Case: Lindsay v. Sebelius

1:13-cv-01210 | U.S. District Court for the Northern District of Illinois

Filed Date: Feb. 14, 2013

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Case Summary

On February 14, 2013, the Catholic managing partner of a law firm and the law firm itself filed a lawsuit in the U.S. District Court for the Northern District of Illinois under 42 U.S.C. §1983 for violation of plaintiff's First Amendment rights to free speech, the Religious Freedom Restoration Act ("RFRA"), and the Administrative Procedures Act ("APA"), against the U.S. Departments of Health and Human Services, Labor, and the Treasury. The plaintiffs, represented by the American Center for Law and Justice, asked the court for both declaratory and injunctive relief, alleging the federal rules adopted pursuant to the 2010 Patient Protection and Affordable Care Act ("ACA") violated their religious freedom by requiring the corporation to provide employee insurance coverage for contraception through its group health insurance plan. Claiming that providing coverage for contraception would require them to violate their religious beliefs and moral values, the plaintiffs sought an exemption from the ACA's contraception mandate for themselves and other institutions with similar religious objections.

On February 28, 2013, plaintiffs moved for a preliminary injunction. On March 5, 2013, defendants entered a notice of non-opposition to the preliminary injunction and moved to stay proceedings. On March 7, 2013, the Honorable Sheila Finnegan remanded proceedings to U.S. District Judge Ronald A. Guzman in light of defendants' non-opposition.

On March 20, 2013, Judge Guzman granted plaintiffs' motion for a preliminary injunction and defendants' motion to stay proceedings pending resolution of Korte v. Sebelius and Grote v. Sebelius, two cases before the 7th Circuit Court of Appeals that also dealt with parties seeking exemption from the ACA on religious grounds. The 7th Circuit Court of Appeals decided Korte and Grote on November 9, 2013. The court held that the contraception mandate substantially burdened the religious exercise of plaintiff corporations and their owners under the Religious Freedom Act, the mandate did not serve a compelling government interest, and was not the least restrictive means of advancing such an interest.

On January 10, 2014, Judge Guzman granted plaintiffs’ unopposed motion to extend both the preliminary injunction and the stay of proceedings until forty-five days after the resolution of Sebelius v. Hobby Lobby Stores, Inc. and Conestoga Wood Specialties Corp. v. Sebelius, two cases in which the Supreme Court granted cert that also dealt with parties seeking exemption from the ACA on religious grounds.

After the Supreme Court issued its decisions in Hobby Lobby v. Sebelius and Conestoga Wood Specialties Corp. v. Sebelius on June 30, 2014, holding that the contraceptive mandate did substantially burden the exercise of religion under the RFRA for for-profit corporations, the defendants made multiple motions to stay the proceedings and extend the preliminary injunction while they re-evaluated how they wanted to proceed in the case. Finally, on October 15, 2014, the parties reached a joint agreement that, in light of the Supreme Court’s decision in Hobby Lobby, judgment should be entered in favor of the plaintiffs on their Religious Freedom Restoration Act claim. Judge Guzman signed the injunction and judgment on December 3, 2014, permanently enjoining the defendants from enforcing the Contraceptive Coverage Requirement, requiring the plaintiffs to provide their employees with health coverage for contraceptive methods. Plaintiffs did not submit a petition for attorneys’ fees or costs, which thereby concluded the case.

Summary Authors

Emma Lawton (11/11/2013)

Richard Jolly (4/4/2014)

Sarah Du (11/2/2017)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4261046/parties/lindsay-v-united-states-department-of-health-and-human-services/

Judge(s)

Castillo, Rubén (Illinois)

Attorney for Plaintiff

Attorney for Defendant

Bennett, Michelle Renee (District of Columbia)

Berwick, Benjamin Leon (District of Columbia)

Branda, Joyce R. (District of Columbia)

Fardon, Zachary T. (Illinois)

Judge(s)

Castillo, Rubén (Illinois)

Guzman, Ronald A. (Illinois)

Attorney for Plaintiff

Gammill, Carly F. (Tennessee)

Manion, Francis J (Kentucky)

Surtees, Geoffrey R. (Kentucky)

