D.N.D. 3:16-cv-00386 Docket
North Dakota v. Burwell
No. 3:16-cv-00386, Case History (under construction)
Court: District of North Dakota (Eastern)
Assigned to: Judge Peter D. Welte
(previously Judge Daniel L. Hovland, reassigned 08/09/19)
(previously Judge Ralph R. Erickson, reassigned 01/09/17)
Referred to: Magistrate Judge Alice R. Senechal
| Date Filed | # | Docket Text |
| 11/07/2016 | 1 | COMPLAINT against Sylvia Burwell and United States Department of Health and Human Services (Filing fee $400, receipt number 317000062) filed by The Religious Sisters of Mercy, State of North Dakota, Sacred Heart Mercy Health Care, University of Mary, Sacred Heart Mercy Health Care Center, and SMP Health System. (Attachments: # 1 Civil Cover Sheet)(js) (Entered: 11/08/2016) |
| 11/08/2016 | 2 | Summons Issued as to Sylvia Burwell, United States Department of Health and Human Services, U.S. Attorney and U.S. Attorney General. (js) (Entered: 11/08/2016) |
| 11/14/2016 | 3 | MOTION for Leave to File Excess Pages by North Dakota, State of, Religious Sisters of Mercy, The, SMP Health System, Sacred Heart Mercy Health Care, Sacred Heart Mercy Health Care Center, University of Mary. (Goodrich, Luke) (Entered: 11/14/2016) |
| 11/15/2016 | 4 | (Text Only) ORDER by Magistrate Judge Alice R. Senechal granting 3 Motion for Leave to File Excess Pages. (AS) (Entered: 11/15/2016) |
| 11/17/2016 | 5 | MOTION for Preliminary Injunction by North Dakota, State of, Religious Sisters of Mercy, The, SMP Health System, Sacred Heart Mercy Health Care, Sacred Heart Mercy Health Care Center, University of Mary. (Goodrich, Luke) (Entered: 11/17/2016) |
| 11/17/2016 | 6 | MEMORANDUM in Support re 5 MOTION for Preliminary Injunction filed by North Dakota, State of, Religious Sisters of Mercy, The, SMP Health System, Sacred Heart Mercy Health Care, Sacred Heart Mercy Health Care Center, University of Mary. (Attachments: # 1 Exhibit A Sister O’Brien Decl., # 2 Exhibit B Sister Stahl Decl., # 3Exhibit C Msgr. Shea Decl., # 4 Exhibit D Sister Hart Decl., # 5Exhibit E Dr. Twanow Decl., # 6 Exhibit F CMS Proposed Decision Memo, # 7 Exhibit G CMS Final Decision Memo, # 8 Exhibit H WPATH, # 9 Exhibit I TRICARE Memo, # 10 Exhibit J HHS Appeals Board Decision)(Goodrich, Luke) (Entered: 11/17/2016) |
| 11/21/2016 | 7 | NOTICE of Appearance by Adam Grogg on behalf of All Defendants (Grogg, Adam) (Entered: 11/21/2016) |
| 11/21/2016 | 8 | MOTION for Extension of Time to File Response/Reply as to 5MOTION for Preliminary Injunction , 6 MEMORANDUM in Support,, (Consent), MOTION for Leave to File Excess Pages (Consent) by Sylvia Burwell, United States Department of Health and Human Services. (Grogg, Adam) (Entered: 11/21/2016) |
| 11/22/2016 | 9 | (Text Only) ORDER by Magistrate Judge Alice R. Senechal granting unopposed 8 Motion for Extension of Time to File Response re 5MOTION for Preliminary Injunction-Response due by 12/7/2016; granting unopposed 8 Motion for Leave to File Excess Pages. (AS) (Entered: 11/22/2016) |
| 12/07/2016 | 10 | RESPONSE to Motion re 5 MOTION for Preliminary Injunction filed by Sylvia Burwell, United States Department of Health and Human Services. (Grogg, Adam) (Entered: 12/07/2016) |
| 12/07/2016 | 11 | MOTION for Leave to File Amicus Brief by American Civil Liberties Union. (Attachments: # 1 Exhibit Brief of Proposed Amici American Civil Liberties Union)(Bowie, Courtney) (Entered: 12/07/2016) |
| 12/07/2016 | 12 | NOTICE of Appearance by Emily B. Nestler on behalf of All Defendants (Nestler, Emily) (Entered: 12/07/2016) |
| 12/08/2016 | 13 | MOTION for Leave to File Excess Pages (Unopposed) by North Dakota, State of, Religious Sisters of Mercy, The, SMP Health System, Sacred Heart Mercy Health Care, Sacred Heart Mercy Health Care Center, University of Mary. (Goodrich, Luke) (Entered: 12/08/2016) |
| 12/08/2016 | 14 | (Text Only) ORDER by Magistrate Judge Alice R. Senechal granting 11 Motion for Leave to File an Amicus Brief of up to 40 pages. (LS) (Entered: 12/08/2016) |
| 12/08/2016 | 15 | (Text Only) ORDER by Magistrate Judge Alice R. Senechal granting unopposed 13 Motion for Leave to File Excess Pages. (LS) (Entered: 12/08/2016) |
| 12/13/2016 | 16 | NOTICE of Appearance by Bailey W. Heaps on behalf of All Defendants (Heaps, Bailey) (Entered: 12/13/2016) |
| 12/13/2016 | 17 | NOTICE of Appearance by Matthew A. Sagsveen on behalf of North Dakota, State of (Sagsveen, Matthew) (Entered: 12/13/2016) |
| 12/14/2016 | 18 | REPLY to Response to Motion re 5 MOTION for Preliminary Injunction filed by North Dakota, State of, Religious Sisters of Mercy, The, SMP Health System, Sacred Heart Mercy Health Care, Sacred Heart Mercy Health Care Center, University of Mary. (Attachments: # 1 Exhibit A Sister O’Brien Decl., # 2 Exhibit B Bakke Decl., # 3Exhibit C Goodrich Decl.)(Goodrich, Luke) (Entered: 12/14/2016) |
| 12/16/2016 | 19 | MOTION for Leave to Appear Pro Hac Vice Attorney Michael Steinberg (Filing fee $150, receipt number 317000121) by American Civil Liberties Union. (as) (Entered: 12/19/2016) |
| 12/20/2016 | 20 | (Text Only) ORDER by Magistrate Judge Alice R. Senechal granting 19 Motion for Leave to Appear Pro Hac Vice for Attorney Michael Steinberg. (LS) Modified on 12/20/2016 to add attorney Michael J. Steinberg. NEF Regenerated. (js) (Entered: 12/20/2016) |
| 12/29/2016 | 21 | *SEALED* MOTION Emergency Motion for Remittal of Disqualification , MOTION to Expedite Plaintiffs’ Motion for Preliminary Injunction by North Dakota, State of, Religious Sisters of Mercy, The, SMP Health System, Sacred Heart Mercy Health Care, Sacred Heart Mercy Health Care Center, University of Mary. (Goodrich, Luke) Modified on 12/30/2016 to seal motion per chambers. (as) (Entered: 12/29/2016) |
| 12/29/2016 | 22 | MOTION for Hearing by North Dakota, State of, Religious Sisters of Mercy, The, SMP Health System, Sacred Heart Mercy Health Care, Sacred Heart Mercy Health Care Center, University of Mary. See document at 21 . (js) (Entered: 12/30/2016) |
| 12/30/2016 | 23 | SEALED ORDER Staying Enforcement by Judge Ralph R. Erickson.(SH) (Entered: 12/30/2016) |
| 01/04/2017 | 24 | MOTION for Extension of Time to File Answer (Consent) by Sylvia Burwell, United States Department of Health and Human Services. (Grogg, Adam) (Entered: 01/04/2017) |
| 01/05/2017 | 25 | (Text Only) ORDER by Magistrate Judge Alice R. Senechal granting unopposed 24 Motion for Extension of Time to Answer. All Defendants’ answers due thirty days after the court’s order on plaintiffs’ motion for a preliminary injunction. (AS) (Entered: 01/05/2017) |
| 01/06/2017 | 26 | MOTION to Amend/Correct 23 SEALED ORDER (Expedited) by Sylvia Burwell, United States Department of Health and Human Services. (Grogg, Adam) (Entered: 01/06/2017) |
