Case: Christian Employers Alliance v. United States Equal Employment Opportunity Commission

1:21-cv-00195 | U.S. District Court for the District of North Dakota

Filed Date: Oct. 18, 2021

Case Ongoing

Clearinghouse coding complete

Case Summary

This is a case brought by the Christian Employers Alliance, a membership ministry for Christian employers, which sought exemptions for its members from requirements to provide gender transition-related health care coverage.  On October 18, 2021, Christian Employers Alliance (the “Alliance”), filed this lawsuit in the U.S. District Court for the District of North Dakota. The Alliance sued the U.S. Equal Employment Opportunity Commission (“EEOC”) and the U.S.Department of Health and Human Service…

This is a case brought by the Christian Employers Alliance, a membership ministry for Christian employers, which sought exemptions for its members from requirements to provide gender transition-related health care coverage. 

On October 18, 2021, Christian Employers Alliance (the “Alliance”), filed this lawsuit in the U.S. District Court for the District of North Dakota. The Alliance sued the U.S. Equal Employment Opportunity Commission (“EEOC”) and the U.S.Department of Health and Human Services and its Office for Civil Rights (collectively, “HHS”), challenging implementation of Section 1557 of the Patient Protection and Affordable Care Act (“ACA”), as interpreted by the EEOC and the HHS in conjunction with related civil rights law to require the Alliance’s members to provide health insurance coverage for gender transition services or face financial and other penalties.  Represented by the Alliance Defending Freedom, the Alliance argued that enforcement of this requirement would violate its members rights to religious freedom and speech under the Religious Freedom Restoration Act (“RFRA”), the Free Exercise and Free Speech Clauses of the First Amendment, and the Administrative Procedure Act.  It sought declaratory and injunctive relief.  This case was assigned to Judge Daniel M. Traynor. 

On May 16, 2022, the Court granted Christian Employers Alliance’s request for a preliminary injunction.  The Court reasoned: that violation of the Alliance’s members’ First Amendment rights and rights under RFRA would cause irreparable harm; that the harm caused by violation of sincerely held religious beliefs or severe monetary penalties outweighed the “minimal” harm to the defendants; that the Alliance demonstrated a substantial likelihood of success on its First Amendment and RFRA claims; and that it is in the public interest to protect religious freedoms.  Therefore it: enjoined the EEOC from interpreting Title VII of the Civil Rights Act to require the Alliance’s members to provide insurance coverage for gender transition services; enjoined the EEOC from applying or enforcing those same regulations against third party administrators and insurers of the Alliance’s members; and enjoined HHS from interpreting or enforcing Section 1557 of the ACA and any regulations in a way that would require the Alliance’s members to provide, offer, perform, facilitate, of refer employees for gender transition services or would prevent, constrict, or compel speech on gender identity issues. 2022 WL 1573689.  

As of May 31, 2022, this case is ongoing. 

 

Summary Authors

Michelle Landry (5/31/2022)

Michelle Landry (5/31/2022)

Documents in the Clearinghouse

Document
1

1:21-cv-00195

Verified Complaint for Injunctive and Declaratory Relief

Oct. 18, 2021

Oct. 18, 2021

Complaint
6

1:21-cv-00195

Plaintiff's Motion for Preliminary Injunction

Oct. 21, 2021

Oct. 21, 2021

Pleading / Motion / Brief
18

1:21-cv-00195

Defendants’ Opposition to Plaintiff's Motion for a Preliminary Injunction

Nov. 22, 2021

Nov. 22, 2021

Pleading / Motion / Brief
31

1:21-cv-00195

Reply in Support of Plaintiff's Motion for Preliminary Injunction

Dec. 23, 2021

Dec. 23, 2021

Pleading / Motion / Brief
39

1:21-cv-00195

Order Granting Motion for Preliminary Injunction

May 16, 2022

May 16, 2022

Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/60657923/christian-employers-alliance-v-united-states-equal-employment-opportunity/

