Case: Catholic Benefits Association v. Sebelius

5:14-cv-00685 | U.S. District Court for the Western District of Oklahoma

Filed Date: July 1, 2014

Closed Date: 2018

Clearinghouse coding complete

Case Summary

On July 1, 2014, the Catholic Benefits Association and the Catholic Insurance Company filed this lawsuit in the U.S. District Court for the Western District of Oklahoma. The Catholic Benefits Association is an association of Catholic nonprofits and closely held for-profit employers that provide health benefits to their employees, and the Catholic Insurance Company, Inc. sells stop-loss insurance to some of these employers who self-fund their insurance plans. The plaintiffs alleged that the U.S.…

On July 1, 2014, the Catholic Benefits Association and the Catholic Insurance Company filed this lawsuit in the U.S. District Court for the Western District of Oklahoma. The Catholic Benefits Association is an association of Catholic nonprofits and closely held for-profit employers that provide health benefits to their employees, and the Catholic Insurance Company, Inc. sells stop-loss insurance to some of these employers who self-fund their insurance plans. The plaintiffs alleged that the U.S. Department of Health and Human Services (HHS) and related agencies' enforcement of the Affordable Care Act's (ACA's) contraceptive services mandate ('mandate') violated the plaintiffs' rights under the Religious Freedom Restoration Act, and violated the Administrative Procedures Act. Represented by private counsel, the plaintiffs sought declaratory and injunctive relief, claiming that notifying HHS of their religious objection to contraception started a chain of events that ended with their employees receiving contraceptive services. The plaintiffs claimed this violates their rights under the Religious Freedom Restoration Act, the Free Exercise, Establishment, and Free Speech clauses of the First Amendment, and the Administrative Procedures Act.

The same plaintiffs had filed an earlier suit, The Catholic Benefits Ass'n v. Sebelius, No. 5:14-cv-00240-R (W.D. Okla. June 4, 2014), which had resulted in an injunction for their nonprofit and closely held for-profit member employers at the time. They filed an additional motion to add employers who joined the association following that date, but it was denied. The current suit is to add those members to the injunction. The court in the preceding case also ruled that the Catholic Insurance Company did not have standing to sue in its own right.

On December 29, 2014, the court granted the Catholic Benefits Association a preliminary injunction against federal enforcement of the mandate for their current members who were nonprofit religious employers and for current members who were non-exempt closely held for-profit employers. 81 F.Supp.3d. 1269 (W.D. Oka. 2014). The court did not provide preliminary injunctive relief for future members of the association, for employers that met the ACA definition of religious employer and are exempt from mandate, or for the Catholic Insurance Company.

In early 2015, both parties cross appealed the court's decision to grant in part and deny in part the plaintiffs' motion for a preliminary injunction. On March 17, 2015, however, the Tenth Circuit granted the government's unopposed motion to hold this case and related appeals in abeyance pending resolution of Little Sisters of the Poor v. Burwell (FA-CO-0006), Southern Nazarene University v. Burwell (FA-OK-0005), and Reaching Souls International v. Burwell (FA-OK-0002).

On October 23, 2017, the Tenth Circuit dismissed both appeals pursuant to the plaintiffs' motion for voluntary dismissal. The plaintiffs then filed a motion for a permanent injunction and declaratory judgment on November 1, 2017. They argued that although there was a circuit split over whether the accommodation under the mandate substantially burdened religious exercise, the government changed its position once the issue was before the Supreme Court in 2016. Zubik v. Burwell (FA-PA-0010). In Interim Final Rules issued in October 2017, the government admitted that the accommodation did substantially burden religious exercise and was illegal under RFRA.

On March 7, 2018, the Court granted the plaintiffs' motion for a permanent injunction. The Court permanently enjoined the government from enforcing the mandate against CBA members, their health plans, their health insurance issuers, or third-party administrators in connection with their health plans, to the extent that it required CBA members to contract, arrange, pay, or refer for religiously-objectionable medical care. The Court also declared that the mandate violated RFRA. In August, 2018, the Court awarded the plaintiffs $699,725.95 in attorneys' fees and $18,881.41 in expenses not recoverable under 28 U.S.C. § 1920. The case is now closed.

Summary Authors

Kate Craddock (10/11/2015)

Eva Richardson (1/2/2018)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/4364870/parties/catholic-benefits-association-lca-v-burwell/


Judge(s)

Russell, David Lynn (Oklahoma)

Attorneys(s) for Plaintiff

Ables, J Angela (Oklahoma)

Blassingame, Johnny R Jr. (Oklahoma)

Humphreys, Bradley Philip (District of Columbia)

Kniffin, Eric N (District of Columbia)

Nussbaum, L. Martin (Colorado)

Speir, Ian Seth (Colorado)

Attorneys(s) for Defendant

Bennett, Michelle Renee (District of Columbia)

Grogg, Adam Anderson (District of Columbia)

Judge(s)

Russell, David Lynn (Oklahoma)

Attorneys(s) for Plaintiff

Ables, J Angela (Oklahoma)

Blassingame, Johnny R Jr. (Oklahoma)

