Tonn and Blank Construction LLC v. Sebelius et al
Filing
7
ORDER regarding service on the Defendants. Signed by Judge Jon E DeGuilio on 9/21/2012. (saj)
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF INDIANA
FORT WAYNE DIVISION
TONN AND BLANK CONSTRUCTION, LLC,
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Plaintiff,
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v.
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KATHLEEN SEBELIUS, in her official capacity )
as Secretary of the U.S. Department of Health and )
Human Services, et al.,
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Defendants.
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Case No. 1:12-CV-325 JD
ORDER
On September 20, 2012, Plaintiff filed a 7-count complaint seeking relief from
government action requiring Tonn and Blank Construction, LLC, a for-profit limited liability
corporation and affiliate of the faith-based Franciscan Alliance, from having to pay, sponsor, and
facilitate abortion-inducing drugs, contraception, sterilization, and related counseling
(characterized by Plaintiff as “objectionable services”) through its health plan [DE 1]. Tonn and
Blank’s employee health benefits plan has been providing coverage for these objectionable
services before and after February 10, 2012 [DE 5 at 9], and Plaintiff applies for a preliminary
injunction [DE 4, 5].
On September 20, 2012, a summons was issued as to the Defendants identified in the
complaint [DE 6]. Plaintiff indicates that it has also sent Defendants a copy of the memorandum
in support of the preliminary injunction request [DE 5 at 34].
Fed. R. of Civ. P. 65 requires that notice be provided to the adverse party prior to ruling
on a motion for preliminary injunction. In this case, service has not been executed. Because
Plaintiff is seeking a preliminary injunction and a hearing on the matter, the Court will set a
briefing schedule and/or hearing on the Plaintiff’s motion, if deemed necessary, only after the
Court has the means to provide notice to adverse parties of the proceedings as required by the
rules.
SO ORDERED.
ENTERED: September 21, 2012
/s/ JON E. DEGUILIO
Judge
United States District Court
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