Case: ACLU of Northern California v. Burwell [later Hargan, Azar]

3:16-cv-03539 | U.S. District Court for the Northern District of California

Filed Date: June 24, 2016

Closed Date: Nov. 16, 2018

Clearinghouse coding complete

Case Summary

On June 24, 2016, the American Civil Liberties Union of Northern California filed this lawsuit in the U.S. District Court for the Northern District of California. The ACLU sued the Secretary of the Department of Health and Human Services (HHS), alleging a violation of its First Amendment rights. Specifically, the ACLU argued that HHS violated the constitutional restriction on state establishment of religion by allowing the use of taxpayer funds, including the individual taxes paid by ACLU membe…

On June 24, 2016, the American Civil Liberties Union of Northern California filed this lawsuit in the U.S. District Court for the Northern District of California. The ACLU sued the Secretary of the Department of Health and Human Services (HHS), alleging a violation of its First Amendment rights. Specifically, the ACLU argued that HHS violated the constitutional restriction on state establishment of religion by allowing the use of taxpayer funds, including the individual taxes paid by ACLU members, to impose religiously based restrictions on noncitizens.

The ACLU sought a declaration and permanent injunction, requesting that the court order HHS to ensure that grants by its component agency, the Office of Refugee Resettlement (ORR), be implemented without religious restrictions. The case was assigned to Magistrate Judge Laurel Beeler.

In its complaint, the ACLU alleged that HHS, in order to achieve its statutory obligation under the Homeland Security Act and the William Wilberforce Trafficking Victims Protection Reauthorization Act (TVPRA) to ensure the best interests of unaccompanied immigrant minors, authorizes ORR to administer federally funded grants to private organizations that provide care and custody for these minors. Some of these grant recipients are religious organizations, most prominently the U.S. Conference of Conference Bishops (USCCB), which allocates its grant money to many sub-grantee Catholic organizations throughout the country. The USCCB's sub-grantees, as well as other religious organizations running custody programs, object to contraception and abortion on religious grounds. They therefore refuse to facilitate minors' access to reproductive healthcare while in custody.

The ACLU further argued that, under both statutory law and because of the unique situation of women who end up in immigration custody, many being the survivors of sexual assault, the women are entitled to reproductive healthcare. If they try to access such services while in custody under USCCB's sub-grantees, however, the religious organizations deny them access and sometimes transfer them to other secular custody programs, even if the transfers are not in their best interest.

These restrictions, the ACLU alleged, violate not only the First Amendment (a violation which directly injures taxpayers) but also the Flores v. Reno agreement, and an ORR regulation implementing the Prison Rape Elimination Act (PREA) and the Violence Against Women Act (VAWA). The agreement and regulation mandate that the defendant ensures that minor victims of sexual assault in immigration custody can access family planning services, post-assault care, and abortions.

The parties proceeded with discovery. On September 26, 2016, the defendants filed a motion to dismiss for lack of jurisdiction, citing a lack of standing. The Magistrate denied this motion on November 29, finding the ACLU had standing as a taxpayer. 2016 WL 6962871 (N.D. Cal. Nov. 29, 2016).

On December 15, 2016, the USCCB sought to intervene as a defendant, which the court allowed on February 7, 2017. 2017 WL 492833 (N.D. Cal. Feb. 7, 2017). On February 1, the ACLU filed an amended complaint. In addition to the earlier allegations, the ACLU asserted that the defendants refused to help trafficking victims obtain reproductive health services and apply for visas for same-sex spouses.

On March 9, the defendants moved to transfer the case to the U.S. District Court for the District of Columbia. The defendants argued that the case had no meaningful tie to the Northern District of California, whereas the parties (including ACLU National), witnesses, and operative facts were located in the District of Columbia. In response, the ACLU argued that the case should stay in the Northern District of California where the ACLU of Northern California and its members were located, where unconstitutional activity had partly taken place, and where the court was already familiar with the matter.

Magistrate Judge Beeler held an April 27 hearing and issued an order the next day, denying the defendants' motion to transfer the case. She held that the defendants had not overcome the deference afforded to the ACLU's choice of forum. 2017 WL 1540606 (N.D. Cal. Apr. 28, 2017).

On October 6, 2017, the ACLU moved for a temporary restraining order (TRO), amendment of the complaint, and class certification. The ACLU was responding to the federal government’s March 2017 policies preventing shelters from taking any actions facilitating access to abortions, including transportation to medical appointments, without signed approval from the ORR Director. In response, the ACLU sought to add a new plaintiff (who was at a federally funded, secular shelter in Texas) as class representative for a nationwide class of pregnant unaccompanied minors, plus new class claims for injunctive relief due to violations of the minors’ Fifth Amendment right to privacy and liberty and First Amendment right to be free from compelled speech (by being forced to discuss their decision to have an abortion with a crisis pregnancy center). The ACLU also sought a TRO compelling the defendants to transport this plaintiff for a scheduled abortion on October 13.

Magistrate Judge Beeler held an October 11 motions hearing and issued an order. She denied all of the ACLU's motions, on the basis that the new plaintiff should bring a separate case – the plaintiff was not in the Northern District of California, none of the relevant events had happened there, and her claims were not "closely related" to the ACLU's Establishment Clause claim. (The ACLU has brought this case in the U.S. District Court for the District of Columbia as Garza v. Hargan, also in this Clearinghouse.) Judge Beeler also permitted several states (Louisiana, Missouri, Nebraska, Ohio, Oklahoma, South Carolina, Texas) to file amici briefs. 2017 WL 4551492 (N.D. Cal. Oct. 11, 2017).

Discovery ended on December 22, 2017. Over the next seven months, the parties prepared motions for summary judgment.

