ARMSTRONG v. SEBELIUS, 13-cv-00563-RBJ. (2013)
Court: District Court, D. Colorado
Number: infdco20130820882
Visitors: 16
Filed: Aug. 19, 2013
Latest Update: Aug. 19, 2013
Summary: ORDER R. BROOKE JACKSON, District Judge. The parties' respective responses to the Court's order of August 1, 2013 show that they sharply disagree as to whether plaintiffs' pending appeal divests this Court of jurisdiction to reconsider its denial of a preliminary injunction in light of the en banc decision in Hobby Lobby Stores, Inc. v. Sebelius, 2013 WL 3216103 (10 th Cir. June 27, 2013). They do appear to agree that if the Court has, or reacquires, jurisdiction, an evidentiary hearing is
Summary: ORDER R. BROOKE JACKSON, District Judge. The parties' respective responses to the Court's order of August 1, 2013 show that they sharply disagree as to whether plaintiffs' pending appeal divests this Court of jurisdiction to reconsider its denial of a preliminary injunction in light of the en banc decision in Hobby Lobby Stores, Inc. v. Sebelius, 2013 WL 3216103 (10 th Cir. June 27, 2013). They do appear to agree that if the Court has, or reacquires, jurisdiction, an evidentiary hearing is n..
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ORDER
R. BROOKE JACKSON, District Judge.
The parties' respective responses to the Court's order of August 1, 2013 show that they sharply disagree as to whether plaintiffs' pending appeal divests this Court of jurisdiction to reconsider its denial of a preliminary injunction in light of the en banc decision in Hobby Lobby Stores, Inc. v. Sebelius, 2013 WL 3216103 (10th Cir. June 27, 2013). They do appear to agree that if the Court has, or reacquires, jurisdiction, an evidentiary hearing is not necessary.
If (1) plaintiffs file a motion to suspend their appeal pending reconsideration of the injunction issue by this Court, which the government has indicated it will not oppose, or (2) the defendant files a similar motion in the Circuit, and (3) either as a result of such a motion by either party or sua sponte the Tenth Circuit remands the case to this Court to reconsider its decision in light of Hobby Lobby, the Court will then do so.
Source: Leagle
