Case: North Dakota v. Burwell

3:16-CV-00386 | U.S. District Court for the District of North Dakota

Filed Date: Nov. 7, 2016

Case Ongoing

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Case Summary

On November 7, 2016, the State of North Dakota, joined by the Religious Sisters of Mercy, two Sacred Heart Mercy Health Care Center clinics, the SMP Health System, and the University of Mary, filed a lawsuit against the U.S. Department of Health and Human Services (HHS) challenging a federal regulation that they argued compelled healthcare professionals to cast aside their medical judgment and religious beliefs and perform medical transition procedures on patients who desire to have a sex change. Plaintiffs, who brought suit in the U.S. District Court for the District of North Dakota Eastern Division, specifically claimed that it was a violation of the Administrative Procedure Act and other federal laws for HHS to redefine the term “sex” in Section 1557 of the Affordable Care Act from meaning “a person’s biological sex at birth” to meaning “an individual’s internal sense of gender.”

This case was later consolidated with another case having similar aspects of law and fact on January 23, 2017, adding several more Catholic associations as plaintiffs, including the Catholic Benefits Association (CBA), as well as adding the U.S. Equal Employment Opportunity Commission (EEOC) as a defendant. Plaintiffs sought (1) a declarative judgment stating the regulation is invalid under the Administrative Procedure Act, the Religious Freedom Restoration Act, the Spending Clause, and the First, Fifth, Tenth, Eleventh, and Fourteenth Amendments, (2) a permanent injunction preventing the enforcement of the regulation, and (3) attorneys costs and fees. This case was assigned to Magistrate Judge Alice R. Senechal and District Judge Ralph R. Erickson, and then later reassigned to Chief Judge Daniel L. Hovland, and then Chief Judge Peter D. Welte.

Plaintiffs filed a motion for a preliminary injunction on November 17, 2016. On December 31, 2016, a federal district court in Texas issued a nationwide preliminary injunction against the same HHS regulations the Plaintiffs challenged here, preventing its enforcement. See Franciscan Alliance, Inc. v. Burwell.

On May 26, 2017, Defendants filed a voluntary motion to stay and a motion to remand so that HHS could take another look at the regulation in light of Section 1557 of the Affordable Care Act to consider the regulation’s reasonableness, necessity, and efficacy. As a response, Plaintiffs also filed a motion for an additional stay of enforcement by the EEOC. On August 24, 2017, Judge Hovland granted the defendants’ motion to stay and denied the motion to remand as moot, seeing as HHS had the inherent authority to reconsider the rule regardless of a remand. At this point, the nationwide preliminary injunction remained in effect and litigation was stayed to allow HHS to reconsider the controversial rules and regulations at issue.

After the Franciscan Alliance court granted summary judgment for the plaintiffs and ordered the regulation to be vacated “insofar as [it] defines ‘[o]n the basis of sex’ to include gender identity and termination of pregnancy” in October 2019, HHS issued a new Section 1557 rule on June 12, 2020. This rule defined “sex” by referencing Title IX, and did not include a “religious exemption, whether narrow or broad.” In response to these developments, Plaintiffs here filed an unopposed motion to lift the stay in order to amend their complaint and proceed with litigation, which was granted on November 9, 2020.
In their amended complaint filed on November 23, 2020, the plaintiffs contested the new HHS rule based on the idea that Title IX does not apply to covered entities “controlled by a religious organization if the application of this subsection would not be consistent with the religious tenets of such organization,” and the limited definition of “sex” at the time Title IX was enacted. Plaintiffs then filed a motion for declaratory judgment and a motion for partial summary judgment or, in the alternative, a preliminary injunction on November 23, 2020. The defendants also filed a motion to dismiss for lack of jurisdiction on December 23, 2020.

On January 19, 2021, Chief Judge Welte granted in part and denied in part the motion to dismiss for lack of jurisdiction. The court claimed jurisdiction over the Plaintiffs’ RFRA and Spending Clause claims challenging the interpretations of Section 1557 and Title VII that compel them to perform and provide insurance coverage for gender transitions, but called for the dismissal of the abortion-related claims, the APA claims, and the claims challenging Title IX and other unidentified federal laws. The Plaintiffs’ motions for partial summary judgment and injunctive relief were granted as to the RFRA claims that challenged the interpretations of Section 1557 and Title VII requiring the Plaintiffs to perform and provide insurance coverage for gender-transition procedures, but denied in all other respects. Chief Judge Welte also declared that HHS’s interpretation of Section 1557 and EEOC’s interpretation of Title VII violated Plaintiff's sincerely held religious beliefs without satisfying strict scrutiny under the RFRA. As such, Chief Judge Welte permanently enjoined HHS and EEOC from implementing any regulations and interpreting Section 1557 of the ACA and Title VII in a way that would require the Catholic Plaintiffs to perform or provide insurance coverage for gender-transition procedures, including by denying federal financial assistance because of their failure to perform or provide insurance coverage for such procedures, or by otherwise pursuing, charging, or assessing any penalties, fines, assessments, investigations, or other enforcement actions. 513 F.Supp.3d 1113.

