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Case: American Civil Liberties Union of Massachusetts v. Leavitt

1:09-cv-10038 | U.S. District Court for the District of Massachusetts

Filed Date: Jan. 12, 2009

Closed Date: Jan. 16, 2013

Clearinghouse coding complete

Case Summary

The ACLU of Massachusetts brought this suit against the U.S. Department of Health and Human Services on January 12, 2009 in the District of Massachusetts; Judge Richard G. Stearns heard the case. Represented by its national and Massachusetts in-house legal teams, the ACLU alleged that the Department violated the Establishment Clause of the First Amendment by allocating grant funding to a religious organization that imposed religiously-based restrictions on sub-grants. The ACLU specifically chal…

The ACLU of Massachusetts brought this suit against the U.S. Department of Health and Human Services on January 12, 2009 in the District of Massachusetts; Judge Richard G. Stearns heard the case. Represented by its national and Massachusetts in-house legal teams, the ACLU alleged that the Department violated the Establishment Clause of the First Amendment by allocating grant funding to a religious organization that imposed religiously-based restrictions on sub-grants. The ACLU specifically challenged a federal contract between the Department and the United States Conference of Catholic Bishops (the Bishops), because the Bishops refused to subcontract with organizations that offered sexual health care, abortions, or contraception on religious grounds. The ACLU sought declaratory and injunctive relief on behalf of its members, including legal fees and a permanent injunction to prevent the Department from issuing grants subject to religious restrictions. 

The Department offered the disputed grants under the Trafficking Victims Protection Act (the Act), which aimed to restore self-sufficiency to victims of human trafficking in the United States. In part, the Act permitted the Department to issue grants to organizations that provided assistance to these victims, including healthcare. The ACLU alleged that the Bishops’ prohibition on sexual health care, contraception, and abortion posed a public health hazard and opposed the goal of the Act. Specifically, the organization emphasized that the majority of trafficking victims in the United States were women who faced a high risk of sexual assault, forced prostitution, and other forms of violence as a result of trafficking, increasing the need for sexual and reproductive healthcare. 

The Department responded with a motion to dismiss the case on May 15, 2009, arguing that the ACLU lacked standing. Following a hearing on the motion to dismiss, Judge Stearns denied the motion on March 22, 2010, finding that the ACLU’s membership had a significant interest in the case, as many of them were federal taxpayers. Following this denial, the Bishops became involved in the suit, officially intervening as a defendant on June 18th, 2010. 

After intervening in the suit, the Bishops moved to dismiss the case for lack of subject matter jurisdiction on August 9, 2011. The same day, each of the parties submitted motions for summary judgment, for which the court held a hearing on October 18, 2011. At this hearing, the Department argued that the case was moot, because the contract between the Bishops and the Department expired on October 10, 2011 and the Department did not renew it. The ACLU, the Bishops, and the court disagreed.

Judge Stearns granted the ACLU’s motion for summary judgment on March 23, 2012, finding that the government violated the Establishment Clause by delegating authority to the Bishops to impose religiously based restrictions on the expenditure of taxpayer funds. 

The following month, on April 17, 2012, the Bishops appealed the case to the First Circuit, which reversed in a decision by Judge Sandra Lynch. Her January 15, 2013, opinion found that the Department’s decision to not renew the contract rendered the case moot. She vacated the initial judgment and remanded the case with instructions for dismissal, requiring each party to bear their own costs. The case is now closed. 705 F. 3d 44 (2013).

 

Summary Authors

Betsy Sheppard (7/10/2022)

Documents in the Clearinghouse

Document
1

1:09-cv-10038

Complaint

Jan. 12, 2009

Jan. 12, 2009

Complaint
31

1:09-cv-10038

Memorandum and Order on Defendants’ Motion to Dismiss

American Civil Liberties Union of Massachusetts v. Sebelius

March 22, 2010

March 22, 2010

Order/Opinion
105

1:09-cv-10038

Memorandum and Order on Cross-Motions for Summary Judgment and Defendant-Intervenor's Motion to Dismiss

American Civil Liberties Union of Massachusetts v. Sebelius

March 23, 2012

March 23, 2012

Order/Opinion
122

1:09-cv-10038

12-01466

Court of Appeals opinion holding case moot.

