Case: Wenski v. Sebelius

1:12-cv-23820 | U.S. District Court for the Southern District of Florida

Filed Date: May 21, 2012

Closed Date: 2013

Clearinghouse coding complete

Case Summary

On May 21, 2012, the Catholic Archbishop of Miami, on behalf of his diocese, along with several affiliated Catholic organizations, filed a lawsuit in the Southern District of Florida against the Federal Government under the Religious Freedom Restoration Act (42 U.S.C. § 2000bb), the Administrative Procedure Act (5 U.S.C. § 706(2)), the First Amendment, and separation of powers. Plaintiffs, represented by private counsel, seek to enjoin enforcement of provisions of the Affordable Care Act (ACA) extending universal contraception coverage in employer-sponsored private health insurance coverage. Plaintiffs contended that this mandatory contraception coverage violates their sincerely held religious beliefs.

On March 4, 2013, Judge Donald L. Graham granted defendants' motion to dismiss for lack of ripeness.

Summary Authors

Wyatt Fore (4/5/2013)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4234640/parties/the-most-reverend-thomas-g-wenski-v-sebelius/


Judge(s)

Goodman, Jonathan (Florida)

Graham, Donald L. (Florida)

Attorney for Plaintiff

Burnette, Jason T. (Georgia)

Diaz, Roberto J. (Florida)

Attorney for Defendant

Bennett, Michelle Renee (District of Columbia)

Documents in the Clearinghouse

Documents in this case

1:12-cv-23820

Docket [PACER]

March 4, 2013

March 4, 2013

Docket
1

1:12-cv-23820

Complaint

Oct. 19, 2012

Oct. 19, 2012

Complaint
46

1:12-cv-23820

Order [granting defendants' motion to dismiss]

March 4, 2013

March 4, 2013

Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4234640/the-most-reverend-thomas-g-wenski-v-sebelius/

Last updated March 28, 2026, 5:42 a.m.

ECF Number Date Description Link
1 Oct. 19, 2012

COMPLAINT against Timothy Geithner, Kathleen Sebelius, Hilda L. Solis, U.S. Department of Health and Human Services, U.S. Department of Labor, U.S. Department of Treasury. Filing fee $ 350.00 receipt number 113C-5164362, filed by Catholic Hospice, Inc., Catholic Health Services, Inc., The Most Reverend Thomas Wenski. (Attachments: # 1 Civil Cover Sheet, # 2 Summon(s))(Diaz, Roberto) (Entered: 10/19/2012)

1 Civil Cover Sheet

View on PACER

2 Summon(s)

View on PACER

RECAP
2 Oct. 19, 2012

Judge Assignment to Judge Donald L. Graham (yar) (Entered: 10/19/2012)

RECAP
3 Oct. 19, 2012

Summons Issued as to Timothy Geithner, Kathleen Sebelius, Hilda L. Solis, U.S. Department of Health and Human Services, U.S. Department of Labor, U.S. Department of Treasury, U.S. Attorney and U.S. Attorney General (yar) (Entered: 10/19/2012)

RECAP
4 Oct. 19, 2012

Corporate Disclosure Statement by Catholic Health Services, Inc., Catholic Hospice, Inc., The Most Reverend Thomas G. Wenski (Diaz, Roberto) (Entered: 10/19/2012)

RECAP
5 Oct. 22, 2012

MOTION to Appear Pro Hac Vice and Request to Electronically Receive Notices of Electronic Filing for E. Kendrick Smith. Filing Fee $ 75.00. Receipt # 47361. (ksa) (Entered: 10/24/2012)

RECAP
6 Oct. 22, 2012

MOTION to Appear Pro Hac Vice and Request to Electronically Receive Notices of Electronic Filing for James R. Williams. Filing Fee $ 75.00. Receipt # 47361. (ksa) (Entered: 10/24/2012)

RECAP
7 Oct. 22, 2012

MOTION to Appear Pro Hac Vice and Request to Electronically Receive Notices of Electronic Filing for Janine Cone Metcalf. Filing Fee $ 75.00. Receipt # 47361. (ksa) (Entered: 10/24/2012)

