+ All Categories
Home > Documents > VENUE HEALTH REFORM LITIGATION Constitutional Challenges · 04/19/2011– Motion for Extension of...

VENUE HEALTH REFORM LITIGATION Constitutional Challenges · 04/19/2011– Motion for Extension of...

Date post: 08-Oct-2020
Category:
Upload: others
View: 0 times
Download: 0 times
Share this document with a friend
48
1 Nat’l Health Law Program Contact: Jina Dhillon UPDATED: May 10, 2013 VENUE HEALTH REFORM LITIGATION Constitutional Challenges Western District of Virginia Held: Mandate Constitutional Appealed Liberty Univ. v. Geithner, No. 6:10-cv-00015 – Judge Normal K. Moon 03/23/2010 – Complaint 07/30/2010 – First Amended Complaint 08/13/2010 – Motion to Dismiss Filed by Defendants 09/03/2010 – Opposition to Motion to Dismiss 09/22/2010 – Reply in Support of Motion to Dismiss 10/22/2010 – Oral argument on Motion to Dismiss (transcript available) 11/30/2010 – Mem. Opinion Granting Motion to Dismiss 12/01/2010 – Notice of Appeal 09/08/2011 – Opinion from 4 th circuit 10/31/2011 – Mandate received 11/07/2011 – Order vacating 11/30 order and dismissing case for lack of jurisdiction 08/13/2012 – Appeal remark – motion to stay mandate denied 4th Cir. Ct. of App. Held: No subject matter jurisdiction (Anti-Injunc. Act) Pet. for Cert. granted, vacated and remanded Liberty Univ. v. Geithner, No. 10-2347 12/03/2010 – Appeal docketed (from No. 6:10-cv-00015, see above) 01/26/2011 – Order consolidating oral argument in seriatim with Commonwealth of Va., above 01/18/2011 – Opening Brief filed by Liberty Univ. 1/21-25/2011 – Amici Briefs supporting Liberty Univ. from Mountain States Legal Found.; Revere America Found.; American Civil Liberties Union 02/18/2011 – Response Brief filed by Sec. Geithner 02/25/2011 – Amici Briefs supporting Sec. Geithner filed by American Ass’n of People with Disabilities etc.; Am. Nurses Ass’n etc.; Constit. Law Professors; AHA; Nat’l Women’s Law Ctr.; Sen. Reid etc.; ACLU; AFSCME; AAP etc.; 03/04/2011 – Reply Brief filed by Liberty Univ. 05/10/2011 – Oral argument (Judges Motz, Davis, Wynn) 05/23/2011 – Court order requesting supplemental briefing 05/31/2011 – Supp. briefs by Appellants and Appellees
Transcript
Page 1: VENUE HEALTH REFORM LITIGATION Constitutional Challenges · 04/19/2011– Motion for Extension of Time to Reply to Motion Response 04/20/2011– Minute Order granting Defendant’s

1

Nat’l Health Law Program

Contact: Jina Dhillon UPDATED: May 10, 2013

VENUE HEALTH REFORM LITIGATION

Constitutional Challenges

Western District of Virginia

Held: Mandate Constitutional

Appealed

Liberty Univ. v. Geithner, No. 6:10-cv-00015 – Judge Normal K. Moon

03/23/2010 – Complaint 07/30/2010 – First Amended Complaint 08/13/2010 – Motion to Dismiss Filed by Defendants 09/03/2010 – Opposition to Motion to Dismiss 09/22/2010 – Reply in Support of Motion to Dismiss 10/22/2010 – Oral argument on Motion to Dismiss (transcript

available) 11/30/2010 – Mem. Opinion Granting Motion to Dismiss 12/01/2010 – Notice of Appeal 09/08/2011 – Opinion from 4th circuit 10/31/2011 – Mandate received 11/07/2011 – Order vacating 11/30 order and dismissing case for

lack of jurisdiction 08/13/2012 – Appeal remark – motion to stay mandate denied

4th Cir. Ct. of App.

Held: No subject matter

jurisdiction (Anti-Injunc.

Act)

Pet. for Cert. granted, vacated

and remanded

Liberty Univ. v. Geithner, No. 10-2347

12/03/2010 – Appeal docketed (from No. 6:10-cv-00015, see above)

01/26/2011 – Order consolidating oral argument in seriatim with Commonwealth of Va., above

01/18/2011 – Opening Brief filed by Liberty Univ. 1/21-25/2011 – Amici Briefs supporting Liberty Univ. from

Mountain States Legal Found.; Revere America Found.; American Civil Liberties Union

02/18/2011 – Response Brief filed by Sec. Geithner 02/25/2011 – Amici Briefs supporting Sec. Geithner filed by

American Ass’n of People with Disabilities etc.; Am. Nurses Ass’n etc.; Constit. Law Professors; AHA; Nat’l Women’s Law Ctr.; Sen. Reid etc.; ACLU; AFSCME; AAP etc.;

03/04/2011 – Reply Brief filed by Liberty Univ. 05/10/2011 – Oral argument (Judges Motz, Davis, Wynn) 05/23/2011 – Court order requesting supplemental briefing 05/31/2011 – Supp. briefs by Appellants and Appellees

Page 2: VENUE HEALTH REFORM LITIGATION Constitutional Challenges · 04/19/2011– Motion for Extension of Time to Reply to Motion Response 04/20/2011– Minute Order granting Defendant’s

2

07/06/2011 – Supp. authority filled by Appellee Geithner (Thomas More Law Ctr., 6th Cir.)

08/08/2011 – Supp. authority filed by Appellee (New Jersey Physicians, 3d Cir.)

08/12/2011 – Supp. authority filed by Appellant (Fla. v. Sebelius, 11th Cir.)

08/18/2011 – Supp. authority filed by Appellee (Baldwin, 9th Cir.) 09/08/2011 – Opinion dismissing case based on Anti-Injunction

Act 10/31/2011 – Mandate issued 06/29/2012 – Supreme Court remark – Certiorari denied 07/20/2012 – Motion by Liberty Univ. to stay mandate 08/13/2012 – Order denying motion to stay 11/26/2012 – Supreme Court remark – 6/29/12 order denying

cert. vacated; petition for cert. granted; judgment vacated; and case remanded for consideration in light of NFIB v. Sebelius

12/28/2012 – Supreme Court remark – certified copy of judgment sent to 4th Cir.

02/27/2013 – Appellant Supp. Brief 03/06/2013 – Amicus/Intervenor Brief by American Civil Rights

Union 03/06/2013 – Amicus Brief by Family Research Council 03/06/2013 – Amicus Brief by Breast Cancer Prevention Institute

and Life Legal Defense Foundation 03/06/2013 – Amicus Brief by Landmark Legal Foundation 03/06/2013 – Amicus Brief by Project Liberty 03/06/2013 – Amicus Brief by David Boyle 03/07/2013 – Amicus Brief by Members of Legatus, Catholic

Medical Association 03/07/2013 – Amicus Brief by Foundation for Moral Law 03/07/2013 – Amicus Brief by Virginia Family Foundation, et al. 04/04/2013 – Appellee Response Brief 04/10/2013 – Amicus Brief by Am. College of Obstetrics &

Gynecoogists, et al. 04/11/2013 – Amicus Brief by American Civil Liberties Union, et al. 04/12/2013 – Appellant Supp. Reply Brief 05/16/2013 – Oral Argument

United States Supreme Court

Petition for Cert.

granted, case vacated and

Liberty Univ. v. Geithner, No. 11-438

10/07/2011 – Liberty Univ. Pet. for Writ of Cert. 10/18/2011 – Geithner Response 10/28/2011 – Liberty Univ. Reply 06/29/2012 – Petition denied

Page 3: VENUE HEALTH REFORM LITIGATION Constitutional Challenges · 04/19/2011– Motion for Extension of Time to Reply to Motion Response 04/20/2011– Minute Order granting Defendant’s

3

remanded in light of NFIB

07/23/2012 – Petition for rehearing filed 10/31/2012 – Br. of Geithner on petition for rehearing 11/26/2012 – Pet. for rehearing granted. Order of 6/29 vacated;

Pet. for cert. granted; judgment vacated; case remanded for reconsid. in light of NFIB v. Sebelius

Northern District of Ohio

Held: Mandate constitutional

Appealed

US Citizens Ass’n v. Sebelius, No. 5:10-cv-1065 – Judge David Dowd

05/12/2010 – Complaint 07/06/2010 – Motion to Dismiss Plaintiffs Glick and Ellison filed by

Glick and Ellison 07/13/2010 – Order Granting Motion to Dismiss Glick and Ellison 07/13/2010 – Case Management Conference Scheduling Order 08/12/2010 – Motion to Dismiss 09/01/2010 – First Amended Complaint 09/08/2010 – Order denying Defendants’ Motion to Dismiss as

moot 09/08/2010 – Order granting Defendants’ Motion to Stay Summary

Judgment Pending Motion to Dismiss ruling 09/16/2010 – Second Amended Complaint 10/08/2010 – Defendants’ Motion to Dismiss Second Amended

Complaint 10/28/2010 – Opposition to Defendants’ Motion to Dismiss 11/02/2010 – Amicus brief in Support of Plaintiffs(Alliance for

Natural Health US) 11/19/2010 – Defendants’ Reply in Support of Motion to Dismiss 11/22/2010 – Order denying in part, granting in part Defs.’ Motion

to Dismiss 01/05/2011 – Defendant’s Answer to Second Amended Complaint

filed 01/24/2011 –Motion for Summary Judgment filed by Plaintiffs 01/24/2011 – Motion for Summary Judgment filed by Defendants 02/02/2011 – Notice of Supplemental Authority by Plaintiffs (Fla.

dec.) 02/14/2011 – Opp. to Defendants’ Motion for Summary Judgment

filed by Plaintiffs 02/14/2011 – Opp. to Plaintiffs’ Motion for Summary Judgment

filed by Defendants 02/28/2011 – Judgment Order Dismissing Remaining Counts 03/07/2011 – Motion to Clarify or Reconsider filed by US Citizens

Ass’n and request for ruling by 5/02/2011 03/14/2011 – Opposition to Motion to Clarify 03/14/2011 – Reply Supporting of Motion to Clarify 03/17/2011 – Order denying Plaintiffs’ request for ruling by

5/02/2011

Page 4: VENUE HEALTH REFORM LITIGATION Constitutional Challenges · 04/19/2011– Motion for Extension of Time to Reply to Motion Response 04/20/2011– Minute Order granting Defendant’s

4

03/18/2011 – Notice of Appeal 04/27/2011 – Order deferring ruling pending decision by Sixth

Circuit in Thomas Moore 07/01/2011 – Order that this Court is bound by the 6th Cir. Ruling

in Thomas More 07/13/2011 – Notice of Appeal

6th Cir. Ct. of App.

Affirmed

US Citizens Ass’n v. Kathleen Sebelius, No. 11-3327 (consolidated with 11-3798)

03/30/2011 – Case docketed (from No. 5:10-cv-1065, above) 05/06/2011 – Opening Brief of Appellant U.S. Citizens Ass’n re:

Count 2: Violation of freedom of expressive and intimate association, Count 3: Violation of 5th Amendment Due Process, Count 4: Right to Privacy)

07/06/2011 – Corrected response brief from Appellee 07/18/2011 – Reply Brief filed by Appellants 08/16/2011 – Supp. authority from Appellants (Fla. v. Sebelius,

11th Cir.) 09/23/2011 – Order consolidating cases and referred (Guy, Sutton

and Griffin) 11/17/2011 – Notice of additional citation (SCOTUS review in

Florida case) 03/12/2012 – Mot. of USA to hold oral argument in abeyance

pending SCOTUS review 03/19/2012 – Stay granted 07/05/2012 – Motion to vacate stay 07/09/2012 – Order granting motion to vacate stay 09/19/2012 – Case submitted (Suhrheinrich, Stranch and Donald) 10/30/2012 – Letter stating case will be submitted on briefs

without oral argument 02/01/2013 – Opinion and Judgment Affirming Motion to Dismiss

and Summary Judgment

Western District of Oklahoma

Stayed

Calvey v. Obama, No. 5:10-cv-00353 – Judge David Russell

04/07/2010 – Complaint 08/06/2010 – Amended Complaint 02/15/2011 – Motion to Dismiss for Lack of Jurisdiction filed by

Defendants 03/09/2011 – Motion for Extension of Time to File Response to

Mot. to Dismiss 03/22/2011 – Motion to Amend/Correct Complaint filed by Calvey 03/22, 23, & 25/2011 – Response to Defendants’ Motion to Dismiss

filed by Calvey

Page 5: VENUE HEALTH REFORM LITIGATION Constitutional Challenges · 04/19/2011– Motion for Extension of Time to Reply to Motion Response 04/20/2011– Minute Order granting Defendant’s

5

03/23 & 25/2011 – Motion to Amend/Correct Complaint filed by Calvey

03/30/2011 – Reply supporting Motion to Dismiss filed by Obama 04/26/2011 – Order granting in part and denying in part Motion to

Dismiss for Lack of Jurisdiction; granting Motion to Amend amended complaint.

05/10/2011– Answer filed by Defendant 11/08/2011– Order Staying Case pending SCOTUS review in

Florida case

Eastern District Oklahoma

Pruitt v. Sebelius et al, No. 6:11-cv-00030 – Judge Ronald A. White

01/21/2011 – Complaint 02/04/2011 – Summons returned executed 03/28/2011 – Motion to Dismiss for Lack of Jurisdiction filed by

Defendants 04/08/2011 – Response in Opposition to Motion to Dismiss by

Plaintiff 04/19/2011– Motion for Extension of Time to Reply to Motion

Response 04/20/2011– Minute Order granting Defendant’s Motion for

Extension of Time 04/26/2011– Reply in Support of Motion to Dismiss by Defendant 09/22/2011– Def. Notice of Supp. Auth. (4th circuit decision) 11/16/2011– Order to show cause why case should not be stayed

pending SCOTUS review of Florida case 11/17/2011– Response agreeing case should be stayed 11/23/2011– Order Staying Case pending SCOTUS review in

Florida case 07/27/2012 – Motion to lift stay 09/12/2012 – Order granting motion to lift stay 09/12/2012 –Amended Complaint (no preemption; final exchange

rule violates APA) 09/24/2012 – Order finding Defendant’s motion to dismiss original

compl. Moot 12/03/2012 – Defendant’s Motion to Dismiss for Lack of

Jurisdiction 12/06/2012 – Mot. to Intervene by GC Restaurants, Old English

Lion and Rose, challenging § 36B premium assistance regulations as invalid under APA, with Complaint in Intervention

12/20/2012 – Defendant’s Opp. to Intervention 01/02/2013 – Plaintiffs’ Response in Support of Intervention 01/25/2013 – Response in Opposition to Motion to Dismiss 01/25/2013 – Reply in Support of Intervention

Page 6: VENUE HEALTH REFORM LITIGATION Constitutional Challenges · 04/19/2011– Motion for Extension of Time to Reply to Motion Response 04/20/2011– Minute Order granting Defendant’s

6

02/08/2013 – Reply in Support of Motion to Dismiss

Southern District of

Mississippi

Stayed, except privacy claims

Def. Mot. to

Dismiss privacy claims granted

Appealed to 5th Cir. Ct. of App.

