Case: California v. Health and Human Services

4:17-cv-05783 | U.S. District Court for the Northern District of California

Filed Date: May 4, 2017

Case Ongoing

Clearinghouse coding complete

Case Summary

On May 4, 2017, President Trump issued an executive order seeking to “restore religious freedom.” The order suggested that federal agencies amend regulations about the preventative care mandate of the Affordable Care Act (ACA) to increase the pool of employers allowed to claim an exemption from providing contraceptive coverage. The agencies then issued two Interim Final Rules (IFRs) expanding the scope of the religious and moral exemptions. Any employer or health insurer with religious or moral…

On May 4, 2017, President Trump issued an executive order seeking to “restore religious freedom.” The order suggested that federal agencies amend regulations about the preventative care mandate of the Affordable Care Act (ACA) to increase the pool of employers allowed to claim an exemption from providing contraceptive coverage. The agencies then issued two Interim Final Rules (IFRs) expanding the scope of the religious and moral exemptions. Any employer or health insurer with religious or moral objections could opt out of the ACA's contraceptive-coverage requirement with no automatic way for women to continue to receive contraception if their employers opted out and with no required federal government oversight.

On October 6, 2017, California filed this lawsuit in the U.S. District Court for the Northern District of California. The state challenged the IFRs by suing the U.S. Department of Health and Human Services, the U.S. Department of Labor, and the U.S. Department of the Treasury under the Administrative Procedure Act (APA) (5 U.S.C. §§ 551 et seq.). Seeking declaratory and injunctive relief, the state claimed that the IFRs drastically reduced women’s access to contraceptive coverage and violated the APA, the Establishment Clause of the First Amendment, and the Equal Protection Clause of the Fifth Amendment. Specifically, they alleged that the defendants had failed to provide notice and comment as required by the APA and that the IFRs exceeded their statutory authority under the ACA. On November 1, the plaintiffs filed an amended complaint, which added Delaware, Maryland, New York, and Virginia as plaintiffs.

On November 9, 2017, the plaintiffs filed a motion for a preliminary injunction to enjoin implementation of the IFRs and preserve the status quo pending litigation.

On December 21, 2017, District Judge Haywood S. Gilliam granted the plaintiffs' motion and issued a nationwide injunction enjoining implementation of the IFRs. 281 F. Supp. 3d 806 (N.D. Cal. 2017). The Court found that the plaintiffs were likely to able to show that the process that passed the IFRs bypassed the typical rule-making procedure, violating the APA and causing them imminent harm. The Court noted that the defendants had completely changed their position on contraceptive coverage taken during the litigation of Zubik v. Burwell, There, the defendants recognized the need to balance the compelling interest in ensuring that women covered by all health plans received full and equal health coverage (including contraceptive coverage) with the goal of minimizing the burden on religious exercise. Here, however, the defendants refused to recognize any such compelling interest.

On December 29, 2017, Judge Gilliam granted a motion to intervene as a defendant filed by the Little Sisters of the Poor Jeanne Jugan Residence—a Roman Catholic order of nuns that serves the elderly poor. 2017 WL 6731640. On January 26, 2018, Judge Gilliam also granted the March for Life Education and Defense Fund's motion to intervene as a defendant.

The defendants each appealed the District Court's decision granting the plaintiffs' preliminary injunction to the U.S. Court of Appeals for the Ninth Circuit. The District Court stayed the proceedings pending resolution of the defendants' appeals.

Once the federal defendants issued Final Rules, set to take effect on January 14, 2019 and largely identical to the IFRs, the plaintiffs argued that these new rules meant that the defendants' appeals were moot. The plaintiffs asked the Court to lift the stay so that they could amend their complaint in order to challenge the final rules. On December 13, 2018, however, Judge Gilliam denied the plaintiffs' motion to lift the stay, holding that it did not have jurisdiction to do so given the broad scope of issues before the Ninth Circuit at that time.

On December 13, 2018, the Ninth Circuit issued its opinion to resolve each of the defendants' appeals (Circuit Judges J. Clifford Wallace, Andrew J. Kleinfeld, and Susan P. Graber). The Court affirmed the preliminary injunction insofar as it barred enforcement of the IFRs in the plaintiff states, but found that the scope of the injunction was over-broad. The Court vacated the portion of the injunction barring enforcement in other states and remanded to the District Court. 911 F.3d 558.

The plaintiffs filed a second amended complaint on December 18, 2018, which added Connecticut, the District of Columbia, Hawaii, Illinois, Minnesota, North Carolina, Rhode Island, Vermont, and Washington as plaintiffs. The amended complaint alleged that both the IFRs and the Final Rules violated the APA, the Establishment Clause, and the Equal Protection Clause. At that same time, the plaintiffs filed another motion for a preliminary injunction, seeking to enjoin the implementation of the Final Rules.

On December 26, 2018, the federal defendants filed a motion to stay all proceedings given the lapse in appropriations funding for the Department of Justice. In the alternative, they asked for an extension of the deadline to respond to the second amended complaint. Judge Gilliam denied the defendants' motion to stay proceedings given the impending effective date of the Final Rules (January 14), but granted the defendants an extension of time to submit their answer. Judge Gilliam also granted extensions to the Little Sisters and the March for Life.

On January 13, 2019, Judge Gilliam granted the plaintiffs' motion for a preliminary injunction. 2019 WL 178555. The Court found that, as to both Final Rules, the plaintiffs had shown that they were likely to succeed, or at a minimum raised serious questions going to the merits, on their claim that the religious and moral exemptions violated the APA. The Court also found that the plaintiffs were likely to suffer irreparable harm as a result of this violation, that the balance of hardships tipped sharply in their favor, and that the public interest favored granting the injunction.

Each of the defendants eventually appealed the District Court's decision to grant the preliminary injunction to the Ninth Circuit.

Judge Gilliam granted Oregon’s motion to intervene on February 1, 2019, but rejected Oregon’s request for joinder in the original thirteen states’ preliminary injunction motion because Oregon filed its motion for joinder after the court had already entered its order granting the preliminary injunction motion.

