Diocese of Fort Wayne-South Bend Inc et al v. Sebelius et al
Catholic organizations and diocese in Fort Wayne and South Bend Indiana, where the University of Notre Dame is located, sue the U.S. Dept. of Health and Human Services over the Obama administrationâs rule that employees of religious groups have health insurance that covers contraception.
| Diocese of Fort Wayne-South Bend Inc, Catholic Charities of the Diocese of Fort Wayne-South Bend Inc, Saint Anne Home & Retirement Community of the Diocese of Fort Wayne-South Bend Inc, Franciscan Alliance Inc, Saint Francis University of and Our Sunday Visitor Inc |
| Kathleen Sebelius, Hilda Solis, Timothy Geithner, US Department of Health and Human Services, US Department of Labor and US Department of Treasury |
| 1:2012cv00159 |
| May 21, 2012 |
| US District Court for the Northern District of Indiana |
| Fort Wayne Office |
| Allen |
| Roger B Cosbey |
| William C Lee |
| Other Civil Rights |
| 05 U.S.C. § 702 |
| Plaintiff |
Docket Report
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| Filing 125 USCA Case Number 14-1431 for 123 Notice of Interlocutory Appeal, filed by US Department of Health and Human Services, US Department of Treasury, US Department of Labor, Timothy Geithner, Hilda Solis, Kathleen Sebelius, Jacob J Lew. (cer) |
| Filing 124 SHORT Record Sent to US Court of Appeals re 123 Notice of Interlocutory Appeal. No appeal fees paid. (cer) |
| Filing 123 NOTICE OF INTERLOCUTORY APPEAL as to 122 Preliminary Injunction, Terminate Motions,,,,, filed by Defendants Timothy Geithner, Jacob J Lew, Kathleen Sebelius, Hilda Solis, US Department of Health and Human Services, US Department of Labor, US Department of Treasury. (Berwick, Benjamin) |
Filing 122
MEMORANDUM OPINION AND ORDER GRANTING 74 MOTION for Preliminary Injunction and Request for Oral Argument filed by Catholic Charities of the Diocese of Fort Wayne-South Bend Inc, Our Sunday Visitor Inc, Diocese of Fort Wayne-South Bend Inc, Specialty Physicians of Illinois, LLC, Saint Francis University of, Franciscan Alliance Inc, Saint Anne Home & Retirement Community of the Diocese of Fort Wayne-South Bend Inc. Signed by Judge Jon E DeGuilio on 12/27/2013. (lhc)
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| Filing 121 PLAINTIFFS NOTICE OF SUPPLEMENTAL AUTHORITY by Catholic Charities of the Diocese of Fort Wayne-South Bend Inc, Diocese of Fort Wayne-South Bend Inc, Franciscan Alliance Inc, Our Sunday Visitor Inc, Saint Anne Home & Retirement Community of the Diocese of Fort Wayne-South Bend Inc, Saint Francis University of, Specialty Physicians of Illinois, LLC re 74 MOTION for Preliminary Injunction and Request for Oral Argument (Attachments: # 1 Exhibit A)(Kairis, Matthew) Modified text to match document's caption on 1/2/2014 (mc). |
| Filing 120 RESPONSE to Defendants' 119 Notice of Supplemental Authority by Catholic Charities of the Diocese of Fort Wayne-South Bend Inc, Diocese of Fort Wayne-South Bend Inc, Franciscan Alliance Inc, Our Sunday Visitor Inc, Saint Anne Home & Retirement Community of the Diocese of Fort Wayne-South Bend Inc, Saint Francis University of, Specialty Physicians of Illinois, LLC . (Kairis, Matthew) Modified text to match document's caption on 1/2/2014 (mc). |
| Filing 119 DEFENDANTS NOTICE OF SUPPLEMENTAL AUTHORITY by Jacob J Lew, Kathleen Sebelius, Hilda Solis, US Department of Health and Human Services, US Department of Labor, US Department of Treasury re 74 MOTION for Preliminary Injunction and Request for Oral Argument (Attachments: # 1 Exhibit Catholic Diocese of Nashville v. Sebelius)(Berwick, Benjamin) Modified text to match document's caption on 1/2/2014 (mc). |
| Filing 118 DEFENDANTS RESPONSE TO PLAINTIFFS 115 and 114 NOTICES OF SUPPLEMENTAL AUTHORITY by Jacob J Lew, Kathleen Sebelius, Hilda Solis, US Department of Health and Human Services, US Department of Labor, US Department of Treasury . (Berwick, Benjamin) Modified text to match document's caption on 1/2/2014 (mc). |
| Filing 117 RESPONSE by Catholic Charities of the Diocese of Fort Wayne-South Bend Inc, Diocese of Fort Wayne-South Bend Inc, Franciscan Alliance Inc, Our Sunday Visitor Inc, Saint Anne Home & Retirement Community of the Diocese of Fort Wayne-South Bend Inc, Saint Francis University of, Specialty Physicians of Illinois, LLC to 116 Response/Reply, to Defendants' Additional Notice of Supplemental Authority. (Kairis, Matthew) |
| Filing 116 RESPONSE TO 113 PLAINTIFFS NOTICE OF SUPPLEMENTAL AUTHORITY and DEFENDANTS NOTICE OF SUPPLEMENTAL AUTHORITY by Jacob J Lew, Kathleen Sebelius, Hilda Solis, US Department of Health and Human Services, US Department of Labor, US Department of Treasury (Attachments: # 1 Exhibit Univ. of Notre Dame v. Sebelius, # 2 Exhibit Archbishop of Washington v. Sebelius)(Berwick, Benjamin) Modified text to match document's caption on 1/2/2014 (mc). |
| Filing 115 PLAINTIFFS NOTICE OF SUPPLEMENTAL AUTHORITY by Catholic Charities of the Diocese of Fort Wayne-South Bend Inc, Diocese of Fort Wayne-South Bend Inc, Franciscan Alliance Inc, Our Sunday Visitor Inc, Saint Anne Home & Retirement Community of the Diocese of Fort Wayne-South Bend Inc, Saint Francis University of, Specialty Physicians of Illinois, LLC re 74 MOTION for Preliminary Injunction (Attachments: # 1 Exhibit A)(Kairis, Matthew) Modified text to match caption on 1/2/2014 (mc). |