Humphreys, Bradley Philip (District of Columbia)

Kniffin, Eric N (District of Columbia)

Nussbaum, L. Martin (Colorado)

Speir, Ian Seth (Colorado)

Attorneys(s) for Defendant

Bennett, Michelle Renee (District of Columbia)

Grogg, Adam Anderson (District of Columbia)

Documents in the Clearinghouse

Document

5:14-cv-00685

Docket [PACER]

Catholic Benefits Association LCA v. Burwell

Aug. 15, 2018

Aug. 15, 2018

Docket
1

5:14-cv-00685

Verified Complaint

July 1, 2014

July 1, 2014

Complaint
32

5:14-cv-00685

Amended Verified Complaint

Oct. 3, 2014

Oct. 3, 2014

Complaint
40

5:14-cv-00685

Order Granting in Part and Denying in Part Plaintiff's Motion for Preliminary Injuction

81 F.Supp.3d 1269, 2014 WL 7399195

Dec. 29, 2014

Dec. 29, 2014

Order/Opinion
98

5:14-cv-00685

Order

Catholic Benefits Association v. Azar II

Aug. 15, 2018

Aug. 15, 2018

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4364870/catholic-benefits-association-lca-v-burwell/

Last updated Aug. 2, 2022, 3:18 a.m.

ECF Number Description Date Link Date / Link
1

VERIFIED COMPLAINT against Sylvia M Burwell, Jacob J Lew, Thomas E Perez, United States Department of Health and Human Services, United States Department of Labor, United States Department of the Treasury filed by Catholic Insurance Company Inc, Catholic Benefits Association LCA. (Attachments: # 1 Exhibit A - Articles of Organization of The Catholic Benefits Association LCA, # 2 Exhibit B - Bylaws of The Catholic Benefits Association LCA, # 3 Exhibit C - Certificate of Incorporation of The Catholic Insurance Company, # 4 Exhibit D - Bylaws of The Catholic Insurance Company, # 5 Exhibit E - EBSA Form 700, # 6 Exhibit F - Hobby Lobby Stores Inc v. Kathleen Sebelius transcript of 5/23/13 hearing, # 7 Notice of Related or Companion Case, # 8 Civil Cover Sheet)(kw) (Entered: 07/01/2014)

1 Exhibit A - Articles of Organization of The Catholic Benefits Association LCA

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2 Exhibit B - Bylaws of The Catholic Benefits Association LCA

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3 Exhibit C - Certificate of Incorporation of The Catholic Insurance Company

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4 Exhibit D - Bylaws of The Catholic Insurance Company

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5 Exhibit E - EBSA Form 700

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6 Exhibit F - Hobby Lobby Stores Inc v. Kathleen Sebelius transcript of 5/23/13 he

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7 Notice of Related or Companion Case

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8 Civil Cover Sheet

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July 1, 2014

July 1, 2014

PACER
2

Summons Issued Electronically as to Sylvia M Burwell, Jacob J Lew, Thomas E Perez, United States Department of Health and Human Services, United States Department of Labor, United States Department of the Treasury, U.S. Attorney and U.S. Attorney General (kw) (Entered: 07/01/2014)

July 1, 2014

July 1, 2014

PACER

PAYMENT FOR A CIVIL CASE Filing fee $ 400, receipt number 1087-1887891. (Ables, J)

July 1, 2014

July 1, 2014

PACER
3

ENTRY of Appearance by J Angela Ables on behalf of All Plaintiffs (Ables, J) (Entered: 07/01/2014)

July 1, 2014

July 1, 2014

PACER
4

EMERGENCY MOTION for Temporary Restraining Order by All Plaintiffs. (Ables, J) (Entered: 07/01/2014)

July 1, 2014

July 1, 2014

PACER
5

BRIEF IN SUPPORT re 4 EMERGENCY MOTION for Temporary Restraining Order by All Plaintiffs. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Ables, J) (Entered: 07/01/2014)

1 Exhibit A

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2 Exhibit B

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July 1, 2014

July 1, 2014

PACER
6

DISCLOSURE STATEMENT - CORPORATE by All Plaintiffs . (Ables, J) (Entered: 07/01/2014)

July 1, 2014

July 1, 2014

PACER
7

ENTRY of Appearance by Johnny R Blassingame, Jr on behalf of All Plaintiffs (Blassingame, Johnny) (Entered: 07/01/2014)

July 1, 2014

July 1, 2014

PACER
8

MOTION for Leave to Appear Pro Hac Vice Filing fee $ 50, receipt number 1087-1888060 by All Plaintiffs. (Attachments: # 1 Exhibit 1)(Ables, J) (Entered: 07/01/2014)

1 Exhibit 1

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July 1, 2014

July 1, 2014

PACER
9

MOTION for Leave to Appear Pro Hac Vice Filing fee $ 50, receipt number 1087-1888066 by All Plaintiffs. (Attachments: # 1 Exhibit 1)(Ables, J) (Entered: 07/01/2014)

1 Exhibit 1

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July 1, 2014

July 1, 2014

PACER
10

MOTION for Leave to Appear Pro Hac Vice Filing fee $ 50, receipt number 1087-1888069 by All Plaintiffs. (Attachments: # 1 Exhibit 1)(Ables, J) (Entered: 07/01/2014)