On October 11, 2018, Magistrate Judge Beeler issued an order denying the ACLU's motion for summary judgment and granting the defendants' cross-motions for summary judgment. 2018 WL 4945321. Judge Beeler stated that there was no evidence in the record that any unaccompanied minor or trafficking victim who wanted an abortion or contraception during the time period relevant to this case was unable to obtain them, nor was there evidence that any grant funding was used for any religious purpose. And, while the ACLU claimed that harm results when minors seeking abortion are transferred to secular shelters, the ACLU could not base its claim on alleged harms that it did not bear itself. Thus, Judge Beeler did not find an Establishment Clause violation, and entered judgment in favor of the defendants.

The case is closed.

Summary Authors

Ava Morgenstern (3/19/2018)

Sam Kulhanek (3/15/2020)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4495572/parties/american-civil-liberties-union-of-northern-california-v-burwell/


Judge(s)

Beeler, Laurel (California)

Attorney for Plaintiff

Amiri, Brigitte A. (New York)

Burrows, Meagan (New York)

Chou, Jennifer Ling (California)

Attorney for Defendant
Expert/Monitor/Master/Other

Dunn, Robert Edward (California)

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Documents in the Clearinghouse

Document

3:16-cv-03539

Docket [PACER]

ACLU of Northern California v. Burwell

Nov. 16, 2018

Nov. 16, 2018

Docket
1

3:16-cv-03539

Complaint

American Civil Liberties Union of Northern California v. Burwell

June 24, 2016

June 24, 2016

Complaint
25

3:16-cv-03539

Order Denying the Defendants' Motion to Dismiss

ACLU of Northern California v. Burwell

Nov. 29, 2016

Nov. 29, 2016

Order/Opinion
55

3:16-cv-03539

Plaintiff's Notice of Motion and Motion for Leave to File Amended Complaint

ACLU of Northern California v. Burwell

Feb. 1, 2017

Feb. 1, 2017

Pleading / Motion / Brief
57

3:16-cv-03539

First Amended Complaint

ACLU of Northern California v. Burwell

Feb. 2, 2017

Feb. 2, 2017

Complaint
58

3:16-cv-03539

Order Granting USCCB's Motion to Intervene

ACLU of Northern California v. Burwell

Feb. 7, 2017

Feb. 7, 2017

Order/Opinion
62

3:16-cv-03539

Defendants' Motion to Transfer Venue

American Civil Liberties Union of Northern California v. Burwell

March 9, 2017

March 9, 2017

Pleading / Motion / Brief
66

3:16-cv-03539

Plaintiffs' Opposition to Defendants' Motion to Transfer

ACLU of Northern California v. Price

March 23, 2017

March 23, 2017

Pleading / Motion / Brief
76

3:16-cv-03539

Order Denying the Defendants' Motion to Transfer

ACLU of Northern California v. Burwell

April 28, 2017

April 28, 2017

Order/Opinion
102

3:16-cv-03539

Order Denying Motions For Leave to Amend and a Temporary Restraining Order

ACLU of Northern California v. Burwell

Oct. 11, 2017

Oct. 11, 2017

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4495572/american-civil-liberties-union-of-northern-california-v-burwell/

Last updated Jan. 28, 2024, 3:14 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against Sylvia Mathews Burwell, Robert Carey, Mark Greenberg ( Filing fee $ 400, receipt number 0971-10555413.). Filed byAmerican Civil Liberties Union of Northern California. (Attachments: # 1 Civil Cover Sheet)(Hauss, Brian) (Filed on 6/24/2016) (Entered: 06/24/2016)

1 Civil Cover Sheet

View on RECAP

June 24, 2016

June 24, 2016

RECAP
2

Proposed Summons. (Hauss, Brian) (Filed on 6/24/2016) (Entered: 06/24/2016)

June 24, 2016

June 24, 2016

RECAP
3

Proposed Summons. (Hauss, Brian) (Filed on 6/24/2016) (Entered: 06/24/2016)

June 24, 2016

June 24, 2016

RECAP
4

Proposed Summons. (Hauss, Brian) (Filed on 6/24/2016) (Entered: 06/24/2016)

June 24, 2016

June 24, 2016

RECAP
5

MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 305, receipt number 0971-10555431.) filed by American Civil Liberties Union of Northern California. (Attachments: # 1 Exhibit Certificate of Good Standing)(Amiri, Brigitte) (Filed on 6/24/2016) (Entered: 06/24/2016)

1 Exhibit Certificate of Good Standing

View on PACER

June 24, 2016

June 24, 2016

PACER
6

Case assigned to Magistrate Judge Laurel Beeler. Counsel for plaintiff or the removing party is responsible for serving the Complaint or Notice of Removal, Summons and the assigned judge's standing orders and all other new case documents upon the opposing parties. For information, visit E-Filing A New Civil Case at http://cand.uscourts.gov/ecf/caseopening.Standing orders can be downloaded from the court's web page at www.cand.uscourts.gov/judges. Upon receipt, the summons will be issued and returned electronically. Counsel is required to send chambers a copy of the initiating documents pursuant to L.R. 5-1(e)(7). A scheduling order will be sent by Notice of Electronic Filing (NEF) within two business days. by 7/8/2016. (haS, COURT STAFF) (Filed on 6/24/2016) (Entered: 06/24/2016)

June 24, 2016

June 24, 2016

PACER
7

Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 9/15/2016. Case Management Conference set for 9/22/2016 11:00 AM in Courtroom C, 15th Floor, San Francisco. (farS, COURT STAFF) (Filed on 6/24/2016) (Entered: 06/24/2016)

June 24, 2016

June 24, 2016

RECAP
8

Summons Issued as to Sylvia Mathews Burwell, Robert Carey, Mark Greenberg. (Attachments: # 1 Summons, # 2 Summons)(farS, COURT STAFF) (Filed on 6/24/2016) (Entered: 06/24/2016)

1 Summons

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2 Summons

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June 24, 2016

June 24, 2016

PACER
9

NOTICE of Appearance by Elizabeth O. Gill, Jennifer Chou, and Melissa Goodman (Gill, Elizabeth) (Filed on 6/24/2016) (Entered: 06/24/2016)

