Case: Irish 4 Reproductive Health v. United States Department of Health and Human Services

3:18-cv-00491 | U.S. District Court for the Northern District of Indiana

Filed Date: June 26, 2018

Case Ongoing

Clearinghouse coding complete

Case Summary

The suit challenged a settlement agreement between the Trump Administration and the University of Notre Dame to deny students, employees, and their dependents insurance coverage of contraceptive care guaranteed to them by the Affordable Care Act (ACA). The lawsuit also challenged the Trump administration’s interim final rules announced in October 2017 that would have allowed virtually any employer or university to refuse to comply with the ACA contraceptive coverage requirement. On June 26, 201…

The suit challenged a settlement agreement between the Trump Administration and the University of Notre Dame to deny students, employees, and their dependents insurance coverage of contraceptive care guaranteed to them by the Affordable Care Act (ACA). The lawsuit also challenged the Trump administration’s interim final rules announced in October 2017 that would have allowed virtually any employer or university to refuse to comply with the ACA contraceptive coverage requirement. On June 26, 2018, the National Women’s Law Center, Americans United for Separation of Church and State, the Center for Reproductive Rights, and a private firm filed this suit on behalf of Notre Dame student group Irish 4 Reproductive Health and others insured under Notre Dame’s health plans. The plaintiffs filed the lawsuit against U.S. Department of Health and Human Services, the U.S. Department of Labor, the U.S. Department of the Treasury, the Secretary of Health and Human Services, the Secretary of Labor, the Secretary of the Treasury, and the University of Notre Dame. The plaintiffs sued in the U.S. District Court for the Northern District of Indiana, alleging that the settlement agreement and interim final rules violated the Administrative Procedure Act (APA), was void for illegality, and violated the First Amendment’s Establishment Clause, and their Fifth Amendment due process and equal protection clauses. The plaintiffs sought declaratory and injunctive relief to prohibit Notre Dame from implementing the settlement agreement; they also sought nominal damages of $1. 

The case was assigned to Judge Philip P. Simon and Magistrate Judge Michael G. Gotsch, Sr. 

In their complaint, the plaintiffs first asserted that the settlement agreement was not in accordance with the Supreme Court's rulings in Zubik v. Burwell, 136 S. Ct. 1557 (2016) and Univ. of Notre Dame v. Burwell, 136 S. Ct. 2007 (2016), because those orders required the government defendants to resolve legal challenges to the ACA contraceptive coverage requirement in a manner that accommodated the institutions religious exercise while at the same time ensuring that people covered by the institutions health plans received full and equal health coverage, including contraceptive coverage. 

In response to the Trump Administration issuing their final rules on November 15, 2018, the plaintiffs filed an amended complaint on December 5, 2018. This amended complaint reflected that the plaintiffs were now challenging the final rules instead of the interim rules.

On January 16, 2020, Judge Simon issued an opinion granting in part and denying in part two February 12, 2019, motions to dismiss, one filed by Notre Dame and the other by the federal defendants. Both motions moved to dismiss all claims for failure to state a claim upon which relief could be granted; the federal defendants also had moved to dismiss the case for lack of subject-matter jurisdiction. Judge Simon rejected the defendants’ argument that the court lacked jurisdiction because the plaintiffs had access to alternative remedies in their constitutional claims. Judge Simon elaborated that the defendants’ position was not supported by case law, and he permitted the plaintiffs’ APA claims to proceed. Judge Simon also disagreed the defendants’ assertion that the non-student plaintiffs had an adequate alternative remedy under ERISA because the settlement agreement prevented any other mechanism for redress. 

Second, Judge Simon addressed the defendants’ claim that the court lacked jurisdiction because the settlement agreement was an exercise of enforcement discretion that was committed to agency discretion by law and therefore not reviewable by the court. He agreed with the plaintiffs’ contention that the settlement agreement was a conscious and express adoption of a general policy to authorize Notre Dame to circumvent the contraceptive coverage requirement. The defendants had argued that the agreement was merely a single-shot decision that is commonly within agencies’ discretion. However, Judge Simon rejected this reasoning because the agreement involved 74 other entities, and affected the more than 17,000 people covered by Notre Dame’s health plan. 

Third, Judge Simon addressed the defendants’ last jurisdictional claim that the plaintiffs lacked standing to challenge the final rules because Notre Dame’s refusal to provide contraceptive coverage was based only on the settlement agreement, and the plaintiffs could not establish standing by speculating that Notre Dame might one day rely on the final rules to take an action that might harm the plaintiffs. The plaintiffs had standing because Notre Dame seemed to be relying on both the final rules and the settlement agreement to support its contraceptive decisions, which were harming the plaintiffs. 

Next, Judge Simon turned to the defendants’ motions to dismiss the suit for failure to state a claim. He permitted the plaintiffs’ claims to proceed: that the settlement agreement was void for illegality, the final rules violated the procedural and substantive requirements of the APA, and the rules and agreement violated the plaintiffs’ First Amendment establishment clause rights. Separately, he dismissed their Fifth Amendment due process and equal protection claims. Judge Simon also refused to accept Notre Dame’s contention that the settlement agreement claims were not ripe; the plaintiffs were experiencing harm at the time and their claims were addressing an active controversy. 

Judge Simon further additionally ruled that the plaintiffs had pleaded substantial facts that the final rules violated the APA because the agencies had not solicited and considered public comments prior to promulgating the interim final rules. Regarding the substantive requirements of the APA, the court explained that the government failed to provide an adequate explanation for its abrupt departure from first requiring objecting entities to request an accommodation, to giving Notre Dame a complete pass from providing contraceptive care—the plaintiffs stated a plausible claim that the final rules were arbitrary and capricious. 

