IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF OKLAHOMA ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) )

Similar documents
Case 2:12-cv JFC Document 152 Filed 07/05/18 Page 1 of 6 IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF PENNSYLVANIA

Case 4:12-cv Y Document 99 Filed 12/31/13 Page 1 of 5 PageID 2155

Case 3:12-cv MJR-PMF Document 83 Filed 10/03/14 Page 1 of 9 Page ID #806 UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ILLINOIS

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF MISSOURI SOUTHERN DIVISION

IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF TENNESSEE

Case 1:12-cv JLK Document 70-1 Filed 03/16/15 USDC Colorado Page 1 of 12

Case: Document: Filed: 12/31/2013 Page: 1 (1 of 7) UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT. Filed: December 31, 2013

Case 3:12-cv MJR-PMF Document 2 Filed 10/09/12 Page 1 of 14 Page ID #3 UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ILLINOIS

Case 2:17-cv WB Document 97 Filed 12/26/18 Page 1 of 3 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA

UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF MISSOURI SOUTHERN DIVISION

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF IOWA WESTERN DIVISION

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA

IN THE UNITED STA I ES DISTRICT COURT FOR THE WESTERN DISTRICT OF MISSOURI SOUTHERN DIVISION

Case: 1:13-cv Document #: 29 Filed: 08/14/13 Page 1 of 7 PageID #:429

Case 2:17-cv WB Document 85 Filed 12/10/18 Page 1 of 4 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA

Case 5:13-cv ODS Document 1 Filed 10/08/13 Page 1 of 26

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF OKLAHOMA ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) )

Case 2:14-cv JES-CM Document 45 Filed 02/03/15 Page 1 of 23 PageID 354

Case 1:12-cv Doc #1 Filed 10/08/12 Page 1 of 31 Page ID#1

IN THE UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) )

Case 7:16-cv O Document 125 Filed 12/17/18 Page 1 of 9 PageID 2937

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Judge Philip A. Brimmer

Case 4:17-cv HSG Document 180 Filed 12/26/18 Page 1 of 3

Case: 4:12-cv CEJ Doc. #: 19 Filed: 06/11/12 Page: 1 of 14 PageID #: 129

Case 7:16-cv O Document 121 Filed 12/11/18 Page 1 of 7 PageID 2919

Case 1:05-cv WMN Document 88 Filed 08/20/2007 Page 1 of 5 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND

Case 1:13-cv RBW Document 1 Filed 10/22/13 Page 1 of 16 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA

Case 1:13-cv RCL Document 1 Filed 11/27/13 Page 1 of 27 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA

Case 1:17-cv LJO-SAB Document 1 Filed 03/20/17 Page 1 of 9

Case: 1:12-cv CAB Doc #: 4 Filed: 07/31/12 1 of 8. PageID #: 84 UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF OHIO.

Case 2:12-cv SLB Document 14 Filed 03/22/12 Page 1 of 9 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF ALABAMA SOUTHERN DIVISION

UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA. Plaintiffs,

Case 1:11-cv RJS Document 267 Filed 02/08/17 Page 1 of 11

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF MISSOURI EASTERN DIVISION

Case 1:18-cv AJN Document 6 Filed 09/29/18 Page 1 of 2 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK

Case 9:09-cv ZJH Document 227 Filed 02/04/14 Page 1 of 9 PageID #: 1187 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF IDAHO ORDER

Case 1:14-cv CG-N Document 59 Filed 01/25/15 Page 1 of 6

COMPLAINT. Plaintiff, The Green Pet Shop Enterprises, LLC ( Green Pet Shop or. Plaintiff ), by and through its attorneys, THE RANDO LAW FIRM P.C.

Case 1:14-cv CRC Document 222 Filed 10/03/18 Page 1 of 7 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA.

