Case: Media Research Center v. Sebelius

1:14-cv-00379 | U.S. District Court for the Eastern District of Virginia

Filed Date: April 11, 2014

Closed Date: 2014

Clearinghouse coding complete

Case Summary

On April 11, 2011, Media Research Center filed a lawsuit in the U.S. District Court for the Eastern District of Virginia under 42 U.S.C. § 1983 against the U.S. Department of Health and Human Services (HHS). The Plaintiff, represented by private counsel, asked the court for a declaration that it qualified as an eligible organization under the religious organization exception to the Affordable Care Act's contraception mandate. The Plaintiff also asked for a declaration that the contraception man…

On April 11, 2011, Media Research Center filed a lawsuit in the U.S. District Court for the Eastern District of Virginia under 42 U.S.C. § 1983 against the U.S. Department of Health and Human Services (HHS). The Plaintiff, represented by private counsel, asked the court for a declaration that it qualified as an eligible organization under the religious organization exception to the Affordable Care Act's contraception mandate. The Plaintiff also asked for a declaration that the contraception mandate violates the Establishment Clause of the First Amendment, and for an injunction preventing HHS from enforcing the contraception mandate against it.

On August 1, 2014, the Court (Judge Gerald Lee) denied Plaintiff's motion for a preliminary injunction and dismissed Plaintiff's claim of entitlement to a declaration that it qualified as an eligible organization for lack of standing. Specifically, the Court held that Plaintiff was not likely to succeed in proving that the contraception mandate violated the Establishment Clause, and that Plaintiff did not allege facts sufficient to prove that it was imminently likely that the government was going to enforce penalties for violation of the contraception mandate against Plaintiff.

On October 14, 2014, the Court (Judge Gerald Lee) accepted Plaintiff's stipulation of dismissal of the remainder of the suit without prejudice.

Summary Authors

Edward Mroczkowski (2/2/2015)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/13077291/parties/media-research-center-v-sebelius/


Judge(s)

Lee, Gerald Bruce (Virginia)

Attorneys(s) for Plaintiff

Haynes, C. Matthew (Virginia)

Holm, William Michael (Virginia)

Mills, Laurin Howard (Virginia)

Rainsbury, Joseph M. (Virginia)

Sorrell, Paris Ratliff (Virginia)

Warrington, David Alan (Virginia)

Attorneys(s) for Defendant

Konkoly, Antonia (Virginia)

Moskowitz, David (Virginia)

Judge(s)

Lee, Gerald Bruce (Virginia)

Attorneys(s) for Plaintiff

Haynes, C. Matthew (Virginia)

Holm, William Michael (Virginia)

Mills, Laurin Howard (Virginia)

Rainsbury, Joseph M. (Virginia)

Sorrell, Paris Ratliff (Virginia)

Warrington, David Alan (Virginia)

Attorneys(s) for Defendant

Konkoly, Antonia (Virginia)

Moskowitz, David (Virginia)

Documents in the Clearinghouse

Document

1:14-cv-00379

Docket [PACER]

Oct. 14, 2014

Oct. 14, 2014

Docket
1

1:14-cv-00379

Complaint

April 11, 2014

April 11, 2014

Complaint
47

1:14-cv-00379

Amended Memorandum Opinion and Order [Denying Preliminary Injunction]

Aug. 1, 2014

Aug. 1, 2014

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/13077291/media-research-center-v-sebelius/

Last updated July 29, 2022, 3:01 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against All Defendants ( Filing fee $ 400, receipt number 14683043012.), filed by Media Research Center. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Civil Cover Sheet, # 13 Receipt)(gwalk, ) (Entered: 04/15/2014)

April 11, 2014

April 11, 2014

Clearinghouse
2

Financial Interest Disclosure Statement as to Media Research Center filed (gwalk, ) (Entered: 04/15/2014)

April 11, 2014

April 11, 2014

PACER
3

Summons Issued as to All Defendants, U.S. Attorney and U.S. Attorney General (gwalk, ) (Entered: 04/17/2014)

April 16, 2014

April 16, 2014

PACER
4

NOTICE by Media Research Center re 1 Complaint, (Attachments: # 1 Exhibit Exhibit 2 to Complaint, # 2 Exhibit Exhibit 10 to Complaint)(Sorrell, Paris) (Entered: 04/23/2014)

April 23, 2014

April 23, 2014

PACER
5

MOTION for Preliminary Injunction Plaintiff's Motion for a Preliminary Injunction by Media Research Center. (Warrington, David) (Entered: 04/30/2014)