Bryant and Walters v. Holder, No. 2:10-cv-76 – Judge Keith Starrett

04/02/2010 – Petition filed 04/09/2010 – First Amended Petition, adding Plaintiff Lt. Gov. Phil

Bryant 08/01/2010 – Motion to Dismiss by Defendants 11/15/2010 – Opposition to Motion to Dismiss by Plaintiffs 11/22/2010 – Memorandum in Opposition filed separately by Phil

Bryant 01/21/2011 – Reply in Support of Motion to Dismiss 02/03/2011 – Order dismissing First Amended Petition (with leave

to refile w/i 30days); Order granting in part and denying in part Motion to Dismiss

03/04/2011 – Amended Complaint filed by Plaintiffs 03/21/2011 – Motion for Extension of Time to File Answer filed by

Defendants 03/21/2011 – Order granting Defendants’ Motion to Extend time to

Answer 04/12/2011 – Motion to Dismiss and for Jurisdictional Discovery

filed by Defendants 05/20/2011 – Opposition of Motion to Dismiss and Jurisdictional

Discovery 05/31/2011 – Order granting Defendant extension of time to reply

to Motion to Dismiss 07/05/2011 – Defendants’ reply (rebuttal ) to Motion to Dismiss 08/16/2011 – Supp. authority from Defendant (New Jersey

Physicians, 3d Cir.) 08/17/2011 – Response to supp. authority and supp. authority

from Plf. (Fla. ,11th Cir.) 08/18/2011 – Response to supp. authority from Def. 08/29/2011 – Order granting in part & denying in part Defendants’

motion to dismiss (and allowing plfs. to proceed with their individual mandate challenge)

09/12/2011 – Answer 11/16/2011 – Joint Mot. to Stay Proceedings pending SCOTUS

review in Florida case 11/23/2011 – Stay pending SCOTUS review in Fla. case, EXCEPT

privacy claims 02/01/2012 – Order extending time to complete discovery 04/11/2012 – Order granting in part and denying in part a motion

by Def. to compel discovery 05/01/2012 – Motion to Dismiss Plfs. not responding to discovery 05/01/2012 – Motion and Mem. for Summ. J. filed by Def.

Page 7: VENUE HEALTH REFORM LITIGATION Constitutional Challenges · 04/19/2011– Motion for Extension of Time to Reply to Motion Response 04/20/2011– Minute Order granting Defendant’s

7

05/01/2012 – Mem. in Support of Summ. J. filed by Bryant 07/06/2012 – Opp. To Bryant’s Mot. for Summ J. filed by Def. 07/06/2012 – Opp. to Geithner's Mot. for Summ. J. filed by Bryant 07/20/2012 – Resp. on Summ. J. filed by Def. 07/20/2012 – Resp. on Summ. J. filed by Bryant 08/13/2012 – Order granting Defs.’ Motion to Dismiss Plfs. 08/23/2012 – Order granting Defs’ Mot. for Summ. J. re: privacy

claims 09/05/2012 – Judgment entered 10/23/2012 – Notice of Appeal

5th Cir. Ct. of App.

Case dismissed

Walters v. Holder, No. 12-60844, on appeal from No. 2:10-cv-00076

10/29/2012 – Notice of Appeal 12/12/2012 – Notice Appellant’s Br. due 12/19/2012 – Order dismissing appeal for failing to file brief &

record

District of Columbia

District Court

Case dismissed

Appealed to D.C. Cir. Ct. of App.

Ass’n of Am. Physicians & Surgeons v. Sebelius, No. 1:10-cv-499 – Judge Amy Berman Jackson

03/26/2010 – Complaint 05/12/2010 – Response to Notice of Related Case 05/24/2010 – Reply to Response to Notice of Related Case filed by

Plaintiffs 06/07/2010 – Defendants’ Reply re: Opposition to Related-Case

Designation 06/11/2010 – Order - Case Reassigned to Judge Richard J. Leon 07/29/2010 – Motion to Dismiss Complaint Filed by Defendants 09/08/2010 – Consent Motion to File Second Amended Complaint 09/13/2010 – Second Amended Complaint Filed 11/12/2010 – Motion to Dismiss filed by Defendants 11/22/2010 – Motion to Stay Summary Judgment and Discovery

filed by Defendants 12/09/2010 – Opposition to Stay filed by Plaintiffs 12/20/2010 – Reply to Memo opposing Motion to Stay filed by

Defendants 12/24/2010 – Order granting Defendants’ Motion to Stay Summary

Judgment and Discovery 01/10/2011 – Response to Motion to Dismiss filed by Plaintiffs 01/13/2011 – Order denying Motion to Dismiss as moot 02/14/2011 – Defendants’ Reply in Support of Motion to Dismiss

Second Amended Complaint 03/30/2011 – Case reassigned to U.S. District Judge Amy Berman

Jackson. Judge Richard J. Leon no longer assigned to

Page 8: VENUE HEALTH REFORM LITIGATION Constitutional Challenges · 04/19/2011– Motion for Extension of Time to Reply to Motion Response 04/20/2011– Minute Order granting Defendant’s

8

the case. 04/8/2011 – Notice of Supplemental Authority by Defendants (Hall

decision) 10/07/2011 – Geithner Motion to Stay pending decisions in

SCOTUS & DC Cir cases 10/24/2011 – Opp. to Mot. to Stay 11/08/2011 – Order granting Stay 07/13/2012 – Order lifting stay 07/27/2012 – Supplemental Mem. from U.S. 07/27/2012 – Supplemental Mem. from Plfs. 10/03/2012 – Order for Def. to address whether individual

mandate constitutes unconstitutional taking in violation of 5th Am.

10/12/2012 – Def. Resp. to 10/3/12 Order 10/19/2012 – AAPS Resp. to 10/3/12 Order 10/31/2012 – Order and Opinion granting Motion to Dismiss 12/28/2012 – Notice of Appeal

D.C. Cir. Ct. of App.

Ass’n of Amer. Physicians & Surgeons v. Kathleen Sebelius, No. 13-5003

01/07/2013 – Appeal docketed (from No. 10-cv-00499) 03/13/2013 – Emergency Motion for Injunction as to Count IV by

Appellant

03/28/2013 – Response in Opp. to Emergency Motion for Injunction

04/08/2013 – Reply in Supp. of Emergency Motion 04/17/2013 – Order Denying Emergency Motion for Injunction

District of Columbia

District Court

Sissel v. U.S. Dep’t of Health & Human Servs., No. 1:10-cv-01263 – Judge Beryl A. Howell

07/26/2010 – Complaint 07/26/2010 – Notice of Related Case by Plaintiff Sissel 10/25/2010 – Opp. to Notice of Related Case filed by Defendants 11/03/2010 – Response in Support of Notice of Related Case 11/12/2010 – Reply in Opposition to Plaintiff’s Response re Notice

of Related Case 11/15/2010 – Motion to Dismiss 12/16/2010 – Response to Motion to Dismiss filed by Plaintiffs 01/05/2011 – Order staying discovery pending resolution of

Defendants’ Motion to Dismiss 01/18/2011 – Reply to Plaintiffs’ Response to Motion to Dismiss

filed by Defendants 02/28/2011 – Notice of Supp. Authority by Defendants

(Mead/Seven Sky, D.C.D.C.

Page 9: VENUE HEALTH REFORM LITIGATION Constitutional Challenges · 04/19/2011– Motion for Extension of Time to Reply to Motion Response 04/20/2011– Minute Order granting Defendant’s

9

08/09/2011 – Case stayed pending D.C. Circuit decision in Mead/Seven Sky

11/30/2011 – Joint Motion to Stay pending SCOTUS review in Florida case

12/01/2011 – Order granting Stay 09/11/2012 – Mot. for leave to file amended complaint 10/11/2012 – Order granting leave to file amended complaint 10/11/2012 – Amended Complaint (Origination Clause) 11/08/2012 – Def. Mot. to Dismiss Amended Complaint 12/03/2012 – Plf. Opposition to Mot. to Dismiss 12/04/2012 – Ctr. for Const. Jurisprudence Amicus Br (Origination

Clause) 01/11/2013 – Reply in Support of Mot. to Dismiss

Middle District of Pennsylvania

Held: Mandate

unconstitutional

Vacated

Goudy-Bachman v. U.S. Dep’t Health & Human Servs., No. 1:10-cv-00763 – Judge Christopher Conner

04/12/2010 – Complaint 06/14/2010 – Motion to Dismiss filed by Defendants 07/13/2010 – Order Holding Issuance of Pretrial/Trial Schedule in

Abeyance, Pending Resolution of Defendants’ Motion to Dismiss

07/26/2010 – Opposition to Defendants’ Motion to Dismiss Filed by Plaintiffs

08/03/2010 – Plaintiffs’ Notice of Supplemental Authority (Va. v. Sebelius)

08/13/2010 – Plaintiffs Supplemental Brief in Opposition to Defendants’ Motion to Dismiss

08/18/2010 – Reply in Support of Motion to Dismiss 09/07/2010 – Notice of Supplemental Authority by Def. (Baldwin) 10/21/2010 – Notice of Supplemental Authority by Def. (Thomas

More) 12/06/2010 – Notice of Supplemental Authority by Def. (Geithner,

Sebelius, U.S. Dep’t of Health and Human Services, U.S. Dep’t of Treasury)

01/24/2011 – Order denying Defendants’ Motion to Dismiss 02/23/2011 – Notice of Supplemental Authority filed by

Defendants (DC dec.) 06/10/2011 – Joint Stipulation for filing cross motions for summ. j.

approved by court 06/21/2011 – Motion for Summary Judgment in the Alternative

filed by Defendants 07/06/2011 - Motion for Summary Judgment filed by Plaintiffs 07/07/2011 – Brief in Support of Summary Judgment filed by

Plaintiffs

Page 10: VENUE HEALTH REFORM LITIGATION Constitutional Challenges · 04/19/2011– Motion for Extension of Time to Reply to Motion Response 04/20/2011– Minute Order granting Defendant’s

10

07/18/2011 – Brief in Opposition of Motion for Summary Judgment 07/21/2011 – Oral argument held before Judge Conner 08/01/2011 – Reply Brief responding to Opposition of Motion for

Summary Judgment 08/19/2011 – Supp. Brief from Plaintiffs re: 11th Cir. decision 08/30/2011 – Reply from Defendant re: 11th Cir. Decision 09/08/2011 – Notice of subsequent authority from Geithner (4th

Circuit opinions) 09/13/2011 – Mem. Opin. granting Summ J. to Plf. & finding

minimum coverage provision unconstitutional 11/10/2011 – Notice of Appeal 12/03/2012 – Mandate of Court of Appeals 12/04/2012 – Order vacating judgment and closing case

3d Cir. Ct. of App.

Aff’d Complaint

dismissed for failure to state

valid claim

Goudy-Bachman v. U.S. Dep’t Health & Human Servs , No. 11-4160

11/17/2011 – Case docketed (appeal from, No. 1:10-cv-00763 above)

11/18/2011 – Joint Mot. to Stay Proceedings pending SCOTUS review of Florida case

11/30/2011 – Order granting Motion to Stay (status reports being filed)

08/09/2012 – Stay lifted 09/17/2012 – Mot. by Goudy-Bachman to summarily affirm 09/12/2012 – Resp. by U.S. to Mot. 10/11/2012 – Mot for Summary Affirmance denied; D. Ct.

judgment vacated (NFIB) with order to dismiss complaint (Judges Sloviter, Fisher, Weis)

12/03/2012 – Mandate Issued

District of Arizona

Held: Motion to

Dismiss Granted

Appealed to 9th Cir. Ct. of App.

Coons v. Geithner et al, No. 2:10-cv-01714 – Judge G. Murray Snow

08/12/2010 – Complaint 11/15/2010 – Motion for Preliminary Injunction filed by Plaintiffs 11/16/2010 – Amended Motion for Prelim. Inj. filed by Plaintiffs 12/13/2010 – Opposition to Amended Motion for Prelim. Inj. filed

by Defendants 01/11/2011 – Reply to Response to Motion for Prelim. Inj. 01/24/2011 – Defendants’ Notice re: House Vote to Repeal ACA,

including Plfs.’ Votes 01/28/2011 – Plaintiffs’ Motion to Strike Defs.’ Notice re: House

Vote 02/02/2011 – Defendants’ Response to Motion to Strike 03/08/2011 – Motion to Withdraw Motion for Prelim. Inj. filed by

Plaintiffs

Page 11: VENUE HEALTH REFORM LITIGATION Constitutional Challenges · 04/19/2011– Motion for Extension of Time to Reply to Motion Response 04/20/2011– Minute Order granting Defendant’s

11

03/10/2011 – Order granting Plaintiffs’ Motion to Withdraw Motion for Prelim. Inj.

03/11/2011 – Amended Complaint 05/04/2011 – Motion to Amend/Correct Amended Complaint by

Plaintiffs 05/09/2011 – Plaintiffs granted leave to file Amended Complaint 05/10/2011 – Amended Complaint 05/31/2011 – Motion to Dismiss filed by Defendants 06/20/2011 – Plaintiff’s Motion for Partial Summary Judgment and

to treat Defendants’ Motion to Dismiss as a Motion for Summary Judgment

06/23/2011 – Amicus Br. Supporting Plaintiffs from Pacific Legal Found.

06/23/2011 – Defendants’ Motion to Stay Plaintiffs’ Motion for Summ. J.

07/05/2011 – Defendants’ Reply in Support of Motion to Dismiss 07/07/2011 – Plaintiffs’ Response to Motion to Stay 07/14/2011 – Defendants’ Reply in Support of Motion to Stay 07/25/2011 – Order denying Defendants’ Motion to Stay 08/10/2011 – Defendants’ Motion for Summary Judgment 08/29/2011 – Plaintiffs’ Reply in Supp. of Summ. J. and against Def.

Mot. for Summ. J. 09/12/2011 – Defendants’ Reply in Support of Summ. J. 09/16/2011 – Plaintiffs’ Motion to File Sur-Reply 09/19/2011 – Defendants’ Opp. To Plaintiffs’ Motion to File Sur-

Reply 11/29/2011 – Defendants’ Motion to Stay pending SCOTUS review

of Florida case 12/13/2011 – Plaintiffs’ Response Opposing Stay 12/20/2011 – Defendants’ Reply supporting Stay 01/17/2012 – Order granting Motion to Stay pending NFIB 07/16/2012 – Status Report from U.S. 08/31/2012 – Order granting in part and denying in part Def. Mot.

to Dismiss (NFIB) 09/13/2012 – Coons Supplemental. Br. 09/27/2012 – U.S. Supp. Br. 12/20/2012 – Order Granting Def. Mot. to Dismiss remaining

claims re: 5th, 9th Am. re:& medical autonomy; 4th, 5th, 9th re: privacy; and preempts AZ state legislation

02/19/2013 – Notice of Appeal

9th Cir. Ct. of App.