The defendants then appealed the decision to the U.S. Court of Appeals for the Eighth Circuit on April 20, 2021. (21-1890). On December 9, 2022, the Eighth Circuit affirmed the district court's grant of permanent injunctive relief to the plaintiffs except to the extent it recognized the associational standing of the CBA. The Eighth Circuit held that CBA failed to identify association members who suffered the requisite harm, meaning that CBA lacked associational standing to sue on behalf of unnamed members. The case was remanded to the district court for further proceedings consistent with the appellate opinion. 55 F.4th 583.

This case is still ongoing.

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Summary Authors

Kathleen Lok (12/12/2022)

Documents in the Clearinghouse

	Document
1 3:16-CV-00386	Complaint North Dakota, State of v. Burwell	Nov. 7, 2016	Nov. 7, 2016 Complaint
1 3:16-cv-00432	Verified Complaint for Injunctive and Declaratory Relief Catholic Benefits Association v. Burwell	Dec. 28, 2016	Dec. 28, 2016 Complaint
56 3:16-CV-00386 3:16-cv-00432	Order Granting Defendants' Motion To Stay Religious Sisters of Mercy v. Price	Aug. 24, 2017	Aug. 24, 2017 Order/Opinion
97 3:16-CV-00386 3:16-cv-00432	CBA Plaintiffs' Verified Second Amended Complaint for Injunctive and Declaratory Relief Catholic Benefits Association v. Azar	Nov. 23, 2020	Nov. 23, 2020 Complaint
95 3:16-CV-00386 3:16-cv-00432	Amended Complaint The Religious Sisters of Mercy v. Azar	Nov. 23, 2020	Nov. 23, 2020 Complaint
124 3:16-CV-00386 3:16-cv-00432	Memorandum and Order Religious Sisters of Mercy v. Azar	Jan. 19, 2021	Jan. 19, 2021 Order/Opinion
21-01890	USCA Opinion State of North Dakota v. Becerra U. S. Court of Appeals for the Eighth Circuit	Dec. 9, 2022	Dec. 9, 2022 Order/Opinion

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/4517035/north-dakota-state-of-v-burwell/

Last updated May 16, 2023, 3:01 a.m.