RECAP
8 Oct. 22, 2012

MOTION to Appear Pro Hac Vice and Request to Electronically Receive Notices of Electronic Filing for Jason T. Burnette. Filing Fee $ 75.00. Receipt # 47361. (ksa) (Entered: 10/24/2012)

RECAP
9 Oct. 24, 2012

ORDER granting 5 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing. Signed by Judge Donald L. Graham on 10/24/2012. (ar2) (Entered: 10/24/2012)

RECAP
10 Oct. 24, 2012

ORDER granting 6 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing. Signed by Judge Donald L. Graham on 10/24/2012. (ar2) (Entered: 10/24/2012)

RECAP
11 Oct. 24, 2012

ORDER granting 7 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing. Signed by Judge Donald L. Graham on 10/24/2012. (ar2) (Entered: 10/24/2012)

RECAP
12 Oct. 24, 2012

ORDER granting 8 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing. Signed by Judge Donald L. Graham on 10/24/2012. (ar2) (Entered: 10/24/2012)

RECAP
13 Dec. 3, 2012

MOTION to Appear Pro Hac Vice and Request to Electronically Receive Notices of Electronic Filing for David M. Monde. Filing Fee $ 75.00. Receipt # 49332. (ksa) (Entered: 12/04/2012)

RECAP
14 Dec. 13, 2012

SUMMONS (Affidavit) Returned Executed by Catholic Health Services, Inc., The Most Reverend Thomas G. Wenski, Catholic Hospice, Inc.. Timothy Geithner served on 11/2/2012, answer due 1/1/2013. (Diaz, Roberto) (Entered: 12/13/2012)

RECAP
15 Dec. 13, 2012

SUMMONS (Affidavit) Returned Executed by Catholic Health Services, Inc., The Most Reverend Thomas G. Wenski, Catholic Hospice, Inc.. U.S. Department of Health and Human Services served on 10/26/2012, answer due 12/26/2012. (Diaz, Roberto) (Entered: 12/13/2012)

RECAP
16 Dec. 13, 2012

SUMMONS (Affidavit) Returned Executed by Catholic Health Services, Inc., The Most Reverend Thomas G. Wenski, Catholic Hospice, Inc.. Kathleen Sebelius served on 10/26/2012, answer due 12/26/2012. (Diaz, Roberto) (Entered: 12/13/2012)

RECAP
17 Dec. 13, 2012

SUMMONS (Affidavit) Returned Executed by Catholic Health Services, Inc., The Most Reverend Thomas G. Wenski, Catholic Hospice, Inc.. All Defendants. (Diaz, Roberto) (Entered: 12/13/2012)

RECAP
18 Dec. 13, 2012

SUMMONS (Affidavit) Returned Executed by Catholic Health Services, Inc., The Most Reverend Thomas G. Wenski, Catholic Hospice, Inc.. All Defendants. (Diaz, Roberto) (Entered: 12/13/2012)

RECAP
19 Dec. 13, 2012

SUMMONS (Affidavit) Returned Executed by Catholic Health Services, Inc., The Most Reverend Thomas G. Wenski, Catholic Hospice, Inc.. U.S. Department of Labor served on 11/1/2012, answer due 12/31/2012. (Diaz, Roberto) (Entered: 12/13/2012)

RECAP
20 Dec. 13, 2012

SUMMONS (Affidavit) Returned Executed by Catholic Health Services, Inc., The Most Reverend Thomas G. Wenski, Catholic Hospice, Inc.. Hilda L. Solis served on 10/31/2012, answer due 12/31/2012. (Diaz, Roberto) (Entered: 12/13/2012)

RECAP
21 Dec. 13, 2012

SUMMONS (Affidavit) Returned Executed by Catholic Health Services, Inc., The Most Reverend Thomas G. Wenski, Catholic Hospice, Inc.. U.S. Department of Treasury served on 11/2/2012, answer due 1/1/2013. (Diaz, Roberto) (Entered: 12/13/2012)

