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FOR 4\D ON )l 1.,44.-A I..f.
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AM-K:z!l("%\f RTA"1 ::)0N-I LAW'.
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et Izvlorana .
MNIERICAN FREf51)(";'
,I L-NNV CENTER
cst~, I-rtirc::
A.
AAMAIRIC~AN-
Plaintiffs-Appellees,
V.
No. 14-1183
SYLVIA M. BURWELL,et al..
Defendants-Appellants.
Plaintiffs-Appellees,
No. 14-1310
V.
Defendants-Appellants.
Pursuant to 28 U.S.C. § 1746, the undersigned Rebecca Zmuda hereby declares under
penalty of perjury
ury as follows:
3. I started working for the Ave Maria Foundation in 1999 and have been the Director of
4, On October 26, 2016, Christopher Smith, the Headmaster of the Rhodora J. Donahue
Academy formally indicated that institution's intent to withdraw from the Health Plan at
1
issue in Ave Maria Foundation v. Burwell, No. 2:13-cv-15198(E-D. Mich.), No. 14-1310
5. The Rhodora J. Donahue Academy no longer has any claim or interest in the health plan at
issue in Ave Maria Foundation v. Burwell, No. 2:13-cv-15198 (L'.D. Mich.), No. 14-1310
(6th Cir.).
I declare under penalty of perjury that the foregoing is true and correct.
R.obf.cca L.TdId
rte,/
2
SE`lTL(F N IEl'T AGREEMENT AND RELEASE
Dominds Farms Petting Farm: Rhodora J. Donahue Academy: Thomas More Law Center; and
Legatus) and Defendants (Eric D. Ilargan. in his official capacity as Acting Secretaryof'
Health and Hunan Set,ice : R. Alexander Acosta. in his official capacity as Secretary of
Labor: Steven T. Mnuchin. in his official capaci(,. as Secretary ol' the Treasury, the
United States Department of I I alth and Human Services; the United Statcs Department of
Labor:and the United Sti.tes Department ofthe Treasury), by and through their undersigned
I. Defendants shall pay Plaintiffs the amount of one hundred thirty thousand dollars
($130,000.00) in full and complet: satisfaction of Plaintiffs' claims for fees, costs. and litigation
expenses in Ave Maria Foz11tda1i017 v. Btrrrt>ell, No. 2:13-ev-15198(F.D. Mich.), Nos. 14-1310
(61h Cir.). This payment shall constitute full and final satisfaction ofany and all of Plaintiffs'
claims for fees, costs, and litigation expenses in the above-captioned matters and is inclusive of
any interest.
More Law Center, 24 Frank Lloyd Wright Drive,PO Box 393, Ann Arbor.
Michigan k-8106.
1
Upon execution of this Settlement Agreement, Plaintiffs hereby release and
forever discharge Defendzias and their successors, the United States of America, and any
department, agency, or establishment of the United States.. and any offlicers, employees, agents.
successors, or assigns of such department, agency, or establishment, from any and all claims for
I The parties acknowledge that this Settlement Agreement is entered solely for the
purpose of settling and compromising fees, costs, and litigation expenses in this action without
further litigation, and it shall not he construed as evidence or as an admission regarding any issue
regarding Plaintiffs' entitlment to. or the appropriate amount of, attorneys' fees and other
litigation costs. This Settlement,kgreement shall not be used in any manner to establish liability
of amount for fees, amounts. or h:)urly rates in any other case or proceeding.
effective once it has been signed 'by all ofthe signatories identified below.
f.:#
Dated:3 rh: ~•.,. ;~ ~~
Ave Maria F*Ot d,,ai-on
Dated:
Ave Maria Coni c'ns Oka Ave N facia Radio)
Dated: gL11
Domino's Fqj~fis Petting Farm
Dated:
Miodora J, Donahue Academy
r- ------
Thomas More Law Center Dated: /~—,,JI-e"s—A"7
Dated:
Dated:
'ounselfor Plainiff
-
Dated: t
Deputy Assistant Attorney General
United States Department of Justice
Civil Division
Washington, D.C. 20530
3
,`T~~~,~$w1i:tV~lff;'4r3• IA.'+.s E~~3'1 iYi 1!::1,&
2017, by and between the entities and individuals listed in Exhibit A ("Platntilts-)and
tine United Statcs of Amerlc~:.. acting by and through Eric D. Hargan. in his official
his official capacity as Secretary ofl..abor:: Steven T. Mnuchin. in his official capacity as
Secretary' of the Trc:a..ur~. tlic l'nhed Statcs Department of']Icalth and I lurnan Services:
the 1.lnited States Department Afl..abor, and the United States Department ofthe'I reasur\
other things, violated the Religious Freedom Restoration Act ('RFRA"), 42 U.S.C.
§ 300gg-13 that required, Plainiiffs to take actions that facilitated the provision, through
patient education and counseling to which Plaintilfs object on religious ,grounds ("the
2713A (Sept. 14, 2015), 29 C.4-.R. § 2594.715- 2713(a)(1)(iv) (July 19, 2010), 45 C.F.R.
I of 12
147.131 (Sept. 14, 2015). .:.nd 45 C.F.R. § 147.130(a)(1)(W) {[qtly 19. 2010) 011c
"Regulations").
'I'reasur-• 1MVe issued iw%v rc f ulations afilording Plaintil'ls an exemption. 82 Fed. Reg.
