Case: Priests for Life v. Sebelius

1:13-cv-01261 | U.S. District Court for the District of Columbia

Filed Date: Aug. 19, 2013

Closed Date: 2017

Clearinghouse coding complete

Case Summary

On August 19, 2013, Priests for Life, a non-profit Catholic group organized in opposition to abortion, filed this lawsuit in the U.S. District Court for the District of Columbia. The plaintiffs sued the U.S. Department of Health and Human Services under the Religious Freedom Restoration Act (RFRA). Represented by the American Freedom Law Center, the plaintiffs asked the court for monetary relief and to enjoin the contraceptive services mandate in the Affordable Care Act. The plaintiffs claimed …

On August 19, 2013, Priests for Life, a non-profit Catholic group organized in opposition to abortion, filed this lawsuit in the U.S. District Court for the District of Columbia. The plaintiffs sued the U.S. Department of Health and Human Services under the Religious Freedom Restoration Act (RFRA). Represented by the American Freedom Law Center, the plaintiffs asked the court for monetary relief and to enjoin the contraceptive services mandate in the Affordable Care Act. The plaintiffs claimed that the contraceptive services mandate was unconstitutional and violated the plaintiffs' rights to freedom of religion, freedom of speech, freedom of expressive association, and equal treatment.

Specifically, the plaintiffs claimed that their sincerely held religious beliefs cause them to object to providing any direct or indirect support for contraception, sterilization, or abortifacients. They claimed that the accommodation for non-profit religious employers allowing them to have nothing to do with the contraceptive services provided by a third party insurer did not assuage their concerns. They claimed that even though the entire cost of the services would be absorbed by the third party, they would be furthering these services by paying for coverage through an insurer that provided these services.

This case involves the same dispute as Priests for Life v. Sebelius in the Southern District of New York, FA-NY-0005 in this Clearinghouse, which was dismissed without prejudice on April 15, 2013, and was refiled in the District of Columbia later in the year. Priests for Life is one of a number of organizations that is religiously based and has a particular objection to the contraception mandate, but is not covered under any of the religious exemptions in the statute or in regulation, which are generally limited to churches and religious orders. Priests for Life objects to the fact that a health care plan that they purchase for their employees will provide those employees with access to contraceptive services.

On December 19, 2013, the U.S. District Court for the District of Columbia issued a judgment for the defendant. The court found that the actions of third parties do no create an impermissible burden, and granted the defendants' motion to dismiss.

The plaintiffs appealed this case to the U.S. Court of Appeals for the District of Columbia Circuit on December 19, 2013. 7 F. Supp. 3d 88 (D.D.C. 2013). The appeal included the plaintiffs' motion for a preliminary injunction. The Appeals Court ruled on November 14, 2014 that the accommodation the Department of Health and Human Services (HHS) has designed for religious nonprofits to comply with the contraceptive coverage mandate does not burden the plaintiffs' religious freedom, and affirmed the District Court's ruling. 772 F.3d 229 (D.C. Cir. 2014). On May 20, 2015, the Court of Appeals denied plaintiffs request for rehearing en banc, reasoning that the result in Hobby Lobby v. Sebelius does not compel them to credit plaintiffs’ misinterpretation of the regulation the plaintiffs are challenging and on June 10, 2015, the Circuit Court ordered that the mandate be stayed through August 26, 2015, pending petition for writ of certiorari.

On November 6, 2015, the Supreme Court granted certiorari in this case to decide whether notifying the federal government by signing a form identifying the employer as a religious nonprofit that objects to the contraceptive services mandate (so that the government can work with the insurer or benefits provider to ensure employees have contraceptive coverage) violates the Religious Freedom Restoration Act, or constitutes the least restrictive means of achieving a compelling government interest. This case was consolidated with six other cases dealing with this issue. Together, the cases were known as Zubik v. Burwell [II] .

This case was argued on March 23, 2016. On March 29, 2016, in an unusual move, the Supreme Court directed the parties to file supplemental briefs suggesting a solution to their disagreement, in which employees could still receive contraception coverage without employers giving any notice to the government. On May 16, 2016, the Court issued a per curiam order remanding all seven cases to their respective courts of appeals, ordering the lower courts to give the parties time to come to agreement on an approach that that "accommodates petitioners’ religious exercise while at the same time ensuring that women covered by petitioners’ health plans 'receive full and equal health coverage, including contraceptive coverage.'" 136 S.Ct 1557, 1560. The Court took no position on the merits of this case.

