Case: Newland v. Sebelius

U.S. Court of Appeals for the Tenth Circuit

Burwell v. Newland

Supreme Court of the United States

Newland v. Burwell

COMPLAINT, Verified, against Timothy Geithner, Kathleen Sebelius, Hilda Solis, United States Department of Health and Human Services, United States Department of Labor, United States Department of the Treasury (Filing fee $ 350, Receipt Number 1082-2815626), filed by Hercules Industries, Inc., James Newland, Paul Newland, Christine Ketterhagen, William Newland, Andrew Newland. (Attachments: # 1 Civil Cover Sheet, # 2 Summons for Kathleen Sebelius, # 3 Summons for Hilda Solis, # 4 Summons for Timothy Geithner, # 5 Summons for Dept. of HHS, # 6 Summons for Dept. of Labor, # 7 Summons for Dept. of Treasury)(Norton, Michael) (Entered: 04/30/2012)

1 Civil Cover Sheet

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2 Summons for Kathleen Sebelius

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3 Summons for Hilda Solis

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4 Summons for Timothy Geithner

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5 Summons for Dept. of HHS

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6 Summons for Dept. of Labor

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7 Summons for Dept. of Treasury

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NOTICE OF CASE ASSOCIATION of possibly related cases per D. Colo. L.R. 7.5 by Plaintiffs Hercules Industries, Inc., Christine Ketterhagen, Andrew Newland, James Newland, Paul Newland, William Newland (Norton, Michael) (Entered: 04/30/2012)

Case assigned to Judge John L. Kane and drawn to Magistrate Judge Kathleen M. Tafoya. Text Only Entry (dkals, ) (Entered: 04/30/2012)

SUMMONSES issued by Clerk. Magistrate Judge Consent Form attached. (Attachments: # 1 Magistrate Judge Consent Form) (dkals, ) (Entered: 04/30/2012)

1 Magistrate Judge Consent Form

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MOTION for Preliminary Injunction by Plaintiffs Hercules Industries, Inc., Christine Ketterhagen, Andrew Newland, James Newland, Paul Newland, William Newland. (Attachments: # 1 Brief in Support, # 2 Proposed Order (PDF Only))(Norton, Michael) (Entered: 04/30/2012)

1 Brief in Support

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2 Proposed Order (PDF Only)

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MINUTE ORDER As detailed in my dissent to the courts adoption of D.C. COLO. LCiv.R 72.2E and specified in my pretrial and trial procedures in civil cases, I view the delegation of Article III authority to Article I judges to be unconstitutional and will not approve the exercise of consent jurisdiction to magistrate judges. The parties to this case should disregard as inapplicable the Clerks office Instructions Regarding Notice of Availability of a United States Magistrate Judge issued with the Summons in this case by Judge John L. Kane on 04/30/12. Text Only Entry (jlksec) (Entered: 04/30/2012)

NOTICE of Entry of Appearance by Erik William Stanley on behalf of Hercules Industries, Inc., Christine Ketterhagen, Andrew Newland, James Newland, Paul Newland, William Newland (Stanley, Erik) (Entered: 05/02/2012)

NOTICE of Entry of Appearance by Kevin H. Theriot on behalf of Hercules Industries, Inc., Christine Ketterhagen, Andrew Newland, James Newland, Paul Newland, William Newland (Theriot, Kevin) (Entered: 05/02/2012)

NOTICE of Entry of Appearance by Steven H. Aden on behalf of Hercules Industries, Inc., Christine Ketterhagen, Andrew Newland, James Newland, Paul Newland, William Newland (Aden, Steven) (Entered: 05/02/2012)

NOTICE of Entry of Appearance by Gregory S. Baylor on behalf of Hercules Industries, Inc., Christine Ketterhagen, Andrew Newland, James Newland, Paul Newland, William Newland (Baylor, Gregory) (Entered: 05/02/2012)

NOTICE of Entry of Appearance by Matthew Scott Bowman on behalf of Hercules Industries, Inc., Christine Ketterhagen, Andrew Newland, James Newland, Paul Newland, William Newland (Bowman, Matthew) (Entered: 05/02/2012)

NOTICE of Entry of Appearance by David Andrew Cortman on behalf of All Plaintiffs (Cortman, David) (Entered: 05/03/2012)

