Case: Skyline Wesleyan Church v. California Department of Managed Health Care

3:16-cv-00501 | U.S. District Court for the Southern District of California

Filed Date: Feb. 26, 2016

Closed Date: May 11, 2023

Clearinghouse coding complete

Case Summary

This is a case about insurance coverage for abortion. Skyline Wesleyan Church, represented by the Alliance Defending Freedom (ADF), brought this lawsuit against the California Department of Managed Health Care (DMHC) in the San Diego County Superior Court on February 4, 2016, challenging a California mandate that group health insurance plans provide coverage for all legal abortions. Plaintiff, a non-profit Christian church offering health insurance to employees, objected on religious grounds to…

This is a case about insurance coverage for abortion. Skyline Wesleyan Church, represented by the Alliance Defending Freedom (ADF), brought this lawsuit against the California Department of Managed Health Care (DMHC) in the San Diego County Superior Court on February 4, 2016, challenging a California mandate that group health insurance plans provide coverage for all legal abortions. Plaintiff, a non-profit Christian church offering health insurance to employees, objected on religious grounds to providing coverage for abortions. It sued under 42 USC § 1983, alleging that the policy violated the First Amendment's Free Exercise Clause and Establishment Clause, as well as the Fourteenth Amendment's Equal Protection Clause (based on alleged discrimination in the granting of employer exemptions to the policy). The plaintiff also brought claims for violations of state law. Plaintiff requested injunctive and declaratory relief preventing the DMHC from enforcing the policy, as well as nominal damages and attorneys' fees.

On February 16, soon after the lawsuit was filed, the DMHC removed the case to the U.S. District Court for the Southern District of California. It was initially assigned to Judge Jeffrey T. Miller, but was reassigned to Judge Marilyn L. Huff after Judge Miller recused himself.

On May 15, 2016, defendants filed a motion to dismiss for lack of jurisdiction and failure to state a claim. On June 20, the court granted the motion in part, dismissing the Equal Protection Claim because the plaintiff had failed to allege discrimination against religious employers in the enforcement of the policy. 2016 WL 11621587.

Discovery continued from mid-2016. On November 20, 2017, both parties moved for summary judgment. Before the court ruled on the motion, Judge Huff recused herself, as did the next two judges to which the case was reassigned; eventually the case was reassigned to Judge Cathy Ann Bencivengo. (The docket does not indicate the reason for the recusals.)

On March 9, 2018, the court granted summary judgment to the defendants. The court held that the plaintiff's claims were not ripe for adjudication because it was unclear what religious exemptions the DMHC might grant. It also held that the plaintiff lacked standing because it was not clear that a decision would redress the injury, given that the ultimate availability of insurance plans would depend on the actions of health care providers, who were not parties to the case. Therefore, the court dismissed the case. 313 F.Supp.3d 1225.

On April 6, 2018, the plaintiff appealed the dismissal to the Ninth Circuit Court of Appeals. On November 4, 2019, the parties completed oral arguments before Judges Mary M. Schroeder, Michelle T. Friedland, and Lee H. Rosenthal. The Circuit court issued a judgment on May 13, 2020, reversing the district court. The Ninth Circuit held that the plaintiff had standing even though it had not requested an exemption, because the plaintiff used to have an insurance policy excluding abortion coverage until the DMHC sent letters to insurers instructing them to cover abortions. Therefore, a decision could redress the injury by causing the insurers to once again offer plans excluding abortion coverage. The Ninth Circuit also held that the plaintiff's claim was ripe, and there was no need to wait until the plaintiff actually had an exemption request denied (which was difficult to do for procedural reasons). The Ninth Circuit remanded the case to the district court to consider the merits. 968 F.3d 738.

On September 25, 2020, the district court case was reassigned to Judge Todd. W. Robinson, and a day later, to Judge Michael S. Berg. The case was stayed pending a ruling by the Supreme Court in Fulton v. City of Philadelphia. On June 17, 2021, the Supreme Court issued its ruling in Fulton, holding that the government had violated the plaintiff’s free exercise rights by failing to treat religion in a neutral manner when granting exceptions to a policy requiring foster care organizations to provide services without regard to sexual orientation in order to get government contracts. 

On January 4, 2022, this case was reassigned to Judge Linda Lopez. On April 6, 2022, the case was reassigned to judge Ruth Bermudez Montenegro.

On May 10, 2022, the parties reached a settlement. They requested that the court grant the plaintiff a permanent injunction on its free exercise claim and dismiss the remaining claims. The DMHC agreed to "consider requests and proposals from Plaintiff for abortion care coverage comporting with its religious beliefs, and approve or provide feedback on the proposed coverage within 30 days." The DMHC also agreed to pay the plaintiff $900,000 in attorneys' fees. The next day, the court entered judgment for the plaintiff. There have been no further developments as of May 2025.