Back in the Circuit Court, the parties submitted a series of status reports indicating they had entered into settlement negotiations with the new Trump administration. On Oct. 16, 2017, the parties filed a joint motion to voluntarily dismiss the appeal. The case appears to be settled, though any settlement agreement is not currently publicly available. The Circuit Court dismissed the case on Nov. 6, 2017.

The case is now closed.

Summary Authors

Kate Craddock (6/6/2016)

Virginia Weeks (12/3/2017)

Related Cases

Priests for Life v. Sebelius, Eastern District of New York (2012)

Geneva College v. Sebelius, Western District of Pennsylvania (2012)

Roman Catholic Archbishop of Washington v. Sebelius, District of Columbia (2012)

East Texas Baptist University v. Sebelius, Southern District of Texas (2012)

Southern Nazarene University v. Sebelius, Western District of Oklahoma (2013)

Little Sisters of the Poor Home for the Aged v. Sebelius, District of Colorado (2013)

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

March for Life v. Burwell, District of Columbia (2014)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/5069155/parties/priests-for-life-v-united-states-department-of-health-and-human-services/


Judge(s)

Sullivan, Emmet G. (District of Columbia)

Attorneys(s) for Plaintiff

Muise, Robert J. (Michigan)

Yerushalmi, David Eliezer (New York)

Attorneys(s) for Defendant

Berwick, Benjamin Leon (District of Columbia)

Brinkmann, Beth S (District of Columbia)

Delery, Stuart F. (District of Columbia)

Jed, Adam C. (District of Columbia)

Kade, Elizabeth Lanier (District of Columbia)

Machen, Ronald C (District of Columbia)

Stern, Marc (District of Columbia)

Judge(s)

Sullivan, Emmet G. (District of Columbia)

Attorneys(s) for Plaintiff

Muise, Robert J. (Michigan)

Yerushalmi, David Eliezer (New York)

Attorneys(s) for Defendant

Berwick, Benjamin Leon (District of Columbia)

Brinkmann, Beth S (District of Columbia)

Delery, Stuart F. (District of Columbia)

Jed, Adam C. (District of Columbia)

Kade, Elizabeth Lanier (District of Columbia)

Machen, Ronald C (District of Columbia)

Stern, Marc (District of Columbia)

Other Attorney(s)

Mach, Daniel (District of Columbia)

Expert/Monitor/Master

Klein, Alisa B. (District of Columbia)

Documents in the Clearinghouse

Document

1:13-cv-01261

Docket

July 30, 2015

July 30, 2015

Docket
1

1:13-cv-01261

Complaint

Aug. 13, 2013

Aug. 13, 2013

Complaint
36

1:13-cv-01261

Memorandum Opinion

7 F.Supp.3d 88

Dec. 19, 2013

Dec. 19, 2013

Order/Opinion
37

1:13-cv-01261

Notice of Appeal

Dec. 19, 2013

Dec. 19, 2013

Notice Letter
1522271

13-05368

Opinion, U.S. Court of Appeals for DC Circuit

U. S. Court of Appeals for the District of Columbia Circuit

772 F.3d 229

Nov. 14, 2014

Nov. 14, 2014

Order/Opinion

14-01453

Supreme Court Order Granting Certiorari

Priests for Life

Supreme Court of the United States

136 S.Ct. 444

Nov. 6, 2015

Nov. 6, 2015

Order/Opinion

14-01453

Opinion

Supreme Court of the United States

136 S.Ct. 1557

May 19, 2016

May 19, 2016

Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/5069155/priests-for-life-v-united-states-department-of-health-and-human-services/

Last updated Aug. 30, 2022, 3:02 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against All Defendants ( Filing fee $ 400 receipt number 0090-3437070) filed by ALVEDA KING, FRANK PAVONE, JANET MORANA, PRIESTS FOR LIFE. (Attachments: # 1 Civil Cover Sheet, # 2 Summons U.S. Department of Health & Human Services, # 3 Summons HHS Secretary Kathleen Sebelius, # 4 Summons U.S. Department of the Treasury, # 5 Summons Treasury Secretary Jacob J. Lew, # 6 Summons U.S. Department of Labor, # 7 Summons Labor Secretary Thomas E. Perez, # 8 Summons U.S. Attorney General, # 9 Summons U.S. Attorney)(Muise, Robert) (Entered: 08/19/2013)

1 Civil Cover Sheet

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2 Summons U.S. Department of Health & Human Services

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3 Summons HHS Secretary Kathleen Sebelius

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4 Summons U.S. Department of the Treasury

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5 Summons Treasury Secretary Jacob J. Lew

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6 Summons U.S. Department of Labor

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7 Summons Labor Secretary Thomas E. Perez