April 30, 2014

April 30, 2014

PACER
6

Memorandum in Support re 5 MOTION for Preliminary Injunction Plaintiff's Motion for a Preliminary Injunction filed by Media Research Center. (Attachments: # 1 Exhibit Exhibit 1, # 2 Exhibit Exhibit 2, # 3 Exhibit Exhibit 4)(Warrington, David) (Entered: 04/30/2014)

April 30, 2014

April 30, 2014

PACER
7

NOTICE by Media Research Center re 6 Memorandum in Support, Notice of Submission of Exhibit 3, Part 1 (Attachments: # 1 Exhibit Table of Contents, # 2 Doc Nos. 1-100, # 3 Doc Nos. 101-150, # 4 Doc Nos. 151-200, # 5 Doc Nos. 201-250)(Warrington, David) (Entered: 04/30/2014)

April 30, 2014

April 30, 2014

PACER
8

NOTICE by Media Research Center re 6 Memorandum in Support, Notice of Submission of Exhibit 3, Part 2 (Attachments: # 1 Doc Nos. 251-300, # 2 Doc Nos 301-350, # 3 Doc Nos 351-400, # 4 Doc Nos 401-425)(Warrington, David) (Entered: 04/30/2014)

April 30, 2014

April 30, 2014

PACER
9

NOTICE by Media Research Center re 6 Memorandum in Support, Notice of Submission of Exhibit 3, Part 3 (Attachments: # 1 Doc Nos. 426-450, # 2 Doc Nos. 451-475, # 3 Doc Nos. 476-525, # 4 Doc Nos. 526-553)(Warrington, David) (Entered: 04/30/2014)

April 30, 2014

April 30, 2014

PACER
10

Notice of Hearing Date re 5 MOTION for Preliminary Injunction Plaintiff's Motion for a Preliminary Injunction (Warrington, David) (Entered: 04/30/2014)

April 30, 2014

April 30, 2014

PACER
11

Notice of Hearing Date Amended Notice of Hearing re 5 MOTION for Preliminary Injunction Plaintiff's Motion for a Preliminary Injunction (Warrington, David) (Entered: 04/30/2014)

April 30, 2014

April 30, 2014

PACER

Set Deadlines as to 5 MOTION for Preliminary Injunction Plaintiff's Motion for a Preliminary Injunction. Motion Hearing set for 5/16/2014 at 10:00 AM in Alexandria Courtroom 601 before District Judge Gerald Bruce Lee. (clar, )

May 1, 2014

May 1, 2014

PACER

Reset Deadlines as to 5 MOTION for Preliminary Injunction Plaintiff's Motion for a Preliminary Injunction. Motion Hearing set for 6/6/2014 at 10:00 AM in Alexandria Courtroom 700 before District Judge Gerald Bruce Lee. (clar, )

May 1, 2014

May 1, 2014

PACER
12

NOTICE of Appearance by Antonia Konkoly on behalf of Jacob W. Lew, Thomas E. Perez, Kathleen Sebelius, United States Department Of Labor, United States Department of Health and Human Services, United States Department of Treasury (Konkoly, Antonia) (Entered: 05/07/2014)

May 7, 2014

May 7, 2014

PACER
13

Motion to appear Pro Hac Vice by Benjamin L. Berwick and Certification of Local Counsel Antonia Konkoly by Jacob W. Lew, Thomas E. Perez, Kathleen Sebelius, United States Department Of Labor, United States Department of Health and Human Services, United States Department of Treasury. (Konkoly, Antonia) (Entered: 05/07/2014)

May 7, 2014

May 7, 2014

PACER
14

MOTION for Extension of Time to File Response/Reply to Plaintiff's Motion for a Preliminary Injunction by Jacob W. Lew, Thomas E. Perez, Kathleen Sebelius, United States Department Of Labor, United States Department of Health and Human Services, United States Department of Treasury. (Attachments: # 1 Proposed Order)(Konkoly, Antonia) (Entered: 05/07/2014)

May 7, 2014

May 7, 2014

PACER
15

ORDER granting 13 Motion for Pro hac vice. Signed by Magistrate Judge Ivan D. Davis on 5/8/14. (nhall) (Entered: 05/09/2014)