Summary Authors

Isobel Blakeway-Phillips (4/23/2025)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4193639/parties/skyline-wesleyan-church-v-california-department-of-managed-health-care/


Judge(s)
Attorney for Plaintiff

Galus, Jeremiah (California)

Hacker, David Jonathan (California)

Holcomb, Christiana (California)

Attorney for Defendant

Eisenberg, Karli Ann (California)

Fox, Nicole Ries (California)

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Documents in the Clearinghouse

Document
1

3:16-cv-00501

Defendants' Notice of Removal of Action Under 28 U.S.C. 1441(a)

Feb. 26, 2016

Feb. 26, 2016

Pleading / Motion / Brief
28

3:16-cv-00501

Order Granting in Part and Denying in Part Defendants' Motion to Dismiss

June 20, 2016

June 20, 2016

Order/Opinion

2016 WL 11621587

91

3:16-cv-00501

Order on Cross-Motions for Summary Judgment

March 9, 2018

March 9, 2018

Order/Opinion

313 F.Supp.3d 1225

105

3:16-cv-00501

Mandate

U.S. Court of Appeals for the Ninth Circuit

Aug. 19, 2020

Aug. 19, 2020

Order/Opinion

968 F.3d 738

141

3:16-cv-00501

Order Granting Joint Motion and Entering Judgment

May 11, 2023

May 11, 2023

Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4193639/skyline-wesleyan-church-v-california-department-of-managed-health-care/

Last updated Jan. 16, 2026, 3:53 a.m.

ECF Number Description Date Link Date / Link
1

NOTICE OF REMOVAL from Superior Court, San Diego County, Central Division, case number 37-2016-00003936-CU-CR-CTL. ( Filing fee $ 400 receipt number 0974-8835685.), filed by California Department of Managed Health Care, Michelle Rouillard. (Attachments: # 1 Civil Cover Sheet)The new case number is 3:16-cv-501-JM-DHB. Judge Jeffrey T. Miller and Magistrate Judge David H. Bartick are assigned to the case.(fth) (jao). (Entered: 02/26/2016)

1 Civil Cover Sheet

View on RECAP

Feb. 26, 2016

Feb. 26, 2016

Clearinghouse
2

NOTICE of Appearance by Karli Ann Eisenberg on behalf of California Department of Managed Health Care (Eisenberg, Karli)Attorney Karli Ann Eisenberg added to party California Department of Managed Health Care(pty:dft) (rlu). (Entered: 03/04/2016)

March 4, 2016

March 4, 2016

3

NOTICE OF RELATED CASE(S) by California Department of Managed Health Care of case(s) 2:15-cv-02165 KJM EFB . (Eisenberg, Karli) no low number order prepared on 3/8/2016 (rlu). (Entered: 03/07/2016)

March 7, 2016

March 7, 2016

4

NOTICE by California Department of Managed Health Care NOTICE OF MOTION AND MOTION TO TRANSFER VENUE TO THE EASTERN DISTRICT OF CALIFORNIA; MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT THEREOF (Attachments: # 1 Request for Judicial Notice, # 2 Declaration JOSHUA SONDHEIMER IN SUPPORT OF DEFENDANTS MOTION TO TRANSFER VENUE TO THE EASTERN DISTRICT OF CALIFORNIA)(Eisenberg, Karli) qc email re wrong event and text entered in all capitals on 3/8/2016 (rlu). (Entered: 03/07/2016)

March 7, 2016

March 7, 2016

5

Joint MOTION for Extension of Time to File Answer to Complaint by California Department of Managed Health Care, Michelle Rouillard. (Attachments: # 1 [Proposed] Order)(Eisenberg, Karli)Attorney Karli Ann Eisenberg added to party Michelle Rouillard(pty:dft) qc email re s/ signature and proposed order on 3/16/2016 (rlu). (Entered: 03/15/2016)

March 15, 2016

March 15, 2016

6

Request to Appear Pro Hac Vice ( Filing fee received: $ 206 receipt number 0974-8887940.) (Application to be reviewed by Clerk.) (Galus, Jeremiah) (aef). (Entered: 03/15/2016)

March 15, 2016

March 15, 2016

7

Request to Appear Pro Hac Vice ( Filing fee received: $ 206 receipt number 0974-8887995.) (Application to be reviewed by Clerk.) (Stanley, Erik) (aef). (Entered: 03/15/2016)

March 15, 2016

March 15, 2016

8

ORDER Granting 5 Joint Motion to Extend Time for Defendants to Respond to Complaint. Defendants shall answer or otherwise respond to Plaintiff's complaint on or before 5/16/2016. Signed by Judge Jeffrey T. Miller on 3/18/2016. (rlu) (Entered: 03/18/2016)

March 18, 2016

March 18, 2016

9

MINUTE ORDER OF RECUSAL. Judge Jeffrey T. Miller is no longer assigned. Case randomly reassigned to Judge Marilyn L. Huff for all further proceedings. Pending hearings previously set before the original Judge have been transferred to the newly assigned Judge. The new case number is 16cv501 H (DHB).(no document attached) (jcj) (Entered: 03/23/2016)

March 23, 2016

March 23, 2016

Order of Judge Transfer

March 23, 2016

March 23, 2016

10

ORDER Continuing Hearing on 4 MOTION to Transfer. The Motion Hearing set for 4/18/2016 at 10:00 AM is continued to 4/18/2016 at 10:30 AM in Courtroom 15A before Judge Marilyn L. Huff. Signed by Judge Marilyn L. Huff on 3/24/2016.(ag) (jao). (Entered: 03/24/2016)

