Sioux Chief MFG. Co, Inc. et al v. Sebelius et al

Filing 9

ORDER entered by Judge Ortrie Smith granting 4 Motion for Preliminary Injunction and granting 8 Motion to Stay. The preliminary injunction and stay will remain in effect until this Court takes further action. Plaintiffs are directed to notify the Court once the Eighth Circuit has rendered a decision. (Kanies, Renea)

IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF MISSOURI
WESTERN DIVISION
SIOUX CHIEF MFG. CO., INC., et al.
Plaintiffs,
vs.
KATHLEEN SEBELIUS,
Secretary of the United States Dept.
of Health and Human Services, et al.
Defendants.

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Case No. 13-0036-CV-W-ODS

ORDER (1) GRANTING PLAINTIFF’S UNOPPOSED MOTION FOR PRELIMINARY
INJUNCTION; AND (2) GRANTING DEFENDANT’S UNOPPOSED MOTION TO STAY
PROCEEDINGS
Before this Court is Plaintiff’s Unopposed Motion for Preliminary Injunction (Doc. # 4)
and Defendant’s Unopposed Motion to Stay Proceedings (Doc. # 8). The Court grants both
Motions.
Plaintiffs move for a preliminary injunction, staying enforcement of the Health and
Human Service regulations requiring Plaintiffs to provide its employees insurance coverage for
“[a]ll Food and Drug Administration approved contraceptive methods, sterilization procedures,
and patient education counseling for all women with reproductive capacity.” 77 Fed. Reg. 8725.
Defendants do not oppose Plaintiff’s Motion pending the Eighth Circuit’s decision in Annex
Medical, Inc. v. Kathleen Sebelius, No. 13-1118 (8th Cir. Feb. 1, 2013) or O’Brien v. U.S. Dep’t
of Health and Human Services, No. 12-3357 (8th Cir. Nov. 28, 2012), whichever comes first.
Because Defendant consents to Plaintiff’s Motion, the Motion is granted.

Additionally,

Defendants move to stay all proceedings in this case until the appeal in O’Brien or Annex
Medical is resolved. Plaintiffs do not oppose this request. Defendants’ Motion is granted.
The preliminary injunction and stay will remain in effect until this Court takes further
action.

Plaintiffs are directed to notify the Court once the Eighth Circuit has rendered a

decision.
IT IS SO ORDERED.

DATE: February 28, 2013

/s/ Ortrie D. Smith________________
ORTRIE D. SMITH, SENIOR JUDGE
UNITED STATES DISTRICT COURT