On April 30, 2019 the original thirteen states filed a motion for summary judgment, and Oregon filed a motion for a preliminary injunction of its own. Over the course of the next month, a flurry of amicus curiae briefs were submitted in support of the motion for summary judgment. And on May 31, 2019 the defendants filed a motion to dismiss, or in the alternative, for summary judgment.

Judge Gilliam granted Oregon's motion for a preliminary injunction on July 2, 2019.

On October 22, 2019, in an opinion that again addressed each of the defendants' appeals, the 9th Circuit affirmed the preliminary injunction, this time in its entirety. 941 F.3d 410. The defendants appealed to the Supreme Court.

However, Judge Gilliam stayed the case on January 22, 2020 after the Supreme Court granted certiorari in Little Sisters of the Poor v. Pennsylvania. In that case, the district judge had granted a nationwide injunction nearly identical to the nationwide injunction originally issued in this case. However, the Third Circuit had affirmed the nationwide character of the injunction. The Supreme Court ultimately held that the ACA gave the Health Resources and Service Administration the authority to grant exemptions based on employers’ religious objections to providing no-cost contraceptive coverage for their employees on July 8, 2020. Little Sisters of the Poor, 140 S. Ct. 2367.

Following that decision, the Supreme Court vacated the Ninth Circuit's judgment in this case and remanded. 141 S. Ct. 192. The Ninth Circuit subsequently vacated the preliminary injunction, and remanded back to the district court on October 8, 2020. 977 F.3d 801.

Nevertheless, while the plaintiffs withdrew their statutory authority and procedural claims, the plaintiffs alleged that the Supreme Court’s decision had not resolved all of their claims. So, on December 4, 2020, D.C. and the original thirteen states plus Oregon and three additional states (Michigan, Nevada, and Colorado, which had filed a motion to intervene in March 2019 that was still under consideration) filed a brief which asserted that because “the Exemptions Rules violate the APA in that they are arbitrary and capricious and contrary to law, this Court should grant the States’ motion for summary judgment and vacate the Rules.”

Judge Gilliam thus lifted the stay and reopened the case on December 14, 2020.

The case is ongoing.

Summary Authors

Eva Richardson (1/15/2019)

Raul Noguera-McElroy (3/3/2019)

Madeline Buday (2/17/2021)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/6166538/parties/state-of-california-v-health-and-human-services/


Judge(s)

Gilliam, Haywood Stirling Jr. (California)

Wallace, John Clifford (California)

Attorneys(s) for Plaintiff

Arndt, Christina Bull (California)

Boergers, Kathleen M (California)

Cammarata, Kimberly S. (Maryland)

Campion, Jacob (Minnesota)

Chesler, Elizabeth R. (New York)

Crane, Anna (Illinois)

Eisenberg, Karli Ann (California)

Elias, Nimrod P (California)

Judge(s)

Gilliam, Haywood Stirling Jr. (California)

Wallace, John Clifford (California)

Attorneys(s) for Plaintiff

Arndt, Christina Bull (California)

Boergers, Kathleen M (California)

Cammarata, Kimberly S. (Maryland)

Campion, Jacob (Minnesota)

Chesler, Elizabeth R. (New York)

Crane, Anna (Illinois)

Eisenberg, Karli Ann (California)

Elias, Nimrod P (California)

Field, Michael W. (Rhode Island)

Lau, Erin Naomi (Hawaii)

Lyons, David J. (Delaware)

Mark, Sara Haviva (New York)

Nannery, Valerie M (District of Columbia)

Osborne, Maura Murphy (Connecticut)

Palma, Neli Nima (California)

Richie, Leigh J. (Illinois)

Spottswood, Eleanor (Vermont)

Sprung, Jeffrey Todd (Washington)

Sullivan, Steven M. (Maryland)

Towell, Samuel (Virginia)

Willey, Jessica M. (Delaware)

Wise, R Matthew (California)

Wong, Michele Li (California)

Young, Alicia O (Washington)

Attorneys(s) for Defendant

Baylor, Gregory S. (District of Columbia)

Chavez-Ochoa, Brian R. (California)

Connelly, Kenneth J (Arizona)

Cortman, David A. (Georgia)

Davis, Ethan P. (District of Columbia)

DeFever, Jeanne Nicole (Oregon)

Kopplin, Rebecca M. (District of Columbia)

Price, Christen M. (District of Columbia)

Sandberg, Justin Michael (District of Columbia)

Theriot, Kevin H. (Kansas)

Other Attorney(s)

Batchelder, Rhiannon Nicole (New York)

Blumenfeld, Jeffrey (District of Columbia)

Bruno, Leah R. (Illinois)

Diana, Verm (District of Columbia)

Glynn, Katie Rose (California)

Levitt, Jamie A. (New York)

Loftus, John Robert (California)

Nadeau, Genevieve (Massachusetts)

Olson, Eric (Colorado)

Peiffer, John Charles II (California)

Rassbach, Eric C (District of Columbia)

Rienzi, Mark (District of Columbia)

Schulman, Janie Fay (California)

Siegel, Joel David (California)

Tyler, Robert H. (California)

White, Anna Erickson (California)

Windham, Lori H. (District of Columbia)

Documents in the Clearinghouse

Document

Docket

State of California v. Health and Human Services

Feb. 16, 2021 Docket
1

Complaint for Declaratory and Injunctive Relief

State of California v. Health and Human Services

Oct. 6, 2017 Complaint
105

Order Granting Plaintiffs' Motion for a Preliminary injunction

State of California v. Health and Human Services

281 F.Supp.3d 806

Dec. 21, 2017 Order/Opinion
165

Opinion

State of California v. Azar

U. S. Court of Appeals for the Ninth Circuit

911 F.3d 558

Dec. 13, 2018 Order/Opinion
170

Second Amended Complaint for Declaratory and Injunctive Relief

State of California v. Azar

Dec. 18, 2018 Complaint
234

Order Granting Plaintiffs' Motion for a Preliminary Injunction

State of California v. Health and Human Services

351 F.Supp.3d 1267, 2019 WL 178555

Jan. 13, 2019 Order/Opinion
387

Order Granting Motion for Preliminary Injunction

State of California v. Health and Human Services

390 F.Supp.3d 1061

July 2, 2019 Order/Opinion

Resources

Title Description External URL

Executive Order 13798—Promoting Free Speech and Religious Liberty

Donald J. Trump

It shall be the policy of the executive branch to vigorously enforce Federal law's robust protections for religious freedom. The Founders envisioned a Nation in which religious voices and views were … May 4, 2017 https://www.govinfo.gov/content/pkg/DCPD-201700309/pdf/DCPD-201700309.pdf