NOTICE of Entry of Appearance by Michelle Renee Bennett on behalf of All Defendants (Bennett, Michelle) (Entered: 05/04/2012)

Proposed Scheduling Order, Joint Motion by all parties to set schedule, by Plaintiffs Hercules Industries, Inc., Christine Ketterhagen, Andrew Newland, James Newland, Paul Newland, William Newland. (Attachments: # 1 Proposed Order (PDF Only))(Bowman, Matthew) (Entered: 05/04/2012)

1 Proposed Order (PDF Only)

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MINUTE ORDER. Defendants' reponse to Plaintiffs' Motion for Preliminary Injunction 5 is due on 06/08/12. Plaintiffs' reply in support of their motion is due on 06/27/12 by Judge John L. Kane on 05/08/12. (jjhsl, ) (Entered: 05/08/2012)

MOTION to Dismiss by Defendants Timothy Geithner, Kathleen Sebelius, Hilda Solis, United States Department of Health and Human Services, United States Department of Labor, United States Department of the Treasury. (Attachments: # 1 Memorandum in Support)(Bennett, Michelle) (Entered: 06/08/2012)

1 Memorandum in Support

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BRIEF in Opposition to 5 MOTION for Preliminary Injunction filed by Defendants Timothy Geithner, Kathleen Sebelius, Hilda Solis, United States Department of Health and Human Services, United States Department of Labor, United States Department of the Treasury. (Bennett, Michelle) (Entered: 06/08/2012)

MINUTE ORDER. Defendants' Motion to Dismiss 16 is set for a briefing schedule as follows: Plaintiffs' response to Defendants' motion is due on or before June 29, 2012; Defendants' reply in support of their motion is due on or before July 11, 2012 by Judge John L. Kane on 06/11/12. (jjhsl, ) (Entered: 06/11/2012)

AMENDED COMPLAINT First, Verified, against Timothy Geithner, Kathleen Sebelius, Hilda Solis, United States Department of Health and Human Services, United States Department of Labor, United States Department of the Treasury, filed by Hercules Industries, Inc., James Newland, Paul Newland, Christine Ketterhagen, William Newland, Andrew Newland.(Bowman, Matthew) (Entered: 06/26/2012)

MINUTE ORDER. All current briefing deadlines are VACATED and RESET as follows. Pursuant to Fed. R. Civ. P. 15(a)(3), Defendants shall have up to and including July 10, 2012 to file an answer or otherwise respond to Plaintiffs' Amended Complaint. Plaintiffs shall file any necessary reply no later than July 17, 2012 by Judge John L. Kane on 06/26/12. (jjhsl, ) (Entered: 06/26/2012)

Utility Setting/Resetting Deadlines/Hearings: Timothy Geithner answer due 7/10/2012; Kathleen Sebelius answer due 7/10/2012; Hilda Solis answer due 7/10/2012; United States Department of Health and Human Services answer due 7/10/2012; United States Department of Labor answer due 7/10/2012; United States Department of the Treasury answer due 7/10/2012. Pursuant to the Minure Order of 06/26/12. Text Only Entry (jjhsl, ) (Entered: 06/26/2012)

Joint MOTION to Amend/Correct/Modify 20 Minute Order, by Defendants Timothy Geithner, Kathleen Sebelius, Hilda Solis, United States Department of Health and Human Services, United States Department of Labor, United States Department of the Treasury. (Bennett, Michelle) (Entered: 06/28/2012)

Minute ORDER granting 22 Joint Motion to Amend Briefing Schedule. Defendants must answer or otherwise respond to Plaintiffs' First Amended Complaint and file an amended brief in response to Plaintiffs' Motion for Preliminary Injunction no later than 7/13/12. Plaintiffs reply in support of their Motion for Preliminary Injunction must be filed no later than 7/20/12, by Judge John L. Kane on 6/28/12.(lygsl, ) (Entered: 06/28/2012)

MINUTE ORDER Setting Oral Argument for 7/25/2012 01:30 PM in Courtroom A 802 before Judge John L. Kane by Judge John L. Kane on 07/11/12. (jjhsl, ) (Entered: 07/11/2012)

MOTION to Dismiss the First Amended Complaint by Defendants Timothy Geithner, Kathleen Sebelius, Hilda Solis, United States Department of Health and Human Services, United States Department of Labor, United States Department of the Treasury. (Attachments: # 1 Memorandum in Support)(Bennett, Michelle) (Entered: 07/13/2012)

