Case: Infrastructure Alternatives, Inc. v. Sebelius

1:13-cv-00031 | U.S. District Court for the Western District of Michigan

Filed Date: Jan. 10, 2013

Closed Date: 2013

Clearinghouse coding complete

Case Summary

On January 10, 2013, several Catholic business owners filed a lawsuit in the U.S. District Court for the Western District of Michigan under the First Amendment, the Religious Freedom Restoration Act ("RFRA"), and the Administrative Procedures Act ("APA"), against the U.S. Departments of Health and Human Services, Labor, and the Treasury as well as those agencies' secretaries in their official capacities. The plaintiffs, represented by the private counsel, asked the court for both declaratory an…

On January 10, 2013, several Catholic business owners filed a lawsuit in the U.S. District Court for the Western District of Michigan under the First Amendment, the Religious Freedom Restoration Act ("RFRA"), and the Administrative Procedures Act ("APA"), against the U.S. Departments of Health and Human Services, Labor, and the Treasury as well as those agencies' secretaries in their official capacities. The plaintiffs, represented by the private counsel, asked the court for both declaratory and injunctive relief, alleging that federal rules adopted pursuant to the 2010 Patient Protection and Affordable Care Act ("ACA") violated their religious freedom by requiring them to provide coverage for contraception through their companies' group health insurance plans. Claiming that providing contraceptive coverage would contravene their Catholic faith, the plaintiffs sought an exemption from the ACA's contraception mandate for themselves and other business owners with similar religious objections.

Plaintiffs, shareholders and operators of an environmental contractor that employed 70 people, maintained a health insurance plan that provided medical coverage to all of its employees. In accordance with the plaintiffs' religious beliefs, the healthcare plan specifically excluded abortifacient drugs, contraception, and sterilization. However, the ACA required employers with over 50 full-time employees to provide health insurance coverage that included contraception and surgical sterilization, as well as education and counseling for such services. Failure to comply with the ACA mandate resulted in a monetary penalties.

The complaint alleged that the defendants' actions in implementing the ACA coerced the plaintiffs and thousands of other individuals to engage in acts against their religious beliefs. Specifically, as Catholics, the plaintiffs opposed paying for, providing, facilitating, or otherwise supporting abortifacient drugs, contraception, or elective sterilization, which they claimed was compulsory under the health coverage requirements of the ACA. Plaintiffs alleged this violated their right to freely practice their religion and violated their rights under the RFRA and the APA.

On May 8, 2013, the District Court (Judge Robert J. Jonker) stayed all proceedings until the Sixth Circuit Court of Appeals ruled on the appeals in Autocam Corporation v. Sebelius, No. 1:12-cv-1096 (W.D. Mich. Oct. 8, 2012), a case raising similar issues. The Sixth Circuit Court of Appeals issued a ruling in Autocam, affirming the denial of injunctive relief and ordering the dismissal of the case.

On September 30, 2013, the plaintiffs voluntarily dismissed their claims under the APA with prejudice. The District Court dismissed the remaining claims were dismissed for lack of standing. This case is now closed.

Summary Authors

Tifani Sadek (10/9/2013)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4293526/parties/infrastructure-alternatives-inc-v-sebelius/


Judge(s)

Jonker, Robert James (Michigan)

Attorney for Plaintiff

Donnell, Douglas A. (Michigan)

Attorney for Defendant

Pollack, Michael Charles (District of Columbia)

Expert/Monitor/Master/Other

Amiri, Brigitte A. (New York)

Steinberg, Michael J. (Michigan)

show all people

Documents in the Clearinghouse

Document

1:13-cv-00031

Docket [PACER]

Sept. 30, 2013

Sept. 30, 2013

Docket
1

1:13-cv-00031

Complaint

Jan. 10, 2013

Jan. 10, 2013

Complaint
22

1:13-cv-00031

Order

Infrastructure Alternatives v. Sebelius

May 8, 2013

May 8, 2013

Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4293526/infrastructure-alternatives-inc-v-sebelius/

Last updated Jan. 27, 2024, 3:03 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against All Defendants filed by William J. Cretens, Infrastructure Alternatives, Inc., Dana Trierweiler (Attachments: # 1 Civil Cover Sheet)(kvt) (Entered: 01/14/2013)

