Case: Persico v. Sebelius

1:13-cv-00303 | U.S. District Court for the Western District of Pennsylvania

Filed Date: Oct. 8, 2013

Closed Date: 2015

Clearinghouse coding complete

Case Summary

On October 8, 2013, three Catholic non-profit 501(c)(3)s and a trustee for the Roman Catholic Diocese of Erie, Pennsylvania filed this lawsuit in the U.S. District Court for the Western District of Pennsylvania. The plaintiffs sued the U.S. Department of Health and Human Services, Department of Labor, Department of Treasury, and their respective Secretaries in their official capacities. Plaintiffs sued under the Administrative Procedure Act, the Declaratory Judgment Act, and Religious Freedom …

On October 8, 2013, three Catholic non-profit 501(c)(3)s and a trustee for the Roman Catholic Diocese of Erie, Pennsylvania filed this lawsuit in the U.S. District Court for the Western District of Pennsylvania. The plaintiffs sued the U.S. Department of Health and Human Services, Department of Labor, Department of Treasury, and their respective Secretaries in their official capacities. Plaintiffs sued under the Administrative Procedure Act, the Declaratory Judgment Act, and Religious Freedom Restoration Act.

The plaintiffs, represented by private counsel, alleged that the government violated their statutory rights (including RFRA and the APA) and First Amendment right to freedom of religion by mandating that they subsidize, facilitate, and or provide coverage for various reproductive health services for their employees. Plaintiffs sought declaratory and injunctive relief, as well as attorneys' fees. The suit was related to a previous lawsuit, brought by plaintiffs in the same court in May of 2012. That suit was dismissed by the same court, without prejudice, upon the government's assurance that the mandate at issue would not be enforced against plaintiffs, and that the regulations at issue were to be amended.

This case was disposed of in a series of combined orders issued by Judge Arthur J. Schwab, that applied to both this suit and Zubik v. Sebelius. The cases were formally consolidated on appeal on February 11, 2014. See summary of Zubik v. Sebelius for details covering the preliminary injunction granted and subsequent appeals to the Third Circuit and Supreme Court.

This case is now being considered on remand by the Third Circuit.

Summary Authors

Micah Telegen (2/10/2017)

Related Cases

Persico v. Sebelius, Western District of Pennsylvania (2012)

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

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/5223468/parties/persico-v-sebelius/


Judge(s)

Schwab, Arthur J. (Pennsylvania)

Attorneys(s) for Plaintiff

DeJulius, Leon F. Jr. (Pennsylvania)

Goetz, John D. (Pennsylvania)

Kairis, Matthew A (Ohio)

Karoll, Ira M (Pennsylvania)

Kilmartin, Alison J. (Pennsylvania)

McSorley, Jeffrey Albert (District of Columbia)

Pohl, Paul M. (Pennsylvania)

Raimer, David T. (District of Columbia)

Stahler, Mary Pat (Pennsylvania)

Judge(s)

Schwab, Arthur J. (Pennsylvania)

Attorneys(s) for Plaintiff

DeJulius, Leon F. Jr. (Pennsylvania)

Goetz, John D. (Pennsylvania)

Kairis, Matthew A (Ohio)

Karoll, Ira M (Pennsylvania)

Kilmartin, Alison J. (Pennsylvania)

McSorley, Jeffrey Albert (District of Columbia)

Pohl, Paul M. (Pennsylvania)

Raimer, David T. (District of Columbia)

Stahler, Mary Pat (Pennsylvania)

Attorneys(s) for Defendant

Bennett, Michelle Renee (District of Columbia)

Grogg, Adam Anderson (District of Columbia)

Humphreys, Bradley Philip (District of Columbia)

Shumate, Brett (District of Columbia)

Documents in the Clearinghouse

Document

1:13-cv-00303

Docket

Oct. 1, 2015

Oct. 1, 2015

Docket
1

1:13-cv-00303

Complaint

Oct. 8, 2013

Oct. 8, 2013

Complaint
29

2:13-cv-01459

Order of Court Re: Motion for Reassignment

Oct. 30, 2013

Oct. 30, 2013

Order/Opinion
76

2:13-cv-01459

Order of Court Granting Plaintiffs' Motions For Expedited Preliminary Injunction

Nov. 21, 2013

Nov. 21, 2013

Order/Opinion
81

2:13-cv-01459

Final Judgment and Order

Dec. 20, 2013

Dec. 20, 2013

Order/Opinion

1:13-cv-00303

Settlement Agreement

Oct. 13, 2017

Oct. 13, 2017

Settlement Agreement

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/5223468/persico-v-sebelius/

Last updated Aug. 7, 2022, 3:04 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against All Defendants (Filing fee, including Administrative fee, $400, receipt number 0315-2955338), filed by THE ROMAN CATHOLIC DIOCESE OF ERIE, PRINCE OF PEACE CENTER, INC., ERIE CATHOLIC PREPARATORY SCHOOL, LAWRENCE T. PERSICO, ST. MARTIN CENTER, INC.. (Attachments: # 1 Civil Cover Sheet) (dm) (Entered: 10/08/2013)

1 Civil Cover Sheet

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Oct. 8, 2013

Oct. 8, 2013

PACER
2

Disclosure Statement identifying None as corporate parent or other affiliate, by THE ROMAN CATHOLIC DIOCESE OF ERIE. (dm) (Entered: 10/08/2013)

Oct. 8, 2013

Oct. 8, 2013

PACER
3

Disclosure Statement identifying None as corporate parent or other affiliate, by ST. MARTIN CENTER, INC.. (dm) (Entered: 10/08/2013)

Oct. 8, 2013

Oct. 8, 2013

PACER
4

Disclosure Statement identifying None as corporate parent or other affiliate, by PRINCE OF PEACE CENTER, INC.. (dm) (Entered: 10/08/2013)

Oct. 8, 2013

Oct. 8, 2013

PACER
5

Disclosure Statement identifying None as corporate parent or other affiliate, by ERIE CATHOLIC PREPARATORY SCHOOL. (dm) (Entered: 10/08/2013)

Oct. 8, 2013

Oct. 8, 2013

PACER
6

MOTION for Expedited Preliminary Injunction by ERIE CATHOLIC PREPARATORY SCHOOL, LAWRENCE T. PERSICO, PRINCE OF PEACE CENTER, INC., ST. MARTIN CENTER, INC., THE ROMAN CATHOLIC DIOCESE OF ERIE. (Attachments: # 1 Proposed Order) (dm) (Entered: 10/08/2013)

1 Proposed Order

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Oct. 8, 2013

Oct. 8, 2013

PACER
7

MOTION for Expedited Scheduling Order or Expedited Status Conference by ERIE CATHOLIC PREPARATORY SCHOOL, LAWRENCE T. PERSICO, PRINCE OF PEACE CENTER, INC., ST. MARTIN CENTER, INC., THE ROMAN CATHOLIC DIOCESE OF ERIE. (Attachments: # 1 Proposed Order) (dm) (Entered: 10/08/2013)