Regarding the constitutional claims, Judge Simon held that the plaintiffs had sufficiently alleged that the final rules and settlement agreement both violated the First Amendment by impermissibly endorsing religious beliefs and practices which the plaintiffs and other affected people do not follow and thereby imposing on them costs, burdens, and harms arising from the granting of religious exemptions from the ACA. Contrasting the fundamental right to obtain contraception with the right to subsidized contraceptive coverage, Judge Simon ruled that the plaintiffs Fifth Amendment due process allegation failed to state a claim because the plaintiffs had not pleaded violation of a fundamental right or liberty. Furthermore, he dismissed the plaintiffs’ Fifth Amendment equal protection claim because they had not cited any authority suggesting that declining to subsidize contraception constituted a sex-based equal protection violation. 434 F.Supp.3d 683. 

Litigation concerning this issue proceeded throughout the country and in other courts. In Little Sisters of the Poor Saints Peter & Paul Home v. Pennsylvania, 140 U.S. 2367 (2020), the Supreme Court upheld the Trump Administration’s exemptions to the ACA’s contraceptive mandate, holding the departments did have authority under the ACA to promulgate the religious and moral exemptions, and finding the rules were free from any procedural defects. In doing so, the Supreme Court signaled that harm to third parties would no longer serve as a check on those religious accommodations. 

In response to these developments in other cases, the plaintiffs filed a second amended complaint on August 20, 2020. This second amended complaint was narrower than the previous one and only asserted four causes of action. They claimed the federal defendants’ settlement agreement violated the APA, the final rules violated the substantive requirements of the APA, and the settlement agreement and final rules violated the First Amendment’s Establishment Clause. Their fourth claim, leveled against all the defendants, was that the settlement agreement was void for illegality. 

Discovery continued until Judge Simon ruled to grant the defendants’ September 21, 2020, motions to dismiss on August 12, 2021. Judge Simon dismissed the claims relating to the settlement agreement, ruling that the challenges to the settlement agreement were no longer ripe. He reasoned that, in light of the Supreme Court upholding the final rules, the settlement agreement itself wasn’t causing injury to the plaintiffs because Notre Dame was exempt from the contraceptive coverage mandate under the final rules. However, Judge Simon dismissed these claims without prejudice because the final rules could still be struck down at some point in the future, and if they were, the settlement agreement would impede the plaintiffs from getting the contraceptive services they would then be otherwise entitled to.

Turning to the plaintiffs Establishment Clause claims, Judge Simon reversed course from his previous decision. Relying on new case law, the court held that the plaintiffs failed to show that the rules violated the First Amendment. He pointed to Massachusetts v. United States Department of Health and Human Services, 513 F.Supp.3d 215, which found the government did not intend to advance a particular religion or to promote religion in general and concluded the departments tried to maintain neutrality and reduce interference with religious in promulgating the final rules. Judge Simon agreed, holding that the rules did not have the primary purpose of promoting, advancing, and endorsing religion, and dismissed the First Amendment claim with prejudice. 

Finally, Judge Simon did not consider the defendants motion to dismiss the plaintiffs’ claim that the rules were arbitrary and capricious because the federal defendants removed this issue from consideration at this dismissal stage when they filed a motion for summary judgment on October 9, 2020. This claim remains pending. 2021 WL 3568257. 

The presidential administration change in early 2021 changed the posture of the case. On August 25, 2021, Judge Simon granted the parties’ joint motion to stay proceedings, because on August 16, the federal defendants announced that they intended to initiate a rulemaking regarding the contraceptive coverage requirement within six months. On February 15, 2022, the defendants issued a status report stating that they would be unable to meet their anticipated target to issue a notice of proposed rulemaking by mid-February 2022. The plaintiffs and defendants agreed to keep the case in its current posture. This case is ongoing. 

Summary Authors

Devon Schmidt (3/29/2022)

Documents in the Clearinghouse

Document
1

3:18-cv-00491

Complaint

June 26, 2018

June 26, 2018

Complaint
80

3:18-cv-00491

Opinion and Order

434 F.Supp.3d 683

Jan. 16, 2020

Jan. 16, 2020

Order/Opinion
102

3:18-cv-00491

Second Amended Complaint

Aug. 20, 2020

Aug. 20, 2020

Complaint
137

3:18-cv-00491

Opinion and Order

2021 WL 3568257

Aug. 12, 2021

Aug. 12, 2021

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/7278076/irish-4-reproductive-health-v-united-states-department-of-health-and-human/

Last updated July 20, 2022, 3:18 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against All Defendants ( Filing fee $ 400 receipt number 0755-3605360.), filed by Jane Doe 3, Natasha Reifenberg, Irish 4 Reproductive Health, Jane Doe 1, Jane Doe 2. (Attachments: # 1 Exhibit Exhibit A: October 13, 2017 Settlement Agreement, # 2 Civil Cover Sheet, # 3 Proposed Summons, # 4 Proposed Summons, # 5 Proposed Summons, # 6 Proposed Summons, # 7 Proposed Summons, # 8 Proposed Summons, # 9 Proposed Summons, # 10 Proposed Summons, # 11 Proposed Summons)(Macey, Jeffrey) (Entered: 06/26/2018)

June 26, 2018

June 26, 2018

Clearinghouse
2

NOTICE of Appearance by Jeffrey A Macey on behalf of All Plaintiffs (Macey, Jeffrey) (Entered: 06/26/2018)

June 26, 2018

June 26, 2018

PACER
3

Application for Attorney Kelly M. Percival to Appear Pro Hac Vice on behalf of Irish 4 Reproductive Health, Jane Doe 1. Pro Hac Vice fee of $ 96 has been received, receipt number 0755-3605694(Percival PHV, Kelly) (Entered: 06/26/2018)

June 26, 2018

June 26, 2018

PACER
4

Application for Attorney Alison Tanner to Appear Pro Hac Vice on behalf of Plaintiffs Irish 4 Reproductive Health and Jane Doe 1. Pro Hac Vice fee of $ 96 has been received, receipt number 0755-3605739 (Attachments: # 1 Exhibit 1 - Certificate of Good Standing)(Pro Hac Vice Temporary login, ) (Entered: 06/26/2018)

June 26, 2018

June 26, 2018

PACER
5

Application for Attorney Richard B. Katskee to Appear Pro Hac Vice on behalf of Irish 4 Reproductive Health, Jane Doe 1. Pro Hac Vice fee of $ 96 has been received, receipt number 0755-3606389(Katskee PHV, Richard) (Entered: 06/26/2018)

