Case: Roman Catholic Archdiocese of Atlanta v. Sebelius

1:12-cv-03489 | U.S. District Court for the Northern District of Georgia

Filed Date: Oct. 5, 2012

Closed Date: 2017

Clearinghouse coding complete

Case Summary

On October 5, 2012, the Catholic Archdiocese of Atlanta, the Catholic Diocese of Savannah, and affiliated Catholic organizations filed this U.S. District Court lawsuit in the Northern District of Georgia against the Federal Government under the Religious Freedom Restoration Act (RFRA), the Administrative Procedure Act (APA), the First and Fifth Amendments, and as a violation of the Constitution's Separation of Powers provisions. Plaintiffs, represented by private counsel, seek to enjoin enforc…

On October 5, 2012, the Catholic Archdiocese of Atlanta, the Catholic Diocese of Savannah, and affiliated Catholic organizations filed this U.S. District Court lawsuit in the Northern District of Georgia against the Federal Government under the Religious Freedom Restoration Act (RFRA), the Administrative Procedure Act (APA), the First and Fifth Amendments, and as a violation of the Constitution's Separation of Powers provisions. 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 contend that this mandatory contraception coverage violates their sincerely held religious beliefs.

Plaintiffs amended their complaint a first time on December 31, 2012, and a second time on August 19, 2013 to challenge the ACA as amended by the 2013 Final Rules. They argued that while the Diocese itself likely fell within the "religious employer" exception, the affiliated Catholic entities did not and, instead, were considered "eligible organizations" qualifying for an accommodation. The accommodation would require plaintiffs to provide self-certification to their insurance provider setting forth their religious objections to the ACA, in turn trigging an obligation on the part of the insurance provider to procure the services plaintiffs find objectionable. According to the plaintiffs, this series of events makes them the but-for cause of providing contraception coverage in violation of their sincerely held beliefs. Plaintiffs continued to ask the court to grant a permanent injunction against enforcement of the relevant provisions of the ACA.

On March 26, 2014, the District Court (Judge William S. Duffey, Jr.) permanently enjoined the government from enforcing the contraceptive mandate against plaintiffs. 2014 WL 1256373. The court noted that the contraception mandate, including the self-certification form, placed a substantial burden on plaintiffs by compelling them to affirmatively modify their behavior and violate their religious beliefs. The court also held that the general applicability of the law was not a compelling state interest nor was the conception mandate the least restrictive means of furthering that interest. On May 23, 2014, the government appealed this case to the Eleventh Circuit.

On May 30, 2014, Judge Duffey issued an opinion and order in response to the government's motion for Reconsideration on the Dioceses' RFRA and free exercise claims. 2014 WL 2441742. The government had also asked the court to reconsider whether or not the affiliated entities maintained a "church plan" under ERISA. If they did, they would be exempt from the self-certification requirement, and not have standing to challenge the mandate. Judge Duffey held that the Dioceses' RFRA and free exercise claims should be dismissed, and clarified that the affiliated organizations did not need to establish that they were church plans, because the self-certification requirement was a substantial burden on their religious exercise.

This case was consolidated on appeal with Eternal Word Television Network v. Sebelius. On February 18, 2016, the Eleventh Circuit (Judge Jill Pryor) held that the contraception mandate does not violate the RFRA because it is the least restrictive means of achieving a compelling government interest, but enjoined enforcement of the mandate against the plaintiffs because the issue of whether the accommodation violates the RFRA was currently before the Supreme Court. 818 F.3d 1122.

On May 31, 2016, following the Supreme Court's decision in Zubik v. Sebelius [II] that religious nonprofits and the government should return the related cases to the courts of appeals and attempt to negotiate a solution, the Eleventh Circuit vacated their February 19, 2016 order in this case, and directed the parties to submit supplemental briefing.

On July 29, 2016 the parties jointly moved for a stay in the proceedings that was granted on August 10, 2016. The parties were ordered to file status reports sixty days after the given order.

Also on August 10, 2016, the defendants moved for an order materially identical to the remand orders the Supreme Court issued in Zubik . The defendants moved for this motion because they wanted to modify the existing injunction against them and have the ability to tell insurance issuers and third party administrators of their requirement to make separate payments for contraceptives given the plaintiffs met the requirements under the accommodation. This would ensure the affected women that would be under the plaintiffs insurance receive coverage while the litigation continued. The plaintiffs opposed the motion.

On October 3, 2016, the court granted the defendant's motion for materially identical orders. The new injunction stated:

“As such, we modify the injunction entered on May 31, 2016 to add that: Nothing in this opinion, [in this Court's prior opinion or orders], or in the opinions or orders of the courts below, is to affect the ability of the Government to ensure that women covered by the [plaintiffs'] health plans "obtain, without cost, the full range of FDA approved contraceptives." Through this litigation, [plaintiffs] have made the Government aware of their view that they meet "the requirements for exemption from the contraceptive coverage requirement on religious grounds. Nothing in this opinion, [in this Court's prior opinions or orders], or in the opinions or orders of the courts below, "precludes the Government from relying on this notice, to the extent it considers it necessary, to facilitate the provision of frill contraceptive coverage" going forward. Because the Government may rely on this notice, the Government may not impose taxes or penalties on [plaintiffs] for failure to provide the relevant notice.”

Both parties filed status reports on October 11, 2016, stating the defendants were sorting through the 52,000 comments received during the governments’ Request for Information (RFI) and required additional time to determine if modifications were necessary to accommodate the Religious Freedom Restoration Act claim still pending.

The parties then continued to file monthly status reports with no changes to the case until October 16, 2017. However, during this time President Trump issued an executive order in May of 2017, called the "Executive Order Promoting Free Speech and Religious Liberty". As a result, on October 6, 2017, the US Department of Health and Human Services released a statement explaining the changes in policy related to President Trump's executive order requiring HHS to consider amending the accommodation requirements under the ACA for the contraception mandate. The new policy would expand the exception to fit entities that had sincerely held religious beliefs opposed to providing contraception.

Here is an article from HHS describing the change.

On October 16, 2017, the parties jointly moved to dismiss the case, with each party bearing its own costs.

On November 7, 2017, the court dismissed the appeal.

This case is now presumed closed.

Summary Authors

Wyatt Fore (4/5/2013)

Richard Jolly (5/5/2014)

Kate Craddock (10/9/2016)

Taylor Brook (3/12/2018)

Related Cases

Eternal World Television Network v. Sebelius, Southern District of Alabama (2013)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/5164124/parties/the-roman-catholic-archdiocese-of-atlanta-v-sebelius/


Judge(s)
Attorney for Plaintiff
Attorney for Defendant

Abdo, Alex (Georgia)

Abdo, Alexander Abraham (Georgia)

Amanat, Farzin Franklin (Georgia)

Amezquita, Hope Renee (Georgia)

Amiri, Brigitte (Georgia)

Expert/Monitor/Master/Other
Attorney for Defendant

Abdo, Alex (Georgia)

Abdo, Alexander Abraham (Georgia)

Amanat, Farzin Franklin (Georgia)

Amezquita, Hope Renee (Georgia)

Amiri, Brigitte (Georgia)

Arterburn, Jennifer (Georgia)

AUSA, Jacek Pruski (Georgia)

AUSA, Joel McElvain (Georgia)

AUSA, AUSA (Georgia)

AUSA, Benjamin L (Georgia)

AUSA, Julie Saltman (Georgia)

Bagley, Nicholas J. (Georgia)

Balin, Robert D. (Georgia)

Bamberger, Michael A. (Georgia)

Bannon, Alicia Lorraine (Georgia)

Barbero, Megan (District of Columbia)

Barefield, Karen M. (Georgia)

Bartelt, Leah A (Georgia)

Batsides, Demetrios Christos (Georgia)

Bayard, Samuel (Georgia)

Beckenhauer, Eric B. (Georgia)

Bennett, Michelle Renee (District of Columbia)

Bentley, Elizabeth G. (Georgia)

Berwick, Benjamin (Georgia)

Beydoun, Ali Abed (Georgia)

Bhandari, Esha (Georgia)

Bildtsen, Ann M (Georgia)

Bloch-Wehba, Hannah (Georgia)

Block, Joshua Abraham (Georgia)

Botts, Benjamin Richard (Georgia)

Bowie, Courtney A (Georgia)