May 8, 2014

May 8, 2014

PACER
16

SCHEDULING ORDER:Initial Pretrial Conference set for 6/4/2014 at 11:00 AM in Alexandria Courtroom 400 before Magistrate Judge Ivan D. Davis. Final Pretrial Conference set for 9/18/2014 at 10:00 AM in Alexandria Courtroom 601 before District Judge Gerald Bruce Lee. Discovery due by 9/12/2014. Signed by District Judge Gerald Bruce Lee on 5/9/14. (Attachments: # 1 Mag. Consent, # 2 Pretrial Notice)(nhall) (Entered: 05/09/2014)

May 9, 2014

May 9, 2014

PACER
17

ORDER granting 14 Motion for Extension of Time to File Response/Reply. Defendants shall file their opposition to Plaintiff's Motion for Preliminary Injunction on or before May 23, 2014. (See Order For Details). Signed by District Judge Gerald Bruce Lee on 5/12/14. (nhall) (Entered: 05/13/2014)

May 12, 2014

May 12, 2014

PACER
18

NOTICE of Appearance by C. Matthew Haynes on behalf of Media Research Center (Haynes, C. Matthew) (Entered: 05/15/2014)

May 15, 2014

May 15, 2014

PACER
19

NOTICE of Appearance by William Michael Holm on behalf of Media Research Center (Holm, William) (Entered: 05/15/2014)

May 15, 2014

May 15, 2014

PACER
20

NOTICE of Appearance by Laurin Howard Mills on behalf of Media Research Center (Mills, Laurin) (Entered: 05/15/2014)

May 15, 2014

May 15, 2014

PACER
21

NOTICE of Appearance by Joseph M. Rainsbury on behalf of Media Research Center (Rainsbury, Joseph) (Entered: 05/15/2014)

May 15, 2014

May 15, 2014

PACER
22

Consent MOTION to Vacate 16 Scheduling Order, by Jacob W. Lew, Thomas E. Perez, Kathleen Sebelius, United States Department Of Labor, United States Department of Health and Human Services, United States Department of Treasury. (Attachments: # 1 Proposed Order)(Konkoly, Antonia) (Entered: 05/20/2014)

May 20, 2014

May 20, 2014

PACER
23

SUMMONS Returned Executed as to the US Atty served on 4/25/2014, answer due 6/24/2014. (nhall) (Entered: 05/21/2014)

May 20, 2014

May 20, 2014

PACER
24

SUMMONS Returned Executed by certified mail as to Kathleen Sebelius, Jacob W. Lew, United States Department of Health and Human Services, United States Department of Treasury, Thomas E. Perez, United States Department Of Labor & Eric Holder - Attorney General (Attachments: # 1 Exhibit A Part I, # 2 Exhibit A Part II)(nhall) (Entered: 05/21/2014)

May 20, 2014

May 20, 2014

PACER
25

NOTICE Of Filing Affidavit Of Service Via Certified Mail by Media Research Center.(nhall) (Entered: 05/21/2014)

May 20, 2014

May 20, 2014

PACER
26

Memorandum in Opposition re 5 MOTION for Preliminary Injunction Plaintiff's Motion for a Preliminary Injunction filed by Jacob W. Lew, Thomas E. Perez, Kathleen Sebelius, United States Department Of Labor, United States Department of Health and Human Services, United States Department of Treasury. (Konkoly, Antonia) (Entered: 05/23/2014)

May 23, 2014

May 23, 2014

PACER
27

Discovery Plan by Media Research Center.(Warrington, David) (Entered: 05/28/2014)

May 28, 2014

May 28, 2014

PACER
28

REPLY to Response to Motion re 5 MOTION for Preliminary Injunction Plaintiff's Motion for a Preliminary Injunction filed by Media Research Center. (Warrington, David) (Entered: 05/30/2014)

May 30, 2014

May 30, 2014

PACER
29

NOTICE of Appearance by David Moskowitz on behalf of Jacob W. Lew, Thomas E. Perez, Kathleen Sebelius, United States Department Of Labor, United States Department of Health and Human Services, United States Department of Treasury (Moskowitz, David) (Entered: 06/03/2014)

June 3, 2014

June 3, 2014

PACER
30

ORDER denying Defendantts' 22 Unopposed Motion to Vacate Scheduling Order 16 Scheduling Order, . /s/ by District Judge Gerald Bruce Lee on 6/3/14. (tbul, ) (Entered: 06/03/2014)

June 3, 2014

June 3, 2014

PACER
31

Minute Entry for proceedings held before Magistrate Judge Ivan D. Davis: Initial Pretrial Conference held on 6/4/2014. Appearances of counsel. Joint Discovery Plan to be filed by 6/9/2014. Order to follow thereafter. (rban, ) (Entered: 06/04/2014)