June 26, 2018

June 26, 2018

PACER

Judge Philip P Simon and Magistrate Judge Michael G Gotsch, Sr added. (New Case) (sct)

June 27, 2018

June 27, 2018

PACER
6

Summons Issued as to R. Alexander Acosta, Alex M Azar II, Steven Mnuchin, United States Department of Health and Human Services, United States Department of Labor, United States Department of the Treasury, University of Notre Dame, U.S. Attorney and U.S. Attorney General. NOTE: The attached document is accessible by court personnel only. (sct) (Entered: 06/27/2018)

June 27, 2018

June 27, 2018

PACER
7

AFFIDAVIT of Service for Complaint served on U.S. Department of Health and Human Services, U.S. Department of Labor, U.S. Department of the Treasury, Alex M. Azar, R. Alexander Acosta, Steven Mnuchin, University of Notre Dame, Jefferson Beauregard Sessions III, Thomas Kirsch II, on June 28, 2018 and June 29, 2018, filed by Irish 4 Reproductive Health, Jane Does 1-3, Natasha Reifenberg. (Macey, Jeffrey) (Entered: 07/11/2018)

July 11, 2018

July 11, 2018

PACER
8

ORDER granting 3 Application to Appear Pro Hac Vice of Attorney Kelly M Percival PHV for Irish 4 Reproductive Health and Jane Does 1-3. Signed by Magistrate Judge Michael G Gotsch, Sr on 7/11/2018. (mtr) (Entered: 07/11/2018)

July 11, 2018

July 11, 2018

PACER
9

ORDER granting 5 Application to Appear Pro Hac Vice of Attorney Richard B Katskee PHV for Irish 4 Reproductive Health and Jane Does 1-3. Signed by Magistrate Judge Michael G Gotsch, Sr on 7/11/2018. (mtr) (Entered: 07/11/2018)

July 11, 2018

July 11, 2018

PACER
10

ORDER granting 4 Application to Appear Pro Hac Vice of Attorney Alison Tanner PHV for Irish 4 Reproductive Health and Jane Does 1-3. Signed by Magistrate Judge Michael G Gotsch, Sr on 7/11/2018. (mtr) (Entered: 07/11/2018)

July 11, 2018

July 11, 2018

PACER
11

Application for Attorney Michelle I. Banker to Appear Pro Hac Vice on behalf of Irish 4 Reproductive Health, Jane Doe 1. Pro Hac Vice fee of $ 96 has been received, receipt number 0755-3620558(Pro Hac Vice Temporary login, ) (Entered: 07/12/2018)

July 12, 2018

July 12, 2018

PACER
12

ORDER granting 11 Application to Appear Pro Hac Vice of Attorney Michelle I Banker PHV for Irish 4 Reproductive Health and Jane Does 1-3. Signed by Magistrate Judge Michael G Gotsch, Sr on 7/13/2018. (mtr) (Entered: 07/13/2018)

July 13, 2018

July 13, 2018

PACER
13

NOTICE of Appearance by Matthew A Kairis on behalf of University of Notre Dame (Kairis, Matthew) (Entered: 07/13/2018)

July 13, 2018

July 13, 2018

PACER
14

MOTION for Extension of Time to File Answer to Complaint by Defendant University of Notre Dame. (Attachments: # 1 Exhibit Proposed Order)(Kairis, Matthew) (Entered: 07/17/2018)

1 Exhibit Proposed Order

View on PACER

July 17, 2018

July 17, 2018

PACER
15

ORDER granting 14 Motion for Extension of Time to Answer University of Notre Dame answer due 8/27/2018. Approved by Magistrate Judge Michael G Gotsch, Sr on 7/17/18. (slm) (Entered: 07/17/2018)

July 17, 2018

July 17, 2018

PACER
16

Application for Attorney Emily B. Nestler to Appear Pro Hac Vice on behalf of Natasha Reifenberg; Jane Doe 2; Jane Doe 3. Pro Hac Vice fee of $ 96 has been received, receipt number 0755-3625622(Pro Hac Vice Temporary login, ) (Entered: 07/18/2018)

July 18, 2018

July 18, 2018

PACER
17

ORDER granting 16 Application to Appear Pro Hac Vice of Attorney Emily B Nestler PHV for Jane Does 1-3 and for Natasha Reifenberg. Signed by Magistrate Judge Michael G Gotsch, Sr on 7/19/2018. (mtr) (Entered: 07/19/2018)

July 19, 2018

July 19, 2018

PACER
18

Application for Attorney Jessica Sklarsky to Appear Pro Hac Vice on behalf of Natasha Reifenberg; Jane Doe 2; Jane Doe 3. Pro Hac Vice fee of $ 96 has been received, receipt number 0755-3626830(Pro Hac Vice Temporary login, ) (Main Document 18 replaced on 7/20/2018) (mtr). Modified (to add Order page to motion) on 7/20/2018 (mtr). (Entered: 07/19/2018)

July 19, 2018

July 19, 2018

PACER
19

ORDER granting 18 Application to Appear Pro Hac Vice of Attorney Jessica Leah Sklarsky PHV for Jane Does 2-3, Natasha Reifenberg. Signed by Magistrate Judge Michael G Gotsch, Sr on 7/20/18. (ksc) (Entered: 07/20/2018)

July 20, 2018

July 20, 2018

PACER
20

Application for Attorney Sunu P. Chandy to Appear Pro Hac Vice on behalf of Irish 4 Reproductive Health, Jane Doe 1. Pro Hac Vice fee of $ 96 has been received, receipt number 0755-3642345(Pro Hac Vice Temporary login, ) (Entered: 08/06/2018)

Aug. 6, 2018

Aug. 6, 2018

PACER
21

First MOTION to Withdraw as Attorney Kelly M. Percival by Plaintiffs Irish 4 Reproductive Health, Jane Does 1-3. (Percival PHV, Kelly) (Entered: 08/07/2018)