Last updated Jan. 19, 2023, 3:27 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against Xavier Becerra, Charlotte A. Burrows, Office for Civil Rights of the United States Department of Health and Human Services, Lisa J. Pino, United States Department of Health and Human Services, United States Equal Employment Opportunity Commission (Filing fee $402, receipt number 122000057) filed by Christian Employers Alliance. (Attachments: # 1 Exhibit 1 - Second Amended and Restate Bylaws of Christian Employers Alliance, # 2 Exhibit 2 - Articles of Incorporation of Christian Employers Alliance, # 3 Exhibit 3 - EEOC, Sex Based Discrimination, # 4 Exhibit 4 - EEOC, Protections Against Employment Discrimination Based on Sexual Orientation or Gender Identity, # 5 Exhibit 5 - EEOC, Prohibited Employment Policies and Practices, # 6 Exhibit 6 - Society for Human Resource Management, Wal-Mart Loses Perfect LGBTQ Rating Because of Transgender Harassment, # 7 Civil Cover Sheet)(jb) (Entered: 10/18/2021)

1 Exhibit 1 - Second Amended and Restate Bylaws of Christian Employers Alliance

View on PACER

2 Exhibit 2 - Articles of Incorporation of Christian Employers Alliance

View on PACER

3 Exhibit 3 - EEOC, Sex Based Discrimination

View on PACER

4 Exhibit 4 - EEOC, Protections Against Employment Discrimination Based on Sexual

View on PACER

5 Exhibit 5 - EEOC, Prohibited Employment Policies and Practices

View on PACER

6 Exhibit 6 - Society for Human Resource Management, Wal-Mart Loses Perfect LGBTQ

View on PACER

7 Civil Cover Sheet

View on PACER

Oct. 18, 2021

Oct. 18, 2021

Clearinghouse
2

Summons Issued as to Xavier Becerra, Charlotte A. Burrows, Office for Civil Rights of the United States Department of Health and Human Services, Lisa J. Pino, United States Department of Health and Human Services, United States Equal Employment Opportunity Commission, U.S. Attorney and U.S. Attorney General (jb) (Entered: 10/18/2021)

Oct. 18, 2021

Oct. 18, 2021

PACER
3

Corporate Disclosure Statement by Christian Employers Alliance. (Reed, Jacob) (Entered: 10/19/2021)

Oct. 19, 2021

Oct. 19, 2021

RECAP
4

MOTION for Leave to File Excess Pages by Christian Employers Alliance. (Attachments: # 1 Motion for Preliminary Injunction, # 2 Memorandum in Support of Motion for Preliminary Injunction, # 3 Exhibit 1: Declaration of Shannon O. Royce, # 4 Exhibit 2: Tricare Manual)(Reed, Jacob) (Entered: 10/19/2021)

1 Motion for Preliminary Injunction

View on RECAP

2 Memorandum in Support of Motion for Preliminary Injunction

View on RECAP

3 Exhibit 1: Declaration of Shannon O. Royce

View on RECAP

4 Exhibit 2: Tricare Manual

View on RECAP

Oct. 19, 2021

Oct. 19, 2021

RECAP
5

(Text Only) ORDER by Judge Daniel M. Traynor granting 4 Motion for Leave to File Excess Pages. (KC) (Entered: 10/20/2021)

Oct. 20, 2021

Oct. 20, 2021

PACER
6

MOTION for Preliminary Injunction by Christian Employers Alliance. (Attachments: # 1 Memorandum in Support of Motion for Preliminary Injunction, # 2 Exhibit 1: Declaration of Shannon O. Royce, # 3 Exhibit 2: Tricare Manual)(Reed, Jacob) (Entered: 10/21/2021)

1 Memorandum in Support of Motion for Preliminary Injunction

View on PACER

2 Exhibit 1: Declaration of Shannon O. Royce

View on PACER

3 Exhibit 2: Tricare Manual

View on PACER

Oct. 21, 2021

Oct. 21, 2021

PACER
7

NOTICE of Appearance by Christopher D. Dodge on behalf of All Defendants (Dodge, Christopher) (Entered: 11/01/2021)

Nov. 1, 2021

Nov. 1, 2021

PACER
8

MOTION for Extension of Time to File Response/Reply to Plaintiff's Motion for a Preliminary Injunction and to Set a Briefing Schedule by Xavier Becerra, Charlotte A. Burrows, Office for Civil Rights of the United States Department of Health and Human Services, Lisa J. Pino, United States Department of Health and Human Services, United States Equal Employment Opportunity Commission. (Attachments: # 1 Proposed Order)(Dodge, Christopher) (Entered: 11/01/2021)