1 Exhibit 1

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July 1, 2014

July 1, 2014

PACER
11

ORDER REASSIGNING CASE. Case reassigned to Honorable David L. Russell for all further proceedings. Honorable Vicki Miles-LaGrange no longer assigned to case. Signed by Honorable Vicki Miles-LaGrange on 7/1/2014. (ks) (Entered: 07/01/2014)

July 1, 2014

July 1, 2014

PACER
12

ORDER granting 4 Motion for TRO. Signed by Honorable David L. Russell on 7/1/14. (jw) (Entered: 07/01/2014)

July 1, 2014

July 1, 2014

PACER
13

ORDER granting 8 Motion to Appear Pro Hac Vice of Eric N. Kniffin; granting 9 Motion to Appear Pro Hac Vice of Martin Nussbaum; granting 10 Motion to Appear Pro Hac Vice of Ian S. Speir. Signed by Honorable David L. Russell on 7/1/14. (jw) (Entered: 07/01/2014)

July 1, 2014

July 1, 2014

PACER
14

MOTION for Order to Convert Emergency TRO to Preliminary Injunction by All Plaintiffs. (Ables, J) (Entered: 07/02/2014)

July 2, 2014

July 2, 2014

PACER
15

ENTRY of Appearance by L Martin Nussbaum on behalf of All Plaintiffs (Nussbaum, L) (Entered: 07/02/2014)

July 2, 2014

July 2, 2014

PACER
16

ENTRY of Appearance by Eric N Kniffin on behalf of All Plaintiffs (Kniffin, Eric) STRICKEN by Notice from the Court on 7/9/2014 (kw). (Entered: 07/02/2014)

July 2, 2014

July 2, 2014

PACER
17

ENTRY of Appearance by Ian S Speir on behalf of All Plaintiffs (Speir, Ian) (Entered: 07/02/2014)

July 2, 2014

July 2, 2014

PACER
18

ENTRY of Appearance by Eric N Kniffin on behalf of All Plaintiffs (Kniffin, Eric) (Entered: 07/03/2014)

July 3, 2014

July 3, 2014

PACER
19

ENTRY of Appearance by Bradley P Humphreys on behalf of All Defendants (Humphreys, Bradley) (Entered: 07/07/2014)

July 7, 2014

July 7, 2014

PACER
20

ORDER re 12 Order on Motion for TRO is extended until the time the Court rules on 14 MOTION for Order to Convert Emergency TRO to Preliminary Injunction filed by Catholic Benefits Association LCA, Catholic Insurance Company Inc. Signed by Honorable David L. Russell on 07/08/2014. (md) (Entered: 07/08/2014)

July 8, 2014

July 8, 2014

PACER

NOTICE from the Court STRIKING 16 Entry of Appearance. It has been properly refiled as document 18 . (kw)

July 9, 2014

July 9, 2014

PACER
21

SUMMONS Returned Executed by Catholic Insurance Company Inc, Catholic Benefits Association LCA. Sylvia M Burwell served on 7/7/2014; Thomas E Perez served on 7/7/2014; United States Department of Health and Human Services served on 7/7/2014. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3)(Ables, J) (Entered: 07/17/2014)

1 Exhibit 1

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2 Exhibit 2

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3 Exhibit 3

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July 17, 2014

July 17, 2014

PACER
22

SUMMONS RETURNED EXECUTED as to Non-Party for Summons & Complaint served on Sanford C. Coats on July 2, 2014, filed by Plaintiffs Catholic Benefits Association LCA, Catholic Insurance Company Inc. (Attachments: # 1 Exhibit 1)(Ables, J) (Entered: 07/17/2014)

1 Exhibit 1

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July 17, 2014

July 17, 2014

PACER
23

UNOPPOSED MOTION for Extension of Time to File Response/Reply as to 14 MOTION for Order to Convert Emergency TRO to Preliminary Injunction by All Defendants. (Humphreys, Bradley) (Entered: 07/23/2014)

July 23, 2014

July 23, 2014

PACER
24

ORDER granting 23 Motion for Extension of Time to File Response/Reply re 14 MOTION for Order to Convert Emergency TRO to Preliminary Injunction Responses due by 9/7/2014. Signed by Honorable David L. Russell on 7/24/14. (jw) (Entered: 07/24/2014)

July 24, 2014

July 24, 2014

PACER
25

SUMMONS Returned Executed by Catholic Insurance Company Inc, Catholic Benefits Association LCA. Jacob J Lew served on 7/22/2014; United States Department of Labor served on 7/11/2014; United States Department of the Treasury served on 7/21/2014. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4)(Ables, J) (Entered: 08/13/2014)

