TRAUTMAN et al v. SEBELIUS et al
Filing
1
COMPLAINT against All Defendants (Filing fee $350, receipt number 0315-2375083), filed by ST. MARTIN CENTER, INC., THE ROMAN CATHOLIC DIOCESE OF ERIE, PRINCE OF PEACE CENTER, INC., DONALD W. TRAUTMAN. (Attachments: # 1 Civil Cover Sheet) (dm)
2JS 44 (Rev. 12/07)
CIVIL COVER SHEET
The JS 44 civil cover sheet and the information contained herein neither replace nor supplement the filing and service of pleadings or other papers as required by law, except as provided
by local rules of court. This form, approved by the Judicial Conference of the United States in September 1974, is required for the use of the Clerk of Court for the purpose of initiating
the civil docket sheet. (SEE INSTRUCTIONS ON THE REVERSE OF THE FORM.)
I. (a) PLAINTIFFS
DEFENDANTS
Most Reverend Donald W. Trautman, The Roman Catholic Diocese of
Erie, St. Martin Center, Inc., and Prince of Peace Center, Inc.
(b) County of Residence of First Listed Plaintiff Erie
U.S. Dept. Hlth. & Human Svcs.-Sebelius, Kathleen, Sec'y; U.S.
Dept. Labor-Solis, Hilda, Sec'y; U.S. Dept. Treas.-Geithner, Timothy,
Sec'y; U.S. Dept. HHS; U.S. DOL; U.S. Dept. Treas.
County of Residence of First Listed Defendant
(EXCEPT IN U.S. PLAINTIFF CASES)
(IN U.S. PLAINTIFF CASES ONLY)
NOTE: IN LAND CONDEMNATION CASES, USE THE LOCATION OF THE
LAND INVOLVED.
(c) Attorney’s (Firm Name, Address, and Telephone Number)
Paul M. Pohl, Jones Day, 500 Grant Street, Suite 4500, Pittsburgh, PA
15219, 412-391-3939 (see attachment)
II. BASIS OF JURISDICTION
(Place an “X” in One Box Only)
Attorneys (If Known)
III. CITIZENSHIP OF PRINCIPAL PARTIES(Place an “X” in One Box for Plaintiff
u 1
U.S. Government
Plaintiff
u 3 Federal Question
(U.S. Government Not a Party)
(For Diversity Cases Only)
PTF
u 1
Citizen of This State
u 2
U.S. Government
Defendant
u 4 Diversity
Citizen of Another State
u 2
u
2
Incorporated and Principal Place
of Business In Another State
u 5
u 5
Citizen or Subject of a
Foreign Country
u 3
u
3
Foreign Nation
u 6
u 6
(Indicate Citizenship of Parties in Item III)
IV. NATURE OF SUIT
CONTRACT
u
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u
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110 Insurance
120 Marine
130 Miller Act
140 Negotiable Instrument
150 Recovery of Overpayment
& Enforcement of Judgment
151 Medicare Act
152 Recovery of Defaulted
Student Loans
(Excl. Veterans)
153 Recovery of Overpayment
of Veteran’s Benefits
160 Stockholders’ Suits
190 Other Contract
195 Contract Product Liability
196 Franchise
REAL PROPERTY
210 Land Condemnation
220 Foreclosure
230 Rent Lease & Ejectment
240 Torts to Land
245 Tort Product Liability
290 All Other Real Property
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V. ORIGIN
u 1 Original
Proceeding
DEF
u 1
(Place an “X” in One Box Only)
TORTS
PERSONAL INJURY
310 Airplane
315 Airplane Product
Liability
320 Assault, Libel &
Slander
330 Federal Employers’
Liability
340 Marine
345 Marine Product
Liability
350 Motor Vehicle
355 Motor Vehicle
Product Liability
360 Other Personal
Injury
CIVIL RIGHTS
441 Voting
442 Employment
443 Housing/
Accommodations
444 Welfare
445 Amer. w/Disabilities Employment
446 Amer. w/Disabilities Other
440 Other Civil Rights
FORFEITURE/PENALTY
PERSONAL INJURY
u 362 Personal Injury Med. Malpractice