Case 4:17-cv HSG Document 181 Filed 12/26/18 Page 1 of 3 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA

1. The Plaintiff, Richard N. Bell, took photograph of the Indianapolis Skyline in

Securities and Exchange Commission v. Ingles Markets, Inc. Doc. 6 Case 1:06-cv LHT-DLH Document 6 Filed 04/28/2006 Page 1 of 8

IN THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF DELAWARE

Case 2:17-cv WB Document 41 Filed 12/08/17 Page 1 of 9 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF TENNESSEE AT KNOXVILLE ) ) ) ) ) ) ) ) ) ) ) MEMORANDUM OPINION

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF NORTH CAROLINA WESTERN DIVISION

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA

Case 1:13-cv WJM-BNB Document 52 Filed 12/27/13 USDC Colorado Page 1 of 34

UNITED STATES DISTRICT COURT FOR THE CENTRAL DISTRICT OF CALIFORNIA WESTERN DIVISION

UNITED STATES DISTRICT COURT DISTRICT OF NEV ADA. consented to the entry of this Consent Decree of Permanent Injunction (the "Decree"), without

Case 2:10-cv GCS-RSW Document 1 Filed 03/23/2010 Page 1 of 14 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF MICHIGAN

Case 4:16-cv Y Document 52 Filed 02/07/17 Page 1 of 5 PageID 678

Case 1:18-cv RC Document 23 Filed 12/03/18 Page 1 of 5 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA

SUPREME COURT OF THE UNITED STATES

Case 2:14-cv AJS Document 26 Filed 06/20/14 Page 1 of 16 IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF PENNSYLVANIA

AGREED MOTION FOR ENTRY OF CONSENT JUDGMENT AND PERMANENT INJUNCTION

Case 1:14-cv Document 1 Filed 02/18/14 Page 1 of 7 IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF TEXAS AUSTIN DIVISION

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MASSACHUSETTS

Case 7:16-cv O Document 68 Filed 01/19/17 Page 1 of 6 PageID 1790

Case 0:16-cv XXXX Document 1 Entered on FLSD Docket 06/27/2016 Page 1 of 10

Case: 2:12-cv DDN Doc. #: 52 Filed: 06/14/13 Page: 1 of 28 PageID #: 549

UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) )

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF MISSOURI NORTHERN DIVISION

Case 3:12-cv DPJ-FKB Document 17 Filed 07/01/12 Page 1 of 6

Appellate Case: Document: Date Filed: 10/03/2013 Page: 1 FILED United States Court of Appeals UNITED STATES COURT OF APPEALS

Couser v. DISH One Satellite, LLC United States District Court for the Central District of California Case No. 5:15-cv-2218-CBM-DTB

Case 1:13-cv Document 1 Filed 09/04/13 Page 1 of 39 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA

UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT

2:13-cv VAR-DRG Doc # 1 Filed 05/08/13 Pg 1 of 39 Pg ID 1 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF MICHIGAN

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF OKLAHOMA ORDER

1. This case challenges the constitutionality of the recently enacted federal law known COMPLAINT

Case 1:16-cv UNA Document 1 Filed 04/07/16 Page 1 of 17 PageID #: 1 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE ) ) ) ) ) ) ) ) )

PLAINTIFF S ORIGINAL COMPLAINT. Plaintiff Newthink, LLC ( Plaintiff ), by and through its undersigned counsel, files this

Case 1:18-cv RJL Document 28 Filed 11/07/18 Page 1 of 6 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA

Plaintiff Privacy Pop, LLC ( Plaintiff ) complains and alleges as follows against Defendant Gimme Gimme, LLC ( Defendant ).

4:14-cv MAG-RSW Doc # 1 Filed 04/03/14 Pg 1 of 7 Pg ID 1 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF MICHIGAN

LEGAL MEMORANDUM. mandate should prevail, vindicating. this nation s cherished right to freedom of conscience.