1 /Pdf7?t117-2185I.Ixil'
or individuals to shoos betv -een the Mandate, the accommodation, or penalties for
noncompliance imposes a subsrantial burden on religious exercise under RFRA." that "'the
application of the: Mandate to -,crtain objecting employers [iJs (not] necessary to serer: a
compelling govanmenn] interest.' and that "alternative approaches can further tite
interest the Departments pre% is usly identified behind the Mandate." 82 Fed. Reg. 47.792.
Government "to vigorjusl\I- niforce federal law's robust protections for religious
I.Allbrdable Care.1 Act that wortid impose... if cost, iee, tax, penalty, or regulatory burden
on ... health insurers. jor] purchasers of health insurance." Executive Order 13708,
2of12
Under t 3765. M1nIt11t7.tt1_,the Lconomic 13urdcn oil t41e Patient Protwion and Affordable
Care Act Pending Repeal 82 tc-d. Reg. 8.351 (Jan. 20, 1017),
Wfff-IREAS_ after yeas of litigation. the Supreme Court considered the claims
in these cases and, instead of'resolving the legal issues, remanded the cases to allo%v the
parties to "resolve any outstanding issues between them." Zuhik r. Bunrel1. 136 S.. Ct.
1557. 1560(2016).
WEIFRFAS. the Supreme Court`s remand orders provided that "thc Government
may not impose taxes or penalties on [Plaintiffs] fir failure to provide the ... notice"
AVI,MRFAS, it ii the c'esirc of the Parties to resolve finally and pernlancnti} all
disputes,asserted or unasserted,arising out of. or related to the matters set forth, alleged,
contained herein. incluc inf: the discontinuation of°the pending Litigation and recogsutinsl
that Defctldants violated Ptaintiffs' rights under R.FRA.and for other good and valuable
1, The Parties igUe.2 that. under the Supreme Court's decision in Birrircll v.
1tc~hht !_c~hht• Star ea, ls~c. 134 ., CI.2751 (2014)• tie l fforclable Care Act's "contraceptive
mandate,-if applied as- sct out in 26 C.F.R. § 54.9815-271 3(a)(1)(iv•)(Jule 19. 2010). 29
3ol'12
C.F.R. §'_590.715- 2713(al(1)(i-.)(July 19, 2010), and 45 C.F.R. § 147.130(a)(1)(iv)(July
19. 2010). would "i III po~CI j aI Suhstilntial burden oil [Plaintiff's'] exercise of religion." O.
ai 2779. and "violate[] iRNILA:' W. at 278>. The Government therefore agrees that the
..contraception niandate'as described in 11ohhr 1ohht• cannot he legally enl'orced.. under
2. The Goverlm .nt <:grees, with respect to all Plaintiff's, to abide by the terms of
(W.D. Pa. Dec. 20, 20114, as it relates to the Objectionable Coverage. The Government
accordingly will treat Plaintiffs and their health plans, including their insurance issuers and/or
third-party administrators in connection with those health plans, as exempt from the
regulation or agency policy includes any requirement that Plaintiffs, their insurance issuers.or
with Plaintiffs' health plans) may provide health coverage without tile
separate and distinct health plan or other arrangement that is separate and distinct
4of'12
C. Plaintiffs or their health plans may not be required to pay for the provision ofthe
plans may not be u ed by any person to obtain any of the products or services
therefor:
and
Coverage is not covered by the plan or notice provided fior in footnote 1 of this
plans.
5of12
C.F.R. § 147.13 1. as thew Male to the provision of anv of the Objectionable Coverage
courts, including the Supreme Court in/.ubik, that neither Plaintiffs that are party to this
Agreement nor their health plans. insurers, or third-party administrators acting in connection
with Plaintiffs` health plans shall be subject to any penalties or other adverse consequences.
since August 2011,as a result of their non-compliance with any law or regulation requiring the
provision of the Objectionable Coverage that the government is prohibited from enforcing by
S. Notwithstanding this Agreement, the Plaintiffs retain their full legal rights to
challenge any new law, tCgulatian. or other requirement that the government may enact or
impose relating to the provision of Objectionable Coverage and to challenge or defend against
such action on any grounds they choose (including the Constitution, federal law, and/or this
Agreement). Nothing herein shall be construed as an admission or indication that any law.
6. The Parties agree to resolve all proceedings identified above and to file such
papers as are necessary to tenninate the; Litigation. In all cases where appeals are currently
rending, the parties will lite dismissals of appeal under Federal Rule of Appellate Procedure
The effective date of the witftdrawal may be contingent on proper notice being given to
participants. If contraception coverage is currently being offered by an issuer or third-party
administrator. the cessatior ofcoverage would be effective no sooner than the first day of the first
plan year that begins thirty days after the date of this Settlement Agreement (to allow for the
provision of notice to plan participants in cases where contraceptive benefits will no longer be
provided). Alternatively, sixty-days advance notice may be given pursuant to 42 U.S.C. § 300gg-
1 >(d)(4) if applicable.
6 of 1?
42(b). Afier the appeals are dismissed.the parties agree that they will jointly file stipulations of
dismissal or motions for dismissal under Federal Rule of Civil Procedure 41(a), except in cases
where there is a final judgment in the district court. This agreement shall not be effective until
7. The Government agrees to pay Plaintiffs $130,000 in costs and fees as set forth
S, The Parties agree that this Agreement constitutes a good-faith settlement of the
Litigation for good and valuable consideration and acknowledge that it is entered into freely
and voluntarily.