| 01/09/2017 | 27 | (Text Only) ORDER REASSIGNING CASE by Chief Judge Daniel L. Hovland. Case reassigned to Chief Judge Daniel L. Hovland for all further proceedings. Judge Ralph R. Erickson no longer assigned to the case. Case remains referred to Magistrate Judge Alice R. Senechal.(as) (Entered: 01/09/2017) |
| 01/10/2017 | 28 | NOTICE of Appearance by Daniel I. Mach on behalf of American Civil Liberties Union (Mach, Daniel) (Entered: 01/10/2017) |
| 01/11/2017 | 29 | NOTICE of Appearance by Joshua A. Block on behalf of American Civil Liberties Union (Block, Joshua) (Entered: 01/11/2017) |
| 01/12/2017 | 30 | (Text Only) ORDER by Chief Judge Daniel L. Hovland finding as moot 21 Motion for Remittal of Disqualification; finding as moot 21 Motion to Expedite; finding as moot 22 Sealed Motion for Hearing. See Docket No. 27. (MM) (Entered: 01/12/2017) |
| 01/12/2017 | 31 | NOTICE of Appearance by Brigitte Amiri on behalf of American Civil Liberties Union (Amiri, Brigitte) (Entered: 01/12/2017) |
| 01/12/2017 | 32 | NOTICE of Appearance by Louise Melling on behalf of American Civil Liberties Union (Melling, Louise) (Entered: 01/12/2017) |
| 01/12/2017 | 33 | NOTICE of Appearance by Brian Hauss on behalf of American Civil Liberties Union (Hauss, Brian) (Entered: 01/12/2017) |
| 01/20/2017 | 34 | RESPONSE to Motion re 26 MOTION to Amend/Correct 23SEALED ORDER (Expedited) filed by North Dakota, State of, Religious Sisters of Mercy, The, SMP Health System, Sacred Heart Mercy Health Care, Sacred Heart Mercy Health Care Center, University of Mary. (Attachments: # 1 Exhibit A – Public Notice of Preliminary Injunction)(Goodrich, Luke) Modified on 1/23/2017 to add description to exhibit. (rh) (Entered: 01/20/2017) |
| 01/23/2017 | DOCKET CORRECTION re: 34 Response to Motion. Clerk’s office added description to exhibit. (rh) (Entered: 01/23/2017) | |
| 01/23/2017 | 35 | *RESTRICTED – WRONG DOCUMENT ATTACHED* ORDER by Chief Judge Daniel L. Hovland granting 26 Motion to Amend/Correct (MM) Modified on 1/23/2017 to restrict access(cjs). (Entered: 01/23/2017) |
| 01/23/2017 | DOCKET CORRECTION re: 35 Order. Wrong document attached. Clerk’s office restricted access to document. (cjs) (Entered: 01/23/2017) | |
| 01/23/2017 | 36 | ORDER by Chief Judge Daniel L. Hovland granting 26 Motion to Amend/Correct (MM) (Entered: 01/23/2017) |
| 01/23/2017 | 37 | ORDER for Consolidation of Cases by Chief Judge Daniel L. Hovland.(MM) (Entered: 01/23/2017) |
| 02/13/2017 | 38 | NOTICE of Appearance by Mark L. Rienzi on behalf of Religious Sisters of Mercy, The, SMP Health System, Sacred Heart Mercy Health Care, Sacred Heart Mercy Health Care Center, University of Mary (Rienzi, Mark) (Entered: 02/13/2017) |
| 02/13/2017 | 39 | NOTICE of Appearance by Stephanie H. Barclay on behalf of Religious Sisters of Mercy, The, SMP Health System, Sacred Heart Mercy Health Care, Sacred Heart Mercy Health Care Center, University of Mary (Barclay, Stephanie) (Entered: 02/13/2017) |
| 03/01/2017 | 40 | MOTION for Extension of Time to File Answer or Other Response to the Operative Catholic Benefits Association Complaint (Unopposed) by Sylvia Burwell, United States Department of Health and Human Services, United States Equal Employment Opportunity Commission, Jenny R. Yang. (Grogg, Adam) (Entered: 03/01/2017) |
| 03/02/2017 | 41 | (Text Only) ORDER by Magistrate Judge Alice R. Senechal granting unopposed 40 Motion for Extension of Time to Answer or Otherwise Respond. Answers or Other Responses are due by 6/5/2017. (LS) (Entered: 03/02/2017) |
| 03/28/2017 | 42 | MOTION to Amend/Correct Verified Complaint by Catholic Benefits Association. (Attachments: # 1 Amended Verified Complaint, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F)(Kniffin, Eric) (Entered: 03/28/2017) |
| 03/29/2017 | 43 | (Text Only) ORDER by Magistrate Judge Alice R. Senechal granting unopposed 42 Motion to Amend Verified Complaint. The Clerk is directed to file the Amended Verified Complaint. (AS) (Entered: 03/29/2017) |
| 03/29/2017 | 44 | AMENDED COMPLAINT against Victoria Lipnic, Thomas E. Price, United States Department of Health and Human Services, United States Equal Employment Opportunity Commission filed by Catholic Benefits Association, Catholic Charities North Dakota, Catholic Medical Association, Diocese of Fargo.(as) (Additional attachment(s) added on 4/5/2017: # 1 Exhibit A – Amended and Restated Certificate of incorporation, # 2 Exhibit B – Second Amended and Restated Bylaws, # 4 Exhibit C – Nonprofit Application for Membership, # 5 Exhibit D – For Profit Application for Membership, # 6 Exhibit E – Gender Dysphoria Rider, # 7Exhibit F – Treatment of Gender Dysphoria) (as). (Entered: 03/30/2017) |
| 05/26/2017 | 45 | MOTION to Remand, MOTION to Stay by Victoria Lipnic, Thomas E. Price, United States Department of Health and Human Services, United States Equal Employment Opportunity Commission. (Grogg, Adam) Modified on 5/30/2017 to remove terminated filers (cjs). Modified on 6/2/2017 to correct text. (rm) Modified on 8/24/2017 (cjs). (Entered: 05/26/2017) |
| 05/30/2017 | 46 | MOTION to Stay re 45 MOTION to Remand, MOTION to Stay CBA Plaintiffs’ Motion for Additional Stay by Catholic Benefits Association, Catholic Charities North Dakota, Catholic Medical Association, Diocese of Fargo. (Kniffin, Eric) Modified on 8/24/2017 (cjs). (Entered: 05/30/2017) |
| 05/30/2017 | DOCKET CORRECTION re: 45 Motion to Remand/Stay. Modified entry to remove terminated filers. (cjs) (Entered: 05/30/2017) | |
| 06/01/2017 | 47 | MOTION for Extension of Time to File Answer re 44 Amended Complaint (Consent) by Victoria Lipnic, Thomas E. Price, United States Department of Health and Human Services, and United States Equal Employment Opportunity Commission. (Grogg, Adam) Modified on 6/2/2017 to remove terminated filers (Sylvia Burwell and Jenny R. Yang). (js) (Entered: 06/01/2017) |
| 06/02/2017 | 48 | RESPONSE to Motion re 47 MOTION for Extension of Time to File Answer re 44 Amended Complaint,, (Consent) filed by Catholic Benefits Association, Catholic Charities North Dakota, Catholic Medical Association, Diocese of Fargo. (Kniffin, Eric) (Entered: 06/02/2017) |
| 06/02/2017 | DOCKET CORRECTION re: 47 MOTION for Extension of Time to File Answer. Modified entry to remove terminated filers (Sylvia Burwell and Jenny R. Yang). (js) (Entered: 06/02/2017) | |
| 06/07/2017 | 49 | ORDER by Magistrate Judge Alice R. Senechal granting 47 Motion for Extension of Time to File Answer. (LS) (Entered: 06/07/2017) |
| 06/09/2017 | 50 | RESPONSE to Motion re 45 MOTION to Remand to United States Department of Health and Human Services MOTION to Stay filed by North Dakota, State of, Religious Sisters of Mercy, The, SMP Health System, Sacred Heart Mercy Health Care, Sacred Heart Mercy Health Care Center, University of Mary. (Goodrich, Luke) (Entered: 06/09/2017) |