Docket

See docket on RECAP: https://www.courtlistener.com/docket/6166538/state-of-california-v-health-and-human-services/

Last updated May 12, 2022, 8 p.m.

ECF Number Description Date Link
1

COMPLAINT against All Defendants. Filed byState of California. (Attachments: # 1 Exhibit A, part 1 of 2, # 2 Exhibit A, part 2 od 2, # 3 Civil Cover Sheet, # 4 Summons)(Eisenberg, Karli) (Filed on 10/6/2017) (Entered: 10/06/2017)

1 Exhibit A, part 1 of 2

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2 Exhibit A, part 2 od 2

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3 Civil Cover Sheet

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4 Summons

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Oct. 6, 2017 RECAP
2

Case assigned to Magistrate Judge Kandis A. Westmore. 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. Consent/Declination due by 10/20/2017. (bwS, COURT STAFF) (Filed on 10/6/2017) (Entered: 10/10/2017)

Oct. 6, 2017 PACER

Electronic filing error. Filing fee due Re: 1 Complaint filed by State of California (bwS, COURT STAFF) (Filed on 10/10/2017)

Oct. 10, 2017 PACER

Electronic Filing Error

Oct. 10, 2017 PACER
3

FEE PAID (Filing fee$400,receipt number 0971-11783500). (Eisenberg, Karli) (Filed on 10/10/2017) (Entered: 10/10/2017)

Oct. 10, 2017 PACER

Electronic filing error. Incorrect event used. Correct event is Proposed Summons. [err101] Please re-file in its entirety. Re:[1-4] Summons filed by State of California (jmlS, COURT STAFF) (Filed on 10/11/2017)

Oct. 11, 2017 PACER

Electronic Filing Error

Oct. 11, 2017 PACER
4

Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 1/2/2018. Initial Case Management Conference set for 1/9/2018 01:30 PM in Courtroom 4, 3rd Floor, Oakland. (jmlS, COURT STAFF) (Filed on 10/11/2017) (Entered: 10/11/2017)

Oct. 11, 2017 PACER
5

Proposed Summons. (Eisenberg, Karli) (Filed on 10/11/2017) (Entered: 10/11/2017)

Oct. 11, 2017 PACER
6

Summons Issued as to Department of Labor, Secretary of United States Department of Labor, Department of the Treasury, Department of the Treasury, Secretary, Health and Human Services, Health and Human Services, Secretary, U.S. Attorney and U.S. Attorney General (jmlS, COURT STAFF) (Filed on 10/11/2017) (Entered: 10/11/2017)

Oct. 11, 2017 PACER
7

CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by State of California.. (Eisenberg, Karli) (Filed on 10/17/2017) (Entered: 10/17/2017)

Oct. 17, 2017 PACER
8

SUMMONS Returned Executed by State of California. Department of the Treasury, Secretary served on 10/12/2017, answer due 11/2/2017. State of California (Eisenberg, Karli) (Filed on 10/17/2017) (Entered: 10/17/2017)

Oct. 17, 2017 PACER
9

SUMMONS Returned Executed by State of California. Department of the Treasury served on 10/12/2017, answer due 11/2/2017. State of California (Eisenberg, Karli) (Filed on 10/17/2017) (Entered: 10/17/2017)

Oct. 17, 2017 PACER
10

SUMMONS Returned Executed by State of California. Correction from #9 (Eisenberg, Karli) (Filed on 10/17/2017) (Entered: 10/17/2017)

Oct. 17, 2017 PACER
11

SUMMONS Returned Executed by State of California. Health and Human Services, Secretary served on 10/12/2017, answer due 11/2/2017. State of California (Eisenberg, Karli) (Filed on 10/17/2017) (Entered: 10/17/2017)

Oct. 17, 2017 PACER
12

SUMMONS Returned Executed by State of California. Health and Human Services served on 10/12/2017, answer due 11/2/2017. State of California (Eisenberg, Karli) (Filed on 10/17/2017) (Entered: 10/17/2017)

Oct. 17, 2017 PACER
13

SUMMONS Returned Executed by State of California. Secretary of United States Department of Labor served on 10/12/2017, answer due 11/2/2017. State of California (Eisenberg, Karli) (Filed on 10/17/2017) (Entered: 10/17/2017)

Oct. 17, 2017 PACER
14

SUMMONS Returned Executed by State of California. Department of Labor served on 10/12/2017, answer due 11/2/2017. State of California (Eisenberg, Karli) (Filed on 10/17/2017) (Entered: 10/17/2017)

Oct. 17, 2017 PACER
15

CLERK'S NOTICE OF IMPENDING REASSIGNMENT TO A U.S. DISTRICT COURT JUDGE: The Clerk of this Court will now randomly reassign this case to a District Judge because either (1) a party has not consented to the jurisdiction of a Magistrate Judge, or (2) time is of the essence in deciding a pending judicial action for which the necessary consents to Magistrate Judge jurisdiction have not been secured. You will be informed by separate notice of the district judge to whom this case is reassigned. ALL HEARING DATES PRESENTLY SCHEDULED BEFORE THE CURRENT MAGISTRATE JUDGE ARE VACATED AND SHOULD BE RE-NOTICED FOR HEARING BEFORE THE JUDGE TO WHOM THIS CASE IS REASSIGNED. This is a text only docket entry; there is no document associated with this notice. (sisS, COURT STAFF) (Filed on 10/18/2017) (Entered: 10/18/2017)