White, Edward L. III (Michigan)

Zimmerman, Erik M. (Kentucky)

Attorney for Defendant

Bennett, Michelle Renee (District of Columbia)

Berwick, Benjamin Leon (District of Columbia)

Branda, Joyce R. (District of Columbia)

Fardon, Zachary T. (Illinois)

Lieber, Sheila M. (District of Columbia)

Ricketts, Jennifer (District of Columbia)

Attorney Contact Information via CourtListener

Documents in the Clearinghouse

Documents in this case

1:13-cv-01210	Docket [PACER]	Dec. 3, 2014	Dec. 3, 2014 Docket
1 4:13-cv-00462	Complaint for Declaratory and Injunctive Relief	Feb. 14, 2013	Feb. 14, 2013 Complaint 2013 WL 552648
21 4:13-cv-00462	Agreed Preliminary Injunction	March 20, 2013	March 20, 2013 Order/Opinion
25 1:13-cv-01210	General Order Holding in Abeyance Civil Matters Involving the United States as a Party	Oct. 7, 2013	Oct. 7, 2013 Order/Opinion
26 1:13-cv-01210	Resetting of Deadlines in Civil Matters Involving the United States as a Party	Oct. 17, 2013	Oct. 17, 2013 Order/Opinion
27 1:13-cv-01210	Plaintiffs' Unopposed Motion to Extend Preliminary Injunction and Stay of Proceedings	Jan. 10, 2014	Jan. 10, 2014 Pleading / Motion / Brief
42 1:13-cv-01210	Joint Motion For Entry of Injunction and Judgment	Oct. 15, 2014	Oct. 15, 2014 Pleading / Motion / Brief
50 1:13-cv-01210	Injunction and Judgment	Dec. 3, 2014	Dec. 3, 2014 Order/Opinion

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/4261046/lindsay-v-united-states-department-of-health-and-human-services/

Last updated March 29, 2026, 4:55 a.m.