| 06/13/2017 | 51 | RESPONSE to Motion re 46 MOTION to Stay re 45 MOTION to Remand to United States Department of Health and Human Services MOTION to Stay CBA Plaintiffs’ Motion for Additional Stay filed by Victoria Lipnic, United States Equal Employment Opportunity Commission. (Grogg, Adam) (Entered: 06/13/2017) |
| 06/20/2017 | 52 | REPLY to Response to Motion re 46 MOTION to Stay re 45 MOTION to Remand to United States Department of Health and Human Services MOTION to Stay CBA Plaintiffs’ Motion for Additional Stay filed by Catholic Benefits Association, Catholic Charities North Dakota, Catholic Medical Association, Diocese of Fargo. (Kniffin, Eric) (Entered: 06/20/2017) |
| 07/12/2017 | 53 | NOTICE by Victoria Lipnic, Thomas E. Price, United States Department of Health and Human Services, United States Equal Employment Opportunity Commission re 45 MOTION to Remand to United States Department of Health and Human Services MOTION to Stay (Supplemental Authority) (Attachments: # 1 Exhibit Franciscan Alliance Order)(Grogg, Adam) (Entered: 07/12/2017) |
| 08/16/2017 | 54 | MOTION to Withdraw as Attorney by Adam Grogg on behalf of Victoria Lipnic, Thomas E. Price, United States Department of Health and Human Services, United States Equal Employment Opportunity Commission (Grogg, Adam) Modified on 8/17/2017 to correct event type. NEF Regenerated. (as) (Entered: 08/16/2017) |
| 08/17/2017 | 55 | (Text Only) ORDER by Magistrate Judge Alice R. Senechal granting 54 Motion to Withdraw as Attorney. Attorney Adam Grogg terminated. (LS) (Entered: 08/17/2017) |
| 08/24/2017 | 56 | ORDER by Chief Judge Daniel L. Hovland granting 45 Motion to Stay and Denying Motion for Remand. (MM) (Main Document 56 replaced on 8/24/2017 to correct motion number) (cjs). Regenerated NEF on 8/24/2017 (cjs). Modified on 8/24/2017 to correct link (cjs). (Entered: 08/24/2017) |
| 08/24/2017 | DOCKET CORRECTION re: 56 Order. Clerk’s office linked to correct document. (cjs) (Entered: 08/24/2017) | |
| 11/22/2017 | 57 | STATUS REPORT by Sylvia Burwell, Victoria Lipnic, Thomas E. Price, United States Department of Health and Human Services, United States Equal Employment Opportunity Commission, Jenny R. Yang. (Nestler, Emily) (Entered: 11/22/2017) |
| 02/20/2018 | 58 | STATUS REPORT by Sylvia Burwell, Victoria Lipnic, Thomas E. Price, United States Department of Health and Human Services, United States Equal Employment Opportunity Commission, Jenny R. Yang. (Nestler, Emily) (Entered: 02/20/2018) |
| 02/23/2018 | 59 | BRIEF re 58 Status Report Plaintiffs’ Response to Defendants’ Status Report by Catholic Benefits Association. (Kniffin, Eric) (Entered: 02/23/2018) |
| 05/21/2018 | 60 | NOTICE of Appearance by Tara V. Iversen on behalf of Thomas E. Price, United States Department of Health and Human Services, United States Equal Employment Opportunity Commission, Victoria Lipnic (Iversen, Tara) Modified on 5/22/2018 to add filers.(cjs). (Entered: 05/21/2018) |
| 05/21/2018 | 61 | STATUS REPORT by Thomas E. Price, United States Department of Health and Human Services, Victoria Lipnic, United States Equal Employment Opportunity Commission. (Iversen, Tara) Modified on 5/22/2018 to add filers (cjs). (Entered: 05/21/2018) |
| 05/22/2018 | DOCKET CORRECTION re: 60 Notice of Appearance 61 Status Report. Modified entry to add filers (United States Equal Employment Opportunity Commission, Victoria Lipnic). (cjs) (Entered: 05/22/2018) | |
| 07/20/2018 | 62 | STATUS REPORT by Victoria Lipnic, Thomas E. Price, United States Department of Health and Human Services, United States Equal Employment Opportunity Commission. (Iversen, Tara) (Entered: 07/20/2018) |
| 07/23/2018 | 63 | ORDER by Magistrate Judge Alice R. Senechal directing the Clerk to amend the caption. (AS) (Entered: 07/23/2018) |
| 10/18/2018 | 64 | STATUS REPORT by Alex M. Azar, II, Thomas E. Price, United States Department of Health and Human Services, United States Equal Employment Opportunity Commission. (Martin, Rhett) (Entered: 10/18/2018) |
| 12/17/2018 | 65 | MOTION to Withdraw as Attorney by Catholic Benefits Association, Catholic Charities North Dakota, Catholic Medical Association, Diocese of Fargo. (Kniffin, Eric) (Entered: 12/17/2018) |
| 12/18/2018 | 66 | (Text Only) ORDER by Magistrate Judge Alice R. Senechal granting 65 Motion to Withdraw as Attorney. Attorney Eric N. Kniffin terminated. (CS) (Entered: 12/18/2018) |
| 01/15/2019 | 67 | MOTION to Stay Case by Alex M. Azar, II, Victoria Lipnic, United States Department of Health and Human Services, United States Equal Employment Opportunity Commission. (Martin, Rhett) (Entered: 01/15/2019) |
| 01/16/2019 | 68 | (Text Only) ORDER by Magistrate Judge Alice R. Senechal finding as moot the 67 Motion to Stay the Case because it is already stayed pursuant to the court’s August 24, 2017 56 Order Staying Case; granting the unopposed 67 Motion for extension of the deadline for the United States Equal Employment Opportunity Commission and the United States Department of Health and Human Services to submit a status report. The EEOC and the DHS shall have an additional thirty days, or until February 19, 2019, to file a status report. In the event that no resumption of appropriation occurs prior to the February 19, 2019 deadline, the court will reconsider that deadline. (AS) (Entered: 01/16/2019) |
| 01/16/2019 | Set/Reset Deadlines: Status Report due by 2/19/2019. (js) (Entered: 01/16/2019) | |
| 01/28/2019 | 69 | NOTICE by Alex M. Azar, II, United States Department of Health and Human Services, United States Equal Employment Opportunity Commission of Restoration of Appropriations (Martin, Rhett) (Entered: 01/28/2019) |
| 02/19/2019 | 70 | STATUS REPORT by Alex M. Azar, II, United States Department of Health and Human Services, United States Equal Employment Opportunity Commission. (Martin, Rhett) (Entered: 02/19/2019) |
| 05/31/2019 | 71 | STATUS REPORT by Alex M. Azar, II, United States Department of Health and Human Services, United States Equal Employment Opportunity Commission. (Attachments: # 1 Proposed Regulation on Section 1557)(Martin, Rhett) Modified on 6/3/2019 to remove filer Thomas E. Price (am). (Entered: 05/31/2019) |
| 06/03/2019 | DOCKET CORRECTION re: 71 STATUS REPORT. Clerk’s office added description to attachment and removed incorrect filer Thomas E. Price. (am) (Entered: 06/03/2019) | |
| 08/09/2019 | 72 | (Text Only) ORDER REASSIGNING CASE by Chief Judge Daniel L. Hovland to Judge Peter D. Welte, as presiding judge, for all further proceedings. Chief Judge Daniel L. Hovland no longer assigned to the case. (kmk) (Entered: 08/09/2019) |
| 09/10/2019 | 73 | NOTICE of Substitution of Attorney by Courtney A. Bowie on behalf of American Civil Liberties Union (Bowie, Courtney) (Entered: 09/10/2019) |
| 09/11/2019 | 74 | MOTION to Appear Pro Hac Vice Attorney Daniel S. Korobkin (Filing fee $150, receipt number 119001426) by American Civil Liberties Union. (Korobkin, Daniel) Modified on 9/11/2019 to add receipt number (cjs). (Entered: 09/11/2019) |