1 Exhibit 1

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2 Exhibit 2

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3 Exhibit 3

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4 Exhibit 4

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Aug. 13, 2014

Aug. 13, 2014

PACER

NOTICE from the Court Re: 21 Summons Returned Executed, 25 Summons Returned Executed, 22 Summons Returned Executed as to Non-party. Counsel for Plaintiff is DIRECTED, in future filings, to comply with the Court's ECF Policies & Procedures Manual, Section II(A)(4)(a) - "Exhibits... shall be clearly labeled with the appropriate exhibit number.... Do not use alphabetical or alpha-numeric designations for exhibits. A description [more than just the exhibit no.] of the numbered exhibit must be provided in the docket entry...." Failure to comply in the future may result in filings being stricken. (md)

Aug. 14, 2014

Aug. 14, 2014

PACER
26

SECOND MOTION for Extension of Time to File Response/Reply as to 14 MOTION for Order to Convert Emergency TRO to Preliminary Injunction by All Defendants. (Humphreys, Bradley) (Entered: 09/08/2014)

Sept. 8, 2014

Sept. 8, 2014

PACER
27

UNOPPOSED MOTION for Temporary Restraining Order Unopposed Motion Regarding Procedural Issues and Modification of Temporary Restraining Order by All Plaintiffs. (Nussbaum, L) (Entered: 09/24/2014)

Sept. 24, 2014

Sept. 24, 2014

PACER
28

ORDER granting 27 Plaiintiffs' Motion Regarding Procedural Issues and Modification of Temporary Restraining Order, as more fully set out. Signed by Honorable David L. Russell on 9/24/14. (jw) (Entered: 09/24/2014)

Sept. 24, 2014

Sept. 24, 2014

RECAP
29

AMENDED COMPLAINT against All Defendants filed by All Plaintiffs. (Attachments: # 1 Exhibit Exhibit A, # 2 Exhibit Exhibit B, # 3 Exhibit Exhibit C, # 4 Exhibit Exhibit D, # 5 Exhibit Exhibit E, # 6 Exhibit Exhibit F, # 7 Exhibit Exhibit G, # 8 Exhibit Exhibit H)(Speir, Ian). STRICKEN per Notice of the Court. (md). (Entered: 10/02/2014)

1 Exhibit Exhibit A

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2 Exhibit Exhibit B

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3 Exhibit Exhibit C

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4 Exhibit Exhibit D

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5 Exhibit Exhibit E

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6 Exhibit Exhibit F

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7 Exhibit Exhibit G

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8 Exhibit Exhibit H

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Oct. 2, 2014

Oct. 2, 2014

PACER
30

MOTION for Preliminary Injunction by All Plaintiffs. (Speir, Ian) (Entered: 10/02/2014)

Oct. 2, 2014

Oct. 2, 2014

PACER
31

BRIEF IN SUPPORT re 30 MOTION for Preliminary Injunction by All Plaintiffs. (Attachments: # 1 Exhibit Exhibit A)(Speir, Ian). Stricken per Notice from the Court. Modified on 10/3/2014 (md). (Entered: 10/02/2014)

1 Exhibit Exhibit A

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Oct. 2, 2014

Oct. 2, 2014

PACER

NOTICE from the Court 31 Brief STRICKEN for failure to comply with ECF Policies & Procedures Manual, Section II(A)(4)(a) - "Exhibits... shall be clearly labeled with the appropriate exhibit number.... Do not use alphabetical or alpha-numeric designations for exhibits. A description [more than just the exhibit no.] of the numbered exhibit must be provided in the docket entry...." Counsel shall refile accordingly.(md)

Oct. 3, 2014

Oct. 3, 2014

PACER

NOTICE from the Court 29 Amended Complaint Stricken for failure to comply ECF Policies & Procedures Manual, Section II(A)(4)(a) - "Exhibits... shall be clearly labeled with the appropriate exhibit number.... Do not use alphabetical or alpha-numeric designations for exhibits. A description [more than just the exhibit no.] of the numbered exhibit must be provided in the docket entry...." Counsel shall refile accordingly. (md)

Oct. 3, 2014

Oct. 3, 2014

PACER
32

AMENDED COMPLAINT Amended Verified Complaint against All Defendants filed by All Plaintiffs. (Attachments: # 1 Exhibit Exhibit 1: Articles of Organization of The Catholic Benefits Association LCA, # 2 Exhibit Exhibit 2: Bylaws of The Catholic Benefits Association LCA, # 3 Exhibit Exhibit 3: Certificate of Incorporation for The Catholic Insurance Company, # 4 Exhibit Exhibit 4: Bylaws of The Catholic Insurance Company, # 5 Exhibit Exhibit 5: EBSA Form 700, # 6 Exhibit Exhibit 6: EBSA Form 700 (revised August 2014), # 7 Exhibit Exhibit 7: Transcript of Oral Argument, Hobby Lobby v. Sebelius (10th Cir. May 23, 2013), # 8 Exhibit Exhibit 8: Transcript of Gary M. Cohen Deposition, Roman Catholic Archdiocese of New York v. Sebelius (D.Ct. E.D.N.Y. April 16, 2013))(Nussbaum, L) (Entered: 10/03/2014)

1 Exhibit Exhibit 1: Articles of Organization of The Catholic Benefits Association

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2 Exhibit Exhibit 2: Bylaws of The Catholic Benefits Association LCA