Oct. 18, 2017 PACER
16

ORDER REASSIGNING CASE. Case reassigned to Judge Saundra Brown Armstrong for all further proceedings. Magistrate Judge Kandis A. Westmore no longer assigned to the case. Signed by Executive Committee on 10/18/2017. (jmlS, COURT STAFF) (Filed on 10/18/2017) (Entered: 10/18/2017)

Oct. 18, 2017 PACER
17

NOTICE of Appearance by R Matthew Wise (Wise, R) (Filed on 10/18/2017) (Entered: 10/18/2017)

Oct. 18, 2017 RECAP
18

ORDER OF RECUSAL. Signed by Judge Saundra B. Armstrong on 10/18/17. (dtmS, COURT STAFF) (Filed on 10/18/2017) (Entered: 10/19/2017)

Oct. 18, 2017 PACER
19

ORDER REASSIGNING CASE. Case reassigned to Judge Haywood S Gilliam, Jr for all further proceedings. Judge Saundra Brown Armstrong no longer assigned to the case. Signed by Executive Committee on 10/19/2017. (jmlS, COURT STAFF) (Filed on 10/19/2017) (Entered: 10/19/2017)

Oct. 19, 2017 PACER
20

NOTICE of Appearance by Michele Li Wong (Wong, Michele) (Filed on 10/19/2017) (Entered: 10/19/2017)

Oct. 19, 2017 PACER
21

NOTICE of Appearance by Justin Michael Sandberg on Behalf of Defendants (Sandberg, Justin) (Filed on 10/20/2017) (Entered: 10/20/2017)

Oct. 20, 2017 PACER
22

CLERK'S NOTICE SETTING CASE MANAGEMENT CONFERENCE FOR REASSIGNED CIVIL CASE. Notice is hereby given that a Case Management Conference has been set for January 9, 2018, before Judge Haywood S. Gilliam, Jr., at 2:00 p.m., in Courtroom 2, 4th Floor, 1301 Clay Street, Oakland, CA. Case Management Statement due by January 2, 2018. Standing orders can be downloaded from the court's web page at www.cand.uscourts.gov/judges. (This is a text-only entry generated by the court. There is no document associated with this entry.)(ndrS, COURT STAFF) (Filed on 10/20/2017) (Entered: 10/20/2017)

Oct. 20, 2017 PACER
23

CERTIFICATE OF SERVICE by State of California re 17 Notice of Appearance, 7 Consent/Declination to Proceed Before a US Magistrate Judge, 20 Notice of Appearance, 19 Order Reassigning Case,, Case Assigned/Reassigned, (Eisenberg, Karli) (Filed on 10/20/2017) (Entered: 10/20/2017)

Oct. 20, 2017 PACER
24

AMENDED COMPLAINT for Declaratory and Injunctive Relief against All Defendants. Filed byState of California, State of Delaware, Commonwealth of Virginia, State of Maryland, State of New York. (Attachments: # 1 Exhibit A1, # 2 Exhibit A2, # 3 Civil Cover Sheet)(Eisenberg, Karli) (Filed on 11/1/2017) (Entered: 11/01/2017)

1 Exhibit A1

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2 Exhibit A2

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3 Civil Cover Sheet

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Nov. 1, 2017 RECAP
26

NOTICE of Appearance of United States Citizen by Gary L. Coson (vlkS, COURT STAFF) (Filed on 11/2/2017) (Entered: 11/07/2017)

Nov. 2, 2017 RECAP
27

Response to Complaint by Gary L. Coson (vlkS, COURT STAFF) (Filed on 11/2/2017) (Entered: 11/07/2017)

Nov. 2, 2017 RECAP
25

ORDER by Hon. Haywood S. Gilliam, Jr. RELATING Case No. 17-cv-5772-HSG and Case No. 17-cv-5783-HSG. (This is a text-only entry generated by the court. There is no document associated with this entry.)(hsglc2S, COURT STAFF) (Filed on 11/6/2017) (Entered: 11/06/2017)

Nov. 6, 2017 PACER
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MOTION for Preliminary Injunction filed by Commonwealth of Virginia, State of California, State of Delaware, State of Maryland, State of New York. Motion Hearing set for 2/7/2018 02:00 PM in Courtroom 2, 4th Floor, Oakland before Judge Haywood S Gilliam Jr.. Responses due by 11/24/2017. Replies due by 12/1/2017. (Attachments: # 1 Declaration, # 2 Declaration, # 3 Declaration, # 4 Declaration, # 5 Declaration, # 6 Declaration, # 7 Declaration, # 8 Declaration, # 9 Declaration, # 10 Declaration, # 11 Declaration, # 12 Declaration, # 13 Declaration, # 14 Declaration, # 15 Declaration, # 16 Declaration)(Eisenberg, Karli) (Filed on 11/9/2017) (Entered: 11/09/2017)

1 Declaration

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2 Declaration

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3 Declaration

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4 Declaration

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5 Declaration

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6 Declaration

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7 Declaration

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8 Declaration

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9 Declaration

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10 Declaration

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11 Declaration

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12 Declaration

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13 Declaration

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14 Declaration

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15 Declaration

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16 Declaration

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Nov. 9, 2017 RECAP
29

MOTION for Leave to File Excess Pages filed by Commonwealth of Virginia, State of California, State of Delaware, State of Maryland, State of New York. (Attachments: # 1 Declaration)(Eisenberg, Karli) (Filed on 11/9/2017) (Entered: 11/09/2017)

1 Declaration

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Nov. 9, 2017 PACER
30

MOTION to Shorten Time filed by Commonwealth of Virginia, State of California, State of Delaware, State of Maryland, State of New York. (Attachments: # 1 Declaration)(Eisenberg, Karli) (Filed on 11/9/2017) (Entered: 11/09/2017)