| 09/11/2019 | 75 | (Text Only) ORDER by Magistrate Judge Alice R. Senechal granting 74 Motion to Appear Pro Hac Vice for Attorney Daniel S. Korobkin. (cjs) (Entered: 09/11/2019) |
| 10/04/2019 | 76 | STATUS REPORT by Alex M. Azar, II, United States Department of Health and Human Services, United States Equal Employment Opportunity Commission. (Humphreys, Bradley) (Entered: 10/04/2019) |
| 10/09/2019 | 77 | (Text Only) ORDER by Magistrate Judge Alice R. Senechal. Pursuant to the court’s 56 Order, HHS and EEOC shall file status reports every ninety (90) days. The next status report is due by 01/02/2020. (CS) (Entered: 10/09/2019) |
| 10/09/2019 | Set/Reset Deadlines: Status Report due by 1/2/2020. (pb) (Entered: 10/09/2019) | |
| 01/02/2020 | 78 | STATUS REPORT by Alex M. Azar, II, Sylvia Burwell, Victoria Lipnic, Thomas E. Price, United States Department of Health and Human Services, United States Equal Employment Opportunity Commission, Jenny R. Yang. (Attachments: # 1 Exhibit A – Franciscan Alliance, Inc. v. Azar, No. 16-cv-108-O, Order, ECF No. 182 (N.D. Tex. Nov. 21, 2019)(Humphreys, Bradley) Modified on 1/3/2020 to add exhibit description. (rh) (Entered: 01/02/2020) |
| 01/03/2020 | DOCKET CORRECTION re: 78 Status Report. Clerk’s office added description to exhibit. (rh) (Entered: 01/03/2020) | |
| 01/06/2020 | 79 | (Text Only) STATUS REPORT ORDER by Magistrate Judge Alice R. Senechal. Pursuant to the court’s 56 Order, HHS and EEOC shall file status reports every ninety (90) days. The next Status Report is due by 4/3/2020. (AS) (Entered: 01/06/2020) |
| 03/05/2020 | 80 | NOTICE of Change of Address by Ian S. Speir (Speir, Ian) (Entered: 03/05/2020) |
| 04/03/2020 | 81 | STATUS REPORT by Alex M. Azar, II, Sylvia Burwell, Victoria Lipnic, Thomas E. Price, United States Department of Health and Human Services, United States Equal Employment Opportunity Commission, Jenny R. Yang. (Humphreys, Bradley) (Entered: 04/03/2020) |
| 04/06/2020 | 82 | (Text Only) STATUS REPORT ORDER by Magistrate Judge Alice R. Senechal. Pursuant to the court’s 56 Order, HHS and EEOC shall file status reports every ninety (90) days. The next status report is due by 07/06/2020. (AS) (Entered: 04/06/2020) |
| 07/06/2020 | 83 | STATUS REPORT by Alex M. Azar, II, Victoria Lipnic, United States Department of Health and Human Services, United States Equal Employment Opportunity Commission. (Humphreys, Bradley) Modified on 7/7/2020 to remove filers (am). (Entered: 07/06/2020) |
| 07/07/2020 | 84 | (Text Only) STATUS REPORT ORDER by Magistrate Judge Alice R. Senechal.Pursuant to the court’s 56 Order, HHS and EEOC shall file status reports every 90 days. Counsel have requested and the court orders that the next status report be filed by 8/5/2020. (LF) (Entered: 07/07/2020) |
| 07/07/2020 | Set/Reset Deadlines: Status Report due by 8/5/2020. (pb) (Entered: 07/07/2020) | |
| 07/07/2020 | DOCKET CORRECTION re: 83 STATUS REPORT. Clerk’s office removed terminated filers Sylvia Burwell, Thomas E. Price, and Jenny R. Yang. (am) (Entered: 07/07/2020) | |
| 08/05/2020 | 85 | STATUS REPORT by Catholic Benefits Association, Catholic Charities North Dakota, Catholic Medical Association, Diocese of Fargo. (Speir, Ian) (Entered: 08/05/2020) |
| 08/05/2020 | 86 | STATUS REPORT by Alex M. Azar, II, Victoria Lipnic, United States Department of Health and Human Services, United States Equal Employment Opportunity Commission. (Humphreys, Bradley) Modified to remove terminated filers (Sylvia Burwell, Thomas E. Price, & Jenny R. Yang) on 8/6/2020 (pb). (Entered: 08/05/2020) |
| 08/06/2020 | 87 | (Text Only) STATUS REPORT ORDER by Magistrate Judge Alice R. Senechal. Pursuant to the parties’ requests in their August 5, 2020 Status Reports, the parties shall filed status reports by October 5, 2020, or upon significant legal developments affecting the case, whichever occurs first. (AS) (Entered: 08/06/2020) |
| 08/06/2020 | DOCKET CORRECTION re: 86 STATUS REPORT. Modified entry to remove terminated filers (Sylvia Burwell, Thomas E. Price, & Jenny R. Yang). (pb) (Entered: 08/06/2020) | |
| 10/05/2020 | 88 | STATUS REPORT by Alex M. Azar, II, Victoria Lipnic, United States Department of Health and Human Services, United States Equal Employment Opportunity Commission. (Humphreys, Bradley) Modified to remove terminated filers and add filers on 10/19/2020 (pb). (Entered: 10/05/2020) |
| 10/05/2020 | 89 | STATUS REPORT by Catholic Benefits Association, Catholic Charities North Dakota, Catholic Medical Association, Diocese of Fargo. (Speir, Ian) (Entered: 10/05/2020) |
| 10/05/2020 | 90 | STATUS REPORT by North Dakota, State of, Religious Sisters of Mercy, The, SMP Health System, Sacred Heart Mercy Health Care, Sacred Heart Mercy Health Care Center, University of Mary. (Goodrich, Luke) (Entered: 10/05/2020) |
| 10/06/2020 | 91 | (Text Only) STATUS REPORT ORDER by Magistrate Judge Alice R. Senechal. Plaintiffs’ request to submit a status report within sixty days and for permission to file a motion or other document during that time, apprising the court of their views on whether and how this case should proceed, is GRANTED. If plaintiffs file a motion or other document, defendants may file a response as permitted under the local rules. The parties shall file status reports by 12/4/2020. (AS) (Entered: 10/06/2020) |
| 10/19/2020 | DOCKET CORRECTION re: 88 STATUS REPORT. Modified entry to remove terminated filers (Sylvia Burwell and Thomas E. Price) and added filers (Victoria Lipnic and United States Equal Employment Opportunity Commission). (pb) (Entered: 10/19/2020) | |
| 11/06/2020 | 92 | MOTION to Lift Stay (Unopposed) by Catholic Benefits Association, Catholic Charities North Dakota, Catholic Medical Association, Diocese of Fargo, North Dakota, State of, Religious Sisters of Mercy, The, SMP Health System, Sacred Heart Mercy Health Care, Sacred Heart Mercy Health Care Center, University of Mary. (Goodrich, Luke) (Entered: 11/06/2020) |
| 11/09/2020 | 93 | (Text Only) ORDER by Magistrate Judge Alice R. Senechal granting unopposed 92 Motion to Lift Stay. Plaintiffs’ amended complaint is due by 11/23/2020. Defendants’ answer or other response is due by 12/23/2020. (AS) (Entered: 11/09/2020) |
| 11/09/2020 | 94 | NOTICE of Hearing: Status Conference set for 1/5/2021 at 09:00 AM by telephone before Magistrate Judge Alice R. Senechal. Plaintiffs shall initiate the call. The telephone number for chambers is 701-297-7070. (AS) (Entered: 11/09/2020) |
| 11/23/2020 | 95 | AMENDED COMPLAINT against All Defendants filed by Sacred Heart Mercy Health Care, North Dakota, State of, SMP Health System, University of Mary, Religious Sisters of Mercy, The, Sacred Heart Mercy Health Care Center.(Goodrich, Luke) (Entered: 11/23/2020) |