1 Memorandum in Support

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BRIEF in Opposition to 5 MOTION for Preliminary Injunction filed by Defendants Timothy Geithner, Kathleen Sebelius, Hilda Solis, United States Department of Health and Human Services, United States Department of Labor, United States Department of the Treasury. (Bennett, Michelle) (Entered: 07/13/2012)

REPLY to Response to 5 MOTION for Preliminary Injunction filed by Plaintiffs Hercules Industries, Inc., Christine Ketterhagen, Andrew Newland, James Newland, Paul Newland, William Newland. (Bowman, Matthew) (Entered: 07/17/2012)

NOTICE of Change of Address/Contact Information / Firm Name of Attorneys for Plaintiffs by Matthew Scott Bowman (Bowman, Matthew) (Entered: 07/20/2012)

MINUTE ENTRY for Oral Argument Hearing proceedings held before Judge John L. Kane on 7/25/2012. Taking under advisement 5 Motion for Preliminary Injunction. Court Reporter: Janet Coppock. (babia) (Entered: 07/25/2012)

ORDER granting 5 Motion for Preliminary Injunction, by Judge John L. Kane on 7/27/12.(sgrim) (Entered: 07/27/2012)

NOTICE of anticipated briefing schedule amendment, by Plaintiffs Hercules Industries, Inc., Christine Ketterhagen, Andrew Newland, James Newland, Paul Newland, William Newland (Bowman, Matthew) (Entered: 07/30/2012)

BOND FOR PRELIMINARY INJUNCTION posted by Plaintiffs Hercules Industries, Inc., Christine Ketterhagen, Andrew Newland, James Newland, Paul Newland, William Newland. (Norton, Michael) (Entered: 07/30/2012)

RECEIPT for $100.00 re: 30 Order on Motion for Preliminary Injunction, by Plaintiffs Hercules Industries, Inc., Christine Ketterhagen, Andrew Newland, James Newland, Paul Newland, William Newland. (sgrim) (Entered: 07/30/2012)

TRANSCRIPT of Hearing on Motion for Preliminary Injunction held on July 25, 2012 before Judge John L. Kane. Pages: 1-53. <P> NOTICE - REDACTION OF TRANSCRIPTS: Within seven calendar days of this filing, each party shall inform the Court, by filing a Notice of Intent to Redact, of the party's intent to redact personal identifiers from the electronic transcript of the court proceeding. If a Notice of Intent to Redact is not filed within the allotted time, this transcript will be made electronically available after 90 days. Please see the Notice of Electronic Availability of Transcripts document at www.cod.uscourts.gov.</P> Transcript may only be viewed at the court public terminal or purchased through the Court Reporter/Transcriber prior to the 90 day deadline for electronic posting on PACER. Release of Transcript Restriction set for 11/2/2012. (Coppock, Janet) (Entered: 08/01/2012)

RESPONSE to 31 Notice (Other) by Defendants Timothy Geithner, Kathleen Sebelius, Hilda Solis, United States Department of Health and Human Services, United States Department of Labor, United States Department of the Treasury. (Bennett, Michelle) (Entered: 08/02/2012)

Joint MOTION for Order to set briefing schedule for defendants' motion to dismiss by Defendants Timothy Geithner, Kathleen Sebelius, Hilda Solis, United States Department of Health and Human Services, United States Department of Labor, United States Department of the Treasury. (Bennett, Michelle) (Entered: 08/03/2012)

ORDER granting Joint Motion 36 to Set Briefing Schedule for Defendants' Motion to Dismiss 16 . Plaintiffs' Response to the Motion to Dismiss is due on or before August 31, 2012; Defendants' Reply is due on or before September 19, 2012, by Judge John L. Kane on 8/3/12. Text Only Entry(sgrim) (Entered: 08/03/2012)

Joint MOTION for Extension of Time to file Joint Case Management Plan by Plaintiffs Hercules Industries, Inc., Christine Ketterhagen, Andrew Newland, James Newland, Paul Newland, William Newland. (Attachments: # 1 Proposed Order (PDF Only))(Bowman, Matthew) (Entered: 08/17/2012)