American Civil Liberties Union of Massachusetts v. United States Conference of Catholic Bishops

U. S. Court of Appeals for the First Circuit

Jan. 16, 2013

Jan. 16, 2013

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4816168/american-civil-liberties-union-of-massachusetts-v-leavitt/

Last updated Oct. 28, 2022, 3:07 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT American Civil Liberties Union of Massachusetts against Michael O Leavitt, Daniel Schneider, David H Siegel Filing fee: $ 350, receipt number 01010000000002253787, filed by American Civil Liberties Union of Massachusetts. (Attachments: # 1 Civil Cover Sheet, # 2 Category form)(Wunsch, Sarah) (Entered: 01/12/2009)

Jan. 12, 2009

Jan. 12, 2009

Clearinghouse
2

MOTION for Leave to Appear Pro Hac Vice for admission of Brigitte Amiri, Daniel Mach, Rose Saxe, Heather Weaver Filing fee $ 200, receipt number 01010000000002253842. by American Civil Liberties Union of Massachusetts. (Attachments: # 1 Affidavit Amiri Certificate, # 2 Affidavit Mach Certificate, # 3 Affidavit Saxe Certificate, # 4 Affidavit Weaver Certificate)(Wunsch, Sarah) (Entered: 01/12/2009)

Jan. 12, 2009

Jan. 12, 2009

PACER
3

NOTICE of Appearance by Sarah R. Wunsch on behalf of American Civil Liberties Union of Massachusetts (Wunsch, Sarah) (Entered: 01/12/2009)

Jan. 12, 2009

Jan. 12, 2009

PACER
4

CORPORATE DISCLOSURE STATEMENT by American Civil Liberties Union of Massachusetts. (Wunsch, Sarah) (Entered: 01/12/2009)

Jan. 12, 2009

Jan. 12, 2009

PACER
5

Summons Issued as to Michael O Leavitt, Daniel Schneider, David H Siegel, U.S. Attorney and U.S. Attorney General Counsel receiving this notice electronically should download this summons, complete one for each defendant and serve it in accordance with Fed.R.Civ.P. 4 and LR 4.1. Summons will be mailed to plaintiff(s) not receiving notice electronically for completion of service. (Flaherty, Elaine) (Entered: 01/12/2009)

Jan. 12, 2009

Jan. 12, 2009

PACER

ELECTRONIC NOTICE of Case Assignment. Judge Richard G. Stearns assigned to case. If the trial Judge issues an Order of Reference of any matter in this case to a Magistrate Judge, the matter will be transmitted to Magistrate Judge Dein (Flaherty, Elaine)

Jan. 12, 2009

Jan. 12, 2009

PACER

Judge Richard G. Stearns: Electronic ORDER entered granting 2 Motion for Leave to Appear Pro Hac Vice; Added Brigitte Amiri for American Civil Liberties Union of Massachusetts, Rose A. Saxe for American Civil Liberties Union of Massachusetts, Daniel Mach for American Civil Liberties Union of Massachusetts, Heather Weaver for American Civil Liberties Union of Massachusetts. Attorneys admitted Pro Hac Vice must register for electronic filing. To register go to the Court website at www.mad.uscourts.gov. Select Forms and then scroll down to CM/ECF Forms. (Flaherty, Elaine)

Jan. 12, 2009

Jan. 12, 2009

PACER
6

SUMMONS Returned Executed by American Civil Liberties Union of Massachusetts. Michael O Leavitt served on 1/13/2009, answer due 3/16/2009. (Amiri, Brigitte) (Entered: 01/16/2009)

Jan. 16, 2009

Jan. 16, 2009

PACER
7

SUMMONS Returned Executed by American Civil Liberties Union of Massachusetts. Daniel Schneider served on 1/13/2009, answer due 3/16/2009. (Amiri, Brigitte) (Entered: 01/16/2009)

Jan. 16, 2009

Jan. 16, 2009

PACER
8

SUMMONS Returned Executed by American Civil Liberties Union of Massachusetts. David H Siegel served on 1/13/2009, answer due 3/16/2009. (Amiri, Brigitte) (Entered: 01/16/2009)

Jan. 16, 2009

Jan. 16, 2009

PACER
9

NOTICE of Appearance by Brigitte Amiri on behalf of American Civil Liberties Union of Massachusetts (Amiri, Brigitte) (Entered: 01/16/2009)

Jan. 16, 2009

Jan. 16, 2009

PACER
10

NOTICE of Appearance by Rose A. Saxe on behalf of American Civil Liberties Union of Massachusetts (Saxe, Rose) (Entered: 01/22/2009)

Jan. 22, 2009

Jan. 22, 2009

PACER
11

NOTICE of Appearance by Daniel Mach on behalf of American Civil Liberties Union of Massachusetts (Mach, Daniel) (Entered: 01/23/2009)

Jan. 23, 2009

Jan. 23, 2009

PACER
12

NOTICE of Appearance by Heather Weaver on behalf of American Civil Liberties Union of Massachusetts (Weaver, Heather) (Entered: 01/23/2009)

Jan. 23, 2009

Jan. 23, 2009

PACER
13

NOTICE of Appearance by Peter J. Phipps on behalf of Michael O Leavitt, Daniel Schneider, David H Siegel (Phipps, Peter) (Entered: 02/25/2009)