u 365 Personal Injury Product Liability
u 368 Asbestos Personal
Injury Product
Liability
PERSONAL PROPERTY
u 370 Other Fraud
u 371 Truth in Lending
u 380 Other Personal
Property Damage
u 385 Property Damage
Product Liability
PRISONER PETITIONS
u 510 Motions to Vacate
Sentence
Habeas Corpus:
u 530 General
u 535 Death Penalty
u 540 Mandamus & Other
u 550 Civil Rights
u 555 Prison Condition
State Court
BANKRUPTCY
u 422 Appeal 28 USC 158
u 423 Withdrawal
28 USC 157
PROPERTY RIGHTS
u 820 Copyrights
u 830 Patent
u 840 Trademark
SOCIAL SECURITY
861 HIA (1395ff)
862 Black Lung (923)
863 DIWC/DIWW (405(g))
864 SSID Title XVI
865 RSI (405(g))
FEDERAL TAX SUITS
u 870 Taxes (U.S. Plaintiff
or Defendant)
u 871 IRS—Third Party
26 USC 7609
u
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OTHER STATUTES
u
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IMMIGRATION
u 462 Naturalization Application
u 463 Habeas Corpus Alien Detainee
u 465 Other Immigration
Actions
u
400 State Reapportionment
410 Antitrust
430 Banks and Banking
450 Commerce
460 Deportation
470 Racketeer Influenced and
Corrupt Organizations
480 Consumer Credit
490 Cable/Sat TV
810 Selective Service
850 Securities/Commodities/
Exchange
875 Customer Challenge
12 USC 3410
890 Other Statutory Actions
891 Agricultural Acts
892 Economic Stabilization Act
893 Environmental Matters
894 Energy Allocation Act
895 Freedom of Information
Act
900Appeal of Fee Determination
Under Equal Access
to Justice
950 Constitutionality of
State Statutes
Appeal to District
(Place an “X” in One Box Only)
u 2 Removed from
u 610 Agriculture
u 620 Other Food & Drug
u 625 Drug Related Seizure
of Property 21 USC 881
u 630 Liquor Laws
u 640 R.R. & Truck
u 650 Airline Regs.
u 660 Occupational
Safety/Health
u 690 Other
LABOR
u 710 Fair Labor Standards
Act
u 720 Labor/Mgmt. Relations
u 730 Labor/Mgmt.Reporting
& Disclosure Act
u 740 Railway Labor Act
u 790 Other Labor Litigation
u 791 Empl. Ret. Inc.
Security Act
and One Box for Defendant)
PTF
DEF
Incorporated or Principal Place
u 4
u 4
of Business In This State
u 3 Remanded from
Appellate Court
u 4 Reinstated or u 5 Transferred from u 6 Multidistrict
another district
Reopened
Litigation
(specify)
u 7 Judge from
Magistrate
Judgment
Cite the U.S. Civil Statute under which you are filing (Do not cite jurisdictional statutes unless diversity):
42 U.S.C. § 2000bb, 5 U.S.C. § 702; 28 U.S.C. §§ 2201 & 2202; First Amendment to the U.S. Constitution
VI. CAUSE OF ACTION Brief description of cause:
Violations of Plaintiffs' rights under the Religious Freedom Restoration Act, First Amendment, and Administrative Procedure Act
CHECK YES only if demanded in complaint:
DEMAND $
Declaratory judgment, vacatur, permanent
✔ Yes
u
u No
JURY DEMAND:
injunction, attorneys' fees, & expert fees
u CHECK IF THIS IS A CLASS ACTION
VII. REQUESTED IN
UNDER F.R.C.P. 23
COMPLAINT:
VIII. RELATED CASE(S)
(See instructions):
JUDGE
IF ANY
DATE
DOCKET NUMBER
SIGNATURE OF ATTORNEY OF RECORD
/s/ Paul M. Pohl
05/21/2012
FOR OFFICE USE ONLY
RECEIPT #
AMOUNT
APPLYING IFP
JUDGE
MAG. JUDGE
JS 44AREVISED June, 2009
IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF PENNSYLVANIA
THIS CASE DESIGNATION SHEET MUST BE COMPLETED
PART A
This case belongs on the (
1. ERIE CALENDAR
Erie
Johnstown
Pittsburgh) calendar.