1 Proposed Order (PDF Only)

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ORDER granting 38 Motion for Extension of Time. The August 27, 2012 deadline for filing a Joint Case Management Plan is VACATED. The parties shall file their Joint Case Management Plan on or before October 26, 2012, by Judge John L. Kane on 8/17/12.(sgrim) (Entered: 08/17/2012)

RESPONSE to 25 MOTION to Dismiss the First Amended Complaint filed by Plaintiffs Hercules Industries, Inc., Christine Ketterhagen, Andrew Newland, James Newland, Paul Newland, William Newland. (Bowman, Matthew) (Entered: 08/30/2012)

Unopposed MOTION for Extension of Time to File Response/Reply as to 25 MOTION to Dismiss the First Amended Complaint by Defendants Timothy Geithner, Kathleen Sebelius, Hilda Solis, United States Department of Health and Human Services, United States Department of Labor, United States Department of the Treasury. (Bennett, Michelle) (Entered: 09/11/2012)

MINUTE ORDER. Defendants' Unopposed MOTION for An Extension of Time to File Reply Brief 41 is GRANTED. The deadline for Defendants' reply brief is hereby extended to October 3, 2012, by Judge John L. Kane on 9/12/12. Text Only Entry(sgrim) (Entered: 09/12/2012)

NOTICE OF APPEAL as to 30 Order on Motion for Preliminary Injunction by Defendants Timothy Geithner, Kathleen Sebelius, Hilda Solis, United States Department of Health and Human Services, United States Department of Labor, United States Department of the Treasury (Bennett, Michelle) (Entered: 09/25/2012)

LETTER Transmitting Notice of Appeal to all counsel advising of the transmittal of the 43 Notice of Appeal, filed by Kathleen Sebelius, Hilda Solis, Timothy Geithner, United States Department of Health and Human Services, United States Department of the Treasury, United States Department of Labor to the U.S. Court of Appeals. ( Retained Counsel USA) (Attachments: # 1 Docket Sheet, # 2 Preliminary Record)(lswsl ) (Entered: 09/26/2012)

1 Docket Sheet

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2 Preliminary Record

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USCA Case Number 12-1380 for 43 Notice of Appeal, filed by Kathleen Sebelius, Hilda Solis, Timothy Geithner, United States Department of Health and Human Services, United States Department of the Treasury, United States Department of Labor. (lswsl ) (Entered: 09/26/2012)

REPLY to Response to 25 MOTION to Dismiss the First Amended Complaint filed by Defendants Timothy Geithner, Kathleen Sebelius, Hilda Solis, United States Department of Health and Human Services, United States Department of Labor, United States Department of the Treasury. (Attachments: # 1 O'Brien opinion)(Bennett, Michelle) (Entered: 10/03/2012)

1 O'Brien opinion

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NOTICE of Supplemental Authorities re: 40 Response to Motion by Plaintiffs Hercules Industries, Inc., Christine Ketterhagen, Andrew Newland, James Newland, Paul Newland, William Newland (Attachments: # 1 Exhibit O'Brien opinion)(Bowman, Matthew) (Entered: 10/04/2012)

1 Exhibit O'Brien opinion

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TRANSCRIPT ORDER FORM re 43 Notice of Appeal, by Defendants Timothy Geithner, Kathleen Sebelius, Hilda Solis, United States Department of Health and Human Services, United States Department of Labor, United States Department of the Treasury (Bennett, Michelle) (Entered: 10/09/2012)

LETTER TO USCA and all counsel certifying the record is complete as to 43 Notice of Appeal, filed by Kathleen Sebelius, Hilda Solis, Timothy Geithner, United States Department of Health and Human Services, United States Department of the Treasury, United States Department of Labor. A transcript order form was filed stating that the necessary transcript is already on file. ( Appeal No. 12-1380) Text Only Entry (lswsl ) (Entered: 10/10/2012)

Joint MOTION to Continue Deadline for Case Management Plan Filing by Plaintiffs Hercules Industries, Inc., Christine Ketterhagen, Andrew Newland, James Newland, Paul Newland, William Newland. (Attachments: # 1 Proposed Order (PDF Only) Proposed Order)(Bowman, Matthew) (Entered: 10/11/2012)