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8 Summons U.S. Attorney General

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9 Summons U.S. Attorney

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Aug. 19, 2013

Aug. 19, 2013

RECAP
2

Corporate Disclosure Statement by PRIESTS FOR LIFE. (Muise, Robert) (Entered: 08/19/2013)

Aug. 19, 2013

Aug. 19, 2013

PACER

Case Assigned to Judge Emmet G. Sullivan. (md, )

Aug. 19, 2013

Aug. 19, 2013

PACER
3

NOTICE of Appearance by David Eliezer Yerushalmi on behalf of ALVEDA KING, JANET MORANA, FRANK PAVONE, PRIESTS FOR LIFE (Yerushalmi, David) (Entered: 08/19/2013)

Aug. 19, 2013

Aug. 19, 2013

PACER
4

ELECTRONIC SUMMONS ISSUED (8) as to JACOB J. LEW, THOMAS E. PEREZ, KATHLEEN SEBELIUS, 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 (Attachments: # 1 Summons 2nd, # 2 Summons 3rd, # 3 Summons 4th, # 4 Summons 5th, # 5 Summons 6th, # 6 Summons 7th, # 7 Summons 8th, # 8 Notice of Consent, # 9 Consent Form)(md, ) (Entered: 08/20/2013)

Aug. 20, 2013

Aug. 20, 2013

PACER
5

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. JACOB J. LEW served on 8/28/2013; THOMAS E. PEREZ served on 8/26/2013; KATHLEEN SEBELIUS served on 8/26/2013; UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES served on 8/26/2013; UNITED STATES DEPARTMENT OF LABOR served on 8/26/2013; UNITED STATES DEPARTMENT OF THE TREASURY served on 8/28/2013, RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 8/27/2013., RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 8/27/2013. ( Answer due for ALL FEDERAL DEFENDANTS by 10/26/2013.) (Muise, Robert) (Entered: 09/06/2013)

Sept. 6, 2013

Sept. 6, 2013

PACER
6

NOTICE of Appearance by Benjamin Leon Berwick on behalf of All Defendants (Berwick, Benjamin) (Entered: 09/16/2013)

Sept. 16, 2013

Sept. 16, 2013

PACER
7

MOTION for Preliminary Injunction by ALVEDA KING, JANET MORANA, FRANK PAVONE, PRIESTS FOR LIFE (Attachments: # 1 Exhibit 1--Declaration of Father Pavone / Priests for Life, # 2 Exhibit 2--Declaration of Dr. Alveda King, # 3 Exhibit 3--Declaration of Janet Morana, # 4 Text of Proposed Order)(Muise, Robert) (Entered: 09/19/2013)

Sept. 19, 2013

Sept. 19, 2013

PACER

MINUTE ORDER. The parties are directed to place a joint conference call to chambers at 3:00 p.m. on September 24, 2013, for an on-the-record conference call to discuss plaintiffs' motion for a preliminary injunction. The dial-in number for the conference call is (800) 423-1988 and the passcode is 1623943. Signed by Judge Emmet G. Sullivan on September 20, 2013. (lcegs4)

Sept. 20, 2013

Sept. 20, 2013

PACER

MINUTE ORDER. Plaintiffs' counsel contacted chambers and represented that government counsel consents to his request to reschedule the conference call to September 25, 2013. Accordingly, it is ORDERED that the conference call is rescheduled to September 25, 2013 at 3:30 PM. The parties are directed to place a joint conference call to chambers that time for an on-the-record conference call to discuss plaintiffs' motion for a preliminary injunction. The dial-in number for the conference call is (800) 423-1988 and the passcode is 1623943. Signed by Judge Emmet G. Sullivan on September 20, 2013. (lcegs4)

Sept. 20, 2013

Sept. 20, 2013

PACER

Set/Reset Hearings: Telephone Conference set for 9/25/2013 03:30 PM in Courtroom 24A before Judge Emmet G. Sullivan. (mac)

Sept. 23, 2013

Sept. 23, 2013

PACER

Minute Entry for proceedings held before Judge Emmet G. Sullivan. Telephone Conference held on 9/25/2013. Status Conference set for 11/26/2013 at 10:00 AM in Courtroom 24A before Judge Emmet G. Sullivan. Order To Be Issued. (Court Reporter BRYAN WAYNE.) (mac)