1 Civil Cover Sheet

View on PACER

Jan. 10, 2013

Jan. 10, 2013

RECAP
2

CORPORATE DISCLOSURE STATEMENT by Infrastructure Alternatives, Inc. (kvt) (Entered: 01/14/2013)

Jan. 10, 2013

Jan. 10, 2013

PACER
3

NOTICE that this case has been assigned to Judge Robert J. Jonker ; with NOTICE OF DEFICIENCY re paper filed initiating documents (kvt) (Entered: 01/14/2013)

Jan. 14, 2013

Jan. 14, 2013

PACER
4

(DISREGARD) ACKNOWLEDGMENT OF SERVICE on behalf of Hilda L. Solis served on 1/16/2013, answer due 2/6/2013 (Donnell, Douglas) Modified on 1/22/2013 - attorney filed corrected service as document 7 (slk). (Entered: 01/22/2013)

Jan. 22, 2013

Jan. 22, 2013

PACER
5

SUMMONS returned executed on Kathleen Sebelius, US Attorney and US Attorney General; service upon defendant, Kathleen Sebelius complete on 1/15/2013, answer due 3/18/2013 (Donnell, Douglas) Modified text on 1/23/2013 (mkc). (Entered: 01/22/2013)

Jan. 22, 2013

Jan. 22, 2013

PACER
6

SUMMONS returned executed on United States Department of Health and Human Services, US Attorney and US Attorney General; service upon defendant, United States Department of Health and Human Services complete on 1/15/2013, answer due 3/18/2013 (Donnell, Douglas) Modified text on 1/23/2013 (mkc). (Entered: 01/22/2013)

Jan. 22, 2013

Jan. 22, 2013

PACER
7

SUMMONS returned executed on Hilda L. Solis, US Attorney and US Attorney General; service upon defendant, Hilda L. Solis complete on 1/15/2013, answer due 3/18/2013 (Donnell, Douglas) Modified text on 1/23/2013 (mkc). (Entered: 01/22/2013)

Jan. 22, 2013

Jan. 22, 2013

PACER
8

SUPPLEMENT re Summons Returned Executed as to USA 5, Summons Returned Executed as to USA 7, Summons Returned Executed as to USA, 6 Service on U.S. Attorney General in Grand Rapids by plaintiff Infrastructure Alternatives, Inc. (Donnell, Douglas) (Entered: 01/22/2013)

Jan. 22, 2013

Jan. 22, 2013

PACER
9

SUPPLEMENT re Summons Returned Executed as to USA 5, Summons Returned Executed as to USA 7, Summons Returned Executed as to USA, 6 Affidavit of Service on Office of the Attorney General, Washington, DC by plaintiff Infrastructure Alternatives, Inc. (Donnell, Douglas) (Entered: 01/22/2013)

Jan. 22, 2013

Jan. 22, 2013

PACER
10

SUMMONS returned executed on United States Department of Labor, US Attorney and US Attorney General; service upon defendant, United States Department of Labor complete on 1/15/2013, answer due 3/18/2013 (Donnell, Douglas) (Entered: 02/01/2013)

Feb. 1, 2013

Feb. 1, 2013

PACER
11

SUMMONS returned executed on Timothy Geithner, US Attorney and US Attorney General; service upon defendant, Timothy Geithner complete on 1/15/2013, answer due 3/18/2013 (Donnell, Douglas) (Entered: 02/01/2013)

Feb. 1, 2013

Feb. 1, 2013

PACER
12

SUMMONS returned executed on United States Department of Treasury, US Attorney and US Attorney General; service upon defendant, United States Department of Treasury complete on 1/15/2013, answer due 3/18/2013 (Donnell, Douglas) (Entered: 02/01/2013)

Feb. 1, 2013

Feb. 1, 2013

PACER
13

MOTION to dismiss for failure to state a claim by defendants Timothy Geithner, Kathleen Sebelius, Hilda L. Solis, United States Department of Health and Human Services, United States Department of Labor, United States Department of Treasury; (Pollack, Michael) (Entered: 03/18/2013)