Aug. 7, 2018

Aug. 7, 2018

PACER
22

ORDER granting 21 Motion to Withdraw as Attorney. Attorney Kelly M Percival PHV terminated. Approved by Magistrate Judge Michael G Gotsch, Sr on 8/8/18. (slm) (Entered: 08/08/2018)

Aug. 8, 2018

Aug. 8, 2018

PACER
23

ORDER granting 20 Application to Appear Pro Hac Vice of Attorney Sunu P Chandy PHV for Irish 4 Reproductive Health and Jane Does 1-3. Signed by Magistrate Judge Michael G Gotsch, Sr on 8/13/2018. (mtr) (Entered: 08/13/2018)

Aug. 13, 2018

Aug. 13, 2018

PACER
24

MOTION Proceed by Pseudonym (Unopposed) by Plaintiff Jane Does 1-3. (Attachments: # 1 Exhibit Exhibit 1: Declaration of Jane Doe 1, # 2 Exhibit Exhibit 2: Declaration of Jane Doe 2, # 3 Exhibit Exhibit 3: Declaration of Jane Doe 3, # 4 Text of Proposed Order)(Macey, Jeffrey) (Entered: 08/15/2018)

Aug. 15, 2018

Aug. 15, 2018

PACER
25

BRIEF in Support of 24 MOTION Proceed by Pseudonym (Unopposed) filed by Jane Does 1-3. (Macey, Jeffrey) (Entered: 08/15/2018)

Aug. 15, 2018

Aug. 15, 2018

PACER
26

ORDER GRANTING 24 Plaintiff's Unopposed Motion for Leave to Proceed Using Pseudonyms. The parties are directed to proposed to the Court a protection order that effectuates the requirements and intent of this Order. Signed by Magistrate Judge Michael G Gotsch, Sr on 8/17/18. (ksp) (Entered: 08/20/2018)

Aug. 17, 2018

Aug. 17, 2018

PACER
27

NOTICE of Appearance by Rebecca M Kopplin on behalf of R. Alexander Acosta, Alex M Azar II, Steven Mnuchin, United States Department of Health and Human Services, United States Department of Labor, United States Department of the Treasury (Kopplin, Rebecca). (Entered: 08/21/2018)

Aug. 21, 2018

Aug. 21, 2018

PACER
28

Joint MOTION for Extension of Time to File Answer and for Briefing Schedule by Defendants R. Alexander Acosta, Alex M Azar II, Steven Mnuchin, United States Department of Health and Human Services, United States Department of Labor, United States Department of the Treasury. (Attachments: # 1 Exhibit Proposed Order)(Kopplin, Rebecca). (Entered: 08/21/2018)

1 Exhibit Proposed Order

View on PACER

Aug. 21, 2018

Aug. 21, 2018

RECAP
29

ORDER granting 28 Motion for Extension of Time and Briefing Schedule: The Federal Defendants: R. Alexander Acosta, Alex M Azar II, Steven Mnuchin, United States Department of Health and Human Services, United States Department of Labor, and United States Department of the Treasury answer due 10/11/2018. Defendant University of Notre Dame answer due 10/11/2018. Plaintiffs shall have to/including 12/11/2018 to file any opposition; Federal Defendants and the University of Notre Dame shall have to/including 12/21/2018 to file any replies. Signed by Magistrate Judge Michael G Gotsch, Sr on 8/24/18. (jld) (Entered: 08/28/2018)

Aug. 24, 2018

Aug. 24, 2018

PACER
30

ORDER OF RECUSAL. Judge Magistrate Judge Michael G Gotsch, Sr recuses himself from all further proceedings in this case. The Clerk is ORDERED to randomly reassign this case to a Magistrate Judge within the District for the purpose of conducting all non-dispositive pretrial proceedings, pursuant to 28 U.S.C. ยง 636(b)(1)(A), Fed. R. Civ. P. 72(a), and the General Orders of this Court. Case reassigned to Magistrate Judge John E Martin for all further proceedings. Signed by Magistrate Judge Michael G Gotsch, Sr on 8/28/2018. (lhc) (Entered: 08/28/2018)

Aug. 28, 2018

Aug. 28, 2018

PACER
31

MAGISTRATE JUDGE CONSENT FORMS sent to all parties (Standard Track).. (smb) (Entered: 08/29/2018)

Aug. 29, 2018

Aug. 29, 2018

PACER
32

ORDER: Each party and each attorney in this case shall take reasonable steps to preserve electronically stored information (ESI) that is relevant to any claim or defense in this case, whether or not the information is admissible at trial. This requirement relates back to the point in time when the party or attorney reasonably anticipated litigation about these matters. Text entry order. By Magistrate Judge John E Martin on 10/4/2018. (smb) (Entered: 10/04/2018)

Oct. 4, 2018

Oct. 4, 2018

PACER
33

NOTICE of Change of Address/Contact Information (Kopplin, Rebecca). (Entered: 10/09/2018)

Oct. 9, 2018

Oct. 9, 2018

PACER
34

Consent MOTION for Leave to File Excess Pages by Defendants R. Alexander Acosta, Alex M Azar II, Steven Mnuchin, United States Department of Health and Human Services, United States Department of Labor, United States Department of the Treasury. (Attachments: # 1 Exhibit Proposed Order)(Kopplin, Rebecca). (Entered: 10/11/2018)

Oct. 11, 2018

Oct. 11, 2018

PACER
35

MOTION to Dismiss by Defendant University of Notre Dame. (Attachments: # 1 Memorandum of Law in Support)(Kairis, Matthew) (Entered: 10/11/2018)

1 Memorandum of Law in Support

View on PACER

Oct. 11, 2018

Oct. 11, 2018

PACER
36

MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM, MOTION to Dismiss for Lack of Jurisdiction by Defendants R. Alexander Acosta, Alex M Azar II, Steven Mnuchin, United States Department of Health and Human Services, United States Department of Labor, United States Department of the Treasury. (Kopplin, Rebecca). (Entered: 10/11/2018)