| Filing 114 NOTICE by Catholic Charities of the Diocese of Fort Wayne-South Bend Inc, Diocese of Fort Wayne-South Bend Inc, Franciscan Alliance Inc, Our Sunday Visitor Inc, Saint Anne Home & Retirement Community of the Diocese of Fort Wayne-South Bend Inc, Saint Francis University of, Specialty Physicians of Illinois, LLC re 74 MOTION for Preliminary Injunction and Request for Oral Argument Notice of Supplemental Authority (Attachments: # 1 Exhibit A)(Kairis, Matthew) |
| Filing 113 NOTICE by Catholic Charities of the Diocese of Fort Wayne-South Bend Inc, Diocese of Fort Wayne-South Bend Inc, Franciscan Alliance Inc, Our Sunday Visitor Inc, Saint Anne Home & Retirement Community of the Diocese of Fort Wayne-South Bend Inc, Saint Francis University of, Specialty Physicians of Illinois, LLC re 74 MOTION for Preliminary Injunction and Request for Oral Argument of Supplemental Authority (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Kairis, Matthew) |
| Filing 112 NOTICE by Catholic Charities of the Diocese of Fort Wayne-South Bend Inc, Diocese of Fort Wayne-South Bend Inc, Franciscan Alliance Inc, Our Sunday Visitor Inc, Saint Anne Home & Retirement Community of the Diocese of Fort Wayne-South Bend Inc, Saint Francis University of, Specialty Physicians of Illinois, LLC re 74 MOTION for Preliminary Injunction and Request for Oral Argument , 95 MOTION for Summary Judgment (Attachments: # 1 Exhibit A)(Kairis, Matthew) |
| Filing 111 RESPONSE by Jacob J Lew, Kathleen Sebelius, Hilda Solis, US Department of Health and Human Services, US Department of Labor, US Department of Treasury to 110 Response/Reply, Response to Plaintiffs' Notice of Supplemental Authority. (Berwick, Benjamin) |
| Filing 110 RESPONSE by Catholic Charities of the Diocese of Fort Wayne-South Bend Inc, Diocese of Fort Wayne-South Bend Inc, Franciscan Alliance Inc, Our Sunday Visitor Inc, Saint Anne Home & Retirement Community of the Diocese of Fort Wayne-South Bend Inc, Saint Francis University of, Specialty Physicians of Illinois, LLC to 109 Notice (Other),, And Additional Notice of Supplemental Authority. (Attachments: # 1 Exhibit A)(Kairis, Matthew) |
| Filing 109 NOTICE by Jacob J Lew, Kathleen Sebelius, Hilda Solis, US Department of Health and Human Services, US Department of Labor, US Department of Treasury re 74 MOTION for Preliminary Injunction and Request for Oral Argument , 95 MOTION for Summary Judgment , 85 MOTION to Dismiss for Lack of Jurisdiction MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , or in the alternative MOTION for Summary Judgment Supplemental Authority (Attachments: # 1 Exhibit Priests for Life v. HHS)(Berwick, Benjamin) |
| Filing 108 AMENDED DOCUMENT by Jacob J Lew, Kathleen Sebelius, Hilda Solis, US Department of Health and Human Services, US Department of Labor, US Department of Treasury. Amendment to 107 Response/Reply, Defendants' Response to Plaintiffs' Notice of Supplemental Authority (Corrected). (Berwick, Benjamin) |
| Filing 107 RESPONSE by Jacob J Lew, Kathleen Sebelius, Hilda Solis, US Department of Health and Human Services, US Department of Labor, US Department of Treasury to 106 Notice (Other),, Defendants' Response to Plaintiffs' Notice of Supplemental Authority. (Berwick, Benjamin) |
| Filing 106 NOTICE by Catholic Charities of the Diocese of Fort Wayne-South Bend Inc, Diocese of Fort Wayne-South Bend Inc, Franciscan Alliance Inc, Our Sunday Visitor Inc, Saint Anne Home & Retirement Community of the Diocese of Fort Wayne-South Bend Inc, Saint Francis University of, Specialty Physicians of Illinois, LLC re 74 MOTION for Preliminary Injunction and Request for Oral Argument , 95 MOTION for Summary Judgment Supplemental Authority (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Kairis, Matthew) |
| Filing 105 DEFENDANTS SUR-REPLY IN OPPOSITION TO PLAINTIFFS 95 CROSS-MOTION FOR SUMMARY JUDGMENT AND IN SUPPORT OF DEFENDANTS 85 MOTION TO DISMISS OR, IN THE ALTERNATIVE, FOR SUMMARY JUDGMENT filed by Jacob J Lew, Kathleen Sebelius, Hilda Solis, US Department of Health and Human Services, US Department of Labor, US Department of Treasury. (Berwick, Benjamin) Modified text to match caption on 11/27/2013 (mc). |
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Filing 104
ORDER GRANTING 103 Consent MOTION for Leave to File Sur-Reply by Defendants Jacob J Lew, Kathleen Sebelius, Hilda Solis, US Department of Health and Human Services, US Department of Labor, US Department of Treasury. Signed by Magistrate Judge Roger B Cosbey on 11/20/2013. (lhc)
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| Filing 103 Consent MOTION for Leave to File Sur-Reply by Defendants Jacob J Lew, Kathleen Sebelius, Hilda Solis, US Department of Health and Human Services, US Department of Labor, US Department of Treasury. (Berwick, Benjamin) |
| Filing 102 REPLY to Response to Motion re 95 MOTION for Summary Judgment filed by Catholic Charities of the Diocese of Fort Wayne-South Bend Inc, Diocese of Fort Wayne-South Bend Inc, Franciscan Alliance Inc, Our Sunday Visitor Inc, Saint Anne Home & Retirement Community of the Diocese of Fort Wayne-South Bend Inc, Saint Francis University of, Specialty Physicians of Illinois, LLC. (Kairis, Matthew) |