Nov. 1, 2021

Nov. 1, 2021

PACER
9

(Text Only) ORDER by Judge Daniel M. Traynor granting 8 Motion for Extension of Time to File Response/Reply re 6 MOTION for Preliminary Injunction . Responses due by 11/22/2021. Replies due by 12/13/2021. (CK) (Entered: 11/02/2021)

Nov. 2, 2021

Nov. 2, 2021

PACER
10

MOTION for Leave to File Excess Pages by Xavier Becerra, Charlotte A. Burrows, Office for Civil Rights of the United States Department of Health and Human Services, Lisa J. Pino, United States Department of Health and Human Services, United States Equal Employment Opportunity Commission. (Dodge, Christopher) (Entered: 11/18/2021)

Nov. 18, 2021

Nov. 18, 2021

RECAP
11

(Text Only) ORDER by Judge Daniel M. Traynor granting 10 Motion for Leave to File Excess Pages. (KC) (Entered: 11/19/2021)

Nov. 19, 2021

Nov. 19, 2021

PACER
12

*RESTRICTED - WRONG EVENT SELECTED* SUMMONS Returned Executed by Christian Employers Alliance. United States Equal Employment Opportunity Commission served on 10/25/2021, answer due 11/15/2021 (Reed, Jacob) Modified on 11/23/2021 to restrict access. (js) (Entered: 11/22/2021)

Nov. 22, 2021

Nov. 22, 2021

PACER
13

*RESTRICTED - WRONG EVENT SELECTED* SUMMONS Returned Executed by Christian Employers Alliance. Lisa J. Pino served on 10/28/2021, answer due 11/18/2021 (Reed, Jacob) Modified on 11/23/2021 to restrict access. (js) (Entered: 11/22/2021)

Nov. 22, 2021

Nov. 22, 2021

PACER
14

*RESTRICTED - WRONG EVENT SELECTED* SUMMONS Returned Executed by Christian Employers Alliance. Office for Civil Rights of the United States Department of Health and Human Services served on 10/28/2021, answer due 11/18/2021 (Reed, Jacob) Modified on 11/23/2021 to restrict access. (js) (Entered: 11/22/2021)

Nov. 22, 2021

Nov. 22, 2021

PACER
15

*RESTRICTED - WRONG EVENT SELECTED* SUMMONS Returned Executed by Christian Employers Alliance. Xavier Becerra served on 10/27/2021, answer due 11/17/2021 (Reed, Jacob) Modified on 11/23/2021 to restrict access. (js) (Entered: 11/22/2021)

Nov. 22, 2021

Nov. 22, 2021

PACER
16

*RESTRICTED - WRONG EVENT SELECTED* SUMMONS Returned Executed by Christian Employers Alliance. United States Department of Health and Human Services served on 10/26/2021, answer due 11/16/2021 (Reed, Jacob) Modified on 11/23/2021 to restrict access. (js) (Entered: 11/22/2021)

Nov. 22, 2021

Nov. 22, 2021

PACER
17

*RESTRICTED - WRONG EVENT SELECTED* SUMMONS Returned Executed by Christian Employers Alliance. Charlotte A. Burrows served on 10/25/2021, answer due 11/15/2021 (Reed, Jacob) Modified on 11/23/2021 to restrict access. (js) (Entered: 11/22/2021)

Nov. 22, 2021

Nov. 22, 2021

PACER
18

RESPONSE to Motion re 6 MOTION for Preliminary Injunction filed by Xavier Becerra, Charlotte A. Burrows, Office for Civil Rights of the United States Department of Health and Human Services, Lisa J. Pino, United States Department of Health and Human Services, United States Equal Employment Opportunity Commission. (Dodge, Christopher) (Entered: 11/22/2021)

Nov. 22, 2021

Nov. 22, 2021

RECAP
19

SUMMONS Returned Executed as to United States Equal Employment Opportunity Commission served on 10/28/2021, answer due 12/27/2021. (js) Modified on 11/23/2021 to correct service dates - NEF Regenerated. (js) (Entered: 11/23/2021)