Feb. 25, 2009

Feb. 25, 2009

PACER
14

Consent MOTION for Extension of Time to April 30, 2009 to File Answer re 1 Complaint, by Michael O Leavitt, Daniel Schneider, David H Siegel. (Attachments: # 1 Text of Proposed Order)(Phipps, Peter) (Entered: 03/04/2009)

March 4, 2009

March 4, 2009

PACER

Judge Richard G. Stearns: Electronic ORDER entered granting 14 Motion for Extension of Time to Answer re 1 Complaint, Michael O Leavitt answer due 4/30/2009; Daniel Schneider answer due 4/30/2009; David H Siegel answer due 4/30/2009. (Flaherty, Elaine)

March 6, 2009

March 6, 2009

PACER
15

NOTICE of Appearance by Jennifer A. Serafyn on behalf of Michael O Leavitt (Serafyn, Jennifer) (Entered: 04/07/2009)

April 7, 2009

April 7, 2009

PACER
16

NOTICE of Withdrawal of Appearance by Jennifer A. Serafyn (Serafyn, Jennifer) (Entered: 04/09/2009)

April 9, 2009

April 9, 2009

PACER
17

Consent MOTION for Extension of Time to May 15, 2009 to File Answer re 1 Complaint, by Michael O Leavitt, Daniel Schneider, David H Siegel. (Attachments: # 1 Text of Proposed Order)(Phipps, Peter) (Entered: 04/27/2009)

April 27, 2009

April 27, 2009

PACER

Judge Richard G. Stearns: Electronic ORDER entered granting 17 Motion for Extension of Time to Answer Defendants answer due 5/15/2009. (Zierk, Marsha)

April 28, 2009

April 28, 2009

PACER
18

MOTION to Dismiss for Lack of Jurisdiction by Michael O Leavitt, Daniel Schneider, David H Siegel. (Attachments: # 1 Text of Proposed Order)(Phipps, Peter) (Entered: 05/15/2009)

May 15, 2009

May 15, 2009

PACER
19

MEMORANDUM in Support re 18 MOTION to Dismiss for Lack of Jurisdiction filed by Michael O Leavitt, Daniel Schneider, David H Siegel. (Attachments: # 1 Exhibit HHS Request for Proposals)(Phipps, Peter) (Entered: 05/15/2009)

May 15, 2009

May 15, 2009

PACER
20

First MOTION for Extension of Time to 7/13/09 to File Response/Reply as to 19 Memorandum in Support of Motion, 18 MOTION to Dismiss for Lack of Jurisdiction by American Civil Liberties Union of Massachusetts. (Attachments: # 1 Text of Proposed Order)(Amiri, Brigitte) (Entered: 05/26/2009)

May 26, 2009

May 26, 2009

PACER

Judge Richard G. Stearns: Electronic ORDER entered granting in part and denying in part 20 Motion for Extension of Time to File Response/Reply granted until 06/25/2009. (RGS, law1)

June 12, 2009

June 12, 2009

PACER

Set/Reset Deadlines as to 18 MOTION to Dismiss for Lack of Jurisdiction. Responses due by 6/25/2009 (Johnson, Jay)

June 16, 2009

June 16, 2009

PACER
21

Opposition re 18 MOTION to Dismiss for Lack of Jurisdiction filed by American Civil Liberties Union of Massachusetts. (Amiri, Brigitte) (Entered: 06/25/2009)

June 25, 2009

June 25, 2009

PACER
22

Consent MOTION for Leave to File Reply Memorandum by Michael O Leavitt, Daniel Schneider, David H Siegel. (Attachments: # 1 Text of Proposed Order)(Phipps, Peter) (Entered: 06/30/2009)

June 30, 2009

June 30, 2009

PACER

Judge Richard G. Stearns: Electronic ORDER entered granting 22 Motion for Leave to File; Counsel using the Electronic Case Filing System should now file the document for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures. Counsel must include - Leave to file granted on (date of order)- in the caption of the document. (RGS, law1)

July 8, 2009

July 8, 2009

PACER
23

REPLY to Response to 18 MOTION to Dismiss for Lack of Jurisdiction filed by Michael O Leavitt, Daniel Schneider, David H Siegel. (Phipps, Peter) (Entered: 07/17/2009)

July 17, 2009

July 17, 2009

PACER
24

MOTION for Leave to File Supplement to Plaintiff's Opposition to Defendants' Motion to Dismiss by American Civil Liberties Union of Massachusetts.(Amiri, Brigitte) (Entered: 07/24/2009)