Sept. 25, 2013

Sept. 25, 2013

PACER

MINUTE ORDER. During the scheduling conference held on the record September 25, 2013, the parties agreed to consolidate the plaintiffs' motion for preliminary injunction with the merits under Federal Rule of Civil Procedure 65(a)(2). The parties are directed to comply with the following briefing schedule. Plaintiffs shall file a motion for summary judgment and a statement of undisputed material facts by no later than October 1, 2013. Plaintiffs may incorporate by reference their preliminary injunction filings. Defendants' combined opposition to plaintiffs' motion and cross motion to dismiss or in the alternative for summary judgment shall be filed by no later than October 11, 2013. Plaintiffs shall file their combined reply in support of their motion for summary judgment and opposition to Defendants' cross motion by no later than October 25, 2013. Defendants shall file their reply in support of their cross motion by no later than November 8, 2013. Within one business day of each of the filings, the parties shall deliver to the chambers of the Honorable Emmet G. Sullivan two copies of their pleadings and exhibits as well as binders containing one copy of the principal points and authorities relied upon (i.e., counsel should provide copies of principal cases, statutes, regulations, etc. but need not provide copies of cases relied upon merely for the standard of review or other well established principles). The Court will hold a hearing on the cross motions November 26, 2013 at 10:00 a.m. in Courtroom 24A.Signed by Judge Emmet G. Sullivan on September 25, 2013. (lcegs4)

Sept. 25, 2013

Sept. 25, 2013

PACER

Set/Reset Deadlines/Hearings: Plaintiff Summary Judgment motion due by 10/1/2013. Defendant's Response or Combined Opposition to Motion for Summary Judgment due by 10/11/2013. Plaintiff's Reply In Support of Motion for Summary Judgment due by 10/25/2013. Defendant's Reply in support of cross motion due by 11/8/2013. Status Conference set for 11/26/2013 10:00 AM in Courtroom 24A before Judge Emmet G. Sullivan. (mac)

Sept. 26, 2013

Sept. 26, 2013

PACER
8

MOTION for Summary Judgment by ALVEDA KING, JANET MORANA, FRANK PAVONE, PRIESTS FOR LIFE (Attachments: # 1 Statement of Facts, # 2 Exhibit Declaration of Robert J. Muise with Exhibits A through D)(Muise, Robert) (Entered: 10/01/2013)

Oct. 1, 2013

Oct. 1, 2013

PACER
9

MOTION to Stay All Deadlines Pending Restoration of Appropriations by JACOB J. LEW, THOMAS E. PEREZ, KATHLEEN SEBELIUS, UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES, UNITED STATES DEPARTMENT OF LABOR, UNITED STATES DEPARTMENT OF THE TREASURY (Attachments: # 1 Text of Proposed Order)(Berwick, Benjamin) (Entered: 10/01/2013)

Oct. 1, 2013

Oct. 1, 2013

PACER
10

RESPONSE re 9 MOTION to Stay All Deadlines Pending Restoration of Appropriations filed by ALVEDA KING, JANET MORANA, FRANK PAVONE, PRIESTS FOR LIFE. (Muise, Robert) (Entered: 10/01/2013)

Oct. 1, 2013

Oct. 1, 2013

PACER
11

ORDER denying 9 Motion to Stay. Signed by Judge Emmet G. Sullivan on October 2, 2013. (lcegs1) (Entered: 10/02/2013)

Oct. 2, 2013

Oct. 2, 2013

RECAP
12

ADMINISTRATIVE RECORD Notice of Filing by JACOB J. LEW, THOMAS E. PEREZ, KATHLEEN SEBELIUS, UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES, UNITED STATES DEPARTMENT OF LABOR, UNITED STATES DEPARTMENT OF THE TREASURY. (Attachments: # 1 Certification of Administrative Record, # 2 Index of Administrative Record)(Berwick, Benjamin) (Entered: 10/17/2013)

Oct. 17, 2013

Oct. 17, 2013

PACER
13

Memorandum in opposition to re 8 MOTION for Summary Judgment filed by JACOB J. LEW, THOMAS E. PEREZ, KATHLEEN SEBELIUS, UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES, UNITED STATES DEPARTMENT OF LABOR, UNITED STATES DEPARTMENT OF THE TREASURY. (Attachments: # 1 Statement of Facts Defendants' Response to Plaintiffs' Statement of Facts)(Berwick, Benjamin) (Entered: 10/17/2013)

Oct. 17, 2013

Oct. 17, 2013

PACER
14

MOTION to Dismiss, MOTION to Dismiss for Lack of Jurisdiction, Cross MOTION for Summary Judgment by JACOB J. LEW, THOMAS E. PEREZ, KATHLEEN SEBELIUS, UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES, UNITED STATES DEPARTMENT OF LABOR, UNITED STATES DEPARTMENT OF THE TREASURY (Attachments: # 1 Statement of Facts, # 2 Memorandum in Support, # 3 Text of Proposed Order)(Berwick, Benjamin) (Entered: 10/17/2013)