Nov. 22, 2021

Nov. 22, 2021

PACER
20

SUMMONS Returned Executed as to Lisa J. Pino served on 10/28/2021, answer due 12/27/2021. (js) (Entered: 11/23/2021)

Nov. 22, 2021

Nov. 22, 2021

PACER
21

*RESTRICTED - DUPLICATE PLEADING FILED, SEE DOCUMENT 24 * SUMMONS Returned Executed as to Office for Civil Rights of the United States Department of Health and Human Services served on 10/28/2021, answer due 12/27/2021. (js) Modified on 11/24/2021 to restrict access. (js) (Entered: 11/23/2021)

Nov. 22, 2021

Nov. 22, 2021

PACER
24

SUMMONS Returned Executed as to Office for Civil Rights of the United States Department of Health and Human Services served on 10/25/2021, answer due 1/10/2022 (See Summons Returned Executed at 23 ; USA Served on 11/9/2021). (js) (Entered: 11/23/2021)

Nov. 22, 2021

Nov. 22, 2021

PACER
25

SUMMONS Returned Executed as to Xavier Becerra served on 10/25/2021, answer due 1/10/2022. (See Summons Returned Executed at 23 ; USA Served on 11/9/2021) (js) (Entered: 11/23/2021)

Nov. 22, 2021

Nov. 22, 2021

PACER
26

SUMMONS Returned Executed as to United States Department of Health and Human Services served on 10/25/2021, answer due 1/10/2022. (See Summons Returned Executed at 23 ; USA Served on 11/9/2021) (js) (Entered: 11/23/2021)

Nov. 22, 2021

Nov. 22, 2021

PACER
27

SUMMONS Returned Executed as to Charlotte A. Burrows served on 10/25/2021, answer due 1/10/2022. (See Summons Returned Executed at 23 ; USA Served on 11/9/2021) (js) (Entered: 11/23/2021)

Nov. 22, 2021

Nov. 22, 2021

PACER

Set/Reset Deadlines: United States Equal Employment Opportunity Commission answer due 12/27/2021. (js)

Nov. 22, 2021

Nov. 22, 2021

PACER
22

SUMMONS Returned Executed as to All Defendants. (Reed, Jacob) (Main Document 22 replaced on 11/23/2021 to remove double header) (js). (Entered: 11/23/2021)

Nov. 23, 2021

Nov. 23, 2021

PACER
23

SUMMONS Returned Executed as to All Defendants. (Reed, Jacob) (Main Document 23 replaced on 11/23/2021 to remove double header) (js). (Entered: 11/23/2021)

Nov. 23, 2021

Nov. 23, 2021

PACER

DOCKET CORRECTION re: 12 SUMMONS Returned Executed. Wrong event selected. Clerks office restricted access to document and re-filed as SUMMONS Returned Executed as to USA at 19 . Clerks Office also shrunk pdf to remove double header from document; 13 SUMMONS Returned Executed. Wrong event selected. Clerks office restricted access to document and re-filed as SUMMONS Returned Executed as to USA at 20 . Clerks Office also shrunk pdf to remove double header from document; 14 SUMMONS Returned Executed. Wrong event selected. Clerks office restricted access to document and re-filed as SUMMONS Returned Executed as to USA at 21 . Clerks Office also shrunk pdf to remove double header from document; 15 SUMMONS Returned Executed. Wrong event selected. Clerks office restricted access to document and re-filed as SUMMONS Returned Executed as to USA at 25 . Clerks Office also shrunk pdf to remove double header from document; 16 SUMMONS Returned Executed. Wrong event selected. Clerks office restricted access to document and re-filed as SUMMONS Returned Executed as to USA at 26 . Clerks Office also shrunk pdf to remove double header from document; 17 SUMMONS Returned Executed. Wrong event selected. Clerks office restricted access to document and re-filed as SUMMONS Returned Executed as to USA at 27 . Clerks Office also shrunk pdf to remove double header from document; 22 SUMMONS Returned Executed as to USA. Clerks Office shrunk pdf to remove double header from document; ; 23 SUMMONS Returned Executed as to USA. Clerks Office shrunk pdf to remove double header from document. (NOTE: Latest date served on USA agency was 11/9/2021 making all Government Answer due dates set for 1/10/2022 See Summons Returned Executed at docket entry 23 ). (js)