Case 2:16-cv JAR-JPO Document 69 Filed 09/20/17 Page 1 of 11 UNITED STATES DISTRICT COURT DISTRICT OF KANSAS

Case: 3:11-cv TMR Doc #: 1 Filed: 11/07/11 Page: 1 of 13 PAGEID #: 1 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF OHIO WESTERN DIVISION

r-q r.:: n u li n-:f THE GENERAL COURT OF JUSTICE

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA. Plaintiffs, NO

Case 2:17-cv EJF Document 2 Filed 10/02/17 Page 1 of 8 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF UTAH CENTRAL DIVISION

Case4:09-cv CW Document417 Filed12/01/11 Page1 of 5

Case 3:18-cv L Document 6-5 Filed 07/03/18 Page 1 of 9 PageID 97 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF TEXAS DALLAS DIVISION

Accommodating the Accommodated? Not-For-Profits Challenges to the Contraception Mandate Exemptions

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO

UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT

UNITED STATES DISTRICT COURT

Case: 3:14-cv Doc #: 1-1 Filed: 08/04/14 1 of 9. PageID #: 3

COMPLAINT. Comes now Plaintiff Belmont Abbey College, by and through its attorneys, and states as

Case 1:12-cv HSO-RHW Document 62 Filed 12/20/12 Page 1 of 15

STIPULATED FINAL JUDGMENT AND ORDER FOR PERMANENT INJUNCTION, CIVIL MONEY PENALTIES, AND OTHER RELIEF

United States District Court EASTERN DISTRICT OF TEXAS TYLER DIVISION

In the United States Court of Appeals for the Eleventh Circuit

Case: 1:12-cv Document #: 43 Filed: 12/22/12 Page 1 of 6 PageID #:435 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS

Case 1:17-cv Document 1 Filed 01/23/17 Page 1 of 11

Case 1:18-cv RC Document 46 Filed 02/26/19 Page 1 of 5 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA

Case: 1:10-cv SO Doc #: 19 Filed: 10/18/10 1 of 9. PageID #: 1267 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF OHIO EASTERN DIVISION

Case 2:16-cv CW Document 85 Filed 02/17/18 Page 1 of 5 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF UTAH, CENTRAL DIVISION

Transcription:

Case 5:13-cv-01015-F Document 109 Filed 05/15/18 Page 1 of 4 IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF OKLAHOMA (1 SOUTHERN NAZARENE UNIVERSITY; (2 OKLAHOMA WESLEYAN UNIVERSITY; (3 OKLAHOMA BAPTIST UNIVERSITY; and (4 MID-AMERICA CHRISTIAN UNIVERSITY, v. Plaintiffs, (1 ALEX M. AZAR, II, in his official Department of Health and Human Services; (2 R. ALEXANDER ACOSTA, in his official capacity as Secretary of the United States Department of Labor; (3 STEVEN T. MNUCHIN, in his official Department of the Treasury; (4 UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES; (5 UNITED STATES DEPARTMENT OF LABOR; and (6 UNITED STATES DEPARTMENT OF THE TREASURY, Defendants. Case No. 5:13-cv-01015-F ORDER ON PLAINTIFFS MOTION FOR PERMANENT INJUNCTION AND DECLARATORY RELIEF Before the Court is the Motion for Permanent Injunction and Declaratory Relief from Plaintiffs Southern Nazarene University, Oklahoma Wesleyan University,

Case 5:13-cv-01015-F Document 109 Filed 05/15/18 Page 2 of 4 Oklahoma Baptist University, and Mid-America Christian University (Plaintiffs. Doc. no. 105. Defendants response brief indicates they do not oppose the motion. Doc. no. 108. No reply brief was filed. Having considered the parties briefs and all relevant legal authority, Defendants representations that they are no longer raising a substantive defense to Plaintiffs Religious Freedom Restoration Act (RFRA claims regarding compliance with the HHS Mandate, and rules issued by Defendants with regard to the HHS Mandate, Plaintiffs motion is GRANTED. The Court concludes that Plaintiffs have met the standards for injunctive and declaratory relief. First, Plaintiffs have demonstrated, and Defendants now concede, that requiring Plaintiffs to comply with 42 U.S.C. 300gg-13(a(4, to the extent such compliance contradict Plaintiffs religious beliefs, violates their rights protected by the Religious Freedom Restoration Act, 42 U.S.C. 2000bb et seq. Second, Plaintiffs will suffer irreparable harm unless Defendants are enjoined from violating these rights. Third, the harm Plaintiffs will suffer in the absence of a permanent injunction and declaratory judgment outweighs any injury to Defendants resulting from this injunction. Fourth, the public interest in the vindication of religious freedom favors the entry of an injunction and declaratory judgment. It is therefore ORDERED that this Court s previous preliminary injunction, doc. no. 45, is hereby replaced in its entirety by the following: It is ORDERED that Defendants, their agents, officers, and employees, and all others in active concert or participation with them, including their successors in office, are hereby PERMANENTLY ENJOINED AND RESTRAINED: 2