| Filing 101 NOTICE of Appearance by Melissa D Palmisciano on behalf of All Plaintiffs (Palmisciano, Melissa) |
| Filing 100 REPLY to Response to Motion re 85 MOTION to Dismiss for Lack of Jurisdiction MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , or in the alternative MOTION for Summary Judgment filed by Jacob J Lew, Kathleen Sebelius, Hilda Solis, US Department of Health and Human Services, US Department of Labor, US Department of Treasury. (Berwick, Benjamin) |
| Filing 99 RESPONSE to Motion re 95 MOTION for Summary Judgment filed by Jacob J Lew, Kathleen Sebelius, Hilda Solis, US Department of Health and Human Services, US Department of Labor, US Department of Treasury. (Attachments: # 1 Response to Plaintiffs' Statement of Material Facts)(Berwick, Benjamin) |
| Filing 98 APPENDIX to 74 MOTION for Preliminary Injunction and Request for Oral Argument , 95 MOTION for Summary Judgment , 85 MOTION to Dismiss for Lack of Jurisdiction MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , or in the alternative MOTION for Summary Judgment by Catholic Charities of the Diocese of Fort Wayne-South Bend Inc, Diocese of Fort Wayne-South Bend Inc, Franciscan Alliance Inc, Our Sunday Visitor Inc, Saint Anne Home & Retirement Community of the Diocese of Fort Wayne-South Bend Inc, Saint Francis University of, Specialty Physicians of Illinois, LLC. (Attachments: # 1 Appendix Plaintiffs Appendix - Part 1 of 3, # 2 Appendix Plaintiffs Appendix - Part 2 of 3, # 3 Appendix Plaintiffs Appendix - Part 3 of 3)(Kairis, Matthew) |
| Filing 97 MEMORANDUM in Support of 95 MOTION for Summary Judgment and Reply in Support of Plaintiffs' Motion for Preliminary Injunction, and Opposition to Defendants' Motion to Dismiss, or, in the Alternative, For Summary Judgment filed by Catholic Charities of the Diocese of Fort Wayne-South Bend Inc, Diocese of Fort Wayne-South Bend Inc, Franciscan Alliance Inc, Our Sunday Visitor Inc, Saint Anne Home & Retirement Community of the Diocese of Fort Wayne-South Bend Inc, Saint Francis University of, Specialty Physicians of Illinois, LLC. (Kairis, Matthew) |
| Filing 96 STATEMENT of Material Facts Pursuant to Rule 56-1 re 95 MOTION for Summary Judgment filed by Catholic Charities of the Diocese of Fort Wayne-South Bend Inc, Diocese of Fort Wayne-South Bend Inc, Franciscan Alliance Inc, Our Sunday Visitor Inc, Saint Anne Home & Retirement Community of the Diocese of Fort Wayne-South Bend Inc, Saint Francis University of, Specialty Physicians of Illinois, LLC. (Kairis, Matthew) |
| Filing 95 MOTION for Summary Judgment by Plaintiffs Catholic Charities of the Diocese of Fort Wayne-South Bend Inc, Diocese of Fort Wayne-South Bend Inc, Franciscan Alliance Inc, Our Sunday Visitor Inc, Saint Anne Home & Retirement Community of the Diocese of Fort Wayne-South Bend Inc, Saint Francis University of, Specialty Physicians of Illinois, LLC. (Kairis, Matthew) |
| Filing 94 STATEMENT Plaintiffs Response to Defendants Statement of Material Facts in Support of Defendants Motion for Summary Judgment re 86 Memorandum in Support, filed by Catholic Charities of the Diocese of Fort Wayne-South Bend Inc, Diocese of Fort Wayne-South Bend Inc, Franciscan Alliance Inc, Our Sunday Visitor Inc, Saint Anne Home & Retirement Community of the Diocese of Fort Wayne-South Bend Inc, Saint Francis University of, Specialty Physicians of Illinois, LLC. (Kairis, Matthew) |
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Filing 93
ORDER GRANTING 91 APPLICATION to Appear Pro Hac Vice of Attorney Daniel Mach PHV for Amicus Curiae American Civil Liberties Union. Signed by Magistrate Judge Roger B Cosbey on 10/9/13. (cer)
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Filing 92
ORDER GRANTING 90 APPLICATION to Appear Pro Hac Vice of Attorney Brigitte A Amiri PHV for Amicus Curiae American Civil Liberties Union. Signed by Magistrate Judge Roger B Cosbey on 10/9/13. (cer)
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| Filing 91 APPLICATION for Attorney Daniel Mach to Appear Pro Hac Vice on behalf of Amicus Curiae American Civil Liberties Union; Receipt #INN1003855. (cer) |
| Filing 90 APPLICATION for Attorney Brigitte Amiri to Appear Pro Hac Vice on behalf of Amicus Curiae American Civil Liberties Union; Receipt #INN1003855. (cer) |
| Filing 89 BRIEF of Amicus Curiae American Civil Liberties Union in Opposition to 74 MOTION for Preliminary Injunction and Request for Oral Argument and in Support of 85 MOTION to Dismiss for Failure to State a Claim, or in the Alternative, Motion for Summary Judgment . (cer) |
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Filing 88
ORDER GRANTING 87 MOTION for Leave to File Amicus Curiae Brief by Amicus American Civil Liberties Union. Clerk DIRECTED to file the "Brief of Amicus Curiae American Civil Liberties Union in Opposition to Plaintiff's Motion for Preliminary Injunction and in Support of Defendants' Motion to Dismiss or, in the Alternative, for Summary Judgment" attached to the 87 Motion. Signed by Magistrate Judge Roger B Cosbey on 10/2/13. (cer). Modified on 10/2/2013. (cer).