Brandon, Susan S. (Georgia)

Bressler, Steven Y. (Georgia)

Brick, Ann (Georgia)

Bricker, Matthew J. (Georgia)

Browning, John (Georgia)

Buck, Lynne Haddad (Georgia)

Buckingham, Stephen J. (Georgia)

Butler, Paul Timothy (Georgia)

Byars, Michael J. (Georgia)

Caballero, Miguel G (Georgia)

Cagle, Matthew Thomas (Georgia)

Castelli, Thomas H. (Georgia)

Castro, Ismael A (Georgia)

Chaifetz, Samantha L. (Georgia)

Chaiten, Lorie A. (Georgia)

Chiang, Emily (Georgia)

Chicago, AUSA - (Georgia)

Ching, Jennifer (Georgia)

Choudhury, Nusrat Jahan (Georgia)

Clark, Andrew Edward (Georgia)

Clark, Melanca Durham (Georgia)

Cohen, Bradley H (Georgia)

Cohn, Joseph S. (Georgia)

Cohn, Cindy Ann (Georgia)

Colangelo-Bryan, Joshua Nicholas (Georgia)

Coll-Very, Alexis Susan (Georgia)

Condon, Jennifer Brooke (Georgia)

Connolly, Christopher Kendrick (Georgia)

Cook, Jennifer J. (Georgia)

Crane-Hirsch, Daniel Kadane (Georgia)

Crow, Melissa (Georgia)

Crump, Catherine Newby (Georgia)

Dalven, Jennifer (Georgia)

Damle, Sarang V. (Georgia)

Darling, Rose (Georgia)

Davis, Ethan (Georgia)

DeKrey, Dane (Georgia)

Delery, Stuart F. (District of Columbia)

Diakun, Anna Natalia (Georgia)

Diaz, Oliver E. (Georgia)

DOJ, Michelle Bennett (Georgia)

Donohue, Laura (Georgia)

Doty, Grant R. (Georgia)

Dunn, Christopher T (Georgia)

Eisenberg, Arthur Nelson (Georgia)

Ekman, Michael D. (Georgia)

Esq., Nathan P. (Georgia)

Esq., Niamh E. (Georgia)

Farber, Molissa Heather (Georgia)

Felix, Wesley D. (Georgia)

Franks, Roger M (Georgia)

Freeman, Mark R. (Georgia)

Gallagher, Erin Healy (Georgia)

Galler, Jonathan (Georgia)

Gass, J J (Georgia)

Gershengorn, Ian (Georgia)

Gill, Elizabeth O. (Georgia)

Goddard, Darcy M. (Georgia)

Goodman, Rachel (Georgia)

Goodman, Melissa (Georgia)

Gorski, Ashley Marie (Georgia)

Gov, Michelle Renee (Georgia)

Gov, Adam Grogg-Federal (Georgia)

Griffiths, John (Georgia)

Grogg, Adam Anderson (Georgia)

Gunder, Jessica R. (Georgia)

Haddad, Richard Inad (Georgia)

Hafetz, Jonathan L. (Georgia)

Hafif, Greg K (Georgia)

Hall, Christopher R. (Georgia)

Hall, Rahsaan D. (Georgia)

Hambrick, Jonathan Holland (Georgia)

Handeyside, Hugh (Georgia)

Haroules, Beth (Georgia)

Hauss, Brian Matthew (Georgia)

Hayashi, John D (Georgia)

Heald, Julia E. (Georgia)

Hearn, Marcellene Elizabeth (Georgia)

Henderson, Brady R (Georgia)

Herje, Leslie K. (Georgia)

Hikida, Katherine M (Georgia)

Hinger, Sarah (Georgia)

Hirose, Mariko (Georgia)

Hoff, David H (Georgia)

Hofmann, Marcia Clare (Georgia)

Horn, Stephen M. (Georgia)

Horvath, Jennifer (Georgia)

Hu, Daniel David (Georgia)

Huang, Lawrence (Georgia)

Huerta, Alvaro M. (Georgia)

Hull, Joanna Berney (Georgia)

Humphreys, Bradley Philip (Georgia)

Hwang, Rex (Georgia)

Jaffer, Jameel (Georgia)

Jed, Adam C. (District of Columbia)

Johns, Michelle C. (Georgia)

Johnson, Bruce (Georgia)

Kade, Elizabeth L. (Georgia)

Kaplan, Jay (Georgia)

Karp, Meredith D. (Georgia)

Kaufman, Brett Max (Georgia)

Keaney, Melissa S. (Georgia)

Kell, Gerald Cooper (Georgia)

Kennedy, Thomas E. (Georgia)

Kennedy, Brian G (Georgia)

Kingsley, Benjamin S. (Georgia)

Klaus, Fenja (Georgia)

Klein, Alisa B. (District of Columbia)

Kolbi-Molinas, Alexa Rebecca (Georgia)

Korobkin, Daniel (Georgia)

Ladin, Dror (Georgia)

Lake, Joseph Michael (Georgia)

Lambert, Marissa Paige (Georgia)

Lapidus, Lenora M. (Georgia)

Lawrence, Victor M (Georgia)

Layton, Elisabeth (Georgia)

Leary, Peter D. (Georgia)

Lee, Jennifer (Georgia)

Lefkowitz, Jared M. (Georgia)

LeMar, Harold William (Georgia)

Leonardo-Beckmann, Diane C. (Georgia)

Lewis, Megan Elizabeth (Georgia)

Lieber, Sheila M. (Georgia)

Lin, Jean (Georgia)

Lindgren, Erin (Georgia)

Llanso, Emma J. (Georgia)

Loeb, Robert M. (Georgia)

London, Ronald Gary (Georgia)

Lowe, Marina B. (Georgia)

Loy, John David (Georgia)

Lustberg, Lawrence S. (Georgia)

Lye, Linda (Georgia)

LyJordan, Anh-Nguyet Tran (Georgia)

Mach, Daniel Irwin (Georgia)

Maher, Brendan A. (Georgia)

Mahoney, Kathleen Anne (Georgia)

Mallory, Monica V (Georgia)

Manes, Jonathan Matthew (Georgia)

Mann, Linton Mann (Georgia)

Mantoan, Kathryn Grzenczyk (Georgia)

Marshall, Randall C. (Georgia)

Mass, Julia Harumi (Georgia)

Mathews, Patrick Casey (Georgia)

Mathews, Bradley R (Georgia)

Maynor-Faulcon, Mercedes C. (Georgia)

McConkey, Robert C (Georgia)

McCracken, John Matthew (Georgia)

McElvain, Joel (Georgia)

McGuire, David J. (Georgia)

Mehta, Leslie Chambers (Georgia)

Mejia, John M. (Georgia)

Melling, Louise F. (Georgia)

Merriweather-Tucker, Brooke A. (Georgia)

Migdal, Ariela M. (Georgia)

Moore, Christina Bahr (Georgia)

Moore, Tamra (Georgia)

Morris, John B. (Georgia)

Morrison, Mark E. (Georgia)

Moskowitz, David (Georgia)

Muniz, Richard (Georgia)

Munoz, Ana Isabel (Georgia)

Myers, Erika (Georgia)

Navarro, Heather B. (Georgia)

Neel, Sara R. (Georgia)

Nelson, James T. (Georgia)

Nemeroff, Patrick George (District of Columbia)

Newell, Jennifer Chang (Georgia)

Newman, Christie V (Georgia)

Newton, Emily Sue (Georgia)

Opsahl, Kurt Bradford (Georgia)

Park, Sandra S. (Georgia)

Parker, Dennis D. (Georgia)

Parker, Ryan B (Georgia)

Petersen, Gregory G (Georgia)

PHV, Elliot Tarloff (Georgia)

PHV, Brigitte A (Georgia)

PHV, Lindsay Harrison (Georgia)

PHV, Daniel I (Georgia)

Plane, Margaret D. (Georgia)

Pollack, Michael Charles (District of Columbia)

Powell, Amy E. (Georgia)

Price, Matthew E. (Georgia)

Pruski, Jacek (Georgia)

Rabinovitz, Judy (Georgia)

Ravicher, Daniel (Georgia)

Realmuto, Trina A. (Georgia)

Rocah, David Robert (Georgia)

Rodenhausen, Patricia M. (Georgia)