1 Declaration

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Nov. 9, 2017 RECAP
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ORDER by Hon. Haywood S. Gilliam, Jr. GRANTING 29 Motion for Leave to File Excess Pages. (This is a text-only entry generated by the court. There is no document associated with this entry.)(hsglc2S, COURT STAFF) (Filed on 11/10/2017) (Entered: 11/10/2017)

Nov. 10, 2017 PACER
32

ORDER by Hon. Haywood S. Gilliam, Jr. GRANTING 30 Motion to Shorten Time. (hsglc2S, COURT STAFF) (Filed on 11/10/2017) (Entered: 11/10/2017)

Nov. 10, 2017 RECAP

Reset Hearing as to 28 MOTION for Preliminary Injunction : Motion Hearing set for 12/14/2017 10:30 AM before Judge Haywood S. Gilliam Jr. (ndrS, COURT STAFF) (Filed on 11/13/2017)

Nov. 13, 2017 PACER

Set Motion and Deadlines/Hearings

Nov. 13, 2017 PACER
33

Document Refiled at 34 . STIPULATION WITH PROPOSED ORDER re Set Motion and Deadlines/Hearings filed by Commonwealth of Virginia, State of California, State of Delaware, State of Maryland, State of New York. (Attachments: # 1 Declaration)(Eisenberg, Karli) (Filed on 11/15/2017) Modified on 11/15/2017 (vlkS, COURT STAFF). Modified on 11/15/2017 (vlkS, COURT STAFF). (Entered: 11/15/2017)

Nov. 15, 2017 PACER

Set Motion and Deadlines/Hearings

Nov. 15, 2017 PACER
34

STIPULATION WITH PROPOSED ORDER re Set Motion and Deadlines/Hearings filed by Commonwealth of Virginia, State of California, State of Delaware, State of Maryland, State of New York. (Attachments: # 1 Declaration, # 2 Proposed Order)(Eisenberg, Karli) (Filed on 11/15/2017) (Entered: 11/15/2017)

1 Declaration

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2 Proposed Order

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Nov. 15, 2017 PACER
35

MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 310, receipt number 0971-11880522.) filed by State of Maryland. (Attachments: # 1 Exhibit Certificate of Good Standing)(Sullivan, Steven) (Filed on 11/15/2017) (Entered: 11/15/2017)

Nov. 15, 2017 PACER
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ORDER by Judge Haywood S. Gilliam, Jr. Granting 34 Stipulation SETTING THE BRIEFING SCHEDULE ON THE STATES 28 PRELIMINARY INJUNCTION AND REQUESTING TO RESCHEDULE THE HEARING. (ndrS, COURT STAFF) (Filed on 11/15/2017) (Entered: 11/15/2017)

Nov. 15, 2017 RECAP

Reset Deadlines/Hearing as to 28 MOTION for Preliminary Injunction Pursuant to Docket No. 36 : Responses due by 11/29/2017; Replies due by 12/6/2017; Motion Hearing set for 12/12/2017 02:00 PM before Judge Haywood S. Gilliam Jr. (ndrS, COURT STAFF) (Filed on 11/15/2017)

Nov. 15, 2017 PACER
37

NOTICE of Appearance by Eric C. Rassbach (Rassbach, Eric) (Filed on 11/21/2017) (Entered: 11/21/2017)

Nov. 21, 2017 RECAP
38

MOTION to Intervene filed by The Little Sisters of the Poor Jeanne Jugan Residence. Motion Hearing set for 2/22/2018 02:00 PM in Courtroom 2, 4th Floor, Oakland before Judge Haywood S Gilliam Jr.. Responses due by 12/5/2017. Replies due by 12/12/2017. (Attachments: # 1 Proposed Order, # 2 Exhibit Proposed Answer, # 3 Declaration Declaration of Mother Superior Marguerite Marie McCarthy)(Rassbach, Eric) (Filed on 11/21/2017) (Entered: 11/21/2017)

1 Proposed Order

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2 Exhibit Proposed Answer

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3 Declaration Declaration of Mother Superior Marguerite Marie McCarthy

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Nov. 21, 2017 RECAP
39

MOTION to Shorten Time for Hearing and Briefing Schedule re Motion to Intervene filed by The Little Sisters of the Poor Jeanne Jugan Residence. (Attachments: # 1 Declaration of Eric Rassbach, # 2 Proposed Order)(Rassbach, Eric) (Filed on 11/21/2017) Modified on 11/22/2017 (cpS, COURT STAFF). (Entered: 11/21/2017)

1 Declaration of Eric Rassbach

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2 Proposed Order

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Nov. 21, 2017 PACER
40

Certificate of Interested Entities by The Little Sisters of the Poor Jeanne Jugan Residence (Rassbach, Eric) (Filed on 11/21/2017) (Entered: 11/21/2017)

Nov. 21, 2017 PACER
41

CERTIFICATE OF SERVICE by Commonwealth of Virginia, State of California, State of Delaware, State of Maryland, State of New York (Eisenberg, Karli) (Filed on 11/22/2017) (Entered: 11/22/2017)

Nov. 22, 2017 PACER

Electronic Filing Error

Nov. 22, 2017 PACER

Electronic filing error. Interested Entities or Persons Must be Entered at the Prompt. Please re-file in its entirety Re: 40 Certificate of Interested Entities filed by The Little Sisters of the Poor Jeanne Jugan Residence (cpS, COURT STAFF) (Filed on 11/22/2017)

Nov. 22, 2017 PACER
42

Certificate of Interested Entities by The Little Sisters of the Poor Jeanne Jugan Residence identifying Other Affiliate Elizabeth Chesler, Other Affiliate Becket Fund for Religious Liberty, Other Affiliate Eric D. Hargan, Other Affiliate Michele Li Wong, Other Affiliate R Matthew Wise, Other Affiliate Karli Ann Eisenberg, Other Affiliate Jessica M Willey, Other Affiliate Samuel Towell, Other Affiliate Kimberly S Cammarata, Other Affiliate Justin Michael Sandberg, Other Affiliate Little Sisters of the Poor Jeanne Jugan Residence, Other Affiliate Eric C. Rassbach for The Little Sisters of the Poor Jeanne Jugan Residence. (Rassbach, Eric) (Filed on 11/22/2017) (Entered: 11/22/2017)