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| Filing 87 MOTION for Leave to File Amicus Curiae Brief by Amicus American Civil Liberties Union. (Attachments: # 1 Exhibit Proposed Amicus Brief)(Lee, Jennifer) |
| Filing 86 MEMORANDUM in Support of 85 MOTION to Dismiss for Lack of Jurisdiction MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , or in the alternative MOTION for Summary Judgment filed by Jacob J Lew, Kathleen Sebelius, Hilda Solis, US Department of Health and Human Services, US Department of Labor, US Department of Treasury. (Attachments: # 1 Statement of Material Facts)(Berwick, Benjamin) |
| Filing 85 MOTION to Dismiss for Lack of Jurisdiction , MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , or in the alternative, MOTION for Summary Judgment by Defendants Jacob J Lew, Kathleen Sebelius, Hilda Solis, US Department of Health and Human Services, US Department of Labor, US Department of Treasury. (Berwick, Benjamin) |
| Filing 84 RESPONSE to Motion re 74 MOTION for Preliminary Injunction and Request for Oral Argument filed by Jacob J Lew, Kathleen Sebelius, Hilda Solis, US Department of Health and Human Services, US Department of Labor, US Department of Treasury. (Berwick, Benjamin) |
| Filing 83 NOTICE by Jacob J Lew, Kathleen Sebelius, Hilda Solis, US Department of Health and Human Services, US Department of Labor, US Department of Treasury Notice of Filing of Certified Administrative Record (Attachments: # 1 Exhibit Record Index, # 2 Exhibit Certification of Record)(Berwick, Benjamin) |
| Filing 82 AFFIDAVIT of Gregory R. Erlandson supporting Plaintiffs' Motion for Preliminary Injunction by Our Sunday Visitor Inc. (Kairis, Matthew) |
| Filing 81 AFFIDAVIT of Sister Elise Kriss supporting Plaintiffs' Motion for Preliminary Injunction by Saint Francis University of. (Kairis, Matthew) |
| Filing 80 AFFIDAVIT of Sister Jane Marie Klein supporting Plaintiffs' Motion for Preliminary Injunction by Specialty Physicians of Illinois, LLC. (Kairis, Matthew) |
| Filing 79 AFFIDAVIT of Sister Jane Marie Klein supporting Plaintiffs' Motion for Preliminary Injunction by Franciscan Alliance Inc. (Kairis, Matthew) |
| Filing 78 AFFIDAVIT of Jason Wardwell supporting Plaintiffs' Motion for Preliminary Injunction by Saint Anne Home & Retirement Community of the Diocese of Fort Wayne-South Bend Inc. (Kairis, Matthew) |
| Filing 77 AFFIDAVIT of Lisa M. Young supporting Plaintiffs' Motion for Preliminary Injunction by Catholic Charities of the Diocese of Fort Wayne-South Bend Inc. (Kairis, Matthew) |
| Filing 76 AFFIDAVIT of Joseph Ryan supporting Plaintiffs' Motion for Preliminary Injunction by Diocese of Fort Wayne-South Bend Inc. (Kairis, Matthew) |
| Filing 75 MEMORANDUM in Support of 74 MOTION for Preliminary Injunction and Request for Oral Argument filed by Catholic Charities of the Diocese of Fort Wayne-South Bend Inc, Diocese of Fort Wayne-South Bend Inc, Franciscan Alliance Inc, Our Sunday Visitor Inc, Saint Anne Home & Retirement Community of the Diocese of Fort Wayne-South Bend Inc, Saint Francis University of, Specialty Physicians of Illinois, LLC. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H)(Kairis, Matthew) |
| Filing 74 MOTION for Preliminary Injunction and Request for Oral Argument by Plaintiffs Catholic Charities of the Diocese of Fort Wayne-South Bend Inc, Diocese of Fort Wayne-South Bend Inc, Franciscan Alliance Inc, Our Sunday Visitor Inc, Saint Anne Home & Retirement Community of the Diocese of Fort Wayne-South Bend Inc, Saint Francis University of, Specialty Physicians of Illinois, LLC. (Kairis, Matthew) |
| Filing 73 AMENDED COMPLAINT against All Defendants, filed by Our Sunday Visitor Inc, Catholic Charities of the Diocese of Fort Wayne-South Bend Inc, Franciscan Alliance Inc, Saint Francis University of, Diocese of Fort Wayne-South Bend Inc, Saint Anne Home & Retirement Community of the Diocese of Fort Wayne-South Bend Inc, Specialty Physicians of Illinois, LLC.(Kairis, Matthew) |
| Filing 72 ENTRY for Magistrate Judge Roger B. Cosbey: The 71 Motion to Withdraw as counsel for Plaintiffs filed by atty Eric E Murphy is granted. So Ordered. (mr) |
| Filing 71 MOTION to Withdraw as Attorney of Eric Murphy by Plaintiffs Catholic Charities of the Diocese of Fort Wayne-South Bend Inc, Diocese of Fort Wayne-South Bend Inc, Franciscan Alliance Inc, Our Sunday Visitor Inc, Saint Anne Home & Retirement Community of the Diocese of Fort Wayne-South Bend Inc, Saint Francis University of. (Murphy, Eric) |
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Filing 70
