University of Michigan Law School
Civil Rights Litigation Clearinghouse
new search
page permalink
Case Name Bick Holdings Inc. v. Sebelius FA-MO-0008
Docket / Court 4:13-cv-00462-AGF ( E.D. Mo. )
State/Territory Missouri
Case Type(s) Speech and Religious Freedom
Special Collection Contraception Insurance Mandate
Case Summary
On March 13, 2013, a for-profit company filed this lawsuit in the United States District Court for the Eastern District of Missouri under the Religious Freedom Restoration Act, the First Amendment, and the Administrative Procedure Act against the U.S. Department of Health and Human Services. The ... read more >
On March 13, 2013, a for-profit company filed this lawsuit in the United States District Court for the Eastern District of Missouri under the Religious Freedom Restoration Act, the First Amendment, and the Administrative Procedure Act against the U.S. Department of Health and Human Services. The plaintiff, represented by the American Center for Law and Justice, asked the court for an exception to the Affordable Care Act (ACA) mandate requiring employers to provide health insurance coverage of contraception. Specifically, the plaintiff claimed that providing insurance coverage of contraception would violate the religious beliefs of the company's owners.

On April 1, 2013, United States District Judge Audrey G. Fleissig granted the plaintiff's unopposed motion for preliminary injunction and stay of the case. The court ordered the defendant not to enforce the ACA insurance mandate regarding contraception against the plaintiffs until 30 days after the appeal of either of the cases (1) O'Brien v. U.S. Dep't of Health and Human Services, 894 F.Supp.2d 1149 (E.D. Mo. 2012) or (2) Annex Medical, Inc. v. Sebelius, No. 12–2804 2013 WL 101927 (D. Minn. Jan. 8, 2013), was decided by the Eighth Circuit, whichever occurred first. Both of these cases involved similar legal issues and the same defendant.

Before a decision was reached in either case, on June 30, 2014, the Supreme Court issued a decision in Burwell v. Hobby Lobby Stores, Inc., 134 S. Ct. 2751 (2014), a substantially similar case. In a 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. 

In light of this decision, on November 10, 2014, the parties submitted a Joint Motion for Entry of Injunction and Judgment, in which they jointly agreed that that judgment should be entered in favor of plaintiffs on their Religious Freedom Restoration Act claim, that a permanent injunction should be entered, that all other claims against the defendants should be dismissed, and that the deadline for any petition by plaintiffs for attorneys' fees should be extended to 60 days after the entry of judgment.

On November 18, 2014, Judge Fliessig signed the consent injunction and judgment, and the case was dismissed. The plaintiffs never moved for attorneys' fees.

