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Case Name Gilardi v. Dep't of Health and Human Services [Gilardi v. Sebelius] FA-DC-0004
Docket / Court 1:13-cv-00104-EGS ( D.D.C. )
State/Territory District of Columbia
Case Type(s) Speech and Religious Freedom
Special Collection Contraception Insurance Mandate
Case Summary
On January 24, 2013, Freshway Logistics, Inc., and Fresh Unlimited, Inc. (d/b/a Freshway Foods) and their owners filed a lawsuit in the DC District Court against the Federal Government under the Religious Freedom Restoration Act (42 U.S.C. § 2000bb), the Administrative Procedure Act (5 U.S.C. § 70 ... read more >
On January 24, 2013, Freshway Logistics, Inc., and Fresh Unlimited, Inc. (d/b/a Freshway Foods) and their owners filed a lawsuit in the DC District Court against the Federal Government under the Religious Freedom Restoration Act (42 U.S.C. § 2000bb), the Administrative Procedure Act (5 U.S.C. § 706(2)), and the First Amendment. Plaintiffs, represented by public interest attorneys from the American Center for Law and Justice, sought to enjoin enforcement of provisions of the Affordable Care Act (ACA) extending universal contraception coverage in employer-sponsored private health insurance coverage. Plaintiffs contended that this mandatory contraception coverage violated their sincerely held religious beliefs.

On March 3, 2013, the District Court (Judge Emmet Sullivan) denied plaintiff's motion for preliminary injunction. On March 5, 2013, plaintiffs filed an interlocutory appeal of the denial of preliminary injunction. On March 29, 2013, the DC Circuit Court granted an injunction pending appeal.

On November 1, 2013, the DC Court of Appeals concluded the District Court erred in denying plaintiffs a preliminary injunction with the respect to the individual owners and remanded for consideration of other preliminary-injunction factors. The Court held the company owners religious freedom is burdened when they choose between violating their beliefs and paying a penalty. The Court affirmed, however, the denial of a preliminary injunction with respect to the Freshway companies, holding that corporations cannot exercise religious beliefs. This case was remanded to the D.C. District Court.

Both the government and the plaintiffs sought review in the Supreme Court. The two petitions were held at the Supreme Court while the Court decided Burwell v. Hobby Lobby (also known as Hobby Lobby v. Sebelius). The Hobby Lobby decision issued on June 30, 2014: In 5-4 opinion by Justice Alito, the Court held that the HHS regulations imposing the contraceptive mandate violate RFRA, when applied to closely-held for-profit corporations. (The Court emphasized, however, that alternative methods for meeting the government's asserted interest were available.) The next day, the Supreme Court vacated the D.C. Circuit's opinion and remanded for further consideration. (Technically, the Court denied the goverment's petition, but granted the plaintiffs' petition, vacated the judgment, and remanded.)

On August 18, 2014, the District Court granted a preliminary injunction to allow the plaintiffs to decide how the would like to proceed following the Burwell v. Hobby Lobby decision. On October 20, 2014, the District Court granted a permanent injunction for the plaintiffs against enforcement of the contraceptive services mandate and associated sanctions, with the agreement of the plaintiffs and the government. The parties conferred and reached an agreement on attorneys' fees and costs, and the case is awaiting an entry of final judgment.