9. The Parties -Further agree that this.Agreement has been fully read and understood
by them and that each of them has received independent legal advice from their respective
attorney(s) as to the effect and import of its provisions. The Parties further agree that this
Agreement is being entered into for the express purpose and intention of making and entering
into a full and final comptomise. adJustment, and settlement of all claims which were or could
i o. 'This Agreement constitutes the sole and entire agreement between Plaintiffs and
the Government, and supersedes all prior agreements, negotiations. and discussions between
the Parties with respect to the suhject matter covered hereby. It is expressly understood and
agreed that this Agreement may not be altered. amended. waived, modified. or otherwise
changed except by writing- duly executed by authorized representatives of Plaintiffs and the
Government. respectively. The Parties further acknowledge and agree that they will make no
7 ol' 1''
claim at any time or place: that this Agreement has been orally supplemented,
modified. or
altered.
11. All signatories represent that they have authority to enter into this Agreement on
8 oJ` 12
'I'I-101MAS \40R1:: LAW CENTER (counsel for all Plaintiffs) BY:
f
~... I SO t
9 of 12
ON BEHALF Or THE GOVERNMENT:
B
Deputy Assistant Attorney General
Civil Division, U.S. Depailment of Justice
950 Pennsylvania .Avenue. NW
Washington. District of Columbiz: 20530
1l of'12
EXHIBIT 1
Are Afaria Foundation P. L'unvell, No. 2:13-cv-15198(E.D.
Mich.), Nos. 14-1310 {6(h Or.)
14feingartz Supply Go. v. Burivell, No.2:12-cv-12061 (E.D. Mich.)
, No. 14-1183 (6th Cit.)
12 of 12
RELVASE.-
N, r -a v-.of
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.... and
. .. . Human . .. .... .. leapac I ty
asS. ittaa i 6f E a-.line St&-e1). 1i.t,IcI14 1 ("11.171C iaf ca p1i it t 6co~ia' r V. 0f`111o.
the.:
-And.
d I'laiiit.i11s.
hic.. NO,7
- 1:4.'ev-00590(M.D. FL).N6-- 15~0. 143T 15.'IT63.5 O.A.th- C and bl.,V, g.
AWW-5.1rkv-v Hrtv. ?/L- Nd. 4:14-c -675JE-D-Tax. No. tlx -payment shafI"
tzonW,
, ...-tho TtjLW.ttAw,,-200 Y West'-flafie POkWin.-; Suit~t ['60.(1. Pla'ix( TX-7507i.:
forever discharge MR-ndants and their successors the t niteTd States ol' America, and ally
department. ga ency, or establishment oftile United States. and aTwo icers. emplcvees: nentti..
purpose eel' Setil:ilIg ilild C0111pro#rising fens, costs. and litigation expi'•1)ses in this udoil without
further litigation, and it shall not be construed as.evidencae or as an admission regarding anv issue
of la or fact.. or as evidencc.or as.an admissicm.bv Defendants, l'l lintllfs ._c?r Plai#ttlt~s~ counsel
regarding Plaintiff's' entitlement to., or the appropriate amount. of attorneys' flees and other
litigation casts, 11lis Settlement Ag-,recine It shall not he tiled in any manner to establish liability
effective once it has been signed bv all ofthe sitonatories identil`icd, below,
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l.. i'iit;M. States 01' Aflierica. at_tibt-, b, and tltrc?uuh Eq,:r e:.€):: 41<trgai):. in €3is ot4 6af
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1fi l ixptc tztISt:taY~.tt1:~ «i: cc4c3 Yv ni0dEc i . 4 h"S of.i;icial Litt«t`.As a:4.
itigati.<n".) in ~,Oiich Plaintiff ak'eoe that the C;o ermbdot has;:anti?ng otfier thi ues..
.. txe`:.!'e~iritllf xu.iilw and entbrchu; regubtix tiff txUNuti3itt l '42 [:t 5 t'::SA:-"Oo.;.~
'v-1 `that.
to take. action., that fwil'itame . tliir. ~?CC)YlSlitla, tl]i'C).ugh or i.n cof'l *ction
educado.ii: and counseling t6 which Naintiff Ul: cci on ry igious grounds. {'•the.
2713A !Soot: 14.201:5): 29 C'.FK 1 2590.71.5- 1:3{tc [lj(:iv) (Jule 19. 2010). 45 'C,F.lt.
1.oI'fI
147.131 (Skpt- 14 ~t l :}, and 45 C&I § 147.130(a)(1)(k) (Jul` 1Q. 2010) (Ow.
WJJEREAS~ 1-1:-c- Mpartments-. .0' Health and: Rumwl: Samies. Inky pd.
WHFRF'-vs tjlo . tlepw- rc:jgulations mame that "requiring tc-ermili obj&.Ling entities
mmicom pI L-111C.C: i al poscs a sitbstaiitiaI 1-.)urdci i oii w I igious C\ei'cise (i!idE:ir RUR
—'N." thai -it
coolpclliog! [Ile Ilual and that "afternativt aPj7.)1- '111 lunim. di:~:
t:xcmp-ions from., ot- delay [he immemomaw"I or Ally Or v quieqmu~m <of fliti
jAffordableCare'l Ack that would mlpow'..' LICOSL j-M UFN. JN.'!Iflty.OrTe. hmor- tmrdcr'
on.
. heWhourers, ., Qj pt rchawrs Of healdl in-Surmico," Order 13?%"-
F'
. ru 'Specch :mdj
W42
War13:;6:i.. N41 M i*z...inp
W111-AZEAS, ord
.
np inippse illws..or IV;flaltic,̀ . on [Plabn0k]for fii furc-to1*.vo-.v-.idc, th . ..- 1106*t.,_:••..
CIOAS'. Id. at i 6
di at0to1ht*
el.
'NOW 'j'jIVgE.f.(.~-g.L-
. .
...