July 24, 2009

July 24, 2009

PACER

Judge Richard G. Stearns: Electronic ORDER entered granting 24 Motion for Leave to File; Counsel using the Electronic Case Filing System should now file the document for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures. Counsel must include - Leave to file granted on (date of order)- in the caption of the document. (RGS, law1)

Aug. 6, 2009

Aug. 6, 2009

PACER
25

Supplemental Opposition re 18 MOTION to Dismiss for Lack of Jurisdiction filed by American Civil Liberties Union of Massachusetts. (Amiri, Brigitte) (Entered: 08/07/2009)

Aug. 7, 2009

Aug. 7, 2009

PACER
26

NOTICE of Scheduling Conference: Scheduling Conference set for 9/28/2009 for 2:15 PM in Courtroom 21 before Judge Richard G. Stearns. (Seelye, Terri) (Entered: 08/31/2009)

Aug. 31, 2009

Aug. 31, 2009

PACER
27

Joint MOTION to Continue Scheduling Conference to Until After Resolution of Motion to Dismiss or Until the Week of November 16, 2009, Joint MOTION for Hearing re 18 MOTION to Dismiss for Lack of Jurisdiction ( Responses due by 10/5/2009) by American Civil Liberties Union of Massachusetts, Michael O Leavitt, Daniel Schneider, David H Siegel.(Phipps, Peter) (Entered: 09/21/2009)

Sept. 21, 2009

Sept. 21, 2009

PACER

Judge Richard G. Stearns: Electronic ORDER entered granting 27 Motion to Continue Scheduling Conference. If necessary, a scheduling conference will be set at a later date. FURTHER, should the Court decide to set a hearing on the Motion to Dismiss a notice will be issued. (Seelye, Terri)

Sept. 25, 2009

Sept. 25, 2009

PACER

ELECTRONIC NOTICE of Hearing on Motion 18 to Dismiss for Lack of Jurisdiction : Motion Hearing set for 11/18/2009 at 2:00 PM in Courtroom 21 before Judge Richard G. Stearns. (Seelye, Terri)

Oct. 6, 2009

Oct. 6, 2009

PACER

ELECTRONIC NOTICE of RESCHEDULING of Hearing on Motion 18 to Dismiss for Lack of Jurisdiction : Due to a court conflict the Motion Hearing is RESET for 12/3/2009 at 2:00 PM in Courtroom 21 before Judge Richard G. Stearns. (Seelye, Terri)

Oct. 19, 2009

Oct. 19, 2009

PACER
28

NOTICE by Michael O Leavitt, Daniel Schneider, David H Siegel re 23 Reply to Response to Motion, 19 Memorandum in Support of Motion (Phipps, Peter) (Entered: 12/02/2009)

Dec. 2, 2009

Dec. 2, 2009

PACER

Clerk's Notes for proceedings held before Judge Richard G. Stearns: Motion Hearing held on 12/3/2009 re 18 MOTION to Dismiss for Lack of Jurisdiction filed by defendants. The court took the matter under advisement. (Court Reporter: Debra Joyce.)(Attorneys present: Brigitte Amiri and Sarah R. Wunsch for plaintiff; Peter J. Phipps for defendants) (RGS, law2)

Dec. 3, 2009

Dec. 3, 2009

PACER
29

Transcript of Motion Hearing held on December 3, 2009, before Judge Stearns. Court Reporter: Debra M. Joyce at joycedebra@gmail.com. The Transcript may be purchased through the Court Reporter, viewed at the public terminal, or viewed through PACER after it is released. Redaction Request due 1/4/2010. Redacted Transcript Deadline set for 1/14/2010. Release of Transcript Restriction set for 3/15/2010. (Scalfani, Deborah) (Entered: 12/14/2009)

Dec. 14, 2009

Dec. 14, 2009

PACER
30

NOTICE is hereby given that an official transcript of a proceeding has been filed by the court reporter in the above-captioned matter. Counsel are referred to the Court's Transcript Redaction Policy, a copy of which is attached to this entry.. (Scalfani, Deborah) (Entered: 12/14/2009)

Dec. 14, 2009

Dec. 14, 2009

PACER
31

Judge Richard G. Stearns: MEMORANDUM AND ORDER entered.(Tyler, Rebecca) (Entered: 03/22/2010)

March 22, 2010

March 22, 2010

Clearinghouse
32

JOINT STATEMENT re scheduling conference. (Phipps, Peter) (Entered: 04/05/2010)

