 at 09:00 AM. Mailed notice (tbk, ) (Entered: 07/11/2014)

July 11, 2014 PACER
75

MINUTE entry before the Honorable Robert M. Dow, Jr: The time of the Status hearing set for 7/15/2014 is reset to 10a.m. Mailed notice (tbk, ) (Entered: 07/14/2014)

July 14, 2014 PACER
76

MINUTE entry before the Honorable Robert M. Dow, Jr: Phone Status hearing held on 7/15/2014. Further Phone Status hearing set for 8/18/2014 at 10:30 AM. Mailed notice (tbk, ) (Entered: 07/15/2014)

July 15, 2014 PACER
77

TRANSMITTED to the USCA for the 7th Circuit the long record on appeal 65 (USCA no. 14-2396). (smm) (Entered: 07/15/2014)

July 15, 2014 PACER
78

USCA RECEIVED on 7/15/14 the long record regarding notice of appeal 65 . (smm) (Entered: 07/15/2014)

July 15, 2014 PACER
79

SEVENTH CIRCUIT transcript information sheet by Wheaton College (Keim, Adele) (Entered: 07/15/2014)

July 15, 2014 PACER
80

MINUTE entry before the Honorable Robert M. Dow, Jr: Phone Status hearing held on 8/18/2014. Further phone Status hearing set for 9/8/2014 at 09:30 AM. Mailed notice(tbk, ) (Entered: 08/18/2014)

Aug. 18, 2014 PACER
81

MINUTE entry before the Honorable Robert M. Dow, Jr: Phone Status hearing held on 9/8/2014. Further phone Status hearing set for 10/23/2014 at 09:45 AM. Mailed notice (tbk, ) (Entered: 09/08/2014)

Sept. 8, 2014 PACER
82

MINUTE entry before the Honorable Robert M. Dow, Jr: Phone Status hearing held on 10/23/2014. Further phone Status hearing set for 11/25/2014 at 11:00 AM. Mailed notice (tbk, ) (Entered: 10/23/2014)

Oct. 23, 2014 PACER
83

MINUTE entry before the Honorable Robert M. Dow, Jr: Phone status hearing date of 11/25/2014 is stricken and phone status reset to 1/7/2015 at 10:30a.m. Parties to call chambers (312-435-5665) on a conference call. Mailed notice (tbk, ) (Entered: 11/24/2014)

Nov. 24, 2014 PACER
84

MINUTE entry before the Honorable Robert M. Dow, Jr: Phone conference held and continued to 2/17/2015 at 10:00 a.m. Parties to call chambers (312-435-5665) on a conference call. Mailed notice (cdh, ) (Entered: 01/08/2015)

Jan. 8, 2015 PACER
85

MINUTE entry before the Honorable Robert M. Dow, Jr: Phone conference held and continued to 3/23/2015 at 10:00 a.m. Parties to call chambers (312-435-5665) on a conference call. Pending motions [25, 41, 43, 44] are stricken without prejudice to being refiled at a later date. Parties are requested to file a joint status report when the Supreme Court issues an order on the Notre Dame case. Mailed notice (cdh, ) (Entered: 02/17/2015)

Feb. 17, 2015 PACER
86

STATUS Report, Filed Jointly by Defendants and by Wheaton College (Attachments: # 1 Exhibit)(Rienzi, Mark) (Entered: 03/11/2015)

1 Exhibit

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March 11, 2015 PACER
87

ORDER: Telephone status hearing held. This Court will await the rulings from the Seventh Circuit Court of Appeals on the two pending appeals. In the event of a ruling on either motion, the parties shall notify the Court in writing. Signed by the Honorable Robert M. Dow, Jr on 3/23/2015. Mailed notice. (as, ) Modified on 4/2/2015 (cdh, ). (Entered: 04/01/2015)

March 23, 2015 PACER
88

NOTICE to Transmit Record on Appeal regarding notice of appeal 65 ; USCA Case No. 14-2396. (as, ) (Entered: 05/13/2015)