1 Proposed Order

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Oct. 8, 2013

Oct. 8, 2013

PACER
8

BRIEF in Support re 6 Motion for Preliminary Injunction, 7 Motion for Expedited Scheduling Order or Expedited Status Conference filed by ERIE CATHOLIC PREPARATORY SCHOOL, LAWRENCE T. PERSICO, PRINCE OF PEACE CENTER, INC., ST. MARTIN CENTER, INC., THE ROMAN CATHOLIC DIOCESE OF ERIE. (dm) (Entered: 10/08/2013)

Oct. 8, 2013

Oct. 8, 2013

PACER
9

EXHIBITS in Support of 6 Motion for Expedited Preliminary Injunction, by ERIE CATHOLIC PREPARATORY SCHOOL, LAWRENCE T. PERSICO, PRINCE OF PEACE CENTER, INC., ST. MARTIN CENTER, INC., THE ROMAN CATHOLIC DIOCESE OF ERIE. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5 Part 1, # 6 Exhibit 5 Part 2, # 7 Exhibit 5 Part 3, # 8 Exhibit 6, # 9 Exhibit 7, # 10 Exhibit 8, # 11 Exhibit 9, # 12 Exhibit 10, # 13 Exhibit 11, # 14 Exhibit 12) (dm) (Entered: 10/08/2013)

1 Exhibit 1

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2 Exhibit 2

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3 Exhibit 3

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4 Exhibit 4

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5 Exhibit 5 Part 1

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6 Exhibit 5 Part 2

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7 Exhibit 5 Part 3

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8 Exhibit 6

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9 Exhibit 7

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10 Exhibit 8

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11 Exhibit 9

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12 Exhibit 10

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13 Exhibit 11

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14 Exhibit 12

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Oct. 8, 2013

Oct. 8, 2013

PACER
10

Summons Issued as to *JACOB J. LEW, THOMAS PEREZ, KATHLEEN SEBELIUS, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES, U.S. DEPARTMENT OF LABOR, U.S. DEPARTMENT OF TREASURY* (Attachments: # 1 Summons, # 2 Summons, # 3 Summons, # 4 Summons, # 5 Summons, # 6 Summons, # 7 Summons) (jd) (Entered: 10/08/2013)

1 Summons

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2 Summons

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3 Summons

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4 Summons

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5 Summons

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6 Summons

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7 Summons

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Oct. 8, 2013

Oct. 8, 2013

PACER
11

NOTICE of Appearance by John D. Goetz on behalf of ERIE CATHOLIC PREPARATORY SCHOOL, LAWRENCE T. PERSICO, PRINCE OF PEACE CENTER, INC., ST. MARTIN CENTER, INC., THE ROMAN CATHOLIC DIOCESE OF ERIE. (Goetz, John) (Entered: 10/08/2013)

Oct. 8, 2013

Oct. 8, 2013

PACER
12

NOTICE of Appearance by Leon F. DeJulius on behalf of ERIE CATHOLIC PREPARATORY SCHOOL, LAWRENCE T. PERSICO, PRINCE OF PEACE CENTER, INC., ST. MARTIN CENTER, INC., THE ROMAN CATHOLIC DIOCESE OF ERIE. (DeJulius, Leon) (Entered: 10/08/2013)

Oct. 8, 2013

Oct. 8, 2013

PACER
13

NOTICE of Appearance by Ira M. Karoll on behalf of ERIE CATHOLIC PREPARATORY SCHOOL, LAWRENCE T. PERSICO, PRINCE OF PEACE CENTER, INC., ST. MARTIN CENTER, INC., THE ROMAN CATHOLIC DIOCESE OF ERIE. (Karoll, Ira) (Entered: 10/08/2013)

Oct. 8, 2013

Oct. 8, 2013

PACER
14

NOTICE of Appearance by Alison M. Kilmartin on behalf of ERIE CATHOLIC PREPARATORY SCHOOL, LAWRENCE T. PERSICO, PRINCE OF PEACE CENTER, INC., ST. MARTIN CENTER, INC., THE ROMAN CATHOLIC DIOCESE OF ERIE. (Kilmartin, Alison) (Entered: 10/08/2013)

Oct. 8, 2013

Oct. 8, 2013

PACER
15

NOTICE of Appearance by Mary Pat Stahler on behalf of ERIE CATHOLIC PREPARATORY SCHOOL, LAWRENCE T. PERSICO, PRINCE OF PEACE CENTER, INC., ST. MARTIN CENTER, INC., THE ROMAN CATHOLIC DIOCESE OF ERIE. (Stahler, Mary Pat) (Entered: 10/08/2013)

Oct. 8, 2013

Oct. 8, 2013

PACER
16

NOTICE that instant civil action has been designated for placement into the United States District Court's Alternative Dispute Resolution program. Parties are directed to fully complete the required 26(f) report, which includes the stipulation of selecting an ADR process. Counsel for plaintiff (or in the case of a removal action, counsel for removing defendant) shall make service of the notice on all parties. (ms) (Entered: 10/09/2013)

Oct. 9, 2013

Oct. 9, 2013

PACER

ORDER OF COURT: Consistent with the Court's practices, the Court hereby ORDERS a STATUS CONFERENCE be held on Thursday, October 24, 2013 at 10:30 a.m. in Courtroom 7C, 7th Floor, United States Courthouse, 700 Grant Street, Pittsburgh, Pennsylvania. Counsel for Plaintiffs is further ORDERED to provide a copy of this Court Order to Defendants and/or Defendants' Chief Trial Counsel. Signed by Judge Arthur J. Schwab on 10/09/2013. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (lck)

Oct. 9, 2013

Oct. 9, 2013

PACER
17

ORDER, in preparation for the Status Conference set for 10/24/13, Lead Counsel are directed to meet and confer, face-to-face, to hold extensive and in-depth discussions on the issues relevant to the orderly preparation and trial of these matters, at a date, time, and place convenient to Counsel. If Counsel are unable to agree on a date, time, and/or place, Lead Trial Counsel will meet and confer, face-to-face, in the jury room of this Court at 9:30 a.m. on Monday, October 21,2013. Detailed Joint Status Report due by 10/22/2013 at 4:00 PM. Counsel for Plaintiffs is further ORDERED to promptly provide a copy of this Court Order to Defendants and/or Defendants' Lead Trial Counsel. Signed by Judge Arthur J. Schwab on 10/10/13. (lck) (Entered: 10/10/2013)

Oct. 10, 2013

Oct. 10, 2013

PACER

TEXT ORDER - In light of the Court's Text Order dated 10/09/13, scheduling a Status Conference for 10/24/13 at 10:30 AM, Doc. No. 7 Motion for Expedited Scheduling Order Or Status Conference is DENIED AS MOOT. Signed by Judge Arthur J. Schwab on 10/15/13. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (lck)