Coons v. Geithner, No. 13-15324

02/20/2013 – Appeal docketed (from No. 2:10-cv-01714) 05/20/2013 – Appellants Opening Brief Due

Page 12: VENUE HEALTH REFORM LITIGATION Constitutional Challenges · 04/19/2011– Motion for Extension of Time to Reply to Motion Response 04/20/2011– Minute Order granting Defendant’s

12

07/01/2013 – Appellees Reply Brief Due

Challenges to Contraceptive Coverage Mandate

Northern District of Alabama

Held: Dismissed

Without Prejudice

Eternal World Television Network Inc. v. Sebelius No. 2:12–cv–00501, Judge Sharon Lovelace Blackburn

02/09/2012 – Complaint 03/21/2012 – Amended Complaint 03/22/2012 – Motion to Intervene by State of Alabama 03/22/2012 – Order re: Motion to Intervene filed by State of

Alabama 04/23/2012 – Response in Opp. to Motion to Intervene filed by

Defendants 05/04/2012 – Motion to Dismiss by Defendants 05/09/2012 – Order re: Motion to Dismiss by Defendants 05/23/2012 – State of Alabama Reply in Support of Motion to

Intervene 05/23/2012 – Reply to Motion to Intervene filed by Plaintiff 06/01/2012 – Response in Opp. re: Motion to Dismiss filed by

Plaintiff 06/25/2012 – Reply in Support of Motion to Dismiss 07/10/2012 – Motion to Stay Discovery by Defendants 08/07/2012 – Response in Opp. to Motion to Stay Discovery 08/15/2012 – Reply in Support of Motion to Stay Discovery 02/05/2013 – Intervenor State of Alabama Notice of Recent Factual

and Legal Developments in Alabama 03/01/2013 – Defendant Response to Intervenors’ Notice of Recent

Factual and Legal Developments in Alabama

03/25/2013 – Mem. Opinion and Order granting Motion to Dismiss

District of Columbia

District Court

Held: Dismissed Without

Prejudice for Lack of

Jurisdiction

Roman Catholic Archbishop of Washington v. Sebelius, No. 12-cv-00815, Judge Amy B. Jackson

05/21/2012 – Complaint 08/06/2012 – Motion to Dismiss and Mem. in Support by

Defendants 08/27/2012 – Mem. in Opp. to Motion to Dismiss 08/28/2012 – Amicus Brief by Am. Ctr. for Law & Policy and

79 Members of Congress 09/24/2012 – Reply in Support of Motion to Dismiss 11/02/2012 – Minute Entry Granting Defendant’s Motion to

Stay case pending decision in consolidated appeals of Wheaton College v. Sebelius (No. 12-

Page 13: VENUE HEALTH REFORM LITIGATION Constitutional Challenges · 04/19/2011– Motion for Extension of Time to Reply to Motion Response 04/20/2011– Minute Order granting Defendant’s

13

5273) and Belmont Abbey College v. Sebelius (No. 12-5291).

01/02/2013 – Minute Order requesting one pleading per party addressing whether court should dismiss in light of order issued by D.C. District Court, due on 01/16/2013

01/16/2013 – Notice of Supplemental Authority by Plaintiff 01/16/2013 – Supplemental Brief re: Supplemental Authority

by Defendants 01/25/2013 – Order Granting Motion to Dismiss 01/25/2013 – Mem. Opinion

03/25/2013 – Notice of Appeal

D.C. Circuit Ct. of App.

Roman Catholic Archbishop of Washington v. Kathleen Sebelius, No. 13-5091

03/27/2013 – Appeal docketed (from No. 12-cv-00815) 04/04/2013 – Motion for summary reversal of District Court

decision by Appellant 04/17/2013 – Response in Opp. to Motion for summary

reversal by Appellee 04/24/2013 – Reply in Supp. of Motion for summary reversal

District of Columbia

District Court

Held: Preliminary Injunction

Denied

Appealed to D.C. Circuit Ct. of

App.

Gilardi v. U.S. Dep’t of Health & Human Servs. (“Freshway Foods”), No. 13-cv-00104, Judge Reggie B. Walton

01/24/2013 – Complaint

02/08/2013 – Motion for Preliminary injunction 02/22/2013 – Amicus Brief by State of Ohio 02/25/2013 – Mem. in Opp. to Motion for Preliminary

Injunction 02/28/2013 – Reply in Support of Motion for Preliminary

Injunction 03/03/2013 – Mem. Opinion Denying Motion for Preliminary

Injunction 03/04/2013 – Notice of Appeal 03/07/2013 – Joint Motion to stay proceedings pending appeal 03/11/2013 – Minute Order granting consent motion to stay

pending appeal

D.C. Circuit Ct. of App.

Gilardi v. HHS (“Freshway Foods”), No. 13-5069

03/05/2013 – Appeal docketed (from No. 13-cv-00104) 03/06/2013 – Appellants’ Emergency Motion for Injunction

Pending Appeal

Page 14: VENUE HEALTH REFORM LITIGATION Constitutional Challenges · 04/19/2011– Motion for Extension of Time to Reply to Motion Response 04/20/2011– Minute Order granting Defendant’s

14

03/11/2013 – Opp. to Emergency Motion for Injunction Pending Appeal

03/12/2013 – Reply Brief in Support of Emergency Motion for Injunction Pending Appeal before April 1, 2013 and to Expedite Appeal

03/21/2013 – Order Denying Emergency Motion for Injunction and setting briefing schedule

03/25/2013 – Emergency Petition by Appellant for rehearing en banc of denial of Emergency Motion for Injunction

03/29/2013 – Order Granting Emergency Motion for Injunction pending Appeal on rehearing; briefing schedule remains in effect

04/30/2013 – Appellant Brief 05/30/2013 – Appellee Brief due

District of Columbia

District Court

Held: Dismissed Without

Prejudice for Lack of

Jurisdiction

Appealed to D.C. Circuit Ct. of

App.

Belmont Abbey Coll. v. Sebelius, No. 1:11–cv–01989 – Judge James E. Boasberg

11/10/2011 – Complaint 03/20/2012 – Amended Complaint 04/05/2012 – Defendants’ Motion to Dismiss 04/23/2012 – Mem. in Opp. to Motion to Dismiss 05/03/2012 – Reply in Support of Motion to Dismiss 06/22/2012 – Notice of Supplemental Authority by Defendants 06/26/2012 – Response to Notice of Supplemental Authority filed

by Plaintiff 07/18/2012 – Order granting Defendants’ Motion to Dismiss and

Dismissing Case without Prejudice 07/18/2012 – Opinion granting Defendants’ Motion to Dismiss 07/23/2012 – Motion for Reconsideration filed by Plaintiff 08/07/2012 – Notice of Supplemental Authority filed by Plaintiff 08/09/2012 – Mem. in Opp. to Motion for Reconsideration 08/16/2012 – Reply in Support of Motion for Reconsideration 08/27/2012 – Notice of Supplemental Authority filed by Defendant 08/31/2012 – Response to Notice of Supplemental Authority filed

by Plaintiff 09/05/2012 – Opinion and Order denying Motion for

Reconsideration 09/14/2012 – Notice of Appeal filed by Plaintiff

D.C. Circuit Ct. of App.

Belmont Abbey Coll. v. Kathleen Sebelius, No. 12–5291 (Wheaton College, No. 12-5273)

09/14/2012 – Appeal docketed (from No. 1:11–cv–01989 above)

Page 15: VENUE HEALTH REFORM LITIGATION Constitutional Challenges · 04/19/2011– Motion for Extension of Time to Reply to Motion Response 04/20/2011– Minute Order granting Defendant’s

15

10/05/2012 –Appellant Opening Brief filed by Wheaton College and Belmont Abbey College

10/10/2012 – Amicus Brief for Appellant Brief by Am. Ctr. for Law and Justice and Regent Univ.

10/12/2012 – Amicus Brief for Appellant Brief by Women Speak for Themselves

10/12/2012 – Amicus Brief for Appellant Brief by Am. Civil Rights Union, Cato Institute and Ctr. for Constitutional Jurisprudence

10/12/2012 – Amicus Brief for Appellant Brief by Am. Ass’n of Pro–Life Obstetricians & Gynecologists, Ass’n of Am. Physicians & Surgeons, Inc., Catholic Medical Ass’n, Nat’l Ass’n of Pro Life Nurses, Nat’l Catholic Bioethics Ctr. and Physicians for Life

10/12/2012 – Amicus Brief for Appellant Brief by Christian Legal Soc’y

10/12/2012 – Amicus Brief for Appellant Brief by State of Texas 10/12/2012 – Amicus Brief by Wyoming Catholic Coll., et al. 11/05/2012 – Appellee Brief 11/16/2012 – Appellant Reply Brief 12/14/2012 – Oral Argument (Judges Garland, Griffith, and

Randolph) 12/18/2012 – Order holding cases in abeyance and directing

Appellee to file status reports every 60 days from date of Order.

02/11/2013 – Status Report by Appellees notifying Court of Notice of Proposed Rulemaking published in Federal Register. See 78 Fed. Reg. 8456 (Feb. 6, 2013)

04/16/2013 – Status Report by Appellees notifying Court that comment period on Proposed Rule has closed and comments are currently being reviewed. New rules to be issued by August 2013.

District of Columbia

District Court

Held: Preliminary Injunction

Granted

Appealed to D.C. Circuit Ct. of

Tyndale House Publishers, Inc., v. Sebelius, No. 1:12–cv–01635–RBW, Judge Reggie B. Walton

10/02/2012 – Complaint 10/08/2012 – Mot. and Mem. for Preliminary Injunction by

Plaintiffs 10/22/2012 – Mem. in Opp. to Preliminary Injunction 10/25/2012 – Supplemental Mem. in Support of Preliminary

Injunction 11/07/2012 – Amicus Brief by ACLU, ACLU of the National

Capital Area

Page 16: VENUE HEALTH REFORM LITIGATION Constitutional Challenges · 04/19/2011– Motion for Extension of Time to Reply to Motion Response 04/20/2011– Minute Order granting Defendant’s

16

App.

11/09/2012 – Minute Entry and Motion Hearing 11/12/2012 – Response to Amicus Brief filed by Plaintiffs 11/16/2012 – Order granting Preliminary Injunction 11/16/2012 – Mem. Opinion 01/15/2013 – Notice of Appeal by Defendants 01/28/2013 – Motion to Stay by Plaintiffs 01/30/2013 – Minute Order granting Motion to Stay Pending

Appeal

D.C. Circuit Ct. of App.

Held: Case Dismissed

Voluntarily

Tyndale House Publishers v. Kathleen Sebelius, No. 13-5018

01/18/2013 – Appeal Docketed (from No. 12-cv-01635) 04/25/2013 – Motion to Voluntarily Dismiss filed by Appellant 04/25/2013 – Response in Opp. to Motion to Voluntarily Dismiss 04/26/2013 – Reply in Support of Motion to Dismiss

05/03/2013 – Order Granting Motion for Voluntary Dismissal

District of Columbia

District Court

Johnson Welded Products, Inc. v. Sebelius, No. 13-cv-00609, Judge Ellen S. Huvelle

04/30/2013 – Complaint

District of Colorado

Held: Dismissed

Without Prejudice for

Lack of Jurisdiction

Colorado Christian Univ. v. Sebelius, No. 1:11–cv–03350, Judge Christine M. Arguello

12/22/2011 – Complaint 12/27/2011 – Order referring case to Magistrate Judge Boyd N.

Boland 01/06/2012 – Scheduling for Order 02/06/2012 – Motion to Postpone scheduling conference filed by

Defendants 02/07/2012 – Brief in Opp. to Motion to Postpone 02/07/2012 – Reply Supporting Motion to Postpone 02/09/2012 – Order denying Motion to Postpone conference 03/13/2012 – Objection/Appeal of Magistrate Judge on Decision

postponement to District Court 03/22/2012 – Amended Complaint 03/26/2012 – Response to Objection/Appeal of Magistrate Judge

Decision filed by Plaintiff 04/09/2012 – Reply to Response to Objection/Appeal of

Magistrate Judge Decision filed by Defendants 04/09/2012 – Motion to Dismiss Amended Complaint and Mem.

of Support 04/30/2012 – Order denying Appeal of Magistrate Judge

Decision

Page 17: VENUE HEALTH REFORM LITIGATION Constitutional Challenges · 04/19/2011– Motion for Extension of Time to Reply to Motion Response 04/20/2011– Minute Order granting Defendant’s

17

05/03/2012 – Brief in Opp. to Motion to Dismiss Amended Complaint

05/18/2012 – Reply in Support of Motion to Dismiss filed by Defendants

08/02/2012 – Renewed Motion to Stay Discovery by Defendants 08/03/2012 – Mem. re: Motion to Stay Discovery 08/06/2012 – Order denying Renewed Motion to Stay Discovery 08/06/2012 – Renewed Motion to Stay Discovery by Defendants 08/07/2012 – Mem. re: Renewed Motion to Stay Discovery 08/27/2012 – Brief in Opp. to Renewed Motion to Stay Discovery 08/31/2012 – Order denying Motion to Stay Discovery 11/09/2012 – Motion to Compel and Mem. in Support by

Plaintiff 11/28/2012 – Brief in Opp. to Motion to Compel 01/07/2013 – Order granting Defendant’s Motion to Dismiss for

Lack of Jurisdiction 01/08/2013 – Final Judgment Order

District of Colorado

Held:

Preliminary Injunction

Granted; Stay of Proceedings

Pending Appeal

Appealed to 10th Cir. Ct. of

App.

Newland v. Sebelius No. 1:12–cv–01123, Judge John L. Kane

04/30/2012 – Complaint 04/30/2012 – Motion for Preliminary Injunction and Brief in

Support by Plaintiffs 06/08/2012 – Motion to Dismiss by Defendants 06/26/2012 – Amended Complaint 07/13/2012 – Motion to Dismiss Amended Complaint 07/13/2012 – Brief in Support of Motion to Dismiss Amended

Complaint and in Opp. to Motion for Preliminary Injunction

07/17/2012 – Reply in Response to Motion for Preliminary Injunction

07/27/2012 – Order granting Motion for Preliminary Injunction 08/30/2012 – Response to Motion to Dismiss 09/25/2012 – Notice of Appeal as to Order on Motion for

Preliminary Injunction by Defendants 10/03/2012 – Reply to Response to Motion to Dismiss Complaint 10/11/2012 – Motion to Stay Proceedings Pending Appeal by

Plaintiffs 10/18/2012 – Brief in Opp. to Motion to Stay Proceedings

Pending Appeal filed by Defendants 10/26/2012 – Order granting Motion to Stay Proceedings

10th Cir. Ct. of App.