Nov. 23, 2021

Nov. 23, 2021

PACER
28

MOTION for Extension of Time to File Response/Reply as to 6 MOTION for Preliminary Injunction, 18 Response to Motion, to December 23, 2021, and to extend page limitations, consented to by Defendants by Christian Employers Alliance. (Reed, Jacob) (Entered: 11/29/2021)

Nov. 29, 2021

Nov. 29, 2021

PACER
29

(Text Only) ORDER by Judge Daniel M. Traynor granting 28 Motion for Extension of Time to File Response/Reply and to Extend Page Limitations re 6 MOTION for Preliminary Injunction. Replies due by 12/23/2021. (KC) (Entered: 11/30/2021)

Nov. 30, 2021

Nov. 30, 2021

PACER
30

NOTICE of Appearance by Matthew S. Bowman on behalf of Christian Employers Alliance (Bowman, Matthew) (Entered: 12/06/2021)

Dec. 6, 2021

Dec. 6, 2021

PACER
31

REPLY to Response to Motion re 6 MOTION for Preliminary Injunction filed by Christian Employers Alliance. (Attachments: # 1 Exhibit 1: Supplemental Declaration of Shannon O. Royce)(Reed, Jacob) (Entered: 12/23/2021)

1 Exhibit 1: Supplemental Declaration of Shannon O. Royce

View on PACER

Dec. 23, 2021

Dec. 23, 2021

PACER
32

MOTION for Hearing re 31 Reply to Response to Motion by Christian Employers Alliance. See document 31. (jb) (Entered: 12/27/2021)

Dec. 23, 2021

Dec. 23, 2021

PACER

DOCKET CORRECTION re: 31 Reply to Response to Motion. Multiple relief document filed as one relief. Clerk's office filed Motion for Hearing at 32 . (jb)

Dec. 27, 2021

Dec. 27, 2021

PACER
33

MOTION for Extension of Time to File Response/Reply as to 1 Complaint,,, by Xavier Becerra, Charlotte A. Burrows, Office for Civil Rights of the United States Department of Health and Human Services, Lisa J. Pino, United States Department of Health and Human Services, United States Equal Employment Opportunity Commission. (Attachments: # 1 Proposed Order)(Dodge, Christopher) (Entered: 01/06/2022)

Jan. 6, 2022

Jan. 6, 2022

PACER
34

ORDER by Magistrate Judge Clare R. Hochhalter granting 33 Motion for Extension of Time to File Response to Plaintiff's Complaint. (BG) (Main Document 34 replaced on 1/10/2022 to correct error in document) NEF Regenerated (mf) (Entered: 01/07/2022)

Jan. 7, 2022

Jan. 7, 2022

PACER
35

NOTICE of Substitution of Attorney by Christopher D. Dodge on behalf of All Defendants (Dodge, Christopher) (Entered: 03/17/2022)

March 17, 2022

March 17, 2022

PACER
36

NOTICE of Appearance by Jeremy S. B. Newman on behalf of All Defendants (Newman, Jeremy) (Entered: 03/30/2022)

March 30, 2022

March 30, 2022

PACER
37

(Text Only) ORDER by Judge Daniel M. Traynor granting 32 Motion for Hearing. Motion Hearing set for 5/2/2022 at 10:00 AM in Bismarck Courtroom 1 before Judge Daniel M. Traynor. (KC) (Entered: 03/30/2022)

March 30, 2022

March 30, 2022

PACER
38

Minute Entry for proceedings held before Judge Daniel M. Traynor: Motion Hearing held on 5/2/2022 re 6 MOTION for Preliminary Injunction filed by Christian Employers Alliance. (Court Reporter RC) (Attachments: # 1 Plaintiff's Exhibit 1 - HHS Notice and Guidance on Gender Affirming Care, Civil Rights, and Patient Privacy) (rm) (Entered: 05/02/2022)

