Case: C.W. Zumbeil v. Sebelius

1:13-cv-01611 | U.S. District Court for the District of Columbia

Filed Date: Oct. 22, 2013

Closed Date: March 17, 2015

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Case Summary

This is one of many lawsuits brought challenging the Obama administration's 2012 Health and Human Services (HHS) mandate requiring employers to pay for employees' contraception and abortifacients via medical insurance coverage. Many religious hospitals, charities, universities, and other enterprises owned or controlled by religious organizations or individuals who opposed contraception on doctrinal grounds, argued the mandate violated their religious beliefs. For a full list of these cases plea…

On October 22, 2013, a for-profit company filed a lawsuit in the United States District Court for the District of D.C. under the Religious Freedom Restoration Act, the First Amendment, and the Administrative Procedure Act against the U.S. Department of Health and Human Services. The plaintiff, represented in part by the public interest firm American Center for Law and Justice, asked the court for an exception to the Affordable Care Act (ACA) mandate requiring employers to provide health insurance coverage of contraception. Specifically, the plaintiff claimed that providing insurance coverage of contraception would violate the deeply held religious beliefs of the corporation's owners.

On November 27, 2013, United States District Court (Judge Reggie B. Walton) granted the plaintiff's unopposed motion for preliminary injunction and stayed the case. The Court ordered the defendant not to enforce the ACA insurance mandate regarding contraception against the plaintiff until 30 days after the United States Court of Appeals for the D.C. Circuit ruled in Gilardi v. U.S. Department of Health and Human Services , which involved similar legal issues and the same defendant as this case.

On November 1, 2013, the U.S. Court of Appeals for the D.C. Circuit ruled in Gilardi that the ACA's contraception insurance mandate likely violated the free exercise clause of the Constitution. It therefore reversed the District Court's denial of a preliminary injunction against the defendant in that case. On November 6, 2013, a petition for certiorari was filed in the Gilardi case. The Supreme Court docketed the case on January 30, 2014.

On June 30, 2014, the Supreme Court released its decision in Burwell v. Hobby Lobby Stores Inc., 134 S. Ct.2751 (2014), a case with substantially similar facts. There, the Court held that the Religious Freedom Restoration Act (RFRA) permits for-profit corporations that are closely held (e.g., owned by a family or family trust) to refuse, on religious grounds, to pay for legally mandated coverage of certain contraceptive drugs and devices in their employees’ health insurance plans.

In light of the Hobby Lobby decision, on October 24, 2014, the parties submitted a joint motion to the District Court. They agreed that judgment should be entered in favor of plaintiff on their Religious Freedom Restoration Act claim, that a permanent injunction should be entered, and that all other claims against the defendant should be dismissed. They also agreed that the issue of plaintiff's attorneys’ fees and costs would be resolved after the judgement was entered.

The court adopted the parties' proposed permanent injunction on November 3, 2014. The defendant was enjoined from enforcing the “Contraceptive Coverage Requirement,” that required the plaintiff to provide its employees with health coverage for contraceptive methods, sterilization procedures, and related patient education and counseling to which the plaintiff objected on religious grounds. It also barred defendant from taking any actions against plaintiff for noncompliance with the "Contraception Coverage Requirement." The only issue left open was attorneys' fees.

The parties reached an undisclosed agreement regarding attorneys' fees on March 17, 2015, and asked the court to close the case. The case is now closed.

	Document
1:13-cv-01611	Docket CW Zumbiel v. United States Department of Health and Human Services	March 17, 2015	March 17, 2015 Docket
1 1:13-cv-01611	Complaint for Declaratory and Injunctive Relief Zumbiel v. United States Department of Health and Human Services	Oct. 22, 2013	Oct. 22, 2013 Complaint
15 1:13-cv-01611	Plaintiffs' Unopposed Motion for Preliminary injunction and Stay of Proceedings Zumbiel v. United States Department of Health and Humans Services	Nov. 25, 2013	Nov. 25, 2013 Pleading / Motion / Brief
19 1:13-cv-01611	Permanent Injunction and Judgment	Nov. 3, 2014	Nov. 3, 2014 Order/Opinion