June 24, 2016

June 24, 2016

RECAP
10

ORDER GRANTING APPLICATION FOR ADMISSION OF ATTORNEY PRO HAC VICE, Brigitte Amiri by Magistrate Judge Laurel Beeler: Granting 5 Motion for Pro Hac Vice. (lsS, COURT STAFF) (Filed on 6/27/2016) (Entered: 06/27/2016)

June 27, 2016

June 27, 2016

RECAP
11

CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by American Civil Liberties Union of Northern California.. (Chou, Jennifer) (Filed on 6/30/2016) (Entered: 06/30/2016)

June 30, 2016

June 30, 2016

RECAP
12

MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 305, receipt number 0971-10639925.) Filing fee previously paid on 7/27/16 filed by American Civil Liberties Union of Northern California. (Attachments: # 1 Exhibit Certificate of Good Standing)(Mach, Daniel) (Filed on 7/27/2016) (Entered: 07/27/2016)

1 Exhibit Certificate of Good Standing

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July 27, 2016

July 27, 2016

PACER
13

ORDER GRANTING APPLICATION FOR ADMISSION OF ATTORNEY PRO HAC VICE, Daniel Mach by Magistrate Judge Laurel Beeler: Granting 12 Motion for Pro Hac Vice. (lsS, COURT STAFF) (Filed on 7/28/2016) (Entered: 07/28/2016)

July 28, 2016

July 28, 2016

PACER
14

CERTIFICATE OF SERVICE by American Civil Liberties Union of Northern California re 8 Summons Issued as to Sylvia Mathews Burwell, Robert Carey, Mark Greenberg (Amiri, Brigitte) (Filed on 7/29/2016) (Entered: 07/29/2016)

July 29, 2016

July 29, 2016

RECAP
15

Certificate of Interested Entities by American Civil Liberties Union of Northern California (Chou, Jennifer) (Filed on 8/2/2016) (Entered: 08/02/2016)

Aug. 2, 2016

Aug. 2, 2016

RECAP
16

STIPULATION WITH PROPOSED ORDER SETTING BRIEFING SCHEDULE AND STAYING INITIAL DISCOVERY OBLIGATIONS filed by Sylvia Mathews Burwell, Robert Carey, Mark Greenberg. (Phipps, Peter) (Filed on 9/1/2016) (Entered: 09/01/2016)

Sept. 1, 2016

Sept. 1, 2016

PACER
17

CLERK'S NOTICE Re: Consent or Declination: Defendants shall file a consent or declination to proceed before a magistrate judge Consent/Declination due by 9/9/2016. Note that any party is free to withhold consent to proceed before a magistrate judge without adverse substantive consequences. (lsS, COURT STAFF) (Filed on 9/1/2016) (Entered: 09/01/2016)

Sept. 1, 2016

Sept. 1, 2016

PACER
18

STIPULATED ORDER SETTING BRIEFING SCHEDULE AND STAYING INTITIAL DISCOVERY by Magistrate Judge Laurel Beeler: Granting 16 Stipulation. Motion to Dismiss filing due by 9/27/2016; Plaintiff's Opposition due by 10/18/2016; Defendant's Reply due by 11/1/2016; Motion Hearing to be set for November 15, 2016. (lsS, COURT STAFF) (Filed on 9/2/2016) (Entered: 09/02/2016)

Sept. 2, 2016

Sept. 2, 2016

PACER
19

CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Sylvia Mathews Burwell, Robert Carey, Mark Greenberg.. (Phipps, Peter) (Filed on 9/8/2016) (Entered: 09/08/2016)

Sept. 8, 2016

Sept. 8, 2016

RECAP
20

MOTION to Dismiss for Lack of Jurisdiction filed by Sylvia Mathews Burwell, Robert Carey, Mark Greenberg. Motion Hearing set for 11/15/2016 09:30 AM in Courtroom C, 15th Floor, San Francisco before Magistrate Judge Laurel Beeler. Responses due by 10/18/2016. Replies due by 11/1/2016. (Attachments: # 1 Proposed Order)(Phipps, Peter) (Filed on 9/27/2016) (Entered: 09/27/2016)

1 Proposed Order

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Sept. 27, 2016

Sept. 27, 2016

RECAP
21

CLERK'S NOTICE RESETTING MOTION HEARING DATE ONLY: Motion Hearing set for 11/17/2016 at 9:30 AM in Courtroom C, 15th Floor, San Francisco before Magistrate Judge Laurel Beeler. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ls, COURT STAFF) (Filed on 9/28/2016) (Entered: 09/28/2016)

Sept. 28, 2016

Sept. 28, 2016

PACER

Set Motion and Deadlines/Hearings No NEF

Sept. 28, 2016

Sept. 28, 2016

PACER

Set/Reset Deadlines as to 20 MOTION to Dismiss for Lack of Jurisdiction . Opposition due by 10/18/2016. Replies due by 11/1/2016. Motion Hearing set for 11/17/2016 at 9:30 AM in Courtroom C, 15th Floor, San Francisco before Magistrate Judge Laurel Beeler. (lsS, COURT STAFF) (Filed on 9/28/2016)

Sept. 28, 2016

Sept. 28, 2016

PACER
22

RESPONSE (re 20 MOTION to Dismiss for Lack of Jurisdiction ) filed byAmerican Civil Liberties Union of Northern California. (Hauss, Brian) (Filed on 10/18/2016) (Entered: 10/18/2016)

Oct. 18, 2016

Oct. 18, 2016

RECAP
23

REPLY (re 20 MOTION to Dismiss for Lack of Jurisdiction ) filed bySylvia Mathews Burwell, Robert Carey, Mark Greenberg. (Phipps, Peter) (Filed on 11/1/2016) (Entered: 11/01/2016)