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3 Exhibit Exhibit 3: Certificate of Incorporation for The Catholic Insurance Compa

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4 Exhibit Exhibit 4: Bylaws of The Catholic Insurance Company

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5 Exhibit Exhibit 5: EBSA Form 700

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6 Exhibit Exhibit 6: EBSA Form 700 (revised August 2014)

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7 Exhibit Exhibit 7: Transcript of Oral Argument, Hobby Lobby v. Sebelius (10th Ci

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8 Exhibit Exhibit 8: Transcript of Gary M. Cohen Deposition, Roman Catholic Archdi

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Oct. 3, 2014

Oct. 3, 2014

PACER
33

BRIEF IN SUPPORT re 30 MOTION for Preliminary Injunction Plaintiffs' Opening Brief in Support of Motion for Preliminary Injunction by All Plaintiffs. (Nussbaum, L) (Entered: 10/03/2014)

Oct. 3, 2014

Oct. 3, 2014

PACER
34

UNOPPOSED MOTION for Extension of Time to File Response/Reply as to 30 MOTION for Preliminary Injunction by All Defendants. (Humphreys, Bradley) (Entered: 10/24/2014)

Oct. 24, 2014

Oct. 24, 2014

PACER
35

ORDER granting 34 Motion for Extension of Time to File Response/Reply re 30 MOTION for Preliminary Injunction Responses due by 10/31/2014. Signed by Honorable David L. Russell on 10/27/14. (jw) (Entered: 10/27/2014)

Oct. 27, 2014

Oct. 27, 2014

PACER
36

RESPONSE in Opposition re 30 MOTION for Preliminary Injunction filed by All Defendants. (Humphreys, Bradley) (Entered: 10/31/2014)

Oct. 31, 2014

Oct. 31, 2014

PACER
37

MOTION to Strike Defendants' Opposition to Plaintiffs' Motion for Preliminary Injunction and to Refile in Compliance with Local Rules by All Plaintiffs. (Nussbaum, L) (Entered: 11/03/2014)

Nov. 3, 2014

Nov. 3, 2014

PACER
38

ORDER denying 37 Motion to Strike. Signed by Honorable David L. Russell on 11/4/14. (jw) (Entered: 11/04/2014)

Nov. 4, 2014

Nov. 4, 2014

PACER
39

REPLY to Response to Motion re 30 MOTION for Preliminary Injunction filed by All Plaintiffs. (Speir, Ian) (Entered: 11/10/2014)

Nov. 10, 2014

Nov. 10, 2014

PACER
40

ORDER granting in part and denying in part 30 Motion for Preliminary Injunction, as more fully set out. Signed by Honorable David L. Russell on 12/29/14. (jw) (Entered: 12/29/2014)

Dec. 29, 2014

Dec. 29, 2014

RECAP
41

NOTICE OF APPEAL as to 40 Order on Motion for Preliminary Injunction by All Defendants. (Humphreys, Bradley) (Entered: 02/23/2015)

Feb. 23, 2015

Feb. 23, 2015

PACER
42

PRELIMINARY RECORD LETTER - Electronic Transmission of Notice of Appeal with Preliminary Record sent to Tenth Circuit Court of Appeals re 41 Notice of Appeal (jb) (Entered: 02/24/2015)

Feb. 24, 2015

Feb. 24, 2015

PACER
43

Tenth Circuit USCA Case Number 15-6029 for 41 Notice of Appeal filed by United States Department of the Treasury, United States Department of Health and Human Services, Thomas E Perez, United States Department of Labor, Sylvia M Burwell, Jacob J Lew. (jb) (Entered: 02/25/2015)

Feb. 25, 2015

Feb. 25, 2015

PACER
44

NOTICE OF CROSS APPEAL as to 40 Order on Motion for Preliminary Injunction by Catholic Benefits Association LCA, Catholic Insurance Company Inc. Filing fee $ 505, receipt number 1087-2027620. (Speir, Ian) (Entered: 03/02/2015)

March 2, 2015

March 2, 2015

PACER
45

PRELIMINARY RECORD LETTER - Electronic Transmission of Notice of Appeal with Preliminary Record sent to Tenth Circuit Court of Appeals re 44 Notice of Cross Appeal (jb) (Entered: 03/10/2015)

March 10, 2015

March 10, 2015

PACER
46

Tenth Circuit USCA Case Number 15-6037 for 44 Notice of Cross Appeal filed by Catholic Benefits Association LCA, Catholic Insurance Company Inc. (jb) (Entered: 03/10/2015)

March 10, 2015

March 10, 2015

PACER
47

ORDER of USCA as to 44 Notice of Cross Appeal filed by Catholic Benefits Association LCA, Catholic Insurance Company Inc, 41 Notice of Appeal filed by United States Department of the Treasury, United States Department of Health and Human Services, Thomas E Perez, United States Department of Labor, Sylvia M Burwell, Jacob J Lew. The unopposed motion to hold appeals in abeyance is granted. Proceedings in these appeals, including briefing on the merits, are abated pending further order of this court, and in particular pending resolution of appeals numbers 13-1540, 14-6026, and 14-6028. (jb) (Entered: 03/18/2015)