ECF Number	Description	Date	Link Date / Link
1	COMPLAINT against Sylvia Burwell and United States Department of Health and Human Services (Filing fee $400, receipt number 317000062) filed by The Religious Sisters of Mercy, State of North Dakota, Sacred Heart Mercy Health Care, University of Mary, Sacred Heart Mercy Health Care Center, and SMP Health System. (Attachments: # 1 Civil Cover Sheet)(js) (Entered: 11/08/2016) 1 Civil Cover Sheet View on PACER	Nov. 7, 2016	Nov. 7, 2016 Clearinghouse
2	Summons Issued as to Sylvia Burwell, United States Department of Health and Human Services, U.S. Attorney and U.S. Attorney General. (js) (Entered: 11/08/2016)	Nov. 8, 2016	Nov. 8, 2016 PACER
3	MOTION for Leave to File Excess Pages by North Dakota, State of, Religious Sisters of Mercy, The, SMP Health System, Sacred Heart Mercy Health Care, Sacred Heart Mercy Health Care Center, University of Mary. (Goodrich, Luke) (Entered: 11/14/2016)	Nov. 14, 2016	Nov. 14, 2016 RECAP
4	(Text Only) ORDER by Magistrate Judge Alice R. Senechal granting 3 Motion for Leave to File Excess Pages. (AS) (Entered: 11/15/2016)	Nov. 15, 2016	Nov. 15, 2016 PACER
5	MOTION for Preliminary Injunction by North Dakota, State of, Religious Sisters of Mercy, The, SMP Health System, Sacred Heart Mercy Health Care, Sacred Heart Mercy Health Care Center, University of Mary. (Goodrich, Luke) (Entered: 11/17/2016)	Nov. 17, 2016	Nov. 17, 2016 RECAP
6	MEMORANDUM in Support re 5 MOTION for Preliminary Injunction filed by North Dakota, State of, Religious Sisters of Mercy, The, SMP Health System, Sacred Heart Mercy Health Care, Sacred Heart Mercy Health Care Center, University of Mary. (Attachments: # 1 Exhibit A Sister O'Brien Decl., # 2 Exhibit B Sister Stahl Decl., # 3 Exhibit C Msgr. Shea Decl., # 4 Exhibit D Sister Hart Decl., # 5 Exhibit E Dr. Twanow Decl., # 6 Exhibit F CMS Proposed Decision Memo, # 7 Exhibit G CMS Final Decision Memo, # 8 Exhibit H WPATH, # 9 Exhibit I TRICARE Memo, # 10 Exhibit J HHS Appeals Board Decision)(Goodrich, Luke) (Entered: 11/17/2016) 1 Exhibit A Sister O'Brien Decl. View on RECAP 2 Exhibit B Sister Stahl Decl. View on RECAP 3 Exhibit C Msgr. Shea Decl. View on RECAP 4 Exhibit D Sister Hart Decl. View on RECAP 5 Exhibit E Dr. Twanow Decl. View on RECAP 6 Exhibit F CMS Proposed Decision Memo View on PACER 7 Exhibit G CMS Final Decision Memo View on PACER 8 Exhibit H WPATH View on PACER 9 Exhibit I TRICARE Memo View on PACER 10 Exhibit J HHS Appeals Board Decision View on PACER	Nov. 17, 2016	Nov. 17, 2016 RECAP
7	NOTICE of Appearance by Adam Grogg on behalf of All Defendants (Grogg, Adam) (Entered: 11/21/2016)	Nov. 21, 2016	Nov. 21, 2016 PACER
8	MOTION for Extension of Time to File Response/Reply as to 5 MOTION for Preliminary Injunction, 6 MEMORANDUM in Support,, (Consent), MOTION for Leave to File Excess Pages (Consent) by Sylvia Burwell, United States Department of Health and Human Services. (Grogg, Adam) (Entered: 11/21/2016)	Nov. 21, 2016	Nov. 21, 2016 RECAP
9	(Text Only) ORDER by Magistrate Judge Alice R. Senechal granting unopposed 8 Motion for Extension of Time to File Response re 5 MOTION for Preliminary Injunction-Response due by 12/7/2016; granting unopposed 8 Motion for Leave to File Excess Pages. (AS) (Entered: 11/22/2016)	Nov. 22, 2016	Nov. 22, 2016 PACER
10	RESPONSE to Motion re 5 MOTION for Preliminary Injunction filed by Sylvia Burwell, United States Department of Health and Human Services. (Grogg, Adam) (Entered: 12/07/2016)	Dec. 7, 2016	Dec. 7, 2016 RECAP
11	MOTION for Leave to File Amicus Brief by American Civil Liberties Union. (Attachments: # 1 Exhibit Brief of Proposed Amici American Civil Liberties Union)(Bowie, Courtney) (Entered: 12/07/2016) 1 Exhibit Brief of Proposed Amici American Civil Liberties Union View on RECAP	Dec. 7, 2016	Dec. 7, 2016 PACER
12	NOTICE of Appearance by Emily B. Nestler on behalf of All Defendants (Nestler, Emily) (Entered: 12/07/2016)	Dec. 7, 2016	Dec. 7, 2016 PACER
13	MOTION for Leave to File Excess Pages (Unopposed) by North Dakota, State of, Religious Sisters of Mercy, The, SMP Health System, Sacred Heart Mercy Health Care, Sacred Heart Mercy Health Care Center, University of Mary. (Goodrich, Luke) (Entered: 12/08/2016)	Dec. 8, 2016	Dec. 8, 2016 PACER
14	(Text Only) ORDER by Magistrate Judge Alice R. Senechal granting 11 Motion for Leave to File an Amicus Brief of up to 40 pages. (LS) (Entered: 12/08/2016)	Dec. 8, 2016	Dec. 8, 2016 PACER
15	(Text Only) ORDER by Magistrate Judge Alice R. Senechal granting unopposed 13 Motion for Leave to File Excess Pages. (LS) (Entered: 12/08/2016)	Dec. 8, 2016	Dec. 8, 2016 PACER