1 Proposed Order (PDF Only) Proposed Order

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MOTION to Stay Proceedings Pending Appeal by Plaintiffs Hercules Industries, Inc., Christine Ketterhagen, Andrew Newland, James Newland, Paul Newland, William Newland. (Attachments: # 1 Proposed Order (PDF Only) Proposed Order)(Bowman, Matthew) (Entered: 10/11/2012)

1 Proposed Order (PDF Only) Proposed Order

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MOTION to Continue case management plan deadline by Defendants Timothy Geithner, Kathleen Sebelius, Hilda Solis, United States Department of Health and Human Services, United States Department of Labor, United States Department of the Treasury. (Attachments: # 1 Proposed Order (PDF Only))(Bennett, Michelle) (Entered: 10/11/2012)

1 Proposed Order (PDF Only)

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BRIEF in Opposition to 51 MOTION to Stay Proceedings Pending Appeal filed by Defendants Timothy Geithner, Kathleen Sebelius, Hilda Solis, United States Department of Health and Human Services, United States Department of Labor, United States Department of the Treasury. (Attachments: # 1 Exhibit A)(Bennett, Michelle) (Entered: 10/18/2012)

1 Exhibit A

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REPLY to Response to 52 MOTION to Continue case management plan deadline filed by Plaintiffs Hercules Industries, Inc., Christine Ketterhagen, Andrew Newland, James Newland, Paul Newland, William Newland. (Bowman, Matthew) (Entered: 10/18/2012)

ORDER re 50 Motion to Continue. The parties' Joint Motion to Temporarily Continue Deadline for Case Management Plan Filing (Doc. 50) is GRANTED until further order of the court pending resolution of the parties' separate motions to stay (Doc. 51) and to continue (Doc. 52), by Judge John L. Kane on 10/25/12. Text Only Entry(jlksec) (Entered: 10/25/2012)

NOTICE of Additional Filings in the Court of Appeals for the Tenth Circuit by Defendants Timothy Geithner, Kathleen Sebelius, Hilda Solis, United States Department of Health and Human Services, United States Department of Labor, United States Department of the Treasury (Attachments: # 1 Exhibit A - Defs.' Corrected Motion, # 2 Exhibit B - Pls.' Opposition, # 3 Exhibit C - Defs.' Reply)(Bennett, Michelle) (Entered: 10/25/2012)

1 Exhibit A - Defs.' Corrected Motion

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2 Exhibit B - Pls.' Opposition

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3 Exhibit C - Defs.' Reply

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ORDER. Plaintiffs' Opposed Motion to Stay Proceedings Pending Appeal 51 is GRANTED and this case is STAYED until the Tenth Circuit issues its ruling or until further order of this Court. Defendants' Opposed Motion to Continue the October 26, 2012 Case Management [Scheduling] Plan Deadline until after the Court Rules on the Motion to Dismiss 52 is DENIED as MOOT, by Judge John L. Kane on 10/26/12.(sgrim) (Entered: 10/26/2012)

ORDER of USCA as to 43 Notice of Appeal, filed by Kathleen Sebelius, Hilda Solis, Timothy Geithner, United States Department of Health and Human Services, United States Department of the Treasury, United States Department of Labor. We affirm and remand to the district court.Given the pending petition for certiorari before the Supreme Court in Hobby Lobby, the district court is instructed to abate further proceedings until the Supreme Court completes its consideration of the Hobby Lobby case. At that time, the abatement may be lifted and the court may undertake all proceedings necessary to resolve the issues remaining before it. Finally, appellees' motion to hear this matter with the Hobby Lobby proceeding is denied as moot. (USCA Case No. 12-1380) (dbrow, ) (Entered: 11/26/2013)

MANDATE of USCA as to 43 Notice of Appeal, filed by Kathleen Sebelius, Hilda Solis, Timothy Geithner, United States Department of Health and Human Services, United States Department of the Treasury, United States Department of Labor : (USCA Case No. 12-1380) (dbrow, ) (Entered: 11/26/2013)

Supreme Court LETTER re 43 Notice of Appeal, filed by Kathleen Sebelius, Hilda Solis, Timothy Geithner, United States Department of Health and Human Services, United States Department of the Treasury, United States Department of Labor. The petition for a writ of certiorari in the above entitled case was filed on January 31, 2014 and placed on the docket January 31, 2014 as No. 13-919. (USCA Case No. 12-1380) (dbrow, ) (Entered: 02/03/2014)