Newland v. Sebelius, No. 12–1380

09/26/2012 – Appeal docketed (from No. 1:12-cv-001123)

Page 18: VENUE HEALTH REFORM LITIGATION Constitutional Challenges · 04/19/2011– Motion for Extension of Time to Reply to Motion Response 04/20/2011– Minute Order granting Defendant’s

18

10/18/2012 – Motion filed by Appellants to Extend Time to file Appellant/Petitioner’s Brief

10/29/2012 – Order granting Appellant’s Motion for Extension of Time.

01/07/2013 – Motion by Appellants to consolidate appeals (Hobby Lobby Stores, Inc. v. Kathleen Sebelius, No. 12-6294)

01/07/2013 – Response in Opp. to Motion to consolidate appeals 01/11/2013 – Reply in Support of Motion to consolidate appeals 01/18/2013 – Appellant Brief 01/25/2013 – Amicus Brief by Americans United for Separation

of Church and State, et al. 01/25/2013 – Amicus Brief by ACLU, American Civil Liberties

Union of Colorado, et al. 02/22/2013 – Appellee Brief 02/25/2013 – Amicus Brief by American Center for Law and

Justice 02/27/2013 – Amicus Brief by Liberty, Life and Law Foundation 03/01/2013 – Amicus Brief by Assoc. of American Physicians

and Surgeons, et al. 03/01/2013 – Amicus Brief by United States Justice Foundation 03/01/2013 – Amicus Brief by Archdiocese of Colorado Springs,

et al. 03/01/2013 – Amicus Brief by Eagle Forum Education and Legal

Defense Fund 03/01/2013 – Amicus Brief by AAPLOG, et al. 03/01/2013 – Amicus Brief by Democrats for Life of America and

Bart Stupak 03/01/2013 – Amicus Brief by Assoc. of Christian Schools Int’l, et

al. 03/07/2013 – Amicus Brief by Bioethics Defense Fund, et al. 03/08/2013 – Appellant Reply Brief 03/29/2013 –Order denying Motion to consolidate appeals

District of Colorado

Briscoe v. Sebelius, No. 13-cv-00285, Judge Boyd N. Boland

02/04/2013 – Complaint 02/15/2013 – Motion for Preliminary Injunction by Plaintiffs

and Brief in Support 02/19/2013 – Motion for Temporary Restraining Order (TRO)

by Plaintiffs 02/21/2013 – Response in Opp. to Motion for TRO by

Defendants 02/22/2013 – Reply in Support of Motion for TRO 02/22/2013 – Brief in Opp. to Motion for Preliminary Injunction

Page 19: VENUE HEALTH REFORM LITIGATION Constitutional Challenges · 04/19/2011– Motion for Extension of Time to Reply to Motion Response 04/20/2011– Minute Order granting Defendant’s

19

and TRO by Amicus American Civil Liberties Union

02/27/2013 – Order Denying Plaintiff’s Motion for TRO

District of Colorado

Armstrong v. Sebelius, No. 13-cv-00563, Judge R. Brooke Jackson

03/05/2013 – Complaint 03/18/2013 – Motion for Preliminary Injunction by Plaintiffs

and Brief in Support 04/10/2013 – Mem. in Opp. to Motion for Preliminary Injunction

by Defendants 04/24/2013 – Reply in Support of Motion for Preliminary

Injunction 04/24/2013 – Brief in Opp. to Motion for Preliminary Injunction

by Amicus American Civil Liberties Union 05/01/2013 – Amicus Brief in Support of Motion for Preliminary

Injunction by Liberty, Life & Law Found. 05/02/2013 – Amicus Brief in Support of Motion for Preliminary

Injunction by Attorney General, State of Colorado

Middle District of Florida

Held: Dismissed

Without Prejudice for

Lack of Jurisdiction

Ave Maria Univ. v. Sebelius No. 2:12–cv–00088, referred to Magistrate Judge Sheri Polster Chappell

02/21/2012 – Complaint 02/22/2012 – Order of Recusal by Judge John E. Steele. 02/23/2012 – Case reassigned 05/04/2012 –Defendant’s Motion to Dismiss for Lack of

Jurisdiction and Mem. of Support 05/16/2012 – Notice of related cases by Defendants 05/18/2012 – Mem. in Opp. to Motion to Dismiss 06/08/2012 – Reply in Support of Motion to Dismiss 07/10/2012 – Motion to Stay Discovery Pending Motion to

Dismiss filed by Defendants 07/24/2012 – Response in Opp to Motion to Stay Discovery 07/31/2012 – Order denying Defendants’ Motion to Stay

Discovery 08/03/2012 – Motion to review Magistrate Judge Order 08/16/2012 – Response to Motion to Review Magistrate Judge

Order 09/04/2012 – Reply to Response to Motion to Review Magistrate

Judge Order 11/28/2012 – Order overturning Magistrate Judge Order,

Granting Defendant’s Motion to Stay Discovery

Page 20: VENUE HEALTH REFORM LITIGATION Constitutional Challenges · 04/19/2011– Motion for Extension of Time to Reply to Motion Response 04/20/2011– Minute Order granting Defendant’s

20

03/29/2013 – Order Granting Motion to Dismiss

Middle District of Florida

Beckwith Electric Co., Inc. v. Sebelius, No. 13-cv-00648, Judge Mark A. Pizzo

03/12/2013 – Complaint

Southern District of

Florida

Held: Dismissed Without

Prejudice for Lack of

Jurisdiction

The Most Reverend Thomas G. Wenski v. Sebelius, No. 1:12–cv–23820–DLG, Judge Donald L. Graham

10/19/2012 – Complaint 12/21/2012 – Motion to Dismiss for Lack of Jurisdiction 01/16/2013 – Motion and Mem. in Opp. to Motion to Dismiss 01/23/2013 – Reply in Support of Motion to Dismiss 03/04/2013 – Order Granting Motion to Dismiss

Northern District of

Georgia

The Roman Catholic Archdiocese of Atlanta v. Sebelius, No. 1:12–cv–03489–WSD, Judge William S. Duffey, Jr.

10/05/2012 – Complaint 12/10/2012 – Motion to Dismiss and Brief in Support by

Defendants 12/31/2012 – Amended Complaint 01/14/2013 – Motion to Dismiss Amended Complaint and Mem.

in Support

01/31/2013 – Response in Opp. to Motion to Dismiss

02/14/2013 – Reply Mem. in Support of Motion to Dismiss Amended Complaint

Northern District of

Illinois

Held: Dismissed Without

Prejudice for Lack of

Jurisdiction

Conlon v. Sebelius, No. 1:12-cv-03932, Judge John W. Darrah 05/21/2012 – Complaint 08/06/2012 – Motion to Dismiss 08/08/2012 – Amended Complaint 08/21/2012 – Motion to Dismiss and Mem. in Support 09/11/2012 – Mem. in Opp. to Motion to Dismiss 10/02/2012 – Reply in Support of Motion to Dismiss

02/08/2013 – Opinion and Order Granting Motion to Dismiss

Page 21: VENUE HEALTH REFORM LITIGATION Constitutional Challenges · 04/19/2011– Motion for Extension of Time to Reply to Motion Response 04/20/2011– Minute Order granting Defendant’s

21

Northern District of

Illinois

Held: Preliminary Injunction Granted;

proceedings Stayed

Lindsay v. US DHHS, No. 13-cv-01210, Judge Ronald A. Guzman

02/14/2013 – Complaint 02/28/2013 – Motion for Preliminary Injunction by Plaintiffs

and Mem. in Support 03/05/2013 – Response to Motion for Preliminary Injunction

(notice of non-opposition) 03/05/2013 – Motion to Stay proceedings by Defendants 03/20/2013 – Order Granting Agreed Preliminary Injunction;

staying proceedings until thirty days after mandate issued from consolidated cases of Korte and Grote.

Northern District of

Illinois

Held: Preliminary Injunction Granted;

proceedings Stayed

Hartenbower v. US DHHS, No. 13-cv-02253, Judge Ruben Castillo

03/26/2013 – Complaint 04/16/2013 – Motion for Preliminary Injunction by Plaintiffs 04/18/2013 – Order Granting Preliminary Injunction and

Staying proceedings until thirty days after mandate issued from consolidated cases of Korte and Grote.

Central District of Illinois

Held: Dismissed

Without Prejudice for

Lack of Jurisdiction

Catholic Diocese of Peoria v. Sebelius, No. 1:12–cv–01276–JES–BGC, assigned to Chief Judge James E. Shadid, referred to Magistrate Judge Byron G. Cudmore

08/09/2012 – Complaint 10/19/2012 – Defendant’s Motion to Dismiss for Lack of

Jurisdiction 10/19/2012 – Mem. in Support of Motion to Dismiss 11/02/2012 – Mem. in Opp. to Motion to Dismiss 11/13/2012 – Reply in Support of Motion to Dismiss 01/03/2013 – Order and Opinion granting Motion to Dismiss 01/08/2013 – Judgment Entered

Northern District of

Illinois

Held: Preliminary

Triune Health Group, Inc. v. Dep’t of HHS, , No. 1:12–cv–06756, Judge Amy J. St. Eve

08/22/2012 – Complaint 10/15/2012 – Amended Complaint 11/09/2012 – Defendant’s Motion to Dismiss for lack of

jurisdiction and for failure to state a claim and Mem. of Law in Support

Page 22: VENUE HEALTH REFORM LITIGATION Constitutional Challenges · 04/19/2011– Motion for Extension of Time to Reply to Motion Response 04/20/2011– Minute Order granting Defendant’s

22

Injunction Granted

Appealed to 7th

Cir. Ct. of App.

11/15/2012 – Amicus Brief by ACLU, ACLU Illinois in Support of Motion to Dismiss

11/28/2012 – Motion for Preliminary Injunction and Mem. of Law in Support by Plaintiff

11/29/2012 – Amended Motion for Preliminary Injunction (technical amendments)

12/12/2012 – Reply Supporting Motion to Dismiss and in Opp. to Motion for Preliminary Injunction by Defendants

12/19/2012 – Reply by Plaintiff in Support of Preliminary Injunction

01/03/2013 – Order Granting Plaintiff’s Motion for Preliminary Injunction

03/04/2013 – Notice of Appeal 03/11/2013 – Motion to Stay Appeal pending Court’s decision in

related Appeal (Korte v. Sebelius) 03/25/2013 – Response in Opp. to Motion to Stay Appeal 04/02/2013 – Minute Order Granting Motion to Stay pending

decision in Korte v. Sebelius 04/02/2013 – Minute Order Denying Motion to Dismiss

7th Cir. Ct. of App.

Triune Health Group, Inc. v. Sebelius, No. 13-1478

03/05/2013 – Appeal docketed (from No. 12-cv-06756) 03/11/2013 – Motion by Appellant to stay case 03/14/2013 – Order Granting Motion to Stay Appeal Pending

resolution in Korte v. Sebelius. Parties directed to file status report within 14 days of issuance of decision in that case.

Southern District of

Illinois

Held: Preliminary Injunction

Denied

Appealed to 7th Cir. Ct. of App.

Korte v. Dep’t of HHS, No. 3:12–cv–01072–MJR–PMF, assigned to Judge Michael J. Reagan, referred to Magistrate Judge Philip M. Frazier

10/09/2012 – Complaint 10/10/2012 – Motion for Preliminary Injunction on Count I

(RFRA) and Count II (Free Exercise Clause) filed by Plaintiffs

10/10/2012 – Mem. in Support of Motion 11/06/2012 – Response in Opp. to Motion for Preliminary

Injunction 11/09/2012 – Reply in Support of Preliminary Injunction 11/13/2012 – Amicus Brief in Opp. to Motion for Preliminary

Injunction by ACLU 11/19/2012 – Amicus Brief in in Support of Motion for

Preliminary Injunction by Liberty, Life and Law Foundation

11/20/2012 – Reply to Amicus Brief of ACLU

Page 23: VENUE HEALTH REFORM LITIGATION Constitutional Challenges · 04/19/2011– Motion for Extension of Time to Reply to Motion Response 04/20/2011– Minute Order granting Defendant’s

23

11/26/2012 – Amicus Brief in Support of Motion for Preliminary Injunction by Bioethics Defense Fund, et al.

12/14/2012 – Order denying Motion for Preliminary Injunction 12/17/2012 – Notice of Appeal 12/17/2012 – Joint Motion to Stay Pending Appeal 12/28/2012 – Order granting Motion to Stay Pending Appeal

(text entry only)

7th Circuit Ct. of App.

Korte v. HHS, No. 12-3841

12/18/2012 – Appeal Docketed (from No. 3:12-cv-01072) 12/18/2012 – Emergency Motion by Appellants for Injunction

Pending Appeal 12/21/2012 – Response in Opp. to Emergency Motion for

Injunction Pending Appeal 12/21/2012 – Reply by Appellants in Support of Motion for

Injunction Pending Appeal 12/28/2012 – Order granting Emergency Motion for Injunction

Pending Appeal 01/28/2013 – Appellant Brief 01/30/2013 – Order granting Injunction Pending Appeal and

consolidating William Grote, III v. Kathleen Sebelius (No. 13-1077) with this case. All subsequent docket entries represent consolidated case activity.

02/01/2013 – Amicus Brief by Liberty, Life, & Law Foundation 02/04/2013 – Amicus Brief by Drury Development Corp., et al. 02/04/2013 – Amicus Brief by Catholic Online, et al. 02/04/2013 – Amicus Brief by Life Legal Defense Foundation 02/04/2013 – Amicus Brief by Gospel Rescue missions, et al. 02/04/2013 – Amicus Brief by United States Justice Foundation 02/04/2013 – Amicus Brief by Catholic Vote 02/19/2013 – Appellant Brief by Appellant Grote 02/26/2013 – Amicus Brief by Roman Catholic Archdiocese of

Indianapolis, Inc., et al. 02/26/2013 – Amicus Brief by Indiana Catholic Conference, et al. 02/26/2013 – Amicus Brief by Wisconsin Family Action 02/26/2013 – Amicus Brief by Gospel Rescue Missions 03/01/2013 – Appellee Brief 03/07/2013 – Amicus Brief by National Health Law Program 03/08/2013 – Amicus Brief by American Civil Liberties Union, et

al. 03/08/2013 – Amicus Brief by Center for Reproductive Rights, et

al. 03/08/2013 – Amicus Brief by National Women’s Law Center

Page 24: VENUE HEALTH REFORM LITIGATION Constitutional Challenges · 04/19/2011– Motion for Extension of Time to Reply to Motion Response 04/20/2011– Minute Order granting Defendant’s

24

03/08/2013 – Amicus Brief by Americans United for Separation of Church and State, et al.

03/15/2013 – Appellant Brief by Appellant Korte

03/18/2013 – Appellee Brief 03/22/2013 – Amicus Brief by Physicians for Reproductive

Health, et al. 03/25/2013 – Amicus Brief by National Health Law Program 03/25/2013 – Amicus Brief by Americans United for Separation

of Church and State, et al. 04/01/2013 – Appellant Reply Brief by Appellant Grote

Northern District of

Indiana

Held: Permanent Injunction

Denied; Case Dismissed

Without Prejudice for

Lack of Jurisdiction

Appealed to 7th

Cir. Ct. of App.