16	NOTICE of Appearance by Bailey W. Heaps on behalf of All Defendants (Heaps, Bailey) (Entered: 12/13/2016)	Dec. 13, 2016	Dec. 13, 2016 PACER
17	NOTICE of Appearance by Matthew A. Sagsveen on behalf of North Dakota, State of (Sagsveen, Matthew) (Entered: 12/13/2016)	Dec. 13, 2016	Dec. 13, 2016 PACER
18	REPLY to Response to Motion re 5 MOTION for Preliminary Injunction filed by North Dakota, State of, Religious Sisters of Mercy, The, SMP Health System, Sacred Heart Mercy Health Care, Sacred Heart Mercy Health Care Center, University of Mary. (Attachments: # 1 Exhibit A Sister O'Brien Decl., # 2 Exhibit B Bakke Decl., # 3 Exhibit C Goodrich Decl.)(Goodrich, Luke) (Entered: 12/14/2016) 1 Exhibit A Sister O'Brien Decl. View on PACER 2 Exhibit B Bakke Decl. View on PACER 3 Exhibit C Goodrich Decl. View on PACER	Dec. 14, 2016	Dec. 14, 2016 RECAP
19	MOTION for Leave to Appear Pro Hac Vice Attorney Michael Steinberg (Filing fee $150, receipt number 317000121) by American Civil Liberties Union. (as) (Entered: 12/19/2016)	Dec. 16, 2016	Dec. 16, 2016 PACER
20	(Text Only) ORDER by Magistrate Judge Alice R. Senechal granting 19 Motion for Leave to Appear Pro Hac Vice for Attorney Michael Steinberg. (LS) Modified on 12/20/2016 to add attorney Michael J. Steinberg. NEF Regenerated. (js) (Entered: 12/20/2016)	Dec. 20, 2016	Dec. 20, 2016 PACER
21	SEALED MOTION Emergency Motion for Remittal of Disqualification, MOTION to Expedite Plaintiffs' Motion for Preliminary Injunction by North Dakota, State of, Religious Sisters of Mercy, The, SMP Health System, Sacred Heart Mercy Health Care, Sacred Heart Mercy Health Care Center, University of Mary. (Goodrich, Luke) Modified on 12/30/2016 to seal motion per chambers. (as) (Entered: 12/29/2016)	Dec. 29, 2016	Dec. 29, 2016 PACER
22	MOTION for Hearing by North Dakota, State of, Religious Sisters of Mercy, The, SMP Health System, Sacred Heart Mercy Health Care, Sacred Heart Mercy Health Care Center, University of Mary. See document at 21 . (js) (Entered: 12/30/2016)	Dec. 29, 2016	Dec. 29, 2016 PACER
23	SEALED ORDER Staying Enforcement by Judge Ralph R. Erickson.(SH) (Entered: 12/30/2016)	Dec. 30, 2016	Dec. 30, 2016 PACER
24	MOTION for Extension of Time to File Answer (Consent) by Sylvia Burwell, United States Department of Health and Human Services. (Grogg, Adam) (Entered: 01/04/2017)	Jan. 4, 2017	Jan. 4, 2017 RECAP
25	(Text Only) ORDER by Magistrate Judge Alice R. Senechal granting unopposed 24 Motion for Extension of Time to Answer. All Defendants' answers due thirty days after the court's order on plaintiffs' motion for a preliminary injunction. (AS) (Entered: 01/05/2017)	Jan. 5, 2017	Jan. 5, 2017 PACER
26	MOTION to Amend/Correct 23 SEALED ORDER (Expedited) by Sylvia Burwell, United States Department of Health and Human Services. (Grogg, Adam) (Entered: 01/06/2017)	Jan. 6, 2017	Jan. 6, 2017 RECAP
27	(Text Only) ORDER REASSIGNING CASE by Chief Judge Daniel L. Hovland. Case reassigned to Chief Judge Daniel L. Hovland for all further proceedings. Judge Ralph R. Erickson no longer assigned to the case. Case remains referred to Magistrate Judge Alice R. Senechal.(as) (Entered: 01/09/2017)	Jan. 9, 2017	Jan. 9, 2017 PACER
28	NOTICE of Appearance by Daniel I. Mach on behalf of American Civil Liberties Union (Mach, Daniel) (Entered: 01/10/2017)	Jan. 10, 2017	Jan. 10, 2017 PACER
29	NOTICE of Appearance by Joshua A. Block on behalf of American Civil Liberties Union (Block, Joshua) (Entered: 01/11/2017)	Jan. 11, 2017	Jan. 11, 2017 PACER
30	(Text Only) ORDER by Chief Judge Daniel L. Hovland finding as moot 21 Motion for Remittal of Disqualification; finding as moot 21 Motion to Expedite; finding as moot 22 Sealed Motion for Hearing. See Docket No. 27. (MM) (Entered: 01/12/2017)	Jan. 12, 2017	Jan. 12, 2017 PACER
31	NOTICE of Appearance by Brigitte Amiri on behalf of American Civil Liberties Union (Amiri, Brigitte) (Entered: 01/12/2017)	Jan. 12, 2017	Jan. 12, 2017 PACER
32	NOTICE of Appearance by Louise Melling on behalf of American Civil Liberties Union (Melling, Louise) (Entered: 01/12/2017)	Jan. 12, 2017	Jan. 12, 2017 PACER
33	NOTICE of Appearance by Brian Hauss on behalf of American Civil Liberties Union (Hauss, Brian) (Entered: 01/12/2017)	Jan. 12, 2017	Jan. 12, 2017 RECAP
34	RESPONSE to Motion re 26 MOTION to Amend/Correct 23 SEALED ORDER (Expedited) filed by North Dakota, State of, Religious Sisters of Mercy, The, SMP Health System, Sacred Heart Mercy Health Care, Sacred Heart Mercy Health Care Center, University of Mary. (Attachments: # 1 Exhibit A - Public Notice of Preliminary Injunction)(Goodrich, Luke) Modified on 1/23/2017 to add description to exhibit. (rh) (Entered: 01/20/2017) 1 Exhibit View on PACER	Jan. 20, 2017	Jan. 20, 2017 PACER