| 11/23/2020 | 96 | MOTION for Partial Summary Judgment (Partial) or, in the alternative, Preliminary Injunction by North Dakota, State of, Religious Sisters of Mercy, The, SMP Health System, Sacred Heart Mercy Health Care, Sacred Heart Mercy Health Care Center, University of Mary. (Attachments: # 1 Memorandum in Support, # 2Exhibit A – Declaration of Sister Mary Judith O’Brien, # 3 Exhibit B – Declaration of Sister Suzanne Stahl, # 4 Exhibit C – Declaration of Monsignor James Patrick Shea, # 5 Exhibit D – Declaration of Sister Edith Mary Hart R.S.M., D.O., # 6 Exhibit E – Declaration of Dr. Richard Twanow, M.D., *RESTRICTED – SHOULD HAVE BEEN FILED AS SEPARATE ATTACHMENTS TO EXHIBIT* # 7Exhibit F – Declaration of Luke Goodrich, # 8 Exhibit G – Declaration of Caprice Knapp, # 9 Proposed Order)(Goodrich, Luke) Modified on 11/24/2020 to add descriptions to exhibits and corrected motion relief. (mf). (Entered: 11/23/2020) |
| 11/23/2020 | 97 | AMENDED COMPLAINT (Second) against All Defendants filed by Catholic Benefits Association, Catholic Charities North Dakota, Catholic Medical Association, Diocese of Fargo. (Attachments: # 1Exhibit A – CBA Certificate of Incorporation, # 2 Exhibit B – CBA Bylaws, # 3 Exhibit C – CBA Nonprofit Membership Application, # 4 Exhibit D – CBA For-Profit Membership Application, # 5 Exhibit E – UHC Gender Dysphoria Rider, # 6 Exhibit E – BCBS Gender Dysphoria Policy, # 7 Exhibit F – EEOC Statement (previous page))(Speir, Ian) Modified on 11/24/2020 to add Exhibit Letters (mf). (Entered: 11/23/2020) |
| 11/23/2020 | 98 | MOTION for Partial Summary Judgment on RFRA Claims by Catholic Benefits Association, Catholic Charities North Dakota, Catholic Medical Association, Diocese of Fargo. (Speir, Ian) (Entered: 11/23/2020) |
| 11/23/2020 | 99 | *RESTRICTED – WRONG EVENT SELECTED* MOTION for Partial Summary Judgment (Memorandum in Support) by Catholic Benefits Association, Catholic Charities North Dakota, Catholic Medical Association, Diocese of Fargo. (Speir, Ian) Modified on 11/24/2020 to restrict access (lf). (Entered: 11/23/2020) |
| 11/23/2020 | 100 | MOTION for Hearing by North Dakota, State of, Religious Sisters of Mercy, The, SMP Health System, Sacred Heart Mercy Health Care, Sacred Heart Mercy Health Care Center, University of Mary. See document 96 . (mf) (Entered: 11/24/2020) |
| 11/23/2020 | 101 | MOTION for Preliminary Injunction by North Dakota, State of, Religious Sisters of Mercy, The, SMP Health System, Sacred Heart Mercy Health Care, Sacred Heart Mercy Health Care Center, University of Mary. See document 96 . (mf) (Entered: 11/24/2020) |
| 11/23/2020 | 102 | MOTION for Hearing by Catholic Benefits Association, Catholic Charities North Dakota, Catholic Medical Association, Diocese of Fargo. See document 98 . (mf) (Entered: 11/24/2020) |
| 11/23/2020 | 103 | MOTION for Permanent Injunction by Catholic Benefits Association, Catholic Charities North Dakota, Catholic Medical Association, Diocese of Fargo. See document 98 . (mf) (Entered: 11/24/2020) |
| 11/23/2020 | 104 | MEMORANDUM in Support re 98 MOTION for Partial Summary Judgment on RFRA Claims filed by Catholic Benefits Association, Catholic Charities North Dakota, Catholic Medical Association, Diocese of Fargo. (lf) (Entered: 11/24/2020) |
| 11/23/2020 | 105 | MOTION for Declaratory Judgment by Catholic Benefits Association, Catholic Charities North Dakota, Catholic Medical Association, Diocese of Fargo. See document 98 . (mf) (Entered: 11/24/2020) |
| 11/24/2020 | DOCKET CORRECTION re: 99 Motion for Partial Summary Judgment. Wrong event selected. Clerk’s office restricted and refiled as a Memorandum in Support at 104 . (lf) (Entered: 11/24/2020) | |
| 11/24/2020 | 106 | (Text Only) ORDER by Chief Judge Peter D. Welte finding as moot 46 Motion to Stay; finding as moot 5 Motion for Preliminary Injunction in light of Amended Complaints. (MK) (Entered: 11/24/2020) |
| 11/24/2020 | 107 | E-Filing Modification Request re 96 MOTION for Partial Summary Judgment. (mf) (Entered: 11/24/2020) |
| 11/24/2020 | DOCKET CORRECTION re: 96 Motion for Summary Judgment. Corrected motion relief from Motion for Summary Judgment to Motion for Partial Summary Judgment. Clerks office added descriptions to exhibits. Multiple relief document filed as one relief. Clerks Office filed Motion for Hearing at 100 and Motion for Preliminary Injunction at 101 . DOCKET CORRECTION re: 97Amended Complaint. Clerks Office added Exhibit Letters. DOCKET CORRECTION re: 98 Motion for Partial Summary Judgment. Multiple relief document filed as on relief. Clerks office filed Motion for Hearing at 102 , Motion for Permanent Injunction at 103 and Motion for Declaratory Judgment at 105 . (mf) (Entered: 11/24/2020) | |
| 12/10/2020 | 108 | MOTION for Extension of Time to File Response/Reply as to 96MOTION for Partial Summary Judgment, 98 MOTION for Partial Summary Judgment on RFRA Claims by Alex M. Azar, II, Thomas E. Price, United States Department of Health and Human Services. (Attachments: # 1 Proposed Order)(Humphreys, Bradley) (Entered: 12/10/2020) |
| 12/11/2020 | 109 | RESPONSE to Motion re 108 MOTION for Extension of Time to File Response/Reply as to 96 MOTION for Partial Summary Judgment, 98 MOTION for Partial Summary Judgment on RFRA Claims filed by Catholic Benefits Association, Catholic Charities North Dakota, Catholic Medical Association, Diocese of Fargo, North Dakota, State of, Religious Sisters of Mercy, The, SMP Health System, Sacred Heart Mercy Health Care, University of Mary. (Goodrich, Luke) (Entered: 12/11/2020) |
| 12/14/2020 | 110 | (Text Only) ORDER by Magistrate Judge Alice R. Senechal granting 108 Motion for Extension of Time to File Response re 98 MOTION for Partial Summary Judgment. Response due by 12/23/2020. (AKS) (Entered: 12/14/2020) |
| 12/23/2020 | 111 | RESPONSE to Motion re 103 MOTION for Permanent Injunction, 105 MOTION for Declaratory Judgment, 96 MOTION for Partial Summary Judgment, 98 MOTION for Partial Summary Judgment on RFRA Claims, 101 MOTION for Preliminary Injunction filed by Alex M. Azar, II, United States Department of Health and Human Services, United States Equal Employment Opportunity Commission. (Humphreys, Bradley) (Entered: 12/23/2020) |
| 12/23/2020 | 112 | MOTION to Dismiss for Lack of Jurisdiction by Alex M. Azar, II, United States Department of Health and Human Services, United States Equal Employment Opportunity Commission. (Humphreys, Bradley) (Entered: 12/23/2020) |
| 12/23/2020 | 113 | MEMORANDUM in Support re 112 MOTION to Dismiss for Lack of Jurisdiction filed by Alex M. Azar, II, United States Department of Health and Human Services, United States Equal Employment Opportunity Commission. (Humphreys, Bradley) (Entered: 12/23/2020) |
| 01/04/2021 | 114 | (Text Only) ORDER by Chief Judge Peter D. Welte granting 100 and 102 Motions for Hearing. Motion Hearing set for 1/14/2021 at 01:00 PM by telephone before Chief Judge Peter D. Welte. Conference call information provided to parties via email. (MK) (Entered: 01/04/2021) |