2 i
Caun
'. s in
I The GOVctMriwht ligrc6-- lvith'.1ts-ftc! W 411 M ali titi to abide by -the 'let-IIIs p
WD. Pit, Duc. 101", as. it,rol:wes'.. 1:0 Ole (ykjocti'Onabil-c: Cuiverage.: J."he (-ii ti
accordinuiv NYM treat Plaintiffs and dieir.health plans. inicluding their insurance mstiers:md,"or
.
third party administnators in connecti*Oji with dit)M: health plans.. as :ckimjwl ft-Oii the
ro'gulatio(I -or -ag-c11c,y *jxAicy.'incItides an v - t<~0U[N10ent th W.KaitIti ITS' IIICI r'- I11-s'(I isN*., rs'; or
their thh &nartv. adminls* tors PTpyide: 6f'tW. ObJ.cc-'tionaible. Cover ge thro igh ol In*
mayr quir-c-am-itc
phm):
4 of K'
C. PlaintiITs o(Aie
-jr hdalthj!~ms, iiiii -not,be:rs qUired to py .:f(.)r the prpAgion of-the:
playis maY not be used: b.), mv Paso:K) obtain and' cat' the products or veryimsz,
Included :w1h.hin the Obfi=66nah-1c. vC.'rage, or' pay ilchl or'r6tt burs MOW
c~el Grate tn. individ titals..i.a.as.c.pm ate and distinct health plan
-ab-d:
P. 115,
.
.11.e..:(jpvcrinnent. rui-ther agree, :in liti-lit 6f'itue-rini relid Ordered by. several
the.
be. -terms of this agrcenient:
..NOtNN4tIistandhig.jW AgNc-ftWtit.
P. . . .-..Ahe
. .~ PlitiAtiffs.rOtit: I (I..IOr
. . .., . . . : . . JI.) j 11011 It..g-.al: rhjho.'.
lich action on
., ordunds choose (including the.C.-onmitution. fe-deral law-. ande"or this
AgreemenO.
... ... . : NkAlingy.here-iii ~hall be Colls*trMwd'-w-, an adin'
womon or ind iQatiou- that -lily law,
are necessally totmIlinatc the. I-Aligation, If! (.7hrist, 7*1-: find "I'li, i6ninv Alliance
.Ftwndafion.. plaintiff's will voluntarily dismiss their cross-appeal LITICIer Federal Rule of*
jbhitly- file Aijiulatkfris 617'dishilW1 i* nl0flotis fiat disinissal under Federal Rule -of O-Vil
2683634n.ca
. .. Agreeirient
- and keleaw entered into by
I the l"ail'le*s.
S. "I'lle parties.: -agree that Iliis..Ag reemenCe-o nitrites a good-Uth settlement of tile
Litigation. f'or g~.md* arid valuablecoqSid ratOn imid a&AoWkdb-e that. it i.~* entered i46 ftMv
-:wId whintarity.
by them and tivit each of them has received independent IeLml advice from -their re.s-i)cdT-'w:
:.the- Goovernit ent. and sunersedes all pt tor a rc entents, negol kitions, and discussions between-
resped ".e Parties further ackno-wied - and agree that thicy. wilt make m)
7-of~'l2:
claim at any dru. or place flututhis Agreement lizis be n (wally: supplemenied. modii'lied, or
altert.d.
11. All
behalf
indkmcd AbOve.
8 Of*12
ON REHAI-X OF PLAINT'll.F-Sr.~
tomck".I KacsnuI(*A-
Flics'l,
2001W i MAO'Pkwy.Suite 1:600
P'anc,"YeXas 751),7i
r.6
Deputy Assktant Attorney (icheral
(.,;Vil 6ivis.ioai US. Department of Justice
91:10 flemmylvania. Avenue. NW . .
Washinalon, District. otColumbi t. /20530
.1
'mmsel for th (iovermitent
'Ch it
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r.4- wid Founa
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. .. foc., d'Wahell
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Chpi-slkiii 'l-Illarux'. Fi.Iwdviim. Inn:,No..2- NoV.
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. 7.. 1.5)-.1 16
. 35
. 111ll i
.
O.r -v Dan el -qL No- kl*cv-675 U.".D. fe-x,).
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.40-W-i c;A Cir')
t I ("."
12:of 12:
SETTLEMENT AGREEMENT AND RELEASE
his official capacity as Secretary of I Iealth and Human Services: R. Alexander Acosta,in
his official capacity as Secretary ofLabor: Steven 'I'. Mnuchin. in his official capacity as
Secretary of the Freasury. the United States Department of f Iealth and I Inman Services:
the United States Department ol'Lalwr: and the United States Department ofthe Treasu" ).
by and through their undersigned counsel, hereby enter into this Settlement Agreement as
follows:
I. Defendants shall pay Plaintiffs the amount of one hundred fifteen thousand
dollars ($115.000.00) in full and complete satisfaction of Plaintiffs' claims for fees, costs. and
litigation expenses in Dordt College v. Burii-ell, No. 5:13-cv-04100(N.D. Iowa, W. Div.), No.
2. This payment shall constitute full and final satisfaction of any and all of
Plaintiffs' claims for fees, costs, and litigation expenses(both past and future) in the above-
captioned matter and is inclusive of any interest. The payment shall be made after the above-
Freedom.
4. The payment will be made by checks consistent with the normal processing
procedures and regulations of the U.S. Department of the Treasury, including offset.
forever discharge Defendants and their successors, the United States of America, and any
department, agency, or establishment of the United States. and any officers, employees, agents.