March 24, 2016

March 24, 2016

11

NOTICE of Appearance by David Jonathan Hacker on behalf of Skyline Wesleyan Church (Hacker, David)Attorney David Jonathan Hacker added to party Skyline Wesleyan Church(pty:pla) QC email sent re missing certificate of service (nbp) (Entered: 03/29/2016)

March 29, 2016

March 29, 2016

12

CERTIFICATE OF SERVICE by Skyline Wesleyan Church re 11 Notice of Appearance of David J. Hacker (Hacker, David) (ag). (Entered: 04/01/2016)

April 1, 2016

April 1, 2016

13

RESPONSE in Opposition re 4 MOTION to Change Venue filed by Skyline Wesleyan Church. (Hacker, David) (nbp) (Entered: 04/04/2016)

April 4, 2016

April 4, 2016

14

ORDER Approving Pro Hac Vice as to Erik Stanley. Signed by Judge Marilyn L. Huff on 4/5/2016.(aef) (Entered: 04/06/2016)

April 6, 2016

April 6, 2016

15

ORDER Approving Pro Hac Vice as to Jeremiah Galus. Signed by Judge Marilyn L. Huff on 4/5/2016.(aef) (Entered: 04/06/2016)

April 6, 2016

April 6, 2016

16

REPLY - Other re 13 Response in Opposition to Motion in Support of the Motion to Transfer Venue filed by California Department of Managed Health Care, Michelle Rouillard. (Attachments: # 1 Proof of Service)(Eisenberg, Karli) (ag). (Entered: 04/08/2016)

April 8, 2016

April 8, 2016

17

ORDER Denying Defendants' 4 Motion to Transfer. Signed by Judge Marilyn L. Huff on 4/14/2016. (ag) (Entered: 04/15/2016)

April 15, 2016

April 15, 2016

18

MOTION for Leave to File Excess Pages by California Department of Managed Health Care, Michelle Rouillard. (Attachments: # 1 Exhibit A Stipulation and [Proposed] Order, # 2 Proof of Service)(Eisenberg, Karli) Sent QC email re proposed orders are not to be filed (nbp). (Entered: 05/10/2016)

May 10, 2016

May 10, 2016

19

ORDER Granting Unopposed Motion for Leave to File Excess Pages (Doc. No. 18 .) Defendants may file a memorandum of not more than twenty-nine pages in support of their motion to dismiss. Signed by Judge Marilyn L. Huff on 5/10/2016. (nbp) (jao). (Entered: 05/11/2016)

May 11, 2016

May 11, 2016

20

MOTION to Dismiss Plaintiff's Complaint by California Department of Managed Health Care, Michelle Rouillard. (Attachments: # 1 Memo of Points and Authorities, # 2 Request for Judicial Notice, # 3 Exhibits in Support of Defendants Request for Judicial Notice)(Eisenberg, Karli) (jpp). (Entered: 05/16/2016)

May 16, 2016

May 16, 2016

21

NOTICE of Motion to Dismiss Plaintiff's Complaint by California Department of Managed Health Care, Michelle Rouillard. (Eisenberg, Karli) Modified on 5/17/2016 to edit text to reflect efiling is a Notice of Motion re 20 (jpp). (Entered: 05/16/2016)

May 16, 2016

May 16, 2016

22

RESPONSE in Opposition re 20 MOTION to Dismiss Plaintiff's Complaint filed by Skyline Wesleyan Church. (Galus, Jeremiah) (ag). (Entered: 06/06/2016)

June 6, 2016

June 6, 2016

23

OBJECTION by Skyline Wesleyan Church re 20 MOTION to Dismiss Plaintiff's Complaint Request for Judicial Notice (Galus, Jeremiah) (ag). (Entered: 06/06/2016)

June 6, 2016

June 6, 2016

24

REPLY to Response to Motion re 20 MOTION to Dismiss Plaintiff's Complaint filed by California Department of Managed Health Care. (Attachments: # 1 Proof of Service)(Eisenberg, Karli) (ag). (Entered: 06/13/2016)

June 13, 2016

June 13, 2016

25

REPLY to Response to Motion re 20 MOTION to Dismiss Plaintiff's Complaint and Request for Judicial Notice filed by California Department of Managed Health Care. (Attachments: # 1 Proof of Service)(Eisenberg, Karli) (ag). (Entered: 06/13/2016)

June 13, 2016

June 13, 2016

26

CERTIFICATE OF SERVICE by California Department of Managed Health Care re 24 Reply to Response to Motion, 25 Reply to Response to Motion, (Eisenberg, Karli) (Entered: 06/15/2016)

June 15, 2016

June 15, 2016

27

Minute Entry for proceedings held before Judge Marilyn L. Huff: Motion Hearing held on 6/20/2016 re 20 MOTION to Dismiss Plaintiff's Complaint filed by California Department of Managed Health Care, Michelle Rouillard. The Court submits the matter and will issue a written decision and order. (Court Reporter/ECR Lynnette Lawrence). (Plaintiff Attorney Jeremiah Gatus; David Jonathan Hacker). (Defendant Attorney Karli Ann Eisenberg). (no document attached) (smy) (Entered: 06/20/2016)