Notre Dame Univ. of v. Sebelius, No. 3:12–cv–00253–JD–CAN, assigned to Judge Jon E DeGuilio, referred to Magistrate Judge Christopher A. Nuechterlein

05/21/2012 – Complaint 08/06/2012 – Defendant’s Motion to Dismiss for Lack of

Jurisdiction 08/06/2012 – Mem. in Support of Motion to Dismiss 08/21/2012 – Amicus Brief by Am. Ctr. for Law & Justice and 79

Members of Congress in Support of Plaintiff 08/27/2012 – Response to Motion to Dismiss 09/24/2012 – Reply in Support of Motion to Dismiss 10/17/2012 – Order Reassigning Case to Judge Jon E. DeGuilio 10/24/2012 – Motion for Permanent and Preliminary Injunction,

filed by Plaintiff 10/24/2012 – Motion for Consolidated Trial and Injunction

Hearings by Plaintiff 10/24/2012 – Mem. in Support of Motion to Consolidate Trial

and Injunction Hearing 11/07/2012 – Response to Motion for Consolidated Trial and

Injunction Hearing 11/14/2012 – Reply Supporting Motion for Consolidated Trial

and Injunction Hearing 11/28/2012 – Order of Recusal. Case reassigned to Judge Robert

L. Miller, Jr. 12/31/2012 – Opinion and Order denying Motion for Permanent

Injunction as moot, granting Motion to Dismiss for Lack of Jurisdiction

01/02/2013 – Judgment Entered 03/01/2013 – Notice of Appeal

Page 25: VENUE HEALTH REFORM LITIGATION Constitutional Challenges · 04/19/2011– Motion for Extension of Time to Reply to Motion Response 04/20/2011– Minute Order granting Defendant’s

25

7th Cir. Ct. of App.

Univ. of Notre Dame v. Kathleen Sebelius, No. 13-1479

03/05/2013 – Appeal docketed (from No. 12-cv-00253) 03/27/2013 – Order suspending briefing pending prehearing

conference

Northern District of

Indiana

Held: Case Stayed

Diocese of Fort Wayne–South Bend, Inc. v. Sebelius No. 1:12–cv–00159–JD–RBC, assigned to Judge Jon E DeGuilio, referred to Magistrate Judge Roger B Cosbey

05/21/2012 – Complaint 08/06/2012 – Motion to Dismiss for lack of jurisdiction by

Defendants 08/06/2012 – Mem. in Support of Motion to Dismiss 08/27/2012 – Response to Motion to Dismiss 09/07/2012 – Amicus Brief in Support of Plaintiffs by Am. Ctr.

for Law & Justice, et al. 09/24/2012 – Reply Supporting Motion to Dismiss 10/02/2012 – Motion to Consolidate Cases by Plaintiffs 10/02/2012 – Mem. in Support of Motion to Consolidate Cases 10/10/2012 – Response to Motion to Consolidate 10/19/2012 – Order Reassigning Case to Judge Jon E DeGuilio 03/14/2013 – Order staying case for up to 45 days, requesting

parties to file Joint Report by 4/12/2013. Court may extend the Order after consideration of the Joint Report.

04/01/2013 – Order Denying Motion to Consolidate Cases 04/12/2013 – Joint Report concerning Stay of the Case; parties

unable to reach agreement on whether case should be stayed pending resolution of appeal in Univ. of Notre Dame v. Sebelius (No. 13-1479).

Northern District of

Indiana

Tonn & Blank Construction LLC v. Sebelius, No. 12-cv-00325, Judge Roger B. Cosbey

09/20/2012 – Complaint 09/20/2012 – Motion for Preliminary Injunction by Plaintiff 09/20/2012 – Mem. in Support of Motion for Preliminary

Injunction 12/31/2012 – Motion to Dismiss by Defendants 12/31/2012 – Response in Opp. to Motion for Preliminary

Injunction 12/31/2012 – Mem. in Support of Motion to Dismiss 01/22/2013 – Amicus Brief in Support of Motion for

Preliminary Injunction filed by Bioethics Defense Fund, et al.

Page 26: VENUE HEALTH REFORM LITIGATION Constitutional Challenges · 04/19/2011– Motion for Extension of Time to Reply to Motion Response 04/20/2011– Minute Order granting Defendant’s

26

01/25/2013 – Reply in Opp. to Motion to Dismiss and in Support of Motion for Preliminary Injunction

02/11/2013 – Motion to Stay proceedings and Notice of Non-Opposition to Plaintiff’s Motion for Preliminary Injunction

02/25/2013 – Response in Opp. to Motion to Stay proceedings 03/04/2013 – Reply in Support of Motion to Stay proceedings

04/01/2013 – Order Granting Preliminary Injunction

Northern District of

Indiana

Grace Schools v. Sebelius, No. 3:12–cv–00459–JD–CAN, assigned to Judge Jon E. DeGuilio, referred to Magistrate Judge Christopher A. Nuechterlein

08/23/2012 – Complaint 11/09/2012 – Motion to Dismiss for Lack of Jurisdiction by

Defendants 11/09/2012 – Mem. in Support of Motion to Dismiss 12/07/2012 – Response in Opp. to Motion to Dismiss 12/14/2012 – Reply in Support of Motion to Dismiss 01/02/2013 – Amicus Brief in Support of Plaintiffs by Am. Ctr.

for Law & Justice, et al.

Southern District of

Indiana

Held: Preliminary Injunction

Denied

Appealed to 7th Cir. Ct. of App.

Grote Industries, LLC v. Sebelius, No. 4:12–cv–00134–SEB–DML, assigned to Judge Sarah Evans Barker, referred to Magistrate Judge Debra McVicker Lynch

10/29/2012 – Complaint 10/30/2012 – Motion for Preliminary Injunction 10/30/2012 – Motion for Emergency Hearing regarding Motion

for Preliminary Injunction by Plaintiffs 11/19/2012 – Motion to Dismiss by Defendants 11/19/2012 – Response in Opp. to Motion for Preliminary

Injunction and Brief in Support of Motion to Dismiss

11/27/2012 – Brief and Mem. in Support of Motion for Preliminary Injunction

12/06/2012 – Reply in Support of Motion for Preliminary Injunction and Response in Opp. to Motion to Dismiss

12/13/2012 – Reply in Support of Motion to Dismiss 12/27/2012 – Order denying Motion for Preliminary Injunction 12/31/2012 – Motion for Reconsideration of Order on Motion

for Preliminary Injunction 12/31/2012 – Response in Opp. to Motion for Reconsideration

Page 27: VENUE HEALTH REFORM LITIGATION Constitutional Challenges · 04/19/2011– Motion for Extension of Time to Reply to Motion Response 04/20/2011– Minute Order granting Defendant’s

27

01/03/2012 – Order denying Motion for Reconsideration 01/09/2013 – Notice of Appeal

7th Cir. Ct. of

Appeals

William Grote, III v. Kathleen Sebelius, No. 13-1077

01/09/2013 – Appeal Docketed (from No. 4:12-cv-00134) 01/11/2013 – Motion by Appellants for Injunction Pending

Appeal 01/17/2013 – Response in Opp. to Motion for Injunction Pending

Appeal 01/24/2013 – Reply in Support of Motion for Injunction Pending

Appeal 01/30/2013 – Order Granting Injunction Pending Appeal and

consolidating this case with Korte v. HHS (No. 12-3841). See Korte docket (above) for consolidated docket entries following 01/30/2013.

Western District of Louisiana

Held: Case Stayed Until 08/15/2013

Pending Status of Regulations and Currently

Pending Litigation

Louisiana Coll. v. Sebelius, No. 1:12–cv–00463, Judge Dee D. Drell

02/18/2012 – Complaint 05/11/2012 – Motion to Dismiss filed by Defendants 06/11/2012 – Amended Complaint 06/11/2012 – Response to Motion to Dismiss 07/06/2012 – Report and Recommendation that Defendant’s

Motion to Dismiss be Denied as Moot, Recommending Defendant file a Motion to Dismiss Amended Complaint

07/09/2012 – Motion to Dismiss Amended Complaint and Mem. of Law in Support of such Motion

07/10/2012 – Motion to Stay Discovery Pending Resolution of Motion to Dismiss filed by Defendants

08/07/2012 – Notice by Defendants of pending challenges to preventive services coverage regulations

08/13/2012 – Mem. in Opp to Defendant’s Motion to Dismiss 08/13/2012 – Mem. in Opp to Defendant’s Motion to Stay

Discovery 08/24/2012 – Reply to Response to Motion to Dismiss 08/24/2012 – Reply to Response to Motion to Stay Discovery 08/31/2012 – Order granting Motion for Leave to File Sur–Reply 09/05/2012 – Sur–Reply in Opp. regarding Motion to Stay

Discovery and Motion to Dismiss filed by Plaintiff 01/04/2013 – Order Staying Case until 8/15/2013 at which time

Government is Ordered to provide court with a status report as to regulations and other relevant pending litigation

Page 28: VENUE HEALTH REFORM LITIGATION Constitutional Challenges · 04/19/2011– Motion for Extension of Time to Reply to Motion Response 04/20/2011– Minute Order granting Defendant’s

28

Eastern District of Michigan

Held:

Preliminary Injunction

Granted

Domino’s Farms Corp. v. Sebelius, No. 12-cv-15488, Judge Michael J. Hluchaniuk

12/14/2012 – Complaint 12/21/2012 – Emergency Motion for Temporary Restraining

Order (TRO) and Brief in Support by Plaintiffs 12/25/2012 – Response to Emergency Motion for TRO by

Defendants 12/30/2012 – Opinion and Order Granting Motion for TRO 01/08/2013 – Motion for Preliminary Injunction by Plaintiffs 01/28/2013 – Response in Opp. to Motion for Preliminary

Injunction 01/30/2013 – Amicus Brief by Mich. Atty. Gen. Bill Schuette 02/01/2013 – Motion Hearing held on 01/31/2013. Court

requested additional briefing and gives both parties two weeks to respond to Amicus Brief of Attorney General Bill Schuette

02/14/2013 – Supp. Brief by Plaintiffs in Support of Motion for Preliminary Injunction

02/14/2013 – Supp. Brief by Defendants in Opp. to Motion for Preliminary Injunction

02/19/2013 – Amicus Brief by Bioethics Defense Fund, et al. 03/14/2013 – Order and Opinion Granting Motion for

Preliminary Injunction

Eastern District of Michigan

Held: Preliminary Injunction

Granted for Plaintiff

Weingartz, Denied without

Prejudice for Plaintiff Legatus

Appealed to 6th Cir. Ct. of App.

Weingartz Supply Co. v. Sebelius, No. 2:12–cv–12061, Judge Robert H. Cleland, referred to Magistrate Judge Michael J. Hluchaniuk

05/07/2012 – Complaint 07/25/2012 – Emergency Motion for Temporary Restraining

Order (TRO) by Plaintiffs 08/07/2012 – Order Directing Plaintiffs to File Motion for

Preliminary Injunction 08/15/2012 – Motion and Brief for Preliminary Injunction by

Plaintiffs 08/29/2012 – Response to Motion for Preliminary Injunction 09/06/2012 – Reply to Response to Motion for Preliminary

Injunction 09/17/2012 – Order terminating Plaintiff’s Emergency Motion

for TRO 09/17/2012 – Amicus Brief by ACLU 09/24/2012 – Amicus Brief by Bioethics Fund, Life Legal

Defense Foundation

Page 29: VENUE HEALTH REFORM LITIGATION Constitutional Challenges · 04/19/2011– Motion for Extension of Time to Reply to Motion Response 04/20/2011– Minute Order granting Defendant’s

29

09/28/2012 – Amicus Brief filed by Mich. Atty. Gen. Bill Schuette

09/28/2012 –Hearing on Motion for Preliminary Injunction 10/31/2012 – Order granting Motion for Preliminary Injunction

for Plaintiff Weingartz, and denying without prejudice Plaintiff Legatus’s Motion for Preliminary Injunction

11/13/2012 – Preliminary Injunction Order 01/14/2013 – Notice of Appeal by Defendants 01/14/2013 – Notice of Appeal by Plaintiff Legatus 01/28/2013 – Motion to Stay proceedings pending Appeal 01/31/2013 – Motion Hearing held on 01/31/2013, Granting

Motion to Stay pending Appeal 02/04/2013 – Notice by Defendants regarding status of

rulemaking process 03/04/2013 – Notice by Defendants regarding status of

rulemaking process 04/01/2013 – Notice by Defendants regarding status of

rulemaking process

6th Cir. Ct. of App.

Legatus v. Kathleen Sebelius, Nos. 13-1092, 13-1093

01/24/2013 – Appeal Docketed (from No. 12-cv-12061) 02/26/2013 – Motion by Defendants to hold case in abeyance 03/06/2013 – Response in Opp. to Motion to hold case in

abeyance 03/07/2013 – Reply in Support of Motion to hold case in

abeyance

03/20/2013 – Appellants’ Opening Brief 03/26/2013 – Amicus Brief by Am. Coll. of Obstetrics &

Gynecology, et al. 03/27/2013 – Amicus Brief by Planned Parenthood of Middle

and East Tennessee, et al. 03/27/2013 – Amicus Brief by Hindu American Foundation 04/26/2013 – Amicus Brief by Liberty, Life & Law Found. 04/29/2013 – Appellees’ Brief 04/30/2013 – Amicus Brief by Ass’n of Am. Physicians &

Surgeons, et al. 04/30/2013 – Amicus Brief by Breast Cancer Prevention

Institute, et al. 04/30/2013 – Amicus Brief by Nicanor Pier Giorgio Austriaco,

et al. 04/30/2013 – Amicus Brief by Life Legal Defense Foundation 04/30/2013 – Amicus Brief by Bart Stupak & Democrats for Life 04/30/2013 – Amicus Brief by Mr. Bernard Eric Restuccia for

Page 30: VENUE HEALTH REFORM LITIGATION Constitutional Challenges · 04/19/2011– Motion for Extension of Time to Reply to Motion Response 04/20/2011– Minute Order granting Defendant’s

30

MI 04/30/2013 – Amicus Brief by Christian Legal Society, et al. 04/30/2013 – Amicus Brief by Michigan Catholic Conference 04/30/2013 – Amicus Brief by Mr. Robert Anthony Destro 04/30/2013 – Amicus Brief by Eagle Forum Educ. & Legal Def.