March 17, 2015

March 17, 2015

PACER
48

TRANSCRIPT Order Form by Catholic Benefits Association LCA, Catholic Insurance Company Inc re 44 Notice of Cross Appeal that transcripts are not necessary. See order form for dates and proceedings. (Speir, Ian) Modified on 3/25/2015 to correct document association (jb). (Entered: 03/24/2015)

March 24, 2015

March 24, 2015

PACER
49

TRANSCRIPT LETTER advising Tenth Circuit re 44 Notice of Cross Appeal filed by Catholic Benefits Association LCA, Catholic Insurance Company Inc that transcripts are not necessary. The record is ready for appeal purposes. (jb) (Entered: 03/25/2015)

March 25, 2015

March 25, 2015

PACER
50

ENTRY of Appearance by Adam A Grogg on behalf of All Defendants (Grogg, Adam) (Entered: 03/25/2015)

March 25, 2015

March 25, 2015

PACER
51

NOTICE (other) by All Plaintiffs Notice of Firm Name Change (Nussbaum, L) (Entered: 01/14/2016)

Jan. 14, 2016

Jan. 14, 2016

PACER
52

MOTION to Withdraw as Attorney by All Defendants. (Grogg, Adam) (Entered: 08/15/2017)

Aug. 15, 2017

Aug. 15, 2017

PACER
53

ENTRY of Appearance by Michelle R Bennett on behalf of All Defendants (Bennett, Michelle) (Entered: 08/15/2017)

Aug. 15, 2017

Aug. 15, 2017

PACER
54

ORDER granting 52 Motion to Withdraw as Attorney. Attorney Adam A Grogg terminated. Signed by Honorable David L. Russell on 8/16/17. (jw) (Entered: 08/16/2017)

Aug. 16, 2017

Aug. 16, 2017

PACER
55

ORDER of USCA as to 41 Notice of Appeal filed by United States Department of the Treasury, United States Department of Health and Human Services, Thomas E Perez, United States Department of Labor, Sylvia M Burwell, Jacob J Lew. Motion to Dismiss GRANTED. Mandate to issue. (kw) (Entered: 10/23/2017)

Oct. 23, 2017

Oct. 23, 2017

PACER
56

USCA MANDATE Issued re 41 Notice of Appeal filed by United States Department of the Treasury, United States Department of Health and Human Services, Thomas E Perez, United States Department of Labor, Sylvia M Burwell, Jacob J Lew (kw) (Entered: 10/23/2017)

Oct. 23, 2017

Oct. 23, 2017

PACER
57

MOTION for Permanent Injunction and Declaratory Judgment by All Plaintiffs. (Attachments: # 1 Exhibit A, CBA Amicus Brief)(Kniffin, Eric) (Entered: 11/01/2017)

1 Exhibit A, CBA Amicus Brief

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Nov. 1, 2017

Nov. 1, 2017

PACER
58

ORDER of USCA as to (77 in 5:14-cv-00240-R) Notice of Cross Appeal filed by Catholic Insurance Company, Cathedral Foundation Inc, Catholic Benefits Association LCA, Catholic Charities of the Archdiocese of Oklahoma City Inc, All Saints Catholic School Inc, Roman Catholic Archdiocese of Oklahoma City, Villa St Francis Catholic Care Center Inc, Good Will Publishers Inc, William E Lori, (44 in 5:14-cv-00685-R) Notice of Cross Appeal filed by Catholic Insurance Company Inc, Catholic Benefits Association LCA. Cross appeals voluntarily dismissed pursuant to Rule 42(b). (kw) (Entered: 11/16/2017)

Nov. 16, 2017

Nov. 16, 2017

PACER
59

USCA MANDATE Issued re (77 in 5:14-cv-00240-R) Notice of Cross Appeal filed by Catholic Insurance Company, Cathedral Foundation Inc, Catholic Benefits Association LCA, Catholic Charities of the Archdiocese of Oklahoma City Inc, All Saints Catholic School Inc, Roman Catholic Archdiocese of Oklahoma City, Villa St Francis Catholic Care Center Inc, Good Will Publishers Inc, William E Lori, (44 in 5:14-cv-00685-R) Notice of Cross Appeal filed by Catholic Insurance Company Inc, Catholic Benefits Association LCA (kw) (Entered: 11/16/2017)

Nov. 16, 2017

Nov. 16, 2017

PACER
60

CONSENT MOTION for Extension of Time to File Response/Reply by Catholic Benefits Association LCA. (Nussbaum, L) (Entered: 11/21/2017)

Nov. 21, 2017

Nov. 21, 2017

PACER
61

ORDER granting 60 Motion for Extension of Time to File Response/Reply re 57 MOTION for Permanent Injunction and Declaratory Judgment Replies due by 12/4/2017.. Signed by Honorable David L. Russell on 11/21/17. (jw) (Entered: 11/22/2017)

Nov. 22, 2017

Nov. 22, 2017

PACER
62

ENTRY of Appearance by Elizabeth L Kade on behalf of All Defendants (Kade, Elizabeth) (Entered: 11/22/2017)