June 20, 2016

June 20, 2016

28

ORDER Granting in Part and Denying in Part Defendants' 20 Motion to Dismiss. The Court grants Defendants' motion to dismiss Plaintiff's equal protection claims with leave to amend and denies Defendants' motion to dismiss Plaintiff's remaining claims (Doc. No. 20 ). Plaintiff must file an amended complaint or a notice of its intent to not file an amended complaint on or before 07/20/2016. Defendants must answer the complaint or file a motion to dismiss any amended complaint within thirty days of when Plaintiff files its amended complaint or notice of its intent to not file an amended complaint. Signed by Judge Marilyn L. Huff on 06/20/2016. (ag) (jao). (Entered: 06/20/2016)

June 20, 2016

June 20, 2016

Clearinghouse

~Util - Motions Submitted AND Motion Hearing

June 20, 2016

June 20, 2016

29

NOTICE of Intent to Not File an Amended Complaint by Skyline Wesleyan Church re 28 Order on Motion to Dismiss, (Galus, Jeremiah) (ag). (Entered: 06/30/2016)

June 30, 2016

June 30, 2016

30

ANSWER to Complaint by California Department of Managed Health Care, Michelle Rouillard.(Eisenberg, Karli) (ag). (Entered: 08/01/2016)

Aug. 1, 2016

Aug. 1, 2016

RECAP
31

NOTICE AND ORDER for Early Neutral Evaluation Conference. An Early Neutral Evaluation Conference is set for 9/14/2016 at 10:00 AM before Magistrate Judge David H. Bartick. Signed by Magistrate Judge David H. Bartick on 8/2/2016.(ag) (Entered: 08/02/2016)

Aug. 2, 2016

Aug. 2, 2016

32

ORDER Rescheduling Early Neutral Evaluation Conference. The Early Neutral Evaluation Conference set for 9/14/2016 is rescheduled to 9/6/2016 at 10:00 AM before Magistrate Judge David H. Bartick. Signed by Magistrate Judge David H. Bartick on 8/23/2016.(ag) (Entered: 08/23/2016)

Aug. 23, 2016

Aug. 23, 2016

33

NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings (Motion Hearing) held on 6/20/2016, before Judge Marilyn L. Huff. Court Reporter/Transcriber: Echo Reporting. 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 or the Court Reporter/Transcriber. If redaction is necessary, parties have seven calendar days from the file date of the Transcript to E-File the Notice of Intent to Request Redaction. The following deadlines would also apply if requesting redaction: Redaction Request Statement due to Court Reporter/Transcriber 9/14/2016. Redacted Transcript Deadline set for 9/26/2016. Release of Transcript Restriction set for 11/22/2016. (akr) (Entered: 08/24/2016)

Aug. 24, 2016

Aug. 24, 2016

34

ORDER Converting Early Neutral Evaluation Conference to Telephonic, Attorneys-Only. Signed by Magistrate Judge David H. Bartick on 9/2/2016.(ag) (Entered: 09/02/2016)

Sept. 2, 2016

Sept. 2, 2016

35

Minute Entry for proceedings held before Magistrate Judge David H. Bartick: Early Neutral Evaluation Conference held on 9/6/2016. Case did not settle. Order to follow. (Plaintiff Attorney Erik Stanley, Jeremiah Galus). (Defendant Attorney Karli Ann Eisenberg). (no document attached) (cxe) (Entered: 09/06/2016)

Sept. 6, 2016

Sept. 6, 2016

36

Order Following Early Neutral Evaluation Conference, Setting Rule 26 Compliance and Notice of Telephonic Case Management Conference. An Early Neutral Evaluation Conference was held on 9/6/2016. A telephonic, attorneys only Case Management Conference is set for 10/20/2016 at 9:30 AM before Magistrate Judge David H. Bartick. Signed by Magistrate Judge David H. Bartick on 9/6/2016.(ag) (Entered: 09/06/2016)

Sept. 6, 2016

Sept. 6, 2016

RECAP

Early Neutral Evaluation Conference

Sept. 6, 2016

Sept. 6, 2016

37

NOTICE of Withdrawal of David J. Hacker as Plaintiff's Counsel by Skyline Wesleyan Church (Hacker, David) (ag). (Entered: 09/08/2016)

Sept. 8, 2016

Sept. 8, 2016

38

The Court hereby VACATES the Case Management Conference presently set for October 20, 2016 at 9:30 a.m. The Court has received the parties' Joint Status Report and Discovery Plan, and will issue a written Scheduling Order in due course. (no document attached) (cxe) (Entered: 10/14/2016)

Oct. 14, 2016

Oct. 14, 2016

~Util - Terminate Hearings

Oct. 14, 2016

Oct. 14, 2016

39

Scheduling Order Regulating Discovery and Other Pretrial Proceedings. A Mandatory Settlement Conference is set for 9/15/2017 at 10:00 AM before Magistrate Judge David H. Bartick. The Memorandum of Contentions of Fact and Law is due by 9/25/2017. The Proposed Pretrial Order is due by 10/16/2017 and a Final Pretrial Conference is set for 10/23/2017 at 10:30 AM before Judge Marilyn L. Huff. Signed by Magistrate Judge Louisa S Porter on 10/19/2016.(ag) (Entered: 10/19/2016)

Oct. 19, 2016

Oct. 19, 2016

40

NOTICE of Appearance by Christiana Holcomb on behalf of Skyline Wesleyan Church (Holcomb, Christiana)Attorney Christiana Holcomb added to party Skyline Wesleyan Church(pty:pla) (ag). (Entered: 12/01/2016)