RECAP
22 Dec. 21, 2012

Motion to Dismiss/Lack of Jurisdiction

1 Exhibit Wheaton v. Sebelius

View on PACER

2 Exhibit Catholic Diocese of Biloxi v. Sebelius

View on PACER

RECAP
23 Dec. 26, 2012

Motion for Extension of Time

1 Text of Proposed Order

View on PACER

RECAP
24 Dec. 26, 2012

Order on Motion to Appear Pro Hac Vice

RECAP
25 Dec. 26, 2012

Order on Motion for Extension of Time

RECAP
26 Jan. 2, 2013

Order Setting Status Conference

RECAP
27 Jan. 7, 2013

Notice of Supplemental Authority

1 Exhibit Univ. of Notre Dame v. Sebelius

View on PACER

2 Exhibit Catholic Diocese of Peoria v. Sebelius

View on PACER

RECAP
28 Jan. 10, 2013

Notice of Supplemental Authority

1 Exhibit Colorado Christian Univ. v. Sebelius

View on PACER

RECAP
29 Jan. 16, 2013

Memorandum

1 Exhibit Declaration of Susan Waddell

View on PACER

2 Exhibit Declaration of Lisa Pinto

View on PACER

3 Exhibit Transcript of Proceedings, Nov. 15, 2012

View on PACER

RECAP
30 Jan. 23, 2013

Reply to Response to Motion

1 Exhibit 1 - Persico Decision

View on PACER

RECAP
31 Jan. 29, 2013

Notice of Supplemental Authority

RECAP
32 Feb. 1, 2013

Status Report

RECAP
33 Feb. 1, 2013

Consent to Jurisdiction by US Magistrate Judge

RECAP
34 Feb. 4, 2013

Notice of Attorney Appearance

RECAP
35 Feb. 4, 2013

Motion to Stay

1 Exhibit Ave Maria v. Sebelius Order

View on PACER

2 Text of Proposed Order

View on PACER

RECAP
36 Feb. 5, 2013

Notice of Supplemental Authority

1 Exhibit Diocese of Fort Worth v. Sebelius

View on PACER

RECAP
37 Feb. 6, 2013

Status Conference

RECAP
38 Feb. 8, 2013

Response in Opposition to Motion

1 Exhibit Archdiocese of NY v. Sebelius-Docket Order

View on PACER

2 Exhibit Diocese of Fort Worth v. Sebelius

View on PACER

3 Exhibit Archdiocese of NY v. Sebelius

View on PACER

RECAP
39 Feb. 8, 2013

Notice of Supplemental Authority

1 Exhibit Conlon v. Sebelius

View on PACER

RECAP
40 Feb. 11, 2013

Notice of Unavailability

RECAP
41 Feb. 15, 2013

Reply to Response to Motion

RECAP
42 Feb. 20, 2013

Scheduling Order

RECAP
43 Feb. 20, 2013

Order Referring Case to Mediation

RECAP
44 Feb. 20, 2013

Order Referring Case to Magistrate Judge

RECAP
45 Feb. 20, 2013

Order Referring Case to Magistrate Judge

RECAP
46 March 4, 2013

Order on Motion to Dismiss/Lack of Jurisdiction

RECAP

Case Details

State / Territory:

Florida

Case Type(s):

Speech and Religious Freedom

Special Collection(s):

Contraception Insurance Mandate

Multi-LexSum (in sample)

Key Dates

Filing Date: May 21, 2012

Closing Date: 2013

Case Ongoing: No

Plaintiffs

Plaintiff Description:

The Catholic Archbishop of Miami, and affiliated Catholic organizations.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Federal

United States Department of Health and Human Services

United States Department of Labor

United States Department of Treasury

Defendant Type(s):

Hospital/Health Department

Case Details

Causes of Action:

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

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

Constitutional Clause(s):

Establishment Clause

Freedom of speech/association

Free Exercise Clause

Other Dockets:

Southern District of Florida 1:12-cv-23820

Available Documents:

Any published opinion

Complaint (any)

Trial Court Docket

Outcome

Prevailing Party: Defendant

Relief Granted:

None

Source of Relief:

None

Issues

General/Misc.:

Religious programs / policies

Discrimination Basis:

Religion discrimination

Reproductive rights:

Contraception

Recommended Citation