April 5, 2010

April 5, 2010

PACER
33

Judge Richard G. Stearns: ELECTRONIC ORDER entered. SCHEDULING ORDER: Answer due 5/5/2010; Motions re: joining or intervention of other parties due by 5/19/2010; Expert report/disclosure by 7/15/2010; Rebuttal expert by 8/31/2010; Discovery to be completed by 9/30/2010; any discovery motions filed by 10/7/2010; Dispositive motions due by 11/15/2010; Oppositions due 12/15/2010. No replies without leave of court.(Tyler, Rebecca) Modified on 4/8/2010 (Tyler, Rebecca). Modified on 4/9/2010 (Flaherty, Elaine).(please note that this docket entry does not have a document number(33) it's an electronic order. (Entered: 04/08/2010)

April 8, 2010

April 8, 2010

PACER
34

ANSWER to 1 Complaint, by Michael O Leavitt, Daniel Schneider, David H Siegel.(Phipps, Peter) (Entered: 05/07/2010)

May 7, 2010

May 7, 2010

PACER
35

NOTICE of Appearance by Henry C. Dinger on behalf of United States Conference of Catholic Bishops (Dinger, Henry) (Entered: 05/19/2010)

May 19, 2010

May 19, 2010

PACER
36

Assented to MOTION for Extension of Time to June 2, 2010 to Move to Intervene by United States Conference of Catholic Bishops. (Attachments: # 1 Text of Proposed Order)(Dinger, Henry) (Entered: 05/19/2010)

May 19, 2010

May 19, 2010

PACER

Set/Reset Deadlines: U.S. Conference of Catholic Bishops' deadline to file motion to intervene extended to 6/2/2010. (Tyler, Rebecca)

May 20, 2010

May 20, 2010

PACER

Judge Richard G. Stearns: ELECTRONIC ORDER entered granting 36 Motion for Extension of Time. (Tyler, Rebecca)

May 20, 2010

May 20, 2010

PACER
37

MOTION to Intervene by United States Conference of Catholic Bishops. (Attachments: # 1 Memorandum of Law in Support, # 2 Proposed Answer, # 3 Text of Proposed Order)(Dinger, Henry) (Entered: 06/02/2010)

June 2, 2010

June 2, 2010

PACER

Judge Richard G. Stearns: ELECTRONIC ORDER entered granting 37 Motion to Intervene. (Tyler, Rebecca)

June 18, 2010

June 18, 2010

PACER
38

Joint MOTION for Extension of Time to Varied to Complete Discovery and File Dispostive Motions by American Civil Liberties Union of Massachusetts, Michael O Leavitt, Daniel Schneider, David H Siegel, United States Conference of Catholic Bishops.(Amiri, Brigitte) (Entered: 10/20/2010)

Oct. 20, 2010

Oct. 20, 2010

PACER

Judge Richard G. Stearns: ELECTRONIC ORDER entered granting 38 Motion for Extension of Time to Complete Discovery Discovery to be completed by 12/15/2010; discovery motion 12/30/10. Expert report disclosure 12/15/10; rebuttals 1/14/11. Expert depositions 1/21/11. Summary Judgment Motions due by 1/28/2011; oppositions by 2/28/11; replies 3/15/11. (Flaherty, Elaine)

Oct. 21, 2010

Oct. 21, 2010

PACER
39

NOTICE of Appearance by Gregory Dworkowitz on behalf of Michael O Leavitt, Daniel Schneider, David H Siegel (Dworkowitz, Gregory) (Entered: 12/13/2010)

Dec. 13, 2010

Dec. 13, 2010

PACER
40

Judge Richard G. Stearns: PROCEDURAL ORDER entered re pretrial/trial. Bench Trial set for 3/21/2011 at 9:00 AM in Courtroom 21 before Judge Richard G. Stearns.(Seelye, Terri) (Entered: 02/18/2011)

Feb. 18, 2011

Feb. 18, 2011

PACER
41

Joint MOTION for Status Conference by American Civil Liberties Union of Massachusetts, Michael O Leavitt, Daniel Schneider, David H Siegel, United States Conference of Catholic Bishops.(Phipps, Peter) (Entered: 02/22/2011)

Feb. 22, 2011

Feb. 22, 2011

PACER

Judge Richard G. Stearns: ELECTRONIC ORDER entered granting 41 Motion, Treating the Joint Motion for Status Conference as one for an extension of time. The schedule is amended as follows: Expert report / disclosure date by April 7, 2011; Rebuttal expert report / disclosure date by May 13, 2011; Discovery cut-off date (all discovery requests must be served in time to allow for completion before this date)- May 30, 2011; Discovery motion cut-off date (all motions related to discovery must be filed by this date) June 7, 2011; Motions for summary judgment due no later than July 25, 2011; Oppositions for summary judgment motions due no later than August 25, 2011 (or 30 days after service of a summary judgment motion); Reply memoranda for summary judgment motions due no later than September 9, 2011 (or 15 days after service of an opposition). The court is not inclined to further extensions to this schedule. (Zierk, Marsha) Modified on 2/23/2011 (Flaherty, Elaine).

