Newland et al v. Sebelius et al

Filing 71

FINAL JUDGMENT by Clerk by Judge John L. Kane on 3/17/2015. (babia)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO

Civil Action No. 12-cv-01123-JLK
WILLIAM NEWLAND,
PAUL NEWLAND,
JAMES NEWLAND,
CHRISTINE KETTERHANGEN,
ANDREW NEWLAND, AND
HERCULES INDUSTRIES, INC.,
Plaintiffs,
v.
SYLVIA M. BURWELL, IN HER OFFICIAL CAPACITY AS SECRETARY OF THE
UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES;
THOMAS E. PEREZ, IN HIS OFFICIAL CAPACITY AS SECRETARY OF THE UNITED
STATES DEPARTMENT OF LABOR;
JACOB LEW, IN HIS OFFICIAL CAPACITY AS SECRETARY OF THE UNITED
STATES DEPARTMENT OF THE TREASURY;
UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES;
UNITED STATES DEPARTMENT OF LABOR; AND
UNITED STATES DEPARTMENT OF THE TREASURY,
Defendants.

FINAL JUDGMENT

In accordance with the orders filed during the pendency of this case, and
pursuant to Fed. R. Civ. P. 58(a), the following Final Judgment is hereby entered.
Pursuant to the Permanent Injunction (Doc. No. 70), Memorandum Opinion (Doc.
No. 70-1), and Order (Doc. No. 70-2, GRANTING Doc. No. 5) by Judge John L. Kane
entered on March 16, 2015, It is
ORDERED that judgment is entered in favor of Plaintiffs and against Defendants
on Plaintiffs’ claim under the Religious Freedom Restoration Act, 42 U.S.C. §§ 2000bb

et seq. It is
FURTHER ORDERED that Defendants, their employees, agents, and
successors in office are permanently ENJOINED from, directly or indirectly, (1)
enforcing against Hercules Industries, Inc. (“Hercules”) any regulation promulgated or
amended pursuant to 42 U.S.C. §§ 300gg-13(a)(4), or otherwise, requiring Hercules to
provide health insurance coverage for abortifacients, contraception, sterilization, and
related education and counseling to its employees; (2) from applying any penalties,
fines, or assessments for noncompliance with any regulation promulgated or amended
pursuant to 42 U.S.C. §§ 300gg-13(a)(4), or otherwise, requiring Hercules to provide
health insurance coverage for abortifacients, contraception, sterilization and related
education and counseling to its employees, including those found in 26 U.S.C. § 4980D
and 29 U.S.C. §§ 1132 and 1185d; and (3) from taking any other actions based on
noncompliance with any regulation promulgated or amended pursuant to 42 U.S.C. §§
300gg-13(a)(4), or otherwise, requiring Hercules to provide health insurance coverage
for abortifacients, contraception, sterilization and related education and counseling to its
employees. It is
FURTHER ORDERED that in the event Defendants seek relief or modification of
this Permanent Injunction, Defendants must first move this Court to modify or dissolve
this injunction by showing that a significant change either in factual conditions or in law
renders continued enforcement of the injunction detrimental to the public interest. It is
FURTHER ORDERED that any petition by Plaintiffs for attorney fees or costs
shall be submitted on or before 45 days (or the next business day if that day falls on a
weekend or a court holiday) from the date this judgment is issued.

Dated at Denver, Colorado this 17th day of March, 2015.
FOR THE COURT:
JEFFREY P. COLWELL, CLERK
By: s/

Bernique Abiakam
Bernique Abiakam
Deputy Clerk