I
successors, or assigns ofsuch department, agency,or establishment. from any and all claims 1or
G. The parties acknowledge that this Settlement Agreement is entered solely ii0r the
purpose of settling and compromising fees, costs, and litigation expenses in this action without
further litigation. and it shall not he construed as evidence or as an admission regarding any iSsuc
regarding Plaintiff's' entitlement to. or the appropriate amount of. attorneys- fees and other
litigation costs. This Settlement Agreement shall not be used in any manner to establish liability
or amount for ices, amounts. or hourly rates in any other case or proceeding.
effectivc once it has been signed by all of the signatories identified below.
i~
Dated: -~ oC o l
Dordt Colic
Dated: >11;5'
Canurstot>University
Da(~a:
4&.4gtb A,-A4d;-, ree.1*03'.
Counsel,/in, Pluirrlij~;
2
Dated: 1- 31- !S'
Deputy Assistant Attorney General
United States Department of Justice
Civil Division
Washington. D.C. 20530
3
SETTLEMENT AGREEMENT AND RELEASE
Plaintiffs (Johnson Welded Products, Inc. and Lilli Johnson) and Defendants (Eric D.
Hargan, in his official capacity as Acting Secretary of Health and Human Services; R.
Alexander Acosta,in his official capacity as Secretary ofLabor; Steven T. Mnuchin, in his
official capacity as Secretary of the Treasury; the United States Department of Health and
Human Services; the United States Department ofLabor; and the United States Department
ofthe Treasury), by and through their undersigned counsel, hereby enter into this Settlement and
1. Defendants shall pay Plaintiffs the amount of five thousand dollars ($5,000.00) in
full and complete satisfaction of Plaintiffs' claims for fees, costs, and litigation expenses in
Johnson Welded Products, Inc. et al. v. Burwell et al., No. 16-00557 (D.D.C.). This payment
shall constitute full and final satisfaction of any and all of Plaintiffs' claims for fees, costs, and
MI 48113.
b. The payment will be made by checks consistent with the normal processing
including offset.
2. Upon execution ofthis Agreement, Plaintiffs hereby release and forever discharge
Defendants and their successors, the United States of America, and any department, agency, or
establishment of the United States, and any officers, employees, agents, successors, or assigns of
1
smh dopotbjem oW, :-011' C's Imell .-TO g ap
fl'row: ... v 'al,1....
6-61f .. . ...M fdr I O."S, C6..,-
. dal v, Ofigatbici.~I
. ..
"Pei scs fil comi-ce..tIon xmith t14 flitigat1ott
Wd
li.cs Rc-k~ now:
-i""I'd6e
C. that, thi~ greolnl...
ent isk:..n ... . A ...
-S6IeU`f
. .. ...1. r6r thi~- kifbelk- bf`'
Iffig%i60- Wid R,s-W..I i.O..t:.b.~ . .Ak..U. 0.'.6d&Me:-dr 44'11041r arAingtly. 1,~s, -~Y.fIaw
& 'This-Agr&-ibent:iTi - big 6-keuutt~d M,fksir.n He slqnaturc::PW and-4n -one o.r.: mfmv~:
shall bedeemedho
:one
..... .....
Mqwd-
Alihbu* WcAkd Pkoftcts., hic,
.. .. .. ......
..APMEIUCAN
. . .. .... .. FREEDONT'LAW CON"
2:
Ifiv Dated:
by and between Johnson Welded Products, Inc. and Lilli Johnson ("Plaintiffs") and the
United States of America, acting by and through Eric D. Hargan, in his official
his official capacity as Secretary ofLabor; Steven T. Mnuchin, in his official capacity as
Secretary of the Treasury; the United States Department of Health and Human Services;
the United States Department ofLabor; and the United States Department ofthe Treasury
RECITALS
al. i~ Burwell et al., No. 16-00557(D.D.C.),in which Plaintiffs allege that the Government
has, among other things, violated the Religious Freedom Restoration Act CRFRA"),
U.S.C. § 300gg-13 that required Plaintiffs to take actions that facilitated the provision,
through or in connection with their health plans, of Food and Drug Administration-
and related patient education and counseling to which Plaintiffs object on religious
C.F.R. § 2590.715-2713A (Sept. 14, 2015), 29 C.F.R. § 2590.715- 2713(a)(1)(iv) (July 19,
1 of 10
2010),45 C.F.R. § 147.131 (Sept. 14,2015), and 45 C.F.R. § 147.130(a)(1)(iv)(July 19,2010)
(the "Regulations").
Treasury have issued new regulations affording Plaintiffs an exemption. 82 Fed. Reg.
13/pdf/2017-2185 I.pdf.
application of the Mandate to certain objecting employers [i]s [not] necessary to serve a
compelling governmental interest," and that "alternative approaches can further the
interest the Departments previously identified behind the Mandate." 82 Fed. Reg. 47,792,
I 3/pdf%2017-21851.pdf.
Government "to vigorously enforce Federal law's robust protections for religious
freedom," and to "exercise all authority and discretion available ... to waive, defer, grant
[Affordable Care] Act that would impose ... a cost,fee,tax, penalty,or regulatory burden
on ... health insurers,... [or] purchasers of health insurance." Executive Order 13798,
2 of 10
Order 13765, Minimizing the Economic Burden on the Patient Protection and Affordable
WHEREAS, after years of litigation, the Supreme Court considered the claims
in these cases and, instead of resolving the legal issues, remanded the cases to allow the
parties to "resolve any outstanding issues between them." Zubik v. Burwell, 136 S. Ct.