35	RESTRICTED - WRONG DOCUMENT ATTACHED ORDER by Chief Judge Daniel L. Hovland granting 26 Motion to Amend/Correct (MM) Modified on 1/23/2017 to restrict access(cjs). (Entered: 01/23/2017)	Jan. 23, 2017	Jan. 23, 2017 PACER
36	ORDER by Chief Judge Daniel L. Hovland granting 26 Motion to Amend/Correct (MM) (Entered: 01/23/2017)	Jan. 23, 2017	Jan. 23, 2017 RECAP
37	ORDER for Consolidation of Cases by Chief Judge Daniel L. Hovland.(MM) (Entered: 01/23/2017)	Jan. 23, 2017	Jan. 23, 2017 RECAP
	DOCKET CORRECTION re: 34 Response to Motion. Clerk's office added description to exhibit. (rh)	Jan. 23, 2017	Jan. 23, 2017 PACER
	DOCKET CORRECTION re: 35 Order. Wrong document attached. Clerk's office restricted access to document. (cjs)	Jan. 23, 2017	Jan. 23, 2017 PACER
38	NOTICE of Appearance by Mark L. Rienzi on behalf of Religious Sisters of Mercy, The, SMP Health System, Sacred Heart Mercy Health Care, Sacred Heart Mercy Health Care Center, University of Mary (Rienzi, Mark) (Entered: 02/13/2017)	Feb. 13, 2017	Feb. 13, 2017 PACER
39	NOTICE of Appearance by Stephanie H. Barclay on behalf of Religious Sisters of Mercy, The, SMP Health System, Sacred Heart Mercy Health Care, Sacred Heart Mercy Health Care Center, University of Mary (Barclay, Stephanie) (Entered: 02/13/2017)	Feb. 13, 2017	Feb. 13, 2017 PACER
40	MOTION for Extension of Time to File Answer or Other Response to the Operative Catholic Benefits Association Complaint (Unopposed) by Sylvia Burwell, United States Department of Health and Human Services, United States Equal Employment Opportunity Commission, Jenny R. Yang. (Grogg, Adam) (Entered: 03/01/2017)	March 1, 2017	March 1, 2017 RECAP
41	(Text Only) ORDER by Magistrate Judge Alice R. Senechal granting unopposed 40 Motion for Extension of Time to Answer or Otherwise Respond. Answers or Other Responses are due by 6/5/2017. (LS) (Entered: 03/02/2017)	March 2, 2017	March 2, 2017 PACER
42	MOTION to Amend/Correct Verified Complaint by Catholic Benefits Association. (Attachments: # 1 Amended Verified Complaint, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F)(Kniffin, Eric) (Entered: 03/28/2017)	March 28, 2017	March 28, 2017 PACER
43	(Text Only) ORDER by Magistrate Judge Alice R. Senechal granting unopposed 42 Motion to Amend Verified Complaint. The Clerk is directed to file the Amended Verified Complaint. (AS) (Entered: 03/29/2017)	March 29, 2017	March 29, 2017 PACER
44	AMENDED COMPLAINT against Victoria Lipnic, Thomas E. Price, United States Department of Health and Human Services, United States Equal Employment Opportunity Commission filed by Catholic Benefits Association, Catholic Charities North Dakota, Catholic Medical Association, Diocese of Fargo.(as) (Additional attachment(s) added on 4/5/2017: # 1 Exhibit A - Amended and Restated Certificate of incorporation, # 2 Exhibit B - Second Amended and Restated Bylaws, # 4 Exhibit C - Nonprofit Application for Membership, # 5 Exhibit D - For Profit Application for Membership, # 6 Exhibit E - Gender Dysphoria Rider, # 7 Exhibit F - Treatment of Gender Dysphoria) (as). (Entered: 03/30/2017) 1 Exhibit A - Amended and Restated Certificate of incorporation View on PACER 2 Exhibit B - Second Amended and Restated Bylaws View on PACER 4 Exhibit C - Nonprofit Application for Membership View on PACER 5 Exhibit D - For Profit Application for Membership View on PACER 6 Exhibit E - Gender Dysphoria Rider View on PACER 7 Exhibit F - Treatment of Gender Dysphoria View on PACER	March 29, 2017	March 29, 2017 Clearinghouse
45	MOTION to Remand, MOTION to Stay by Victoria Lipnic, Thomas E. Price, United States Department of Health and Human Services, United States Equal Employment Opportunity Commission. (Grogg, Adam) Modified on 5/30/2017 to remove terminated filers (cjs). Modified on 6/2/2017 to correct text. (rm) Modified on 8/24/2017 (cjs). (Entered: 05/26/2017)	May 26, 2017	May 26, 2017 RECAP
46	MOTION to Stay re 45 MOTION to Remand, MOTION to Stay CBA Plaintiffs' Motion for Additional Stay by Catholic Benefits Association, Catholic Charities North Dakota, Catholic Medical Association, Diocese of Fargo. (Kniffin, Eric) Modified on 8/24/2017 (cjs). (Entered: 05/30/2017)	May 30, 2017	May 30, 2017 PACER
	DOCKET CORRECTION re: 45 Motion to Remand/Stay. Modified entry to remove terminated filers. (cjs)	May 30, 2017	May 30, 2017 PACER
