Briscoe et al v. Sebelius et al

Filing 70

INJUNCTION and Partial Judgment, by Judge Wiley Y. Daniel on 1/27/2015.(evana, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 1:13-cv-00285-WYD-BNB
STEPHEN W. BRISCOE;
CONTINUUM HEALTH PARTNERSHIPS, INC.;
CONTINUUM HEALTH MANAGEMENT, LLC; and
MOUNTAIN STATES HEALTH PROPERTIES, LLC;
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;
UNITED STATES DEPARTMENT OF THE TREASURY;
Defendants.

INJUNCTION AND PARTIAL JUDGMENT

In light of the Supreme Court’s decision in Burwell v. Hobby Lobby Stores, Inc.,
134 S. Ct. 2751 (2014), it is hereby
ORDERED that defendants, their employees, agents, and successors in office
are enjoined
(a) from enforcing
(1) those provisions of federal law in existence on June 30, 2014, when the
Supreme Court decided Hobby Lobby, that require plaintiffs Continuum
Health Partnerships, Inc.; Continuum Health Management, LLC; and

Mountain States Health Properties, LLC to provide their employees with
health coverage for “[a]ll Food and Drug Administration approved
contraceptive methods, sterilization procedures, and patient education and
counseling for all women with reproductive capacity,” 77 Fed. Reg. 8725
(Feb. 15, 2012), 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)(iv); and
(2) any penalties, fines, or assessments for noncompliance with the coverage
requirement described above in section (a)(1), including those found in 26
U.S.C. § 4980D and 29 U.S.C. §§ 1332 and 1185d; and
(b) from taking any other actions based on noncompliance with the coverage
requirement described above in section (a)(1) against Continuum Health
Partnerships, Inc.; Continuum Health Management, LLC; and/or Mountain
States Health Properties, LLC; their employee health plan(s); the group health
coverage provided in connection with such plan(s); and/or Continuum Health
Partnerships, Inc.’s; Continuum Health Management, LLC’s; and/or Mountain
States Health Properties, LLC’s insurance issuers and/or third-party
administrators with respect to Continuum Health Partnerships, Inc.;
Continuum Health Management, LLC; and/or Mountain States Health
Properties, LLC health plan(s); and it is
FURTHER 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.; and it is

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FURTHER ORDERED that all other claims against defendants are DISMISSED;
and it is
FURTHER ORDERED that the parties shall meet and confer to reach agreement
on attorneys’ fees and costs. The parties will file a joint status report, including a
recommendation for further proceedings, by no later than March 2, 2015. If there is no
resolution of the attorneys’ fees and costs matter, plaintiffs may file a motion for
attorneys’ fees and costs within thirty days of March 2, 2015, pursuant to Federal Rule
of Civil Procedure 54; and it is
FURTHER ORDERED that this Injunction and Partial 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.
Dated: January 27, 2015.
BY THE COURT:

/s/ Wiley Y. Daniel
WILEY Y. DANIEL,
SENIOR UNITED STATES DISTRICT JUDGE

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