Fund

Eastern District of Michigan

Nagle v. Sebelius, No. 13-cv-12036, Judge David R. Grand

05/08/13 – Complaint

Eastern District of Michigan

Eden Foods, Inc. v. Sebelius, No. 13-cv-11229, Judge Mark A. Randon

03/20/2013 – Complaint 03/22/2013 – Emergency Motion for Temporary Restraining

Order (TRO) and Preliminary Injunction by Plaintiffs

03/22/2013 – Order Denying Emergency Motion for TRO 04/19/2013 – Response in Opp. to Motion for Preliminary

Injunction by Defendants 05/01/2013 – Reply in Support of Motion for Preliminary

Injunction

Eastern District of Michigan

Mersino Management Company v. Sebelius, No. 13-cv-11296, Judge R. Steven Whalen

03/22/2013 – Complaint 05/09/2013 – Motion for Temporary Restraining Order and

Preliminary Injunction by Plaintiffs

Eastern District of Michigan

MK Chambers Company v. DHHS, 13-cv-11379, Judge Michael J. Hluchaniuk

03/28/2013 – Complaint 04/02/2013 – Motion for Emergency Temporary Restraining

Order (TRO) by Plaintiffs 04/03/2013 – Order Denying Emergency Motion for TRO 04/26/2013 – Emergency Motion for Preliminary Injunction by

Plaintiffs

Western District of Michigan

Held:

Preliminary

Autocam Corp. v. Sebelius, No. 1:12–cv–01096, Judge Robert J. Jonker

10/08/2012 – Complaint 10/10/2012 – Motion for Preliminary Injunction by Plaintiffs 10/10/2012 – Brief in Support of Motion for Preliminary

Page 31: VENUE HEALTH REFORM LITIGATION Constitutional Challenges · 04/19/2011– Motion for Extension of Time to Reply to Motion Response 04/20/2011– Minute Order granting Defendant’s

31

Injunction Denied

Appealed to 6th

Cir. Ct. of App.

Injunction 10/12/2012 – Order denying expedited consideration of Motion

for Preliminary Injunction 11/08/2012 – Amicus Brief by ACLU and ACLU Fund of Michigan 11/09/2012 – Response in Opp. to Motion for Preliminary

Injunction 11/14/2012 – Reply in Support of Preliminary Injunction 11/14/2012 – Notice of Motion Hearing for 12/17/2012 11/15/2012 – Order setting Rule 16 scheduling conference for

12/17/2012 12/13/2012 –Amicus Brief in Support of Motion for Preliminary

Injunction by Mich. Atty. Gen. Bill Schuette 12/13/2012 – Amicus Brief in Support of Motion for Preliminary

Injunction by Bioethics Defense Fund and Life Legal Defense Foundation

12/17/2012 – Plaintiff’s Supplemental Brief on Anti-Injunction Act in Support of Motion for Preliminary Injunction

12/21/2012 – Plaintiff’s Supplemental Brief on harm Supporting Motion for Preliminary Injunction

12/21/2012 – Defendant’s Supplemental Brief Opposing Motion for Preliminary Injunction

12/24/2012 – Opinion and Order denying Motion for Preliminary Injunction

12/26/2012 – Notice of Appeal 01/03/2013 – Joint Motion to Stay Pending Appeal 01/16/2013 – Order denying Motion to Stay. Court will instead

extend deadline for Defendants to respond to Plaintiffs’ complaint to 02/15/2013.

02/15/2013 – Motion to Dismiss by Defendants and Brief in Support

03/18/2013 – Response in Opp. to Motion to Dismiss 04/01/2013 – Reply in Support of Motion to Dismiss

6th Cir. Ct. of Appeals

Autocam Corp. v. Kathleen Sebelius, No. 12-2673

12/26/2012 – Appeal Docketed (from No. 1:12-cv-01096) 12/26/2012 – Emergency Motion by Appellant for Injunction

Pending Appeal 12/26/2012 – Motion by Appellant to expedite case 12/27/2012 – Response in Opp. to Motion for Injunctive Relief 12/28/2012 – Order denying Motion for Injunction Pending

Appeal, granting Motion to expedite case 12/31/2012 – Motion by Appellant to Reconsider Order denying

Injunction Pending Appeal

Page 32: VENUE HEALTH REFORM LITIGATION Constitutional Challenges · 04/19/2011– Motion for Extension of Time to Reply to Motion Response 04/20/2011– Minute Order granting Defendant’s

32

12/31/2012 – Order denying Motion to Reconsider previous Injunction Order

02/11/2013 – Appellant Opening Brief 02/15/2013 – Amicus Brief by American Ctr. for Law & Justice 02/15/2013 – Amicus Brief by Liberty, Life & Law Foundation 02/18/2013 – Amicus Brief by Bioethics Defense Fund, et al. 02/19/2013 – Amicus Brief by Amer. Ass’n. of Pro Life

Obstetricians & Gynecologists, et al. 02/19/2013 – Joint Amicus Brief by States of Michigan & Ohio 02/19/2013 – Amicus Brief by Diocese of Grand Rapids 02/19/2013 – Amicus Brief by Ass’n of Christian Schools Int’l, et

al. 02/21/2013 – Amicus Brief by Family Trust Found. of Kentucky. 03/14/2013 – Appellee Brief 03/21/2013 – Amicus Brief by Am. Pub. Health Ass’n., et al. 03/21/2013 – Amicus Brief by Am. Coll. of Obstetricians &

Gynecologists, et al. 03/21/2013 – Amicus Brief by National Health Law Program 03/21/2013 – Amicus Brief by Planned Parenthood of Middle &

East Tennessee, et al. 03/21/2013 – Amicus Brief by Americans United for Separation

of Church & State, et al. 03/22/2013 – Amicus Brief by Am. Civil Liberties Union, et al. 03/29/2013 – Substituted Amicus Brief by Americans United for

Separation of Church & State, et al. 04/01/2013 – Appellant Reply Brief 04/16/2013 – Oral argument set for Tues., June 11, 2013 at 1 pm 05/17/2013 – Supplemental briefs due

Western District of Michigan

Infrastructure Alternatives, Inc. v. Sebelius, No. 13-cv-00031, Judge Robert J. Jonker

01/10/2013 – Complaint 03/18/2013 – Motion to Dismiss and Brief in Support by

Defendants 04/15/2013 – Response in Opp. to Motion to Dismiss by

Plaintiffs 04/29/2013 – Reply in Support of Motion to Dismiss

District of Minnesota

Held:

Preliminary Injunction

Annex Medical v. Sebelius, No. 0:12–cv–02804, assigned to Senior Judge David S. Doty, referred to Magistrate Judge Steven E. Rau

11/02/2012 – Complaint 11/21/2012 – Motion for Preliminary Injunction 11/21/2012 – Mem. in Support of Motion for Preliminary

Page 33: VENUE HEALTH REFORM LITIGATION Constitutional Challenges · 04/19/2011– Motion for Extension of Time to Reply to Motion Response 04/20/2011– Minute Order granting Defendant’s

33

Denied

Appealed to 8th Cir. Ct. of App.

Injunction 12/12/2012 – Response in Opp. to Motion for Preliminary

Injunction 12/21/2012 – Reply in Support of Motion for Preliminary

Injunction 01/08/2013 – Order denying Motion for Preliminary Injunction 01/08/2013 – Judgment Entered 01/11/2013 – Notice of Appeal 01/11/2013 – Mem. in Support of Motion for Preliminary

Injunction Pending Appeal 01/14/2013 – Motion for Preliminary Injunction Pending

Appeal, corrected (originally filed on 01/11/2013)

01/15/2013 – Mem. in Opp. to Motion for Preliminary Injunction Pending Appeal

01/16/2013 – Reply in Support of Motion for Preliminary Injunction Pending Appeal

01/17/2013 – Order Denying Motion for Preliminary Injunction Pending Appeal

01/24/2013 – Joint Motion to Stay Proceedings Pending Appeal 01/25/2013 – Order Granting Motion to Stay

8th Cir. Ct. of App.

Annex Medical v. Kathleen Sebelius, No. 13-1118

01/14/2013 – Appeal docketed (from No. 12-cv-02804) 01/18/2013 – Emergency Motion for Preliminary Injunction

Pending Appeal by Appellants 01/25/2013 – Response in Opp. to Emergency Motion for

Preliminary Injunction Pending Appeal 01/29/2013 – Reply in Support of Emergency Motion for

Preliminary Injunction pending Appeal 02/01/2013 – Order Granting Motion for Emergency Preliminary

Injunction pending Appeal 02/14/2013 – Motion to consolidate case with 12-3357 (O’Brien

v. HHS) by Appellees 02/22/2013 – Response in Opp. to Motion to consolidate 03/04/2013 – Order Denying Motion to consolidate 03/07/2013 – Appellant Opening Brief 03/19/2013 – Amicus Brief by Am. Ass’n of Pro-Life

Obstetricians & Gynecologists, et al. 03/19/2013 – Amicus Brief by Liberty, Life & Law Found. 03/19/2013 – Amicus Brief by Catholic Online, et al. 03/19/2013 – Amicus Brief by Bioethics Defense Fund, et al. 03/19/2013 – Amicus Brief by Missouri Roundtable for Life and

the Right Reverend W. Thomas Frerking

Page 34: VENUE HEALTH REFORM LITIGATION Constitutional Challenges · 04/19/2011– Motion for Extension of Time to Reply to Motion Response 04/20/2011– Minute Order granting Defendant’s

34

03/19/2013 – Amicus Brief by Ass’n of Christian Schools Int’l, et al.

03/19/2013 – Amicus Brief by Minnesota Catholic Conference 03/19/2013 – Amicus Brief by Eagle Forum Education and Legal

Defense Fund 03/19/2013 – Amicus Brief by Charles N. Sharpe and Sharpe

Holdings 04/10/2013 – Appellee Brief

District of Minnesota

Held:

Preliminary Injunction Granted;

proceedings Stayed

Hall v. Sebelius, No. 13-cv-00295, Judge Leo I. Brisbois

02/05/2013 – Complaint 03/22/2013 – Motion for Preliminary Injunction by Plaintiff 03/25/2013 – Notice of Non-Opposition to Motion for

Preliminary Injunction and Stay of Proceedings by Defendants

04/02/2013 – Order Granting Motion for Preliminary Injunction, Staying case pending resolution of appeal in either O’Brien or Annex Medical.

Northern District of

Mississippi

Am. Family Ass’n, Inc. v. Sebelius, No. 13-cv-00032, Judge Sharion Aycock

02/20/2013 – Complaint 03/19/2013 – Motion for Preliminary Injunction by Plaintiffs

and Mem. in Support 04/19/2013 – Response in Opp. to Motion for Preliminary

Injunction by Defendants 04/19/2013 – Motion to Dismiss by Defendants and Mem. in

Support 05/03/2013 – Reply in Support of Motion for Preliminary

Injunction by Plaintiffs 05/03/2013 – Response in Opp. to Motion to Dismiss by

Plaintiffs

Southern District of

Mississippi

Held: Dismissed Without

Prejudice for Lack of

Jurisdiction

The Catholic Diocese of Biloxi, Inc. v. Sebelius, No. 1:12–cv–00158, assigned to Judge Halil S. Ozerden, referred to Magistrate Judge Robert H. Walker

05/21/2012 – Complaint 08/06/2012 – Motion to Dismiss for Lack of Jurisdiction by

Defendants 08/06/2012 – Mem. in Support of Motion to Dismiss 08/27/2012 – Response in Opp. to Motion to Dismiss 09/24/2012 – Reply in Support of Motion to Dismiss

Page 35: VENUE HEALTH REFORM LITIGATION Constitutional Challenges · 04/19/2011– Motion for Extension of Time to Reply to Motion Response 04/20/2011– Minute Order granting Defendant’s

35

10/11/2012 – Motion for Oral Argument regarding Motion to Dismiss filed by Plaintiff

11/26/2012 – Mem. in Opp. to Motion to Dismiss by Amicus Curiae the American Center for Law and Justice, et al.

12/20/2012 – Mem. Opinion and Order granting Motion to Dismiss

12/20/2012 – Final Judgment dismissing action without prejudice

01/08/2013 – Motion to Alter Judgment by Plaintiffs 01/08/2013 – Mem. in Support re: Motion to Alter Judgment 01/22/2013 – Response in Opp. to Motion to Alter Judgment 01/22/2013 – Mem. in Opp. to Motion to Alter Judgment 01/29/2013 – Rebuttal Mem. in Support of Motion to Alter

Judgment

02/15/2013 – Order Denying Plaintiffs’ Motion to Alter Judgment

Eastern District of Missouri

Sharpe Holdings, Inc. v. US DHHS, No. 12-cv-00092, Judge David D. Noce

12/20/2012 – Complaint 12/20/2012 – Motion for TRO and Preliminary Injunction 12/20/2012 – Mem. in Support re: Motion for TRO and

Preliminary Injunction 12/27/2012 – Supplemental Mem. in Support of Motion for

TRO and Preliminary Injunction 12/28/2012 – Mem. in Opp. to Motion for TRO and Preliminary

Injunction 12/30/2012 – Reply in Support of Motion for TRO and

Preliminary Injunction 12/31/2012 – Mem. and Order Granting TRO 01/07/2013 – Amicus Brief by ACLU and ACLU of Eastern

Missouri in Opp. to Motion for TRO and Preliminary Injunction

01/11/2013 – Supp. Brief re: Exemptions to Contraceptive Coverage Requirement by Plaintiff

01/12/2013 – Reply in Support of Motion for TRO and preliminary Injunction

01/14/2013 – Order continuing TRO pending determination on injunctive relief

03/11/2013 – Motion to Stay Proceedings and Notice of Non-Opposition to Plaintiffs' Motion for Preliminary Injunction by Defendants

03/15/2013 – Order setting telephonic hearing on Defendant’s Motion to Stay for Thursday, March 21 at 2 pm.

Page 36: VENUE HEALTH REFORM LITIGATION Constitutional Challenges · 04/19/2011– Motion for Extension of Time to Reply to Motion Response 04/20/2011– Minute Order granting Defendant’s

36

03/18/2013 – Response in Opp. to Motion to Stay Proceedings and requesting approval of Plaintiffs’ Motion for Preliminary Injunction

03/21/2013 – Reply in Support of Motion to Stay Proceedings and Notice of Non-Opposition to Plaintiffs’ Motion for Preliminary Injunction by Defendants

Eastern District of Missouri

Held: Dismissed Without

Prejudice for Lack of

Jurisdiction

Archdiocese of St. Louis v. Sebelius, No. 4:12–cv–00924, Judge John A. Ross

05/21/2012 – Complaint 08/06/2012 – Motion to Dismiss by Defendants 08/06/2012 – Mem. in Support of Motion to Dismiss 08/22/2012 –Amicus Brief by Am. Ctr. for Law & Justice, et al. 08/27/2012 – Mem. in Opp. to Motion to Dismiss 09/24/2012 – Reply in Support of Motion to Dismiss

01/29/2013 – Mem. and Order Granting Motion to Dismiss

Eastern District of Missouri

Held: Dismissed for Lack of

Jurisdiction

Appealed to 8th Cir. Ct. of Appeals

O’Brien v. U.S. Dep’t of Health & Human Servs., No. 4:12-cv-00476, Judge Carol E. Jackson

03/15/2012 – Complaint 05/21/2012 – Motion to Dismiss by Defendants 05/21/2012 – Mem. in Support of Motion to Dismiss 06/11/2012 – Amended Complaint 07/16/2012 – Motion to Dismiss Amended Complaint 07/16/2012 – Mem. in Support of Motion to Dismiss Amended

Complaint 08/06/2012 – Plaintiff’s Mem. in Opp. to Defendant’s Motion to

Dismiss Amended Complaint 08/15/2012 – Amicus Brief by ACLU, ACLU of Eastern Missouri in

Support of Defendants’ Motion to Dismiss Amended Complaint

08/23/2012 – Motion for Preliminary Injunction by Plaintiffs 08/23/2012 – Mem. in Support of Motion for Preliminary

Injunction 08/24/2012 – Defendants’ Reply in Support of Motion to Dismiss 09/14/2012 – Defendants’ Response in Opp. to Motion for

Preliminary Injunction 09/24/2012 – Reply in Support of Motion for Preliminary

Injunction 09/28/2012 – Mem. and Order Dismissing for Lack of Jurisdiction 10/01/2012 – Notice of Appeal

Page 37: VENUE HEALTH REFORM LITIGATION Constitutional Challenges · 04/19/2011– Motion for Extension of Time to Reply to Motion Response 04/20/2011– Minute Order granting Defendant’s

37

8th Cir. Ct. of App.

