Case: Priests for Life v. Sebelius

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

Priests for Life

Supreme Court of the United States

Supreme Court of the United States

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

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

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)

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)

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)

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

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)

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)

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)

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

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)

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)

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)

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)

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)

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)

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

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)

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)

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)

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

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)

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, )

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)

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)

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

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

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)

8 as the motion (jf, )

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)

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)

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)

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)

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

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)

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)

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)

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

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

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)

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)

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

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)

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)

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)

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)

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)

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)

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)

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

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)

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

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)

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)

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)

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

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)

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)

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, )

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)

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)

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)

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