Ross, Michael W. (Georgia)

Rossman, Stuart T. (Georgia)

Rossman, Jessie J. (Georgia)

Rothert, Anthony E. (Georgia)

Rotolo, Laura (Georgia)

Ruzicka, Eric Andrew (Georgia)

Saltman, Julie Shana (Georgia)

Salzman, Joshua Marc (District of Columbia)

Schifter, Karen (Georgia)

Schulz, David A. (Georgia)

Schumacher, Robert W. (Georgia)

Schwartz, Joel D. (Georgia)

Schwartz, Richard Adam (Georgia)

Schwartztol, Laurence Michael (Georgia)

Sciarrino, Christine L. (Georgia)

Segal, Matthew (Georgia)

Seifert, Karen P. (Georgia)

Shaitelman, Kenneth L (Georgia)

Shamsi, Hina (Georgia)

Silverstein, Mark (Georgia)

Simpson, D. Brian (Georgia)

Sims, Charles S. (Georgia)

Singh, Amrit (Georgia)

Smith, M. Patricia (Georgia)

Spurlock, Matthew Douglas (Georgia)

Staub, Sandra J. (Georgia)

Steinberg, Michael J. (Georgia)

Stern, Marc (District of Columbia)

Strait, Adam David (Georgia)

Sun, Christine Patricia (Georgia)

Sweren-Becker, Eliza (Georgia)

Tenny, Daniel (Georgia)

Theeler, Camela C. (Georgia)

Thirolf, Eugene M. (Georgia)

Todd, James D. (Georgia)

Toomey, Patrick Christopher (Georgia)

Torrance, Benjamin H. (Georgia)

Tully, L. Danielle (Georgia)

Tumlin, Karen C. (Georgia)

Union, American Civil (Georgia)

Warwick, Lisa T (Georgia)

Watson, Elizabeth K (Georgia)

Weaver, Heather Lynn (Georgia)

Weinbeck, Michael P (Georgia)

Werlin, Beth (Georgia)

Wessler, Nathan Freed (Georgia)

Weyher, Zachary J. (Georgia)

Wicker, Colin (Georgia)

Wishnie, Michael J. (Georgia)

Wu, Elizabeth Catherine (Georgia)

Wyer, Kathryn L. (Georgia)

Yates, Sally Quillian (Georgia)

Youngs, Stuart Andrew (Georgia)

Zimmerman, Jonathan E. (Georgia)

Zuckerman, Richard M. (Georgia)

Zureick, Alyson Marie (Georgia)

Documents in the Clearinghouse

Documents in this case

14-12890

Docket [USCA, 11th Circuit]

The Roman Catholic Archdiocese v. Secretary of the U.S. Department of Health and Human Services

U.S. Court of Appeals for the Eleventh Circuit

Nov. 7, 2017

Nov. 7, 2017

Docket

1:12-cv-03489

Docket [PACER]

Nov. 7, 2017

Nov. 7, 2017

Docket
21

1:12-cv-03489

First Amended and Recast Complaint

The Roman Catholic Archdiocese of Atlanta v. Sebelius

Dec. 31, 2012

Dec. 31, 2012

Complaint
24

1:12-cv-03489

Order Directing Plaintiffs not to File a Written Response to Defendants Initial Motion to Dismiss

The Roman Catholic Archdiocese of Atlanta v. Sebelius

Feb. 8, 2013

Feb. 8, 2013

Order/Opinion
56

1:12-cv-03489

Second Amended and Recast Verified Complaint

The Roman Catholic Archdiocese of Atlanta v. Sebelius

Aug. 19, 2013

Aug. 19, 2013

Complaint
108

1:12-cv-03489

Opinion and Order

The Roman Catholic Archdiocese of Atlanta v. Sebelius

March 26, 2014

March 26, 2014

Order/Opinion

2014 WL 1256373

116

1:12-cv-03489

Opinion and Order

May 30, 2014

May 30, 2014

Order/Opinion

2014 WL 2441742

1:13-cv-00521

Opinion

U.S. Court of Appeals for the Eleventh Circuit

Feb. 18, 2016

Feb. 18, 2016

Order/Opinion

818 F.3d 1122

14-12890

[Untitled]

Eternal Word Television Network, Inc. vs. Secretary of The U.S. Department of Health and Human Services

U.S. Court of Appeals for the Eleventh Circuit

Aug. 10, 2016

Aug. 10, 2016

Pleading / Motion / Brief
BL-132

14-12696

[Opinion]

The Roman Catholic Archdiocese of Atlanta v. Secretary of the U.S. Department of Health and Human Services

U.S. Court of Appeals for the Eleventh Circuit

Oct. 3, 2016

Oct. 3, 2016

Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/5164124/the-roman-catholic-archdiocese-of-atlanta-v-sebelius/

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

ECF Number Date Description Link
1 Oct. 5, 2012

COMPLAINT filed by The Most Reverend Wilton D. Gregory, The Roman Catholic Archdiocese of Atlanta, The Most Reverend John Hartmayer, Catholic Charities of the Archdiocese of Atlanta, Inc. and The Roman Catholic Diocese of Savannah; and Summon(s) issued. Consent form to proceed before U.S. Magistrate and pretrial instructions provided. ( Filing fee $ 350.00 receipt number 49848.) (Attachments: # 1 Summons, # 2 Civil Cover Sheet)(eop) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions. (Entered: 10/10/2012)

1 Summons

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2 Civil Cover Sheet

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RECAP
2 Oct. 5, 2012

Certificate of Interested Persons by Catholic Charities of the Archdiocese of Atlanta, Inc., Christ the King Catholic School, The Most Reverend John Hartmayer, The Most Reverend Wilton D. Gregory, The Roman Catholic Archdiocese of Atlanta and The Roman Catholic Diocese of Savannah. (eop) (Entered: 10/10/2012)

RECAP
3 Nov. 29, 2012

NOTICE of Appearance by Michelle R. Bennett on behalf of Timothy Geithner, Kathleen Sebelius, Hilda Solis, U. S. Department of Health and Human Services, U. S. Department of Labor, U. S. Department of Treasury (Bennett, Michelle) (Entered: 11/29/2012)

RECAP
4 Nov. 29, 2012

Unopposed MOTION for Leave to File Excess Pages by Timothy Geithner, Kathleen Sebelius, Hilda Solis, U. S. Department of Health and Human Services, U. S. Department of Labor, U. S. Department of Treasury. (Attachments: # 1 Text of Proposed Order)(Bennett, Michelle) (Entered: 11/29/2012)

1 Text of Proposed Order

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RECAP
5 Nov. 30, 2012

Acknowledgment of Service Executed by Christ the King Catholic School, The Most Reverend Wilton D. Gregory, The Roman Catholic Archdiocese of Atlanta, The Most Reverend John Hartmayer, Catholic Charities of the Archdiocese of Atlanta, Inc., The Roman Catholic Diocese of Savannah. All Defendants. (Williams, James) Modified on 12/3/2012 (kt). Modified on 12/3/2012 (kt). (Entered: 11/30/2012)

RECAP
6 Nov. 30, 2012

Acknowledgment of Service Executed by Christ the King Catholic School, The Most Reverend Wilton D. Gregory, The Roman Catholic Archdiocese of Atlanta, The Most Reverend John Hartmayer, Catholic Charities of the Archdiocese of Atlanta, Inc., The Roman Catholic Diocese of Savannah. All Defendants. (Williams, James) Modified on 12/3/2012 (kt). (Entered: 11/30/2012)

RECAP
7 Nov. 30, 2012

Acknowledgment of Service Executed by Christ the King Catholic School, The Most Reverend Wilton D. Gregory, The Roman Catholic Archdiocese of Atlanta, The Most Reverend John Hartmayer, Catholic Charities of the Archdiocese of Atlanta, Inc., The Roman Catholic Diocese of Savannah. (Williams, James) Modified on 12/3/2012 (kt). Modified on 12/3/2012 (kt). (Entered: 11/30/2012)

RECAP
8 Nov. 30, 2012

Acknowledgment of Service Executed by Christ the King Catholic School, The Most Reverend Wilton D. Gregory, The Roman Catholic Archdiocese of Atlanta, The Most Reverend John Hartmayer, Catholic Charities of the Archdiocese of Atlanta, Inc., The Roman Catholic Diocese of Savannah. (Williams, James) Modified on 12/3/2012 (kt). (Entered: 11/30/2012)