Feb. 23, 2011

Feb. 23, 2011

PACER
42

NOTICE of Appearance by Catalina E. Azuero on behalf of United States Conference of Catholic Bishops (Azuero, Catalina) (Entered: 02/24/2011)

Feb. 24, 2011

Feb. 24, 2011

PACER
43

Joint MOTION for Protective Order by American Civil Liberties Union of Massachusetts, Michael O Leavitt, Daniel Schneider, David H Siegel, United States Conference of Catholic Bishops. (Attachments: # 1 Text of Proposed Order)(Phipps, Peter) (Entered: 03/11/2011)

March 11, 2011

March 11, 2011

PACER
44

Joint MEMORANDUM in Support re 43 Joint MOTION for Protective Order filed by American Civil Liberties Union of Massachusetts, Michael O Leavitt, Daniel Schneider, David H Siegel, United States Conference of Catholic Bishops. (Attachments: # 1 Exhibit)(Phipps, Peter) (Entered: 03/11/2011)

March 11, 2011

March 11, 2011

PACER
45

Judge Richard G. Stearns: ORDER entered. PROTECTIVE ORDER(Flaherty, Elaine) (Entered: 03/17/2011)

March 17, 2011

March 17, 2011

PACER

Judge Richard G. Stearns: ELECTRONIC ORDER entered granting 43 Motion for Protective Order (Flaherty, Elaine)

March 17, 2011

March 17, 2011

PACER
46

Judge Richard G. Stearns: AMENDED PROCEDURAL ORDER entered re pretrial/trial. Bench Trial RESET for 11/14/2011 - 11/18/2011 at 9:00 AM in Courtroom 21 before Judge Richard G. Stearns. (Seelye, Terri) (Entered: 03/18/2011)

March 18, 2011

March 18, 2011

PACER

Set/Reset Scheduling Order Deadlines: Expert Reports/disclosure date by 4/7/11. Rebuttal expert report/disclosures due by 5/13/11. Discovery to be completed by 5/30/2011. Discovery motion cut off date 7/7/11. Motions for summary judgment by 7/25/11; oppositions to summary judgment by 8/25/2011; replies 9/9/11. (Flaherty, Elaine)

March 24, 2011

March 24, 2011

PACER
47

MOTION for Leave to Appear Pro Hac Vice for admission of Andrew Beck Filing fee: $ 50, receipt number 0101-3387876 by American Civil Liberties Union of Massachusetts. (Attachments: # 1 Affidavit Certificate Andrew Beck)(Wunsch, Sarah) (Entered: 05/03/2011)

May 3, 2011

May 3, 2011

PACER

Judge Richard G. Stearns: ELECTRONIC ORDER entered granting 47 Motion for Leave to Appear Pro Hac Vice (Flaherty, Elaine)

May 3, 2011

May 3, 2011

PACER
48

NOTICE of Appearance by Andrew Beck on behalf of American Civil Liberties Union of Massachusetts (Beck, Andrew) (Entered: 05/06/2011)

May 6, 2011

May 6, 2011

PACER
49

Joint MOTION for Extension of Time to June 14, 2011 to Complete Discovery To Take One Deposition by American Civil Liberties Union of Massachusetts, Michael O Leavitt, Daniel Schneider, David H Siegel, United States Conference of Catholic Bishops.(Amiri, Brigitte) (Entered: 05/27/2011)

May 27, 2011

May 27, 2011

PACER

Judge Richard G. Stearns: ELECTRONIC ORDER entered granting 49 Joint Motion for Extension of Time to Take One Deposition. (RGS, law2)

May 27, 2011

May 27, 2011

PACER
50

Consent MOTION for Extension of Time to Aug 9, 2011 to file summary judgment motions, to September 9, 2011 for opposition briefs, and to September 23, 2011 for reply briefs by Michael O Leavitt, Daniel Schneider, David H Siegel.(Phipps, Peter) (Entered: 07/15/2011)

July 15, 2011

July 15, 2011

PACER

Judge Richard G. Stearns: ELECTRONIC ORDER entered granting 50 Motion for Two-Week Extension of Time. The parties will adhere to the following schedule: Motions for summary judgment due no later than August 9, 2011; Oppositions to summary judgment motions due no later than September 9, 2011; Reply memoranda due no later than September 23, 2011.(RGS, law2)

July 20, 2011

July 20, 2011

PACER

Set/Reset Scheduling Order Deadlines: Summary Judgment Motions due by 8/9/2011; oppositions by 9/9/11; reply memoranda 9/23/11. (Flaherty, Elaine)