Oct. 15, 2013

Oct. 15, 2013

PACER
18

NOTICE of Appearance by Bradley P. Humphreys on behalf of JACOB J. LEW, THOMAS PEREZ, KATHLEEN SEBELIUS, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES, U.S. DEPARTMENT OF LABOR, U.S. DEPARTMENT OF TREASURY. (Humphreys, Bradley) (Entered: 10/15/2013)

Oct. 15, 2013

Oct. 15, 2013

PACER
19

Unopposed MOTION to Modify the Court's October 10, 2013 17 Order to Permit the Parties to Meet and Confer Telephonically or, in the Alternative, by Video Conference, by JACOB J. LEW, THOMAS PEREZ, KATHLEEN SEBELIUS, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES, U.S. DEPARTMENT OF LABOR, U.S. DEPARTMENT OF TREASURY. (Attachments: # 1 Proposed Order) (Humphreys, Bradley) (Entered: 10/15/2013)

1 Proposed Order

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Oct. 15, 2013

Oct. 15, 2013

PACER
20

ORDER GRANTING 19 Motion to Modify the Court's October 10, 2013 Order. The parties are relieved of the requirement that they meet and confer face-to-face. The Court expects the conference to be conducted in good faith and be meaningful in substance. Signed by Judge Arthur J. Schwab on 10/16/13. (lck) (Entered: 10/16/2013)

Oct. 16, 2013

Oct. 16, 2013

PACER

TEXT ORDER - The Status Conference scheduled for 10/24/13 at 10:30 AM has been RESCHEDULED to 11:00 AM. Signed by Judge Arthur J. Schwab on 10/16/13. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (ms)

Oct. 16, 2013

Oct. 16, 2013

PACER
21

STATUS REPORT Joint by ERIE CATHOLIC PREPARATORY SCHOOL, LAWRENCE T. PERSICO, PRINCE OF PEACE CENTER, INC., ST. MARTIN CENTER, INC., THE ROMAN CATHOLIC DIOCESE OF ERIE. (Attachments: # 1 Plaintiffs' Exhibit 1) (Goetz, John) (Entered: 10/22/2013)

1 Plaintiffs' Exhibit 1

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Oct. 22, 2013

Oct. 22, 2013

PACER
22

SUMMONS/Return of Service Returned Executed by THE ROMAN CATHOLIC DIOCESE OF ERIE, PRINCE OF PEACE CENTER, INC., ERIE CATHOLIC PREPARATORY SCHOOL, LAWRENCE T. PERSICO, ST. MARTIN CENTER, INC.. THOMAS PEREZ served on 10/17/2013, answer due 12/16/2013; KATHLEEN SEBELIUS served on 10/15/2013, answer due 12/16/2013; U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES served on 10/15/2013, answer due 12/16/2013. (Attachments: # 1 Index of Exhibits, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D) (Pohl, Paul) Modified on 10/23/2013. US ATTORNEY GENERAL served 10/16/2013, answer due 12/16/2013 (dm) (Entered: 10/22/2013)

1 Index of Exhibits

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2 Exhibit A

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3 Exhibit B

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4 Exhibit C

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5 Exhibit D

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Oct. 22, 2013

Oct. 22, 2013

PACER
23

MOTION to Reassign Case by JACOB J. LEW, THOMAS PEREZ, KATHLEEN SEBELIUS, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES, U.S. DEPARTMENT OF LABOR, U.S. DEPARTMENT OF TREASURY. (Attachments: # 1 Proposed Order) (Humphreys, Bradley) (Entered: 10/22/2013)

1 Proposed Order

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Oct. 22, 2013

Oct. 22, 2013

PACER
24

RESPONSE to Motion re 23 MOTION to Reassign Case filed by ERIE CATHOLIC PREPARATORY SCHOOL, LAWRENCE T. PERSICO, PRINCE OF PEACE CENTER, INC., ST. MARTIN CENTER, INC., THE ROMAN CATHOLIC DIOCESE OF ERIE. (Goetz, John) (Entered: 10/23/2013)

Oct. 23, 2013

Oct. 23, 2013

PACER
25

Minute Entry for proceedings held before Judge Arthur J. Schwab: Status Conference held on 10/24/2013. Response to Motion for Preliminary Injunction due by 10/29/2013; Reply due by 11/5/2013; Joint Status Report due by 10/31/2013 at noon; and Preliminary Injunction Hearing set for 11/12/2013 at 08:30 AM before Judge Arthur J. Schwab. (Court Reporter: Richard Ford) (lck) Modified on 10/25/2013 - SEE ERRATA AT DOC NO 26 CORRECTED HEARING MEMO. (lck) (Entered: 10/24/2013)

Oct. 24, 2013

Oct. 24, 2013

PACER
26

Errata re 25 Status Conference Minute Entry. Reason for Correction: Correction on Hearing Memo. (lck) (Entered: 10/25/2013)

Oct. 25, 2013

Oct. 25, 2013

PACER
27

NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on October 24, 2013 before Judge Arthur J. Schwab. Court Reporter Richard Ford, Telephone number (412) 261-0802. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely, electronically available to the public without redaction after 90 calendar days. For redaction purposes, or otherwise, during this 90 day period a copy of the transcript may be purchased from the court reporter or viewed at the clerk's office public terminal. Notice of Intent for Redaction of Personal Data Identifiers due by 11/1/2013. Redaction Request due 11/15/2013. Redacted Transcript Deadline set for 11/25/2013. Release of Transcript Restriction set for 1/23/2014. (rtf, ) (Entered: 10/25/2013)

Oct. 25, 2013

Oct. 25, 2013

PACER
28

BRIEF in Opposition re 6 Motion for Preliminary Injunction filed by JACOB J. LEW, THOMAS PEREZ, KATHLEEN SEBELIUS, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES, U.S. DEPARTMENT OF LABOR, U.S. DEPARTMENT OF TREASURY. (Humphreys, Bradley) (Entered: 10/29/2013)

Oct. 29, 2013

Oct. 29, 2013

PACER

TEXT ORDER - The Court hereby schedules argument for 8:30 AM on Wednesday, November 13, 2013, subsequent to the Preliminary Injunction Hearing, scheduled for Tuesday, November 12, 2013, from 8:30 AM to 2:30 PM. Signed by Judge Arthur J. Schwab on 10/30/13. Text-only entry; no PDF document will issue. This text-only entry constitutes the Court's order or notice on the matter. (ms)

Oct. 30, 2013

Oct. 30, 2013

PACER
29

ORDER denying 23 Motion to Reassign Case. Signed by Judge Arthur J. Schwab on 10/30/2013. (lmt) (Entered: 10/30/2013)