May 2, 2022

May 2, 2022

PACER
39

ORDER by Judge Daniel M. Traynor granting 6 Motion for Preliminary Injunction (KC) (Entered: 05/16/2022)

May 16, 2022

May 16, 2022

Clearinghouse
40

NOTICE OF FILING OF TRANSCRIPT of Motion Hearing held May 2, 2022 (rc) (Entered: 05/17/2022)

May 17, 2022

May 17, 2022

PACER
41

TRANSCRIPT of Motion Hearing held on May 2, 2022, before Judge Daniel M. Traynor. Court Reporter/Transcriber Ronda Colby, Telephone number 701-530-2309. 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.. Notice of Intent to Request Redaction due 5/24/2022. Redaction Request due 6/7/2022. Redacted Transcript Deadline set for 6/17/2022. Release of Transcript Restriction set for 8/15/2022. (rc) (Entered: 05/17/2022)

May 17, 2022

May 17, 2022

PACER
42

STATUS REPORT Joint Proposal Regarding Scheduling by Xavier Becerra, Charlotte A. Burrows, Office for Civil Rights of the United States Department of Health and Human Services, Lisa J. Pino, United States Department of Health and Human Services, United States Equal Employment Opportunity Commission. (Newman, Jeremy) (Entered: 05/31/2022)

May 31, 2022

May 31, 2022

PACER
43

MOTION to Amend/Correct 39 Order on Motion for Preliminary Injunction by Xavier Becerra, Charlotte A. Burrows, Office for Civil Rights of the United States Department of Health and Human Services, Lisa J. Pino, United States Department of Health and Human Services, United States Equal Employment Opportunity Commission. (Newman, Jeremy) Modified on 6/7/2022 to term Motion to Alter Judgment (cjs). (Entered: 06/06/2022)

June 6, 2022

June 6, 2022

PACER

DOCKET CORRECTION re: 43 Motion to Amend/Correct, Motion to Alter Judgment. Clerk's Office terminated Motion to Alter Judgment (incorrect motion relief selected). (cjs)

June 7, 2022

June 7, 2022

PACER
44

ORDER by Judge Daniel M. Traynor granting 43 Motion to Amend/Correct (KC) (Entered: 07/28/2022)

July 28, 2022

July 28, 2022

PACER
45

*RESTRICTED - WRONG EVENT SELECTED* NOTICE OF APPEAL as to 39 Order on Motion for Preliminary Injunction, 44 Order on Motion to Amend/Correct by Xavier Becerra, Charlotte A. Burrows, Office for Civil Rights of the United States Department of Health and Human Services, Lisa J. Pino, United States Department of Health and Human Services, United States Equal Employment Opportunity Commission. (Newman, Jeremy) Modified on 9/23/2022 to restrict access (mf) (Entered: 09/23/2022)

Sept. 23, 2022

Sept. 23, 2022

PACER
46

NOTICE OF INTERLOCUTORY APPEAL as to 39 Order on Motion for Preliminary Injunction, 44 Order on Motion to Amend/Correct by Xavier Becerra, Charlotte A. Burrows, Office for Civil Rights of the United States Department of Health and Human Services, Lisa J. Pino, United States Department of Health and Human Services, United States Equal Employment Opportunity Commission. Filing fee waived. (mf) (Entered: 09/23/2022)

Sept. 23, 2022

Sept. 23, 2022

RECAP
47

Transmittal of Notice of Appeal Supplement to 8th Circuit Court of Appeals re 46 Notice of Interlocutory Appeal, (mf) (Entered: 09/23/2022)

Sept. 23, 2022

Sept. 23, 2022

RECAP

DOCKET CORRECTION re: 45 Notice of Appeal. Wrong event selected. Clerk's Office restricted access to document and re-filed as Notice of Interlocutory Appeal at 46 . (mf)

Sept. 23, 2022

Sept. 23, 2022

PACER

USCA Case Number 22-3018 for 46 Notice of Interlocutory Appeal,. (jb)

Sept. 23, 2022

Sept. 23, 2022

PACER
48

MOTION for Scheduling Order by Christian Employers Alliance. (Attachments: # 1 Memorandum of Law, # 2 Exhibit 1 - Religious Sisters of Mercy v Azar, No. 21-1890, 2022 WL 17544669 (8th Cir. Dec. 98, 2022))(Reed, Jacob) Modified on 12/19/2022 to correct Exhibit reference and add description to exhibit (mf) (Entered: 12/16/2022)