Aug. 1, 2011

Aug. 1, 2011

PACER
51

MOTION to Unseal Document Marked Improperly as Confidential by USCCB by American Civil Liberties Union of Massachusetts.(Amiri, Brigitte) (Entered: 08/03/2011)

Aug. 3, 2011

Aug. 3, 2011

PACER
52

MEMORANDUM in Support re 51 MOTION to Unseal Document Marked Improperly as Confidential by USCCB filed by American Civil Liberties Union of Massachusetts. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E)(Amiri, Brigitte) (Entered: 08/03/2011)

Aug. 3, 2011

Aug. 3, 2011

PACER
53

MOTION to Seal Document by United States Conference of Catholic Bishops.(Dinger, Henry) (Entered: 08/04/2011)

Aug. 4, 2011

Aug. 4, 2011

PACER
54

Opposition re 51 MOTION to Unseal Document Marked Improperly as Confidential by USCCB filed by United States Conference of Catholic Bishops. (Dinger, Henry) (Entered: 08/04/2011)

Aug. 4, 2011

Aug. 4, 2011

PACER
55

MEMORANDUM OF LAW by United States Conference of Catholic Bishops to 54 Opposition to Motion. (Dinger, Henry) (Entered: 08/04/2011)

Aug. 4, 2011

Aug. 4, 2011

PACER
56

DECLARATION re 55 Memorandum of Law of Catalina Azuero by United States Conference of Catholic Bishops. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F)(Azuero, Catalina) Exhibits A, B & C unsealed per order of 10/6/11. Modified text on 10/14/2011 (Seelye, Terri). (Entered: 08/04/2011)

Aug. 4, 2011

Aug. 4, 2011

PACER
57

DECLARATION re 55 Memorandum of Law of Beth N. Englander by United States Conference of Catholic Bishops. (Attachments: # 1 Exhibit A)(Dinger, Henry) (Entered: 08/04/2011)

Aug. 4, 2011

Aug. 4, 2011

PACER
58

DECLARATION re 55 Memorandum of Law of Beth N. Englander by United States Conference of Catholic Bishops. (Dinger, Henry) (Entered: 08/05/2011)

Aug. 5, 2011

Aug. 5, 2011

PACER
59

NOTICE OF MANUAL FILING by United States Conference of Catholic Bishops (Dinger, Henry) (Entered: 08/05/2011)

Aug. 5, 2011

Aug. 5, 2011

PACER
60

MEMORANDUM in Opposition re 53 MOTION to Seal Document filed by Michael O Leavitt, Daniel Schneider, David H Siegel. (Attachments: # 1 Exhibit)(Phipps, Peter) (Entered: 08/08/2011)

Aug. 8, 2011

Aug. 8, 2011

PACER
61

RESPONSE to Motion re 51 MOTION to Unseal Document Marked Improperly as Confidential by USCCB filed by Michael O Leavitt, Daniel Schneider, David H Siegel. (Phipps, Peter) (Entered: 08/08/2011)

Aug. 8, 2011

Aug. 8, 2011

PACER
62

Exhibits to Affidavit Catalina Azuerio filed by United States Conference of Catholic Bishops (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit)(Flaherty, Elaine) Modified on 8/9/2011 (Flaherty, Elaine). Documents unsealed per order of 10/6/11. Modified text on 10/14/2011 (Seelye, Terri). (Entered: 08/09/2011)

Aug. 9, 2011

Aug. 9, 2011

PACER
63

Assented to MOTION to Seal by United States Conference of Catholic Bishops.(Dinger, Henry) (Entered: 08/09/2011)

Aug. 9, 2011

Aug. 9, 2011

PACER
64

MOTION for Summary Judgment by American Civil Liberties Union of Massachusetts. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M, # 14 Exhibit N, # 15 Exhibit O, # 16 Exhibit P, # 17 Exhibit Q, # 18 Exhibit R, # 19 Exhibit S, # 20 Exhibit T, # 21 Exhibit U, # 22 Exhibit V, # 23 Exhibit W, # 24 Exhibit X, # 25 Exhibit Y, # 26 Exhibit Z, # 27 Exhibit AA, # 28 Exhibit BB, # 29 Exhibit CC, # 30 Exhibit DD, # 31 Exhibit EE, # 32 Exhibit FF, # 33 Exhibit GG)(Amiri, Brigitte) (Entered: 08/09/2011)

Aug. 9, 2011

Aug. 9, 2011

PACER
65

MEMORANDUM in Support re 64 MOTION for Summary Judgment filed by American Civil Liberties Union of Massachusetts. (Amiri, Brigitte) (Entered: 08/09/2011)

Aug. 9, 2011

Aug. 9, 2011

PACER
66

MOTION to Dismiss for Lack of Subject Matter Jurisdiction. by United States Conference of Catholic Bishops.(Dinger, Henry) (Entered: 08/09/2011)