ORDER re 69 REPORT (Joint) Concerning Case Status and Agreed Upon Schedule filed by Catholic Charities of the Diocese of Fort Wayne-South Bend Inc, Diocese of Fort Wayne-South Bend Inc, Franciscan Alliance Inc, Our Sunday Visitor Inc, Saint Anne Home & Retirement Community of the Diocese of Fort Wayne-South Bend Inc, Saint Francis University. The Court LIFTS THE STAY AND ADOPTS the following pretrial schedule: Plaintiffs to file any Amended Complaint and any Motion for Preliminary Injunction (leave granted to file 40 page brief) by 9/6/2013; Defendants to file Response to Plaintiffs' Motion for Preliminary Injunction and Defendants to file any Answer or Motion to Dismiss and/or for Summary Judgment (leave granted to file 50 page brief) by 9/27/2013; Plaintiffs to file Preliminary Injunction Reply, Response to Defendants' Motion to Dismiss and/or for Summary Judgment, and any Cross-Motion for Summary Judgment (leave granted to file 60 page brief) by 10/11/2013; Defendants to file Motion to Dismiss and/or for Summary Judgment Reply and Response to Plaintiffs' Cross-Motion for Summary Judgment (leave granted to file 50 page brief) by 11/1/2013; Plaintiffs to file Cross-Motion for Summary Judgment Reply (leave granted to file 25 page brief) by 11/15/2013. Given the Plaintiffs' stated intention to file an Amended Complaint and the parties'agreement to allow Plaintiffs to do so, the Court DENIES WITH LEAVE TO RE-FILE 26 MOTION to Dismiss for Lack of Jurisdiction filed by Defendants and 37 MOTION For Oral Argument re 26 MOTION to Dismiss for Lack of Jurisdiction filed by Plaintiffs. Should no Amended Complaint be filed as represented, then the Court will consider whether reinstatement of those motions is appropriate.Signed by Judge Jon E DeGuilio on 7/31/13. (cer)
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| Filing 69 NOTICE by Catholic Charities of the Diocese of Fort Wayne-South Bend Inc, Diocese of Fort Wayne-South Bend Inc, Franciscan Alliance Inc, Our Sunday Visitor Inc, Saint Anne Home & Retirement Community of the Diocese of Fort Wayne-South Bend Inc, Saint Francis University of JOINT REPORT CONCERNING CASE STATUS AND AGREED-UPON SCHEDULE (Kairis, Matthew) |
| Filing 68 NOTICE of Change of Address by Edward L White counsel for amici curiae American Center for Law & Justice, et al. (White, Edward) |
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Filing 67
ORDER - Plaintiffs have up to and including Friday, 7/26/2013 to file a notice with the Court stating their intentions relative to the instant lawsuit. The stay will remain in effect until such time as the Court has had an opportunity to consider the parties' positions and issue a subsequent order lifting the stay. Signed by Judge Jon E DeGuilio on 7/11/2013. (saj)
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| Filing 66 NOTICE by Catholic Charities of the Diocese of Fort Wayne-South Bend Inc, Diocese of Fort Wayne-South Bend Inc, Franciscan Alliance Inc, Our Sunday Visitor Inc, Saint Anne Home & Retirement Community of the Diocese of Fort Wayne-South Bend Inc, Saint Francis University of Regarding Defendants' Issuance of Final Rules (Kairis, Matthew) |
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Filing 65
ORDER re 63 REPORT Concerning a Stay of the Case by Catholic Charities of the Diocese of Fort Wayne-South Bend Inc, Diocese of Fort Wayne-South Bend Inc, Franciscan Alliance Inc, Timothy Geithner, Our Sunday Visitor Inc, Saint Anne Home & Retirement Community of the Diocese of Fort Wayne-South Bend Inc, Saint Francis University of, Kathleen Sebelius, Hilda Solis, US Department of Health and Human Services, US Department of Labor, US Department of Treasury. This case is STAYED until such time as the Defendants finalize their proposed rules or until 7/1/2013, whichever date comes first. Signed by Judge Jon E DeGuilio on 5/13/13. (cer)
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| Filing 64 NOTICE by Timothy Geithner, Kathleen Sebelius, Hilda Solis, US Department of Health and Human Services, US Department of Labor, US Department of Treasury re 26 MOTION to Dismiss for Lack of Jurisdiction Supplemental Authority (Attachments: # 1 Exhibit Most Reverend Wenski v. Sebelius, # 2 Exhibit Criswell College v. Sebelius)(Berwick, Benjamin) |
| Filing 63 REPORT by Catholic Charities of the Diocese of Fort Wayne-South Bend Inc, Diocese of Fort Wayne-South Bend Inc, Franciscan Alliance Inc, Timothy Geithner, Our Sunday Visitor Inc, Saint Anne Home & Retirement Community of the Diocese of Fort Wayne-South Bend Inc, Saint Francis University of, Kathleen Sebelius, Hilda Solis, US Department of Health and Human Services, US Department of Labor, US Department of Treasury Concerning A Stay of the Case. (Attachments: # 1 Exhibit A - Comments of The Roman Catholic Diocese of Pittsburgh on the NPRM)(Kairis, Matthew) |
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Filing 62