| 01/05/2021 | 115 | Minute Entry for proceedings held before Magistrate Judge Alice R. Senechal: Status Conference held on 1/5/2021. (lc) (Entered: 01/05/2021) |
| 01/06/2021 | 116 | REPLY to Response to Motion re 96 MOTION for Partial Summary Judgment, 101 MOTION for Preliminary Injunction filed by North Dakota, State of, Religious Sisters of Mercy, The, SMP Health System, Sacred Heart Mercy Health Care, University of Mary. (Goodrich, Luke) (Entered: 01/06/2021) |
| 01/06/2021 | 117 | RESPONSE to Motion re 112 MOTION to Dismiss for Lack of Jurisdiction filed by North Dakota, State of, Religious Sisters of Mercy, The, SMP Health System, Sacred Heart Mercy Health Care, University of Mary. (Goodrich, Luke) (Entered: 01/06/2021) |
| 01/06/2021 | 118 | REPLY to Response to Motion re 103 MOTION for Permanent Injunction, 105 MOTION for Declaratory Judgment, 98 MOTION for Partial Summary Judgment on RFRA Claims filed by Catholic Benefits Association, Catholic Charities North Dakota, Catholic Medical Association, Diocese of Fargo. (Speir, Ian) (Entered: 01/06/2021) |
| 01/06/2021 | 119 | RESPONSE to Motion re 112 MOTION to Dismiss for Lack of Jurisdiction filed by Catholic Benefits Association, Catholic Charities North Dakota, Catholic Medical Association, Diocese of Fargo. (Speir, Ian) (Entered: 01/06/2021) |
| 01/11/2021 | 120 | SUPPLEMENT Exhibit F – Declaration of Luke Goodrich to document: 96 MOTION for Partial Summary Judgment by North Dakota, State of, Religious Sisters of Mercy, The, SMP Health System, Sacred Heart Mercy Health Care, Sacred Heart Mercy Health Care Center, University of Mary. (Attachments: # 1 Exhibit F-1 (SHMHCC Webpage), # 2 Exhibit F-2 (SMPHS Webpage), # 3Exhibit F-3 (TransHealth Webpage), # 4 Exhibit F-4 (The Health of LGBT People), # 5 Exhibit F-5 (Regnerus Article), # 6 Exhibit F-6 (NHS Webpage), # 7 Exhibit F-7 (Kirkup Article), # 8 Exhibit F-8 (DOD Report), # 9 Exhibit F-9 (TRICARE Policy Manual), # 10Exhibit F-10 (Biden Plan Webpage))(Goodrich, Luke) (Entered: 01/11/2021) |
| 01/12/2021 | 121 | NOTICE of Appearance by Joseph Davis on behalf of Religious Sisters of Mercy, The, SMP Health System, Sacred Heart Mercy Health Care Center, University of Mary (Davis, Joseph) (Entered: 01/12/2021) |
| 01/12/2021 | 122 | NOTICE of Appearance by Daniel Chen on behalf of Religious Sisters of Mercy, The, SMP Health System, Sacred Heart Mercy Health Care Center, University of Mary (Chen, Daniel) (Entered: 01/12/2021) |
| 01/14/2021 | 123 | Minute Entry for proceedings held before Chief Judge Peter D. Welte: Motion Hearing held on 1/14/2021 re 96 MOTION for Partial Summary Judgment filed by Sacred Heart Mercy Health Care, University of Mary, SMP Health System, North Dakota, State of, Religious Sisters of Mercy, The, Sacred Heart Mercy Health Care Center, 98 MOTION for Partial Summary Judgment on RFRA Claims filed by Catholic Charities North Dakota, Diocese of Fargo, Catholic Medical Association, Catholic Benefits Association. (Court Reporter kk) (lh) (Entered: 01/14/2021) |
| 01/19/2021 | 124 | MEMORANDUM AND ORDER by Chief Judge Peter D. Welte granting in part and denying in part 96 Motion for Partial Summary Judgment and Injunctive Relief; granting in part and denying in part 98 Motion for Partial Summary Judgment and Injunctive Relief; granting in part and denying in part 112 Motion to Dismiss for Lack of Jurisdiction. (MK) (Entered: 01/19/2021) |
| 02/01/2021 | 125 | MOTION for Extension of Time to File Answer re 97 Amended Complaint, 95 Amended Complaint by Alex M. Azar, II, Victoria Lipnic, United States Department of Health and Human Services, United States Equal Employment Opportunity Commission. (Humphreys, Bradley) Modified on 2/2/2021 to remove terminated filers. (js) (Entered: 02/01/2021) |
| 02/02/2021 | 126 | (Text Only) ORDER by Magistrate Judge Alice R. Senechal granting 125 Unopposed Motion for Extension of Time to Answer. Defendants’ Answer to the Amended Complaints is due by 3/4/2021. (AKS) (Entered: 02/02/2021) |
| 02/02/2021 | DOCKET CORRECTION re: 125 MOTION for Extension of Time to File Answer. Modified entry to removed terminated filers: Sylvia Burwell, Thomas E. Price, and Jenny R. Yang. (js) (Entered: 02/02/2021) | |
| 02/05/2021 | 127 | NOTICE of Hearing: Status Conference set for 2/22/2021 at 11:30 AM by telephone before Chief Judge Peter D. Welte. Conference call information provided to parties via email. (MK) (Entered: 02/05/2021) |
| 02/09/2021 | 128 | MOTION to Withdraw as Attorney for Plaintiffs by Religious Sisters of Mercy, The, SMP Health System, Sacred Heart Mercy Health Care, Sacred Heart Mercy Health Care Center, University of Mary. (Barclay, Stephanie) (Entered: 02/09/2021) |
| 02/10/2021 | 129 | (Text Only) ORDER by Magistrate Judge Alice R. Senechal granting the 128 Motion to Withdraw as Attorney. Attorney Stephanie H. Barclay’s representation is terminated. (AKS) (Entered: 02/10/2021) |
| 02/16/2021 | 130 | MOTION for Reconsideration re 124 Order on Motion for Partial Summary Judgment,,,, Order on Motion for Preliminary Injunction,, Order on Motion for Permanent Injunction,, Order on Motion for Declaratory Judgment,, Order on Motion to Dismiss/Lack of Jurisdiction, by Alex M. Azar, II, Victoria Lipnic, United States Department of Health and Human Services, United States Equal Employment Opportunity Commission. (Attachments: # 1 Proposed Order)(Humphreys, Bradley) Modified on 2/17/2021 to clarify the attachment description. (sj). (Entered: 02/16/2021) |
| 02/17/2021 | DOCKET CORRECTION re: 130 MOTION. Clerk’s office clarified the attachment description. (sj) (Entered: 02/17/2021) | |
| 02/18/2021 | 131 | NOTICE by Catholic Benefits Association, Catholic Charities North Dakota, Catholic Medical Association, Diocese of Fargo, North Dakota, State of, Religious Sisters of Mercy, The, SMP Health System, Sacred Heart Mercy Health Care Center, University of Mary of Voluntary Dismissal of Remaining Claims (Goodrich, Luke) (Entered: 02/18/2021) |
| 02/18/2021 | 132 | MOTION Unopposed Motion for Entry of Final Judgment and Extension of Time to File for Fees and Costs by Catholic Benefits Association, Catholic Charities North Dakota, Catholic Medical Association, Diocese of Fargo, North Dakota, State of, Religious Sisters of Mercy, The, SMP Health System, Sacred Heart Mercy Health Care Center, University of Mary. (Attachments: # 1 Proposed Final Judgment)(Goodrich, Luke) (Entered: 02/18/2021) |
| 02/19/2021 | 133 | ORDER by Chief Judge Peter D. Welte granting 132 Unopposed Motion for Entry of Final Judgment and Extension of Time to File for Fees and Costs. (MK) (Entered: 02/19/2021) |
| 02/19/2021 | 134 | (Text Only) ORDER by Chief Judge Peter D. Welte finding as moot 130 Motion for Reconsideration re 124 Memorandum and Order. (MK) (Entered: 02/19/2021) |