Oct. 17, 2013

Oct. 17, 2013

PACER
15

LCvR 7.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by AMERICAN CIVIL LIBERTIES UNION (Mach, Daniel) (Entered: 10/21/2013)

Oct. 21, 2013

Oct. 21, 2013

PACER
16

MOTION for Leave to File Amicus Curiae Brief by AMERICAN CIVIL LIBERTIES UNION (Attachments: # 1 Exhibit Proposed Amicus Brief, # 2 Text of Proposed Order)(Mach, Daniel) (Entered: 10/21/2013)

Oct. 21, 2013

Oct. 21, 2013

PACER

NOTICE OF ERROR re 16 Motion for Leave to File; emailed to dmach@aclu.org, cc'd 7 associated attorneys -- The PDF file you docketed contained errors: 1. DO NOT REFILE-When adding parties, addresses are never added (jf, )

Oct. 22, 2013

Oct. 22, 2013

PACER
17

RESPONSE re 16 MOTION for Leave to File Amicus Curiae Brief re ACLU filed by ALVEDA KING, JANET MORANA, FRANK PAVONE, PRIESTS FOR LIFE. (Attachments: # 1 Text of Proposed Order)(Yerushalmi, David) (Entered: 10/22/2013)

Oct. 22, 2013

Oct. 22, 2013

PACER

MINUTE ORDER granting 16 Motion for Leave to File Memorandum as Amicus Curiae. It is hereby ORDERED that the motion filed by the American Civil Liberties Union is GRANTED, and the Clerk shall accept the amicus curiae brief for filing in this case. It is further ORDERED that the plaintiffs shall file their opposition to the brief, if any, on or before November 1, 2013. Signed by Judge Emmet G. Sullivan on October 25, 2013. (lcegs4)

Oct. 25, 2013

Oct. 25, 2013

PACER
18

AMICUS BRIEF by AMERICAN CIVIL LIBERTIES UNION. (jf, ) (Entered: 10/27/2013)

Oct. 25, 2013

Oct. 25, 2013

PACER

Set/Reset Deadlines: Plaintiff's Opposition due by 11/1/2013. (mac)

Oct. 28, 2013

Oct. 28, 2013

PACER
19

RESPONSE re 14 MOTION to Dismiss MOTION to Dismiss for Lack of Jurisdiction filed by ALVEDA KING, JANET MORANA, FRANK PAVONE, PRIESTS FOR LIFE. (Attachments: # 1 Statement of Facts Plaintiffs' Response to Defendants' Statement of Material Facts, # 2 Exhibit 5--Supplemental Declaration of Priests for Life, # 3 Exhibit 6--Supplemental Declaration of Robert J. Muise w/ Exhibits A through D)(Muise, Robert) Modified on 10/31/2013 (jf, ). (Entered: 10/31/2013)

Oct. 31, 2013

Oct. 31, 2013

PACER

8 as the motion (jf, )

Oct. 31, 2013

Oct. 31, 2013

PACER
20

REPLY to opposition to motion re 8 MOTION for Summary Judgment filed by ALVEDA KING, JANET MORANA, FRANK PAVONE, PRIESTS FOR LIFE. (Muise, Robert) (Entered: 10/31/2013)

Oct. 31, 2013

Oct. 31, 2013

PACER

MINUTE ORDER. In view of the D.C. Circuit's decision issued today in Gilardi v. HHS, Case 13-5069, the parties are hereby directed to address the impact, vel non, of the decision on this case. The parties shall file submissions, not to exceed ten pages each, by no later than November 5, 2013 at noon. SO ORDERED. Signed by Judge Emmet G. Sullivan on November 1, 2013. (lcegs4)

Nov. 1, 2013

Nov. 1, 2013

PACER
21

Joint MOTION for Extension of Time to File Briefs Addressing the Impact of Gilardi v. HHS by JACOB J. LEW, THOMAS E. PEREZ, KATHLEEN SEBELIUS, UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES, UNITED STATES DEPARTMENT OF LABOR, UNITED STATES DEPARTMENT OF THE TREASURY (Attachments: # 1 Text of Proposed Order)(Berwick, Benjamin) (Entered: 11/01/2013)