Oct. 30, 2013

Oct. 30, 2013

PACER
30

STATUS REPORT by ERIE CATHOLIC PREPARATORY SCHOOL, LAWRENCE T. PERSICO, PRINCE OF PEACE CENTER, INC., ST. MARTIN CENTER, INC., THE ROMAN CATHOLIC DIOCESE OF ERIE. (Pohl, Paul) (Entered: 10/31/2013)

Oct. 31, 2013

Oct. 31, 2013

PACER
31

ORDER OF COURT SETTING INITIAL CASE MANAGEMENT CONFERENCE. An Initial Case Management Conference in this case shall be held on November 13, 2013, at 8:00AM. On or before November 8, 2013, the parties shall submit the required joint documents as set forth in this Order. Defendant shall file an Answer or otherwise plead on or before November 8, 2013. Signed by Judge Arthur J. Schwab on 10/31/2013. (lcb) (Entered: 10/31/2013)

Oct. 31, 2013

Oct. 31, 2013

PACER
32

Unopposed MOTION to Modify the Court's October 31, 2013 Order to Permit the Parties to Conduct Their Rule 26(f) Conference Telephonically or, in the Alternative, by Video Conference 31 Order, Set Hearings, Set Deadlines, by JACOB J. LEW, THOMAS PEREZ, KATHLEEN SEBELIUS, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES, U.S. DEPARTMENT OF LABOR, U.S. DEPARTMENT OF TREASURY. (Attachments: # 1 Proposed Order) (Humphreys, Bradley) (Entered: 11/04/2013)

1 Proposed Order

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Nov. 4, 2013

Nov. 4, 2013

PACER
33

ORDER GRANTING 32 Motion to Modify the Court's 10/31/13 Order. The parties are relieved of the requirement that they conduct their Rule 26(f) conference face-to-face. Signed by Judge Arthur J. Schwab on 11/4/13. (lck) (Entered: 11/04/2013)

Nov. 4, 2013

Nov. 4, 2013

PACER
34

REPLY BRIEF re 6 Motion for Preliminary Injunction filed by ERIE CATHOLIC PREPARATORY SCHOOL, LAWRENCE T. PERSICO, PRINCE OF PEACE CENTER, INC., ST. MARTIN CENTER, INC., THE ROMAN CATHOLIC DIOCESE OF ERIE. (Pohl, Paul) (Entered: 11/05/2013)

Nov. 5, 2013

Nov. 5, 2013

PACER
35

MOTION for Protective Order by JACOB J. LEW, THOMAS PEREZ, KATHLEEN SEBELIUS, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES, U.S. DEPARTMENT OF LABOR, U.S. DEPARTMENT OF TREASURY. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Proposed Order) (Humphreys, Bradley) (Entered: 11/06/2013)

1 Exhibit

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2 Exhibit

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3 Exhibit

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4 Exhibit

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5 Proposed Order

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Nov. 6, 2013

Nov. 6, 2013

PACER

ORDER re 35 Motion for Protective Order, filed by U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES, U.S. DEPARTMENT OF LABOR, JACOB J. LEW, THOMAS PEREZ, U.S. DEPARTMENT OF TREASURY, KATHLEEN SEBELIUS. Response to Motion due by 11/7/2013 at noon. Signed by Judge Arthur J. Schwab on 11/7/13. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (lck)

Nov. 7, 2013

Nov. 7, 2013

PACER
36

RESPONSE IN OPPOSITION to 35 Motion for Protective Order, filed by ERIE CATHOLIC PREPARATORY SCHOOL, LAWRENCE T. PERSICO, PRINCE OF PEACE CENTER, INC., ST. MARTIN CENTER, INC., THE ROMAN CATHOLIC DIOCESE OF ERIE. (Attachments: # 1 Exhibit 1 IRS Emails, # 2 Exhibit 2 Email produced in Pohl v HHS, # 3 Exhibit 3 Excerpts of Gary Cohen Deposition Transcript and Notice, # 4 Exhibit 4 Data on Catholic Organizations, # 5 Exhibit 5 Proposed Stipulations) (Pohl, Paul) (Entered: 11/07/2013)

1 Exhibit 1 IRS Emails

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2 Exhibit 2 Email produced in Pohl v HHS

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3 Exhibit 3 Excerpts of Gary Cohen Deposition Transcript and Notice

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4 Exhibit 4 Data on Catholic Organizations

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5 Exhibit 5 Proposed Stipulations

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Nov. 7, 2013

Nov. 7, 2013

PACER
37

AFFIDAVIT of Service for Complaint served on Jacob Lew, US Dept of Treasury, and US Dept of Labor on October 8, 2013, filed by ERIE CATHOLIC PREPARATORY SCHOOL, LAWRENCE T. PERSICO, PRINCE OF PEACE CENTER, INC., ST. MARTIN CENTER, INC., THE ROMAN CATHOLIC DIOCESE OF ERIE. (Karoll, Ira) (Entered: 11/07/2013)

Nov. 7, 2013

Nov. 7, 2013

PACER
38

ORDER granting in part and denying in part 35 Motion for Protective Order. At Defendants' election, Shawn Braxton shall be deposed on November 8, 2013, as noticed, or she shall appear and testify at the upcoming Preliminary Injunction Hearing of November 12, 2013. Signed by Judge Arthur J. Schwab on 11/7/13. (lck) (Entered: 11/07/2013)

Nov. 7, 2013

Nov. 7, 2013

PACER
39

STIPULATION of Undisputed Facts by ERIE CATHOLIC PREPARATORY SCHOOL, LAWRENCE T. PERSICO, PRINCE OF PEACE CENTER, INC., ST. MARTIN CENTER, INC., THE ROMAN CATHOLIC DIOCESE OF ERIE. (Pohl, Paul) (Entered: 11/07/2013)

Nov. 7, 2013

Nov. 7, 2013

PACER
41

CLERK'S OFFICE QUALITY CONTROL MESSAGE re 37 Affidavit of Service. ERROR: Wrong event selected. CORRECTION: Re-docketed as Summons/Return of Service as to USA. This message is for informational purposes only. (dm) (Entered: 11/08/2013)

Nov. 7, 2013

Nov. 7, 2013

PACER
40

SUMMONS/Return of Service Returned Executed U.S. DEPARTMENT OF LABOR served on 10/31/2013, answer due 12/30/2013; U.S. DEPARTMENT OF TREASURY served on 10/21/2013, answer due 12/20/2013. (dm) (Entered: 11/08/2013)

Nov. 8, 2013

Nov. 8, 2013

PACER
42

MOTION for attorney Jeffrey A. McSorley to Appear Pro Hac Vice, (Filing fee $40, Receipt # 0315-2991337) by ERIE CATHOLIC PREPARATORY SCHOOL, LAWRENCE T. PERSICO, PRINCE OF PEACE CENTER, INC., ST. MARTIN CENTER, INC., THE ROMAN CATHOLIC DIOCESE OF ERIE. (Attachments: # 1 Affidavit of Jeffrey A. McSorley, # 2 Proposed Order) (McSorley, Jeffrey ) (Entered: 11/08/2013)