Nov. 1, 2016

Nov. 1, 2016

PACER

Set/Reset Hearing Motion Hearing set for 11/21/2016 09:30 AM in Courtroom C, 15th Floor, San Francisco before Magistrate Judge Laurel Beeler. The court has a scheduling conflict out of the district on 11/17/2016 and 11/18/2016 and thus resets the motion hearing for 11/21/2016 at 9:30 a.m. The court realizes that the new hearing date is during Thanksgiving week and thus may be inconvenient for the parties. They may reset the hearing by stipulation to any morning in November at 9:30 a.m. or any Thursday at 9:30 a.m. in December. (Beeler, Laurel) (Filed on 11/9/2016)

Nov. 9, 2016

Nov. 9, 2016

PACER

Set/Reset Hearings

Nov. 9, 2016

Nov. 9, 2016

PACER

Set/Reset Deadlines as to 20 Motion to Dismiss for Lack of Jurisdiction . Motion Hearing set for 11/21/2016 at 9:30 AM in Courtroom C, 15th Floor, San Francisco before Magistrate Judge Laurel Beeler. (lsS, COURT STAFF) (Filed on 11/14/2016)

Nov. 14, 2016

Nov. 14, 2016

PACER

Set Motion and Deadlines/Hearings No NEF

Nov. 14, 2016

Nov. 14, 2016

PACER
24

Minute Entry for proceedings held before Magistrate Judge Laurel Beeler: Motion Hearing held on 11/21/2016 - Re 20 Motion to Dismiss for Lack of Jurisdiction filed by Sylvia Mathews Burwell, Robert Carey, Mark Greenberg. Court will issue an order. (Digital FTR Recording: 10:46-11:22) Plaintiff Attorney: Brigitte Amiri and Jennifer Chou. Defendant Attorney: Peter J. Phipps. This is a text only Minute Entry. (lsS, COURT STAFF) (Date Filed: 11/21/2016) Modified on 12/19/2016: Matter transcribed by Joan Columbini. (rjdS, COURT STAFF). (Entered: 11/21/2016)

Nov. 21, 2016

Nov. 21, 2016

PACER
25

Order denying 20 Motion to Dismiss for Lack of Jurisdiction entered by Magistrate Judge Laurel Beeler. The attached order denies the motion to dismiss and finds that the ACLU has taxpayer standing. The court also sets an initial case-management conference for 12/15/2016 at 11 a.m. The parties previously stipulated that their schedule would resume within three weeks of the court's order. (See ECF No. 18 at 2). The schedule includes their initial conference regarding discovery and ADR, the Rule 26(f) report, and the initial case-management conference. (See id.) Given that the case is not calendared now, the court sets the initial case-management conference. The parties may change that date by stipulation to any Thursday at 11 a.m. The parties must confer by 12/1/2016 and submit any case-management statement or stipulation by 12/8/2016. (Entered: 11/29/2016)

Nov. 29, 2016

Nov. 29, 2016

RECAP

Set/Reset Hearings

Nov. 29, 2016

Nov. 29, 2016

PACER

Set/Reset Hearing Initial Case Management Conference set for 12/15/2016 11:00 AM in Courtroom C, 15th Floor, San Francisco. (Beeler, Laurel) (Filed on 11/29/2016)

Nov. 29, 2016

Nov. 29, 2016

PACER
26

STIPULATION WITH PROPOSED ORDER RESCHEDULING STATUS CONFERENCE AND PERMITTING TELEPHONIC PARTICIPATION filed by Sylvia Mathews Burwell, Robert Carey, Mark Greenberg. (Phipps, Peter) (Filed on 12/9/2016) Modified on 12/9/2016 (farS, COURT STAFF). (Entered: 12/09/2016)

Dec. 9, 2016

Dec. 9, 2016

PACER
27

STIPULATION AND ORDER RESCHEDULING STATUS CONFERENCE AND PERMITTING TELEPHONIC PARTICIPATION by Magistrate Judge Laurel Beeler: Granting 26 Stipulation. A Joint Case Management Statement due by 12/16/2016. Case Management Conference set for 12/22/2016 at 11:00 AM in Courtroom C, 15th Floor, San Francisco. Counsel to make arrangements through CourtCall. (ls, COURT STAFF) (Filed on 12/12/2016) (Entered: 12/12/2016)

Dec. 12, 2016

Dec. 12, 2016

PACER
28

ADR Clerk's Notice re: Non-Compliance with Court Order (ewh, COURT STAFF) (Filed on 12/13/2016) (Entered: 12/13/2016)

Dec. 13, 2016

Dec. 13, 2016

PACER
29

MOTION to Intervene as defendant filed by United States Conference of Catholic Bishops. Motion Hearing set for 1/19/2017 09:00 AM in Courtroom C, 15th Floor, San Francisco before Magistrate Judge Laurel Beeler. Responses due by 12/29/2016. Replies due by 1/5/2017. (Attachments: # 1 Exhibit USCCB's Proposed Answer, # 2 Proposed Order)(Dunn, Robert) (Filed on 12/15/2016) (Entered: 12/15/2016)

1 Exhibit USCCB's Proposed Answer

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2 Proposed Order

View on PACER

Dec. 15, 2016

Dec. 15, 2016

RECAP
30

NOTICE of Appearance by Robert Edward Dunn (Dunn, Robert) (Filed on 12/15/2016) (Entered: 12/15/2016)

Dec. 15, 2016

Dec. 15, 2016

PACER
31

NOTICE of Appearance by Eugene Scalia (Scalia, Eugene) (Filed on 12/15/2016) (Entered: 12/15/2016)

Dec. 15, 2016

Dec. 15, 2016

PACER
32

CLERK'S NOTICE RESETTING HEARING TIME: Initial Case Management Conference set for 12/22/2016 at 9:30 AM in Courtroom C, 15th Floor, San Francisco. Counsel may appear by phone. Counsel to make arrangements through CourtCall. (This is a text-only entry generated by the court. There is no document associated with this entry.) (lsS, COURT STAFF) (Filed on 12/16/2016) (Entered: 12/16/2016)