March 18, 2013

March 18, 2013

PACER
14

BRIEF in support of MOTION to dismiss for failure to state a claim 13 filed by Timothy Geithner, Kathleen Sebelius, Hilda L. Solis, United States Department of Health and Human Services, United States Department of Labor, United States Department of Treasury (Attachments: # 1 Exhibit 1 - Autocam Sixth Circuit Order, # 2 Exhibit 2 - Conestoga Third Circuit Order, # 3 Exhibit 3 - Articles of Incorporation)(Pollack, Michael) Modified text on 3/19/2013 (jem). (Entered: 03/18/2013)

1 Exhibit 1 - Autocam Sixth Circuit Order

View on PACER

2 Exhibit 2 - Conestoga Third Circuit Order

View on PACER

3 Exhibit 3 - Articles of Incorporation

View on PACER

March 18, 2013

March 18, 2013

PACER
15

ORDER setting Rule 16 scheduling conference: Rule 16 scheduling conference is set for 5/6/2013 at 11:30 AM at 699 Federal Building, Grand Rapids, MI before Judge Robert J. Jonker; status report due by 5/1/2013 ; signed by Judge Robert J. Jonker (Judge Robert J. Jonker, mil) (Entered: 03/19/2013)

March 19, 2013

March 19, 2013

PACER
16

MOTION for leave to file Amicus Brief with Brief in Support and Certificate of Service by amicus American Civil Liberties Union; (Attachments: # 1 Exhibit A - Proposed Brief)(Amiri, Brigitte) Modified text on 3/22/2013 (jem). (Entered: 03/21/2013)

1 Exhibit A - Proposed Brief

View on PACER

March 21, 2013

March 21, 2013

PACER
17

RESPONSE in opposition to MOTION to dismiss for failure to state a claim 13 filed by Infrastructure Alternatives, Inc. (Attachments: # 1 Exhibit A to Brief, # 2 Exhibit B to Brief, # 3 Exhibit C to Brief, # 4 Exhibit D to Brief, # 5 Exhibit E to Brief)(Donnell, Douglas) Modified text on 4/16/2013 (jem). (Entered: 04/15/2013)

1 Exhibit A to Brief

View on PACER

2 Exhibit B to Brief

View on PACER

3 Exhibit C to Brief

View on PACER

4 Exhibit D to Brief

View on PACER

5 Exhibit E to Brief

View on PACER

April 15, 2013

April 15, 2013

PACER
18

REPLY to response to motion 13 to dismiss filed by Timothy Geithner, Kathleen Sebelius, Hilda L. Solis, United States Department of Health and Human Services, United States Department of Labor, United States Department of Treasury (Pollack, Michael) (Entered: 04/29/2013)

April 29, 2013

April 29, 2013

PACER
19

JOINT STATUS REPORT (Donnell, Douglas) (Entered: 05/01/2013)

May 1, 2013

May 1, 2013

PACER
20

MINUTES of scheduling conference by telephone held before Judge Robert J. Jonker (Judge Robert J. Jonker, mil) (Entered: 05/06/2013)

May 6, 2013

May 6, 2013

PACER
21

NOTICE re 17 Request for Oral Argument Regarding Defendants' Motion to Dismiss by plaintiff Infrastructure Alternatives, Inc. (Donnell, Douglas) (Entered: 05/06/2013)

May 6, 2013

May 6, 2013

PACER
22

ORDER following 5/6/13 Rule 16 Conference ; signed by Judge Robert J. Jonker (Judge Robert J. Jonker, ymc) (Entered: 05/08/2013)

May 8, 2013

May 8, 2013

RECAP

Case Details

State / Territory: Michigan

Case Type(s):

Speech and Religious Freedom

Special Collection(s):

Contraception Insurance Mandate

Multi-LexSum (in sample)

Key Dates

Filing Date: Jan. 10, 2013

Closing Date: 2013

Case Ongoing: No

Plaintiffs

Plaintiff Description:

For-profit company and its owners

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

United States Department of Health and Human Servies, Federal

United States Department of Labor, Federal

United States Department of Treasury, Federal

Case Details

Causes of Action:

42 U.S.C. § 1983

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

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

Constitutional Clause(s):

Free Exercise Clause

Freedom of speech/association

Available Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Source of Relief:

None

Issues

Reproductive rights:

Contraception

Sterilization/sexual rights

General:

Religious programs / policies

Discrimination-basis:

Religion discrimination

Type of Facility:

Non-government for-profit