ECF Number	Description	Date	Link Date / Link
1	COMPLAINT against All Defendants ( Filing fee $ 400 receipt number 0090-3508275) filed by Thomas J Zumbiel, Robert W. Zumbiel, C.W. Zumbiel Co. d/b/a Zumbiel Packaging. (Attachments: # 1 Civil Cover Sheet Civil Cover Sheet, # 2 Summons HHS Summons, # 3 Summons Sebelius Summons, # 4 Summons Treasury Summons, # 5 Summons Lew Summons, # 6 Summons Labor Summons, # 7 Summons Perez Summons, # 8 Summons Holder Summons, # 9 Summons Civil-Process Clerk Summons, # 10 Supplement Corporate Disclosure Statement)(May, Colby) (Entered: 10/22/2013) 1 Civil Cover Sheet Civil Cover Sheet View on PACER 2 Summons HHS Summons View on PACER 3 Summons Sebelius Summons View on PACER 4 Summons Treasury Summons View on PACER 5 Summons Lew Summons View on PACER 6 Summons Labor Summons View on PACER 7 Summons Perez Summons View on PACER 8 Summons Holder Summons View on PACER 9 Summons Civil-Process Clerk Summons View on PACER 10 Supplement Corporate Disclosure Statement View on PACER	Oct. 22, 2013	Oct. 22, 2013 RECAP
2	MOTION for Leave to Appear Pro Hac Vice :Attorney Name- John B. Nalbandian, :Firm- Taft Stettinius & Hollister LLP, :Address- 425 Walnut Street, Suite 1800 Cincinnati, Ohio 45202. Phone No. - 513-381-2838. Fax No. - 813-381-0205 by C.W. Zumbiel Co. d/b/a Zumbiel Packaging, Robert W. Zumbiel, Thomas J Zumbiel (Attachments: # 1 Text of Proposed Order Nalbandian Proposed Order)(May, Colby) (Entered: 10/22/2013)	Oct. 22, 2013	Oct. 22, 2013 PACER
3	MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Mark T. Hayden, :Firm- Taft Stettinius & Hollister LLP, :Address- 425 Walnut Street, Suite 1800, Cincinnati, Ohio 45202. Phone No. - 513-381-2838. Fax No. - 513-381-0205 by C.W. Zumbiel Co. d/b/a Zumbiel Packaging, Robert W. Zumbiel, Thomas J Zumbiel (Attachments: # 1 Text of Proposed Order Hayden PHV Proposed Order)(May, Colby) (Entered: 10/22/2013)	Oct. 22, 2013	Oct. 22, 2013 PACER
4	MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Matthew D. Lawless, :Firm- Taft Stettinius & Hollister LLP, :Address- 425 Walnut Street, Suite 1800, Cincinnati, Ohio 45202. Phone No. - 513-381-2838. Fax No. - 513-381-0205 by C.W. Zumbiel Co. d/b/a Zumbiel Packaging, Robert W. Zumbiel, Thomas J Zumbiel (Attachments: # 1 Text of Proposed Order Lawless PHV Proposed Order)(May, Colby) (Entered: 10/22/2013)	Oct. 22, 2013	Oct. 22, 2013 PACER
5	LCvR 7.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by C.W. Zumbiel Co. d/b/a Zumbiel Packaging, Robert W. Zumbiel, Thomas J Zumbiel (md, ) (Entered: 10/22/2013)	Oct. 22, 2013	Oct. 22, 2013 PACER
	Case Assigned to Judge Reggie B. Walton. (md, )	Oct. 22, 2013	Oct. 22, 2013 PACER
6	ELECTRONIC SUMMONS ISSUED (8) as to JACOB J. LEW, THOMAS E. PEREZ, KATHLEEN SEBELIUS, U.S. DEPARTMENT OF LABOR, U.S. DEPARTMENT OF TREASURY, UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Summons 2nd, # 2 Summons 3rd, # 3 Summons 4th, # 4 Summons 5th, # 5 Summons 6th, # 6 Summons 7th, # 7 Summons 8th, # 8 Notice of Consent, # 9 Consent Form)(md, ) (Entered: 10/22/2013)	Oct. 22, 2013	Oct. 22, 2013 PACER
	MINUTE ORDER granting 2 Motion for Leave to Appear Pro Hac Vice; granting 3 Motion for Leave to Appear Pro Hac Vice; granting 4 Motion for Leave to Appear Pro Hac Vice. Upon consideration of the motions for pro hac vice admission of Mark T. Hayden, Matthew D. Lawless, and John B. Nalbandian and finding compliance with Local Civil Rules 83.2(c) and (d), it is hereby ORDERED that the motions are GRANTED, and Mark T. Hayden, Esq., Matthew D. Lawless, Esq., and John B. Nalbandian, Esq. shall be admitted pro hac vice in this case. Signed by Judge Reggie B. Walton on October 23, 2013. (lcrbw1, )	Oct. 23, 2013	Oct. 23, 2013 PACER