June 4, 2014

June 4, 2014

PACER
32

Minute Entry for proceedings held before District Judge Gerald Bruce Lee:Motion Hearing held on 6/6/2014 re: 5 MOTION for Preliminary Injunction Plaintiff's Motion for a Preliminary Injunction filed by Media Research Center. Appearances: David Warrington for Pltff; David Moskowitz, Ben Berwick for Deft. Heard and T.U.A. (Court Reporter R. Wilson.)(tbul, ) (Entered: 06/06/2014)

June 6, 2014

June 6, 2014

PACER
33

Discovery Plan by Media Research Center.(Warrington, David) (Entered: 06/09/2014)

June 9, 2014

June 9, 2014

PACER
34

Order Rule 16(b) Scheduling Order - Pursuant to the Rule 16(b) Conference it is ordered that the Joint Discovery Plan filed by the parties is approved and shall control discovery to the extent of its application unless further modified by the court. (see order for details). Signed by Magistrate Judge Ivan D. Davis on 6/12/14. (yguy) (Main Document 34 replaced on 6/13/2014) (rban, ). (Entered: 06/12/2014)

June 12, 2014

June 12, 2014

PACER
35

NOTICE by Media Research Center re 5 MOTION for Preliminary Injunction Plaintiff's Motion for a Preliminary Injunction Notice of Supplemental Authority (Attachments: # 1 Exhibit Exhibit 1)(Warrington, David) (Entered: 06/16/2014)

June 16, 2014

June 16, 2014

PACER
36

Consent MOTION for Extension of Time to File Answer by Jacob W. Lew, Thomas E. Perez, Kathleen Sebelius, United States Department Of Labor, United States Department of Health and Human Services, United States Department of Treasury. (Attachments: # 1 Proposed Order)(Konkoly, Antonia) (Entered: 06/17/2014)

June 17, 2014

June 17, 2014

PACER
37

Response to 35 NOTICE of Supplemental Authority filed by Jacob W. Lew, Thomas E. Perez, Kathleen Sebelius, United States Department Of Labor, United States Department of Health and Human Services, United States Department of Treasury. (Konkoly, Antonia) (Entered: 06/17/2014)

June 17, 2014

June 17, 2014

PACER
38

ORDER granting 36 Motion for Extension of Time to Answer. Defendants shall answer or otherwise respond to plaintiff's complaint no later than 14 days after the Court rules on plaintiff's pending motion for a preliminary injunction 5 . Signed by Magistrate Judge Ivan D. Davis on 06/18/2014. (jwil, ) (Entered: 06/19/2014)

June 18, 2014

June 18, 2014

PACER
39

NOTICE by Media Research Center re 5 MOTION for Preliminary Injunction Plaintiff's Motion for a Preliminary Injunction (Attachments: # 1 Exhibit Burwell v. Hobby Lobby Stores, Inc., # 2 Exhibit Wheaton College v. Burwell)(Warrington, David) (Entered: 07/03/2014)

July 3, 2014

July 3, 2014

PACER
40

MOTION for Leave to File Motion for Leave to File Supplemental Briefing by Media Research Center. (Warrington, David) (Entered: 07/03/2014)

July 3, 2014

July 3, 2014

PACER
41

Memorandum in Support re 40 MOTION for Leave to File Motion for Leave to File Supplemental Briefing filed by Media Research Center. (Attachments: # 1 Proposed Order)(Warrington, David) (Entered: 07/03/2014)

July 3, 2014

July 3, 2014

PACER
42

MEMORANDUM OPINION AND ORDER - the Court DENIES MRC's Motion for Preliminary Injunction as to Counts I and II. Additionally, the Court DISMISSES Count I WITHOUT PREJUDICE for lack ofjurisdiction. Signed by District Judge Gerald Bruce Lee on 3/7/14. (gwalk, ) (Entered: 07/03/2014)

July 3, 2014

July 3, 2014

PACER
43

ORDER granting 40 Motion for Leave to File; ORDERED that Plaintiff shall file a supplemental brief relating solely to the impact of Burwell v. Hobby Lobby Stores, Inc., No. 13-354, _ U.S. _, 2014 WL 2921709 (U.S. June 30, 2014) on the Court's resolution of Plaintiffs Motion for Preliminary Injunction (Doc. 5). Plaintiffs supplemental brief shall be filed no later than July 11, 2014 and shall not exceed 10 pages. IT IS LASTLY ORDERED that Defendant shall file any response to the brief by no later than July 18, 2014. Any response brief shall not exceed 10 pages. Signed by District Judge Gerald Bruce Lee on 07/03/2014. (jlan, ) (Entered: 07/07/2014)