Dec. 16, 2016

Dec. 16, 2016

PACER

Set Motion and Deadlines/Hearings No NEF

Dec. 16, 2016

Dec. 16, 2016

PACER
33

CLERK'S NOTICE RESETTING HEARING TIME ONLY: Motion Hearing reset to 1/19/2017 at 9:30 AM in Courtroom C, 15th Floor, San Francisco before Magistrate Judge Laurel Beeler. (lsS, COURT STAFF) (Filed on 12/16/2016) (Entered: 12/16/2016)

Dec. 16, 2016

Dec. 16, 2016

PACER

Set/Reset Deadlines as to 29 MOTION to Intervene as defendant. Motion Hearing set for 1/19/2017 at 9:30 AM in Courtroom C, 15th Floor, San Francisco before Magistrate Judge Laurel Beeler. (lsS, COURT STAFF) (Filed on 12/16/2016)

Dec. 16, 2016

Dec. 16, 2016

PACER
34

TRANSCRIPT ORDER for proceedings held on 11/21/2016 before Magistrate Judge Laurel Beeler by American Civil Liberties Union of Northern California, for Court Reporter FTR - San Francisco. (Amiri, Brigitte) (Filed on 12/16/2016) (Entered: 12/16/2016)

Dec. 16, 2016

Dec. 16, 2016

PACER
35

CASE MANAGEMENT STATEMENT (Joint) filed by Sylvia Mathews Burwell, Robert Carey, Mark Greenberg. (Phipps, Peter) (Filed on 12/16/2016) (Entered: 12/16/2016)

Dec. 16, 2016

Dec. 16, 2016

RECAP
36

CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by United States Conference of Catholic Bishops.. (Dunn, Robert) (Filed on 12/18/2016) (Entered: 12/18/2016)

Dec. 18, 2016

Dec. 18, 2016

PACER
37

ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options by Plaintiff (Amiri, Brigitte) (Filed on 12/20/2016) (Entered: 12/20/2016)

Dec. 20, 2016

Dec. 20, 2016

PACER
38

ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Phipps, Peter) (Filed on 12/21/2016) (Entered: 12/21/2016)

Dec. 21, 2016

Dec. 21, 2016

RECAP
39

NOTICE of need for ADR Phone Conference (ADR L.R. 3-5 d) (Phipps, Peter) (Filed on 12/22/2016) (Entered: 12/22/2016)

Dec. 22, 2016

Dec. 22, 2016

RECAP
40

Minute Entry for proceedings held before Magistrate Judge Laurel Beeler: Initial Case Management Conference via CourtCall held on 12/22/2016. Court will issue a Case-Management and Pretrial Order. (Not Reported) Plaintiff Attorney: Bridgitte Amiri and Jennifer Chou. Defendant Attorney: Peter Phipps and Daniel Nowicki. This is a text only Minute Entry. (ls, COURT STAFF) (Date Filed: 12/22/2016) (Entered: 12/22/2016)

Dec. 22, 2016

Dec. 22, 2016

PACER
41

CASE-MANAGEMENT AND PRETRIAL ORDER (Bench): Bench Trial set for 3/26/2018 at 8:30 AM before Magistrate Judge Laurel Beeler. Further Case Management Conference set for 3/23/2017 at 11:00 AM in Courtroom C, 15th Floor, San Francisco. Last day for dispositive Motions Hearing/or/Further Case Management Conference set for 12/7/2017 at 9:30 AM in Courtroom C, 15th Floor, San Francisco before Magistrate Judge Laurel Beeler. Pretrial Conference set for 3/15/2018 at 1:00 PM in Courtroom C, 15th Floor, San Francisco before Magistrate Judge Laurel Beeler. Amended Pleadings due by 2/20/2017. A Joint Case Management Statement (with updated information only) due by 3/16/2017. Discovery due by 8/18/2017. Bench Trial set for 3/27/2018 at 8:30 AM before Magistrate Judge Laurel Beeler. Bench Trial set for 3/28/2018 at 8:30 AM before Magistrate Judge Laurel Beeler. Bench Trial set for 3/29/2018 at 8:30 AM before Magistrate Judge Laurel Beeler. Bench Trial set for 3/30/2018 at 8:30 AM before Magistrate Judge Laurel Beeler. Signed by Magistrate Judge Laurel Beeler on 12/22/2016. (lsS, COURT STAFF) (Filed on 12/22/2016) (Entered: 12/22/2016)

Dec. 22, 2016

Dec. 22, 2016

RECAP
42

MOTION for Extension of Time to File Response/Reply and Hearing Date; Proposed Order filed by American Civil Liberties Union of Northern California. (Attachments: # 1 Declaration in Support of Motion)(Amiri, Brigitte) (Filed on 12/23/2016) (Entered: 12/23/2016)

1 Declaration in Support of Motion

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Dec. 23, 2016

Dec. 23, 2016

RECAP
43

OPPOSITION/RESPONSE (re 42 MOTION for Extension of Time to File Response/Reply and Hearing Date; Proposed Order ) filed byUnited States Conference of Catholic Bishops. (Attachments: # 1 Declaration, # 2 Exhibit)(Dunn, Robert) (Filed on 12/23/2016) (Entered: 12/23/2016)

1 Declaration

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2 Exhibit

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Dec. 23, 2016

Dec. 23, 2016

PACER
44

Order re 42 Motion for Extension of Time to File Response/Reply entered by Magistrate Judge Laurel Beeler. The court will sort out the timing issues next Wednesday but issues this short order now to clarify that the opposition will not be due next week. The parties ought to get together by phone next Tuesday and try to sort this out. (This is a text-only entry generated by the court. There is no document associated with this entry.) (Entered: 12/24/2016)

Dec. 24, 2016

Dec. 24, 2016

PACER
45

STIPULATION WITH PROPOSED ORDER filed by United States Conference of Catholic Bishops. (Dunn, Robert) (Filed on 12/27/2016) (Entered: 12/27/2016)

Dec. 27, 2016

Dec. 27, 2016

PACER
46

ORDER by Magistrate Judge Laurel Beeler granting 45 Stipulation EXTENDING BRIEFING DEADLINES AND HEARING DATE FOR THE UNITED STATES CONFERENCE OF CATHOLICB ISHOPS MOTION TO INTERVENE. (ahm, COURT STAFF) (Filed on 12/28/2016) (Entered: 12/28/2016)

