Civil Rights Litigation Clearinghouse

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

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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. 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.

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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)

Attorney Contact Information via CourtListener

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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

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Resources

Title	Description		External URL Date / External URL

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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 View on PACER 2 Exhibit B - Bylaws of The Catholic Benefits Association LCA View on PACER 3 Exhibit C - Certificate of Incorporation of The Catholic Insurance Company View on PACER 4 Exhibit D - Bylaws of The Catholic Insurance Company View on PACER 5 Exhibit E - EBSA Form 700 View on PACER 6 Exhibit F - Hobby Lobby Stores Inc v. Kathleen Sebelius transcript of 5/23/13 he View on PACER 7 Notice of Related or Companion Case View on PACER 8 Civil Cover Sheet View on PACER	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 View on PACER 2 Exhibit B View on PACER	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 View on PACER	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 View on PACER	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 View on PACER	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 View on PACER 2 Exhibit 2 View on PACER 3 Exhibit 3 View on PACER	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 View on PACER	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 View on PACER 2 Exhibit 2 View on PACER 3 Exhibit 3 View on PACER 4 Exhibit 4 View on PACER	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 View on PACER 2 Exhibit Exhibit B View on PACER 3 Exhibit Exhibit C View on PACER 4 Exhibit Exhibit D View on PACER 5 Exhibit Exhibit E View on PACER 6 Exhibit Exhibit F View on PACER 7 Exhibit Exhibit G View on PACER 8 Exhibit Exhibit H View on PACER	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 View on PACER	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 View on PACER 2 Exhibit Exhibit 2: Bylaws of The Catholic Benefits Association LCA View on PACER 3 Exhibit Exhibit 3: Certificate of Incorporation for The Catholic Insurance Compa View on PACER 4 Exhibit Exhibit 4: Bylaws of The Catholic Insurance Company View on PACER 5 Exhibit Exhibit 5: EBSA Form 700 View on PACER 6 Exhibit Exhibit 6: EBSA Form 700 (revised August 2014) View on PACER 7 Exhibit Exhibit 7: Transcript of Oral Argument, Hobby Lobby v. Sebelius (10th Ci View on PACER 8 Exhibit Exhibit 8: Transcript of Gary M. Cohen Deposition, Roman Catholic Archdi View on PACER	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 View on PACER	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 View on PACER 2 Exhibit B, Govt response brief in CA IFR case View on PACER	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 View on PACER	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 View on PACER 2 Exhibit B - PA Order View on PACER	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 View on PACER	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 View on PACER	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 View on PACER	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 View on PACER	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 View on PACER	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 View on PACER	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 View on PACER 2 Attachment Part 2 of 8 View on PACER 3 Attachment Part 3 of 8 View on PACER 4 Attachment Part 4 of 8 View on PACER 5 Attachment Part 5 of 8 View on PACER 6 Attachment Part 6 of 8 View on PACER 7 Attachment Part 7 of 8 View on PACER 8 Attachment Part 8 of 8 View on PACER	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 View on PACER	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 View on PACER 2 Exhibit 2 - Summary of Time Entries in Litigation Category View on PACER 3 Exhibit 3 - Fees for 10th Circuit Moot Court View on PACER 4 Exhibit 4 - Media-Related Fees View on PACER 5 Exhibit 5 - Webinar and Website-Related Fees View on PACER 6 Exhibit 6 - Fees for Drafting Complaint View on PACER 7 Exhibit 7 - Fees for April 29, 2015 Hearing Preparation View on PACER 8 Exhibit 8 - Fees for Researching Standing View on PACER 9 Exhibit 9 - Fees for Briefing Class Certification Motion View on PACER 10 Exhibit 10 - Fees Regarding Forum Shopping View on PACER	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 View on PACER 2 Exhibit B - Jones Day Settlement View on PACER 3 Exhibit C - First Liberty Settlement View on PACER	July 17, 2018	July 17, 2018 PACER

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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