July 3, 2014

July 3, 2014

PACER

Notice of Correction: The filing user has been notified to file a Notice of Hearing Date or a Notice of Waiver of Oral Argument re 40 MOTION for Leave to File Motion for Leave to File Supplemental Briefing (jlan)

July 7, 2014

July 7, 2014

PACER
44

Brief in Support to 5 MOTION for Preliminary Injunction Plaintiff's Motion for a Preliminary Injunction Supplemental Brief in Support of Motion for a Preliminary Injunction filed by Media Research Center. (Warrington, David) (Entered: 07/11/2014)

July 11, 2014

July 11, 2014

PACER
45

Memorandum in Opposition re 5 MOTION for Preliminary Injunction Plaintiff's Motion for a Preliminary Injunction filed by Jacob W. Lew, Thomas E. Perez, Kathleen Sebelius, United States Department Of Labor, United States Department of Health and Human Services, United States Department of Treasury. (Konkoly, Antonia) (Entered: 07/18/2014)

July 18, 2014

July 18, 2014

PACER
46

ORDER. Accordingly, IT IS HEREBY ORDERED that the July 3, 2014 Memorandum Opinion and Order (Doc. 42) is VACATED and an amended Memorandum Opinion and Order shall be issued. (See Order For Details). Signed by District Judge Gerald Bruce Lee on 8/1/14. (nhall) (Entered: 08/04/2014)

Aug. 1, 2014

Aug. 1, 2014

PACER
47

AMENDED MEMORANDUM OPINION AND ORDER, the Court DENIES MRC's Motion for Preliminary Injunction as to Counts I and II. Additionally, the Court DISMISSES Count I WITHOUT PREJUDICE for lack of jurisdiction. IT IS SO ORDERED. (See Order For Details). Signed by District Judge Gerald Bruce Lee on 8/1/14. (nhall ) (Entered: 08/04/2014)

Aug. 1, 2014

Aug. 1, 2014

Clearinghouse
48

Joint MOTION to Stay by Jacob W. Lew, Thomas E. Perez, Kathleen Sebelius, United States Department Of Labor, United States Department of Health and Human Services, United States Department of Treasury. (Attachments: # 1 Proposed Order)(Konkoly, Antonia) (Entered: 08/12/2014)

Aug. 12, 2014

Aug. 12, 2014

PACER
49

ORDER granting 48 Motion to Stay. (See Order For Details). Signed by District Judge Gerald Bruce Lee on 8/12/14. (nhall) (Entered: 08/12/2014)

Aug. 12, 2014

Aug. 12, 2014

PACER

Reset Scheduling Order Deadlines: Final Pretrial Conference set for 10/16/2014 at 10:00 AM in Alexandria Courtroom 601 before District Judge Gerald Bruce Lee. (Per GBL Chambers 9/11/14) (nhall )

Sept. 11, 2014

Sept. 11, 2014

PACER
50

STIPULATION of Dismissal Stipulation of Dismissal Without Prejudice by Media Research Center. (Warrington, David) (Entered: 10/02/2014)

Oct. 2, 2014

Oct. 2, 2014

PACER
51

So Ordered re 50 Stipulation of Dismissal filed by Media Research Center. Signed by District Judge Gerald Bruce Lee on 10/14/14. (gwalk, ) (Entered: 10/14/2014)

Oct. 14, 2014

Oct. 14, 2014

PACER

Case Details

State / Territory: Virginia

Case Type(s):

Speech and Religious Freedom

Special Collection(s):

Contraception Insurance Mandate

Multi-LexSum (in sample)

Key Dates

Filing Date: April 11, 2014

Closing Date: 2014

Case Ongoing: No reason to think so

Plaintiffs

Plaintiff Description:

Plaintiff is a nonprofit organization with the stated mission of exposing liberal bias in the media and popular culture.

Plaintiff Type(s):

Non-profit religious organization

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

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

Case Details

Causes of Action:

42 U.S.C. § 1983

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

Constitutional Clause(s):

Freedom of speech/association

Establishment Clause

Availably Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Source of Relief:

None

Form of Settlement:

Voluntary Dismissal

Content of Injunction:

Preliminary relief denied

Issues

General:

Abortion

Contraception

Religious programs / policies

Discrimination-basis:

Religion discrimination