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CHRISTIAN AND MISSIONARY ALLIANCE FOUNDATION, INC. v. BURWELL

Case No. 2:14-cv-580-FtM-29CM.

CHRISTIAN AND MISSIONARY ALLIANCE FOUNDATION, INC. dba Shell Point Retirement Community, dba Chapel Pointe at Carlisle, THE ALLIANCE COMMUNITY FOR RETIREMENT LIVING, INC. dba Shell Point Retirement Community, dba Chapel Pointe at Carlisle, THE ALLIANCE HOME OF CARLISLE, PENNSYLVANIA dba Shell Point Retirement Community, dba Chapel Pointe at Carlisle, TOWN AND COUNTRY MANOR OF THE CHRISTIAN AND MISSIONARY ALLIANCE dba Shell Point Retirement Community, dba Chapel Pointe at Carlisle, SIMPSON UNIVERSITY dba Shell Point Retirement Community, dba Chapel Pointe at Carlisle, and CROWN COLLEGE dba Shell Point Retirement Community, dba Chapel Pointe at Carlisle, Plaintiffs, v. SYLVIA MATHEWS BURWELL, in her official capacity as Secretary of the Department of Health and Human Services, UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES, THOMAS E. PEREZ, in his official capacity as the Secretary of the United States Department of Labor, UNITED STATES DEPARTMENT OF LABOR, JACOB J. LEW, in his official capacity as Secretary of the United States Department of the Treasury, and THE UNITED STATES DEPARTMENT OF THE TREASURY, Defendants.

United States District Court, M.D. Florida, Fort Myers Division.

February 3, 2015.

Attorney(s) appearing for the Case

Christian and Missionary Alliance Foundation, Inc., doing business as Shell Point Retirement Community, Plaintiff, represented by Christopher Adam Roach , Adams & Reese, LLP, Matthew J. Kacsmaryk , Liberty Institute, Stephanie Marie Martin , Adams & Reese, LLP, Jeffrey C. Mateer , Liberty Institute, Jeremiah G. Dys , Liberty Institute & Justin E. Butterfield , Liberty Institute.

The Alliance Community For Retirement Living, Inc., Plaintiff, represented by Christopher Adam Roach , Adams & Reese, LLP, Matthew J. Kacsmaryk , Liberty Institute, Stephanie Marie Martin , Adams & Reese, LLP, Jeffrey C. Mateer , Liberty Institute, Jeremiah G. Dys , Liberty Institute & Justin E. Butterfield , Liberty Institute.

The Alliance Home of Carlisle, Pennsylvania, doing business as Chapel Pointe at Carlisle, Plaintiff, represented by Christopher Adam Roach , Adams & Reese, LLP, Matthew J. Kacsmaryk , Liberty Institute, Stephanie Marie Martin , Adams & Reese, LLP, Jeffrey C. Mateer , Liberty Institute, Jeremiah G. Dys , Liberty Institute & Justin E. Butterfield , Liberty Institute.

Town and Country Manor of the Christian and Missionary Alliance, Plaintiff, represented by Christopher Adam Roach , Adams & Reese, LLP, Matthew J. Kacsmaryk , Liberty Institute, Stephanie Marie Martin , Adams & Reese, LLP, Jeffrey C. Mateer , Liberty Institute, Jeremiah G. Dys , Liberty Institute & Justin E. Butterfield , Liberty Institute.

Simpson University, Plaintiff, represented by Christopher Adam Roach , Adams & Reese, LLP, Matthew J. Kacsmaryk , Liberty Institute, Stephanie Marie Martin , Adams & Reese, LLP, Jeffrey C. Mateer , Liberty Institute, Jeremiah G. Dys , Liberty Institute & Justin E. Butterfield , Liberty Institute.

Crown College, Plaintiff, represented by Christopher Adam Roach , Adams & Reese, LLP, Matthew J. Kacsmaryk , Liberty Institute, Stephanie Marie Martin , Adams & Reese, LLP, Jeffrey C. Mateer , Liberty Institute, Jeremiah G. Dys , Liberty Institute & Justin E. Butterfield , Liberty Institute.

Sylvia Mathews Burwell, in her official capacity as Secretary of the Department of Health and Human Services, Defendant, represented by Benjamin Berwick , US Department of Justice.

United States Department of Health and Human Services, Defendant, represented by Benjamin Berwick , US Department of Justice.

Thomas E. Perez, in his official capacity as the Secretary of the United States Department of Labor, Defendant, represented by Benjamin Berwick , US Department of Justice.

United States Department of Labor, Defendant, represented by Benjamin Berwick , US Department of Justice.

Jacob J. Lew, in his official capacity as Secretary of the United States Department of the Treasury, Defendant, represented by Benjamin Berwick , US Department of Justice.

The United States Department of the Treasury, Defendant, represented by Benjamin Berwick , US Department of Justice.

OPINION AND ORDER

JOHN E. STEELE, District Judge.

This matter comes before the Court on Plaintiffs' Motion for Preliminary Injunction (Doc. #20) and Plaintiffs' Request for Oral Argument (Doc. #22), both filed on November 5, 2014. Defendants filed an Opposition (Doc. #29) on November 19, 2014, to which plaintiffs filed a Reply (Doc. #35) on December 18, 2014. Defendants filed a Surreply (Doc. #37) on January 9, 2015, and plaintiffs...

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