Dec. 28, 2016

Dec. 28, 2016

PACER

Set Motion and Deadlines/Hearings

Dec. 28, 2016

Dec. 28, 2016

PACER

Set/Reset Deadlines as to 29 MOTION to Intervene as defendant. Responses due by 1/12/2017. Replies due by 1/19/2017. Motion Hearing reset for 2/2/2017 at 09:30 AM in Courtroom C, 15th Floor, San Francisco before Magistrate Judge Laurel Beeler. (ahm, COURT STAFF) (Filed on 12/28/2016)

Dec. 28, 2016

Dec. 28, 2016

PACER
47

Transcript of Proceedings held on November 21, 2016, before Judge Laurel Beeler. Court Reporter/Transcriber Joan Marie Columbini, CSR, telephone number joan.columbini.csr@gmail.com 510-367-3043. Per General Order No. 59 and Judicial Conference policy, this transcript may be viewed only at the Clerk's Office public terminal or may be purchased through the Court Reporter/Transcriber until the deadline for the Release of Transcript Restriction. After that date it may be obtained through PACER. Any Notice of Intent to Request Redaction, if required, is due no later than 5 business days from date of this filing. (Re 34 Transcript Order ) Redaction Request due 1/19/2017. Redacted Transcript Deadline set for 1/30/2017. Release of Transcript Restriction set for 3/29/2017. (Related documents(s) 34 ) (Columbini, Joan) (Filed on 12/29/2016) (Entered: 12/29/2016)

Dec. 29, 2016

Dec. 29, 2016

PACER
48

TRANSCRIPT ORDER for proceedings held on 11/21/16 before Magistrate Judge Laurel Beeler by United States Conference of Catholic Bishops, for Court Reporter Joan Columbini. (Dunn, Robert) (Filed on 12/29/2016) (Entered: 12/29/2016)

Dec. 29, 2016

Dec. 29, 2016

PACER
49

OPPOSITION/RESPONSE (re 29 MOTION to Intervene as defendant ) filed byAmerican Civil Liberties Union of Northern California. (Hauss, Brian) (Filed on 1/12/2017) (Entered: 01/12/2017)

Jan. 12, 2017

Jan. 12, 2017

PACER
50

OPPOSITION/RESPONSE (re 29 MOTION to Intervene as defendant ) filed bySylvia Mathews Burwell, Robert Carey, Mark Greenberg. (Phipps, Peter) (Filed on 1/12/2017) (Entered: 01/12/2017)

Jan. 12, 2017

Jan. 12, 2017

PACER

Set/Reset Hearing Motion Hearing set for 2/2/2017 11:00 AM in Courtroom C, 15th Floor, San Francisco before Magistrate Judge Laurel Beeler. The court resets the time of the hearing from 9:30 a.m. to 11:00 a.m. to leave some room between the criminal and civil calendars. (Beeler, Laurel) (Filed on 1/18/2017)

Jan. 18, 2017

Jan. 18, 2017

PACER

Set/Reset Hearings

Jan. 18, 2017

Jan. 18, 2017

PACER
51

REPLY (re 29 MOTION to Intervene as defendant ) filed byUnited States Conference of Catholic Bishops. (Dunn, Robert) (Filed on 1/19/2017) (Entered: 01/19/2017)

Jan. 19, 2017

Jan. 19, 2017

PACER

Set/Reset Deadlines as to 29 MOTION to Intervene as defendant. Motion Hearing set for 2/2/2017 10:59 AM in Courtroom C, 15th Floor, San Francisco before Magistrate Judge Laurel Beeler. (tmiS, COURT STAFF) (Filed on 1/25/2017)

Jan. 25, 2017

Jan. 25, 2017

PACER

Set Motion and Deadlines/Hearings No NEF

Jan. 25, 2017

Jan. 25, 2017

PACER
52

STIPULATION WITH PROPOSED ORDER re 29 MOTION to Intervene as defendant for government counsel's telephonic participation at the hearing filed by Sylvia Mathews Burwell, Robert Carey, Mark Greenberg. (Phipps, Peter) (Filed on 1/26/2017) (Entered: 01/26/2017)

Jan. 26, 2017

Jan. 26, 2017

PACER
53

STIPULATION AND ORDER PERMITTING TELEPHONIC PARTICIPATION by Magistrate Judge Laurel Beeler: Granting 52 Stipulation. Counsel to make arrangements through CourtCall. (lsS, COURT STAFF) (Filed on 1/27/2017) (Entered: 01/27/2017)

Jan. 27, 2017

Jan. 27, 2017

PACER
54

NOTICE of Appearance by Daniel Stanley John Nowicki (Nowicki, Daniel) (Filed on 2/1/2017) (Entered: 02/01/2017)

Feb. 1, 2017

Feb. 1, 2017

PACER
55

First MOTION to Amend/Correct 1 Complaint, filed by American Civil Liberties Union of Northern California. Motion Hearing set for 3/9/2017 09:30 AM in Courtroom C, 15th Floor, San Francisco before Magistrate Judge Laurel Beeler. Responses due by 2/15/2017. Replies due by 2/22/2017. (Attachments: # 1 Declaration, # 2 Proposed Order, # 3 Exhibit)(Chou, Jennifer) (Filed on 2/1/2017) (Entered: 02/01/2017)

1 Declaration

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2 Proposed Order

View on PACER

3 Exhibit

View on PACER

Feb. 1, 2017

Feb. 1, 2017

PACER
56

Minute Entry for proceedings held before Magistrate Judge Laurel Beeler: Motion to Intervene and Motion to Amend/Correct Complaint Hearing held on 2/2/2017 - Re 29 Motion to Intervene and 55 First Motion to Amend/Correct 1 Complaint filed by American Civil Liberties Union of Northern California - Granting 55 Motion to Amend/Correct. Court will issue an order. Motion hearing set for March 9, 2017 is vacated. (Digital FTR Recording: 11:03-11:16) Plaintiff Attorney: Brian Hanss and Brigitte Amiri. Defendant Attorney: Peter Phipps (CourtCall). Intervenor: Robert Dunn and Daniel Nowicki. This is a text only Minute Entry. (lsS, COURT STAFF) (Date Filed: 2/2/2017) (Entered: 02/02/2017)