Dec. 1, 2016

Dec. 1, 2016

41

Joint MOTION Regarding Confidential Information by California Department of Managed Health Care, Michelle Rouillard. (Eisenberg, Karli) (ag). (Entered: 12/16/2016)

Dec. 16, 2016

Dec. 16, 2016

42

Joint MOTION for Protective Order Regarding Confidential Information by California Department of Managed Health Care, Michelle Rouillard. (Eisenberg, Karli) (fth). (Entered: 12/21/2016)

Dec. 21, 2016

Dec. 21, 2016

43

ORDER: terminating as moot 41 Joint Motion Regarding Confidential Information; and granting 42 Joint Motion Regarding Confidential Information. Signed by Magistrate Judge Louisa S Porter on 12/22/2016. (fth) (Entered: 12/22/2016)

Dec. 22, 2016

Dec. 22, 2016

44

NOTICE of Intent to Serve Subpoena by Skyline Wesleyan Church (Galus, Jeremiah) (ag). (Entered: 03/30/2017)

March 30, 2017

March 30, 2017

45

NOTICE of Intent to Serve Subpoena by Skyline Wesleyan Church (Galus, Jeremiah) (ag). (Entered: 03/30/2017)

March 30, 2017

March 30, 2017

46

NOTICE of Intent to Serve Subpoena by Skyline Wesleyan Church (Galus, Jeremiah) (ag). (Entered: 03/30/2017)

March 30, 2017

March 30, 2017

47

Joint MOTION for Discovery Dispute Determination by Skyline Wesleyan Church. (Attachments: # 1 Declaration Exh 1 - Galus Declaration, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Declaration Eisenberg Declaration, # 12 Declaration Ravel Declaration)(Galus, Jeremiah) (ag). (Entered: 04/24/2017)

April 24, 2017

April 24, 2017

48

MOTION to File Documents Under Seal (Eisenberg, Karli). Modified on 4/25/2017 - QC Email sent to lodge proposed sealed documents (jah). (Entered: 04/24/2017)

April 24, 2017

April 24, 2017

49

***FILED AS SEALED DOCUMENT ON 5/1/2017*** - SEALED LODGED Proposed Document re: 48 MOTION to File Documents Under Seal. Document to be filed by Clerk if Motion to Seal is granted. (Eisenberg, Karli). (jah)(aef) (Entered: 04/25/2017)

April 25, 2017

April 25, 2017

50

ORDER Re: Joint Motion for Determination of Discovery Dispute. (Re Doc 47 ) The Court ORDERS the parties to engage in further meet and confer efforts regarding all issues raised by the pending Joint Motion. The meet and confer efforts must be in person if counsel are in the same county, or by telephone if they are in different counties. No later than May 15, 2017, the parties shall file a Joint Status Report with the Court. Signed by Magistrate Judge David H. Bartick on 5/1/2017.(aef) (Entered: 05/01/2017)

May 1, 2017

May 1, 2017

51

ORDER Granting 48 Defendants' Motion to Seal Exhibits 7, 10, N and O filed in Support of Joint Motion for Determination of Discovery Dispute. Signed by Magistrate Judge David H. Bartick on 5/1/2017. (aef) (Entered: 05/01/2017)

May 1, 2017

May 1, 2017

53

Joint STATUS REPORT Re: Joint Motion for Determination of Discovery Dispute by Skyline Wesleyan Church. (Galus, Jeremiah) (ag). (Entered: 05/15/2017)

May 15, 2017

May 15, 2017

54

Joint MOTION for Extension of Time to Complete Discovery and to Modify Scheduling Order by Skyline Wesleyan Church. (Galus, Jeremiah) (ag). (Entered: 05/25/2017)

May 25, 2017

May 25, 2017

55

Joint MOTION to Amend/Correct 47 Joint MOTION for Discovery Dispute Determination by Skyline Wesleyan Church. (Attachments: # 1 Declaration of J. Galus, # 2 Declaration of K. Eisenberg, # 3 Declaration of G. Ravel)(Galus, Jeremiah) (jpp). (Entered: 06/05/2017)

June 5, 2017

June 5, 2017

56

MOTION to File Documents Under Seal (Eisenberg, Karli). (jah). (Entered: 06/05/2017)

June 5, 2017

June 5, 2017

57

***DOCUMENT FILED UNDER SEAL ON 9/22/2017*** SEALED LODGED Proposed Document re: 56 MOTION to File Documents Under Seal. Document to be filed by Clerk if Motion to Seal is granted. (With attachments)(Eisenberg, Karli). (jah). (Main Document 57 replaced on 9/22/2017)Modified on 9/22/2017 to add lodgment file date (aef). (Entered: 06/05/2017)

June 5, 2017

June 5, 2017

58

ORDER Granting 54 Joint Motion to Modify Scheduling Order. A Mandatory Settlement Conference is set for 1/10/2018 at 10:00 AM in the chambers of Magistrate Judge David H. Bartick. Counsel shall file their Memorandum of Contentions of Fact and Law by 1/22/2018. The Proposed Pretrial Order is due by 2/12/2018. The Final Pretrial Conference is set for 2/26/2018 at 10:30 AM before Judge Marilyn L. Huff. Signed by Magistrate Judge Karen S. Crawford for Magistrate Judge David H. Bartick on 6/12/2017. (ag) (jao). (Entered: 06/13/2017)