ORDER re 44 MOTION to Consolidate Cases by Plaintiffs Catholic Charities of the Diocese of Fort Wayne-South Bend Inc, Diocese of Fort Wayne-South Bend Inc, Franciscan Alliance Inc, Our Sunday Visitor Inc, Saint Anne Home & Retirement Community of the Diocese of Fort Wayne-South Bend Inc, Saint Francis University of. The Court, in its discretion, DECLINES to consolidate the instant action with the Tonn and Blank case (Case No. 1:12-CV-325). Signed by Judge Jon E DeGuilio on 4/1/13. (cer)
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Filing 61
ORDER: Parties to file by 4/12/2013 a Joint Report as outlined in Order. This case is STAYED for a period of no more than 45 days from today's date. Such stay may be extended by order of the Court after consideration of the parties' Joint Report addressing the case stay issue. Signed by Judge Jon E DeGuilio on 3/14/13. (cer)
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| Filing 60 NOTICE by Timothy Geithner, Kathleen Sebelius, Hilda Solis, US Department of Health and Human Services, US Department of Labor, US Department of Treasury re 59 Notice (Other), Notice (Other), 26 MOTION to Dismiss for Lack of Jurisdiction Supplemental Authority and Response to Plaintiffs' Fourth Notice of Supplemental Authority (Attachments: # 1 Exhibit Bishop Conlon v. Sebelius)(Berwick, Benjamin) |
| Filing 59 NOTICE by Catholic Charities of the Diocese of Fort Wayne-South Bend Inc, Diocese of Fort Wayne-South Bend Inc, Franciscan Alliance Inc, Our Sunday Visitor Inc, Saint Anne Home & Retirement Community of the Diocese of Fort Wayne-South Bend Inc, Saint Francis University of Fourth Notice of Supplemental Authority (Attachments: # 1 Exhibit Forth Worth v. Sebelius, No. 4:12cv314 (N.D. Tex. Jan. 31, 2013))(Kairis, Matthew) |
| Filing 58 NOTICE by Catholic Charities of the Diocese of Fort Wayne-South Bend Inc, Diocese of Fort Wayne-South Bend Inc, Franciscan Alliance Inc, Our Sunday Visitor Inc, Saint Anne Home & Retirement Community of the Diocese of Fort Wayne-South Bend Inc, Saint Francis University of re 57 Notice (Other), Notice (Other) Plaintiffs' Response to Defendants' 1/14/13 Notice of Supplemental Authority (Attachments: # 1 Exhibit 1)(Kairis, Matthew) |
| Filing 57 NOTICE by Timothy Geithner, Kathleen Sebelius, Hilda Solis, US Department of Health and Human Services, US Department of Labor, US Department of Treasury re 26 MOTION to Dismiss for Lack of Jurisdiction Supplemental Authority (Berwick, Benjamin) |
| Filing 56 NOTICE by Timothy Geithner, Kathleen Sebelius, Hilda Solis, US Department of Health and Human Services, US Department of Labor, US Department of Treasury re 26 MOTION to Dismiss for Lack of Jurisdiction and Response to 55 Plaintiffs' Third Notice of Supplemental Authority (Attachments: # 1 Exhibit Catholic Diocese of Biloxi v. Sebelius)(Berwick, Benjamin) |
| Filing 55 NOTICE by Catholic Charities of the Diocese of Fort Wayne-South Bend Inc, Diocese of Fort Wayne-South Bend Inc, Franciscan Alliance Inc, Our Sunday Visitor Inc, Saint Anne Home & Retirement Community of the Diocese of Fort Wayne-South Bend Inc, Saint Francis University of of Supplemental Authority (Attachments: # 1 Exhibit A - Wheaton College v. Sebelius Order)(Kairis, Matthew) |
| Filing 54 RESPONSE by Timothy Geithner, Kathleen Sebelius, Hilda Solis, US Department of Health and Human Services, US Department of Labor, US Department of Treasury to 53 Notice (Other), Notice (Other) Supplemental Authority. (Berwick, Benjamin) |
| Filing 53 NOTICE by Catholic Charities of the Diocese of Fort Wayne-South Bend Inc, Diocese of Fort Wayne-South Bend Inc, Franciscan Alliance Inc, Our Sunday Visitor Inc, Saint Anne Home & Retirement Community of the Diocese of Fort Wayne-South Bend Inc, Saint Francis University of re 26 MOTION to Dismiss for Lack of Jurisdiction Second Notice of Supplemental Authority (Attachments: # 1 Exhibit A)(Kairis, Matthew) |
| Filing 52 REPLY to Defendants' Response to Plaintiffs' Notice of Supplemental Authority by Catholic Charities of the Diocese of Fort Wayne-South Bend Inc, Diocese of Fort Wayne-South Bend Inc, Franciscan Alliance Inc, Our Sunday Visitor Inc, Saint Anne Home & Retirement Community of the Diocese of Fort Wayne-South Bend Inc, Saint Francis University of to 51 Response/Reply,. (Kairis, Matthew) |
| Filing 51 RESPONSE by Timothy Geithner, Kathleen Sebelius, Hilda Solis, US Department of Health and Human Services, US Department of Labor, US Department of Treasury to 50 Notice (Other), Notice (Other). (Attachments: # 1 Exhibit Catholic Diocese of Nashville v. Sebelius, # 2 Exhibit Zubik v. Sebelius)(Berwick, Benjamin) |
| Filing 50 NOTICE by Catholic Charities of the Diocese of Fort Wayne-South Bend Inc, Diocese of Fort Wayne-South Bend Inc, Franciscan Alliance Inc, Our Sunday Visitor Inc, Saint Anne Home & Retirement Community of the Diocese of Fort Wayne-South Bend Inc, Saint Francis University of re 26 MOTION to Dismiss for Lack of Jurisdiction SUPPLEMENTAL AUTHORITY (Kairis, Matthew) |