Nov. 1, 2013

Nov. 1, 2013

PACER

MINUTE ORDER granting 21 Joint Motion for Extension of Time to address the impact of Gilardi v. HHS. The defendants shall address the decision in their reply in support of their motion to dismiss or for summary judgment, and the plaintiffs shall address the decision in a separate brief not to exceed 10 pages, to be filed by no later than November 12, 2013. Signed by Judge Emmet G. Sullivan on November 2, 2013. (lcegs4)

Nov. 2, 2013

Nov. 2, 2013

PACER

Set/Reset Deadlines: Submissions due by 11/5/2013. (mac)

Nov. 4, 2013

Nov. 4, 2013

PACER
22

SUPPLEMENTAL MEMORANDUM to re Order, directing the parties to address the impact of Gilardi v U.S. Dep't of Health & Human Services on the case filed by ALVEDA KING, JANET MORANA, FRANK PAVONE, PRIESTS FOR LIFE. (Muise, Robert) (Entered: 11/12/2013)

Nov. 12, 2013

Nov. 12, 2013

PACER
23

REPLY to opposition to motion re 14 MOTION to Dismiss MOTION to Dismiss for Lack of Jurisdiction Cross MOTION for Summary Judgment filed by JACOB J. LEW, THOMAS E. PEREZ, KATHLEEN SEBELIUS, UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES, UNITED STATES DEPARTMENT OF LABOR, UNITED STATES DEPARTMENT OF THE TREASURY. (Berwick, Benjamin) (Entered: 11/12/2013)

Nov. 12, 2013

Nov. 12, 2013

PACER

MINUTE ORDER. Due to unforeseen circumstances, including the briefing delays which occurred as a result of the government shut down, the motions hearing in this matter is hereby rescheduled to December 9, 2013 at 10:00 AM in Courtroom 24A. The Court regrets any inconvenience to the parties. SO ORDERED. Signed by Judge Emmet G. Sullivan on November 15, 2013. (lcegs1)

Nov. 15, 2013

Nov. 15, 2013

PACER
24

NOTICE OF SUPPLEMENTAL AUTHORITY by ALVEDA KING, JANET MORANA, FRANK PAVONE, PRIESTS FOR LIFE (Muise, Robert) (Entered: 11/19/2013)

Nov. 19, 2013

Nov. 19, 2013

PACER
25

NOTICE OF SUPPLEMENTAL AUTHORITY by ALVEDA KING, JANET MORANA, FRANK PAVONE, PRIESTS FOR LIFE (Muise, Robert) (Entered: 11/25/2013)

Nov. 25, 2013

Nov. 25, 2013

PACER
26

RESPONSE re 24 NOTICE OF SUPPLEMENTAL AUTHORITY filed by JACOB J. LEW, THOMAS E. PEREZ, KATHLEEN SEBELIUS, UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES, UNITED STATES DEPARTMENT OF LABOR, UNITED STATES DEPARTMENT OF THE TREASURY. (Berwick, Benjamin) (Entered: 11/25/2013)

Nov. 25, 2013

Nov. 25, 2013

PACER

MINUTE ORDER. The Court, sua sponte, directs the parties to address the impact on this case, vel non, of the Supreme Court's grant of the petitions for certiorari in the Hobby Lobby and Conestoga Wood cases. The parties shall file brief memoranda, not to exceed four pages, addressing this question by no later than December 3, 2013 at 4:00 PM. SO ORDERED. Signed by Judge Emmet G. Sullivan on November 26, 2013. (lcegs2)

Nov. 26, 2013

Nov. 26, 2013

PACER

Set/Reset Deadlines: Brief Memoranda due by 12/3/2013. (mac)

Nov. 27, 2013

Nov. 27, 2013

PACER
27

RESPONSE re 25 NOTICE OF SUPPLEMENTAL AUTHORITY filed by JACOB J. LEW, THOMAS E. PEREZ, KATHLEEN SEBELIUS, UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES, UNITED STATES DEPARTMENT OF LABOR, UNITED STATES DEPARTMENT OF THE TREASURY. (Berwick, Benjamin) (Entered: 12/02/2013)

Dec. 2, 2013

Dec. 2, 2013

RECAP
28

SUPPLEMENTAL MEMORANDUM to re Order, directing the parties to address the impact, vel non, of the U.S. Supreme Court granting petitions for writs of certiorari in Hobby Lobby & Conestoga cases filed by ALVEDA KING, JANET MORANA, FRANK PAVONE, PRIESTS FOR LIFE. (Muise, Robert) (Entered: 12/02/2013)