RECAP
9 Nov. 30, 2012

Acknowledgment of Service Executed by Christ the King Catholic School, The Most Reverend Wilton D. Gregory, The Roman Catholic Archdiocese of Atlanta, The Most Reverend John Hartmayer, Catholic Charities of the Archdiocese of Atlanta, Inc., The Roman Catholic Diocese of Savannah. (Williams, James) Modified on 12/3/2012 (kt). (Entered: 11/30/2012)

RECAP
10 Nov. 30, 2012

Acknowledgment of Service Executed by Christ the King Catholic School, The Most Reverend Wilton D. Gregory, The Roman Catholic Archdiocese of Atlanta, The Most Reverend John Hartmayer, Catholic Charities of the Archdiocese of Atlanta, Inc., The Roman Catholic Diocese of Savannah. (Williams, James) Modified on 12/3/2012 (kt). (Entered: 11/30/2012)

RECAP
11 Nov. 30, 2012

Acknowledgment of Service Executed by Christ the King Catholic School, The Most Reverend Wilton D. Gregory, The Roman Catholic Archdiocese of Atlanta, The Most Reverend John Hartmayer, The Roman Catholic Diocese of Savannah. (Williams, James) Modified on 12/3/2012 (kt). (Entered: 11/30/2012)

RECAP
12 Nov. 30, 2012

Acknowledgment of Service Executed by Christ the King Catholic School, The Most Reverend Wilton D. Gregory, The Roman Catholic Archdiocese of Atlanta, The Most Reverend John Hartmayer, The Roman Catholic Diocese of Savannah. (Williams, James) Modified on 12/3/2012 (kt). (Entered: 11/30/2012)

RECAP
13 Dec. 4, 2012

ORDER GRANTING 4 Motion for Leave to File Excess Pages in excess of the twenty-five page limit set in Local Rule 7.1(D). Defendants may file a thirty-five (35) page brief, excluding the table of contents, table of authorities, signature block, and certificate of service. Signed by Judge William S. Duffey, Jr on 12/3/2012. (kt) (Entered: 12/04/2012)

RECAP
14 Dec. 10, 2012

MOTION to Dismiss for Lack of Jurisdiction with Brief In Support by Timothy Geithner, Kathleen Sebelius, Hilda Solis, U. S. Department of Health and Human Services, U. S. Department of Labor, U. S. Department of Treasury. (Attachments: # 1 Brief)(Bennett, Michelle) (Entered: 12/10/2012)

1 Brief

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RECAP
15 Dec. 12, 2012

Unopposed MOTION for Leave to File Excess Pages in Response Brief to Motion to Dismiss with Brief In Support by Catholic Charities of the Archdiocese of Atlanta, Inc., Christ the King Catholic School, The Most Reverend John Hartmayer, The Most Reverend Wilton D. Gregory, The Roman Catholic Archdiocese of Atlanta, The Roman Catholic Diocese of Savannah. (Attachments: # 1 Brief, # 2 Text of Proposed Order)(Williams, James) (Entered: 12/12/2012)

1 Brief

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2 Text of Proposed Order

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RECAP
16 Dec. 12, 2012

Unopposed MOTION for Extension of Time to File Response to Motion to Dismiss re: 14 MOTION to Dismiss for Lack of Jurisdiction with Brief In Support by Catholic Charities of the Archdiocese of Atlanta, Inc., Christ the King Catholic School, The Most Reverend John Hartmayer, The Most Reverend Wilton D. Gregory, The Roman Catholic Archdiocese of Atlanta, The Roman Catholic Diocese of Savannah. (Attachments: # 1 Brief, # 2 Text of Proposed Order)(Williams, James) (Entered: 12/12/2012)

1 Brief

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2 Text of Proposed Order

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RECAP
17 Dec. 18, 2012

Joint MOTION for Extension of Time to comply with Case Management Deadlines by Timothy Geithner, Kathleen Sebelius, Hilda Solis, U. S. Department of Health and Human Services, U. S. Department of Labor, U. S. Department of Treasury. (Attachments: # 1 Text of Proposed Order)(Bennett, Michelle) (Entered: 12/18/2012)

1 Text of Proposed Order

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RECAP
18 Dec. 19, 2012

ORDER GRANTING 17 Motion for Extension of Time. The parties are ORDERED to hold their Rule 26(f) conference by January 9, 2013, and to submit their Rule 16 Report and their Initial Disclosures by January 23, 2013. Signed by Judge William S. Duffey, Jr on 12/19/2012. (kt) (Entered: 12/19/2012)

RECAP
19 Dec. 19, 2012

NOTICE by Timothy Geithner, Kathleen Sebelius, Hilda Solis, U. S. Department of Health and Human Services, U. S. Department of Labor, U. S. Department of Treasury Supplemental Authority (Attachments: # 1 Exhibit Wheaton v. Sebelius)(Bennett, Michelle) (Entered: 12/19/2012)

1 Exhibit Wheaton v. Sebelius

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RECAP
20 Dec. 21, 2012

NOTICE by Timothy Geithner, Kathleen Sebelius, Hilda Solis, U. S. Department of Health and Human Services, U. S. Department of Labor, U. S. Department of Treasury re 14 MOTION to Dismiss for Lack of Jurisdiction Supplemental Authority (Attachments: # 1 Exhibit Catholic Diocese of Biloxi v. Sebelius)(Bennett, Michelle) (Entered: 12/21/2012)

1 Exhibit Catholic Diocese of Biloxi v. Sebelius

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RECAP
21 Dec. 31, 2012

First AMENDED COMPLAINT against All Defendants, filed by Christ the King Catholic School, The Most Reverend Wilton D. Gregory, The Roman Catholic Archdiocese of Atlanta, The Most Reverend John Hartmayer, Catholic Charities of the Archdiocese of Atlanta, Inc., The Roman Catholic Diocese of Savannah.(Williams, James) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions. (Entered: 12/31/2012)

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22 Jan. 3, 2013

NOTICE re 21 Amended Complaint by Timothy Geithner, Kathleen Sebelius, Hilda Solis, U. S. Department of Health and Human Services, U. S. Department of Labor, U. S. Department of Treasury. (Bennett, Michelle) (Entered: 01/03/2013)

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23 Jan. 7, 2013

Unopposed MOTION for Clarification re: 14 MOTION to Dismiss for Lack of Jurisdiction Motion for Direction That No Responsive Briefing is Required by Catholic Charities of the Archdiocese of Atlanta, Inc., Christ the King Catholic School, The Most Reverend John Hartmayer, The Most Reverend Wilton D. Gregory, The Roman Catholic Archdiocese of Atlanta, The Roman Catholic Diocese of Savannah. (Attachments: # 1 Text of Proposed Order)(Williams, James) (Entered: 01/07/2013)

1 Text of Proposed Order

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24 Jan. 8, 2013

ORDER granting 23 Unopposed Motion for Direction that they are not required to File a Written Response to Defendants' Initial 14 Motion to Dismiss. On 12/31/2012, an amended complaint was filed mooting out 14 Motion to Dismiss. Defendants intend to move for dismissal again by 1/14/2013. Plaintiffs' are excused from filing any written response and shall instead file a timely written response to the amended motion after any such motion is filed on or before 1/14/2013. Signed by Judge William S. Duffey, Jr. on 1/8/2013. (bdb) (Entered: 01/09/2013)

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25 Jan. 9, 2013

UNOPPOSED MOTION to File Over Length Memorandum in Support of Defendants' Renewed Motion to Dismiss by Timothy Geithner, Kathleen Sebelius, Hilda Solis, U. S. Department of Health and Human Services, U. S. Department of Labor, U. S. Department of Treasury. (Attachments: # 1 Text of Proposed Order)(Bennett, Michelle) (Entered: 01/09/2013)

1 Text of Proposed Order

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26 Jan. 10, 2013

ORDER GRANTING 25 unopposed Motion for Leave to File Excess Pages. Defendants may file a thirty-five page brief, excluding the table of contents, table of authorities, signature block, and certificate of service. Signed by Judge William S. Duffey, Jr on 1/10/2013. (kt) (Entered: 01/10/2013)