7	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. THOMAS E. PEREZ served on 10/28/2013 (Attachments: # 1 Exhibit A - returned certified mail green card)(Hayden, Mark) (Entered: 11/07/2013)	Nov. 7, 2013	Nov. 7, 2013 PACER
8	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. KATHLEEN SEBELIUS served on 10/28/2013 (Attachments: # 1 Exhibit A - returned certified mail green card)(Hayden, Mark) (Entered: 11/07/2013)	Nov. 7, 2013	Nov. 7, 2013 PACER
9	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES served on 10/28/2013 (Attachments: # 1 Exhibit A - returned certified mail green card)(Hayden, Mark) (Entered: 11/07/2013)	Nov. 7, 2013	Nov. 7, 2013 PACER
10	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 10/30/2013. (Attachments: # 1 Exhibit A - returned certified green card)(Hayden, Mark) (Entered: 11/07/2013)	Nov. 7, 2013	Nov. 7, 2013 PACER
11	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 10/30/2013. Answer due for ALL FEDERAL DEFENDANTS by 12/29/2013. (Attachments: # 1 Exhibit A - returned certified mail green card)(Hayden, Mark) (Entered: 11/07/2013)	Nov. 7, 2013	Nov. 7, 2013 PACER
12	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. DEPARTMENT OF LABOR served on 10/31/2013 (Attachments: # 1 Exhibit A - returned certified mail green card)(Hayden, Mark) (Entered: 11/07/2013)	Nov. 7, 2013	Nov. 7, 2013 PACER
13	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. DEPARTMENT OF TREASURY served on 10/31/2013 (Attachments: # 1 Exhibit A - returned certified mail green card)(Hayden, Mark) (Entered: 11/07/2013)	Nov. 7, 2013	Nov. 7, 2013 PACER
14	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. JACOB J. LEW served on 10/31/2013 (Attachments: # 1 Exhibit A - returned certified mail green card)(Hayden, Mark) (Entered: 11/07/2013)	Nov. 7, 2013	Nov. 7, 2013 PACER
15	Unopposed MOTION for Preliminary Injunction and, Unopposed MOTION to Stay Proceedings by C.W. ZUMBIEL CO., ROBERT W. ZUMBIEL, THOMAS J. ZUMBIEL (Attachments: # 1 Text of Proposed Order)(Hayden, Mark) (Entered: 11/25/2013) 1 Text of Proposed Order View on PACER	Nov. 25, 2013	Nov. 25, 2013 RECAP
16	NOTICE of Appearance by Michelle Renee Bennett on behalf of All Defendants (Bennett, Michelle) (Entered: 11/26/2013)	Nov. 26, 2013	Nov. 26, 2013 PACER
	MINUTE ORDER granting 15 Motion for Preliminary Injunction; granting 15 Motion to Stay. Upon consideration of the Plaintiffs' Unopposed Motion for Preliminary Injunction and Stay of Proceedings, in light of the parties' consent, and for good cause shown, it is ORDERED that the motion is GRANTED. It is further ORDERED that the defendants, their employees, agents, and successors in office are ENJOINED until thirty days after the mandate issues from the United States Court of Appeals for the District of Columbia Circuit in Gilardi v. HHS, No. 13-5069 (D.C. Cir.), from pursuing any enforcement action or imposing any penalties provided for in 26 U.S.C. §§ 4980D, 4980H and 29 U.S.C. §§ 1132, 1185d against or on the plaintiffs, their employee health plans, the group health insurance coverage provided in connection with such plans, and/or their insurers as a result of the plaintiffs' failure to provide their employees with insurance coverage for "[a]ll Food and Drug Administration approved contraceptive methods, sterilization procedures, and patient education and counseling for all women with reproductive capacity," 77 Fed. Reg. 8725 (Feb. 12, 2012). It is further ORDERED that all proceedings in this case are STAYED until thirty days after the mandate issues from the Circuit in Gilardi v. HHS, No. 13-5069 (D.C. Cir.). Signed by Judge Reggie B. Walton on 11/27/2013. (lcrbw2)	Nov. 27, 2013	Nov. 27, 2013 PACER