47	MOTION for Extension of Time to File Answer re 44 Amended Complaint (Consent) by Victoria Lipnic, Thomas E. Price, United States Department of Health and Human Services, and United States Equal Employment Opportunity Commission. (Grogg, Adam) Modified on 6/2/2017 to remove terminated filers (Sylvia Burwell and Jenny R. Yang). (js) (Entered: 06/01/2017)	June 1, 2017	June 1, 2017 PACER
48	RESPONSE to Motion re 47 MOTION for Extension of Time to File Answer re 44 Amended Complaint,, (Consent) filed by Catholic Benefits Association, Catholic Charities North Dakota, Catholic Medical Association, Diocese of Fargo. (Kniffin, Eric) (Entered: 06/02/2017)	June 2, 2017	June 2, 2017 PACER
	DOCKET CORRECTION re: 47 MOTION for Extension of Time to File Answer. Modified entry to remove terminated filers (Sylvia Burwell and Jenny R. Yang). (js)	June 2, 2017	June 2, 2017 PACER
49	ORDER by Magistrate Judge Alice R. Senechal granting 47 Motion for Extension of Time to File Answer. (LS) (Entered: 06/07/2017)	June 7, 2017	June 7, 2017 PACER
50	RESPONSE to Motion re 45 MOTION to Remand to United States Department of Health and Human Services MOTION to Stay filed by North Dakota, State of, Religious Sisters of Mercy, The, SMP Health System, Sacred Heart Mercy Health Care, Sacred Heart Mercy Health Care Center, University of Mary. (Goodrich, Luke) (Entered: 06/09/2017)	June 9, 2017	June 9, 2017 PACER
51	RESPONSE to Motion re 46 MOTION to Stay re 45 MOTION to Remand to United States Department of Health and Human Services MOTION to Stay CBA Plaintiffs' Motion for Additional Stay filed by Victoria Lipnic, United States Equal Employment Opportunity Commission. (Grogg, Adam) (Entered: 06/13/2017)	June 13, 2017	June 13, 2017 PACER
52	REPLY to Response to Motion re 46 MOTION to Stay re 45 MOTION to Remand to United States Department of Health and Human Services MOTION to Stay CBA Plaintiffs' Motion for Additional Stay filed by Catholic Benefits Association, Catholic Charities North Dakota, Catholic Medical Association, Diocese of Fargo. (Kniffin, Eric) (Entered: 06/20/2017)	June 20, 2017	June 20, 2017 PACER
53	NOTICE by Victoria Lipnic, Thomas E. Price, United States Department of Health and Human Services, United States Equal Employment Opportunity Commission re 45 MOTION to Remand to United States Department of Health and Human Services MOTION to Stay (Supplemental Authority) (Attachments: # 1 Exhibit Franciscan Alliance Order)(Grogg, Adam) (Entered: 07/12/2017)	July 12, 2017	July 12, 2017 PACER
54	MOTION to Withdraw as Attorney by Adam Grogg on behalf of Victoria Lipnic, Thomas E. Price, United States Department of Health and Human Services, United States Equal Employment Opportunity Commission (Grogg, Adam) Modified on 8/17/2017 to correct event type. NEF Regenerated. (as) (Entered: 08/16/2017)	Aug. 16, 2017	Aug. 16, 2017 PACER
55	(Text Only) ORDER by Magistrate Judge Alice R. Senechal granting 54 Motion to Withdraw as Attorney. Attorney Adam Grogg terminated. (LS) (Entered: 08/17/2017)	Aug. 17, 2017	Aug. 17, 2017 PACER
56	ORDER by Chief Judge Daniel L. Hovland granting 45 Motion to Stay and Denying Motion for Remand. (MM) (Main Document 56 replaced on 8/24/2017 to correct motion number) (cjs). Regenerated NEF on 8/24/2017 (cjs). Modified on 8/24/2017 to correct link (cjs). (Entered: 08/24/2017)	Aug. 24, 2017	Aug. 24, 2017 Clearinghouse
	DOCKET CORRECTION re: 56 Order. Clerk's office linked to correct document. (cjs)	Aug. 24, 2017	Aug. 24, 2017 PACER
57	STATUS REPORT by Sylvia Burwell, Victoria Lipnic, Thomas E. Price, United States Department of Health and Human Services, United States Equal Employment Opportunity Commission, Jenny R. Yang. (Nestler, Emily) (Entered: 11/22/2017)	Nov. 22, 2017	Nov. 22, 2017 RECAP
58	STATUS REPORT by Sylvia Burwell, Victoria Lipnic, Thomas E. Price, United States Department of Health and Human Services, United States Equal Employment Opportunity Commission, Jenny R. Yang. (Nestler, Emily) (Entered: 02/20/2018)	Feb. 20, 2018	Feb. 20, 2018 RECAP
59	BRIEF re 58 Status Report Plaintiffs' Response to Defendants' Status Report by Catholic Benefits Association. (Kniffin, Eric) (Entered: 02/23/2018)	Feb. 23, 2018	Feb. 23, 2018 RECAP
60	NOTICE of Appearance by Tara V. Iversen on behalf of Thomas E. Price, United States Department of Health and Human Services, United States Equal Employment Opportunity Commission, Victoria Lipnic (Iversen, Tara) Modified on 5/22/2018 to add filers.(cjs). (Entered: 05/21/2018)	May 21, 2018	May 21, 2018 PACER
61	STATUS REPORT by Thomas E. Price, United States Department of Health and Human Services, Victoria Lipnic, United States Equal Employment Opportunity Commission. (Iversen, Tara) Modified on 5/22/2018 to add filers (cjs). (Entered: 05/21/2018)	May 21, 2018	May 21, 2018 RECAP