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27 Jan. 14, 2013

MOTION to Dismiss the Amended Complaint for Lack of Jurisdiction with Brief In Support by Timothy Geithner, Kathleen Sebelius, Hilda Solis, U. S. Department of Health and Human Services, U. S. Department of Labor, U. S. Department of Treasury. (Attachments: # 1 Memorandum in Support)(Bennett, Michelle) (Entered: 01/14/2013)

1 Brief Memorandum in Support

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28 Jan. 15, 2013

Unopposed MOTION for Leave to File Excess Pages in Response to Defendants' 27 Motion to Dismiss with Brief In Support by Catholic Charities of the Archdiocese of Atlanta, Inc., Christ the King Catholic School, The Most Reverend John Hartmayer, The Most Reverend Wilton D. Gregory, The Roman Catholic Archdiocese of Atlanta, The Roman Catholic Diocese of Savannah. (Attachments: # 1 Brief, # 2 Text of Proposed Order)(Williams, James) (Entered: 01/15/2013)

1 Brief

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2 Text of Proposed Order

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29 Jan. 17, 2013

ORDER GRANTING 28 Motion for Leave to File Excess Pages in excess of the 25-page limit set forth in Local Rule 7/1 D in opposition to Defendants' motion to dismiss. Plaintiffs may file a 35-page brief, excluding the table of contents, table of authorities, signature block, and certificate of service. Signed by Judge William S. Duffey, Jr on 1/16/2013. (kt) (Entered: 01/17/2013)

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30 Jan. 17, 2013

NOTICE OF REQUIREMENT TO FILE ELECTRONICALLY pursuant to Standing Order 04-01 as to J. Curtis Thomas re 29 Order on Motion for Leave to File Excess Pages.(kt) (Entered: 01/17/2013)

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31 Jan. 23, 2013

Joint PRELIMINARY REPORT AND DISCOVERY PLAN filed by Catholic Charities of the Archdiocese of Atlanta, Inc., Christ the King Catholic School, Timothy Geithner, Kathleen Sebelius, Hilda Solis, The Most Reverend John Hartmayer, The Most Reverend Wilton D. Gregory, The Roman Catholic Archdiocese of Atlanta, The Roman Catholic Diocese of Savannah, U. S. Department of Health and Human Services, U. S. Department of Labor, U. S. Department of Treasury. (Smith, Edward) (Entered: 01/23/2013)

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32 Jan. 23, 2013

CERTIFICATE OF SERVICE of Initial Disclosures by Catholic Charities of the Archdiocese of Atlanta, Inc., Christ the King Catholic School, The Most Reverend John Hartmayer, The Most Reverend Wilton D. Gregory, The Roman Catholic Archdiocese of Atlanta, The Roman Catholic Diocese of Savannah.(Smith, Edward) (Entered: 01/23/2013)

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33 Jan. 23, 2013

CERTIFICATE OF SERVICE of Initial Disclosures by Timothy Geithner, Kathleen Sebelius, Hilda Solis, U. S. Department of Health and Human Services, U. S. Department of Labor, U. S. Department of Treasury.(Bennett, Michelle) (Entered: 01/23/2013)

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34 Jan. 28, 2013

SCHEDULING ORDER re: 31 Joint Preliminary Report and Discovery Plan. See order for specific details. Signed by Judge William S. Duffey, Jr on 1/28/2013. (kt) (Entered: 01/28/2013)

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35 Jan. 29, 2013

THIRD NOTICE of Supplemental Authority by Timothy Geithner, Kathleen Sebelius, Hilda Solis, U. S. Department of Health and Human Services, U. S. Department of Labor, U. S. Department of Treasury re 27 MOTION to Dismiss Amended Complaint for Lack of Jurisdiction. (Bennett, Michelle) Modified to accurately reflect entry on 1/30/2013 (bdb). (Entered: 01/29/2013)

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36 Jan. 31, 2013

FOURTH NOTICE of Supplemental Authority by Timothy Geithner, Kathleen Sebelius, Hilda Solis, U. S. Department of Health and Human Services, U. S. Department of Labor, U. S. Department of Treasury re 27 MOTION to Dismiss Amended Complaint for Lack of Jurisdiction. (Bennett, Michelle) Modified to accurately reflect entry on 1/31/2013 (bdb). (Entered: 01/31/2013)

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37 Jan. 31, 2013

RESPONSE in Opposition re 27 MOTION to Dismiss Amended Complaint for Lack of Jurisdiction filed by Catholic Charities of the Archdiocese of Atlanta, Inc., Christ the King Catholic School, The Most Reverend John Hartmayer, The Most Reverend Wilton D. Gregory, The Roman Catholic Archdiocese of Atlanta, The Roman Catholic Diocese of Savannah. (Attachments: # 1 Affidavit Declaration of Charles Thibaudeau, # 2 Affidavit Declaration of Jo Ann Green, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit)(Williams, James) (Entered: 01/31/2013)

1 Affidavit Declaration of Charles Thibaudeau

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2 Affidavit Declaration of Jo Ann Green

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3 Exhibit

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4 Exhibit

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5 Exhibit

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38 Feb. 1, 2013

NOTICE of Appearance by Michael C. Pollack on behalf of Timothy Geithner, Kathleen Sebelius, Hilda Solis, U. S. Department of Health and Human Services, U. S. Department of Labor, U. S. Department of Treasury (Pollack, Michael) (Entered: 02/01/2013)

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39 Feb. 1, 2013

NOTICE by Catholic Charities of the Archdiocese of Atlanta, Inc., Christ the King Catholic School, The Most Reverend John Hartmayer, The Most Reverend Wilton D. Gregory, The Roman Catholic Archdiocese of Atlanta, The Roman Catholic Diocese of Savannah of Supplemental Authority to 27 MOTION to Dismiss Amended Complaint for Lack of Jurisdiction (Attachments: # 1 Exhibit Diocese of Fort Worth v. Sebelius, Order Denying Motion to Dismiss)(Smith, Edward) (Entered: 02/01/2013)

1 Exhibit Diocese of Fort Worth v. Sebelius, Order Denying Motion to Dismiss

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40 Feb. 7, 2013

Notice for Leave of Absence for the following date(s): March 2-9, 2013, by Edward Kendrick Smith. (Smith, Edward) (Entered: 02/07/2013)

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41 Feb. 14, 2013

Unopposed MOTION for Leave to File Overlength Reply Memorandum In Support of their Renewed Motion to Dismiss by Timothy Geithner, Kathleen Sebelius, Hilda Solis, U. S. Department of Health and Human Services, U. S. Department of Labor, U. S. Department of Treasury. (Attachments: # 1 Text of Proposed Order)(Pollack, Michael) (Entered: 02/14/2013)

1 Text of Proposed Order

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42 Feb. 14, 2013

REPLY to Response to Motion re 27 MOTION to Dismiss Amended Complaint for Lack of Jurisdiction filed by Timothy Geithner, Kathleen Sebelius, Hilda Solis, U. S. Department of Health and Human Services, U. S. Department of Labor, U. S. Department of Treasury. (Attachments: # 1 Exhibit 1 - Conlon Decision)(Pollack, Michael) (Entered: 02/14/2013)

1 Exhibit 1 - Conlon Decision

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43 March 21, 2013

NOTICE by Timothy Geithner, Kathleen Sebelius, Hilda Solis, U. S. Department of Health and Human Services, U. S. Department of Labor, U. S. Department of Treasury re 27 MOTION to Dismiss Amended Complaint for Lack of Jurisdiction Supplemental Authority (Attachments: # 1 Exhibit Wenski v. Sebelius)(Pollack, Michael) (Entered: 03/21/2013)

1 Exhibit Wenski v. Sebelius

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44 March 28, 2013

SIXTH NOTICE by Timothy Geithner, Kathleen Sebelius, Hilda Solis, U. S. Department of Health and Human Services, U. S. Department of Labor, U. S. Department of Treasury re 27 MOTION to Dismiss Amended Complaint for Lack of Jurisdiction of Supplemental Authority (Attachments: # 1 Exhibit EWTN v. Sebelius) (Pollack, Michael) Modified to add text on 3/29/2013 (bdb). (Entered: 03/28/2013)

