Filed: Dec. 31, 2014
Latest Update: Dec. 31, 2014
Summary: INJUNCTION AND JUDGMENT AS TO PLAINTIFFS WEINGARTZ SUPPLY COMPANY AND DANIEL WEINGARTZ 1 ROBERT H. CLELAND, District Judge. In light of the Supreme Court's decision in Burwell v. Hobby Lobby Stores, Inc., 134 S.Ct. 2751 (2014), and defendants' consent, it is hereby ORDERED that defendants, their employees, agents, and successors in office are enjoined (a) from enforcing (1) the "June 30, 2014 Contraceptive Coverage Requirement," defined here to include those provisions of federal law i
Summary: INJUNCTION AND JUDGMENT AS TO PLAINTIFFS WEINGARTZ SUPPLY COMPANY AND DANIEL WEINGARTZ 1 ROBERT H. CLELAND, District Judge. In light of the Supreme Court's decision in Burwell v. Hobby Lobby Stores, Inc., 134 S.Ct. 2751 (2014), and defendants' consent, it is hereby ORDERED that defendants, their employees, agents, and successors in office are enjoined (a) from enforcing (1) the "June 30, 2014 Contraceptive Coverage Requirement," defined here to include those provisions of federal law in..
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INJUNCTION AND JUDGMENT AS TO PLAINTIFFS WEINGARTZ SUPPLY COMPANY AND DANIEL WEINGARTZ1
ROBERT H. CLELAND, District Judge.
In light of the Supreme Court's decision in Burwell v. Hobby Lobby Stores, Inc., 134 S.Ct. 2751 (2014), and defendants' consent, it is hereby
ORDERED that defendants, their employees, agents, and successors in office are enjoined
(a) from enforcing
(1) the "June 30, 2014 Contraceptive Coverage Requirement," defined here to include those provisions of federal law in existence on June 30, 2014, when the Supreme Court decided Hobby Lobby, that require Plaintiff Weingartz Supply Company to provide its employees with health coverage for contraceptive methods, sterilization procedures, and related patient education and counseling to which plaintiffs object on religious grounds, e.g., 26 C.F.R. § 54.9815-2713(a)(1)(iv); 29 C.F.R. § 2590.715-2713(a)(1)(iv); 45 C.F.R. § 147.130(a)(1)(iv); and
(2) any penalties, fines, or assessments for noncompliance with the June 30, 2014 Contraceptive Coverage Requirement, including those found in 26 U.S.C. § 4980D, and 29 U.S.C. §§ 1132 and 1185d; and
(b) from taking any other actions based on noncompliance with the June 30, 2014 Contraceptive Coverage Requirement
against Plaintiff Weingartz Supply Company, its employee health plan(s), the group health coverage provided in connection with such plan(s), and/or Weingartz Supply Company's health insurance issuers and/or third-party administrators with respect to Weingartz Supply Company's health plan(s); and it is further
ORDERED that judgment is entered in favor of Plaintiffs Weingartz Supply Company and Daniel Weingartz and against defendants on Plaintiffs Weingartz Supply Company and Daniel Weingartz's claim under the Religious Freedom Restoration Act, 42 U.S.C. §§ 2000bb et seq.; and it is further
ORDERED that all other claims brought by Plaintiffs Weingartz Supply Company and Daniel Weingartz against Defendants are DISMISSED; and it is further
ORDERED that the Parties will meet and confer to reach agreement on attorneys' fees and costs with respect to Plaintiffs Weingartz Supply Company and Daniel Weingartz's claims. The Parties will file a joint status report, including a recommendation for further proceedings, by no later than February 9, 2015. If there is no resolution of the attorneys' fees and costs matter, Plaintiffs Weingartz Supply Company and Daniel Weingartz may file a motion for attorneys' fees and costs within thirty days of February 9, 2015, pursuant to Federal Rule of Civil Procedure 54; and it is further
ORDERED that this Injunction and Judgment does not apply with respect to any changes in statute or regulation that are enacted or promulgated after this date, and nothing herein prevents plaintiffs from filing a new civil action to challenge any such future changes.