June 12, 2017

June 12, 2017

59

Joint MOTION for Court Approval of Stipulation Governing Discovery by Skyline Wesleyan Church. (Attachments: # 1 Exhibit A - Stipulation Governing Discovery)(Galus, Jeremiah) (ag). (Entered: 09/08/2017)

Sept. 8, 2017

Sept. 8, 2017

60

ORDER Granting 59 Joint Motion for Court Approval of Stipulation Governing Discovery. Signed by Magistrate Judge Louisa S Porter on 9/20/2017. (ag) (Entered: 09/20/2017)

Sept. 20, 2017

Sept. 20, 2017

61

ORDER: (1) Regarding Joint Motions for Determination of Discovery Dispute (ECF Nos. 47, 55 ); and (2) Granting Motion to File Documents Under Seal (ECF No 56 ). The Court ORDERS as follows: Plaintiff's motion to compel production of the documents listed in the excerpted Third Amended Privilege Log is DENIED. However, Defendants shall lodge documents bates-stamped PRIV006037-6083, PRIV002949, PRIV002950-2995, and PRIV004196-4242 with the Court no later than September 26, 2017 for in camera review, so that the Court may engage in a balancing analysis to determine whether the Official Information Privilege applies. Defendants Motion to Seal (ECF No. 56) is GRANTED. Accordingly, the documents lodged at ECF No. 57 shall be filed under seal. Signed by Magistrate Judge Louisa S Porter on 9/22/2017. (aef) (Entered: 09/22/2017)

Sept. 22, 2017

Sept. 22, 2017

RECAP
63

SEALED LODGED Proposed Document re: 56 MOTION to File Documents Under Seal. Document to be filed by Clerk if Motion to Seal is granted. (With attachments)(Eisenberg, Karli) Modified on 9/26/2017-Documents filed per ECF 61 (aef). (Entered: 09/25/2017)

Sept. 25, 2017

Sept. 25, 2017

64

ORDER Re: Documents Submitted for in Camera Review. Signed by Magistrate Judge Louisa S Porter on 10/10/2017.(ag) (Entered: 10/10/2017)

Oct. 10, 2017

Oct. 10, 2017

65

Joint MOTION to Set Briefing Schedule and Modify Scheduling Order by Skyline Wesleyan Church. (Galus, Jeremiah) (ag). (Entered: 10/11/2017)

Oct. 11, 2017

Oct. 11, 2017

66

ORDER Granting 65 Motion to Modify Scheduling Order and Set Briefing Schedule. The Memorandum of Contentions of Fact and Law is due by 3/19/2018. The Proposed Pretrial Order is due by 4/9/2018. The Final Pretrial Conference is set for 4/16/2018 at 10:30 AM before Judge Marilyn L. Huff. Signed by Judge Marilyn L. Huff on 10/13/82017. (ag) (Entered: 10/13/2017)

Oct. 13, 2017

Oct. 13, 2017

RECAP
67

MOTION for Summary Judgment by Skyline Wesleyan Church. (Attachments: # 1 Memo of Points and Authorities, # 2 Statement of Facts, # 3 Declaration of Dr. James Garlow, # 4 Declaration of Gayle Amann, # 5 Declaration of Jeremiah Galus, # 6 Exhibit 1 - 6 to Galus Declaration, # 7 Exhibit 7 - 9 to Galus Declaration, # 8 Exhibit 10 - 13 to Galus Declaration, # 9 Exhibit 14 - 23 to Galus Declaration, # 10 Exhibit 24 - 46 to Galus Declaration, # 11 Exhibit 47 - 54 to Galus Declaration)(Galus, Jeremiah) (jjg). (Entered: 11/20/2017)

Nov. 20, 2017

Nov. 20, 2017

68

MOTION for Summary Judgment or OR IN THE ALTERNATIVE FOR SUMMARY ADJUDICATION, OF CLAIMS (OR DEFENSES) by California Department of Managed Health Care, Michelle Rouillard. (Attachments: # 1 Memo of Points and Authorities, # 2 Request for Judicial Notice, # 3 Declaration Karli Eisenberg, # 4 Declaration Sarah Ream, # 5 Declaration Nancy Wong, # 6 Proof of Service)(Eisenberg, Karli) (jjg). (Entered: 11/20/2017)

Nov. 20, 2017

Nov. 20, 2017

69

MOTION to File Documents Under Seal (Galus, Jeremiah) (aef). (Entered: 11/20/2017)

Nov. 20, 2017

Nov. 20, 2017

70

SEALED LODGED Proposed Document re: 69 MOTION to File Documents Under Seal. Document to be filed by Clerk if Motion to Seal is granted. (With attachments)(Galus, Jeremiah) (aef). (Entered: 11/20/2017)

Nov. 20, 2017

Nov. 20, 2017

71

MOTION for Leave to File Separate Statement of Material Facts by California Department of Managed Health Care, Michelle Rouillard. (Attachments: # 1 Declaration, # 2 Proof of Service)(Eisenberg, Karli) (jjg). (Entered: 11/28/2017)

