Case: The Ave Maria Foundation v. Sebelius

2:13-cv-15198 | U.S. District Court for the Eastern District of Michigan

Filed Date: Dec. 20, 2013

Clearinghouse coding complete

Case Summary

On December 20, 2013, a group of non-profit organizations filed a lawsuit in the U.S. District Court for the Eastern District of Michigan under the First Amendment, Religious Freedom Restoration Act (RFRA) and the Administrative Procedure Act against the U.S. Department of Health and Human Services. The plaintiffs, including The Ave Maria Foundation, Domino's Farms Petting Farm, and Thomas More Law Center, are represented by the public interest firm The Thomas More Law Center. The plaintiffs as…

On December 20, 2013, a group of non-profit organizations filed a lawsuit in the U.S. District Court for the Eastern District of Michigan under the First Amendment, Religious Freedom Restoration Act (RFRA) and the Administrative Procedure Act against the U.S. Department of Health and Human Services. The plaintiffs, including The Ave Maria Foundation, Domino's Farms Petting Farm, and Thomas More Law Center, are represented by the public interest firm The Thomas More Law Center. The plaintiffs asked the court to rule that the Affordable Care Act's (ACA) contraception insurance mandate, even with the accommodation for non-profit religious organizations, is unconstitutional. Specifically, the plaintiffs asked for both a preliminary and permanent injunction keeping the government from enforcing the contraception insurance mandate against them because it violates the owners' deeply-help, Catholic religious beliefs.

On December 23, 2013, the plaintiffs filed an emergency motion for a temporary restraining order against the defendant. The defendants opposed this motion on the grounds that the accommodation to the ACA mandate does not substantially burden the plaintiffs' religious freedom under RFRA or cause the plaintiffs irreparable harm.

On January 13, 2013 U.S. District Court (Judge Stephen J. Murphy, III.) granted the plaintiff's motion for a preliminary injunction. On January 23, 2014, the court granted a joint motion to stay the case pending the defendants' decision to appeal the preliminary injunction. The order referenced two expedited appeals in similar cases in the U.S. Court of Appeals for the Sixth Circuit, Catholic Diocese of Nashville v. Sebelius, and Michigan Catholic Conference v. Sebelius. Defendants filed an appeal to the Sixth Circuit on March 13, 2014, but the case closed before the Court of Appeals ruled on the case. The plaintiffs jointly stipulated to the case's dismissal pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(ii) on February 2, 2018, presumably due to the result of Zubik v. Burwell, and the case is now closed.

 

Summary Authors

Mallory Jones (2/9/2014)

Elizabeth Heise (11/18/2018)

Related Cases

Weingartz Supply Co. v. Sebelius, Eastern District of Michigan (2012)

Michigan Catholic Conference v. Sebelius, Western District of Michigan (2013)

Roman Catholic Diocese of Nashville v. Sebelius, Middle District of Tennessee (2013)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/5335724/parties/the-ave-maria-foundation-v-sebelius/


Judge(s)
Attorney for Plaintiff
Attorney for Defendant

Bennett, Michelle Renee (District of Columbia)

Delery, Stuart F. (District of Columbia)

Grogg, Adam Anderson (District of Columbia)

Hartnett, Kathleen R. (District of Columbia)

Humphreys, Bradley Philip (District of Columbia)

show all people

Documents in the Clearinghouse

Document

2:13-cv-15198

Docket [PACER]

Ave Maria Foundation v. Sebelius

Feb. 2, 2018

Feb. 2, 2018

Docket
1

2:13-cv-15198

Complaint

Ave Maria Foundation v. Sebelius

Dec. 20, 2013

Dec. 20, 2013

Complaint
3

2:13-cv-15198

Motion for Temporary Restraining Order

Ave Maria Foundation v. Sebelius

Dec. 23, 2013

Dec. 23, 2013

Pleading / Motion / Brief
9

2:13-cv-15198

Defendants' Memorandum in Opposition to Plaintiffs' Motion for Temporary Restraining Order