Feb. 2, 2017

Feb. 2, 2017

PACER
57

AMENDED COMPLAINT against All Defendants. Filed byAmerican Civil Liberties Union of Northern California. (Chou, Jennifer) (Filed on 2/2/2017) (Entered: 02/02/2017)

Feb. 2, 2017

Feb. 2, 2017

RECAP
58

Order by Magistrate Judge Laurel Beeler granting 29 Motion to Intervene. The court grants USCCB's motion for permissive intervention. (lblc1S, COURT STAFF) (Filed on 2/7/2017) (Entered: 02/07/2017)

Feb. 7, 2017

Feb. 7, 2017

RECAP
59

ANSWER to Amended Complaint byUnited States Conference of Catholic Bishops. (Dunn, Robert) (Filed on 2/16/2017) (Entered: 02/16/2017)

Feb. 16, 2017

Feb. 16, 2017

RECAP
60

ANSWER to Amended Complaint bySylvia Mathews Burwell, Robert Carey, Mark Greenberg. (Phipps, Peter) (Filed on 2/16/2017) (Entered: 02/16/2017)

Feb. 16, 2017

Feb. 16, 2017

RECAP
61

NOTICE of Appearance by Adam Grogg on behalf of defendants (Grogg, Adam) (Filed on 3/7/2017) (Entered: 03/07/2017)

March 7, 2017

March 7, 2017

PACER
62

MOTION to Transfer Case to the District Court for the District of Columbia filed by Sylvia Mathews Burwell, Robert Carey, Mark Greenberg. Motion Hearing set for 4/13/2017 09:30 AM in Courtroom C, 15th Floor, San Francisco before Magistrate Judge Laurel Beeler. Responses due by 3/23/2017. Replies due by 3/30/2017. (Attachments: # 1 Exhibit, # 2 Proposed Order)(Phipps, Peter) (Filed on 3/9/2017) (Entered: 03/09/2017)

1 Exhibit

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2 Proposed Order

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March 9, 2017

March 9, 2017

RECAP
63

CLERK'S NOTICE CONTINUING CASE MANAGEMENT CONFERENCE. In light of the pending motion to transfer, the court moves the CMC to the motions hearing date of 4/13/2017 at 9:30 a.m. Case Management Statement are due by 4/6/2017. If a CMC would be useful in the interim, counsel may put the CMC back on calendar by filing a CMC statement on 3/16/2017 and calling Roger Moua at 415-522-3140. (This is a text-only entry generated by the court. There is no document associated with this entry.) (rxmS, COURT STAFF) (Filed on 3/14/2017) (Entered: 03/14/2017)

March 14, 2017

March 14, 2017

PACER
64

STIPULATION WITH PROPOSED ORDER re 62 MOTION to Transfer Case to the District Court for the District of Columbia, 63 Clerk's Notice,, filed by American Civil Liberties Union of Northern California. (Chou, Jennifer) (Filed on 3/16/2017) (Entered: 03/16/2017)

March 16, 2017

March 16, 2017

PACER
65

STIPULATION AND ORDER Continuing Hearing and Permitting Telephonic Participation. Set/Reset Deadlines as to 62 MOTION to Transfer Case to the District Court for the District of Columbia. Motion Hearing and Case Management Conference reset for 4/20/2017 at 9:30 AM in Courtroom C, 15th Floor, San Francisco before Magistrate Judge Laurel Beeler. Case Management Statement due by 4/13/2017. Counsel to make arrangements through Courtcall (1-866-582-6878). Signed by Judge Laurel Beeler on 3/17/2017(rxmS, COURT STAFF) (Filed on 3/17/2017) (Entered: 03/17/2017)

March 17, 2017

March 17, 2017

RECAP
66

OPPOSITION/RESPONSE (re 62 MOTION to Transfer Case to the District Court for the District of Columbia ) filed byAmerican Civil Liberties Union of Northern California. (Chou, Jennifer) (Filed on 3/23/2017) (Entered: 03/23/2017)

March 23, 2017

March 23, 2017

PACER
67

REPLY (re 62 MOTION to Transfer Case to the District Court for the District of Columbia ) filed bySylvia Mathews Burwell, Robert Carey, Mark Greenberg. (Phipps, Peter) (Filed on 3/30/2017) (Entered: 03/30/2017)

March 30, 2017

March 30, 2017

PACER
68

Certificate of Interested Entities by United States Conference of Catholic Bishops (Dunn, Robert) (Filed on 4/6/2017) (Entered: 04/06/2017)

April 6, 2017

April 6, 2017

PACER

Set/Reset Hearing Motion Hearing set for 4/27/2017 11:00 AM in Courtroom C, 15th Floor, San Francisco before Magistrate Judge Laurel Beeler. The court has an unexpected conflict on 4/20/2017 and so resets the hearing to 4/27/2017 at 11:00 a.m. The court's previous orders authorizing telephone appearances remain in effect. (This is at text-only order.) (Beeler, Laurel) (Filed on 4/8/2017)

April 8, 2017

April 8, 2017

PACER

Set/Reset Hearings

April 8, 2017

April 8, 2017

PACER
69

CASE MANAGEMENT STATEMENT (Updated) filed by Sylvia Mathews Burwell, Robert Carey, Mark Greenberg. (Phipps, Peter) (Filed on 4/13/2017) (Entered: 04/13/2017)