1 Affidavit of Jeffrey A. McSorley

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2 Proposed Order

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Nov. 8, 2013

Nov. 8, 2013

PACER
43

Exhibit List (Joint Exhibit List Chart) by ERIE CATHOLIC PREPARATORY SCHOOL, LAWRENCE T. PERSICO, PRINCE OF PEACE CENTER, INC., ST. MARTIN CENTER, INC., THE ROMAN CATHOLIC DIOCESE OF ERIE. (Pohl, Paul) (Entered: 11/08/2013)

Nov. 8, 2013

Nov. 8, 2013

PACER
44

ORDER granting 42 Motion for Jeffrey A. McSorley to Appear Pro Hac Vice. Signed by Judge Arthur J. Schwab on 11/8/13. (lck) (Entered: 11/08/2013)

Nov. 8, 2013

Nov. 8, 2013

PACER
45

REPORT of Rule 26(f) Planning Meeting. (Humphreys, Bradley) (Entered: 11/08/2013)

Nov. 8, 2013

Nov. 8, 2013

PACER
46

Proposed Case Management Order of the Parties by JACOB J. LEW, THOMAS PEREZ, KATHLEEN SEBELIUS, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES, U.S. DEPARTMENT OF LABOR, U.S. DEPARTMENT OF TREASURY. (Humphreys, Bradley) (Entered: 11/08/2013)

Nov. 8, 2013

Nov. 8, 2013

PACER
47

REPORT of Rule 26(f) Planning Meeting. (Humphreys, Bradley) (Entered: 11/08/2013)

Nov. 8, 2013

Nov. 8, 2013

PACER
48

MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM or, in the Alternative, for Summary Judgment by JACOB J. LEW, THOMAS PEREZ, KATHLEEN SEBELIUS, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES, U.S. DEPARTMENT OF LABOR, U.S. DEPARTMENT OF TREASURY. (Humphreys, Bradley). Added MOTION for Summary Judgment on 11/12/2013 (dm). (Entered: 11/08/2013)

Nov. 8, 2013

Nov. 8, 2013

PACER
49

BRIEF in Support re 48 Motion to Dismiss for Failure to State a Claim, or, in the Alternative, for Summary Judgment filed by JACOB J. LEW, THOMAS PEREZ, KATHLEEN SEBELIUS, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES, U.S. DEPARTMENT OF LABOR, U.S. DEPARTMENT OF TREASURY. (Humphreys, Bradley) (Entered: 11/08/2013)

Nov. 8, 2013

Nov. 8, 2013

PACER
50

Joint MOTION to Strike the Certification of Ms. Shawn Braxton Concerning the Administrative Record by ERIE CATHOLIC PREPARATORY SCHOOL, LAWRENCE T. PERSICO, PRINCE OF PEACE CENTER, INC., ST. MARTIN CENTER, INC., THE ROMAN CATHOLIC DIOCESE OF ERIE. (Attachments: # 1 Proposed Order, # 2 Exhibit A) (Pohl, Paul) (Entered: 11/11/2013)

1 Proposed Order

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2 Exhibit A

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Nov. 11, 2013

Nov. 11, 2013

PACER

CLERK'S OFFICE QUALITY CONTROL MESSAGE re 48 Motion to Dismiss for Failure to State a Claim. ERROR: MULTIPLE Relief Motion Filed as One Relief. CORRECTION: Attorney advised in future that Motions of this nature are to be filed using the Motion Event and clicking on all the reliefs sought in said motion. Clerk of Court added/docketed Motion for Summary Judgment. This message is for informational purposes only. (dm)

Nov. 12, 2013

Nov. 12, 2013

PACER
51

DEPOSITION of Gary M. Cohen taken on April 16, 2013 by ERIE CATHOLIC PREPARATORY SCHOOL, LAWRENCE T. PERSICO, PRINCE OF PEACE CENTER, INC., ST. MARTIN CENTER, INC., THE ROMAN CATHOLIC DIOCESE OF ERIE. (Attachments: # 1 Exhibit A, # 2 Exhibit B) (Pohl, Paul) (Entered: 11/12/2013)

1 Exhibit A

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2 Exhibit B

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Nov. 12, 2013

Nov. 12, 2013

PACER
52

DEPOSITION of Cardinal Timothy Dolan taken on November 7, 2013 by ERIE CATHOLIC PREPARATORY SCHOOL, LAWRENCE T. PERSICO, PRINCE OF PEACE CENTER, INC., ST. MARTIN CENTER, INC., THE ROMAN CATHOLIC DIOCESE OF ERIE. (Attachments: # 1 Exhibit A) (Pohl, Paul) (Entered: 11/12/2013)

1 Exhibit A

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Nov. 12, 2013

Nov. 12, 2013

PACER
53

DEPOSITION of Shawn Braxton taken on November 8, 2013 by ERIE CATHOLIC PREPARATORY SCHOOL, LAWRENCE T. PERSICO, PRINCE OF PEACE CENTER, INC., ST. MARTIN CENTER, INC., THE ROMAN CATHOLIC DIOCESE OF ERIE. (Attachments: # 1 Exhibit A, # 2 Exhibit B) (Pohl, Paul) (Entered: 11/12/2013)

1 Exhibit A

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2 Exhibit B

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Nov. 12, 2013

Nov. 12, 2013

PACER
54

NOTICE of Filing of Plaintiffs' Exhibits Admitted into Evidence at the November 12, 2013 Hearing on Plaintiffs' Motion for Preliminary Injunction by ERIE CATHOLIC PREPARATORY SCHOOL, LAWRENCE T. PERSICO, PRINCE OF PEACE CENTER, INC., ST. MARTIN CENTER, INC., THE ROMAN CATHOLIC DIOCESE OF ERIE (Attachments: # 1 P1, # 2 P2, # 3 P3, # 4 P4, # 5 P5, # 6 P6, # 7 P7, # 8 P8, # 9 P10, # 10 P11, # 11 P12, # 12 P13, # 13 P14, # 14 P15, # 15 P16, # 16 P17, # 17 P18, # 18 P19, # 19 P20, # 20 P21, # 21 P23, # 22 P24, # 23 P25, # 24 P26, # 25 P27, # 26 P28, # 27 P29, # 28 P30, # 29 P31, # 30 P32, # 31 P33, # 32 P34, # 33 P35, # 34 P36, # 35 P44, # 36 P46 - part 1, # 37 P46 - part 2, # 38 P46 - part 3, # 39 P46 - part 4, # 40 P46 - part 5, # 41 P46 - part 6, # 42 P46 - part 7, # 43 P46 - part 8, # 44 P46 - part 9, # 45 P46 - part 10, # 46 P51, # 47 P75, # 48 P79, # 49 P85, # 50 P86, # 51 P87, # 52 P88, # 53 P89, # 54 P90, # 55 P91, # 56 P92) (Pohl, Paul) (Entered: 11/12/2013)