| Filing 49 RESPONSE to DEFENDANTS' NOTICE OF SUPPLEMENTAL AUTHORITY by Catholic Charities of the Diocese of Fort Wayne-South Bend Inc, Diocese of Fort Wayne-South Bend Inc, Franciscan Alliance Inc, Our Sunday Visitor Inc, Saint Anne Home & Retirement Community of the Diocese of Fort Wayne-South Bend Inc, Saint Francis University of to 48 Notice (Other), Notice (Other). (Kairis, Matthew) |
| Filing 48 NOTICE by Timothy Geithner, Kathleen Sebelius, Hilda Solis, US Department of Health and Human Services, US Department of Labor, US Department of Treasury re 26 MOTION to Dismiss for Lack of Jurisdiction Supplemental Authority (Berwick, Benjamin) |
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Filing 47
ORDER REASSIGNING CASE. Case reassigned to Judge Jon E DeGuilio for all further proceedings. Judge William C Lee no longer assigned to case. Signed by Judge William C Lee on 10/19/2012. (lns)
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| Filing 46 RESPONSE to Motion re 44 MOTION to Consolidate Cases filed by Timothy Geithner, Kathleen Sebelius, Hilda Solis, US Department of Health and Human Services, US Department of Labor, US Department of Treasury. (Berwick, Benjamin) |
| Filing 45 MEMORANDUM in Support of 44 MOTION to Consolidate Cases filed by Catholic Charities of the Diocese of Fort Wayne-South Bend Inc, Diocese of Fort Wayne-South Bend Inc, Franciscan Alliance Inc, Our Sunday Visitor Inc, Saint Anne Home & Retirement Community of the Diocese of Fort Wayne-South Bend Inc, Saint Francis University of. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Kairis, Matthew) |
| Filing 44 MOTION to Consolidate Cases by Plaintiffs Catholic Charities of the Diocese of Fort Wayne-South Bend Inc, Diocese of Fort Wayne-South Bend Inc, Franciscan Alliance Inc, Our Sunday Visitor Inc, Saint Anne Home & Retirement Community of the Diocese of Fort Wayne-South Bend Inc, Saint Francis University of. (Attachments: # 1 Proposed Order)(Kairis, Matthew) |
| Filing 43 RESPONSE to Motion re 37 MOTION For Oral Argument re 26 MOTION to Dismiss for Lack of Jurisdiction MOTION For Oral Argument re 26 MOTION to Dismiss for Lack of Jurisdiction filed by Timothy Geithner, Kathleen Sebelius, Hilda Solis, US Department of Health and Human Services, US Department of Labor, US Department of Treasury. (Berwick, Benjamin) |
| Filing 42 REPLY to Response to Motion re 26 MOTION to Dismiss for Lack of Jurisdiction filed by Timothy Geithner, Kathleen Sebelius, Hilda Solis, US Department of Health and Human Services, US Department of Labor, US Department of Treasury. (Berwick, Benjamin) |
| Filing 41 NOTICE of Appearance by Edward L White on behalf of American Center for Law & Justice, et al. (White, Edward) |
| Filing 40 AMICI CURIAE BRIEF In Support of Plaintiffs Filed by the American Center for Law and Justice and Seventy-Nine (79) Members of the United States Congress. (kjm) |
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Filing 39
ORDER GRANTING 29 Motion for Leave to Appear as Amici Curiae and File Amici Curiae Brief in Support of Plaintiffs. The Amici Curiae Brief that accompanied the motion shall be filed by the clerk of court. Signed by Magistrate Judge Roger B Cosbey on 9/7/2012. (kjm)
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| Filing 38 CERTIFICATE OF SERVICE by Catholic Charities of the Diocese of Fort Wayne-South Bend Inc, Diocese of Fort Wayne-South Bend Inc, Franciscan Alliance Inc, Our Sunday Visitor Inc, Saint Anne Home & Retirement Community of the Diocese of Fort Wayne-South Bend Inc, Saint Francis University of re 31 Affidavit, 36 Affidavit, 34 Affidavit, 32 Affidavit, 35 Affidavit, 33 Affidavit (Kairis, Matthew) |
| Filing 37 MOTION For Oral Argument re 26 MOTION to Dismiss for Lack of Jurisdiction by Plaintiffs Catholic Charities of the Diocese of Fort Wayne-South Bend Inc, Diocese of Fort Wayne-South Bend Inc, Franciscan Alliance Inc, Our Sunday Visitor Inc, Saint Anne Home & Retirement Community of the Diocese of Fort Wayne-South Bend Inc, Saint Francis University of. (Kairis, Matthew) |
| Filing 36 AFFIDAVIT of Gregory R. Erlandson re 30 Response to Motion, by Our Sunday Visitor Inc. (Kairis, Matthew) |
| Filing 35 AFFIDAVIT of Sister Jane Marie Klein, O.S.F. re 30 Response to Motion, by Franciscan Alliance Inc. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Kairis, Matthew) |
| Filing 34 AFFIDAVIT of Sister Elise Kriss, O.S.F. re 30 Response to Motion, by Saint Francis University of. (Attachments: # 1 Exhibit A)(Kairis, Matthew) |
| Filing 33 AFFIDAVIT of Jason E. Wardwell re 30 Response to Motion, by Saint Anne Home & Retirement Community of the Diocese of Fort Wayne-South Bend Inc. (Kairis, Matthew) |
| Filing 32 AFFIDAVIT of Debra J. Schmidt re 30 Response to Motion, by Catholic Charities of the Diocese of Fort Wayne-South Bend Inc. (Kairis, Matthew) |