Ave Maria Foundation v. Sebelius

Dec. 27, 2013

Dec. 27, 2013

Pleading / Motion / Brief
11

2:13-cv-15198

Plaintiffs' Reply in Support of Their Motion for a Temporary Restraining Order

Ave Maria Foundation v. Sebelius

Dec. 30, 2013

Dec. 30, 2013

Pleading / Motion / Brief
15

2:13-cv-15198

Opinion and Order Granting a Preliminary Injunction

Ave Maria Foundation v. Sebelius

Jan. 13, 2014

Jan. 13, 2014

Order/Opinion

991 F.Supp.2d 991

16

2:13-cv-15198

Joint Motion to Stay District Court Proceedings

Ave Maria Foundation v. Sebelius

Jan. 17, 2014

Jan. 17, 2014

Pleading / Motion / Brief
17

2:13-cv-15198

Order Granting Joint Motion to Stay, Staying Further Proceedings, and Administratively Closing the Case

Ave Maria Foundation v. Sebelius

Jan. 23, 2014

Jan. 23, 2014

Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/5335724/the-ave-maria-foundation-v-sebelius/

Last updated Feb. 10, 2024, 3:09 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT filed by All Plaintiffs against All Defendants. Plaintiff requests summons issued. Receipt No: 0645−4431056 − Fee: &#036 400. County of 1st Plaintiff: Washtenaw − County Where Action Arose: Washtenaw − County of 1st Defendant: USA. [Previously dismissed case: No] [Possible companion case(s): Eastern District of Michigan, 12−cv−12061, Judge Judge Robert H. Cleland] (Mersino, Erin) (Entered: 12/20/2013)

Dec. 20, 2013

Dec. 20, 2013

2

Emergency MOTION for Leave to File Excess Pages by All Plaintiffs. (Mersino, Erin) (Entered: 12/23/2013)

Dec. 23, 2013

Dec. 23, 2013

3

Emergency MOTION for Temporary Restraining Order by All Plaintiffs. (Attachments: # 1 Index of Exhibits Index of Exhibits, # 2 Exhibit Exhibit 1, # 3 Exhibit Exhibit 2, # 4 Exhibit Exhibit 3, # 5 Exhibit Exhibit 4, # 6 Exhibit Exhibit 5, # 7 Exhibit Exhibit 6, # 8 Exhibit Exhibit 7, # 9 Exhibit Exhibit 8, # 10 Exhibit Exhibit 9, # 11 Exhibit Exhibit 10) (Mersino, Erin) (Entered: 12/23/2013)

Dec. 23, 2013

Dec. 23, 2013

4

STATEMENT of DISCLOSURE of CORPORATE AFFILIATIONS and FINANCIAL INTEREST by All Plaintiffs (Mersino, Erin) (Entered: 12/23/2013)

Dec. 23, 2013

Dec. 23, 2013

5

SUMMONS Issued for *Jack Lew, Thomas E. Perez, Kathleen Sebelius, United States Department of Health and Human Services, United States Department of Labor, United States Department of the Treasury* (DTyl) (Entered: 12/23/2013)

Dec. 23, 2013

Dec. 23, 2013

6

SUMMONS Issued for the United States Attorney and the Office of the Attorney General. (DTyl) (Entered: 12/23/2013)

Dec. 23, 2013

Dec. 23, 2013

7

NOTICE of Appearance by Bradley P. Humphreys on behalf of All Defendants. (Humphreys, Bradley) (Entered: 12/23/2013)

Dec. 23, 2013

Dec. 23, 2013

8

MOTION for Leave to File Excess Pages in Opposition to Plaintiffs' Motion for Temporary Restraining Order by All Defendants. (Humphreys, Bradley) (Entered: 12/27/2013)

Dec. 27, 2013

Dec. 27, 2013

9

RESPONSE to 3 Emergency MOTION for Temporary Restraining Order filed by All Defendants. (Attachments: # 1 Index of Exhibits, # 2 Exhibit Catholic Diocese of Nashville v. Sebelius (M.D. Tenn.), # 3 Exhibit Univ. of Notre Dame v. Sebelius (N.D. Ind.), # 4 Priests for Life v. U.S. Dep't of Health & Human Servs. (D.D.C.)) (Humphreys, Bradley) (Entered: 12/27/2013)

Dec. 27, 2013

Dec. 27, 2013

10

MOTION for Leave to File Excess Pages by All Plaintiffs. (Mersino, Erin) (Entered: 12/30/2013)