1 P1

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2 P2

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3 P3

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4 P4

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5 P5

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6 P6

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7 P7

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8 P8

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9 P10

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10 P11

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11 P12

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12 P13

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13 P14

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14 P15

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15 P16

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16 P17

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17 P18

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18 P19

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19 P20

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20 P21

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21 P23

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22 P24

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23 P25

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24 P26

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25 P27

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26 P28

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27 P29

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28 P30

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29 P31

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30 P32

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31 P33

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32 P34

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33 P35

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34 P36

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35 P44

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36 P46 - part 1

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37 P46 - part 2

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38 P46 - part 3

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39 P46 - part 4

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40 P46 - part 5

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41 P46 - part 6

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42 P46 - part 7

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43 P46 - part 8

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44 P46 - part 9

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45 P46 - part 10

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46 P51

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47 P75

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48 P79

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49 P85

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50 P86

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51 P87

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52 P88

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53 P89

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54 P90

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55 P91

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56 P92

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Nov. 12, 2013

Nov. 12, 2013

PACER
55

Minute Entry for proceedings held before Judge Arthur J. Schwab: Motion Hearing held on 11/12/2013 re 6 MOTION for Preliminary Injunction filed by ERIE CATHOLIC PREPARATORY SCHOOL, PRINCE OF PEACE CENTER, INC., THE ROMAN CATHOLIC DIOCESE OF ERIE, LAWRENCE T. PERSICO, ST. MARTIN CENTER, INC. Defendants to file their Response to Motion to Strike (doc no. 51 at 13-1459 and doc no 50 at 13-303 Erie) by 11/15/13; Reply due 11/18/13; Supplemental Briefing to Motion for Preliminary Injunction from all parties including amicus due 11/15/13 by 5:00 PM. Briefs limited to 10 pages. (Court Reporter: Richard Ford/Shirley Hall) (lck) (Entered: 11/13/2013)

Nov. 12, 2013

Nov. 12, 2013

PACER
56

EXHIBITS Shown at Hearing on Motion for Preliminary Injunction held on 11/12/13. (lck) (Entered: 11/13/2013)

Nov. 12, 2013

Nov. 12, 2013

PACER

Minute Entry for proceedings held before Judge Arthur J. Schwab: Case Management Conference held on 11/13/2013. Plaintiffs' shall file a new proposed Case Management Order. Case is exempt from ADR requirement. Text-only entry; no PDF document will issue. This text-only entry constitutes the Court's order or notice on the matter. Signed by Judge Arthur J. Schwab on 11/13/13. (Court Reporter: R. Ford) (ms)

Nov. 13, 2013

Nov. 13, 2013

PACER
57

EXEMPTION of Case from ADR Program. Signed by Judge Judge Arthur J. Schwab on 11/13/13. (ms) (Entered: 11/13/2013)

Nov. 13, 2013

Nov. 13, 2013

PACER
58

STIPULATION Additional Stipulated Facts by ERIE CATHOLIC PREPARATORY SCHOOL, LAWRENCE T. PERSICO, PRINCE OF PEACE CENTER, INC., ST. MARTIN CENTER, INC., THE ROMAN CATHOLIC DIOCESE OF ERIE. (Pohl, Paul) (Entered: 11/13/2013)

Nov. 13, 2013

Nov. 13, 2013

PACER

CLERK'S OFFICE QUALITY CONTROL MESSAGE re 52 Deposition, 53 Deposition, 51 Deposition. ERROR: Discovery is not filed. CORRECTION: do not file discovery. This message is for informational purposes only. (sdp2)

Nov. 13, 2013

Nov. 13, 2013

PACER
59

Minute Entry for proceedings held before Judge Arthur J. Schwab: Motion Hearing held on 11/13/2013 re 6 MOTION for Preliminary Injunction filed by ERIE CATHOLIC PREPARATORY SCHOOL, PRINCE OF PEACE CENTER, INC., THE ROMAN CATHOLIC DIOCESE OF ERIE, LAWRENCE T. PERSICO, ST. MARTIN CENTER, INC. The Court hears argument from the parties. The Court rules that Exhibit No. P 93 is Admitted. Defense Counsel may file a supplement to Ex. No. P93 by 11/15/13. Parties agree on exhibits admitted into the record. (Court Reporter: Richard Ford) (lck) (Entered: 11/13/2013)

Nov. 13, 2013

Nov. 13, 2013

PACER
60

NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on November 12, 2013 before Judge Arthur J. Schwab. Court Reporter Richard Ford, Telephone number (412) 261-0802. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely, electronically available to the public without redaction after 90 calendar days. For redaction purposes, or otherwise, during this 90 day period a copy of the transcript may be purchased from the court reporter or viewed at the clerk's office public terminal. Notice of Intent for Redaction of Personal Data Identifiers due by 11/20/2013. Redaction Request due 12/4/2013. Redacted Transcript Deadline set for 12/16/2013. Release of Transcript Restriction set for 2/11/2014. (rtf, ) (Entered: 11/13/2013)

Nov. 13, 2013

Nov. 13, 2013

PACER
61

NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on November 13, 2013 before Judge Arthur J. Schwab. Court Reporter Richard Ford, Telephone number (412) 261-0802. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely, electronically available to the public without redaction after 90 calendar days. For redaction purposes, or otherwise, during this 90 day period a copy of the transcript may be purchased from the court reporter or viewed at the clerk's office public terminal. Notice of Intent for Redaction of Personal Data Identifiers due by 11/20/2013. Redaction Request due 12/4/2013. Redacted Transcript Deadline set for 12/16/2013. Release of Transcript Restriction set for 2/11/2014. (rtf, ) (Entered: 11/13/2013)

Nov. 13, 2013

Nov. 13, 2013

PACER
62

NOTICE of Filing Plaintiffs' Exhibit 93: Federal Rule of Evidence 1006 Summary to Prove Contents of Plaintiffs' Exhibits by ERIE CATHOLIC PREPARATORY SCHOOL, LAWRENCE T. PERSICO, PRINCE OF PEACE CENTER, INC., ST. MARTIN CENTER, INC., THE ROMAN CATHOLIC DIOCESE OF ERIE (Attachments: # 1 P93) (Pohl, Paul) (Entered: 11/13/2013)

1 P93

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Nov. 13, 2013

Nov. 13, 2013

PACER

TEXT ORDER: Upon further reflection of Plaintiffs' Exhibit P-93, filed at Doc. No. ( 62 -1), said Exhibit is admitted only as to Part I: Lack of Compelling Government Interest for the Preventative Services Mandate. Defendants' objection as to Parts II and III is sustained as Parts II and III are not relevant to the pending Motions for Expedited Preliminary Injunctions. Signed by Judge Arthur J. Schwab on 11/14/2013. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (lcb)