Oct. 11, 2018

Oct. 11, 2018

RECAP
37

Application for Attorney Gretchen Borchelt to Appear Pro Hac Vice on behalf of Irish 4 Reproductive Health, Jane Doe 1. Pro Hac Vice fee of $ 96 has been received, receipt number 0755-3706151(Pro Hac Vice Temporary login, ) (Entered: 10/15/2018)

Oct. 15, 2018

Oct. 15, 2018

PACER
38

ORDER granting 37 Application to Appear Pro Hac Vice of Attorney Gretchen R Borchelt PHV for Irish 4 Reproductive Health and Jane Does 1-3. Signed by Magistrate Judge John E Martin on 10/17/18. (mtr) (Entered: 10/17/2018)

Oct. 17, 2018

Oct. 17, 2018

PACER
39

ORDER GRANTING 34 Motion for Leave to File Excess Pages. The Court will accept the Federal Defendants' Motion to Dismiss as docketed. Signed by Magistrate Judge John E Martin on 10/17/18. (ksp) (Entered: 10/17/2018)

Oct. 17, 2018

Oct. 17, 2018

PACER
40

NOTICE by R. Alexander Acosta, Alex M Azar II, Steven Mnuchin, United States Department of Health and Human Services, United States Department of Labor, United States Department of the Treasury concerning final rules (Kopplin, Rebecca). (Entered: 11/09/2018)

Nov. 9, 2018

Nov. 9, 2018

RECAP
41

MOTION to Amend/Correct Complaint (Unopposed) by Plaintiffs Irish 4 Reproductive Health, Jane Does 1-3, Natasha Reifenberg. (Attachments: # 1 Exhibit Amended Complaint)(Macey, Jeffrey) (Entered: 12/04/2018)

Dec. 4, 2018

Dec. 4, 2018

PACER
42

ORDER The Court hereby GRANTS Plaintiffs Unopposed Motion for Leave to Amend Complaint DE 41 and ORDERS Plaintiffs to file the Amended Complaint, currently on the docket as an attachment to the instant Motion, on or before 12/19/2018. Signed by Magistrate Judge John E Martin on 12/05/2018. (sct) (Entered: 12/05/2018)

Dec. 5, 2018

Dec. 5, 2018

PACER
43

AMENDED COMPLAINT against All Defendants, filed by Natasha Reifenberg, Irish 4 Reproductive Health, Jane Does 1-3.(Macey, Jeffrey) (Entered: 12/05/2018)

Dec. 5, 2018

Dec. 5, 2018

PACER
44

Joint MOTION for Extension of Time to File Answer and Other Responses (With Proposed Order) by Plaintiffs Irish 4 Reproductive Health, Jane Does 1-3, Natasha Reifenberg. (Macey, Jeffrey) (Entered: 12/05/2018)

Dec. 5, 2018

Dec. 5, 2018

PACER
45

ORDER DENYING AS MOOT 35 MOTION to Dismiss by Defendant University of Notre Dame and 36 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM, MOTION to Dismiss for Lack of Jurisdiction by Defendants R. Alexander Acosta, Alex M Azar II, Steven Mnuchin, United States Department of Health and Human Services, United States Department of Labor, United States Department of the Treasury, because the amended complaint supersedes the complaint. Signed by Judge Philip P Simon on 12/6/2018. (lhc) (Entered: 12/06/2018)

Dec. 6, 2018

Dec. 6, 2018

PACER
46

ORDER granting 44 Joint Motion for Extension of Time and Briefing Schedule. Defendants to answer or otherwise respond to the Amended Complaint by 1/11/2019. Plaintiffs to file any consolidated opposition to Defendants' responses to the Amended Complaint by 2/19/2019. Defendants to file any replies in support of their responses by 3/5/2019. Approved by Magistrate Judge John E Martin on 12/14/2018. No pdf attached.(sa) (Entered: 12/14/2018)

Dec. 14, 2018

Dec. 14, 2018

PACER

Order on Motion for Extension of Time to Answer

Dec. 14, 2018

Dec. 14, 2018

PACER
47

MOTION to Stay Briefing Schedule by Defendants R. Alexander Acosta, Alex M Azar II, Steven Mnuchin, United States Department of Health and Human Services, United States Department of Labor, United States Department of the Treasury. (Kopplin, Rebecca). (Entered: 12/26/2018)

Dec. 26, 2018

Dec. 26, 2018

PACER
48

RESPONSE to Motion re 47 MOTION to Stay Briefing Schedule filed by Irish 4 Reproductive Health, Jane Does 1-3, Natasha Reifenberg. (Macey, Jeffrey) (Entered: 01/02/2019)

Jan. 2, 2019

Jan. 2, 2019

PACER
49

Application for Attorney Robert David Gallo to Appear Pro Hac Vice on behalf of All Plaintiffs. Pro Hac Vice fee of $ 96 has been received, receipt number 0755-3777443(Pro Hac Vice Temporary login, ) (Entered: 01/08/2019)

Jan. 8, 2019

Jan. 8, 2019

PACER
50

ORDER: The Court GRANTS, for relief different than requested, the Motion for Stay of Briefing Schedule in Light of Lapse of Appropriations 47 and ORDERS that the deadline to respond to Plaintiffs' Amended Complaint is extended to 2/12/2019, Plaintiffs' consolidated opposition is due by 3/19/2019, and Defendants will file any replies by 4/9/2019, with those deadlines to be extended further if funding has not been restored by that time. Signed by Magistrate Judge John E Martin on 1/8/2019. (lhc) (Entered: 01/09/2019)

Jan. 8, 2019

Jan. 8, 2019

PACER
51

Application for Attorney Anne S. Aufhauser to Appear Pro Hac Vice on behalf of All Plaintiffs. Pro Hac Vice fee of $ 96 has been received, receipt number 0755-3782426(Pro Hac Vice Temporary login, ) (Entered: 01/14/2019)

Jan. 14, 2019

Jan. 14, 2019

PACER
52

ORDER granting 51 Application to Appear Pro Hac Vice of Attorney Anne S Aufhauser PHV for Irish 4 Reproductive Health, Jane Does 1-3, and Natasha Reifenberg. Signed by Magistrate Judge John E Martin on 1/16/2019. (mtr) (Entered: 01/16/2019)