1557, 1560(2016).
may not impose taxes or penalties on [Plaintiffs] for failure to provide the ... notice"
WHEREAS,the new regulations, the Supreme Court's remand order, and the
WHEREAS, it is the desire of the Parties to resolve finally and permanently all
disputes, asserted or unasserted, arising out of, or related to the matters set forth, alleged,
contained herein, including the discontinuation of the pending Litigation, and for other
good and valuable consideration hereby deemed received, the Parties agree as follows:
TERMSOFAGREEMENT
1. The Parties agree that, under the Supreme Court's decision in Burwell v.
Hobby Lobby Stores, Inc., 134 S. Ct. 2751 (2014), the Affordable Care Act's "contraceptive
3 of 10
19,2010), would "impose[] a substantial burden on [Plaintiffs'] exercise of religion," id.
at 2779, and "violate[] RFRA," id. at 2785. The Government therefore agrees that the
2. The Government agrees, with respect to all Plaintiffs, to abide by the terms of
(W.D. Pa. Dec. 20, 2013), as it relates to the Objectionable Coverage. The Government
accordingly will treat Plaintiffs and their health plans,including their insurance issuers and/or
third-party administrators in connection with those health plans, as exempt from the
regulation or agency policy includes any requirement that Plaintiffs, their insurance issuers, or
with Plaintiffs' health plans) may provide health coverage without the
separate and distinct health plan or other arrangement that is separate and distinct
4of10
C. Plaintiffs or their health plans may not be required to pay for the provision ofthe
plans may not be used by any person to obtain any of the products or services
therefor,-
and
Coverage is not covered by the plan or notice provided for in footnote 1 of this
plans.
5of10
C.F.R. § 147.131, as they relate to the provision of any of the Objectionable Coverage
courts, including the Supreme Court in Zubik, that neither Plaintiffs that are party to this
Agreement nor their health plans, insurers, or third-party administrators acting in connection
with Plaintiffs' health plans shall be subject to any penalties or other adverse consequences,
since August 2011, as a result of their non-compliance with any law or regulation requiring the
provision of the Objectionable Coverage that the government is prohibited from enforcing by
5. Notwithstanding this Agreement, the Plaintiffs retain their full legal rights to
challenge any new law, regulation, or other requirement that the government may enact or
impose relating to the provision of Objectionable Coverage and to challenge or defend against
such action on any grounds they choose (including the Constitution, federal law, and/or this
Agreement). Nothing herein shall be construed as an admission or indication that any law,
el al., No. 16-557(D.D.C.)under Federal Rule of Civil Procedure 41. This Agreement shall not
' The effective date of the withdrawal may be contingent on proper notice being given to
participants. If contraception coverage is currently being offered by an issuer or third-party
administrator, the cessation of coverage would be effective no sooner than the first day ofthe first
plan year that begins thirty days after the date of this Settlement Agreement (to allow for the
provision of notice to plan participants in cases where contraceptive benefits will no longer be
provided). Alternatively, sixty-days advance notice may be given pursuant to 42 U.S.C. § 300gg-
15(d)(4)if applicable.
6of10
7. The Government agrees to pay Plaintiffs $5,000 in costs and fees as set forth in
8. The Parties agree that this Agreement constitutes a good-faith settlement of the
Litigation for good and valuable consideration and acknowledge that it is entered into freely
and voluntarily.
9. The Parties further agree that this Agreement has been fully read and understood
by them, and that each of them has received independent legal advice from their respective
attorney(s) as to the effect and import of its provisions. The Parties further- agree that this
Agreement is being entered into for the express purpose and intention of making and entering
into a full and final compromise, adjustment, and settlement of all claims which were or could
10. This Agreement constitutes the sole and entire agreement between Plaintiffs and
the Government, and supersedes all prior agreements, negotiations, and discussions between
the Parties with respect to the subject matter covered hereby. It is expressly understood and
agreed that this Agreement may not be altered, amended, waived, modified, or otherwise
changed except by writing, duly executed by authorized representatives of Plaintiffs and the
Government, respectively. The Parties further acknowledge and agree that they will make no
claim at any time or place that this Agreement has been orally supplemented, modified, or-
altered.
11. All signatories represent that they have authority to enter- into this Agreement on
7 of 10
12. This Agreement may be executed by facsimile signature, PDF,and in one or more
counterparts, each of which shall be deemed to be an original, and which shall together constitute
indicated above.
8 of 10
FOR PLAIN.."JIFFIR!
.
AMERICANTREEDONI LAW CENTI,R
k"'Ounwel.Am:plaim-O~
9 of 10
IL.
.10 of 10
SETTLEMENT A(AME-MENT AND RE'LEASE
. i) hi,
; offlicial
,s A0i ng, S&retary oF I-Tealth and Rtmian Sm-ices- R, Alexandel- Amsta,in his official
thrmigh their undersigned coun,*O, hereby enter mto this Settlement Agreementai follows:
forever discharges DefeWants and their successors., the l.fniwd States of America, and any
klepartme.m., ageney,or cAublishment of'the L.Iffilled States, "Ind any officers, employ(Ics, agents,
stieces-.,om, or assigns of'sitch,delmrtownt, agency, mestablinhmem, rroniany. and all claijm, for
I
3. I'lie paril s acknt)wledge that This Sett;cI-rent Agt;ement is entered solely for the
purpose ofsettling and compromising fee's, costs, <and litigation mpenses in this action without
further litkation, and it shall not N!construed as evidence. or as an admission regarding; any iSstw
r;:g;arding plaintifl't` vn itlement to or the appr(arHate ainount of, attorneys' fees and ether
i>:i aticin c.ast:;a. 'i'1~ 5 4r ttli.iriant grc.4inen€ sli:il.1 not be used in any inaianer to es-t:ablish liability.
or mnouiat for it-es; amounts,or hourly mates in. any other casse cur proceeding.
effective once it has beei. sif ned by all of il:c signatories ,identified below,
✓r
Dated: i! /*
j'tnion University
$y:.