1 Exhibit EWTN v. Sebelius

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45 April 9, 2013

NOTICE by Timothy Geithner, Kathleen Sebelius, Hilda Solis, U. S. Department of Health and Human Services, U. S. Department of Labor, U. S. Department of Treasury re 27 MOTION to Dismiss Amended Complaint for Lack of Jurisdiction Seventh Notice of Supplemental Authority. (Pollack, Michael) (Entered: 04/09/2013)

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46 April 17, 2013

NOTICE by Timothy Geithner, Kathleen Sebelius, Hilda Solis, U. S. Department of Health and Human Services, U. S. Department of Labor, U. S. Department of Treasury re 27 MOTION to Dismiss Amended Complaint for Lack of Jurisdiction Eighth Notice of Supplemental Authority (Attachments: # 1 Exhibit Criswell College v. Sebelius)(Pollack, Michael) (Entered: 04/17/2013)

1 Exhibit Criswell College v. Sebelius

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47 April 23, 2013

Notice for Leave of Absence for the following date(s): September 8-15, 2013, by Edward Kendrick Smith. (Smith, Edward) (Entered: 04/23/2013)

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48 July 1, 2013

ORDER DIRECTING the parties to appear, by telephone, for a Status Conference with the Court on Monday, July 15, 2013 at 3:00 p.m. (Status Conference set for 7/15/2013 at 03:00 PM before Judge William S. Duffey Jr.) Signed by Judge William S. Duffey, Jr on 7/1/2013. (kt) (Entered: 07/02/2013)

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50 July 15, 2013

Minute Entry for Telephone Conference held on 7/15/2013 before Judge William S. Duffey, Jr: Status conf held by the Court. Dfts will withdraw their motion to dismiss as moot. Pffs shall file their amended complaint on or before 8/19/2013. Cnsl will discuss among themselves and submit a proposed schedule to the Court related to impending Pffs' motion for preliminary injunction and Dfts' motion to dismiss, or in the alternative, motion for summary judgment. (Court Reporter Nick Marrone)(kt) (Entered: 07/22/2013)

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49 July 18, 2013

TRANSCRIPT of Teleconference Proceedings held on July 15, 2013, before Judge William S. Duffey, Jr. Court Reporter/Transcriber Nicholas A. Marrone, Telephone number 404-215-1486. 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. Redaction Request due 8/8/2013. Redacted Transcript Deadline set for 8/19/2013. Release of Transcript Restriction set for 10/16/2013. (Attachments: # 1 Notice of Filing of Official Transcript) (kac) (Entered: 07/18/2013)

1 Notice of Filing of Official Transcript

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51 July 22, 2013

WITHDRAWAL OF MOTION re 27 MOTION to Dismiss Amended Complaint for Lack of Jurisdiction by Timothy Geithner, Kathleen Sebelius, Hilda Solis, U. S. Department of Health and Human Services, U. S. Department of Labor, U. S. Department of Treasury (Pollack, Michael) Modified on 7/23/2013 in order to update docket text (anc). (Entered: 07/22/2013)

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52 July 24, 2013

Joint MOTION for Leave to File Excess Pages in Connection with Preliminary Briefing by Catholic Charities of the Archdiocese of Atlanta, Inc., Christ the King Catholic School, The Most Reverend John Hartmayer, The Most Reverend Wilton D. Gregory, The Roman Catholic Archdiocese of Atlanta, The Roman Catholic Diocese of Savannah. (Attachments: # 1 Text of Proposed Order Proposed Order)(Williams, James) (Entered: 07/24/2013)

1 Text of Proposed Order Proposed Order

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53 July 24, 2013

PROPOSED ORDER Parties' Proposed Scheduling Order for Preliminary Briefing re: 52 Joint MOTION for Leave to File Excess Pages in Connection with Preliminary Briefing. (Williams, James) (Entered: 07/24/2013)

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54 July 25, 2013

SCHEDULING ORDER: APPROVING the Parties' 53 Proposed Scheduling Order for Preliminary Briefing. Signed by Judge William S. Duffey, Jr on 7/252013. (kt) (Entered: 07/26/2013)

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55 Aug. 8, 2013

Minute Entry for proceedings held before Judge William S. Duffey, Jr: Telephone Conference held on 8/8/2013. The 52 Motion for Leave to File Excess Pages is GRANTED IN PART AND DENIED IN PART. The Court will allow Pffs to file a 45-page motion for preliminary injunction. Dfts may file a 45-page response. Pffs may file a 15-page reply brief. The Court requires all subsequent motions be bound to the local rule on page limit requirements but may consider a future [narrow] request for an increase in page limits. (Court Reporter Montrell Vann)(anc) (Entered: 08/08/2013)

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56 Aug. 19, 2013

Second AMENDED COMPLAINT against All Defendants, filed by The Roman Catholic Archdiocese of Atlanta.(Smith, Edward) Please visit our website at http://www.gand.uscourts.gov/forms to obtain Pretrial Instructions which includes the Consent To Proceed Before U.S. Magistrate form. (Entered: 08/19/2013)

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57 Aug. 19, 2013

First MOTION for Preliminary Injunction with Brief In Support by The Roman Catholic Archdiocese of Atlanta. (Attachments: # 1 Brief, # 2 Exhibit)(Smith, Edward) (Entered: 08/19/2013)

1 Brief

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2 Exhibit

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58 Aug. 30, 2013

NOTICE Of Filing Certified Administrative Record by Jacob J. Lew, Thomas Perez, Kathleen Sebelius, U. S. Department of Health and Human Services, U. S. Department of Labor, U. S. Department of Treasury (Attachments: # 1 Exhibit Certification of the Record, # 2 Exhibit Record Index)(Pollack, Michael) (Entered: 08/30/2013)

1 Exhibit Certification of the Record

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2 Exhibit Record Index

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59 Sept. 3, 2013

Administrative record received; 3 CDs placed in file (anc) (Entered: 09/05/2013)

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60 Sept. 6, 2013

NOTICE of Appearance by Brian C. Lea on behalf of The Most Reverend John Hartmayer, The Most Reverend Wilton D. Gregory, The Roman Catholic Archdiocese of Atlanta, The Roman Catholic Diocese of Savannah, Catholic Charities of the Archdiocese of Atlanta, Inc., Catholic Education of North Georgia, Inc. (Lea, Brian) Modified on 9/9/2013 in order to add filing parties (anc). (Entered: 09/06/2013)

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61 Sept. 9, 2013

Unopposed MOTION for Leave to File Excess Pages, or for Clarification by Jacob J. Lew, Thomas Perez, Kathleen Sebelius, U. S. Department of Health and Human Services, U. S. Department of Labor, U. S. Department of Treasury. (Attachments: # 1 Text of Proposed Order)(Pollack, Michael) (Entered: 09/09/2013)

1 Text of Proposed Order

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62 Sept. 12, 2013

ORDER GRANTING the 61 Motion for Leave to File Excess Pages. Defendants may file a 15-page brief in support of their motion to dismiss or motion for summary judgment (excluding the table of contents, table of authorities, and signature block) and, in that brief, may incorporate by reference their brief in opposition to Plaintiffs' Motion for Preliminary Injunction. Signed by Judge William S. Duffey, Jr on 9/12/2013. (anc) (Entered: 09/12/2013)

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63 Sept. 23, 2013

RESPONSE in Opposition re 57 First MOTION for Preliminary Injunction filed by Jacob J. Lew, Thomas Perez, Kathleen Sebelius, U. S. Department of Health and Human Services, U. S. Department of Labor, U. S. Department of Treasury. (Pollack, Michael) (Entered: 09/23/2013)

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64 Sept. 23, 2013

MOTION to Dismiss for Lack of Jurisdiction, MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM, or in the alternative,, MOTION for Summary Judgment with Brief In Support by Jacob J. Lew, Thomas Perez, Kathleen Sebelius, U. S. Department of Health and Human Services, U. S. Department of Labor, U. S. Department of Treasury. (Attachments: # 1 Brief, # 2 Statement of Material Facts)(Pollack, Michael) --Please refer to http://www.gand.uscourts.gov to obtain the Notice to Respond to Summary Judgment Motion form contained on the Court's website.-- Modified on 9/24/2013 in order to update docket text (anc). (Entered: 09/23/2013)

1 Brief

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2 Statement of Material Facts