Jan. 16, 2019

Jan. 16, 2019

PACER
53

ORDER granting 49 Application to Appear Pro Hac Vice of Attorney Robert D Gallo PHV for Irish 4 Reproductive Health, Jane Does 1-3, and Natasha Reifenberg. Signed by Magistrate Judge John E Martin on 1/17/2019. (mtr) (Entered: 01/17/2019)

Jan. 17, 2019

Jan. 17, 2019

PACER
54

Application for Attorney Janice M. Mac Avoy to Appear Pro Hac Vice on behalf of All Plaintiffs. Pro Hac Vice fee of $ 96 has been received, receipt number 0755-3790636(Pro Hac Vice Temporary login, ) (Entered: 01/23/2019)

Jan. 23, 2019

Jan. 23, 2019

PACER
55

ORDER granting 54 Application to Appear Pro Hac Vice of Attorney Janice M Mac Avoy PHV for Irish 4 Reproductive Health, Jane Does 1-3, and Natasha Reifenberg. Signed by Magistrate Judge John E Martin on 1/24/2019. (mtr) (Entered: 01/24/2019)

Jan. 24, 2019

Jan. 24, 2019

PACER
56

NOTICE by R. Alexander Acosta, Alex M Azar II, Steven Mnuchin, United States Department of Health and Human Services, United States Department of Labor, United States Department of the Treasury (Kopplin, Rebecca) (Entered: 01/28/2019)

Jan. 28, 2019

Jan. 28, 2019

PACER
57

MOTION for Leave to File Excess Pages by Plaintiffs and by Defendants R. Alexander Acosta, Alex M Azar II, Steven Mnuchin, United States Department of Health and Human Services, United States Department of Labor, United States Department of the Treasury. (Attachments: # 1 Exhibit Proposed Order)(Kopplin, Rebecca) (Entered: 02/11/2019)

Feb. 11, 2019

Feb. 11, 2019

PACER
58

MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM, MOTION to Dismiss for Lack of Jurisdiction by Defendants R. Alexander Acosta, Alex M Azar II, Steven Mnuchin, United States Department of Health and Human Services, United States Department of Labor, United States Department of the Treasury. (Attachments: # 1 Exhibit Memorandum in Support)(Kopplin, Rebecca) (Entered: 02/12/2019)

1 Exhibit Memorandum in Support

View on RECAP

Feb. 12, 2019

Feb. 12, 2019

PACER
59

MOTION to Dismiss Amended Complaint by Defendant University of Notre Dame. (Attachments: # 1 Memorandum of Law in Support of Motion to Dismiss)(Kairis, Matthew) (Entered: 02/12/2019)

1 Memorandum of Law in Support of Motion to Dismiss

View on RECAP

Feb. 12, 2019

Feb. 12, 2019

PACER
60

ORDER granting 57 Motion for Leave to File Excess Pages. The parties may have up to 50 pages for the motion to dismiss and response thereto. Approved by Magistrate Judge John E Martin on 2/13/2019. No pdf attached. (cp) (Entered: 02/13/2019)

Feb. 13, 2019

Feb. 13, 2019

PACER
61

RESPONSE to Motion re 58 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM MOTION to Dismiss for Lack of Jurisdiction, 59 MOTION to Dismiss Amended Complaint filed by Irish 4 Reproductive Health, Jane Does 1-3, Natasha Reifenberg. (Mac Avoy PHV, Janice) (Entered: 03/19/2019)

March 19, 2019

March 19, 2019

PACER
62

MOTION for Hearing re 58 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM MOTION to Dismiss for Lack of Jurisdiction, 59 MOTION to Dismiss Amended Complaint by Plaintiffs Irish 4 Reproductive Health, Jane Does 1-3, Natasha Reifenberg. (Mac Avoy PHV, Janice) (Entered: 03/19/2019)

March 19, 2019

March 19, 2019

PACER
63

MOTION for Extension of Time to File Response/Reply, MOTION for Leave to File Excess Pages by Defendants R. Alexander Acosta, Alex M Azar II, Steven Mnuchin, United States Department of Health and Human Services, United States Department of Labor, United States Department of the Treasury. (Attachments: # 1 Exhibit Proposed Order)(Kopplin, Rebecca) (Entered: 03/26/2019)

March 26, 2019

March 26, 2019

PACER
64

ORDER GRANTING 63 Motion for Extension of Time to File Reply and Motion for Leave to File Excess Pages. The Court ORDERS Defendants to file their replies supporting their motions to dismiss by 4/23/2019 with no reply to exceed 25 pages. Signed by Magistrate Judge John E Martin on 3/28/19. (ksp) (Entered: 03/28/2019)

March 28, 2019

March 28, 2019

PACER
65

RESPONSE to Motion re 62 MOTION for Hearing re 58 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM MOTION to Dismiss for Lack of Jurisdiction, 59 MOTION to Dismiss Amended Complaint filed by R. Alexander Acosta, Alex M Azar II, Steven Mnuchin, United States Department of Health and Human Services, United States Department of Labor, United States Department of the Treasury. (Kopplin, Rebecca) (Entered: 04/01/2019)

April 1, 2019

April 1, 2019

PACER
66

RESPONSE to Motion re 62 MOTION for Hearing re 58 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM MOTION to Dismiss for Lack of Jurisdiction, 59 MOTION to Dismiss Amended Complaint filed by University of Notre Dame. (Kairis, Matthew) (Entered: 04/02/2019)

April 2, 2019

April 2, 2019

PACER
67

ORDER GRANTING 62 Motion for Hearing. Motion Hearing set for 6/10/2019 at 10:00 AM (Hammond/Central Time) in US District Court - Hammond before Judge Philip P Simon. Signed by Judge Philip P Simon on 4/2/19. (ksp) (Entered: 04/03/2019)

April 2, 2019

April 2, 2019

PACER
68

REPLY to Response to Motion re 59 MOTION to Dismiss Amended Complaint filed by University of Notre Dame. (Kairis, Matthew) (Entered: 04/23/2019)

