Annex Medical, Inc. et al v. Sebelius et al

Filing 76

Order granting 74 Motion for Permanent Injunction. Signed by Senior Judge David S. Doty on 8/19/2015. (DLO)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MINNESOTA
Civil No. 0:12-02804(DSD/SER)
ANNEX MEDICAL, INC., et al.,
Plaintiffs,
v.

ORDER

SYLVIA M. BURWELL, in her
Official capacity as Secretary
of Health & Human Services,
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), and upon defendants’ consent, it is hereby
ORDERED that defendants, their employees, agents, and successors in office are
permanently 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 plaintiffs Annex
Medical, Inc. and Armor, Inc. to provide their 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. § 2590.7152713(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 plaintiffs Annex Medical, Inc. and Armor, Inc., their employee health plan(s), the
group health coverage provided in connection with such plan(s), and/or these plaintiffs’
health insurance issuers and/or third-party administrators with respect to these plaintiffs’
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 further
ORDERED that all other claims against defendants are DISMISSED; and it is
further
ORDERED that any petition by plaintiffs for attorneys’ fees or costs shall be
submitted on or before 60 days (or the next business day if that day falls on a weekend or
court holiday) from the date this judgment is issued; and it is further
ORDERED that this Injunction and Judgment does not apply with respect to any
changes in statute or regulation that are, or were, enacted or promulgated after the
Supreme Court issued its decision in Hobby Lobby, including the Final Rules, Coverage
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of Certain Preventive Services Under the Affordable Care Act, 80 Fed. Reg. 41,318 (July
14, 2015) (applicable beginning on the first day of the first plan year that begins on or
after September 14, 2015), which provide accommodations to certain closely held forprofit entities that object to providing contraceptive coverage based on their owners’
religious beliefs, and nothing herein prevents plaintiffs from filing a new civil action to
challenge the accommodations or any other post-Hobby Lobby changes in statute or
regulation.

Dated: August 19, 2015

s/David S. Doty
David S. Doty, Judge
United States District Court

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