ECF Number	Date	Description	Link
1	Feb. 14, 2013	COMPLAINT filed by William C Lindsay, Lindsay, Rappaport and Postel, LLC; Filing fee $ 350, receipt number 0752-8047072.(Manion, Francis) (Entered: 02/14/2013)	RECAP
2	Feb. 14, 2013	CIVIL Cover Sheet (Manion, Francis) (Entered: 02/14/2013)	RECAP
3	Feb. 14, 2013	ATTORNEY Appearance for Plaintiffs William C Lindsay, Lindsay, Rappaport and Postel, LLC by Francis J Manion (Manion, Francis) (Entered: 02/14/2013)	RECAP
4	Feb. 14, 2013	ATTORNEY Appearance for Plaintiffs William C Lindsay, Lindsay, Rappaport and Postel, LLC by Geoffrey R Surtees (Surtees, Geoffrey) (Entered: 02/14/2013)	RECAP
5	Feb. 14, 2013	ATTORNEY Appearance for Plaintiffs William C Lindsay, Lindsay, Rappaport and Postel, LLC by Edward Lawrence White (White, Edward) (Entered: 02/14/2013)	RECAP
	Feb. 14, 2013	CASE ASSIGNED to the Honorable Ronald A. Guzman. Designated as Magistrate Judge the Honorable Sheila M. Finnegan. (cft, )
	Feb. 15, 2013	SUMMONS Issued, 4 originals, as to Seth Harris; Kathleen Sebelius, Sec of US Dept of Health & Human Servs.; Gary Shapiro, U.S. Attorney; and Eric H. Holder, Jr., U.S. Attorney General. (tlm)
	Feb. 15, 2013	SUMMONS Issued as to Neal Wolin, Acting Secretary, U.S. Department of Treasury. (tlm)
6	Feb. 25, 2013	SUMMONS Returned Executed by William C Lindsay, Lindsay, Rappaport and Postel, LLC as to All Defendants (Attachments: # 1 Exhibit)(Manion, Francis) (Entered: 02/25/2013) 1 Exhibit View on PACER	RECAP
7	Feb. 28, 2013	NOTICE of Motion by Francis J Manion for presentment of before Honorable Ronald A. Guzman on 3/12/2013 at 09:30 AM. (Manion, Francis) (Entered: 02/28/2013)	RECAP
8	Feb. 28, 2013	MOTION by Plaintiffs William C Lindsay, Lindsay, Rappaport and Postel, LLC for preliminary injunction (Attachments: # 1 Memorandum in Support, # 2 Exhibit Declaration of William Lindsay, # 3 Exhibit Triune Health v. U.S. Order)(Manion, Francis) (Entered: 02/28/2013) 1 Memorandum in Support View on PACER 2 Exhibit Declaration of William Lindsay View on PACER 3 Exhibit Triune Health v. U.S. Order View on PACER	RECAP
9	Feb. 28, 2013	MINUTE entry before Honorable Ronald A. Guzman: The Court orders the parties to appear for an initial status hearing. All parties shall refer to and comply with Judge Guzman's requirements for the initial appearance as outlined in Judge Guzman's case management procedures, which can be found at: www.ilnd.uscourts.gov. Status hearing set for 4/19/2013 at 09:30 AM. Mailed notice (cjg, ) (Entered: 02/28/2013)	RECAP
10	March 4, 2013	SUMMONS Returned Executed by William C Lindsay, Lindsay, Rappaport and Postel, LLC as to All Defendants (Attachments: # 1 Exhibit)(Manion, Francis) (Entered: 03/04/2013) 1 Exhibit View on PACER	RECAP
11	March 4, 2013	SUMMONS Returned Executed by William C Lindsay, Lindsay, Rappaport and Postel, LLC as to Seth Harris served on 2/25/2013, answer due 4/26/2013; United States Department of Labor served on 2/25/2013, answer due 4/26/2013 (Attachments: # 1 Exhibit)(Manion, Francis) (Entered: 03/04/2013) 1 Exhibit View on PACER	RECAP
12	March 4, 2013	SUMMONS Returned Executed by William C Lindsay, Lindsay, Rappaport and Postel, LLC as to Kathleen Sebelius, Sec of US Dept of Health & Human Servs. served on 2/25/2013, answer due 4/26/2013; United States Department of Health and Human Services served on 2/25/2013, answer due 4/26/2013 (Attachments: # 1 Exhibit)(Manion, Francis) (Entered: 03/04/2013) 1 Exhibit View on PACER	RECAP
13	March 5, 2013	MINUTE entry before Honorable Ronald A. Guzman: Notice of motion set for 3/12/13 is stricken. Motion by Plaintiffs William C Lindsay, Lindsay, Rappaport and Postel, LLC for preliminary injunction 8 is being referred to Magistrate Judge Finnegan. Mailed notice (cjg, ) (Entered: 03/05/2013)	RECAP
14	March 5, 2013	RESPONSE by Seth Harris, Kathleen Sebelius, Sec of US Dept of Health & Human Servs., United States Department of Health and Human Services, United States Department of Labor, United States Department of the Treasury, Neal Wolin to MOTION by Plaintiffs William C Lindsay, Lindsay, Rappaport and Postel, LLC for preliminary injunction 8 (Notice of Non-Opposition) (Berwick, Benjamin) (Entered: 03/05/2013)	RECAP