| Filing 31 AFFIDAVIT of Joseph Ryan re 30 Response to Motion, by Diocese of Fort Wayne-South Bend Inc. (Kairis, Matthew) |
| Filing 30 RESPONSE to Motion re 26 MOTION to Dismiss for Lack of Jurisdiction filed by Catholic Charities of the Diocese of Fort Wayne-South Bend Inc, Diocese of Fort Wayne-South Bend Inc, Franciscan Alliance Inc, Our Sunday Visitor Inc, Saint Anne Home & Retirement Community of the Diocese of Fort Wayne-South Bend Inc, Saint Francis University of. (Kairis, Matthew) |
| Filing 29 MOTION for Leave to Appear as Amici Curiae and File Amici Curiae Brief in Support of Plaintiffs on Behalf of the American Center for Law & Justice and 79 Members of Congress by Amicus American Center for Law & Justice, et al.. (Attachments: # 1 Amici Curiae Brief of the ACLJ and 79 Members of Congress in Support of Plaintiffs)(White, Edward) |
| Filing 28 Corporate Disclosure Statement by American Center for Law & Justice, et al.. (White, Edward) |
| Filing 27 MEMORANDUM in Support of 26 MOTION to Dismiss for Lack of Jurisdiction filed by Timothy Geithner, Kathleen Sebelius, Hilda Solis, US Department of Health and Human Services, US Department of Labor, US Department of Treasury. (Berwick, Benjamin) |
| Filing 26 MOTION to Dismiss for Lack of Jurisdiction by Defendants Timothy Geithner, Kathleen Sebelius, Hilda Solis, US Department of Health and Human Services, US Department of Labor, US Department of Treasury. (Berwick, Benjamin) |
| Filing 25 SUMMONS Returned Executed by Our Sunday Visitor Inc, Catholic Charities of the Diocese of Fort Wayne-South Bend Inc, Franciscan Alliance Inc, Saint Francis University of, Diocese of Fort Wayne-South Bend Inc, Saint Anne Home & Retirement Community of the Diocese of Fort Wayne-South Bend Inc. All Defendants. (Attachments: # 1 Exhibit Exs. A-H - Certified Mail Receipts)(Kairis, Matthew) |
| Filing 24 NOTICE of Appearance by Eric E Murphy on behalf of All Plaintiffs (Murphy, Eric) |
| Filing 23 CERTIFICATE of Service. (Ranjan, Brandy) |
| Filing 22 NOTICE of Appearance by Alison M Kilmartin on behalf of All Plaintiffs (Kilmartin, Alison) |
| Filing 21 NOTICE of Appearance by Leon F DeJulius, Jr on behalf of All Plaintiffs (DeJulius, Leon) |
| Filing 20 NOTICE of Appearance by Brandy H Ranjan on behalf of All Plaintiffs (Ranjan, Brandy) |
| Filing 19 NOTICE of Appearance by Brian J Murray on behalf of All Plaintiffs (Murray, Brian) |
| Filing 18 NOTICE of Appearance by Carol A Hogan on behalf of All Plaintiffs (Hogan, Carol) |
| Filing 17 ENTRY for Magistrate Judge Roger B. Cosbey: The 16 Motion for Extension of Time is GRANTED. Defendants' motion to dismiss the Complaint is due on or before 8/6/2012. Plaintiffs' response due on or before 8/27/2012. Defendants' reply due by 9/24/2012. So Ordered. (mr) |
| Filing 16 Joint MOTION for Extension of Time to File Response to Complaint by Defendants Timothy Geithner, Kathleen Sebelius, Hilda Solis, US Department of Health and Human Services, US Department of Labor, US Department of Treasury. (Attachments: # 1 Proposed Order)(Berwick, Benjamin) |
| Filing 15 NOTICE of Appearance by Benjamin L Berwick on behalf of All Defendants (Berwick, Benjamin) |
| Filing 14 NOTICE of Appearance by Shane C Mulholland on behalf of Our Sunday Visitor Inc (Mulholland, Shane) |
| Filing 13 NOTICE of Appearance by Robert E Doelling on behalf of Our Sunday Visitor Inc (Doelling, Robert) |
| Filing 11 NOTICE of Appearance by M Scott Hall on behalf of Catholic Charities of the Diocese of Fort Wayne-South Bend Inc, Diocese of Fort Wayne-South Bend Inc, Saint Anne Home & Retirement Community of the Diocese of Fort Wayne-South Bend Inc (Hall, M) |
| Filing 10 NOTICE of Appearance by William T Hopkins, Jr on behalf of Saint Francis University of (Hopkins, William) |
| Filing 9 NOTICE of Appearance by W Patrick Downes on behalf of Franciscan Alliance Inc (Downes, W) |
| Filing 12 Corporate Disclosure Statement by Catholic Charities of the Diocese of Fort Wayne-South Bend Inc. (jcp) |
| Filing 2 NOTICE of Appearance by Matthew A Kairis on behalf of Catholic Charities of the Diocese of Fort Wayne-South Bend Inc, Diocese of Fort Wayne-South Bend Inc, Franciscan Alliance Inc, Our Sunday Visitor Inc, Saint Anne Home & Retirement Community of the Diocese of Fort Wayne-South Bend Inc (kjm) |
| Filing 1 COMPLAINT with Jury Demand against Timothy Geithner, Kathleen Sebelius, Hilda Solis, US Department of Health and Human Services, US Department of Labor, US Department of Treasury (Filing fee $ 350.) Receipt #INN1002139, filed by Our Sunday Visitor Inc, Catholic Charities of the Diocese of Fort Wayne-South Bend Inc, Franciscan Alliance Inc, Saint Francis University of, Diocese of Fort Wayne-South Bend Inc, Saint Anne Home & Retirement Community of the Diocese of Fort Wayne-South Bend Inc. (Attachments: # 1 Civil Cover Sheet)(kjm) |
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