Nov. 14, 2013

Nov. 14, 2013

PACER
63

NOTICE of Appearance by Michelle Bennett on behalf of JACOB J. LEW, THOMAS PEREZ, KATHLEEN SEBELIUS, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES, U.S. DEPARTMENT OF LABOR, U.S. DEPARTMENT OF TREASURY. (Bennett, Michelle) (Entered: 11/14/2013)

Nov. 14, 2013

Nov. 14, 2013

PACER
64

NOTICE of Filing of Defendants' Cross-Designations of Testimony from the Deposition Transcripts for Gary M. Cohen and Shawn L. Braxton by JACOB J. LEW, THOMAS PEREZ, KATHLEEN SEBELIUS, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES, U.S. DEPARTMENT OF LABOR, U.S. DEPARTMENT OF TREASURY (Attachments: # 1 Exhibit, # 2 Exhibit) (Humphreys, Bradley) (Entered: 11/14/2013)

1 Exhibit

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2 Exhibit

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Nov. 14, 2013

Nov. 14, 2013

PACER
65

Proposed Order re 48 Motion to Dismiss for Failure to State a Claim, Motion for Summary Judgment, by JACOB J. LEW, THOMAS PEREZ, KATHLEEN SEBELIUS, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES, U.S. DEPARTMENT OF LABOR, U.S. DEPARTMENT OF TREASURY. (Humphreys, Bradley) (Entered: 11/14/2013)

Nov. 14, 2013

Nov. 14, 2013

PACER
66

BRIEF in Support re 6 Motion for Preliminary Injunction (Joint, Supplemental) filed by ERIE CATHOLIC PREPARATORY SCHOOL, LAWRENCE T. PERSICO, PRINCE OF PEACE CENTER, INC., ST. MARTIN CENTER, INC., THE ROMAN CATHOLIC DIOCESE OF ERIE. (Pohl, Paul) (Entered: 11/15/2013)

Nov. 15, 2013

Nov. 15, 2013

PACER
67

BRIEF in Opposition to 6 MOTION for Preliminary Injunction, Supplemental filed by JACOB J. LEW, THOMAS PEREZ, KATHLEEN SEBELIUS, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES, U.S. DEPARTMENT OF LABOR, U.S. DEPARTMENT OF TREASURY. (Humphreys, Bradley) (Entered: 11/15/2013)

Nov. 15, 2013

Nov. 15, 2013

PACER
68

BRIEF in Opposition re 50 Motion to Strike, filed by JACOB J. LEW, THOMAS PEREZ, KATHLEEN SEBELIUS, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES, U.S. DEPARTMENT OF LABOR, U.S. DEPARTMENT OF TREASURY. (Humphreys, Bradley) (Entered: 11/15/2013)

Nov. 15, 2013

Nov. 15, 2013

PACER
69

Proposed Case Management Order Revised Proposed Case Management Order by ERIE CATHOLIC PREPARATORY SCHOOL, LAWRENCE T. PERSICO, PRINCE OF PEACE CENTER, INC., ST. MARTIN CENTER, INC., THE ROMAN CATHOLIC DIOCESE OF ERIE. (Pohl, Paul) (Entered: 11/18/2013)

Nov. 18, 2013

Nov. 18, 2013

PACER
70

REPLY to 50 Motion to Strike, filed by ERIE CATHOLIC PREPARATORY SCHOOL, LAWRENCE T. PERSICO, PRINCE OF PEACE CENTER, INC., ST. MARTIN CENTER, INC., THE ROMAN CATHOLIC DIOCESE OF ERIE. (Pohl, Paul) (Entered: 11/18/2013)

Nov. 18, 2013

Nov. 18, 2013

PACER
71

REVISED CASE MANAGEMENT ORDER: Parties shall move to amend the pleadings or add new parties by 12/2/13; Exchange of required Rule 26(a)(1) information due by 12/20/2013; Motion to Compel due by 1/10/2014; Response to Motion to Compel due by 1/24/2014; Fact Discovery completed by 7/11/2014. Response to Motion to Dismiss or in the alternative, Motion for Summary Judgment due by 12/13/2013 Reply brief due by 1/3/2014; Surreply due 1/10/14. Signed by Judge Arthur J. Schwab on 11/19/13. (lck) (Entered: 11/19/2013)

Nov. 19, 2013

Nov. 19, 2013

PACER

CLERK'S OFFICE QUALITY CONTROL MESSAGE re 69 Proposed Case Management Order. ERROR: this is not a proposed order, this is a signed order. CORRECTION: resubmit using the eratta event without the Judge's signature. This message is for informational purposes only. This document will be removed from public view. (sdp)

Nov. 19, 2013

Nov. 19, 2013

PACER
73

ORDER denying 50 Motion to Strike Certification without prejudice. Signed by Judge Arthur J. Schwab on 11/20/2013. (lmt) (Entered: 11/20/2013)

Nov. 20, 2013

Nov. 20, 2013

PACER
74

SUMMONS/Return of Service Returned Executed. US ATTORNEY served 10/10/2013, answer due 12/9/2013 (dm) (Entered: 11/21/2013)

Nov. 20, 2013

Nov. 20, 2013

PACER
75

MEMORANDUM OPINION RE: 6 Plaintiffs' Motions for Expedited Preliminary Injunction. An appropriate Order follows. Signed by Judge Arthur J. Schwab on 11/21/2013. (lcb) (Entered: 11/21/2013)

Nov. 21, 2013

Nov. 21, 2013

RECAP
76

ORDER OF COURT GRANTING 6 Plaintiffs' Motions for Expedited Preliminary Injunctions. Signed by Judge Arthur J. Schwab on 11/21/2013. (lcb) (Entered: 11/21/2013)

Nov. 21, 2013

Nov. 21, 2013

PACER
77

BRIEF in Opposition re 48 Motion to Dismiss for Failure to State a Claim, Motion for Summary Judgment, filed by ERIE CATHOLIC PREPARATORY SCHOOL, LAWRENCE T. PERSICO, PRINCE OF PEACE CENTER, INC., ST. MARTIN CENTER, INC., THE ROMAN CATHOLIC DIOCESE OF ERIE. (Attachments: # 1 Index of Exhibits, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D) (Pohl, Paul) (Entered: 12/13/2013)

1 Index of Exhibits

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2 Exhibit A

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3 Exhibit B

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4 Exhibit C

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5 Exhibit D

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Dec. 13, 2013

Dec. 13, 2013

PACER
78

Unopposed MOTION for Permanent Injunction by ERIE CATHOLIC PREPARATORY SCHOOL, LAWRENCE T. PERSICO, PRINCE OF PEACE CENTER, INC., ST. MARTIN CENTER, INC., THE ROMAN CATHOLIC DIOCESE OF ERIE. (Attachments: # 1 Proposed Order) (Pohl, Paul) (Entered: 12/20/2013)