Dec. 2, 2013

Dec. 2, 2013

PACER
29

RESPONSE TO ORDER OF THE COURT re Order, directing the parties to address the impact, vel non, of the U.S. Supreme Court granting petitions for writs of certiorari in Hobby Lobby & Conestoga cases filed by JACOB J. LEW, THOMAS E. PEREZ, KATHLEEN SEBELIUS, UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES, UNITED STATES DEPARTMENT OF LABOR, UNITED STATES DEPARTMENT OF THE TREASURY. (Berwick, Benjamin) (Entered: 12/03/2013)

Dec. 3, 2013

Dec. 3, 2013

PACER

MINUTE ORDER. In light of the ongoing snow and ice storm which is expected to last through Sunday night, the Court, sua sponte, reschedules the hearing currently scheduled for December 9, 2013 at 10:00 AM to December 9, 2013 at 12:00 PM in Courtroom 24A. PLEASE NOTE THE TIME CHANGE. Signed by Judge Emmet G. Sullivan on December 8, 2013. (lcegs4)

Dec. 8, 2013

Dec. 8, 2013

PACER

Minute Entry for proceedings held before Judge Emmet G. Sullivan. Motion Hearing held on 12/9/2013 re 14 MOTION to Dismiss 8 MOTION for Summary Judgment and 7 MOTION for Preliminary Injunction. (Court Reporter BRYAN WAYNE.) (mac)

Dec. 9, 2013

Dec. 9, 2013

PACER
30

NOTICE of Proposed Language for Injunction Per the Court's Request by ALVEDA KING, JANET MORANA, FRANK PAVONE, PRIESTS FOR LIFE (Muise, Robert) (Entered: 12/10/2013)

Dec. 10, 2013

Dec. 10, 2013

PACER

MINUTE ORDER. During the motions hearing on December 9, 2013, the government raised for the first time statutory/regulatory provisions which, according to the government, provide that if Priests for Life does not elect to proceed under the accommodations to the contraceptive services mandate, its issuer will be required to provide the coverage under Priests for Life's plan of benefits and may charge Priests for Life the costs of the coverage. The government is directed to file a supplemental memorandum identifying the relevant provisions, explaining their operation, and setting forth the consequences, if any, that they have on any portion of this case. The government shall file its memorandum, not to exceed 5 pages, by no later than 5:00 pm on December 13, 2013. If plaintiffs wish to respond, they may file a supplemental memorandum limited to this issue, not to exceed 5 pages, by no later than 5:00 pm on December 16, 2013. Signed by Judge Emmet G. Sullivan on December 12, 2013. (lcegs4)

Dec. 12, 2013

Dec. 12, 2013

PACER

Set/Reset Deadlines: Government's Supplemental Memorandum due by 12/13/2013. Plaintiff Response due by 12/16/2013. (mac)

Dec. 13, 2013

Dec. 13, 2013

PACER
31

SUPPLEMENTAL MEMORANDUM to re Order,,,, filed by JACOB J. LEW, THOMAS E. PEREZ, KATHLEEN SEBELIUS, UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES, UNITED STATES DEPARTMENT OF LABOR, UNITED STATES DEPARTMENT OF THE TREASURY. (Berwick, Benjamin) (Entered: 12/13/2013)

Dec. 13, 2013

Dec. 13, 2013

PACER
32

SUPPLEMENTAL MEMORANDUM to re Order,,,, filed by ALVEDA KING, JANET MORANA, FRANK PAVONE, PRIESTS FOR LIFE. (Muise, Robert) (Entered: 12/16/2013)

Dec. 16, 2013

Dec. 16, 2013

PACER
33

NOTICE OF SUPPLEMENTAL AUTHORITY by ALVEDA KING, JANET MORANA, FRANK PAVONE, PRIESTS FOR LIFE (Attachments: # 1 Memorandum Decision & Order)(Muise, Robert) (Entered: 12/16/2013)

Dec. 16, 2013

Dec. 16, 2013

PACER
34

RESPONSE re 33 NOTICE OF SUPPLEMENTAL AUTHORITY filed by JACOB J. LEW, THOMAS E. PEREZ, KATHLEEN SEBELIUS, UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES, UNITED STATES DEPARTMENT OF LABOR, UNITED STATES DEPARTMENT OF THE TREASURY. (Berwick, Benjamin) (Entered: 12/17/2013)

Dec. 17, 2013

Dec. 17, 2013

PACER
35

ORDER granting 14 Defendants' Motion to Dismiss; denying as moot 8, 14 the parties' cross motions for summary judgment. Signed by Judge Emmet G. Sullivan on December 19, 2013. (lcegs4) (Entered: 12/19/2013)