April 13, 2017

April 13, 2017

PACER
70

CLERK'S NOTICE RESETTING TIME OF MOTION HEARING. (This is a text-only entry generated by the court. There is no document associated with this entry.) The court reset the time of the motion hearing set for 4/27/2017 from 11:00 AM to 9:30 AM. (rxmS, COURT STAFF) (Filed on 4/14/2017) (Entered: 04/14/2017)

April 14, 2017

April 14, 2017

PACER
71

NOTICE by American Civil Liberties Union of Northern California Notice of Withdrawal (Chou, Jennifer) (Filed on 4/20/2017) (Entered: 04/20/2017)

April 20, 2017

April 20, 2017

PACER
72

ORDER Signed by Judge Laurel Beeler on 4/20/2017 NOTICE OF WITHDRAWAL OF COUNSEL. Brian M. Hauss is no longer counsel of record for Plaintiff in this action and will be working in a different subject matter area at the American Civil Liberties Union Foundation. Plaintiff in this action continues to be represented by other counsel. (rxmS, COURT STAFF) (Filed on 4/20/2017) (Entered: 04/20/2017)

April 20, 2017

April 20, 2017

PACER
73

Proposed Order by Sylvia Mathews Burwell, Robert Carey, Mark Greenberg. (Phipps, Peter) (Filed on 4/24/2017) (Entered: 04/24/2017)

April 24, 2017

April 24, 2017

PACER
74

ORDER re 73 Stipulated Protective Order signed by Judge Laurel Beeler on 4/25/2017. (rxmS, COURT STAFF) (Filed on 4/25/2017) (Entered: 04/25/2017)

April 25, 2017

April 25, 2017

PACER
75

Minute Entry for proceedings held before Magistrate Judge Laurel Beeler: Motion Hearing held on 4/27/2017 re 62 MOTION to Transfer Case. Motion hearing held. Court to issue an order.FTR Time: 10:03-10:07. Plaintiff's Attorney: Brigitte Amiri. Defendants' Attorney: Peter Phipps and Adam Grogg by Courtcall. Intervenor: Robert Dunn by CourtcallThis is a text-only Minute Entry (rxmS, COURT STAFF) (Date Filed: 4/27/2017) (Entered: 04/27/2017)

April 27, 2017

April 27, 2017

PACER
76

Order by Magistrate Judge Laurel Beeler denying 62 Motion to Transfer Case. (lblc1S, COURT STAFF) (Filed on 4/28/2017) (Entered: 04/28/2017)

April 28, 2017

April 28, 2017

RECAP
77

STIPULATION WITH PROPOSED ORDER amending case management order filed by Sylvia Mathews Burwell, Robert Carey, Mark Greenberg. (Phipps, Peter) (Filed on 5/25/2017) (Entered: 05/25/2017)

May 25, 2017

May 25, 2017

PACER
78

Order signed by Magistrate Judge Laurel Beeler granting 77 STIPULATION AMENDING CASE MANAGEMENT ORDER. (rxmS, COURT STAFF) (Filed on 5/26/2017) (Entered: 05/26/2017)

May 26, 2017

May 26, 2017

PACER
79

NOTICE of Appearance by Martin Tomlinson on Behalf of Defendants (Tomlinson, Martin) (Filed on 8/18/2017) (Entered: 08/18/2017)

Aug. 18, 2017

Aug. 18, 2017

PACER
80

NOTICE of Substitution of Counsel by Adam Grogg (Grogg, Adam) (Filed on 8/18/2017) (Entered: 08/18/2017)

Aug. 18, 2017

Aug. 18, 2017

PACER
81

NOTICE of Appearance by Mishan Raini Wroe (Wroe, Mishan) (Filed on 9/29/2017) (Entered: 09/29/2017)

Sept. 29, 2017

Sept. 29, 2017

PACER
82

Second MOTION to Amend/Correct Plaintiff's Complaint filed by American Civil Liberties Union of Northern California. Motion Hearing set for 10/5/2017 03:00 PM in Courtroom C, 15th Floor, San Francisco before Magistrate Judge Laurel Beeler. Responses due by 10/19/2017. Replies due by 10/26/2017. (Attachments: # 1 Declaration Declaration of Brigitte Amiri in Support of Plaintiff's Motion for Leave to File Second Amended Complaint, # 2 Exhibit Second Amended Complaint, # 3 Proposed Order Proposed Order on Motion to Amend Complaint)(Amiri, Brigitte) (Filed on 10/5/2017) (Entered: 10/05/2017)

1 Declaration Declaration of Brigitte Amiri in Support of Plaintiff's Motion

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2 Exhibit Second Amended Complaint

View on RECAP

3 Proposed Order Proposed Order on Motion to Amend Complaint

View on RECAP

Oct. 5, 2017

Oct. 5, 2017

PACER

Case Details

State / Territory: California

Case Type(s):

Immigration and/or the Border

Reproductive Issues

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: June 24, 2016

Closing Date: Nov. 16, 2018

Case Ongoing: No

Plaintiffs

Plaintiff Description:

ACLU of Northern California.

Plaintiff Type(s):

Non-profit NON-religious organization

Attorney Organizations:

ACLU National (all projects)

ACLU of Southern California

ACLU Affiliates (any)

ACLU of Northern California

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

U.S. Department of Health and Human Services, Federal

Defendant Type(s):

Hospital/Health Department

Case Details

Causes of Action:

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

Ex parte Young (federal or state officials)

Constitutional Clause(s):

Establishment Clause

Available Documents:

Trial Court Docket

Complaint (any)

Non-settlement Outcome

Any published opinion

Outcome

Prevailing Party: Defendant

Source of Relief:

Litigation

Issues

Reproductive rights:

Reproductive health care (including birth control, abortion, and others)

Abortion

General:

Conditions of confinement

Funding

Government services

Juveniles

Religious programs / policies

Jails, Prisons, Detention Centers, and Other Institutions:

Prison Rape Elimination Act

Affected Sex or Gender:

Female

Medical/Mental Health:

Medical care, general

Type of Facility:

Government-run

Non-government non-profit

Immigration/Border:

Constitutional rights

Refugees

Undocumented immigrants - rights and duties