| 02/19/2021 | Deadlines and Hearings Terminated. Status Conference set for 2/22/2021 at 11:30 AM by telephone before Chief Judge Peter D. Welte is CANCELLED. (MK) (Entered: 02/19/2021) | |
| 02/19/2021 | 135 | CLERK’S JUDGMENT. (pb) (Entered: 02/19/2021) |
| 04/20/2021 | 136 | NOTICE OF APPEAL as to 135 Clerk’s Judgment, 124 Order on Motion for Partial Summary Judgment,,,, Order on Motion for Preliminary Injunction,, Order on Motion for Permanent Injunction,, Order on Motion for Declaratory Judgment,, Order on Motion to Dismiss/Lack of Jurisdiction, 133 Order on Motion for Miscellaneous Relief by Alex M. Azar, II, Victoria Lipnic, United States Department of Health and Human Services, United States Equal Employment Opportunity Commission. (Humphreys, Bradley) (Entered: 04/20/2021) |
| 04/20/2021 | 137 | Transmittal of Notice of Appeal Supplement to 8th Circuit Court of Appeals re 136 Notice of Appeal. (sj) (Entered: 04/20/2021) |
| 04/21/2021 | USCA Case Number 21-1890 for 136 Notice of Appeal. (pb) (Entered: 04/21/2021) | |
| 05/04/2021 | 138 | TRANSCRIPT REQUEST by Alex M. Azar, II, United States Department of Health and Human Services, United States Equal Employment Opportunity Commission for proceedings held on 1/14/2021 before Judge Chief Judge Peter D. Welte (Humphreys, Bradley) (Main Document 138 replaced on 5/5/2021 to remove fillable PDF) Regenerated NEF (mf). (Entered: 05/04/2021) |
| 08/02/2021 | 139 | NOTICE OF FILING OF TRANSCRIPT (Motion) (kk) (Entered: 08/02/2021) |
| 08/02/2021 | 140 | APPEAL TRANSCRIPT (Motion) for dates of January 14, 2021, before Judge Peter D. Welte, re 136 Notice of Appeal. Court Reporter/Transcriber Kelly A. Kroke, Telephone number 701-297-7000. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Request Redaction due 8/9/2021. Redaction Request due 8/23/2021. Redacted Transcript Deadline set for 9/2/2021. Release of Transcript Restriction set for 11/1/2021. (kk) (Entered: 08/02/2021) |
| 12/09/2022 | 141 | USCA JUDGMENT as to 136 Notice of Appeal, filed by United States Department of Health and Human Services, Victoria Lipnic, United States Equal Employment Opportunity Commission, Alex M. Azar, II. Judgment of the district court is affirmed in part and remanded in part to the district court for proceedings consistent with the opinion of this court. (Attachments: # 1 Court of Appeals Opinion)(sc) (Entered: 12/09/2022) |
| 01/06/2023 | 142 | ORDER of USCA as to 136 Notice of Appeal, filed by United States Department of Health and Human Services, Victoria Lipnic, United States Equal Employment Opportunity Commission, and Alex M. Azar, II. The appellees’ motion for attorneys’ fees is remanded to the district court for appropriate hearing and determination of the motion for attorneys’ fees. (sc) (Entered: 01/06/2023) |
| 03/28/2023 | 143 | MANDATE of USCA as to 136 Notice of Appeal, filed by United States Department of Health and Human Services, Victoria Lipnic, United States Equal Employment Opportunity Commission, Alex M. Azar, II (sj) (Entered: 03/28/2023) |
| 04/04/2023 | 144 | NOTICE of Appearance by Andrew Nussbaum on behalf of Catholic Benefits Association, Catholic Charities North Dakota, Catholic Medical Association, Diocese of Fargo (Nussbaum, Andrew) (Entered: 04/04/2023) |
| 05/04/2023 | 145 | MOTION to Clarify Deadline for Filing Petition for Fees and Expenses by Religious Sisters of Mercy, The, SMP Health System, Sacred Heart Mercy Health Care Center, University of Mary. (Attachments: # 1 Proposed Order)(Goodrich, Luke) (Entered: 05/04/2023) |
| 05/05/2023 | 146 | (Text Only) ORDER by Magistrate Judge Alice R. Senechal granting unopposed 145 Motion to Clarify Deadline for Filing Petition for Fees and Expenses. Religious Sisters of Mercy, Sacred Heart Mercy Healthcare Center, SMP Health System, and the University of Mary shall file any motion for attorneys’ fees and expenses within 60 days after the expiration of Defendants’ deadline for seeking certiorari from the Eighth Circuit’s judgment in this case (if there is no certiorari petition) or within 60 days after the final resolution of all appeals or petitions for certiorari (if Defendants do file a certiorari petition). (AS) (Entered: 05/05/2023) |
| 05/05/2023 | 147 | MOTION for Hearing by Catholic Benefits Association, Catholic Charities North Dakota, Catholic Medical Association, Diocese of Fargo. (Attachments: # 1 Proposed Order)(Nussbaum, Andrew) (Entered: 05/05/2023) |
| 06/30/2023 | 148 | (Text Only) ORDER by Chief Judge Peter D. Welte granting 147 Motion for Hearing. The Court will set a telephonic status conference and provide the conference call dial-in information via email. (EA) (Entered: 06/30/2023) |
| 06/30/2023 | 149 | NOTICE of Hearing: Status Conference set for 7/17/2023 at 01:30 PM by telephone before Chief Judge Peter D. Welte. (EA) (Entered: 06/30/2023) |
| 07/17/2023 | 150 | Minute Entry for proceedings held before Chief Judge Peter D. Welte: Status Conference held on 7/17/2023. (Court Reporter kk) (lh) (Entered: 07/17/2023) |
| 07/21/2023 | 151 | *RESTRICTED – WRONG EVENT SELECTED* SUPPLEMENT RESPONSE REGARDING COURT’S AUTHORITY TO RECEIVE EVIDENCE REGARDING CBA’S STANDING by Catholic Benefits Association. (Nussbaum, Andrew) Modified on 7/24/2023 to restrict access. (jb) (Entered: 07/21/2023) |
| 07/21/2023 | 152 | MOTION to Seal Document DECLARATIONS ESTABLISHING ASSOCIATIONAL STANDING by Catholic Benefits Association. (Attachments: # 1 Exhibit 1 – DECLARATION REDACTED, # 2 Exhibit 2 – DECLARATION REDACTED, # 3 Exhibit 3 – DECLARATION REDACTED, # 4 Exhibit 4 – DECLARATION OF DEACON ANTHONY TERNES, # 5 Exhibit 5 – DECLARATION OF DOUG WILSON)(Nussbaum, Andrew) Modified on 7/24/2023 to add exhibit numbers. (jb) (Entered: 07/21/2023) |
| 07/21/2023 | 153 | *RESTRICTED – WRONG EVENT SELECTED* SUPPLEMENT Regarding Procedural Posture on Remand by Alex M. Azar, II, Victoria Lipnic, United States Department of Health and Human Services, United States Equal Employment Opportunity Commission. (Humphreys, Bradley) Modified on 7/24/2023 to restrict access. (jb) (Entered: 07/21/2023) |
| 07/21/2023 | 154 | *RESTRICTED – WRONG EVENT SELECTED* SUPPLEMENT by Religious Sisters of Mercy, The, SMP Health System, Sacred Heart Mercy Health Care Center, University of Mary. (Goodrich, Luke) Modified on 7/24/2023 to restrict access. (jb) (Entered: 07/21/2023) |
| 07/21/2023 | 155 | BRIEF RESPONSE REGARDING COURT’S AUTHORITY TO RECEIVE EVIDENCE REGARDING CBA’S STANDING by Catholic Benefits Association. (jb) (Entered: 07/24/2023) |
| 07/21/2023 | 156 | BRIEF Regarding Procedural Posture on Remand by Alex M. Azar, II, Victoria Lipnic, United States Department of Health and Human Services, United States Equal Employment Opportunity Commission. (jb) (Entered: 07/24/2023) |
| 07/21/2023 | 157 | BRIEF by Religious Sisters of Mercy, The, SMP Health System, Sacred Heart Mercy Health Care Center, University of Mary. (jb) (Entered: 07/24/2023) |