April 23, 2019

April 23, 2019

PACER
69

REPLY to Response to Motion re 58 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM MOTION to Dismiss for Lack of Jurisdiction filed by R. Alexander Acosta, Alex M Azar II, Steven Mnuchin, United States Department of Health and Human Services, United States Department of Labor, United States Department of the Treasury. (Kopplin, Rebecca) (Entered: 04/23/2019)

April 23, 2019

April 23, 2019

PACER
70

Application for Attorney Anthony John Dick to Appear Pro Hac Vice on behalf of University of Notre Dame. Pro Hac Vice fee of $ 96 has been received, receipt number 0755-3899669 (Attachments: # 1 Exhibit List of Bar Admissions, # 2 Exhibit SCOTUS Certificate of Good Standing, # 3 Exhibit NY Certificate of Good Standing, # 4 Exhibit DC Certificate of Good Standing)(Pro Hac Vice Temporary login, ) (Entered: 05/21/2019)

May 21, 2019

May 21, 2019

PACER
71

ORDER granting 70 Application to Appear Pro Hac Vice of Attorney Anthony J Dick PHV for University of Notre Dame. Signed by Magistrate Judge John E Martin on 05/22/2019. (ace) (Entered: 05/22/2019)

May 22, 2019

May 22, 2019

PACER
72

Application for Attorney Carmen N. Green to Appear Pro Hac Vice on behalf of Irish 4 Reproductive Health & Jane Doe 1. Pro Hac Vice fee of $ 96 has been received, receipt number 0755-3917010(Pro Hac Vice Temporary login, ) (Entered: 06/08/2019)

June 8, 2019

June 8, 2019

PACER
73

MOTION HEARING held on 6/10/2019 re 62 MOTION TO DISMISS before Philip P Simon. Attorneys present: Alison Tanner, Michelle I. Banker Carmen Green and Jeffrey S. Macey for plfs. Rebecca M. Kopplin for USA dfts. Atty Anthony J. Dick and Attorney Matthew A. Kairis for University of Notre Dame. Court hears argument from each of the parties. Court takes the matter under advisement. (Court Reporter Stacy Drohosky.) (nac) (Entered: 06/10/2019)

June 10, 2019

June 10, 2019

PACER

Motion Hearing

June 10, 2019

June 10, 2019

PACER
74

ORDER granting 72 Application to Appear Pro Hac Vice of Attorney Carmen N Green PHV for Irish 4 Reproductive Health and Jane Does 1-3. Signed by Magistrate Judge Joshua P Kolar on 06/10/2019. (ace) (Entered: 06/11/2019)

June 10, 2019

June 10, 2019

PACER
75

NOTICE by Irish 4 Reproductive Health, Jane Does 1-3, Natasha Reifenberg of Supplemental Authority (Attachments: # 1 Exhibit A - July 12, 2019 Third Circuit Opinion in Pennsylvania v. President of the United States, et al.)(Mac Avoy PHV, Janice) (Entered: 07/18/2019)

July 18, 2019

July 18, 2019

PACER
76

First MOTION to Withdraw as Attorney Alison Tanner by Plaintiffs Irish 4 Reproductive Health, Jane Does 1-3. (Tanner PHV, Alison) (Entered: 08/01/2019)

Aug. 1, 2019

Aug. 1, 2019

PACER
77

ORDER GRANTING 76 Motion to Withdraw as Attorney. The appearance of attorney Alison Tanner PHV on behalf of Plaintiffs Irish 4 Reproductive Health and Jane Doe 1 is WITHDRAWN. Signed by Magistrate Judge John E Martin on 8/5/19. (ksp) (Entered: 08/05/2019)

Aug. 5, 2019

Aug. 5, 2019

PACER
78

TRANSCRIPT of Oral Argument on Motion to Dismiss held on 06/10/2019, before Judge Philip P. Simon. Court Reporter Stacy L. Drohosky, Telephone number (219) 852-3462. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. IMPORTANT: Notice is hereby given that an official transcript of a proceeding has been filed by the court reporter in the above matter. The parties have 7 calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. Within 21 days of the filing of the transcript, a Redaction Request - Transcript shall be e-filed with the Court. Access to this request will be restricted to the Court and attorneys of record in the case. If no such Notice and Redaction Request are filed, the transcript may be made remotely, electronically available to the public without redaction. Any party needing a copy of the transcript to review for redaction purposes may purchase a copy from the Court Reporter. Counsel are strongly urged to share this notice with all clients so that an informed decision about the inclusion of certain materials may be made. The responsibility for redacting these personal identifiers rests solely with counsel and the parties. The Clerk and Court Reporter will not review each transcript for compliance with this rule. Notice of Intent to Redact due 8/30/2019. Redaction Request due 9/11/2019. Redacted Transcript Deadline set for 9/23/2019. Release of Transcript Restriction set for 11/19/2019. (sld) (Entered: 08/21/2019)

Aug. 21, 2019

Aug. 21, 2019

RECAP
79

NOTICE by Irish 4 Reproductive Health, Jane Does 1-3, Natasha Reifenberg of Supplemental Authority (Attachments: # 1 Exhibit A - October 22, 2019 Ninth Circuit Opinion in California v. HHS)(Mac Avoy PHV, Janice) (Entered: 10/23/2019)

Oct. 23, 2019

Oct. 23, 2019

PACER
80

OPINION AND ORDER: The Federal Defendants' motion to dismiss the amended complaint 58 and the University of Notre Dame's motion to dismiss the amended complaint 59 are both GRANTED IN PART AND DENIED IN PART. Both motions are DENIED as to Counts I-V, which remain pending. Both motions are GRANTED as to Count VI (for violation of the Fifth Amendment Due Process Clause) and Count VII (for violation of the Fifth Amendment Equal Protection Clause), which are DISMISSED WITH PREJUDICE. Signed by Judge Philip P Simon on 1/16/20. (ksp) (Entered: 01/16/2020)