- If
cause of action arose in the counties of Crawford, Elk, Erie,
Forest, McKean. Venang or Warren, OR any plaintiff or defendant resides in one of said
counties.
- If cause of action arose in the counties of Bedford, Blair,
Cambria, Clearfield or Somerset OR any plaintiff or defendant resides in one of
said counties.
2. JOHNSTOWN CALENDAR
3. Complete if on ERIE CALENDAR: I certify that the cause of action arose in Erie
County and that the Plaintiff
resides in Erie
County.
4. Complete if on JOHNSTOWN CALENDAR: I certify that the cause of action arose in
County and that the
resides in
County.
PART B (You are to check ONE of the following)
1.
2.
. Short Caption
This case is related to Number
This case is not related to a pending or terminated case.
.
DEFINlTIONS OF RELATED CASES:
CIVIL: Civil cases are deemed related when a case filed relates to property included in
another suit or involves the same issues of fact or it grows out of the same transactions
as another suit or involves the validity or infringement of a patent involved in another
suit EMINENT DOMAIN: Cases in contiguous closely located groups and in common ownership
groups which will lend themselves to consolidation for trial shall be deemed related.
HABEAS CORPUS & CIVIL RIGHTS: All habeas corpus petitions filed by the same individual
shall be deemed related. All pro se Civil Rights actions by the same individual shall be
deemed related.
PARTC
I. CIVIL CATEGORY (Place x in only applicable category).
1.
Antitrust and Securities Act Cases
2.
Labor-Management Relations
3.
Habeas corpus
4.
Civil Rights
5.
Patent, Copyright, and Trademark
6.
Eminent Domain
7.
All other federal question cases
All personal and property damage tort cases, including maritime, FELA,
8.
Jones Act, Motor vehicle, products liability, assault, defamation, malicious
prosecution, and false arrest
9.
Insurance indemnity, contract and other diversity cases.
10.
Government Collection Cases (shall include HEW Student Loans (Education),
V A
0verpayment, Overpayment of Social Security, Enlistment
Overpayment (Army, Navy, etc.),
HUD Loans, GAO Loans (Misc. Types),
Mortgage Foreclosures, SBA Loans, Civil Penalties and Coal Mine
Penalty and Reclamation Fees.)
I certify that to the best of my knowledge the entries on this Case Designation
Sheet are true and correct
/s/ Paul M. Pohl
Date: May 21, 2012
ATTORNEY AT LAW
NOTE: ALL SECTIONS OF BOTH SIDES MUST BE COMPLETED BEFORE CASE CAN BE PROCESSED.
ATTACHMENT TO CIVIL COVER SHEET
Additional Attorneys for Plaintiffs in:
Most Reverend Donald W. Trautman, Bishop of The Roman Catholic Diocese of Erie, et. al.
v. Kathleen Sebelius, in her official capacity as Secretary of the U.S. Department of Health and
Human Services, et. al.
Laura E. Ellsworth
John D. Goetz
Leon F. DeJulius, Jr.
Mary Pat Stahler
JONES DAY
500 Grant Street – Suite 4500
Pittsburgh, PA 15219
(412) 391-3939
Counsel for Plaintiffs Most Reverend
Donald W. Trautman, The Roman
Catholic Diocese of Erie, St. Martin
Center, Inc., and Prince of Peace
Center, Inc.
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