_Samuel W."Dub" tl ver, MD.
t
Dated: i ~
We Cunder i
Rviney Kier Ri
eviere & Bell
lib
I-I I "A
bepuh,Assistant All.orm~Y'(3616raj
QlA te-s I)CPitament.ofjustic..C..
Vashing
Q)tovkc fil.c
i mado. this V) olay-of NN:)"Vilmber
Y R.,
wsS,ecmtar% 1-abol'. Ste-v-.01 T. N-4-€a#,w6it -it) his. 'Micial C. nad.tv as...-Skwx 661 6-j.
Ilk-.. (.Pniied- staws, De.01'1`11,110U..61' 1+;,talth and Hmpp.n 'Stm-vice-S-1 tile. .1jil.ited
R.E. ITALLS:
W1.11A. 'AS 016v ig now pen diA bg. lawsm it4f): Chi
".0 r.1J Burvv~--11'0
vrounds, (111c.. Oti mionabic'. Covaage,). The. 1`4aotdafil-j w& f-bund --ac 26
54.9-81.;2713M 1t#1 }, 26
pi. 1.4..2 P` It, fil. 3 A,(1)(k):("I ply - 1:0.. 2-010
(..If 10
-0 5j"ll 11, 14-73"1 (Sc*pc 14. 201`1:4110 4
- 5 CF; 147.110'ity(l th Iv 1:
WHERE :at
'I~"'r Vd~' -the Su Iv~w. Co.u*ri.6c'.ios ~i~cd (N-
c hims
in thesc.* C***tk*l*S* Lk*FW4. ilixtiead 4-rpsolviag, die. legsal ISISLIeS. remanded dIe:c ASS.§ bl" 'm ld;vk: tla :
4111c TO. N.s tinv ..mitStaMthl- " A.VAJ th.N.' Zfibk Bue-we/1". 136.S; C L
r
v
' %o v; :k04
burden 0.11 ... _:nj*,,.)jj putc.diascrs.(if hc-alth ihs I..'cl FACCU1.4,e~ Ordc
'.I.o F fO
01P f
§ r'). p1m: f oz :6.1 inv., -m-H:r.)lT-VLZ ot, f0l,1.OZ 0,1
kj I T)~E.A LZ 86 - Pli:
RTV* ..Z.All
1"dA dilq: tq tiols.p.1p -s,: !)Ii'" :".?Lj
"UNCIA-AW31.41 ,~XONN
)14'1 Ul
u91, III P~.jxlssf,
- IOU J lh11MIM,
Ij A '0 'it 'R V
~~ivaidn' '14" "'.1 mL
I-L f0i, ())
1' 13 OWL '008
A I .R3,V13CIN I~)ij ~yjj Jdr x
J'01 'S68l1*Mf,%l A6 '661 IT, g m'; ::"),Ip Lj,
-1.3 X(A.
at. 27714. ;-m d. '•4•.k*Aawj j I l` A." in at 2'. 8° ,,"% 'T11c ('k) 4crj1€1.1i':I1t:
tlizrtJf:lre itSlF'F'i?i that the "cont:';FcCE~e.it3€) r31elE'}LIcFl4'~~:€s ti St#'if?e.('.'!3 I<~t7~.F/t3?.~()~)1?f c<.ilF1f51 b4:
I~: gall, ciitiar~`4c1, t ~?ier ~l i ,;t*~6.tiF1;;r. i'€trEttE t c~#' its 1E Ftih plan..
The G overnmem agrees, with respect: to Plaintiff; to abide by the thins of thc:
N-rmanent; infu► ction:ill.lubik v. Subelius. 13- ~;tiA,459: I:3-cv-',103. 2013 W'.t 0922024 W.D.
Pa. Occ 't?. '?t11 1, as `it relates tit OW 01~*0011abk- Coverage- T1ic Government accoriling"k,
will treat Plaintiff :a.pd its health.: plait, including its in.suranev issuer ati&or third parn
administrator ira connection with its health plan, as exempt from the Regulations car arts•
policy includes any requirement that Plaintiff iizs imuranct issUwF'; i* r its third-party
administrator I~t`o ide any' of this O? Iecflonable fi:`overa~g thrroE~stli or in connection with
Plaintiff's health plan') may provide health coverage without the 01:jectiosable
Coot rwa,c, and no provCdure. fir providing any of the ilb ectionahie Coverage
any health plan sponsored by Maintift: but instead must be pro idett:tltrow,
Ih a
separate and distinct health plan or othcr iFrrangement That is separate and
plans may not hc• used by ajiy person to. obtain any of the produa~ or service's.
tlle:ret%tic:
C` 3v,er,m
, K% anti
g,
Any communications.regarding the (, bjectiona:bk.. Coverage. other than
disclosures in plan doetttalents. required by fedtral ltvk~: that the. E';<l li;c;t,iofulble
Coverage is not covered by the plan or notice provided ror in footnote l of this
health plan:
i s;t*r tE:€ci. c.~t' :tltlt ct-lzt.t t~' atilministrauar; pursuatlt 629 C .~JZ.,. § _159(0 15-2-71 *.1 and 4
or I t).
i., R, 147.f::1 <t tl.tey rel~ttY u.) the pio'Vi;iifi;.;~f a3£tc i~t'tltc 4:tk?i~~€ c:l€1£'~~14 (:;ttL'writ ,,
coins. including. the Suprente ('7urt in AM% that: neither Plaint.ift' that is party to this
Agreement nor its health phin. insurer, or third-pety administrator acting in vmneetion with
P iii€tiff's health plans shall he:ub#tct 10 t£ty DenUltic> or rafter ;dvers~ 4:ttttseyuin~ei:::siiZci'.