Wyatt Fore - 04/12/2013
Richard Jolly - 03/16/2014
Kate Craddock - 02/05/2016


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Issues and Causes of Action
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Issues
Constitutional Clause
Free Exercise Clause
Freedom of speech/association
Content of Injunction
Preliminary relief granted
Defendant-type
Hospital/Health Department
Discrimination-basis
Religion discrimination
General
Contraception
Religious programs / policies
Plaintiff Type
Private Plaintiff
Type of Facility
Non-government for profit
Causes of Action Religious Freedom Rest. Act/Religious Land Use and Inst. Persons Act (RFRA/RLUIPA)
Administrative Procedure Act, 5 U.S.C. §§ 551 et seq.
Defendant(s) U.S. Dept. of Health and Human Services
U.S. Dept. of Labor
U.S. Dept. of the Treasury
Plaintiff Description Plaintiffs are business owners who oppose the use of contraception for religious reasons, and therefore object to the contraception mandate in the ACA.
Indexed Lawyer Organizations None on record
Class action status sought No
Class action status granted No
Prevailing Party Plaintiff
Public Int. Lawyer Yes
Nature of Relief Preliminary injunction / Temp. restraining order
None yet
Injunction / Injunctive-like Settlement
Source of Relief Litigation
Form of Settlement None on record
Order Duration 2014 - n/a
Case Closing Year n/a
Case Ongoing Yes
Case Listing FA-DC-0006 : Barron Industries, Inc. v. Sebelius (D.D.C.)
FA-DC-0007 : Trijicon, Inc. v. Sebelius (D.D.C.)
FA-DC-0008 : Johnson Welded Products, Inc. v. Sebelius (D.D.C.)
FA-DC-0009 : Willis & Willis PLC v. Sebelius (D.D.C.)
FA-DC-0014 : C.W. Zumbeil v. Sebelius (D.D.C.)
Docket(s)
13-5069 (U.S. Court of Appeals) 03/29/2013
FA-DC-0004-9001.pdf | Detail
PACER [Public Access to Court Electronic Records]
1:13-cv-104 (D.D.C.) 03/27/2015
FA-DC-0004-9000.pdf | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Complaint for Declaratory and Injunctive Relief 01/24/2013
FA-DC-0004-0001.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Plaintiffs' Response to Court Order at Docket Entry 11 02/06/2013
FA-DC-0004-0002.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Plaintiffs' Motion for a Preliminary Injunction 02/08/2013
FA-DC-0004-0003.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Amicus Brief of the State of Ohio in Support of Plaintiffs' Motion for Preliminary Injunction 02/22/2013
FA-DC-0004-0004.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Order [from trial court denying preliminary injunction for plaintiffs] 03/03/2013 (2013 WL 781150 / 2013 U.S.Dist.LEXIS 28719) (D.D.C.)
FA-DC-0004-0005.pdf | WESTLAW| LEXIS | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Circuit Court Opinion [granting injunction pending appeal] 03/29/2013
FA-DC-0004-0006.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
[D.C. Circuit Opinion] 11/01/2013 (733 F.3d 1208)
FA-DC-0004-0007.pdf | WESTLAW| LEXIS | Detail
Document Source: U.S. Court of Appeals website
Certiorari -- Summary Disposition 07/01/2014 (134 S.Ct. 2902)
FA-DC-0004-0008.pdf | WESTLAW | Detail
Document Source: Supreme Court website
Order 08/18/2014 (D.D.C.)
FA-DC-0004-0009.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Order 10/20/2014 (D.D.C.)
FA-DC-0004-0010.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Judges Brown, Janice Rogers (D.C. Circuit)
FA-DC-0004-0006 | FA-DC-0004-0007 | FA-DC-0004-9001
Edwards, Harry Thomas (D.C. Circuit)
FA-DC-0004-0007
Garland, Merrick B. (D.C. Circuit)
FA-DC-0004-9001
Griffith, Thomas Beall (D.C. Circuit)
FA-DC-0004-9001
Henderson, Karen LeCraft (D.S.C., D.C. Circuit)
FA-DC-0004-9001
Kavanaugh, Brett M. (D.C. Circuit)
FA-DC-0004-9001
Randolph, Arthur Raymond (D.C. Circuit)
FA-DC-0004-0007
Rogers, Judith Ann Wilson (D.C. Circuit)
FA-DC-0004-0006 | FA-DC-0004-9001
Sullivan, Emmet G. (D.D.C.)
FA-DC-0004-0005 | FA-DC-0004-0009 | FA-DC-0004-0010 | FA-DC-0004-9000
Tatel, David S. (D.C. Circuit)
FA-DC-0004-0006 | FA-DC-0004-9001
Monitors/Masters None on record
Plaintiff's Lawyers Gammill, Carly F. (Tennessee)
FA-DC-0004-9001
Manion, Frances J (Kentucky)
FA-DC-0004-0001 | FA-DC-0004-0002 | FA-DC-0004-0003 | FA-DC-0004-9000
May, Colby M. (District of Columbia)
FA-DC-0004-0001 | FA-DC-0004-0002 | FA-DC-0004-0003 | FA-DC-0004-9000 | FA-DC-0004-9001
Surtees, Geoffrey R. (Kentucky)
FA-DC-0004-0001 | FA-DC-0004-0002 | FA-DC-0004-0003 | FA-DC-0004-9000
White, Edward L. III (Michigan)
FA-DC-0004-0001 | FA-DC-0004-0002 | FA-DC-0004-0003 | FA-DC-0004-9000
Zimmerman, Erik M. (Kentucky)
FA-DC-0004-0001 | FA-DC-0004-0002 | FA-DC-0004-0003 | FA-DC-0004-9000
Defendant's Lawyers Berwick, Benjamin Leon (District of Columbia)
FA-DC-0004-9000
Klein, Alisa B. (District of Columbia)
FA-DC-0004-9001
Stern, Mark B. (District of Columbia)
FA-DC-0004-9001
Other Lawyers Nelson, Frederick Dickson (Ohio)
FA-DC-0004-0004 | FA-DC-0004-9000

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