Jan. 16, 2020

Jan. 16, 2020

Clearinghouse
81

ORDER & NOTICE OF HEARING: Rule 16 Preliminary Pretrial Conference set for 3/4/2020 11:00 AM Central in US District Court - Hammond before Magistrate Judge John E Martin. Proposed joint discovery plan in accordance with FRCP 26(f) due by 2/26/2020. Signed by Magistrate Judge John E Martin on 1/17/2020. (smb) (Entered: 01/17/2020)

Jan. 17, 2020

Jan. 17, 2020

PACER
82

MOTION for Extension of Time to File Answer, MOTION for Extension of Time for Pretrial Conference and Discovery Plan by Defendants R. Alexander Acosta, Alex M Azar II, Steven Mnuchin, United States Department of Health and Human Services, United States Department of Labor, United States Department of the Treasury. (Attachments: # 1 Exhibit Proposed Order)(Kopplin, Rebecca) (Entered: 01/28/2020)

Jan. 28, 2020

Jan. 28, 2020

PACER
83

ORDER granting 82 Defendants' Unopposed Motion for Extension of Time. Defendants to answer or otherwise respond to the complaint by 3/2/2020. Pretrial conference to be reset by separate order. Approved by Magistrate Judge John E Martin on 1/29/2020. No pdf attached. (sa) (Entered: 01/29/2020)

Jan. 29, 2020

Jan. 29, 2020

PACER

Order on Motion for Miscellaneous Relief

Jan. 29, 2020

Jan. 29, 2020

PACER

Order on Motion for Extension of Time to Answer

Jan. 29, 2020

Jan. 29, 2020

PACER

~Util - Set Hearings

Jan. 29, 2020

Jan. 29, 2020

PACER

Order

Jan. 29, 2020

Jan. 29, 2020

PACER
84

ORDER/RESET HEARING: Rule 16 Preliminary Pretrial Conference on 3/4/2020 is ORDERED RESET to 4/2/2020 10:30 AM Central in US District Court - Hammond before Magistrate Judge John E Martin on motion of parties. Proposed joint discovery plan in accordance with FRCP 26(f) now due 3/27/2020. Text entry order. By Magistrate Judge John E Martin on 1/29/2020. (smb) (Entered: 01/29/2020)

Jan. 29, 2020

Jan. 29, 2020

PACER
85

MOTION to Stay All Proceedings by Defendants R. Alexander Acosta, Alex M Azar II, Steven Mnuchin, United States Department of Health and Human Services, United States Department of Labor, United States Department of the Treasury. (Attachments: # 1 Exhibit Proposed Order)(Kopplin, Rebecca) (Entered: 02/05/2020)

1 Exhibit Proposed Order

View on PACER

Feb. 5, 2020

Feb. 5, 2020

RECAP
86

First MOTION to Withdraw as Attorney by Plaintiffs Irish 4 Reproductive Health, Jane Does 1-3. (Green PHV, Carmen) (Entered: 02/08/2020)

Feb. 8, 2020

Feb. 8, 2020

PACER
87

ORDER granting 86 Motion to Withdraw as Attorney. Attorney Carmen N Green PHV terminated. Signed by Magistrate Judge John E Martin on 02/10/2020. (jat) (Entered: 02/10/2020)

Feb. 10, 2020

Feb. 10, 2020

PACER
88

RESPONSE to Motion re 85 MOTION to Stay All Proceedings filed by Irish 4 Reproductive Health, Jane Does 1-3, Natasha Reifenberg. (Macey, Jeffrey) (Entered: 02/19/2020)

Feb. 19, 2020

Feb. 19, 2020

RECAP
89

MOTION for Extension of Time to File Answer, MOTION for Extension of Time to File Discovery Plan, hold Pretrial Conference by Defendants R. Alexander Acosta, Alex M Azar II, Steven Mnuchin, United States Department of Health and Human Services, United States Department of Labor, United States Department of the Treasury. (Attachments: # 1 Exhibit Proposed Order)(Kopplin, Rebecca) (Entered: 02/24/2020)

Feb. 24, 2020

Feb. 24, 2020

PACER
90

REPLY to Response to Motion re 85 MOTION to Stay All Proceedings filed by R. Alexander Acosta, Alex M Azar II, Steven Mnuchin, United States Department of Health and Human Services, United States Department of Labor, United States Department of the Treasury. (Kopplin, Rebecca) (Entered: 02/26/2020)

Feb. 26, 2020

Feb. 26, 2020

RECAP

Order on Motion for Extension of Time to Answer

Feb. 26, 2020

Feb. 26, 2020

PACER
91

ORDER granting 89 Defendants' Unopposed Motion for Extension of Time. Defendants to answer or otherwise respond to the complaint by 4/27/2020. Pretrial conference to be reset by separate order. Approved by Magistrate Judge John E Martin on 2/26/2020. No pdf attached. (sa) (Entered: 02/26/2020)

Feb. 26, 2020

Feb. 26, 2020

PACER
92

ORDER re 91 VACATING the Preliminary R16B Pretrial Conference on 4/2/2020 and the related deadline to file a proposed joint discovery plan. The pretrial conference will be reset where necessary following ruling on MOTION to Stay. Text entry order. By Magistrate Judge John E Martin on 3/4/2020. (smb) (Entered: 03/04/2020)

March 4, 2020

March 4, 2020

PACER

Case Details

State / Territory: Indiana

Case Type(s):

Reproductive Issues

Key Dates

Filing Date: June 26, 2018

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Student group and others at the University of Notre Dame insured by the University's health plan

Attorney Organizations:

National Women's Law Center

Center for Reproductive Rights

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

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

Secretary of of Health and Human Services, Federal

Secretary of Labor, Federal

Secretary of the Treasury, Federal

University of Notre Dame (South Bend, St. Joseph), Private Entity/Person

Case Details

Causes of Action:

42 U.S.C. § 1983

Ex Parte Young (Federal) or Bivens

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

Constitutional Clause(s):

Due Process: Substantive Due Process

Equal Protection

Establishment Clause

Availably Documents:

Trial Court Docket

Complaint (any)

Any published opinion

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

None yet

Source of Relief:

None yet

Issues

Reproductive rights:

Birth control restrictions

General:

Contraception