-'august '4011, as a result of its nc'111-COMI>lianc;e «ith any law or revulation requiring the
5. l' otkVithstanding this Agreement. the Plaintiff` retzOns its full loyal rights to
challew and,; new law.. ri.gulmion, or other requirement that the f overnment may en iet etr
iEmp:)si; relating to the provision of01-t e:tic}€ialsl~a t <~verage ainfl tt~ rlia!lc nige or de(4niJ against
such 'action on an\, grounds it cht+ows (iiiclt£diiig the Constitution, federal fare. anci.W thi
Agreement). Nothing liercin shi fl be construed as an.admission ,or indication that tiny- lavy.
' "l'lie e.fii:ctive dale of the xvididrawal lnz£k• be coming nt on proper notice being liven to
participant, ', 11' contraception cvwcrage is curremft Ming off4red by an issuer or third-part..
adhlitiistr;ator5 the cesSatiOit of%o\.erap would be e ffi ctive no sooner than the firs[: day of the
first plan year that: tvtsini.Atirtv days ;if er the elate of(his Settlement Agreemenu(to aflow fiat the.
provision £tc.it.ice; tit plan participants in cities where conttateptive benefits will no longer be
prOVidedi. Ahern;:6vely sixt4-da s advance no ice may be given pursuant to 42 U&C. § 34)ogg-
€50)(4)if applicable.
6 of 10
71 (lovernincill aorW-81' !lay "MAII'lit tY $W000.00 in fi cis is -set
iind lKilu'lihifily.:
1.1*: Poii6. flurther. figive: 11-lat -this A-gracment 'has: two WIN read and:
the Giovem(Tie ii and stqwrsvdc all prior 4--re.c.in . t.& o& tiatioris. and discussio. s, be-t-x
'2" ... . on"
Ageee& th,at., glib, Al're*0n0** *n*t* to ye pot: be. il[tered, amended, waiv'. mod i rie'd. cat othen. v6w,
. -
-chtmOvoo. 0.1Kcc:Pt bV .-Writing, exe.puted bv: authotiz.<M
Covidimefit,* rcspep'.fi:w.*lv., The flurifie"'Wk.Ro%NACd_gc Ind agree that they Will m*akp**n(-.).
aifn at aiiy time or pluce:that this Agreement. 1w, lxm orally SL[Pple[Ulftd. modified. or
7:'ofio
I.].. This Agreement may be executed by facsimile signature, PDT', and in one or more
counterparts, each.ofv<bicb shall be deemed to be ar original, and which shall together constitute
IN WITNESS WH,lwltll*O , this Agreement is executed as of the date and year first
indicatedl'bove:
ON
BEHALF OF UNIt3NT UNIVERSITY:
U IIONt UNIVERSITY
8 Of 10
ON 111"TIALl" 01""I'lit"GOVE"RNMEN!"I"
It
4J 1
Deptity AssistamAttonicy, General
Civil Dk. t..s, [)cp'~Artmoll of
(M Ponsvivallia'A~ entle. N W
Washington:, Oistrict ot'(. olumbia 2053
,0
i
cwnsel
9 of,10
AND !tlJA"'AOSE,
ie tiii<i.er <'~c st{s:, i~i:hi c l'fi4sryl urk jai itV ~t , £~cretar}:..'I abot' stev. iy. T. M
luchin, ill his
Human Servicos; the Utntted States be-partf ent ofY::i'k orx and tbe- :
.111itej StAtos Deparubent .
Ordle'lrct;scury), by:and throng their - un-dirsx.gmd counscl, hereby enter into thhN. Sc ttlei ent
1.. Defet3tlaklls shall pyPhu ntiF s the amount ofimm hundred seventy ?.eve thousand
Mc?.1, l# o . 1:3-3528 and iii-3831 (~tl C ii ), i Ills ps:y~met~€,:51t<xtl cnttytittstc~ !till and final
satMktto~sl of ariy and all cat(Plaintiffs' claims:Jbv fries, casts;and.litigation expenses in:the
"Ousen
't..c ;W:t#::ti:n.cl Aelz- l,t;° 101:;'f'A Account"
`f'his is ;ltc; jaw ftriiva oictll trust Ac utnt. 11e chcok should be nmilcrl to
including c>.ifsc;€.
~. U:iacrn execution Ofl iS.'(Sm tlement Agreertteatl; Plaintiffs hereby: release: and
1
dcprtr!oi States,alufally offic'ers,
aloc"essms, Or amidgtis ofiuc.b dmi- I' or-estab, tt .,Oni anyand all claLn-vs-for
fb-~;:-wsfs' or R:4 oll expoxwc.*s fn:.,v-Onmv,ion
3. llne nal-mS nt{-ixwvkdoge ihat idlis SelticnIoll -A -C~-vu'm i ..n ** td svIOV an. the
4... T.Ms.-S.quic6xm.Agranrcm
.,. which
... .. -may ha countuparts,9flaRN
ft.has hcco all 6f,the ... .. .. ... b-clow.
.40
. ft-,D.A NU)A U-I11EED.
.7
...................... . ..... .
2.
Daled~.
Deputy Assisla
(IiiitedStates
3-