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65 Sept. 25, 2013

APPLICATION for Admission of Jenny Lee Pro Hac Vice by Jennifer Lee, Brigitte Amiri, Daniel Mach. (Attachments: # 1 Motion for Pro Hac Vice, # 2 Motion for Pro Hac Vice)(Brock, Chad) (Entered: 09/25/2013)

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66 Sept. 25, 2013

First MOTION for Leave to File Brief as Amici Curiae with Brief In Support by American Civil Liberties Union and American Civil Liberties Union Foundation of Georgia (Attachments: # 1 Brief, # 2 Text of Proposed Order)(Brock, Chad) Modified on 9/26/2013 in order to update docket text (anc). Modified on 9/26/2013 in order to correct filing party (anc). (Entered: 09/25/2013)

1 Brief

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2 Text of Proposed Order

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67 Sept. 26, 2013

APPLICATION for Admission of Jennifer Lee Pro Hac Vice by American Civil Liberties Union, American Civil Liberties Union Foundation of Georgia. (Brock, Chad) (Entered: 09/26/2013)

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68 Sept. 26, 2013

APPLICATION for Admission of Brigitte Amiri Pro Hac Vice by American Civil Liberties Union, American Civil Liberties Union Foundation of Georgia. (Brock, Chad) (Entered: 09/26/2013)

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69 Sept. 26, 2013

APPLICATION for Admission of Daniel Mach Pro Hac Vice by American Civil Liberties Union, American Civil Liberties Union Foundation of Georgia. (Brock, Chad) (Entered: 09/26/2013)

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70 Sept. 26, 2013

APPLICATION for Admission of Jennifer Lee Pro Hac Vice (Application fee $ 150, receipt number 113E-4807798)by American Civil Liberties Union, American Civil Liberties Union Foundation of Georgia. (Brock, Chad) (Entered: 09/26/2013)

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71 Sept. 26, 2013

APPLICATION for Admission of Brigitte Amiri Pro Hac Vice (Application fee $ 150, receipt number 113E-4807808)by American Civil Liberties Union, American Civil Liberties Union Foundation of Georgia. (Brock, Chad) (Entered: 09/26/2013)

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72 Sept. 26, 2013

APPLICATION for Admission of Daniel Mach Pro Hac Vice (Application fee $ 150, receipt number 113E-4807814)by American Civil Liberties Union, American Civil Liberties Union Foundation of Georgia. (Brock, Chad) (Entered: 09/26/2013)

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73 Oct. 1, 2013

Unopposed MOTION modification of briefing instructions re 55 Order by The Roman Catholic Archdiocese of Atlanta, The Roman Catholic Diocese of Savannah. (Attachments: # 1 Text of Proposed Order)(Lea, Brian) Modified on 10/2/2013 in order to update docket text (anc). (Entered: 10/01/2013)

1 Text of Proposed Order

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74 Oct. 2, 2013

APPLICATION for Admission of Jennifer Lee Pro Hac Vice by American Civil Liberties Union, American Civil Liberties Union Foundation of Georgia. (Brock, Chad) (Entered: 10/02/2013)

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75 Oct. 2, 2013

APPLICATION for Admission of Daniel Mach Pro Hac Vice by American Civil Liberties Union, American Civil Liberties Union Foundation of Georgia. (Brock, Chad) (Entered: 10/02/2013)

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76 Oct. 2, 2013

APPLICATION for Admission of Brigitte Amiri Pro Hac Vice by American Civil Liberties Union, American Civil Liberties Union Foundation of Georgia. (Brock, Chad) (Entered: 10/02/2013)

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77 Oct. 16, 2013

OPINION and ORDER denying 66 Motion for Leave to File Brief as Amici and therefore denying as moot 74 Application for Admission Pro Hac Vice Jennifer Lee; denying as moot 75 Application for Admission Pro Hac Vice Daniel Mach and denying as moot 76 Application for Admission Pro Hac Vice Brigitte Amiri which relate to 66 . Signed by Judge William S. Duffey, Jr. on 10/16/2013. (bdb)

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78 Oct. 21, 2013

MOTION for Summary Judgment with Brief In Support by Catholic Charities of the Archdiocese of Atlanta, Inc., Catholic Education of North Georgia, Inc., The Most Reverend John Hartmayer, The Most Reverend Wilton D. Gregory, The Roman Catholic Archdiocese of Atlanta, The Roman Catholic Diocese of Savannah. (Attachments: # 1 Brief Brief In Support of Plaintiffs' Motion for Summary Judgment and in Opposition to Defendants' Motion for Summary Judgment, # 2 Statement of Material Facts Plaintiffs' Statement of Material Facts and Additional Statement of Facts, # 3 Statement of Material Facts Plaintiffs' Response to Defendants' Statement of Material Facts)(Williams, James) --Please refer to http://www.gand.uscourts.gov to obtain the Notice to Respond to Summary Judgment Motion form contained on the Court's website.-- (Entered: 10/21/2013)

1 Brief Brief In Support of Plaintiffs' Motion for Summary Judgment and in Op

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2 Statement of Material Facts Plaintiffs' Statement of Material Facts and Add

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3 Statement of Material Facts Plaintiffs' Response to Defendants' Statem

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79 Oct. 21, 2013

AFFIDAVIT re 78 MOTION for Summary Judgment Second Declaration of Jo Ann Green by Catholic Charities of the Archdiocese of Atlanta, Inc., Catholic Education of North Georgia, Inc., Christ the King Catholic School, The Most Reverend John Hartmayer, The Most Reverend Wilton D. Gregory, The Roman Catholic Archdiocese of Atlanta, The Roman Catholic Diocese of Savannah. (Williams, James) (Entered: 10/21/2013)

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80 Oct. 21, 2013

AFFIDAVIT re 78 MOTION for Summary Judgment Second Declaration of Charles Thibaudeau by Catholic Charities of the Archdiocese of Atlanta, Inc., Catholic Education of North Georgia, Inc., The Most Reverend Wilton D. Gregory, The Roman Catholic Archdiocese of Atlanta, The Roman Catholic Diocese of Savannah. (Williams, James) (Entered: 10/21/2013)

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81 Oct. 21, 2013

DEPOSITION of Gary M. Cohen taken on April 16, 2013 by Catholic Charities of the Archdiocese of Atlanta, Inc., Catholic Education of North Georgia, Inc., The Most Reverend John Hartmayer, The Most Reverend Wilton D. Gregory, The Roman Catholic Archdiocese of Atlanta, The Roman Catholic Diocese of Savannah.(Williams, James) (Entered: 10/21/2013)

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82 Oct. 21, 2013

NOTICE Of Filing Notice of Hand Delivery of Plaintiffs' Supporting Excerpts by Catholic Charities of the Archdiocese of Atlanta, Inc., Catholic Education of North Georgia, Inc., The Most Reverend John Hartmayer, The Most Reverend Wilton D. Gregory, The Roman Catholic Archdiocese of Atlanta, The Roman Catholic Diocese of Savannah re 78 MOTION for Summary Judgment (Williams, James) (Entered: 10/21/2013)

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83 Oct. 21, 2013

REPLY BRIEF re 57 First MOTION for Preliminary Injunction filed by Catholic Charities of the Archdiocese of Atlanta, Inc., Catholic Education of North Georgia, Inc., The Most Reverend John Hartmayer, The Most Reverend Wilton D. Gregory, The Roman Catholic Archdiocese of Atlanta, The Roman Catholic Diocese of Savannah. (Williams, James) (Entered: 10/21/2013)

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84 Nov. 12, 2013

Unopposed MOTION for Leave to File Excess Pages by Jacob J. Lew, Thomas Perez, Kathleen Sebelius, U. S. Department of Health and Human Services, U. S. Department of Labor, U. S. Department of Treasury. (Attachments: # 1 Text of Proposed Order)(Pollack, Michael) (Entered: 11/12/2013)

1 Text of Proposed Order

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85 Nov. 14, 2013

ORDER GRANTING 84 Motion for Leave to File Excess Pages. Defendants may file a 55-page brief, excluding the table of contents, table of authorities, and signature block. Signed by Judge William S. Duffey, Jr on 11/14/2013. (anc) (Entered: 11/14/2013)

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86 Nov. 18, 2013

REPLY to Response to Motion re 64 MOTION to Dismiss for Lack of Jurisdiction MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM, or in the alternative, MOTION for Summary Judgment filed by Jacob J. Lew, Thomas Perez, Kathleen Sebelius, U. S. Department of Health and Human Services, U. S. Department of Labor, U. S. Department of Treasury. (Pollack, Michael) (Entered: 11/18/2013)