May 12, 2015 PACER
89

ORDER dated 05/12/2015 from the 7th Circuit regarding notice of appeal 65 ; Appellate case no. : 14-2396. IT IS ORDERED that the motion is GRANTED. The case will be orally argued on June 10, 2015 at 9:00 a.m. (as, ) (Entered: 05/13/2015)

May 12, 2015 PACER
90

CERTIFIED copy of order dated 5/21/2015 from the USCA 7th Circuit regarding notice of appeal 65 ; Appellate case no. : 14-2396. IT IS ORDERED that the motions for leave to file amici curiae briefs are GRANTED. The clerk of the court shall file INSTANTER the briefs tendered by the National Health Law Program, et al., and The National Women's Law Center and 11 Other National, Regional, and State Organizations. The brief tendered by Americans United for Separation of Church and State, et al., is missing the required disclosure statement within the brief. An amici curiae brief with the disclosure statement shall be filed by May 21, 2015. (kp, ) (Entered: 05/22/2015)

May 21, 2015 PACER
91

LETTER from the Seventh Circuit returning the record on appeal in USCA no. 14-2396 no record to be returned. (sr, ) (Entered: 08/25/2015)

Aug. 24, 2015 PACER
92

MANDATE of USCA dated 07/01/2015 regarding notice of appeal 65 ; USCA No. 14-2396. The judgment of the District Court is AFFIRMED, with costs, in accordance with the decision of this court entered on this date. (sr, ) (Entered: 08/25/2015)

Aug. 24, 2015 PACER
93

OPINION from the USCA for the Seventh Circuit; Argued 06/10/2015; Decided 07/01/2015 in USCA case no. 14-2396 (sr, ) (Entered: 08/25/2015)

Aug. 24, 2015 RECAP
94

MOTION by Plaintiff Wheaton College to stay JOINT STATUS REPORT AND JOINT MOTION TO STAY CASE (Poland, Christian) (Entered: 11/25/2015)

Nov. 25, 2015 PACER
95

NOTICE OF JOINT MOTION -- NOTICE of Motion by Christian Mark Poland for presentment of motion to stay 94 before Honorable Robert M. Dow Jr. on 12/3/2015 at 09:15 AM. (Poland, Christian) (Entered: 11/25/2015)

Nov. 25, 2015 PACER
96

MINUTE entry before the Honorable Robert M. Dow, Jr: The joint motion to stay the case 94 is granted. Parties anticipate a ruling from the Supreme Court in the Little Sisters cases in or before June 2016. A status hearing set for 7/27/2016 at 9:00 a.m. to determine how this case should proceed thereafter. No appearances are necessary on 12/3/2015. Mailed notice (cdh, ) (Entered: 12/02/2015)

Dec. 2, 2015 PACER
97

MINUTE entry before the Honorable Robert M. Dow, Jr: By agreement of the parties, status hearing set for 7/27/2016 at 9:00 a.m. is converted to a telephonic status hearing and reset to 7/27/2016 at 9:45 a.m Mailed notice (cdh, ) (Entered: 07/25/2016)

July 25, 2016 PACER
98

MINUTE entry before the Honorable Robert M. Dow, Jr: Telephone status conference held and continued to 10/18/2016 at 10:30 a.m. Counsel to e-mail the courtroom deputy 3 days before the conference with a call-in phone number. Mailed notice (cdh, ) (Entered: 07/27/2016)

July 27, 2016 PACER

State / Territory: Illinois

Case Type(s):

Speech and Religious Freedom

Special Collection(s):

Contraception Insurance Mandate

Key Dates

Filing Date: Dec. 13, 2013

Closing Date: April 3, 2019

Case Ongoing: No reason to think so

Plaintiffs

Plaintiff Description:

Christian liberal arts college in Illinois opposed to ACA contraception mandate

Plaintiff Type(s):

Non-profit religious organization

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

U.S. Department of Health and Human Services, 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.

Declaratory Judgment Act, 28 U.S.C. § 2201

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

Order Duration: 2014 - None

Content of Injunction:

Discrimination Prohibition

Preliminary relief granted

Issues

General:

Abortion

Contraception

Public benefits (includes, e.g., in-state tuition, govt. jobs)

Religious programs / policies

School/University policies

Discrimination-basis:

Religion discrimination