Nov. 22, 2017 PACER
43

OPPOSITION/RESPONSE (re 39 MOTION to Shorten Time for Hearing and Briefing Schedule re Motion to Intervene ) filed byCommonwealth of Virginia, State of California, State of Delaware, State of Maryland, State of New York. (Attachments: # 1 Declaration)(Eisenberg, Karli) (Filed on 11/22/2017) (Entered: 11/22/2017)

1 Declaration

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Nov. 22, 2017 RECAP
44

REPLY (re 39 MOTION to Shorten Time for Hearing and Briefing Schedule re Motion to Intervene ) filed byThe Little Sisters of the Poor Jeanne Jugan Residence. (Rassbach, Eric) (Filed on 11/24/2017) (Entered: 11/24/2017)

Nov. 24, 2017 PACER
45

MOTION for Leave to File Excess Pages in Opposition to PI Motion filed by Department of Labor, Secretary of United States Department of Labor, Department of the Treasury, Department of the Treasury, Secretary, Health and Human Services, Health and Human Services, Secretary. (Attachments: # 1 Declaration, # 2 Proposed Order)(Sandberg, Justin) (Filed on 11/24/2017) (Entered: 11/24/2017)

Nov. 24, 2017 PACER
46

MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 310, receipt number 0971-11901353.) filed by State of New York. (Attachments: # 1 Certificate of Good Standing)(Chesler, Elizabeth) (Filed on 11/24/2017) (Entered: 11/24/2017)

Nov. 24, 2017 PACER
47

MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 310, receipt number 0971-11902541.) filed by State of New York. (Attachments: # 1 Certificate of Good Standing)(Mark, Sara) (Filed on 11/27/2017) (Entered: 11/27/2017)

Nov. 27, 2017 PACER

Set Motion and Deadlines/Hearings

Nov. 27, 2017 PACER
48

ORDER by Judge Haywood S. Gilliam, Jr. Granting 39 Motion to Shorten Time for Hearing and Briefing Schedule re Motion to Intervene. (ndrS, COURT STAFF) (Filed on 11/27/2017) (Entered: 11/27/2017)

Nov. 27, 2017 RECAP

Reset Deadlines/Hearings as to 38 MOTION to Intervene Pursuant to Docket No. 48 : Responses due by 12/5/2017; Replies due by 12/11/2017; Motion Hearing set for 12/12/2017 02:00 PM before Judge Haywood S. Gilliam Jr. (ndrS, COURT STAFF) (Filed on 11/27/2017)

Nov. 27, 2017 PACER
49

ORDER by Hon. Haywood S. Gilliam, Jr. DENYING 45 Defendants' motion for leave to file a brief of up to 45 pages in opposition to Plaintiff's motion for a preliminary injunction. Defendants' opposition brief shall not exceed 35 pages. (This is a text-only entry generated by the court. There is no document associated with this entry.)(hsglc2S, COURT STAFF) (Filed on 11/27/2017) (Entered: 11/27/2017)

Nov. 27, 2017 PACER
50

MOTION for leave to appear in Pro Hac Vice for Samuel T. Towell ( Filing fee $ 310, receipt number 0971-11911647.) filed by Commonwealth of Virginia. (Attachments: # 1 Exhibit Certificate of Good Standing)(Towell, Samuel) (Filed on 11/29/2017) (Entered: 11/29/2017)

Nov. 29, 2017 PACER
51

OPPOSITION/RESPONSE (re 28 MOTION for Preliminary Injunction ) filed byDepartment of Labor, Secretary of United States Department of Labor, Department of the Treasury, Department of the Treasury, Secretary, Health and Human Services, Health and Human Services, Secretary. (Attachments: # 1 Exhibit)(Sandberg, Justin) (Filed on 11/29/2017) (Entered: 11/29/2017)

1 Exhibit

View on PACER

Nov. 29, 2017 RECAP
52

MOTION for leave to appear in Pro Hac Vice for Jessica M. Willey ( Filing fee $ 310, receipt number 0971-11913801.) filed by State of Delaware. (Attachments: # 1 Exhibit Certificate of Good Standing)(Willey, Jessica) (Filed on 11/30/2017) (Entered: 11/30/2017)

Nov. 30, 2017 PACER
53

MAUNUALLY FILED Administrative Record (CD Format) filed byDepartment of Labor, Secretary of United States Department of Labor, Department of the Treasury, Department of the Treasury, Secretary, Health and Human Services, Health and Human Services, Secretary. (vlkS, COURT STAFF) (Filed on 11/30/2017) (Entered: 11/30/2017)

Nov. 30, 2017 PACER
54

MOTION to File Amicus Curiae Brief filed by Commonwealth of Massachusetts. Responses due by 12/5/2017. (Attachments: # 1 Proposed Order)(Nadeau, Genevieve) (Filed on 12/1/2017) (Entered: 12/01/2017)

Dec. 1, 2017 PACER
55

ORDER by Judge Haywood S. Gilliam, Jr. Granting 54 Motion to File Amicus Curiae Brief. (ndrS, COURT STAFF) (Filed on 12/4/2017) (Entered: 12/04/2017)

Dec. 4, 2017 RECAP
56

MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 310, receipt number 0971-11924006.) filed by The American Association of University Women, The Service Employees International Union, Girls Inc., If/When/How: Lawyering for Reproductive Justice, California Women Lawyers, Hispanic Lawyers Association of Illinois, Women's Bar Association of the State of New York, Women Lawyers on Guard Inc.. (Attachments: # 1 Exhibit Certificate of Good Standing)(Levitt, Jamie) (Filed on 12/4/2017) (Entered: 12/04/2017)