| 07/24/2023 | DOCKET CORRECTION re: 151 Supplement, 153 Supplement, and 154 Supplement. Wrong events selected. Clerk’s office restricted access to documents and re-filed as Briefs at 155 , 156 , and 157 ; re: 152 Motion to Seal Document. Clerk’s office added exhibit numbers to attachments. (jb) (Entered: 07/24/2023) | |
| 08/04/2023 | 158 | RESPONSE to Motion re 152 MOTION to Seal Document DECLARATIONS ESTABLISHING ASSOCIATIONAL STANDING filed by Alex M. Azar, II, Victoria Lipnic, United States Department of Health and Human Services, United States Equal Employment Opportunity Commission. (Humphreys, Bradley) (Entered: 08/04/2023) |
| 08/11/2023 | 159 | REPLY to Response to Motion re 152 MOTION to Seal Document DECLARATIONS ESTABLISHING ASSOCIATIONAL STANDING filed by Catholic Benefits Association. (Attachments: # 1 CBA Petition for Rehearing Attachments)(Nussbaum, Andrew) Modified on 8/14/2023 to remove ‘Exhibit’ from attachment description. (sj). (Entered: 08/11/2023) |
| 08/14/2023 | DOCKET CORRECTION re: 159 REPLY to Response to Motion. Clerk’s Office removed ‘Exhibit’ from attachment description. (sj) (Entered: 08/14/2023) | |
| 08/15/2023 | 160 | NOTICE OF FILING OF TRANSCRIPT (Status Conference) (kk) (Entered: 08/15/2023) |
| 08/15/2023 | 161 | TRANSCRIPT of Status Conference held on July 17, 2023, before Judge Peter D. Welte. Court Reporter/Transcriber Kelly A. Kroke, Telephone number 701-297-7000. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Request Redaction due 8/22/2023. Redaction Request due 9/5/2023. Redacted Transcript Deadline set for 9/15/2023. Release of Transcript Restriction set for 11/13/2023. (kk) (Entered: 08/15/2023) |
| 08/15/2023 | 162 | MOTION for Extension of Time to File Petition for Fees and Expenses by Religious Sisters of Mercy, The, SMP Health System, Sacred Heart Mercy Health Care Center, University of Mary. (Goodrich, Luke) (Entered: 08/15/2023) |
| 08/16/2023 | 163 | (Text Only) ORDER by Magistrate Judge Alice R. Senechal granting unopposed 162 Motion for Extension of Time to File. The deadline for Religious Sisters of Mercy, Sacred Heart Mercy Healthcare Center, SMP Health System, and the University of Mary to file any motion for attorney fees and expenses is extended to September 4, 2023. (AS) (Entered: 08/16/2023) |
| 08/18/2023 | 164 | MOTION for Extension of Time to File Petition for Fees and Expenses by Catholic Benefits Association, Catholic Charities North Dakota, Catholic Medical Association, Diocese of Fargo. (Nussbaum, Andrew) (Entered: 08/18/2023) |
| 08/21/2023 | 165 | (Text Only) ORDER by Magistrate Judge Alice R. Senechal granting 164 Motion for Extension of Time to File. Catholic Benefits Association, Catholic Charities North Dakota, Catholic Medical Association, and Diocese of Fargo’s petition for attorney fees and costs is due 60 days after final judgment on the Catholic Benefits Association’s claims. (AS) (Entered: 08/21/2023) |
| 08/30/2023 | 166 | MOTION for Extension of Time to File Petition for Fees and Expenses by Religious Sisters of Mercy, The, SMP Health System, Sacred Heart Mercy Health Care Center, and University of Mary. (Goodrich, Luke) Modified to correct filers on 8/31/2023 (sc). (Entered: 08/30/2023) |
| 08/31/2023 | 167 | (Text Only) ORDER by Magistrate Judge Alice R. Senechal granting joint 166 Motion for Extension of Time to File. Religious Sisters of Mercy, Sacred Heart Mercy Healthcare Center, SMP Health System, and the University of Mary’s petition for fees and expenses is due by 9/11/2023. (AS) (Entered: 08/31/2023) |
| 08/31/2023 | DOCKET CORRECTION re: 166 MOTION for Extension of Time to File Petition for Fees and Expenses. Modified entry to reflect correct filers: Religious Sisters of Mercy, The, SMP Health System, Sacred Heart Mercy Health Care Center, and University of Mary. (sc) (Entered: 08/31/2023) | |
| 09/08/2023 | 168 | NOTICE of Settlement of Attorney’s Fees and Costs by Religious Sisters of Mercy, The, SMP Health System, Sacred Heart Mercy Health Care Center, University of Mary (Goodrich, Luke) (Entered: 09/08/2023) |
| 09/15/2023 | 169 | ORDER by Chief Judge Peter D. Welte denying 152 Motion to Seal DECLARATIONS ESTABLISHING ASSOCIATIONAL STANDING. (EA) (Entered: 09/15/2023) |
| 10/11/2023 | 170 | ORDER for Amended Judgment as to CBA Plaintiffs by Chief Judge Peter D. Welte. (EA) (Entered: 10/11/2023) |
| 10/11/2023 | 171 | AMENDED CLERK’S JUDGMENT by Chief Judge Peter D. Welte.(sj) (Entered: 10/12/2023) |
| 12/11/2023 | 172 | MOTION for Attorney Fees and Expenses by Catholic Benefits Association, Catholic Charities North Dakota, Catholic Medical Association, Diocese of Fargo. (Nussbaum, L.) (Entered: 12/11/2023) |
| 12/11/2023 | 173 | MEMORANDUM in Support re 172 MOTION for Attorney Fees and Expenses filed by Catholic Benefits Association, Catholic Charities North Dakota, Catholic Medical Association, Diocese of Fargo. (Attachments: # 1 Exhibit 1- Declaration of L. Martin Nussbaum, # 2 Exhibit A- Costs, # 3 Exhibit B- Detailed Billing Reflecting Adjustments, # 4 Exhibit C- Total Hours Billed (by attorney and year), # 5 Exhibit D- Net Hours Billed After Billing Judgment Deletions (by attorney and year), # 6 Exhibit E- Primary Timekeepers Actual Hourly Rate by Year, # 7 Exhibit F- Lodestar Calculation Based on Actual Hourly Rates Time Net Hours Billed, # 8 Exhibit G- Inflation Rate Based on Consumer Price Index (2017 through October 2023), # 9 Exhibit H- Lodestar Calculation Based on Time Valued Hourly Rate Times Net Hours Billed, # 10 Exhibit I- Resume of L. Martin Nussbaum, # 11 Exhibit J- Resume of Ian Speir, # 12 Exhibit K- Resume of Andrew M. Nussbaum, # 13 Exhibit L- Resume of Eric K. Kniffin, # 14 Exhibit M- Resume of Matthew Mellema, # 15 Exhibit N- Williams and Connolly (Kevin Baine) Billing Statement, # 16 Exhibit O- Greenburg Traurig (Troy Eid) Billing Statement, # 17 Exhibit P- Fees Related to Fee Petition, # 18 Exhibit Q- Resume of Alec Afarian, # 19 Exhibit 2- Declaration of Thomas B. Blair, esq., # 20 Exhibit 3- Declaration of Kevin T. Baine, esq., # 21 Exhibit 4- Declaration of Troy A. Eid, esq.)(Nussbaum, L.) (Attachment 16 replaced on 12/12/2023 to remove obstructing headers). NEF Regenerated. (sj). (Entered: 12/11/2023) |
| 12/12/2023 | 174 | MOTION for Extension of Time to File Response/Reply as to 172 MOTION for Attorney Fees and Expenses by Alex M. Azar, II, Sylvia Burwell, Thomas E. Price, United States Department of Health and Human Services. (Humphreys, Bradley) (Entered: 12/12/2023) |
| 12/13/2023 | 175 | (Text Only) ORDER by Magistrate Judge Alice R. Senechal granting unopposed 174 Motion for Extension of Time to File Response as to 172 MOTION for Attorney Fees. Defendants’ response is due by 2/26/2024. (CT) (Entered: 12/13/2023) |
Last updated 03/18/2024
Reconciled with online docket 02/25/2024