Dec. 16, 2022

Dec. 16, 2022

PACER
49

MOTION to Convert the Order granting a Preliminary Injunction into a Partial Final Judgment by Christian Employers Alliance. See document 48 . (mf) (Entered: 12/19/2022)

Dec. 16, 2022

Dec. 16, 2022

PACER

DOCKET CORRECTION re: 48 Motion for Scheduling Order. Multiple relief document filed as one relief. Clerk's Office filed Motion to Convert at 49 . Clerk's Office corrected the Exhibit reference and added description to exhibit. (mf)

Dec. 19, 2022

Dec. 19, 2022

PACER
50

MOTION to Stay District Court Proceedings by Xavier Becerra, Charlotte A. Burrows, Office for Civil Rights of the United States Department of Health and Human Services, Lisa J. Pino, United States Department of Health and Human Services, United States Equal Employment Opportunity Commission. (Newman, Jeremy) (Entered: 12/30/2022)

Dec. 30, 2022

Dec. 30, 2022

RECAP
51

MEMORANDUM in Support re 50 MOTION to Stay District Court Proceedings and Memorandum in Opposition to Plaintiffs' Motion for Scheduling Order 48 and Motion to Convert Preliminary Injunction to Final Judgment 49 filed by Xavier Becerra, Charlotte A. Burrows, Office for Civil Rights of the United States Department of Health and Human Services, Lisa J. Pino, United States Department of Health and Human Services, United States Equal Employment Opportunity Commission. (Newman, Jeremy) (Entered: 12/30/2022)

Dec. 30, 2022

Dec. 30, 2022

RECAP
52

RESPONSE to Motion re 48 MOTION for Scheduling Order, 49 MOTION to convert the Preliminary Injunction into a Partial Final Judgment filed by Xavier Becerra, Charlotte A. Burrows, Office for Civil Rights of the United States Department of Health and Human Services, Lisa J. Pino, United States Department of Health and Human Services, United States Equal Employment Opportunity Commission. See Document 51 . (rh) (Entered: 01/03/2023)

Dec. 30, 2022

Dec. 30, 2022

PACER
53

RESPONSE to Motion re 50 MOTION to Stay District Court Proceedings, response in opposition, filed by Christian Employers Alliance. (Bowman, Matthew) (Entered: 01/03/2023)

Jan. 3, 2023

Jan. 3, 2023

RECAP
54

REPLY to Response to Motion re 48 MOTION for Scheduling Order filed by Christian Employers Alliance. (Bowman, Matthew) Document is duplicate of 53 RESPONSE. Modified to clarify per chambers on 1/4/2023 (sc). (Entered: 01/03/2023)

Jan. 3, 2023

Jan. 3, 2023

PACER
55

REPLY to Response to Motion re 49 MOTION to convert the Preliminary Injunction into a Partial Final Judgment filed by Christian Employers Alliance. (Bowman, Matthew) Document is duplicate of 53 RESPONSE. Modified to clarify per chambers on 1/4/2023 (sc). (Entered: 01/03/2023)

Jan. 3, 2023

Jan. 3, 2023

RECAP

Case Details

State / Territory: North Dakota

Case Type(s):

Speech and Religious Freedom

Key Dates

Filing Date: Oct. 18, 2021

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Christian Employers Alliance, a Christian membership ministry for Christian non-profit and for-profit employers

Plaintiff Type(s):

Non-profit religious organization

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

U.S. Equal Employment Opportunity Commission (- United States (national) -), Federal

Case Details

Causes of Action:

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

Ex Parte Young (Federal) or Bivens

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

Ex parte Young (federal or state officials)

Constitutional Clause(s):

Free Exercise Clause

Freedom of speech/association

Available Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Preliminary injunction / Temp. restraining order

Source of Relief:

Litigation

Order Duration: 2022 - None

Content of Injunction:

Preliminary relief granted

Issues

General:

LGBTQ+

Religious programs / policies

Discrimination-basis:

Religion discrimination