Dec. 4, 2017 PACER
57

MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 310, receipt number 0971-11924076.) filed by California Women Lawyers, Girls Inc., Hispanic Lawyers Association of Illinois, If/When/How: Lawyering for Reproductive Justice, The American Association of University Women, The Service Employees International Union, Women Lawyers on Guard Inc., Women's Bar Association of the State of New York. (Attachments: # 1 Exhibit Certificate of Good Standing)(Batchelder, Rhiannon) (Filed on 12/4/2017) (Entered: 12/04/2017)

Dec. 4, 2017 PACER
58

NOTICE of Appearance by Nimrod Pitsker Elias for Plaintiff the State of California (Elias, Nimrod) (Filed on 12/5/2017) (Entered: 12/05/2017)

Dec. 5, 2017 PACER
59

NOTICE of Appearance by Anna Erickson White (White, Anna) (Filed on 12/5/2017) (Entered: 12/05/2017)

Dec. 5, 2017 PACER
60

MOTION for Leave to File Excess Pages filed by Commonwealth of Virginia, State of California, State of Delaware, State of Maryland, State of New York. (Attachments: # 1 Declaration, # 2 Proposed Order)(Wise, R) (Filed on 12/5/2017) (Entered: 12/05/2017)

Dec. 5, 2017 PACER
61

NOTICE of Appearance by Janie Fay Schulman (Schulman, Janie) (Filed on 12/5/2017) (Entered: 12/05/2017)

Dec. 5, 2017 PACER
62

ORDER by Judge Haywood S. Gilliam, Jr. Granting 60 Motion for Leave to File Excess Pages. (ndrS, COURT STAFF) (Filed on 12/5/2017) (Entered: 12/05/2017)

Dec. 5, 2017 RECAP
63

NOTICE of Appearance by Christina Bull Arndt (Arndt, Christina) (Filed on 12/5/2017) (Entered: 12/05/2017)

Dec. 5, 2017 PACER
64

OPPOSITION/RESPONSE (re 38 MOTION to Intervene ) filed byCommonwealth of Virginia, State of California, State of Delaware, State of Maryland, State of New York. (Elias, Nimrod) (Filed on 12/5/2017) (Entered: 12/05/2017)

Dec. 5, 2017 PACER
65

Consent ADMINISTRATIVE MOTION Leave to Appear as Amici Curiae and to File an Amicus Brief in Support of Plaintiffs' Motion for a Preliminary Injunction and Memorandum in Support Thereof re 28 MOTION for Preliminary Injunction filed by California Women Lawyers, Georgia Association for Women Lawyers, Girls Inc., Hispanic Lawyers Association of Illinois, If/When/How: Lawyering for Reproductive Justice, The American Association of University Women, The American Federation of Teachers, The Colorado Women's Bar Association, The National Association of Social Workers, The National Association of Women Lawyers, The Service Employees International Union, The Women's Bar Association of Massachusetts, Women Lawyers on Guard Inc., Women's Bar Association of the State of New York, Lawyers Club of San Diego, Women Lawyers' Association of Los Angeles. Responses due by 12/11/2017. (Attachments: # 1 Exhibit A: Stipulation and [Proposed] Order Granting Motion for Leave to Appear as Amici Curiae and to File an Amicus Brief in Support of Plaintiffs' Motion for a Preliminary Injunction, # 2 Exhibit B: Brief of Amici Curiae)(Schulman, Janie) (Filed on 12/5/2017) (Entered: 12/05/2017)

Dec. 5, 2017 PACER
79

OPPOSITION/RESPONSE (re 28 MOTION for Preliminary Injunction ) filed by Gary Coson. (vlkS, COURT STAFF) (Filed on 12/5/2017) (Entered: 12/07/2017)

Dec. 5, 2017 PACER
80

RESPONSE to re 39 Ex Parte Application for Order Shortening Time. (vlkS, COURT STAFF) (Filed on 12/5/2017) (Entered: 12/07/2017)

Dec. 5, 2017 PACER
66

NOTICE of Appearance by John Charles Peiffer, II (Peiffer, John) (Filed on 12/6/2017) (Entered: 12/06/2017)

Dec. 6, 2017 PACER
67

MOTION for Leave to File Amicus Curiae Brief filed by American Center of Law & Justice. (Attachments: # 1 Proposed Order)(Tyler, Robert) (Filed on 12/6/2017) (Entered: 12/06/2017)

1 Proposed Order

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Dec. 6, 2017 PACER
68

ORDER by Judge Haywood S. Gilliam, Jr. Granting 65 Consent ADMINISTRATIVE MOTION Leave to Appear as Amici Curiae and to File an Amicus Brief in Support of Plaintiffs' 28 Motion for a Preliminary Injunction. (ndrS, COURT STAFF) (Filed on 12/6/2017) (Entered: 12/06/2017)

Dec. 6, 2017 RECAP
69

NOTICE of Appearance by Julie Yu-Ping Weng-Gutierrez (Weng-Gutierrez, Julie) (Filed on 12/6/2017) (Entered: 12/06/2017)

Dec. 6, 2017 PACER
70

MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 310, receipt number 0971-11929987.) filed by The Little Sisters of the Poor Jeanne Jugan Residence. (Windham, Lori) (Filed on 12/6/2017) (Entered: 12/06/2017)

Dec. 6, 2017 PACER
71

MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 310, receipt number 0971-11930012.) filed by The Little Sisters of the Poor Jeanne Jugan Residence. (Rienzi, Mark) (Filed on 12/6/2017) (Entered: 12/06/2017)

Dec. 6, 2017 PACER
72

Brief re 28 MOTION for Preliminary Injunction ; Brief of Amici Curiae filed byCalifornia Women Lawyers, Georgia Association for Women Lawyers, Girls Inc., Hispanic Lawyers Association of Illinois, If/When/How: Lawyering for Reproductive Justice, Lawyers Club of San Diego, The American Association of University Women, The American Federation of Teachers, The Colorado Women's Bar Association, The National Association of Social Workers, The National Association of Women Lawyers, The Service Employees International Union, The Women's Bar Association of Massachusetts, Women Lawyers on Guard Inc., Women Lawyers' Association of Los Angeles, Women's Bar Association of the State of New York. (Related document(s) 28 ) (Schulman, Janie) (Filed on 12/6/2017) (Entered: 12/06/2017)