Order for Status Report. Hobby Lobby having been decided by the United States Supreme Court on June 30, 2014, this matter is no longer stayed. Parties are ordered to confer and submit jointly a Status Report on or before July 21, 2014 by Judge John L. Kane on 06/30/14. (jhawk, ) (Entered: 06/30/2014)

Supreme Court LETTER re 43 Notice of Appeal, filed by Kathleen Sebelius, Hilda Solis, Timothy Geithner, United States Department of Health and Human Services, United States Department of the Treasury, United States Department of Labor. The petition for a writ of certiorari is denied. (USCA Case No. 12-1380) (dbrow, ) (Entered: 07/01/2014)

Joint STATUS REPORT by Plaintiffs Hercules Industries, Inc., Christine Ketterhagen, Andrew Newland, James Newland, Paul Newland, William Newland. (Bowman, Matthew) (Entered: 07/21/2014)

MINUTE ORDER re: 63 Joint Status Report. Defendants' Request for thirty days to determine how they wish to proceed is granted. Defendants shall advise the court and opposing counsel of its decision about how to proceed on or before 8/22/2014. Status Report due by 8/22/2014, by Judge John L. Kane on 7/21/14. Text Only Entry (jlksec) (Entered: 07/21/2014)

STATUS REPORT by Defendants Timothy Geithner, Kathleen Sebelius, Hilda Solis, United States Department of Health and Human Services, United States Department of Labor, United States Department of the Treasury. (Bennett, Michelle) (Entered: 08/22/2014)

RESPONSE to 65 Status Report by Plaintiffs Hercules Industries, Inc., Christine Ketterhagen, Andrew Newland, James Newland, Paul Newland, William Newland. (Bowman, Matthew) (Entered: 08/22/2014)

MINUTE ORDER re: 65 Status Report. Defendants' Request for an additional thirty days to submit what the Court hopes is a JOINT proposal for proceeding in this case is GRANTED. The proposal is due ON OR BEFORE September 22, 2014. It is FURTHER ORDERED that Defendants shall provide this court with a copy of any proposal/status report it files in the Hobby Lobby case in accordance with the Tenth Circuit's September 5, 2014 deadline, by Judge John L. Kane on 8/27/14. Text Only Entry (jlksec) (Entered: 08/27/2014)

NOTICE re 67 Minute Order,, by Defendants Timothy Geithner, Kathleen Sebelius, Hilda Solis, United States Department of Health and Human Services, United States Department of Labor, United States Department of the Treasury (Attachments: # 1 Attachment)(Bennett, Michelle) (Entered: 09/03/2014)

1 Attachment

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Joint STATUS REPORT by Defendants Timothy Geithner, Kathleen Sebelius, Hilda Solis, United States Department of Health and Human Services, United States Department of Labor, United States Department of the Treasury. (Bennett, Michelle) (Entered: 09/22/2014)

PERMANENT INJUNCTION by Judge John L. Kane on 3/16/2015. (Attachments: # 1 Memorandum, # 2 Order) (babia) (Entered: 03/16/2015)

1 Memorandum

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2 Order

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FINAL JUDGMENT by Clerk by Judge John L. Kane on 3/17/2015. (babia) (Entered: 03/17/2015)

Unopposed MOTION for Release of Funds, $100 security bond from preliminary injunction, by Plaintiffs Hercules Industries, Inc., Christine Ketterhagen, Andrew Newland, James Newland, Paul Newland, William Newland. (Attachments: # 1 Proposed Order (PDF Only))(Bowman, Matthew) (Entered: 04/24/2015)

1 Proposed Order (PDF Only)

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ORDER GRANTING Plaintiffs' Unopposed Motion to Release Security Bond from Preliminary Injunction (Doc. 72). The Clerk is directed to release Plaintiffs' $100 security bond to Plaintiffs or their counsel. Entered by Judge John L. Kane on 02/24/15. Text Only Entry(jhawk, ) (Entered: 04/24/2015)

NOTICE of Settlement of Attorneys' Fees and Costs by Plaintiffs Hercules Industries, Inc., Christine Ketterhagen, Andrew Newland, James Newland, Paul Newland, William Newland (Bowman, Matthew) (Entered: 04/29/2015)