15	March 5, 2013	MOTION by Defendants Seth Harris, Kathleen Sebelius, Sec of US Dept of Health & Human Servs., United States Department of Health and Human Services, United States Department of Labor, United States Department of the Treasury, Neal Wolin to stay district court proceedings (unopposed) (Berwick, Benjamin) (Entered: 03/05/2013)	RECAP
16	March 5, 2013	EXECUTIVE COMMITTEE ORDER:Case referred to the Honorable Sheila M. Finnegan pursuant to Local Rule 72.1. Signed by Honorable Sheila M. Finnegan on 3/5/2013.(nf, ) (Entered: 03/07/2013)	RECAP
18	March 7, 2013	MINUTE entry before Honorable Sheila Finnegan: In light of defendants' non-opposition to Plaintiffs' motion for preliminary injunction 8, the referral to this Court for a hearing on that motion is closed and the case is returned to the district judge for further proceedings, including a ruling on defendants' motion for a stay 15 . Honorable Sheila Finnegan no longer referred to the case. Mailed notice. (is, ) (Entered: 03/07/2013)	RECAP
19	March 8, 2013	ATTORNEY Appearance for Defendants Seth Harris, Kathleen Sebelius, Sec of US Dept of Health & Human Servs., United States Department of Health and Human Services, United States Department of Labor, United States Department of the Treasury, Neal Wolin by Benjamin Leon Berwick (Berwick, Benjamin) (Entered: 03/08/2013)	RECAP
20	March 20, 2013	MINUTE entry before Honorable Ronald A. Guzman: By agreement of the parties, the Court grants plaintiff's motion for a preliminary injunction 8, enters agreed preliminary injunction and grants defendants' motion to stay these proceedings 15 pending the Seventh Circuit's resolution of the consolidated appeals in Korte v. Sebelius, No. 12-3841 and Grote v. Sebelius, No. 13-077. The parties are ordered to notify the Court of the Seventh Circuit's decision within seven days after it is issued. Mailed notice (cjg, ) (Entered: 03/20/2013)	RECAP
21	March 20, 2013	AGREED PRELIMINARY INJUNCTION signed by the Honorable Ronald A. Guzman on 3/20/2013. Mailed notice(cjg, ) (Entered: 03/20/2013)	RECAP
22	March 20, 2013	MINUTE entry before Honorable Ronald A. Guzman: Status hearing set for 4/19/13 is stricken. Mailed notice (cjg, ) (Entered: 03/20/2013)	RECAP
23	April 19, 2013	ATTORNEY Appearance for Defendants Seth Harris, Kathleen Sebelius, Sec of US Dept of Health & Human Servs., United States Department of Health and Human Services, United States Department of Labor, United States Department of the Treasury, Neal Wolin by Michelle Renee Bennett (Bennett, Michelle) (Entered: 04/19/2013)	RECAP
24	July 6, 2013	NOTICE by Edward Lawrence White of Change of Address (White, Edward) (Entered: 07/06/2013)	RECAP
25	Oct. 7, 2013	GENERAL ORDER 13-0018 dated 10/7/13: IT IS HEREBY ORDERED, effective October 1, 2013, that all civil litigation involving as a party the United States of America, is immediately suspended, postponed and held in abeyance continuing for a period of fourteen (14) days from the date of entry of this General Order (For Further Details See Attached Order). "Signed by Chief Judge Castillo." Mailed notice(vcf, ) (Entered: 10/07/2013)	RECAP
26	Oct. 17, 2013	GENERAL ORDER 13-0019 dated 10/17/13: IT IS THEREFORE ORDERED, that the stay entered by General Order 13-0018 is hereby lifted, and any and all deadlines in the affected civil litigation (whether established by order, rule, or agreement), including but not limited to any scheduled discovery and pleading dates, are extended by 28 days. The Court warns litigants that this General Order does not purport to affect rights to or deadlines concerning appeal from any decision of this Court. Any litigant affected by this General Order may see relief from the order by motion. Trial dates in the affected cases will stand, although they may need to be adjusted in individual cases to account for the extension of other dates. The Court may, in any particular case, vary the effect or operation of this General Order by a separate ruling. (For Further Details See Attached Order). "Signed by Chief Judge Castillo."Mailed notice(vcf, ) (Entered: 10/18/2013)	RECAP