Nov. 22, 2017

Nov. 22, 2017

PACER
63

MEMORANDUM in Opposition re 57 MOTION for Permanent Injunction and Declaratory Judgment filed by All Defendants. (Kade, Elizabeth) (Entered: 11/22/2017)

Nov. 22, 2017

Nov. 22, 2017

PACER
64

REPLY to Response to Motion re 57 MOTION for Permanent Injunction and Declaratory Judgment filed by All Plaintiffs. (Attachments: # 1 Exhibit A, Govt response brief in PA IFR case, # 2 Exhibit B, Govt response brief in CA IFR case)(Kniffin, Eric) (Entered: 12/04/2017)

1 Exhibit A, Govt response brief in PA IFR case

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2 Exhibit B, Govt response brief in CA IFR case

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Dec. 4, 2017

Dec. 4, 2017

PACER
65

MOTION to Supplement Authority in Support of Motion for Permanent Injunction and Declaratory Relief by All Plaintiffs. (Attachments: # 1 Attachment)(Nussbaum, L) (Entered: 12/13/2017)

1 Attachment

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Dec. 13, 2017

Dec. 13, 2017

PACER
66

MOTION for Leave to file supplemental authority by All Plaintiffs. (Attachments: # 1 Exhibit A - PA Opinion, # 2 Exhibit B - PA Order)(Kniffin, Eric) (Entered: 12/18/2017)

1 Exhibit A - PA Opinion

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2 Exhibit B - PA Order

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Dec. 18, 2017

Dec. 18, 2017

PACER
67

ORDER granting 65 Motion to Supplement; granting 66 Motion for Leave to File Supplemental Authority. Signed by Honorable David L. Russell on 12/18/17. (jw) (Entered: 12/18/2017)

Dec. 18, 2017

Dec. 18, 2017

PACER
68

NOTICE (other) by All Plaintiffs re 57 MOTION for Permanent Injunction and Declaratory Judgment Notice of Supplemental Authority (Attachments: # 1 Exhibit A)(Kniffin, Eric) (Entered: 12/21/2017)

1 Exhibit A

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Dec. 21, 2017

Dec. 21, 2017

PACER
69

RESPONSE to Motion re 57 MOTION for Permanent Injunction and Declaratory Judgment SUPPLEMENTAL BRIEF filed by All Defendants. (Kade, Elizabeth) (Entered: 12/22/2017)

Dec. 22, 2017

Dec. 22, 2017

PACER
70

ORDER re 57 MOTION for Permanent Injunction and Declaratory Judgment filed by Catholic Benefits Association LCA, Catholic Insurance Company Inc. The Court orders that Defendants file any objections or proposed modifications to Plaintiffs proposed order, attached herein, by January 5th, 2018. Signed by Honorable David L. Russell on 12/26/17. (Attachments: Exhibit #1 proposed order)(jw) (Entered: 12/26/2017)

1 Exhibit #1 proposed order

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Dec. 26, 2017

Dec. 26, 2017

PACER
71

UNOPPOSED MOTION for Extension of Time to File Response/Reply as to 70 Order, by All Defendants. (Attachments: # 1 Proposed Order)(Kade, Elizabeth) (Entered: 01/05/2018)

1 Proposed Order

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Jan. 5, 2018

Jan. 5, 2018

PACER
72

ORDER granting 71 Motion for Extension of Time to File Response/Reply Objections and proposed Modifications to Plaintiffs' proposed order, Doc. 70-1, is January 9, 2018. Signed by Honorable David L. Russell on 1/8/18. (jw) (Entered: 01/08/2018)

Jan. 8, 2018

Jan. 8, 2018

PACER
73

OBJECTIONS re 70 Order, filed by All Defendants. (Kade, Elizabeth) (Entered: 01/09/2018)

Jan. 9, 2018

Jan. 9, 2018

PACER
74

REPLY by Plaintiff Catholic Benefits Association LCA 73 Response to Departments' Objections to Proposed Order filed by Catholic Benefits Association LCA. (Kniffin, Eric) Modified on 1/12/2018 (kr). (Entered: 01/12/2018)

Jan. 12, 2018

Jan. 12, 2018

PACER
75

NOTICE (other) by All Defendants Withdrawal of Counsel (Kade, Elizabeth) (Entered: 01/22/2018)

Jan. 22, 2018

Jan. 22, 2018

PACER
81

BILL OF COSTS by All Plaintiffs. (Attachments: # 1 Exhibit A − Nussbaum Declaration, # 2 Exhibit B − Transcript Receipt)(Nussbaum, L) (Entered: 04/21/2018)

April 21, 2018

April 21, 2018

76

MOTION to Withdraw as Attorney by All Defendants. (Attachments: # 1 Proposed Order)(Kade, Elizabeth) (Entered: 01/23/2018)

1 Proposed Order

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Jan. 23, 2018

Jan. 23, 2018

PACER
77

ORDER granting 76 Motion to Withdraw as Attorney. Attorney Elizabeth L Kade terminated. Signed by Honorable David L. Russell on 1/23/18. (jw) (Entered: 01/23/2018)