Nov. 28, 2017

Nov. 28, 2017

72

RESPONSE re 43 Order on Motion for Miscellaneous Relief, Order on Motion for Protective Order filed by California Department of Managed Health Care, Michelle Rouillard. (Attachments: # 1 Declaration of Gabriel Ravel, # 2 Declaration of Karli Eisenberg, # 3 Proof of Service)(Eisenberg, Karli) (jjg). (Entered: 11/29/2017)

Nov. 29, 2017

Nov. 29, 2017

73

Order Continuing Mandatory Settlement Conference. Mandatory Settlement Conference continued to 3/5/2018 at 10:00 AM before Magistrate Judge David H. Bartick. Signed by Magistrate Judge Louisa S Porter on 12/12/2017. (jjg) (Entered: 12/12/2017)

Dec. 12, 2017

Dec. 12, 2017

74

RESPONSE in Opposition re 68 MOTION for Summary Judgment or OR IN THE ALTERNATIVE FOR SUMMARY ADJUDICATION, OF CLAIMS (OR DEFENSES) filed by Skyline Wesleyan Church. (Attachments: # 1 Response to Defendants' Statement of Material Facts)(Galus, Jeremiah) (jjg). (Entered: 12/20/2017)

Dec. 20, 2017

Dec. 20, 2017

75

MOTION to File Documents Under Seal (Galus, Jeremiah) (aef). (Entered: 12/20/2017)

Dec. 20, 2017

Dec. 20, 2017

76

SEALED LODGED Proposed Document re: 75 MOTION to File Documents Under Seal. Document to be filed by Clerk if Motion to Seal is granted. (Galus, Jeremiah) (aef). (Entered: 12/20/2017)

Dec. 20, 2017

Dec. 20, 2017

77

MOTION to Exclude Plaintiffs Experts Testimony and Report by California Department of Managed Health Care, Michelle Rouillard. (Attachments: # 1 Memo of Points and Authorities, # 2 Declaration)(Eisenberg, Karli) (jjg). (Entered: 12/22/2017)

Dec. 22, 2017

Dec. 22, 2017

78

RESPONSE in Opposition re 67 MOTION for Summary Judgment filed by California Department of Managed Health Care, Michelle Rouillard. (Attachments: # 1 Statement of Facts, # 2 Declaration, # 3 Exhibit Exh A - Exh L, # 4 Exhibit Exh M - Exh T)(Eisenberg, Karli) (jjg). (Entered: 12/22/2017)

Dec. 22, 2017

Dec. 22, 2017

79

MINUTE ORDER OF RECUSAL: Judge Marilyn L. Huff hereby recuses this case and directs the Clerk to randomly reassign this case to another district judge. Case randomly reassigned to Judge Thomas J. Whelan for all further proceedings. Judge Marilyn L. Huff is no longer assigned to this case. The new case number is 16-cv-0501-W-DHB. Pending hearings previously set before Judge Marilyn L. Huff have been transferred to the calendar of Judge Thomas J. Whelan and are subject to be rescheduled based on Judge Whelan's calendar. SO ORDERED by Judge Marilyn L. Huff on 1/3/2018. (no document attached) (smy) (Entered: 01/03/2018)

Jan. 3, 2018

Jan. 3, 2018

80

RESPONSE to Motion re 75 MOTION to File Documents Under Seal filed by California Department of Managed Health Care, Michelle Rouillard. (Eisenberg, Karli) (jao). (Entered: 01/03/2018)

Jan. 3, 2018

Jan. 3, 2018

Order Reassigning Case

Jan. 3, 2018

Jan. 3, 2018

81

MINUTE ORDER OF RECUSAL. Judge Thomas J. Whelan is no longer assigned. Case reassigned to Judge Dana M. Sabraw for all further proceedings. Pending hearings previously set before the original Judge have been transferred to the newly assigned Judge. The new case number is 16CV0501-DMS-DHB.(no document attached) (sjm) (Entered: 01/05/2018)

Jan. 5, 2018

Jan. 5, 2018

Order of Judge Transfer

Jan. 5, 2018

Jan. 5, 2018

82

MINUTE ORDER OF RECUSAL. Judge Dana M. Sabraw is no longer assigned. Case reassigned to Judge Cathy Ann Bencivengo and Judge Cathy Ann Bencivengo for all further proceedings. Pending hearings previously set before the original Judge have been transferred to the newly assigned Judge. The new case number is 16cv501-CAB-DHB.(no document attached) (sjm) (Entered: 01/08/2018)

Jan. 8, 2018

Jan. 8, 2018

83

Minute Order: It is hereby ORDERED that notwithstanding the reassignment of this case to Judge Cathy Ann Bencivengo, the current scheduling order and briefing schedule set forth at Docket Number 66 remains in effect. The final pretrial conference on April 16, 2018 will be held before Judge Bencivengo instead of Judge Marilyn L. Huff.(jjg) (Entered: 01/08/2018)

Jan. 8, 2018

Jan. 8, 2018

Order of Judge Transfer

Jan. 8, 2018

Jan. 8, 2018

84

REPLY to Response to Motion re 67 MOTION for Summary Judgment filed by Skyline Wesleyan Church. (Galus, Jeremiah) (rmc). (Entered: 01/22/2018)