Dec. 30, 2013

Dec. 30, 2013

12

ORDER Granting 2 Motion for Leave to File Excess Pages; Granting 3 Motion for TRO; Granting 8 Motion for Leave to File Excess Pages; and Granting 10 Motion for Leave to File Excess Pages − hearing set for 1/8/2014, 10:00 a.m... Signed by District Judge Stephen J. Murphy, III. (CCoh) (Entered: 12/31/2013)

Dec. 31, 2013

Dec. 31, 2013

13

NOTICE by All Plaintiffs re 12 Order on Motion for Leave to File Excess Pages, Order on Motion for TRO,,,,,, Joint Motion for Submission on Briefs (Mersino, Erin) Modified on 1/3/2014 (PMil).[DOCUMENT TITLED JOINT MOTION REGARDING PLAINTIFFS' MOTION FOR A PRELIMINARY INJUNCTION] (Entered: 01/02/2014)

Jan. 2, 2014

Jan. 2, 2014

14

ORDER to forego hearing re: motion for preliminary injunction − to be decided upon the parties' submissions. Signed by District Judge Stephen J. Murphy, III. (CCoh) (Entered: 01/03/2014)

Jan. 3, 2014

Jan. 3, 2014

15

OPINION and ORDER Granting a Preliminary Injunction. Signed by District Judge Stephen J. Murphy, III. (CCoh)

Jan. 13, 2014

Jan. 13, 2014

RECAP
16

Joint MOTION to Stay by All Defendants. (Bennett, Michelle) (Entered: 01/17/2014)

Jan. 17, 2014

Jan. 17, 2014

17

ORDER Granting 16 Motion to Stay and Administratively Closing the Case.. Signed by District Judge Stephen J. Murphy, III. (CCoh) (Entered: 01/23/2014)

Jan. 23, 2014

Jan. 23, 2014

18

NOTICE OF APPEAL by All Defendants re 15 Memorandum Opinion & Order. Fee Status: No Fee Paid. (Humphreys, Bradley) (Entered: 03/13/2014)

March 13, 2014

March 13, 2014

19

Certificate of Service re 18 Notice of Appeal. (TMcg) (Entered: 03/13/2014)

March 13, 2014

March 13, 2014

20

MOTION to Clarify Injunction Order, ECF No. 15 by All Plaintiffs. (Attachments: # 1 Exhibit Exhibit 1) (Mersino, Erin) (Entered: 03/28/2014)

March 28, 2014

March 28, 2014

21

ORDER Denying 20 Motion to Clarify.. Signed by District Judge Stephen J. Murphy, III. (CCoh) (Entered: 05/11/2014)

May 11, 2014

May 11, 2014

22

NOTICE of Appearance by Adam Grogg on behalf of All Defendants. (Grogg, Adam) (Entered: 03/25/2015)

March 25, 2015

March 25, 2015

23

Appearance

Aug. 16, 2017

Aug. 16, 2017

PACER
24

Withdrawal of Attorney

Aug. 16, 2017

Aug. 16, 2017

PACER
25

Order on Motion to Withdraw as Attorney

Aug. 18, 2017

Aug. 18, 2017

PACER
26

STIPULATION of Dismissal Joint Stipulation by All Plaintiffs (Oliveri, Kate) (Entered: 02/02/2018)

Feb. 2, 2018

Feb. 2, 2018

Case Details

State / Territory: Michigan

Case Type(s):

Speech and Religious Freedom

Special Collection(s):

Contraception Insurance Mandate

Multi-LexSum (in sample)

Key Dates

Filing Date: Dec. 20, 2013

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Plaintiffs are non-profit organizations, run by Catholic owners who believe the accommodation to the ACA's contraception insurance mandate offered to religions, non-profits violates their religious freedom

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

U.S. Department of Labor (Washington), Federal

U.S. Department of Health and Human Services (Washington), Federal

U.S. Department of the Treasury, Federal

Defendant Type(s):

Hospital/Health Department

Case Details

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.

Declaratory Judgment Act, 28 U.S.C. § 2201

Constitutional Clause(s):

Free Exercise Clause

Establishment Clause

Freedom of speech/association

Equal Protection

Available Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Preliminary injunction / Temp. restraining order

Source of Relief:

Litigation

Content of Injunction:

Preliminary relief granted

Issues

Reproductive rights:

Contraception

General:

Religious programs / policies

Discrimination-basis:

Religion discrimination

Type of Facility:

Non-government non-profit