27	Jan. 10, 2014	MOTION by Plaintiffs William C Lindsay, Lindsay, Rappaport and Postel, LLC to stay proceedings and extend preliminary injunction (Attachments: # 1 Exhibit Notice of Issuance of Mandate)(Manion, Francis) (Entered: 01/10/2014) 1 Exhibit Notice of Issuance of Mandate View on PACER	RECAP
28	Jan. 10, 2014	NOTICE of Motion by Francis J Manion for presentment of motion to stay 27 before Honorable Ronald A. Guzman on 1/21/2014 at 09:30 AM. (Manion, Francis) (Entered: 01/10/2014)	RECAP
29	Jan. 10, 2014	MINUTE entry before the Honorable Ronald A. Guzman: Notice of motion hearing set for 1/21/2014 is stricken. Unopposed motion by Plaintiffs William C Lindsay, Lindsay, Rappaport and Postel, LLC to stay proceedings and extend preliminary injunction 27 is granted. Mailed notice (cjg, ) (Entered: 01/10/2014)	RECAP
30	July 9, 2014	MINUTE entry before the Honorable Ronald A. Guzman: Status hearing set for 7/30/2014 at 09:30 AM.Mailed notice (cjg, ) (Entered: 07/09/2014)	RECAP
31	July 24, 2014	MOTION by Defendants Seth Harris, Kathleen Sebelius, Sec of US Dept of Health & Human Servs., United States Department of Health and Human Services, United States Department of Labor, United States Department of the Treasury, Neal Wolin to reset status hearing (Bennett, Michelle) (Entered: 07/24/2014)	RECAP
32	July 24, 2014	NOTICE of Motion by Michelle Renee Bennett for presentment of motion to reset, 31 before Honorable Ronald A. Guzman on 7/29/2014 at 09:30 AM. (Bennett, Michelle) (Entered: 07/24/2014)	RECAP
33	July 28, 2014	MINUTE entry before the Honorable Ronald A. Guzman: Notice of motion hearing set for 7/29/2014 is stricken. Unopposed motion by Defendants Seth Harris, Kathleen Sebelius, Sec of US Dept of Health & Human Servs., United States Department of Health and Human Services, United States Department of Labor, United States Department of the Treasury, Neal Wolin to reset status hearing 31 is granted. Status hearing set for 7/30/2014 is stricken and reset to 9/11/2014 at 09:30 AM. Preliminary injunction is extended to 9/13/2014. Mailed notice (cjg, ) (Entered: 07/28/2014)	RECAP
34	Sept. 5, 2014	MOTION by Defendants Seth Harris, Kathleen Sebelius, Sec of US Dept of Health & Human Servs., United States Department of Health and Human Services, United States Department of Labor, United States Department of the Treasury, Neal Wolin to reset status hearing (Bennett, Michelle) (Entered: 09/05/2014)	RECAP
35	Sept. 5, 2014	NOTICE of Motion by Michelle Renee Bennett for presentment of motion to reset, 34 before Honorable Ronald A. Guzman on 9/11/2014 at 09:30 AM. (Bennett, Michelle) (Entered: 09/05/2014)	RECAP
36	Sept. 8, 2014	MINUTE entry before the Honorable Ronald A. Guzman: Notice of motion hearing set for 9/11/2014 is stricken and no appearance is necessary. Motion by Defendants Seth Harris, Kathleen Sebelius, Sec of US Dept of Health & Human Servs., United States Department of Health and Human Services, United States Department of Labor, United States Department of the Treasury, Neal Wolin to reset status hearing 34 is granted. Status hearing set for 9/11/2014 is stricken and reset to 9/29/2014 at 09:30 AM. Upon parties agreement, the preliminary injunction is extended until October 13, 2014. Mailed notice (cjg, ) (Entered: 09/08/2014)	RECAP
37	Sept. 23, 2014	MOTION by Defendants Seth Harris, Kathleen Sebelius, Sec of US Dept of Health & Human Servs., United States Department of Health and Human Services, United States Department of Labor, United States Department of the Treasury, Neal Wolin to vacate September 29, 2014 Status Hearing (Bennett, Michelle) (Entered: 09/23/2014)	RECAP
38	Sept. 23, 2014	NOTICE of Motion by Michelle Renee Bennett for presentment of motion to vacate, 37 before Honorable Ronald A. Guzman on 9/30/2014 at 09:30 AM. (Bennett, Michelle) (Entered: 09/23/2014)	RECAP