Mallory Jones - 11/15/2013
Elizabeth Greiter - 11/02/2017


compress summary

- click to show/hide ALL -
Issues and Causes of Action
click to show/hide detail
Issues
Constitutional Clause
Due Process
Equal Protection
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 Administrative Procedure Act, 5 U.S.C. §§ 551 et seq.
Declaratory Judgment Act, 28 U.S.C. § 2201
Religious Freedom Rest. Act/Religious Land Use and Inst. Persons Act (RFRA/RLUIPA)
Defendant(s) Department of Health and Human Services
Department of Labor
Department of the Treasury
Plaintiff Description A for-profit company seeking an exception to the Affordable Care Act's mandate requiring employers to provide health insurance coverage of contraception because it violates the owner's religious beliefs.
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
Injunction / Injunctive-like Settlement
Source of Relief Settlement
Form of Settlement Court Approved Settlement or Consent Decree
Voluntary Dismissal
Order Duration 2013 - n/a
Case Closing Year 2014
Case Ongoing No
Case Listing FA-MN-0003 : Annex Medical, Inc. v. Sebelius (D. Minn.)
FA-MO-0006 : O'Brien v. HHS (E.D. Mo.)
Docket(s)
4:13−cv−00462 (E.D. Mo.)
FA-MO-0008-9000.pdf | Detail
Date: 11/18/2014
Source: PACER [Public Access to Court Electronic Records]
General Documents
Complaint [ECF# 1]
FA-MO-0008-0001.pdf | Detail
Date: 03/13/2013
Source: PACER [Public Access to Court Electronic Records]
Plaintiffs' Motion for Preliminary Injunction [ECF# 8]
FA-MO-0008-0003.pdf | Detail
Date: 03/25/2013
Source: PACER [Public Access to Court Electronic Records]
Plaintiffs' Memorandum in Support of Motion for Preliminary Injunction [ECF# 9]
FA-MO-0008-0004.pdf | Detail
Date: 03/25/2013
Source: PACER [Public Access to Court Electronic Records]
[Proposed] Order Granting Plaintiffs' Motion for Preliminary Injunction [ECF# 9-2] (E.D. Mo.)
FA-MO-0008-0005.pdf | Detail
Date: 03/25/2013
Source: PACER [Public Access to Court Electronic Records]
Defendants' Unopposed Motion to Stay Proceedings and Notice of Non-Opposition to Plaintiffs' Motion for Preliminary Injunction [ECF# 17]
FA-MO-0008-0006.pdf | Detail
Date: 03/28/2013
Source: PACER [Public Access to Court Electronic Records]
[Proposed] Order Enjoining Defendants [ECF# 17-1] (E.D. Mo.)
FA-MO-0008-0007.pdf | Detail
Date: 03/28/2013
Source: PACER [Public Access to Court Electronic Records]
Order (Granting Plaintiffs' Motion for Preliminary Injunction and Enjoining Defendants) [ECF# 19] (E.D. Mo.)
FA-MO-0008-0002.pdf | Detail
Date: 04/01/2013
Source: PACER [Public Access to Court Electronic Records]
Joint Motion for Entry of Injunction and Judgment [ECF# 23]
FA-MO-0008-0008.pdf | Detail
Date: 11/10/2014
Source: PACER [Public Access to Court Electronic Records]
Consent Injunction and Judgment [ECF# 24] (E.D. Mo.)
FA-MO-0008-0009.pdf | Detail
Date: 11/18/2014
Source: PACER [Public Access to Court Electronic Records]
Judges Fleissig, Audrey Goldstein (E.D. Mo.)
FA-MO-0008-0002 | FA-MO-0008-0005 | FA-MO-0008-0007 | FA-MO-0008-0009 | FA-MO-0008-9000
Plaintiff's Lawyers Gammill, Carly F. (Tennessee)
FA-MO-0008-0001 | FA-MO-0008-0003 | FA-MO-0008-0004
Manion, Francis J (Kentucky)
FA-MO-0008-0001 | FA-MO-0008-0003 | FA-MO-0008-0004 | FA-MO-0008-0008 | FA-MO-0008-9000
Surtees, Geoffrey R. (Kentucky)
FA-MO-0008-0001 | FA-MO-0008-0003 | FA-MO-0008-0004 | FA-MO-0008-0008 | FA-MO-0008-9000
White, Edward L. III (Michigan)
FA-MO-0008-0001 | FA-MO-0008-0003 | FA-MO-0008-0004 | FA-MO-0008-0008 | FA-MO-0008-9000
Zimmerman, Erik M. (Kentucky)
FA-MO-0008-0001 | FA-MO-0008-0003 | FA-MO-0008-0004 | FA-MO-0008-9000
Defendant's Lawyers Bennett, Michelle Renee (District of Columbia)
FA-MO-0008-0006 | FA-MO-0008-0008 | FA-MO-0008-9000
Branda, Joyce R. (District of Columbia)
FA-MO-0008-0008
Callahan, Richard G. (Missouri)
FA-MO-0008-0006 | FA-MO-0008-0008
Delery, Stuart F. (District of Columbia)
FA-MO-0008-0006
Gershengorn, Ian Heath (District of Columbia)
FA-MO-0008-0006
Lieber, Sheila M. (District of Columbia)
FA-MO-0008-0006 | FA-MO-0008-0008
Ricketts, Jennifer (District of Columbia)
FA-MO-0008-0006 | FA-MO-0008-0008

- click to show/hide ALL -

new search
page permalink

- top of page -