Frank O’Brien Jr., v. Dep’t of HHS, No. 12–3357, Judge Carol E. Jackson

10/04/2012 – Appeal docketed (from No. 12-cv-00476) 10/23/2012 – Motion for Preliminary Injunction filed by

Appellants 11/01/2012 – Mem. in Support of Motion for Preliminary

Injunction 11/13/2012 – Appellant Opening Brief 11/13/2012 – Addendum of Appellant Brief 11/20/2012 – Amicus Brief of Liberty, Life, and Law Foundation 11/20/2012 – Amicus Brief of American Ass’n of Pro-Life

Obstetritions & Gynecologists, et al. 11/20/2012 – Amicus Brief of Catholic Online, et al. 11/26/2012 – Amicus Brief of Archdiocese of St. Louis 11/26/2012 – Amicus Brief by Ass’n of Christian Schools Int’l, et

al. 11/26/2012 – Amicus Brief of Bioethics Defense Fund, et al. 11/28/2012 – Order entering Stay pending Appeal 12/27/2012 – Appellee Brief 01/04/2013 – Amicus Brief of National Health Law Program 01/04/2013 – Amicus Brief of American Public Health Ass’n, et al. 01/04/2013 – Amicus Brief of Americans United for Separation of

Church and State, et al. 01/04/2013 – Amicus Brief of American Civil Liberties Union, et

al. 01/16/2013 – Amicus Brief of National Women’s Law Center 01/18/2013 – Appellant’s Reply Brief 02/14/2013 – Motion to consolidate case with 13-1118 (Annex

Medical v. Kathleen Sebelius) by Appellees 02/22/2013 – Response in Opp. to Motion to consolidate 03/04/2013 – Order Denying Motion to consolidate

Eastern District of Missouri

Held: Case

Stayed

Bick Holdings Inc. v. US DHHS, No. 13-cv-00462, Judge Audrey G. Fleissig

03/13/2013 – Complaint 03/25/2013 – Motion for Preliminary Injunction by Plaintiffs and

Mem. in Support 03/28/2013 – Response to Motion for Preliminary Injunction by

Defendants (notice of non-opposition) 03/28/2013 – Consent Motion to Stay proceedings 04/01/2013 – Order Staying case pending resolution of appeal in

O’Brien or Annex Medical.

Page 38: VENUE HEALTH REFORM LITIGATION Constitutional Challenges · 04/19/2011– Motion for Extension of Time to Reply to Motion Response 04/20/2011– Minute Order granting Defendant’s

38

Western District of Missouri

Held:

Preliminary Injunction

Granted

Sioux Chief MFG. Co., Inc. v. Sebelius, No. 4:13-cv-00036, Judge Ortrie D. Smith

01/14/2013 – Complaint

02/27/2013 – Motion for Preliminary Injunction by Plaintiffs and Suggestions in Support

02/28/2013 – Defendant’s Motion to Stay and Non-opposition to Motion for Preliminary Injunction

02/28/2013 – Order Granting Motion for Preliminary Injunction and Granting Motion to Stay

Western District of Missouri

Held:

Preliminary Injunction

Granted

Appealed to 8th Cir. Ct. of App.

American Pulverizer Co. v. HHS, No. 12-cv-03459, Judge Richard E. Dorr

10/19/2012 – Complaint 11/20/2012 – Motion for Preliminary Injunction by Plaintiff 11/20/2012 – Suggestions in Support of Motion for Preliminary

Injunction 12/04/2012 – Suggestions in Opp. to Motion for Preliminary

Injunction by Defendants 12/10/2012 – Reply Suggestions in Support of Motion for

Preliminary Injunction 12/13/2012 – Amicus Brief in Opp. to Motion for Preliminary

Injunction by ACLU 12/17/2012 – Reply in Support of Motion for Preliminary

Injunction 12/20/2012 – Order granting Motion for Preliminary Injunction 02/19/2013 – Notice of Appeal 02/19/2013 – Joint Motion to Stay proceedings pending Appeal 02/20/2013 – Order Granting Motion to Stay

8th Cir. Ct. of App.

Held: Stayed

American Pulverizer Co. v. HHS, No. 13-1395

02/25/2013 – Appeal Docketed (from No. 12-cv-03459) 02/26/2013 – Motion to hold case in abeyance pending Court’s

decision in related appeal 02/26/2013 – Order Granting Motion to hold case in abeyance

pending decision in O’Brien

Western District of Missouri

Held: Complaint

Dismissed Without

Prejudice

College of the Ozarks v. US DHHS, No. 12-cv-03428, Judge Brian C. Wimes

09/17/2012 – Complaint 01/14/2013 – Notice of Voluntary Dismissal by Plaintiffs 01/16/2013 – Order of Dismissal without Prejudice

Page 39: VENUE HEALTH REFORM LITIGATION Constitutional Challenges · 04/19/2011– Motion for Extension of Time to Reply to Motion Response 04/20/2011– Minute Order granting Defendant’s

39

District of Nebraska

Held: Complaint Dismissed

Without Prejudice

Appealed to 8th

Cir. Ct. of App.

State of Nebraska v. U.S. Dep’t of Health & Human Servs., No. 4:12–cv–03035, Judge Warren K. Urbom

02/23/2012 – Complaint 04/30/2012 – Motion to Dismiss by Defendants 04/30/2012 – Brief in Support of Motion to Dismiss filed by

Defendants 05/24/2012 – Brief in Opp. to Motion to Dismiss 06/13/2012 – Reply Brief in Support of Motion to Dismiss 07/17/2012 – Mem. and Order granting Defendants’ Motion to

Dismiss 07/17/2012 – Judgment entered against Plaintiffs, Complaint

dismissed without prejudice 09/14/2012 – Notice of Appeal 09/25/2012 – Scheduling Letter as to Notice of Appeal

8th Cir. Ct. of App.

State of Nebraska v. U.S. Dep’t of HHS, No. 12-3238

09/25/2012 – Appeal docketed (from No. 4:12-cv-03035) 11/05/2012 – Appellant Opening Brief 11/14/2012 – Amicus Brief by Am. Ass’n of Pro-Life Obst. & Gyn.,

et al. 11/14/2012 – Amicus Brief by Eagle Forum Education & Legal

Defense Fund 01/30/2013 – Appellee Brief 02/08/2013 – Motion to Stay Proceedings by Appellants 02/19/2013 – Response with No Opp. to Stay

Page 40: VENUE HEALTH REFORM LITIGATION Constitutional Challenges · 04/19/2011– Motion for Extension of Time to Reply to Motion Response 04/20/2011– Minute Order granting Defendant’s

40

Eastern District of New York

Held: Dismissed

Without Prejudice for

Lack of Jurisdiction

Priests for Life v. Sebelius No. 1:12–cv–00753, Judge Frederic Block

02/05/2012 – Complaint 04/23/2012 – Motion for pre–motion conference by Defendants 05/14/2012 – Amended Complaint 05/15/2012 – Order granting and scheduling pre–motion

conference 09/12/2012 – Motion to Dismiss filed by Defendants 09/12/2012 – Mem. in Support of Motion to Dismiss 09/12/2012 – Mem. in Opp. to Motion to Dismiss 09/12/2012 – Reply in Support of Motion to Dismiss 11/09/2012 – Motion for Temporary Restraining Order

(TRO)/Preliminary Injunction filed by Plaintiff 11/09/2012 – Mem. in Support of TRO/Preliminary Injunction 11/09/2012 – Mem. in Opp. to TRO/Preliminary Injunction 11/09/2012 – Reply in Support of TRO/Preliminary Injunction 12/18/2012 – Notice of Filing of Supplemental Declaration of

Danielle Jones for Plaintiff (re: Accommodation) 12/19/2012 – Notice by Defendant re: Supplemental Declaration 12/20/2012 – Scheduling Order 12/21/2012 – Stipulation of the Parties as to Injunctive Relief

(stipulating that Plaintiff qualifies for temporary enforcement safe harbor)

12/21/2012 – Order electronically endorsing Stipulation by the parties as to Injunctive Relief

01/08/2013 – Electronic Order declaring motion for TRO as moot based on stipulation by the parties

04/12/2013 – Order Granting Motion to Dismiss

Eastern District of New York

Held: Motion to

Dismiss Granted in Part, Denied

in Part

Roman Catholic Archdiocese of New York v. Sebelius, No. 1:12–cv–02542, Judge Brian M. Cogan

05/21/2012 – Complaint 08/06/2012 – Motion to Dismiss for Lack of Jurisdiction by

Defendants 08/27/2012 – Mem. in Opp. to Motion to Dismiss 09/24/2012 – Reply in Support of Motion to Dismiss 12/05/2012 – Mem. and Order granting Defendants Motion to

Dismiss in part and denying in part. Claims of Diocese and Catholic Charities dismissed for lack of standing. Defendants’ motion otherwise denied.

01/08/2013 – Minute Entry for Status Conference held on 01/07/2013. Defendants shall produce documents on a rolling basis, and depositions may be taken between Mar. 25, 2013 and Aug. 9, 2013. Motions

Page 41: VENUE HEALTH REFORM LITIGATION Constitutional Challenges · 04/19/2011– Motion for Extension of Time to Reply to Motion Response 04/20/2011– Minute Order granting Defendant’s

41

for Summary Judgment must be filed by Aug. 16, 2013.

01/11/2013 – Motion and Mem. in Support for Reconsideration of Order on Motion to Dismiss by Defendants

01/23/2013 – Order Granting Motion for Reconsideration of Order on Motion to Dismiss. Plaintiff’s respond due by 02/01/2013.

02/01/2013 – Mem. in Opp. to Motion for Reconsideration by Plaintiffs

02/08/2013 – Reply in Support of Motion for Reconsideration

03/15/2013 – Answer to Complaint by Defendants

04/24/2013 – Emergency Motion to Halt Proceedings and Dismiss case by Defendants

04/24/2013 – Order Granting Emergency Motion in part--all proceedings and discovery stayed pending completion of Defendant agency’s current rulemaking proceedings. Defendant shall provide status updates on rulemaking every 60 days.

04/25/2013 – Letter in response to Emergency Motion by Plaintiffs

Southern District of Ohio

Held: Case

Dismissed for Lack of

Jurisdiction

Franciscan Univ. of Steubenville v. Sebelius, No. 2:12–cv–00440, assigned to Judge Algenon L. Marbley, referred to Magistrate Judge Mark R. Abel

05/21/2012 – Complaint with Jury Demand 08/06/2012 – Motion to Dismiss for Lack of Jurisdiction by

Defendants and Mem. in Support 08/17/2017 – Motion to Stay Discovery by Defendants 08/27/2012 – Response in Opp. to Motion to Dismiss 09/07/2012 – Response in Opp. to Motion to Stay Discovery 09/21/2012 – Reply in Support of Motion to Stay Discovery 09/24/2012 – Reply in Support of Motion to Dismiss 10/08/2012 – Amicus Brief by Am. Ctr. for Law & Justice

Supporting Plaintiff 10/12/2012 – Motion and Mem. of Support for Preliminary

Injunction and Permanent Injunction filed by Plaintiff

10/12/2012 – Motion to Consolidate Pending Motions 10/16/2012 – Order of Recusal signed by Judge George C Smith 11/02/2012 – Response Opposing Consolidation and in Opp. to

Motion for Preliminary Injunction and Permanent Injunction filed by Defendants

11/14/2012 – Order of Recusal by Judge Edmund A Sargus. Case reassigned to Judge Algenon L. Marbley

Page 42: VENUE HEALTH REFORM LITIGATION Constitutional Challenges · 04/19/2011– Motion for Extension of Time to Reply to Motion Response 04/20/2011– Minute Order granting Defendant’s

42

11/16/2012 – Reply in Support of Motion for Preliminary Injunction and Permanent Injunction by Plaintiff

03/22/2013 – Order Granting Motion to Dismiss

Western District of Oklahoma

Held: Preliminary Injunction

Denied

Appealed to 10th Cir. Ct. of

App.

Hobby Lobby Stores Inc. v. Sebelius, No. 5:12–cv–01000, Judge Joe Heaton

09/12/2012 – Complaint 09/12/2012 – Motion for Preliminary Injunction and Opening

Brief in Support by Plaintiffs 10/11/2012 – Unopposed Motion to File Amicus Brief by Dan

Burton, Daniel R Coats, Thad Cochran, Mike Crapo, Charles Grassley, Orrin G Hatch, Wally Herger, James M Inhofe, Donald Manzullo, Mitch McConnell, John Mica, Pat Roberts, Richard Shelby, Lamar Smith

10/15/2012 – Order denying various currently serving Members of Congress' Motion for leave to file an amicus brief

10/22/2012 – Response to Motion for Preliminary Injunction 10/29/2012 – Reply in Support of Preliminary Injunction 11/01/2012 – Minute Entry hearing held on Motion for

Preliminary Injunction 11/19/2012 – Order denying Plaintiff’s Motion for Preliminary

Injunction 11/19/2012 – Notice of Appeal 12/10/2012 – Joint Motion to Stay case Pending Appeal 12/12/2012 – Order granting Motion to Stay Pending Appeal

10th Cir. Ct. of App.