	DOCKET CORRECTION re: 60 Notice of Appearance 61 Status Report. Modified entry to add filers (United States Equal Employment Opportunity Commission, Victoria Lipnic). (cjs)	May 22, 2018	May 22, 2018 PACER
62	STATUS REPORT by Victoria Lipnic, Thomas E. Price, United States Department of Health and Human Services, United States Equal Employment Opportunity Commission. (Iversen, Tara) (Entered: 07/20/2018)	July 20, 2018	July 20, 2018 RECAP
63	ORDER by Magistrate Judge Alice R. Senechal directing the Clerk to amend the caption. (AS) (Entered: 07/23/2018)	July 23, 2018	July 23, 2018 PACER
64	STATUS REPORT by Alex M. Azar, II, Thomas E. Price, United States Department of Health and Human Services, United States Equal Employment Opportunity Commission. (Martin, Rhett) (Entered: 10/18/2018)	Oct. 18, 2018	Oct. 18, 2018 RECAP
65	MOTION to Withdraw as Attorney by Catholic Benefits Association, Catholic Charities North Dakota, Catholic Medical Association, Diocese of Fargo. (Kniffin, Eric) (Entered: 12/17/2018)	Dec. 17, 2018	Dec. 17, 2018 PACER
66	(Text Only) ORDER by Magistrate Judge Alice R. Senechal granting 65 Motion to Withdraw as Attorney. Attorney Eric N. Kniffin terminated. (CS) (Entered: 12/18/2018)	Dec. 18, 2018	Dec. 18, 2018 PACER
67	MOTION to Stay Case by Alex M. Azar, II, Victoria Lipnic, United States Department of Health and Human Services, United States Equal Employment Opportunity Commission. (Martin, Rhett) (Entered: 01/15/2019)	Jan. 15, 2019	Jan. 15, 2019 PACER
68	(Text Only) ORDER by Magistrate Judge Alice R. Senechal finding as moot the 67 Motion to Stay the Case because it is already stayed pursuant to the court's August 24, 2017 56 Order Staying Case; granting the unopposed 67 Motion for extension of the deadline for the United States Equal Employment Opportunity Commission and the United States Department of Health and Human Services to submit a status report. The EEOC and the DHS shall have an additional thirty days, or until February 19, 2019, to file a status report. In the event that no resumption of appropriation occurs prior to the February 19, 2019 deadline, the court will reconsider that deadline. (AS) (Entered: 01/16/2019)	Jan. 16, 2019	Jan. 16, 2019 PACER
	Set/Reset Deadlines: Status Report due by 2/19/2019. (js)	Jan. 16, 2019	Jan. 16, 2019 PACER
69	NOTICE by Alex M. Azar, II, United States Department of Health and Human Services, United States Equal Employment Opportunity Commission of Restoration of Appropriations (Martin, Rhett) (Entered: 01/28/2019)	Jan. 28, 2019	Jan. 28, 2019 PACER
70	STATUS REPORT by Alex M. Azar, II, United States Department of Health and Human Services, United States Equal Employment Opportunity Commission. (Martin, Rhett) (Entered: 02/19/2019)	Feb. 19, 2019	Feb. 19, 2019 PACER
71	STATUS REPORT by Alex M. Azar, II, United States Department of Health and Human Services, United States Equal Employment Opportunity Commission. (Attachments: # 1 Proposed Regulation on Section 1557)(Martin, Rhett) Modified on 6/3/2019 to remove filer Thomas E. Price (am). (Entered: 05/31/2019)	May 31, 2019	May 31, 2019 PACER
	DOCKET CORRECTION re: 71 STATUS REPORT. Clerk's office added description to attachment and removed incorrect filer Thomas E. Price. (am)	June 3, 2019	June 3, 2019 PACER
72	(Text Only) ORDER REASSIGNING CASE by Chief Judge Daniel L. Hovland to Judge Peter D. Welte, as presiding judge, for all further proceedings. Chief Judge Daniel L. Hovland no longer assigned to the case. (kmk) (Entered: 08/09/2019)	Aug. 9, 2019	Aug. 9, 2019 PACER
73	NOTICE of Substitution of Attorney by Courtney A. Bowie on behalf of American Civil Liberties Union (Bowie, Courtney) (Entered: 09/10/2019)	Sept. 10, 2019	Sept. 10, 2019 PACER
74	MOTION to Appear Pro Hac Vice Attorney Daniel S. Korobkin (Filing fee $150, receipt number 119001426) by American Civil Liberties Union. (Korobkin, Daniel) Modified on 9/11/2019 to add receipt number (cjs). (Entered: 09/11/2019)	Sept. 11, 2019	Sept. 11, 2019 RECAP
75	(Text Only) ORDER by Magistrate Judge Alice R. Senechal granting 74 Motion to Appear Pro Hac Vice for Attorney Daniel S. Korobkin. (cjs) (Entered: 09/11/2019)	Sept. 11, 2019	Sept. 11, 2019 PACER
76	STATUS REPORT by Alex M. Azar, II, United States Department of Health and Human Services, United States Equal Employment Opportunity Commission. (Humphreys, Bradley) (Entered: 10/04/2019)	Oct. 4, 2019	Oct. 4, 2019 PACER