Jan. 23, 2018

Jan. 23, 2018

PACER
82

MOTION for Attorney Fees by All Plaintiffs. (Nussbaum, L) (Entered: 04/21/2018)

April 21, 2018

April 21, 2018

83

MEMORANDUM in Support re 82 MOTION for Attorney Fees filed by All Plaintiffs. (Attachments: # 1 Exhibit A − Nussbaum Declaration, # 2 Exhibit B − Rienzi Declaration, # 3 Exhibit C − Burrage Declaration)(Nussbaum, L) (Entered: 04/21/2018)

April 21, 2018

April 21, 2018

78

NOTICE (other) by Catholic Benefits Association LCA Notice of Supplemental Authority in Relation to Plaintiffs' Motion for Permanent Injunction and Declaratory Relief (Attachments: # 1 Exhibit Exhibit A)(Kniffin, Eric) (Entered: 02/23/2018)

1 Exhibit Exhibit A

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Feb. 23, 2018

Feb. 23, 2018

PACER
79

ORDER granting 57 Motion for Permanent Injunction, as more fully set out. Signed by Honorable David L. Russell on 3/7/18. (jw) (Entered: 03/07/2018)

March 7, 2018

March 7, 2018

RECAP
84

NOTICE OF BILL OF COSTS HEARING, Bill of Costs Hearing set for 6/5/2018 09:00 AM in Court Clerk's Office (jw) (Entered: 04/23/2018)

April 23, 2018

April 23, 2018

80

JUDGMENT; In accordance with this Courts order entered today, judgement is hereby entered in favor of Plaintiffs.. Signed by Honorable David L. Russell on 3/7/18. (jw) (Entered: 03/07/2018)

March 7, 2018

March 7, 2018

PACER
85

Response in Opposition to Motion

1 Exhibits

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May 7, 2018

May 7, 2018

PACER
86

Hearing

May 10, 2018

May 10, 2018

PACER
87

Supplement

May 30, 2018

May 30, 2018

PACER
88

Supplement

1 Attachment Part 1 of 8

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2 Attachment Part 2 of 8

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3 Attachment Part 3 of 8

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4 Attachment Part 4 of 8

View on PACER

5 Attachment Part 5 of 8

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6 Attachment Part 6 of 8

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7 Attachment Part 7 of 8

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8 Attachment Part 8 of 8

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May 30, 2018

May 30, 2018

PACER
89

Costs Taxed

1 Attachment 1- Supplement to Decision on Bill of Costs

View on RECAP

June 5, 2018

June 5, 2018

PACER
90

Memorandum in Opposition

1 Exhibit

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June 20, 2018

June 20, 2018

PACER
91

Order

June 21, 2018

June 21, 2018

PACER
92

Memorandum in Opposition

1 Exhibit 1 - Summary of Reductions

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2 Exhibit 2 - Summary of Time Entries in Litigation Category

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3 Exhibit 3 - Fees for 10th Circuit Moot Court

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4 Exhibit 4 - Media-Related Fees

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5 Exhibit 5 - Webinar and Website-Related Fees

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6 Exhibit 6 - Fees for Drafting Complaint

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7 Exhibit 7 - Fees for April 29, 2015 Hearing Preparation

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8 Exhibit 8 - Fees for Researching Standing

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9 Exhibit 9 - Fees for Briefing Class Certification Motion

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10 Exhibit 10 - Fees Regarding Forum Shopping

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June 21, 2018

June 21, 2018

PACER
93

Extension of Time to File Response/Reply

June 27, 2018

June 27, 2018

PACER
94

Order on Motion for Extension of Time to File Response/Reply

June 28, 2018

June 28, 2018

PACER
95

Reply

1 Exhibit A - Nussbaum Declaration

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2 Exhibit B - Jones Day Settlement

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3 Exhibit C - First Liberty Settlement

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July 17, 2018

July 17, 2018

PACER

Case Details

State / Territory: Oklahoma

Case Type(s):

Speech and Religious Freedom

Special Collection(s):

Contraception Insurance Mandate

Multi-LexSum (in sample)

Key Dates

Filing Date: July 1, 2014

Closing Date: 2018

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Plaintiffs are an association of Catholic nonprofit and closely-held for-profit employers that provide health benefits to their employees, and a Catholic based insurance company which sells stop-loss insurance to some of these employers which self-fund their insurance plans.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

U.S. Department of Health and Human Services (Washington), Federal

U.S. Department of Labor (Washington), Federal

U.S. Department of the Treasury (Washington), Federal

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

Religious Freedom Rest. Act/Religious Land Use and Inst. Persons Act (RFRA/RLUIPA)

Administrative Procedure Act, 5 U.S.C. §§ 551 et seq.

Constitutional Clause(s):

Equal Protection

Establishment Clause

Free Exercise Clause

Availably Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

Injunction / Injunctive-like Settlement

Attorneys fees

Preliminary injunction / Temp. restraining order

Source of Relief:

Litigation

Amount Defendant Pays: 718,607.36

Content of Injunction:

Discrimination Prohibition

Preliminary relief denied

Preliminary relief granted

Issues

General:

Contraception

Religious programs / policies