Hobby Lobby Stores v. Sebelius, No. 12-6294

11/20/2012 – Appeal docketed (from No. 5:12–cv–01000) 11/20/2012 – Motion by Appellants for Injunction Pending

Appeal 11/30/2012 – Response to Motion for Injunction Pending Appeal 12/03/2012 – Reply to Motion for Injunction Pending Appeal 12/20/2012 – Order denying Motion for Injunction Pending

Appeal 01/07/2013 – Motion by Appellees to consolidate related

Appeals 01/10/2013 – Response to Motion to consolidate related

Appeals 01/11/2013 – Reply in Support of Motion to consolidate related

Appeals 02/11/2013 – Appellant Opening Brief

Page 43: VENUE HEALTH REFORM LITIGATION Constitutional Challenges · 04/19/2011– Motion for Extension of Time to Reply to Motion Response 04/20/2011– Minute Order granting Defendant’s

43

02/15/2013 – Amicus Brief by Liberty, Life & Law Foundation 02/15/2013 – Amicus Brief by American Ctr. for Law & Justice 02/18/2013 – Amicus Brief by Bioethics Defense Fund, et al. 02/19/2013 – Amicus Brief by State of Oklahoma 02/19/2013 – Amicus Brief by Archdiocese of Oklahoma City 02/19/2013 – Amicus Brief by National Legal Foundation, et al. 02/19/2013 – Amicus Brief by Am. Ass’n of Pro-Life

Obstetricians & Gynecologists, et al. 02/19/2013 – Amicus Brief by W. Thomas Frerking & Missouri

Roundtable for Life 02/19/2013 – Amicus Brief by Eagle Forum, et al. 02/20/2013 – Amicus Brief by United States Justice Foundation 02/21/2013 – Amicus Brief by Sen. Orrin G. Hatch, et al. 02/21/2013 – Amicus Brief by Ass’n of Christian Schools Int’l, et

al. 03/07/2013 – Motion by Appellants to expedite case 03/15/2013 – Appellee Brief 03/21/2013 – Amicus Brief by Am. Medical Women’s Ass’n, et al. 03/22/2013 – Amicus Brief by National Health Law Program, et

al. 03/22/2013 – Amicus Brief by Am. Civil Liberties Union, et al. 03/22/2013 – Amicus Brief by Am. Ass’n of Univ. Women, et al. 03/22/2013 – Amicus Brief by Ams. United for Separation of

Church & State, et al. 03/25/2013 – Amicus Brief by Am. Public Health Ass’n, et al. 03/29/2013 – Appellant’s Reply Brief 04/22/2013 – Supplemental Brief by Appellees 04/22/2013 – Supplemental Brief by Appellants

Eastern District of Pennsylvania

Held:

Preliminary Injunction

Denied

Appealed to 3d Cir. Ct. of App

Conestoga Wood Specialties Corp. v. Sebelius, No. 12-cv-06744, Judge Mitchell S. Goldberg

12/04/2012 – Complaint 12/07/2012 – Motion for Preliminary Injunction by Plaintiff 12/08/2012 – Brief in Support of Motion for Preliminary

Injunction 12/19/2012 – Response in Opp. to Motion for Preliminary

Injunction by Defendants 12/28/2012 – Order temporarily restraining from enforcing

contraceptive coverage requirement against plaintiff for two weeks. Evidentiary hearing and oral argument on Motion for Preliminary Injunction set for 01/04/2013.

01/02/2013 – Amicus Brief of ACLU and ACLU of Pennsylvania in Opp. to Motion for Preliminary Injunction

Page 44: VENUE HEALTH REFORM LITIGATION Constitutional Challenges · 04/19/2011– Motion for Extension of Time to Reply to Motion Response 04/20/2011– Minute Order granting Defendant’s

44

01/11/2013 – Amended Complaint 01/11/2013 – Order Denying Motion for Preliminary

Injunction 01/14/2013 – Notice of Appeal 01/15/2013 – Motion to Stay Pending Appeal 01/16/2013 – Order granting Motion to Stay Pending Appeal

3d Cir. Ct. of App.

Conestoga Wood Specialties Corp. v. Sec’y of DHHS, No. 13-1144

01/17/2013 – Appeal docketed (from No. 12-cv-06744) 01/22/2013 – Expedited Motion for Injunction Pending Appeal

by Appellant 01/28/2013 – Response in Opp. to Expedited Motion for

Injunction Pending Appeal 01/29/2013 – Reply in Support of Expedited Motion for

Injunction Pending Appeal 02/07/2013 – Order Denying Expedited Motion for Injunction

Pending Appeal 02/19/2013 – Motion to Expedite Consideration 02/20/2013 – Amended Motion to Expedite Consideration 03/05/2013 – Order Granting Unopposed motion for

Expedited Briefing Schedule 03/15/2013 – Appellant Opening Brief 03/21/2013 – Amicus Brief by Liberty, Life & Law Found. 03/21/2013 – Amicus Brief by Daniel R. Coats, et al. 03/22/2013 – Amicus Brief by U.S. Justice Found. 03/22/2013 – Amicus Brief by Am. Physicians & Surgeons, et

al. 03/22/2013 – Amicus Brief by New Jersey Family Policy

Council 03/22/2013 – Amicus Brief by Breast Cancer Prevention Inst. 03/22/2013 – Amicus Brief by Bart Stupak & Democrats for

Life of America 03/22/2013 – Amicus Brief of Ass’n of Christian Schools, et al. 03/22/2013 – Amicus Brief of Bradley P. Jacob, et al. 04/15/2013 – Appellee Brief 04/22/2013 – Amicus Brief by Ctr. for Reproductive Rights, et

al. 04/22/2013 – Amicus Brief by Physicians for Reproductive

Health, et al. 04/22/2013 – Amicus Brief by National Health Law Program,

et al. 04/22/2013 – Amicus Brief of National Women’s Law Center,

et al. 04/22/2013 – Amicus Brief for Am. Civil Liberties Union, et al.

Page 45: VENUE HEALTH REFORM LITIGATION Constitutional Challenges · 04/19/2011– Motion for Extension of Time to Reply to Motion Response 04/20/2011– Minute Order granting Defendant’s

45

04/22/2013 – Amicus Brief by Ams. United for Separation of Church & State

04/23/2013 – Amicus Brief by Lambda Legal Def. & Educ. Fund

04/30/2013 – Appellants’ Reply Brief

Western District of Pennsylvania

Held: Dismissed Without

Prejudice for Lack of

Jurisdiction

Persico v. Sebelius, No. 12-cv-00123, Judge Sean J. McLaughlin

05/21/2012 – Complaint 08/06/2012 – Motion to Dismiss by Defendants 08/06/2012 – Mem. in Support of Motion to Dismiss 08/24/2012 – Amicus Brief in Opp. to Motion to Dismiss by

Am. Ctr. for Law & Justice, et. al. 08/27/2012 – Brief in Opp. to Motion to Dismiss by Plaintiffs 08/31/2012 – Amicus Brief in Support of Motion to Dismiss by

Ass’n of Pittsburgh Priests, et al. 09/04/2012 – Motion for Preliminary and Permanent

Injunctions by Plaintiffs 09/04/2012 – Brief in Support of Preliminary and Permanent

Injunctions 09/24/2012 – Reply in Support of Motion to Dismiss 10/16/2012 – Brief in Opp. to Motion for Preliminary and

Permanent Injunction 11/02/2012 – Reply in Support of Motion for Preliminary and

Permanent Injunctions 01/22/2013 – Order and Opinion Granting Motion to Dismiss

Western District of Pennsylvania

Held: Dismissed Without

Prejudice for Lack of

Jurisdiction

Appealed to 3d Cir. Ct. of App.

Most Reverend David A. Zubik, Bishop of the Roman Catholic Diocese of Pittsburgh v. Sebelius, No. 2:12–cv–00676, Judge Terrence F. McVerry

05/21/2012 – Complaint 08/06/2012 – Motion to Dismiss for Lack of Jurisdiction by

Defendants 08/06/2012 – Brief in Support of Motion to Dismiss 08/27/2012 – Brief in Opp. to Motion to Dismiss 08/30/2012 – Amicus Brief of American Center for Law & Justice

in Opp. to Motion to Dismiss 08/31/2012 – Amicus Brief in Support of Motion to Dismiss filed

by Ass’n of Pittsburgh Priests, et al. 09/21/2012 – Motion for Preliminary and Permanent Injunction 09/21/2012 – Motion for Rule 65(a)(2) Consolidated Trial and

Preliminary Injunction Hearing 09/21/2012 –Mem. in Support of Motions for Consolidated Trial,

Preliminary Injunction, and Permanent Injunction 09/24/2012 – Brief in Opp. to Motion for Scheduling Order or

Page 46: VENUE HEALTH REFORM LITIGATION Constitutional Challenges · 04/19/2011– Motion for Extension of Time to Reply to Motion Response 04/20/2011– Minute Order granting Defendant’s

46

Trial Setting Conference filed by Defendants 09/24/2012 – Reply Brief in Support of Motion to Dismiss 09/25/2012 – Reply Brief to Motion for Scheduling Order or

Trial Setting Conference filed by Catholic Charities et al.

09/25/2012 – Brief in Support of Motion for Scheduling Order or Trial Setting Conference filed by Catholic Charities et al.

10/01/2012 – Sur–Reply Brief to Motion to Dismiss 10/15/2012 – Brief in Opp. to Motion for Consolidated Trial,

Preliminary Injunction, and Permanent Injunction 10/25/2012 – Reply Brief to Motions for Consolidated Trial,

Preliminary Injunction, and Permanent Injunction 11/27/2012 – Order and Mem. Opinion granting Defendants’

Motion to Dismiss for Lack of Jurisdiction 01/23/2013 – Notice of Appeal

3d Cir. Ct. of App.

David Zubik v. HHS, No. 13-1228

01/25/2013 – Appeal Docketed (from No. 12–cv–00676) 01/25/2013 – Clerk Order advising of jurisdictional defect and

possible dismissal and requesting party briefing 02/05/2013 – Appellee Response to jurisdictional question 02/08/2013 – Appellant Response to jurisdictional question

Middle District of Tennessee

Held: Dismissed

Without Prejudice for

Lack of Jurisdiction

Appealed to 6th Cir. Ct. of App.

The Catholic Diocese of Nashville v. Sebelius, No. 3:12–cv–00934, assigned to Judge Todd J. Campbell, referred to Magistrate Judge E. Clifton Knowles

09/12/2012 – Complaint 09/12/2012 – Motion for Preliminary Injunction by Plaintiffs 09/12/2012 – Mem. in Support of Motion For Preliminary

Injunction 09/21/2012 – Emergency Motion for Preliminary Injunction

Hearing filed by Plaintiffs 09/24/2012 – Response in Opp. regarding Emergency Motion 10/03/2012 – Order setting hearing to consider Motion for

Preliminary Injunction on 11/15/2012 10/04/2012 – Motion for Review regarding Order filed by

Defendants 10/09/2012 – Motion to Dismiss for Lack of Jurisdiction filed by

Defendants 10/09/2012 – Mem. in Support of Motion to Dismiss 10/22/2012 – Opp. to Motion for Review 10/23/2012 – Order granting Motion for Review

Page 47: VENUE HEALTH REFORM LITIGATION Constitutional Challenges · 04/19/2011– Motion for Extension of Time to Reply to Motion Response 04/20/2011– Minute Order granting Defendant’s

47

10/23/2012 – Order setting bench trial for 6/25/2013 10/26/2012 – Response in Opp. to Motion to Dismiss 11/05/2012 – Reply in Support of Motion to Dismiss 11/15/2012 – Minute Entry and Transcript of Motion Hearing 11/21/2012 – Order granting Defendant’s Motion to Dismiss 11/21/2012 – Judgment Entered 12/19/2012 – Notice of Appeal

6th Cir. Ct. of App.

Held:

Voluntarily Dismissed

The Catholic Diocese of Nashville v. Kathleen Sebelius, No. 12-6590

12/20/2012 – Appeal Docketed (from No. 3:12-cv-00934) 02/28/2013 – Motion by Appellant to Voluntarily Dismiss 02/28/2013 – Letter Granting Voluntary Dismissal

Northern District of Texas

Held: Dismissed

Without Prejudice for

Lack of Jurisdiction

Roman Catholic Diocese of Dallas v. Sebelius, No. 3:12–cv–01589–B, 3:12–cv–01589, Judge Jane J. Boyle

05/21/2012 – Complaint with Jury Demand 08/06/2012 – Motion to Dismiss for Lack of Jurisdiction and

Brief in Support by Defendants 08/20/2012 – Motion to File Amicus Brief in Support of Plaintiff

on Behalf of the Am. Ctr. for Law & Justice and 79 Members of Congress

08/27/2012 – Response to Motion to Dismiss 09/24/2012 – Reply Supporting Motion to Dismiss 09/28/2012 – Order denying without prejudice Am. Ctr. for Law

& Justice Motion to Appear as Amicus Curiae 01/28/2013 – Order directing the Parties to submit additional

Briefing by 02/08/2013. 02/08/2013 – Mem. in Support of Motion to Dismiss 02/08/2013 – Mem. in Opp. to Motion to Dismiss

02/26/2013 – Mem. Opinion and Order Granting in Part and Denying in Part Defendants’ Motion to Dismiss; Case Dismissed in its entirety.

Northern District of Texas

Roman Catholic Diocese of Fort Worth v. Sebelius, No. 4:12–cv–00314–Y, Judge Terry R. Means

05/21/2012 – Complaint with Jury Demand 08/06/2012 – Motion to Dismiss for Lack of Jurisdiction by

Defendants 08/27/2012 – Response to Motion to Dismiss 09/24/2012 – Reply filed regarding Motion to Dismiss 09/26/2012 – Amicus Brief by Am. Ctr. for Law & Justice, et al.

Page 48: VENUE HEALTH REFORM LITIGATION Constitutional Challenges · 04/19/2011– Motion for Extension of Time to Reply to Motion Response 04/20/2011– Minute Order granting Defendant’s

48

in Opp. to Motion to Dismiss

01/31/2013 – Order Denying Motion to Dismiss

02/28/2013 – Defendant’s Motion for Reconsideration or alternatively, for Permission to Appeal Immediately

02/28/2013 – Answer to Complaint

03/21/2013 – Response in Opp. to Motion for Reconsideration 04/04/2013 – Reply by Defendants in Support of Motion for

Reconsideration

Southern District of Texas

Held: Case

stayed

East Texas Baptist Univ. v. Sebelius, No. 4:12–cv–03009, Judge Lee H. Rosenthal

10/09/2012 – Complaint 12/20/2012 – Minute Entry for proceedings held on

12/20/2012. Case is stayed and parties must submit status reports every 60 days. Status conference set for 04/01/2013.

02/15/2013 – Plaintiffs’ Status Report 02/18/2013 – Defendants’ Status Report 03/08/2013 – Opposed Motion to Intervene as Plaintiff by

Westminster Theological Seminary

03/28/2013 – Response in Opp. to Motion to Intervene by Defendants

04/15/2013 – Plaintiffs’ Status Report 04/19/2013 – Defendants’ Status Report

Northern

District of Texas

Held: Case Dismissed

Without Prejudice for

Lack of Jurisdiction

The Criswell Coll. v. Sebelius, No. 3:12–cv–04409, Judge David C. Godbey

11/01/2012 – Complaint with jury demand 01/07/2013 – Motion to Dismiss for Lack of Jurisdiction 01/28/2013 – Motion to Stay and Response in Opp. to Motion

to Dismiss

02/11/2013 – Reply in Support of Motion to Dismiss

02/22/2013 – Reply in Support of Motion to Stay 04/09/2013 – Order Granting Motion to Dismiss


Recommended