39	Sept. 24, 2014	MINUTE entry before the Honorable Ronald A. Guzman: Notice of motion set for 9/30/2014 is stricken. Motion by Defendants Seth Harris, Kathleen Sebelius, Sec of US Dept of Health & Human Servs., United States Department of Health and Human Services, United States Department of Labor, United States Department of the Treasury, Neal Wolin to vacate September 29, 2014 Status Hearing 37 is granted. Status hearing set for 9/29/2014 is stricken. It is hereby ordered that the parties, by October 20, 2014, submit either a joint proposed injunction and judgment, or a joint proposal for resolving any remaining dispute about the scope of the injunction and judgment to be entered. It is further ordered that the preliminary injunction that is currently in effect is extended until such time as the Court enters final judgment in this matter. Mailed notice (cjg, ) (Entered: 09/24/2014)	RECAP
40	Sept. 25, 2014	MINUTE entry before the Honorable Ronald A. Guzman: Status hearing set for 9/29/2014 is stricken and reset to 10/8/2014 at 09:30 AM. on Court's own motion. Mailed notice (cjg, ) (Entered: 09/25/2014)	RECAP
41	Sept. 26, 2014	MINUTE entry before the Honorable Ronald A. Guzman: Status hearing set for 10/8/2014 is stricken on Court's own motion. Mailed notice (cjg, ) (Entered: 09/26/2014)	RECAP
42	Oct. 15, 2014	MOTION by Defendants Seth Harris, Kathleen Sebelius, Sec of US Dept of Health & Human Servs., United States Department of Health and Human Services, United States Department of Labor, United States Department of the Treasury, Neal Wolin to approve consent judgment (Joint Motion for Entry of Injunction and Judgment) (Attachments: # 1 Text of Proposed Order)(Bennett, Michelle) (Entered: 10/15/2014) 1 Text of Proposed Order View on PACER	RECAP
43	Oct. 15, 2014	NOTICE of Motion by Michelle Renee Bennett for presentment of motion to approve consent judgment, 42 before Honorable Ronald A. Guzman on 10/21/2014 at 09:30 AM. (Bennett, Michelle) (Entered: 10/15/2014)	RECAP
44	Oct. 20, 2014	MINUTE entry before the Honorable Ronald A. Guzman: Notice of motion hearing as to motion by Defendants Seth Harris, Kathleen Sebelius, Sec of US Dept of Health & Human Servs., United States Department of Health and Human Services, United States Department of Labor, United States Department of the Treasury, Neal Wolin to approve consent judgment 42 set for 10/21/2014 is stricken on request of Defendants and will be re-noticed.Mailed notice (cjg, ) (Entered: 10/20/2014)	RECAP
45	Oct. 20, 2014	NOTICE of Motion by Michelle Renee Bennett for presentment of motion to approve consent judgment, 42 before Honorable Ronald A. Guzman on 11/4/2014 at 09:30 AM. (Bennett, Michelle) (Entered: 10/20/2014)	RECAP
46	Oct. 29, 2014	NOTICE of Motion by Michelle Renee Bennett for presentment of motion to approve consent judgment, 42 before Honorable Ronald A. Guzman on 11/13/2014 at 09:30 AM. (Bennett, Michelle) (Entered: 10/29/2014)	RECAP
47	Nov. 13, 2014	MINUTE entry before the Honorable Ronald A. Guzman: Motion hearing held on 11/13/2014. Motion by Defendants Seth Harris, Kathleen Sebelius, Sec of US Dept of Health & Human Servs., United States Department of Health and Human Services, United States Department of Labor, United States Department of the Treasury, Neal Wolin to approve consent judgment 42 is granted. Civil case terminated. Mailed notice (cjg, ) (Entered: 11/14/2014)	RECAP
48	Dec. 2, 2014	MINUTE entry before the Honorable Ronald A. Guzman: The Court orders the parties to appear for an initial status hearing. All parties shall refer to and comply with Judge Guzman's requirements for the initial appearance as outlined in Judge Guzman's case management procedures, which can be found at: www.ilnd.uscourts.gov. Status hearing set for 2/2/2015 at 09:30 AM. Mailed notice (cjg, ) (Entered: 12/02/2014)	RECAP
49	Dec. 2, 2014	MINUTE entry before the Honorable Ronald A. Guzman: Minute entry dated 2/2/2014 48 is stricken as entered in error on the wrong docket. Mailed notice (cjg, ) (Entered: 12/02/2014)	RECAP
50	Dec. 3, 2014	INJUNCTION AND JUDGMENT signed by the Honorable Ronald A. Guzman on 12/3/2014. Mailed notice(cjg, ) (Entered: 12/03/2014)	RECAP