Dec. 6, 2017 PACER
73

NOTICE of Appearance by Julie Yu-Ping Weng-Gutierrez AMENDED (Weng-Gutierrez, Julie) (Filed on 12/6/2017) (Entered: 12/06/2017)

Dec. 6, 2017 PACER
74

Brief of Amici Curiae Massachusetts, Connecticut, District of Columbia, Hawaii, Illinois, Iowa, Maine, Minnesota, New Mexico, North Carolina, Oregon, Pennsylvania, Rhode Island, Vermont, and Washington filed byCommonwealth of Massachusetts. (Attachments: # 1 Exhibit A)(Nadeau, Genevieve) (Filed on 12/6/2017) (Entered: 12/06/2017)

Dec. 6, 2017 PACER
75

OPPOSITION/RESPONSE (re 28 MOTION for Preliminary Injunction ) [PROPOSED] filed byThe Little Sisters of the Poor Jeanne Jugan Residence. (Rassbach, Eric) (Filed on 12/6/2017) (Entered: 12/06/2017)

Dec. 6, 2017 PACER
76

ORDER by Judge Haywood S. Gilliam, Jr. Granting 67 Motion for Leave to File Amicus Curiae Brief. (ndrS, COURT STAFF) (Filed on 12/6/2017) (Entered: 12/06/2017)

Dec. 6, 2017 RECAP
77

ORDER by Hon. Haywood S. Gilliam, Jr. DIRECTING any prospective amici to file their motions for leave to file an amicus curiae brief no later than December 7, 2017 at 12:00 noon. (This is a text-only entry generated by the court. There is no document associated with this entry.) (hsglc1S, COURT STAFF) (Filed on 12/6/2017) (Entered: 12/06/2017)

Dec. 6, 2017 PACER
78

REPLY (re 28 MOTION for Preliminary Injunction ) filed byCommonwealth of Virginia, State of California, State of Delaware, State of Maryland, State of New York. (Attachments: # 1 Declaration Declaration of Sharita Gruberg in Support of the States' Reply to Opposition to Motion for Preliminary Injunction, # 2 Exhibit)(Wise, R) (Filed on 12/6/2017) (Entered: 12/06/2017)

1 Declaration Declaration of Sharita Gruberg in Support of the States' Reply

View on RECAP

2 Exhibit

View on PACER

Dec. 6, 2017 RECAP
81

NOTICE by The Little Sisters of the Poor Jeanne Jugan Residence (Rassbach, Eric) (Filed on 12/7/2017) (Entered: 12/07/2017)

Dec. 7, 2017 PACER
82

ORDER by Judge Haywood S. Gilliam, Jr. Granting 56 Motion for Pro Hac Vice as to Levitt, Jamie. (ndrS, COURT STAFF) (Filed on 12/8/2017) (Entered: 12/08/2017)

Dec. 8, 2017 RECAP
83

ORDER by Judge Haywood S. Gilliam, Jr. Granting 57 Motion for Pro Hac Vice as to Batchelder, Rhiannon. (ndrS, COURT STAFF) (Filed on 12/8/2017) (Entered: 12/08/2017)

Dec. 8, 2017 RECAP
84

STATEMENT OF RECENT DECISION pursuant to Civil Local Rule 7-3.d Relating to the Motion to Intervene filed byCommonwealth of Virginia, State of California, State of Delaware, State of Maryland, State of New York. (Elias, Nimrod) (Filed on 12/8/2017) (Entered: 12/08/2017)

Dec. 8, 2017 PACER
85

ORDER by Judge Haywood S. Gilliam, Jr. Granting 70 Motion for Pro Hac Vice as to Windham, Lori. (ndrS, COURT STAFF) (Filed on 12/8/2017) (Entered: 12/08/2017)

Dec. 8, 2017 RECAP
86

ORDER by Judge Haywood S. Gilliam, Jr. Granting 71 Motion for Pro Hac Vice as to Rienzi, Mark. (ndrS, COURT STAFF) (Filed on 12/8/2017) (Entered: 12/08/2017)

Dec. 8, 2017 RECAP
87

MOTION to Intervene filed by March for Life Education and Defense Fund. Motion Hearing set for 3/1/2018 02:00 PM in Courtroom 2, 4th Floor, Oakland before Judge Haywood S Gilliam Jr.. Responses due by 12/22/2017. Replies due by 12/29/2017. (Attachments: # 1 Declaration Jeanne Mancini, # 2 Exhibit Proposed Answer, # 3 Proposed Order)(Chavez-Ochoa, Brian) (Filed on 12/8/2017) (Entered: 12/08/2017)

Dec. 8, 2017 PACER
88

MOTION for leave to appear in Pro Hac Vice Kevin H, Theriot ( Filing fee $ 310, receipt number 0971-11939432.) filed by March for Life Education and Defense Fund. (Attachments: # 1 Exhibit Certificate of Good Standing)(Chavez-Ochoa, Brian) (Filed on 12/8/2017) (Entered: 12/08/2017)

Dec. 8, 2017 PACER

State / Territory: California

Case Type(s):

Speech and Religious Freedom

Special Collection(s):

Contraception Insurance Mandate

Key Dates

Filing Date: May 4, 2017

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

California and several other states

Plaintiff Type(s):

State Plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Department of Labor, Federal

Department of the Treasury, Federal

Department of Health and Human Services, Federal

Defendant Type(s):

Hospital/Health Department

Case Details

Causes of Action:

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

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

Constitutional Clause(s):

Equal Protection

Establishment Clause

Availably Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

Preliminary injunction / Temp. restraining order

Source of Relief:

Litigation

Content of Injunction:

Preliminary relief granted

Issues

General:

Contraception

Public benefits (includes, e.g., in-state tuition, govt. jobs)

Religious programs / policies

Discrimination-basis:

Religion discrimination