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87 Nov. 18, 2013

RESPONSE in Opposition re 78 MOTION for Summary Judgment filed by Jacob J. Lew, Thomas Perez, Kathleen Sebelius, U. S. Department of Health and Human Services, U. S. Department of Labor, U. S. Department of Treasury. (Attachments: # 1 Statement of Material Facts Defendants' Response to Plaintiffs' Statement of Material Facts)(Pollack, Michael) (Entered: 11/18/2013)

1 Statement of Material Facts Defendants' Response to Plaintiffs' Statem

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88 Nov. 21, 2013

First MOTION for Leave to File Excess Pages by The Most Reverend John Hartmayer, The Most Reverend Wilton D. Gregory, The Roman Catholic Archdiocese of Atlanta, The Roman Catholic Diocese of Savannah. (Attachments: # 1 Text of Proposed Order Proposed Order)(Lea, Brian) (Entered: 11/21/2013)

1 Text of Proposed Order Proposed Order

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89 Nov. 22, 2013

ORDER GRANTING 88 Motion for Leave to File Excess Pages. Plaintiffs may file a 30-page reply brief in support of their motion for summary judgment, excluding the table of contents, table of authorities, and signature block. Signed by Judge William S. Duffey, Jr on 11/22/2013. (anc) (Entered: 11/22/2013)

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90 Nov. 25, 2013

NOTICE of Supplemental Authority re 57 First MOTION for Preliminary Injunction by Catholic Charities of the Archdiocese of Atlanta, Inc., Catholic Education of North Georgia, Inc., The Most Reverend John Hartmayer, The Most Reverend Wilton D. Gregory, The Roman Catholic Archdiocese of Atlanta, The Roman Catholic Diocese of Savannah (Attachments: # 1 Exhibit Court's Injunction Opinion)(Smith, Edward) Modified on 11/27/2013 in order to update docket text (anc). (Entered: 11/25/2013)

1 Exhibit Court's Injunction Opinion

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91 Dec. 4, 2013

REPLY BRIEF re 78 MOTION for Summary Judgment filed by The Roman Catholic Archdiocese of Atlanta, The Roman Catholic Diocese of Savannah. (Smith, Edward) (Entered: 12/04/2013)

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92 Dec. 6, 2013

RESPONSE re 90 Notice (Other), of Supplemental Authority filed by Jacob J. Lew, Thomas Perez, Kathleen Sebelius, U. S. Department of Health and Human Services, U. S. Department of Labor, U. S. Department of Treasury. (Pollack, Michael) (Entered: 12/06/2013)

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93 Dec. 20, 2013

NOTICE of Supplemental Authority re 64 MOTION to Dismiss by Jacob J. Lew, Thomas Perez, Kathleen Sebelius, U. S. Department of Health and Human Services, U. S. Department of Labor, U. S. Department of Treasury (Attachments: # 1 Exhibit Priests for Life v. HHS)(Pollack, Michael) Modified on 12/23/2013 in order to update docket text (anc). (Entered: 12/20/2013)

1 Exhibit Priests for Life v. HHS

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94 Dec. 23, 2013

NOTICE by Catholic Charities of the Archdiocese of Atlanta, Inc., Catholic Education of North Georgia, Inc., The Most Reverend John Hartmayer, The Most Reverend Wilton D. Gregory, The Roman Catholic Archdiocese of Atlanta, The Roman Catholic Diocese of Savannah re 57 First MOTION for Preliminary Injunction Notice of Supplemental Authority (Attachments: # 1 Exhibit Archdiocese of New York Decision, # 2 Exhibit Zubik Decision, # 3 Exhibit Legatus Decision, # 4 Exhibit Reaching Souls Decision)(Smith, Edward) (Entered: 12/23/2013)

1 Exhibit Archdiocese of New York Decision

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2 Exhibit Zubik Decision

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3 Exhibit Legatus Decision

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4 Exhibit Reaching Souls Decision

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95 Dec. 23, 2013

RESPONSE re 93 Notice (Other), Response to Notice of Supplemental Authority filed by Catholic Charities of the Archdiocese of Atlanta, Inc., Catholic Education of North Georgia, Inc., The Most Reverend John Hartmayer, The Most Reverend Wilton D. Gregory, The Roman Catholic Archdiocese of Atlanta, The Roman Catholic Diocese of Savannah. (Smith, Edward) (Entered: 12/23/2013)

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96 Dec. 23, 2013

NOTICE of Supplemental Authority</i by Jacob J. Lew, Thomas Perez, Kathleen Sebelius, U. S. Department of Health and Human Services, U. S. Department of Labor, U. S. Department of Treasury > (Attachments: # 1 Exhibit University of Notre Dame v. Sebelius)(Pollack, Michael) Modified on 12/23/2013 in order to update docket text (anc). (Entered: 12/23/2013)

1 Exhibit University of Notre Dame v. Sebelius

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97 Dec. 23, 2013

RESPONSE re 94 Notice (Other),, Response to Notice of Supplemental Authority filed by Jacob J. Lew, Thomas Perez, Kathleen Sebelius, U. S. Department of Health and Human Services, U. S. Department of Labor, U. S. Department of Treasury. (Pollack, Michael) (Entered: 12/23/2013)

RECAP
98 Dec. 26, 2013

NOTICE of Supplemental Authority by Jacob J. Lew, Thomas Perez, Kathleen Sebelius, U. S. Department of Health and Human Services, U. S. Department of Labor, U. S. Department of Treasury (Attachments: # 1 Exhibit Catholic Diocese of Nashville v. Sebelius)(Pollack, Michael) Modified on 12/27/2013 in order to update docket text (anc). (Entered: 12/26/2013)

1 Exhibit Catholic Diocese of Nashville v. Sebelius

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RECAP
99 Dec. 27, 2013

NOTICE by The Most Reverend John Hartmayer, The Most Reverend Wilton D. Gregory, The Roman Catholic Archdiocese of Atlanta, The Roman Catholic Diocese of Savannah regarding Supplemental Authority (Attachments: # 1 Exhibit Geneva College v. Sebelius decision, # 2 Exhibit Southern Nazarene v. Sebelius decision)(Smith, Edward) (Entered: 12/27/2013)

1 Exhibit Geneva College v. Sebelius decision

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2 Exhibit Southern Nazarene v. Sebelius decision

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RECAP
100 Dec. 27, 2013

RESPONSE re 99 Notice (Other), Response to Notice of Supplemental Authority filed by Jacob J. Lew, Thomas Perez, Kathleen Sebelius, U. S. Department of Health and Human Services, U. S. Department of Labor, U. S. Department of Treasury. (Pollack, Michael) (Entered: 12/27/2013)

RECAP

Case Details

State / Territory:

Georgia

Case Type(s):

Speech and Religious Freedom

Special Collection(s):

Contraception Insurance Mandate

Multi-LexSum (in sample)

Key Dates

Filing Date: Oct. 5, 2012

Closing Date: 2017

Case Ongoing: No

Plaintiffs

Plaintiff Description:

The Catholic Archdiocese of Atlanta, the Catholic Diocese of Savannah, GA, and affiliated Catholic organizations.

Plaintiff Type(s):

Non-profit religious organization

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

Jurisdiction-wide

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):

Due Process

Establishment Clause

Freedom of speech/association

Free Exercise Clause

Other Dockets:

Northern District of Georgia 1:12-cv-03489

Southern District of Alabama 1:13-cv-00521

U.S. Court of Appeals for the Eleventh Circuit 14-12890

U.S. Court of Appeals for the Eleventh Circuit 14-12696

Available Documents:

Any published opinion

Complaint (any)

Injunctive (or Injunctive-like) Relief

Trial Court Docket

Outcome

Prevailing Party: Plaintiff OR Mixed

Relief Granted:

Injunction / Injunctive-like Settlement

Preliminary injunction / Temp. restraining order

Source of Relief:

Settlement

Form of Settlement:

Voluntary Dismissal

Content of Injunction:

Preliminary relief granted

Issues

General/Misc.:

Religious programs / policies

Discrimination Basis:

Religion discrimination

Reproductive rights:

Abortion

Contraception

Recommended Citation