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Case Name Grote Industries v. Sebelius FA-IN-0004
Docket / Court 4:12-cv-00134-SEB-DML ( S.D. Ind. )
State/Territory Indiana
Case Type(s) Speech and Religious Freedom
Special Collection Contraception Insurance Mandate
Case Summary
On October 29, 2012, Grote Industries and its owners filed this lawsuit in the Southern District of Indiana against the Federal Government under the Religious Freedom Restoration Act ("RFRA"), the Administrative Procedure Act ("APA"), and the First and Fifth Amendments. Plaintiffs, represented by ... read more >
On October 29, 2012, Grote Industries and its owners filed this lawsuit in the Southern District of Indiana against the Federal Government under the Religious Freedom Restoration Act ("RFRA"), the Administrative Procedure Act ("APA"), and the First and Fifth Amendments. Plaintiffs, represented by private counsel and the Alliance Defending Freedom, seek to enjoin enforcement of provisions of the Affordable Care Act ("ACA") extending universal contraception coverage in employer-sponsored private health insurance coverage. Plaintiffs contend that this mandatory contraception coverage violates their sincerely held religious beliefs.

On December 27, 2012, the District Court (Judge Sarah Evans Barker) denied plaintiffs' motion for preliminary injunction, and denied reconsideration of that motion on January 3, 2013. On January 9, 2013, plaintiffs appealed the issue to the Seventh Circuit, which granted a preliminary injunction as the appeal pended and consolidated the case with Korte v. United States Department of Health and Human Services (FA-IL-0006).The 7th Circuit (Judges Flaum, Sykes, and Rovner) heard arguments in the case on May 22, 2013.

On November 8, 2013, the Seventh Circuit Court of Appeals (Judge Sykes) reversed and remanded to the district court with instructions to enter a preliminary injunction barring enforcement of the contraception mandate. The court emphasized that both the business owners and their companies may challenge the mandate, and that compelling plaintiffs to cover contraception services impermissibly burdened their religious-exercise rights under the RFRA's strict scrutiny test. Grote v. Sebelius, No. 12-3841, 2013 WL 5960692 (7th Cir. Nov. 8, 2013).

On February 20, 2014, the District Court issued a stay pending the Supreme Courts' decision in Hobby Lobby. On August 12, 2014, following the Supreme Court's ruling in Burwell v. Hobby Lobby that held that closely-held religious for-profit corporations could be eligible for the contraceptive services mandate accommodation, the Seventh Circuit awarded the plaintiffs $845.16 in costs. On April 30, 2015, the District Court issued a permanent injunction against the defendants, enjoining them from enforcing the requirements of the contraceptive services mandate against the plaintiffs. The plaintiffs and the defendant agreed to a settlement on attorneys' fees and costs on September 28, 2015.

Wyatt Fore - 04/12/2013
Richard Jolly - 03/23/2014
Kate Craddock - 02/19/2016


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Issues and Causes of Action
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Issues
Constitutional Clause
Due Process
Establishment 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. ยงยง 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
Attorneys fees
Injunction / Injunctive-like Settlement
Source of Relief Litigation
Settlement
Form of Settlement None on record
Order Duration not on record
Case Closing Year n/a
Case Ongoing Yes
Case Listing FA-IL-0006 : Korte v. United States Department of Health and Human Services (S.D. Ill.)
Docket(s)
13-1077 (U.S. Court of Appeals) 07/02/2013
FA-IN-0004-9001.pdf | Detail
PACER [Public Access to Court Electronic Records]
4:12-cv-134 (S.D. Ind.) 02/20/2014
FA-IN-0004-9000.pdf | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Verified Complaint 10/29/2012
FA-IN-0004-0003.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Memorandum of Law in Support of Motion for Preliminary Injunction 11/27/2012
FA-IN-0004-0004.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Order Denying Plaintiffs' Motion for Preliminary Injunction 12/27/2012 (2012 WL 6725905 / 2012 U.S.Dist.LEXIS 181965) (S.D. Ind.)
FA-IN-0004-0001.pdf | WESTLAW| LEXIS | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Order Denying Motion to Reconsider 01/03/2013 (2013 WL 53736 / 2013 U.S.Dist.LEXIS 713) (S.D. Ind.)
FA-IN-0004-0002.pdf | WESTLAW| LEXIS | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Order [granting injunction pending appeal] 01/30/2013 (708 F.3d 850)
FA-IN-0004-0005.pdf | WESTLAW| LEXIS | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Notice of Issuance of Mandate 12/31/2013 (735 F.3d 654)
FA-IN-0004-0006.pdf | WESTLAW| LEXIS | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Order Granting Preliminary Injunction 02/20/2014 (S.D. Ind.)
FA-IN-0004-0007.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Order Awarding Costs 08/12/2014
FA-IN-0004-0009.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Injunction and Judgment 04/30/2015 (S.D. Ind.)
FA-IN-0004-0008.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Judges Barker, Sarah Evans (S.D. Ind.)
FA-IN-0004-0001 | FA-IN-0004-0002 | FA-IN-0004-0007 | FA-IN-0004-0008 | FA-IN-0004-9000
Flaum, Joel Martin (Seventh Circuit, N.D. Ill.)
FA-IN-0004-0005 | FA-IN-0004-0006 | FA-IN-0004-9001
Lynch, Debra McVicker (S.D. Ind.) [Magistrate]
FA-IN-0004-9000
Rovner, Ilana Kara Diamond (Seventh Circuit, N.D. Ill.)
FA-IN-0004-0005 | FA-IN-0004-0006 | FA-IN-0004-9001
Sykes, Diane S. (Seventh Circuit)
FA-IN-0004-0005 | FA-IN-0004-0006 | FA-IN-0004-0009 | FA-IN-0004-9001
Monitors/Masters None on record
Plaintiff's Lawyers Beauman, Bryan H. (Kentucky)
FA-IN-0004-0003 | FA-IN-0004-0004 | FA-IN-0004-9000 | FA-IN-0004-9001
Bowman, Matthew S. (District of Columbia)
FA-IN-0004-0003 | FA-IN-0004-0004 | FA-IN-0004-9000 | FA-IN-0004-9001
Cork, Michael J. (Indiana)
FA-IN-0004-0003 | FA-IN-0004-0004 | FA-IN-0004-9000 | FA-IN-0004-9001
Wilkins, Michael A. (Indiana)
FA-IN-0004-0003 | FA-IN-0004-0004 | FA-IN-0004-9000 | FA-IN-0004-9001
Defendant's Lawyers Klein, Alisa B. (District of Columbia)
FA-IN-0004-9001
Pruski, Jacek (District of Columbia)
FA-IN-0004-9000
Woods, Shelese M. (Indiana)
FA-IN-0004-9000
Other Lawyers Blatt, Lisa Schiavo (District of Columbia)
FA-IN-0004-9001
Engelsen, Angela M. (Indiana)
FA-IN-0004-9001
Francisco, Noel (District of Columbia)
FA-IN-0004-9001
Gaylord, Scott W. (North Carolina)
FA-IN-0004-9001
Lipper, Gregory M. (District of Columbia)
FA-IN-0004-9001
Perkins, Martha Jane (North Carolina)
FA-IN-0004-9001
Schneider, Bruce Harvey (New York)
FA-IN-0004-9001

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