Case 5:13-cv-01015-F Document 109 Filed 05/15/18 Page 3 of 4 1. From any effort to apply or enforce the requirements of 42 U.S.C. 300gg-13(a(4 and any implementing regulations as those requirements relate to the provision of drugs, devices, procedures, patient counseling and education; and 2. From pursuing, charging, or assessing penalties, fines, assessments, or any other enforcement actions for past, present, or future noncompliance with those requirements, including those found in 26 U.S.C. 4980D and 29 U.S.C. 1132, for failing to offer, provide, or otherwise facilitate access to drugs, devices, procedures, patient counseling and education, against Plaintiffs or their insurers and third-party administrators, as their conduct relates to Plaintiffs health plans. It is further ORDERED that Defendant HHS shall rescind and retract its August 13, 2016, letter to CommunityCare of Oklahoma and inform CommunityCare of Oklahoma that Plaintiff Oklahoma Wesleyan University did not self-certify or otherwise notify HHS of its objection to the contraceptive mandate under 26 C.F.R. 54.9815-2713A, 29 C.F.R. 2590.715-2713A, or 45 C.F.R. 147.131, and that CommunityCare is not legally obliged to provide coverage or payments to the beneficiaries of Oklahoma Wesleyan University s health plan for drugs, devices, procedures, and services to which Oklahoma Wesleyan University has objected in this lawsuit. It is further DECLARED that the requirements of 42 U.S.C. 300gg- 13(a(4, as those requirements relate to the provision of drugs, devices, procedures, patient counseling and education, violate Plaintiffs rights protected by the Religious Freedom Restoration Act, 42 U.S.C. 2000bb et seq. 3

Case 5:13-cv-01015-F Document 109 Filed 05/15/18 Page 4 of 4 It is further ORDERED that any petition by Plaintiffs for attorneys fees and costs shall be submitted no later than 45 days from the entry of judgment in this case. It is further ORDERED that this Court shall retain jurisdiction to enforce this order. SO ORDERED this 15 th day of May, 2018. 13-1015p023.docx 4

Case 5:13-cv-01015-F Document 110 Filed 05/15/18 Page 1 of 1 IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF OKLAHOMA (1 SOUTHERN NAZARENE UNIVERSITY; (2 OKLAHOMA WESLEYAN UNIVERSITY; (3 OKLAHOMA BAPTIST UNIVERSITY; and (4 MID-AMERICA CHRISTIAN UNIVERSITY, v. Plaintiffs, (1 ALEX M. AZAR, II, in his official Department of Health and Human Services; (2 R. ALEXANDER ACOSTA, in his official capacity as Secretary of the United States Department of Labor; (3 STEVEN T. MNUCHIN, in his official Department of the Treasury; (4 UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES; (5 UNITED STATES DEPARTMENT OF LABOR; and (6 UNITED STATES DEPARTMENT OF THE TREASURY, Defendants. Case No. 5:13-cv-01015-F JUDGMENT In accordance with the court s order of today s date granting plaintiffs motion for a permanent injunction and declaratory relief, judgment is entered in favor of the plaintiffs and against the defendants. SO ORDERED this 15 th day of May, 2018. 13-1015p025.docx