Aug. 9, 2011

Aug. 9, 2011

PACER
67

MEMORANDUM in Support re 66 MOTION to Dismiss for Lack of Subject Matter Jurisdiction. filed by United States Conference of Catholic Bishops. (Dinger, Henry) (Entered: 08/09/2011)

Aug. 9, 2011

Aug. 9, 2011

PACER
68

MOTION for Summary Judgment by United States Conference of Catholic Bishops.(Dinger, Henry) (Entered: 08/09/2011)

Aug. 9, 2011

Aug. 9, 2011

PACER
69

MEMORANDUM in Support re 68 MOTION for Summary Judgment filed by United States Conference of Catholic Bishops. (Dinger, Henry) (Entered: 08/09/2011)

Aug. 9, 2011

Aug. 9, 2011

PACER
70

Statement of Material Facts L.R. 56.1 re 68 MOTION for Summary Judgment filed by United States Conference of Catholic Bishops. (Dinger, Henry) (Entered: 08/09/2011)

Aug. 9, 2011

Aug. 9, 2011

PACER
71

DECLARATION re 68 MOTION for Summary Judgment by United States Conference of Catholic Bishops. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15, # 16 Exhibit 16, # 17 Exhibit 17, # 18 Exhibit 18, # 19 Exhibit 19, # 20 Exhibit 20, # 21 Exhibit 21, # 22 Exhibit 22, # 23 Exhibit 23, # 24 Exhibit 24, # 25 Exhibit 25, # 26 Exhibit 26, # 27 Exhibit 27, # 28 Exhibit 28)(Azuero, Catalina) (Entered: 08/09/2011)

Aug. 9, 2011

Aug. 9, 2011

PACER
72

NOTICE OF MANUAL FILING by United States Conference of Catholic Bishops - Exhibit 6 re 71 Declaration,, (Dinger, Henry) (Entered: 08/09/2011)

Aug. 9, 2011

Aug. 9, 2011

PACER
73

MOTION for Summary Judgment by Michael O Leavitt, Daniel Schneider, David H Siegel. (Attachments: # 1 Text of Proposed Order)(Phipps, Peter) (Entered: 08/09/2011)

Aug. 9, 2011

Aug. 9, 2011

PACER
74

Statement of Material Facts L.R. 56.1 re 73 MOTION for Summary Judgment filed by Michael O Leavitt, Daniel Schneider, David H Siegel. (Attachments: # 1 Exhibit Table of Contents and Exhibits 1-10, # 2 Exhibit Exhibits 11-20, # 3 Exhibit Exhibits 21-30, # 4 Exhibit Exhibits 31-40)(Phipps, Peter) (Entered: 08/09/2011)

Aug. 9, 2011

Aug. 9, 2011

PACER
75

MEMORANDUM in Support re 73 MOTION for Summary Judgment filed by Michael O Leavitt, Daniel Schneider, David H Siegel. (Phipps, Peter) (Entered: 08/09/2011)

Aug. 9, 2011

Aug. 9, 2011

PACER
76

Exhibit 6 to Declaration of Catalina Azuero filed in support of United States Conference of Catholic Bishops' Motion for Summary Judgment. (Flaherty, Elaine) Documents unsealed per order of 10/6/11. Modified text on 10/14/2011 (Seelye, Terri). (Entered: 08/11/2011)

Aug. 9, 2011

Aug. 9, 2011

PACER
77

Exhibits re: Defendants' Rule 56.1 statement of facts. (Flaherty, Elaine) Modified on 8/18/2011 (Flaherty, Elaine). Documents unsealed per order of 10/6/11. Modified text on 10/14/2011 (Seelye, Terri). (Entered: 08/16/2011)

Aug. 16, 2011

Aug. 16, 2011

PACER

Case Details

State / Territory: Massachusetts

Case Type(s):

Reproductive Issues

Key Dates

Filing Date: Jan. 12, 2009

Closing Date: Jan. 16, 2013

Case Ongoing: No

Plaintiffs

Plaintiff Description:

ACLU of Massachusetts, a nonprofit membership organization

Attorney Organizations:

ACLU National (all projects)

ACLU Affiliates (any)

Public Interest Lawyer: Yes

Filed Pro Se: Yes

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

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

United States Conference of Catholic Bishops (Washington, District of Columbia), Private Entity/Person

Case Details

Causes of Action:

Ex Parte Young (Federal) or Bivens

Ex parte Young (federal or state officials)

Constitutional Clause(s):

Establishment Clause

Availably Documents:

Trial Court Docket

Complaint (any)

Any published opinion

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

None

Source of Relief:

None

Issues

General:

Abortion

Contraception

Religious programs / policies