	Case Stayed (mpt, )	Nov. 27, 2013	Nov. 27, 2013 PACER
17	Joint MOTION to Continue Stay and Preliminary Injunction by JACOB J. LEW, THOMAS E. PEREZ, KATHLEEN SEBELIUS, U.S. DEPARTMENT OF LABOR, U.S. DEPARTMENT OF TREASURY, UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES (Bennett, Michelle) (Entered: 09/05/2014)	Sept. 5, 2014	Sept. 5, 2014 PACER
18	Joint MOTION for Permanent Injunction and Judgment by C.W. ZUMBIEL CO. (Attachments: # 1 Proposed Injunction and Judgment)(Hayden, Mark) (Entered: 10/20/2014) 1 Proposed Injunction and Judgment View on PACER	Oct. 20, 2014	Oct. 20, 2014 PACER
19	ORDER denying as moot 17 Motion to Continue; granting 18 Motion for Permanent Injunction. Per the attached order, the parties' Joint Motion for Entry of Permanent Injunction and Judgment is GRANTED. It is further ORDERED that the parties' Joint Motion to Continue Stay and Preliminary Injunction is DENIED AS MOOT. It is further ORDERED that the parties shall appear for a status conference at a time and date to be determined by the Clerk. See attached image for details. Signed by Judge Reggie B. Walton on November 3, 2014. (lcrbw1) (Entered: 11/03/2014)	Nov. 3, 2014	Nov. 3, 2014 PACER
	Set/Reset Hearings: Status Conference set for 12/17/2014 10:15 AM in Courtroom 16 before Judge Reggie B. Walton. (mpt, )	Nov. 3, 2014	Nov. 3, 2014 PACER
20	MOTION for Leave to Appear Pro Hac Vice :Attorney Name- James M. Dickerson, Jr., :Firm- Taft Stettinius & Hollister LLP, :Address- 425 Walnut Street, Suite 1800, Cincinnati, Ohio 45202. Phone No. - (513) 381-2838. Fax No. - (513) 381-0205 Filing fee $ 100, receipt number 0090-3927935. Fee Status: Fee Paid. by C.W. ZUMBIEL CO., ROBERT W. ZUMBIEL, THOMAS J. ZUMBIEL (May, Colby) (Entered: 12/08/2014)	Dec. 8, 2014	Dec. 8, 2014 PACER
21	Joint MOTION for Extension of Time to File Motion for Attorneys Fees and Costs and Motion to Reschedule Dec. 17 Status Conference by JACOB J. LEW, THOMAS E. PEREZ, KATHLEEN SEBELIUS, U.S. DEPARTMENT OF LABOR, U.S. DEPARTMENT OF TREASURY, UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES (Bennett, Michelle) (Entered: 12/08/2014)	Dec. 8, 2014	Dec. 8, 2014 PACER
	MINUTE ORDER granting 20 Motion for Leave to Appear Pro Hac Vice. Having considered the plaintiffs' Motion for Admission Pro Hac Vice, and it appearing to the Court that the attorney referenced therein meets the requirements for pro hac vice admission under this Court's rules, it is hereby ORDERED that the motion is GRANTED. It is further ORDERED that James M. Dickerson Jr., of the law firm Taft Stettinius & Hollister LLP, 425 Walnut Street, Suite 1800, Cincinnati, Ohio 45202, is ADMITTED to practice before the Court pro hac vice. Signed by Judge Reggie B. Walton on December 8, 2014. (lcrbw1)	Dec. 8, 2014	Dec. 8, 2014 PACER
	MINUTE ORDER granting 21 Motion for Extension of Time. In light of the parties' consent, and for good cause shown, it is hereby ORDERED that the Joint Motion to continue the status conference in this matter scheduled for December 17, 2014, at 10:15 a.m., and extend the deadline for the plaintiffs to file a motion for attorneys' fees and costs is GRANTED. The status conference is CONTINUED to a time and date to be determined by the Clerk, and the time permitted for the plaintiffs to file a motion for attorneys' fees and costs is extended until thirty days after the date of that status conference. Signed by Judge Reggie B. Walton on December 9, 2014. (lcrbw1)	Dec. 9, 2014	Dec. 9, 2014 PACER
