Randy Reed Automotive, Inc. et al v. Sebelius et al

Filing 17

ORDER GRANTING (1) MOTION FOR PRELIMINARY INJUNCTION AND (2) MOTIONTO STAY PROCEEDINGS entered by Judge Ortrie D. Smith. (Matthes, Renea)

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IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF MISSOURI ST. JOSEPH DIVISION RANDY REED AUTOMOTIVE, INC., et al., Plaintiffs, vs. KATHLEEN SEBELIUS, et al, Defendants. ) ) ) ) ) ) ) ) ) ) Case No. 13-6117-CV-SJ-ODS ORDER GRANTING (1) MOTION FOR PRELIMINARY INJUNCTION AND (2) MOTION TO STAY PROCEEDINGS Pending is Plaintiffs’ Motion for Preliminary Injunction, which seeks to enjoin enforcement of the Affordable Care Act’s mandates regarding health insurance coverage for abortifacients, contraception, and sterilization. Defendants responded with a Consent Motion to Stay Proceedings and Notice of Non-Opposition to Plaintiffs’ Motion for Preliminary Injunction. The combination of these motions expresses Defendants’ agreement to the entry of a preliminary injunction “only with respect to the Religious Freedom Restoration Act (RFRA) claim” that lasts until thirty days after the Eighth Circuit issues its Mandates in two cases raising similar RFRA claims. Since the filing of these motions, the Supreme Court has granted Writs of Certiorari in two cases that implicate the same issues: Sebelius v. Hobby Lobby Stores, Inc., No. No. 13-354, and Conestoga Wood Specialties Corp. v. Sebelius, No. 13-356. Given the parties’ agreement and the Supreme Court’s subsequent actions, the Court grants both parties’ motions (Doc. # 14 and Doc. # 16). Defendants are preliminarily enjoined from enforcing the Affordable Care Act’s mandates regarding health insurance coverage for abortifacients, contraception, and sterilization. All proceedings in this case are stayed. However, instead of staying the case only until the Eight Circuit’s Mandates are issued, the stay shall last until thirty days after the Supreme Court issues its ruling in the aforementioned cases. IT IS SO ORDERED. /s/ Ortrie D. Smith ORTRIE D. SMITH, SENIOR JUDGE UNITED STATES DISTRICT COURT DATE: December 3, 2013 2

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