1 Proposed Order

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Dec. 20, 2013

Dec. 20, 2013

PACER
79

BRIEF in Support re 78 Motion for Permanent Injunction, filed by ERIE CATHOLIC PREPARATORY SCHOOL, LAWRENCE T. PERSICO, PRINCE OF PEACE CENTER, INC., ST. MARTIN CENTER, INC., THE ROMAN CATHOLIC DIOCESE OF ERIE. (Pohl, Paul) (Entered: 12/20/2013)

Dec. 20, 2013

Dec. 20, 2013

PACER
80

NOTICE of Non-Opposition to Plaintiffs' Motion to Convert Preliminary Injunction into Permanent Injunction by JACOB J. LEW, THOMAS PEREZ, KATHLEEN SEBELIUS, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES, U.S. DEPARTMENT OF LABOR, U.S. DEPARTMENT OF TREASURY re 78 Motion for Permanent Injunction. (Humphreys, Bradley) (Entered: 12/20/2013)

Dec. 20, 2013

Dec. 20, 2013

PACER
81

ORDER GRANTING 78 Unopposed Motion for Permanent Injunction. Signed by Judge Arthur J. Schwab on 12/20/13. (lck) (Entered: 12/20/2013)

Dec. 20, 2013

Dec. 20, 2013

RECAP
82

NOTICE OF APPEAL as to 81 Order on Motion for Permanent Injunction by JACOB J. LEW, THOMAS PEREZ, KATHLEEN SEBELIUS, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES, U.S. DEPARTMENT OF LABOR, U.S. DEPARTMENT OF TREASURY. Motion for IFP N/A. Certificate of Appealability N/A. Court Reporter(s): Richard Ford. The Clerk's Office hereby certifies the record and the docket sheet available through ECF to be the certified list in lieu of the record and/or the certified copy of the docket entries. The Transcript Purchase Order form will NOT be mailed to the parties. The form is available on the Court's internet site. (Humphreys, Bradley) (Entered: 02/11/2014)

Feb. 11, 2014

Feb. 11, 2014

PACER
84

JUDGMENT OF USCA as to 82 Notice of Appeal, filed by U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES, U.S. DEPARTMENT OF LABOR, JACOB J. LEW, THOMAS PEREZ, U.S. DEPARTMENT OF TREASURY, KATHLEEN SEBELIUS Reversing judgment/order of the district court. Mandate will follow. (pdb3, ) (Entered: 02/11/2015)

Feb. 11, 2015

Feb. 11, 2015

RECAP
85

NOTICE of Appearance by Adam Grogg on behalf of JACOB J. LEW, THOMAS PEREZ, KATHLEEN SEBELIUS, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES, U.S. DEPARTMENT OF LABOR, U.S. DEPARTMENT OF TREASURY. (Grogg, Adam) (Entered: 03/03/2015)

March 3, 2015

March 3, 2015

PACER
86

Unopposed MOTION to Withdraw as Attorney Bradley P Humphreys by JACOB J. LEW, THOMAS PEREZ, KATHLEEN SEBELIUS, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES, U.S. DEPARTMENT OF LABOR, U.S. DEPARTMENT OF TREASURY. (Attachments: # 1 Proposed Order) (Humphreys, Bradley) (Entered: 03/06/2015)

1 Proposed Order

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March 6, 2015

March 6, 2015

PACER
87

ORDER GRANTING 86 Motion to Withdraw as Attorney. Attorney Bradley P. Humphreys terminated. Signed by Judge Arthur J. Schwab on 3/6/15. (lck) (Entered: 03/06/2015)

March 6, 2015

March 6, 2015

PACER
88

MANDATE of USCA issued as to 82 Notice of Appeal. IT IS ORDERED and ADJUDGED by this Court that the Judgments of the District Court entered June 18, 2013, December 20, 2013, and December 23, 2013, be and the same, are hereby reversed. (Attachments: # 1 mandate letter, # 2 opinion) (tmm3, ) Modified on 4/17/2015. (dm) (Entered: 04/15/2015)

1 mandate letter

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2 opinion

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April 15, 2015

April 15, 2015

PACER
89

MOTION to Withdraw as Attorney by ERIE CATHOLIC PREPARATORY SCHOOL, LAWRENCE T. PERSICO, PRINCE OF PEACE CENTER, INC., ST. MARTIN CENTER, INC., THE ROMAN CATHOLIC DIOCESE OF ERIE. (Kilmartin, Alison) (Entered: 09/16/2015)

Sept. 16, 2015

Sept. 16, 2015

PACER
90

ORDER granting 89 Motion to Withdraw as Attorney. Attorney Alison M. Kilmartin terminated. Signed by Judge Arthur J. Schwab on 9/17/15. (lck) (Entered: 09/17/2015)

Sept. 17, 2015

Sept. 17, 2015

PACER
91

MOTION to Withdraw as Attorney by ERIE CATHOLIC PREPARATORY SCHOOL, LAWRENCE T. PERSICO, PRINCE OF PEACE CENTER, INC., ST. MARTIN CENTER, INC., THE ROMAN CATHOLIC DIOCESE OF ERIE. (Stahler, Mary Pat) (Entered: 09/30/2015)

Sept. 30, 2015

Sept. 30, 2015

PACER
92

TEXT ORDER granting 91 Motion to Withdraw as Attorney. Attorney Mary Pat Stahler terminated. Signed by Judge Arthur J. Schwab on 10/1/15. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (lck) (Entered: 10/01/2015)

Oct. 1, 2015

Oct. 1, 2015

PACER

Case Details

State / Territory: Pennsylvania

Case Type(s):

Speech and Religious Freedom

Special Collection(s):

Contraception Insurance Mandate

Multi-LexSum (in sample)

Key Dates

Filing Date: Oct. 8, 2013

Closing Date: 2015

Case Ongoing: No

Plaintiffs

Plaintiff Description:

The plaintiffs are a collection of Catholic charities in Pennsylvania

Plaintiff Type(s):

Non-profit religious organization

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

United States Department of Health and Human Services (Washington), Federal

United States Department of Labor (Washington), Federal

United States Department of the Treasury (Washington), Federal

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

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

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

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

Constitutional Clause(s):

Establishment Clause

Free Exercise Clause

Freedom of speech/association

Availably Documents:

Complaint (any)

Injunctive (or Injunctive-like) Relief

Non-settlement Outcome

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Preliminary injunction / Temp. restraining order

Source of Relief:

Litigation

Content of Injunction:

Implement complaint/dispute resolution process

Preliminary relief granted

Issues

General:

Abortion

Contraception

Discrimination-basis:

Religion discrimination

Type of Facility:

Non-government non-profit