Dec. 19, 2013

Dec. 19, 2013

PACER
36

MEMORANDUM AND OPINION. Signed by Judge Emmet G. Sullivan on December 19, 2013. (lcegs4) (Entered: 12/19/2013)

Dec. 19, 2013

Dec. 19, 2013

RECAP
37

NOTICE OF APPEAL TO DC CIRCUIT COURT as to 35 Order on Motion for Preliminary Injunction, Order on Motion for Summary Judgment, Order on Motion to Dismiss, Order on Motion to Dismiss/Lack of Jurisdiction, by ALVEDA KING, JANET MORANA, FRANK PAVONE, PRIESTS FOR LIFE. Filing fee $ 505, receipt number 0090-3570500. Fee Status: Fee Paid. Parties have been notified. (Muise, Robert) (Entered: 12/19/2013)

Dec. 19, 2013

Dec. 19, 2013

PACER
38

Transmission of the Notice of Appeal, Order Appealed, and Docket Sheet to US Court of Appeals. The Court of Appeals fee was paid this date re 37 Notice of Appeal to DC Circuit Court,. (jf, ) (Entered: 12/22/2013)

Dec. 22, 2013

Dec. 22, 2013

PACER

USCA Case Number 13-5368 for 37 Notice of Appeal to DC Circuit Court, filed by FRANK PAVONE, ALVEDA KING, JANET MORANA, PRIESTS FOR LIFE. (jf, )

Dec. 27, 2013

Dec. 27, 2013

PACER
39

NOTICE of Order of Transcript per D.C. Cir. L.R. 10(b)(1)(A)(iii) by ALVEDA KING, JANET MORANA, FRANK PAVONE, PRIESTS FOR LIFE (Yerushalmi, David) (Entered: 01/02/2014)

Jan. 2, 2014

Jan. 2, 2014

PACER
40

Supplemental Record on Appeal transmitted to US Court of Appeals re 39 Notice of Order of Transcript per D.C. Cir. L.R. 10(b)(1)(A)(iii) ) ;USCA Case Number 13-5368. (jf, ) (Entered: 01/02/2014)

Jan. 2, 2014

Jan. 2, 2014

PACER
41

TRANSCRIPT OF MOTIONS HEARING before Judge Emmet G. Sullivan, held on December 9, 2013. Page Numbers: 1-77. Date of Issuance: 01/14/2014. Court Reporter: Bryan A. Wayne, telephone number: 202-354-3186. Court Reporter email address: bryanawayne@yahoo.com. For the first 90 days after this filing date, the transcript may be viewed at the courthouse at a public terminal or purchased from the court reporter referenced above. After 90 days, the transcript may be accessed via PACER. Other transcript formats, (multi-page, condensed, CD or ASCII) may be purchased from the court reporter.NOTICE RE REDACTION OF TRANSCRIPTS: The parties have twenty-one days to file with the court and the court reporter any request to redact personal identifiers from this transcript. If no such requests are filed, the transcript will be made available to the public via PACER without redaction after 90 days. The policy, which includes the five personal identifiers specifically covered, is located on our website at ww.dcd.uscourts.gov. Redaction Request due 2/4/2014. Redacted Transcript Deadline set for 2/14/2014. Release of Transcript Restriction set for 4/14/2014. (Wayne, Bryan) (Entered: 01/14/2014)

Jan. 14, 2014

Jan. 14, 2014

PACER
42

NOTICE of Appearance by Elizabeth Lanier Kade on behalf of All Defendants (Kade, Elizabeth) (Entered: 07/30/2015)

July 30, 2015

July 30, 2015

PACER

Case Details

State / Territory: District of Columbia

Case Type(s):

Speech and Religious Freedom

Special Collection(s):

Contraception Insurance Mandate

Multi-LexSum (in sample)

Key Dates

Filing Date: Aug. 19, 2013

Closing Date: 2017

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Plaintiff organization is a non-profit Catholic group organized in opposition to abortion.

Plaintiff Type(s):

Private Plaintiff

Non-profit religious organization

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

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

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

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

Defendant Type(s):

Jurisdiction-wide

Hospital/Health Department

Case Details

Causes of Action:

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

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

Constitutional Clause(s):

Free Exercise Clause

Establishment Clause

Equal Protection

Availably Documents:

Trial Court Docket

Complaint (any)

Non-settlement Outcome

Any published opinion

Outcome

Prevailing Party: Unknown

Nature of Relief:

Unknown

Source of Relief:

Settlement

Form of Settlement:

Voluntary Dismissal

Content of Injunction:

Preliminary relief denied

Issues

General:

Abortion

Contraception

Religious programs / policies

Discrimination-basis:

Religion discrimination