Domino's Farms Corporation et al v. Sebelius et al

Filing 54

INJUNCTION AND JUDGMENT. Signed by District Judge Lawrence P. Zatkoff. (DPer)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF MICHIGAN
DOMINO’S FARMS CORPORATION;
and THOMAS MONAGHAN, Owner of
Domino’s Farms Corporation,

Case No. 2:12-cv-15488
Hon. Lawrence P. Zatkoff
Magistrate Judge Michael
Hluchaniuk

Plaintiffs,
v.
SYLVIA BURWELL, et al.,
Defendants.
___________________________________/

INJUNCTION AND 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) 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 Domino’s Farms Corporation 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 Domino’s
Farms Corporation its employee health plan(s), the group health coverage
provided in connection with such plan(s), and/or Domino’s Farms
Corporation’s health insurance issuers and/or third-party administrators
with respect to Domino’s Farms Corporation’s health plan(s);
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.;
IT IS FURTHER ORDERED that all other claims against Defendants are
DISMISSED;
IT IS FURTHER ORDERED that the Parties will 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 January 12,
2015. If there is no resolution of the attorneys’ fees and costs matter, Plaintiffs may
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file a motion for attorneys’ fees and costs within thirty days of January 12, 2014,
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.

Date: December 3, 2014

s/Lawrence P. Zatkoff
The Honorable Lawrence P. Zatkoff
United States District Judge

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