77	(Text Only) ORDER by Magistrate Judge Alice R. Senechal. Pursuant to the court's 56 Order, HHS and EEOC shall file status reports every ninety (90) days. The next status report is due by 01/02/2020. (CS) (Entered: 10/09/2019)	Oct. 9, 2019	Oct. 9, 2019 PACER
	Set/Reset Deadlines: Status Report due by 1/2/2020. (pb)	Oct. 9, 2019	Oct. 9, 2019 PACER
78	STATUS REPORT by Alex M. Azar, II, Sylvia Burwell, Victoria Lipnic, Thomas E. Price, United States Department of Health and Human Services, United States Equal Employment Opportunity Commission, Jenny R. Yang. (Attachments: # 1 Exhibit A - Franciscan Alliance, Inc. v. Azar, No. 16-cv-108-O, Order, ECF No. 182 (N.D. Tex. Nov. 21, 2019)(Humphreys, Bradley) Modified on 1/3/2020 to add exhibit description. (rh) (Entered: 01/02/2020)	Jan. 2, 2020	Jan. 2, 2020 PACER
	DOCKET CORRECTION re: 78 Status Report. Clerk's office added description to exhibit. (rh)	Jan. 3, 2020	Jan. 3, 2020 PACER
79	(Text Only) STATUS REPORT ORDER by Magistrate Judge Alice R. Senechal. Pursuant to the court's 56 Order, HHS and EEOC shall file status reports every ninety (90) days. The next Status Report is due by 4/3/2020. (AS) (Entered: 01/06/2020)	Jan. 6, 2020	Jan. 6, 2020 PACER
80	NOTICE of Change of Address by Ian S. Speir (Speir, Ian) (Entered: 03/05/2020)	March 5, 2020	March 5, 2020 PACER
81	STATUS REPORT by Alex M. Azar, II, Sylvia Burwell, Victoria Lipnic, Thomas E. Price, United States Department of Health and Human Services, United States Equal Employment Opportunity Commission, Jenny R. Yang. (Humphreys, Bradley) (Entered: 04/03/2020)	April 3, 2020	April 3, 2020 RECAP
82	(Text Only) STATUS REPORT ORDER by Magistrate Judge Alice R. Senechal. Pursuant to the court's 56 Order, HHS and EEOC shall file status reports every ninety (90) days. The next status report is due by 07/06/2020. (AS) (Entered: 04/06/2020)	April 6, 2020	April 6, 2020 PACER
83	STATUS REPORT by Alex M. Azar, II, Victoria Lipnic, United States Department of Health and Human Services, United States Equal Employment Opportunity Commission. (Humphreys, Bradley) Modified on 7/7/2020 to remove filers (am). (Entered: 07/06/2020)	July 6, 2020	July 6, 2020 RECAP
84	(Text Only) STATUS REPORT ORDER by Magistrate Judge Alice R. Senechal.Pursuant to the court's 56 Order, HHS and EEOC shall file status reports every 90 days. Counsel have requested and the court orders that the next status report be filed by 8/5/2020. (LF) (Entered: 07/07/2020)	July 7, 2020	July 7, 2020 PACER
	DOCKET CORRECTION re: 83 STATUS REPORT. Clerk's office removed terminated filers Sylvia Burwell, Thomas E. Price, and Jenny R. Yang. (am)	July 7, 2020	July 7, 2020 PACER
	Set/Reset Deadlines: Status Report due by 8/5/2020. (pb)	July 7, 2020	July 7, 2020 PACER
85	STATUS REPORT by Catholic Benefits Association, Catholic Charities North Dakota, Catholic Medical Association, Diocese of Fargo. (Speir, Ian) (Entered: 08/05/2020)	Aug. 5, 2020	Aug. 5, 2020 RECAP
86	STATUS REPORT by Alex M. Azar, II, Victoria Lipnic, United States Department of Health and Human Services, United States Equal Employment Opportunity Commission. (Humphreys, Bradley) Modified to remove terminated filers (Sylvia Burwell, Thomas E. Price, & Jenny R. Yang) on 8/6/2020 (pb). (Entered: 08/05/2020)	Aug. 5, 2020	Aug. 5, 2020 RECAP
87	(Text Only) STATUS REPORT ORDER by Magistrate Judge Alice R. Senechal. Pursuant to the parties' requests in their August 5, 2020 Status Reports, the parties shall filed status reports by October 5, 2020, or upon significant legal developments affecting the case, whichever occurs first. (AS) (Entered: 08/06/2020)	Aug. 6, 2020	Aug. 6, 2020 PACER
	DOCKET CORRECTION re: 86 STATUS REPORT. Modified entry to remove terminated filers (Sylvia Burwell, Thomas E. Price, & Jenny R. Yang). (pb)	Aug. 6, 2020	Aug. 6, 2020 PACER

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Case Details

State / Territory: North Dakota

Case Type(s):

Speech and Religious Freedom

Key Dates

Filing Date: Nov. 7, 2016

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Plaintiffs include the State of North Dakota and several Catholic entities (the Religious Sisters of Mercy, two Sacred Heart Mercy Health Care Center clinics, the SMP Health System, the University of Mary, Diocese of Fargo, the Catholic Benefits Association, Catholic Medical Association, and the Catholic Charities North Dakota.

Plaintiff Type(s):

State Plaintiff

Non-profit religious organization

Attorney Organizations:

U.S. Dept. of Justice Civil Rights Division

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

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

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