Briscoe et al v. Sebelius et al

Filing 68

ORDER Denying as moot 52 Plaintiffs Motion for Summary Judgment, by Judge Wiley Y. Daniel on 1/12/2015.(evana, )

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 13-cv-00285-WYD-BNB STEPHEN W. BRISCOE; CONTINUUM HEALTH PARTNERSHIPS, INC.; CONTINUUM HEALTH MANAGEMENT, LLC; and MOUNTAIN STATES HEALTH PROPERTIES, LLC, Plaintiffs, v. KATHLEEN SEBELIUS, in her official capacity as Secretary of the United States Department of Health and Human Services; SETH D. HARRIS, in his official capacity as Acting Secretary of the United States Department of Labor; NEAL WOLIN, in his official capacity as Acting 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. ORDER THIS MATTER is before the Court on the Plaintiffs’ Motion for Summary Judgment (ECF No. 52), filed October 2, 2013. Because the Plaintiffs’ position was adopted by the United States Supreme Court in Burwell v. Hobby Lobby Stores, Inc., 134 S. Ct. 2751, 189 L. Ed. 2d 675 (2014), there is no need for this Court to decide the pending motion. Accordingly, it is ORDERED that the Plaintiffs’ Motion for Summary Judgment is DENIED as moot. Dated: January 12, 2015. BY THE COURT: s/ Wiley Y. Daniel WILEY Y. DANIEL, SENIOR UNITED STATES DISTRICT JUDGE -2-

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