	Set/Reset Hearings: Status Conference reset for 1/22/2015 09:00 AM in Courtroom 16 before Judge Reggie B. Walton. (mpt, )	Dec. 10, 2014	Dec. 10, 2014 PACER
22	Joint MOTION for Extension of Time to File Motion for Attorneys Fees and Costs and Motion to Reschedule Jan. 22 Status Conference by JACOB J. LEW, THOMAS E. PEREZ, KATHLEEN SEBELIUS, U.S. DEPARTMENT OF LABOR, U.S. DEPARTMENT OF TREASURY, UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES (Bennett, Michelle) (Entered: 01/12/2015)	Jan. 12, 2015	Jan. 12, 2015 PACER
	MINUTE ORDER granting 22 Motion for Extension of Time. In light of the parties' consent, and for good cause shown, it is hereby ORDERED that the Joint Motion to continue the status conference in this matter scheduled for January 22, 2015, at 9:00 a.m., and extend the deadline for the plaintiffs to file a motion for attorneys' fees and costs is GRANTED. The status conference is CONTINUED to a time and date to be determined by the Clerk, and the time permitted for the plaintiffs to file a motion for attorneys' fees and costs is extended until thirty days after the date of that status conference. Signed by Judge Reggie B. Walton on January 13, 2015. (lcrbw1)	Jan. 13, 2015	Jan. 13, 2015 PACER
	Set/Reset Hearings: Status Conference reset for 2/25/2015 09:00 AM in Courtroom 16 before Judge Reggie B. Walton. (mpt, )	Jan. 14, 2015	Jan. 14, 2015 PACER
23	Joint MOTION for Extension of Time to File Motion for Attorneys Fees and Costs and Motion to Reschedule Feb. 25 Status Conference by JACOB J. LEW, THOMAS E. PEREZ, KATHLEEN SEBELIUS, U.S. DEPARTMENT OF LABOR, U.S. DEPARTMENT OF TREASURY, UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES (Bennett, Michelle) (Entered: 02/20/2015)	Feb. 20, 2015	Feb. 20, 2015 PACER
	MINUTE ORDER granting 23 Motion for Extension of Time. In light of the parties' consent, and for good cause shown, it is hereby ORDERED that the Joint Motion to continue the status conference in this matter scheduled for February 25, 2015, at 9:00 a.m., and extend the deadline for the plaintiffs to file a motion for attorneys' fees and costs is GRANTED. The status conference is CONTINUED to a time and date to be determined by the Clerk, and the time permitted for the plaintiffs to file a motion for attorneys' fees and costs is extended until thirty days after the date of that status conference. Signed by Judge Reggie B. Walton on February 23, 2015. (lcrbw1)	Feb. 23, 2015	Feb. 23, 2015 PACER
	Set/Reset Hearings: Status Conference reset for 4/7/2015 09:15 AM in Courtroom 16 before Judge Reggie B. Walton. (mpt, )	Feb. 24, 2015	Feb. 24, 2015 PACER
24	Joint MOTION to Vacate April 7, 2015 Status Conference by JACOB J. LEW, THOMAS E. PEREZ, KATHLEEN SEBELIUS, U.S. DEPARTMENT OF LABOR, U.S. DEPARTMENT OF TREASURY, UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES (Bennett, Michelle) (Entered: 03/17/2015)	March 17, 2015	March 17, 2015 PACER
	MINUTE ORDER granting 24 Motion to Vacate. In light of the representations set forth in the parties' Joint Motion to Vacate Status Conference 24, it is hereby ORDERED that the motion is GRANTED, and the status conference scheduled for April 7, 2015, is VACATED. It is further ORDERED that this case is CLOSED. Signed by Judge Reggie B. Walton on March 17, 2015. (lcrbw1)	March 17, 2015	March 17, 2015 PACER

Case: C.W. Zumbeil v. Sebelius

1:13-cv-01611 | U.S. District Court for the District of Columbia

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