Jan. 22, 2018

Jan. 22, 2018

85

REPLY to Response to Motion re 68 MOTION for Summary Judgment or OR IN THE ALTERNATIVE FOR SUMMARY ADJUDICATION, OF CLAIMS (OR DEFENSES) filed by California Department of Managed Health Care, Michelle Rouillard. (Eisenberg, Karli) (rmc). (Entered: 01/22/2018)

Jan. 22, 2018

Jan. 22, 2018

86

Minute Order: Tentative Order in preparation for the Summary Judgment Hearing. (Attachments: # 1 Tentative Order)(jjg) (Entered: 02/06/2018)

1 Tentative Order

View on RECAP

Feb. 6, 2018

Feb. 6, 2018

Clearinghouse
87

RESPONSE in Opposition re 77 MOTION to Exclude Plaintiffs Experts Testimony and Report filed by Skyline Wesleyan Church. (Galus, Jeremiah) (jjg). (Entered: 02/12/2018)

Feb. 12, 2018

Feb. 12, 2018

88

REPLY to Response to Motion re 77 MOTION to Exclude Plaintiffs Experts Testimony and Report filed by California Department of Managed Health Care, Michelle Rouillard. (Eisenberg, Karli) (jjg). (Entered: 02/15/2018)

Feb. 15, 2018

Feb. 15, 2018

89

ORDER (AGS): In light of the Court's tentative order (ECF No. 86 ) on the parties' cross-motions for summary judgment (ECF Nos. 67 and 68 ), the Court vacates the March 5, 2018 Mandatory Settlement Conference. The parties must submit a written status report within five days of the Court's order on summary judgment, indicating whether a settlement conference would be valuable. Should the order on summary judgment resolve the case, the obligation to file a joint status report will be stricken without further Court action. Signed by Magistrate Judge Andrew G. Schopler on 2/26/18.(no document attached) (jrg) (Entered: 02/26/2018)

Feb. 26, 2018

Feb. 26, 2018

90

Minute Order for proceedings held before Judge Cathy Ann Bencivengo: Motion Hearing held on 2/26/2018 re 68 MOTION for Summary Judgment or OR IN THE ALTERNATIVE FOR SUMMARY ADJUDICATION, OF CLAIMS (OR DEFENSES) filed by California Department of Managed Health Care, Michelle Rouillard and 67 MOTION for Summary Judgment filed by Skyline Wesleyan Church. Motions are taken under submission by the Court. Order to follow. (Court Reporter/ECR Mauralee Ramirez). (Plaintiff Attorney Jeremiah Galus and Erik Stanley).(Defendant Attorney Karli Ann Eisenberg and Niromi Pfeiffer). (no document attached) (lmh) (Entered: 02/26/2018)

Feb. 26, 2018

Feb. 26, 2018

Order AND ~Util - Terminate Scheduling Order Deadlines

Feb. 26, 2018

Feb. 26, 2018

Motion Hearing AND Order on Motion for Summary Judgment AND Order on Motion for Summary Judgment AND ~Util - Motions Submitted

Feb. 26, 2018

Feb. 26, 2018

91

ORDER on Cross-Motions for Summary Judgment [Doc. Nos. 67, 68 ]. Signed by Judge Cathy Ann Bencivengo on 3/9/2018. (jjg) (Main Document 91 replaced on 3/9/2018) (jjg). (Entered: 03/09/2018)

March 9, 2018

March 9, 2018

Clearinghouse
92

Exhibit 24 to Galus Declaration. (Attachments: # 1 Exhibit 27 to Galus Declaration, # 2 Exhibit 38 to Galus Declaration, # 3 Exhibit 42 to Galus Declaration, # 4 Exhibit 45 to Galus Declaration, # 5 Statement of Facts)(aef) (Entered: 03/09/2018)

March 9, 2018

March 9, 2018

93

CLERK'S JUDGMENT. IT IS SO ORDERED AND ADJUDGED: Plaintiff's claims are Dismissed Without Prejudice. It Is So Ordered. (jjg) (Entered: 03/09/2018)

March 9, 2018

March 9, 2018

RECAP

Case Details

State / Territory:

California

Case Type(s):

Speech and Religious Freedom

Key Dates

Filing Date: Feb. 26, 2016

Closing Date: May 11, 2023

Case Ongoing: No reason to think so

Plaintiffs

Plaintiff Description:

A non-profit, Christian church providing healthcare for employees

Plaintiff Type(s):

Non-profit religious organization

Attorney Organizations:

Alliance Defending Freedom

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

California Department of Managed Health Care, State

Defendant Type(s):

Hospital/Health Department

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

Ex parte Young (federal or state officials)

State law

Constitutional Clause(s):

Equal Protection

Establishment Clause

Free Exercise Clause

Other Dockets:

Southern District of California 3:16-cv-00501

U.S. Court of Appeals for the Ninth Circuit 18-55451

Available Documents:

Any published opinion

Complaint (any)

Injunctive (or Injunctive-like) Relief

Trial Court Docket

Outcome

Prevailing Party: Plaintiff OR Mixed

Relief Granted:

Attorneys fees

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Content of Injunction:

Reasonable Accommodation

Amount Defendant Pays: $900,000

Issues

Discrimination Area:

Disparate Treatment

Discrimination Basis:

Religion discrimination

Affected Religion(s):

Christianity

Reproductive rights:

Abortion

Reproductive health care (including birth control, abortion, and others)