GROTE v. SEBELIUS
WILLIAM D. GROTE, III, et al., Plaintiffs-Appellants,
KATHLEEN SEBELIUS, in her official capacity as the Secretary of the United States Department of Health and Human Services, et al., Defendants-Appellees.
United States Court of Appeals, Seventh Circuit.
January 30, 2013.*
Before JOEL M. FLAUM, Circuit Judge, ILANA DIAMOND ROVNER, DIANE S. SYKES, Circuit Judge.
The following are before the court:
1. PLAINTIFFS-APPELLANTS' MOTION FOR AN INJUNCTION PENDING APPEAL, filed on January 11, 2013, by counsel for the appellants.
2. OPPOSITION TO PLAINTIFFS' MOTION FOR AN INJUNCTION PENDING APPEAL, filed on January 17, 2013, by counsel for the appellees.
3. PLAINTIFFS-APPELLANTS' REPLY IN SUPPORT OF THEIR MOTION FOR AN INJUNCTION PENDING APPEAL, filed January 24, 2013, by counsel for the appellants.
Members of the Grote Family and their company, Grote Industries, appeal the district court's order denying their motion for a preliminary injunction against the enforcement of provisions of the Patient Protection and Affordable Care Act ("ACA") and related regulations that require Grote Industries to provide coverage for contraception and sterilization procedures in its group health-insurance plan.1 They have moved for an injunction pending appeal. See FED. R. APP. P. 8. We recently granted such an injunction in a similar case. See Korte v. Sebelius, No. 12-3841, 2012 WL 6757353 (7th Cir. Dec. 28, 2012). As explained below, this case is materially indistinguishable. Accordingly, we consolidate this case with Korte and likewise grant the motion here.
The Grote Family owns Grote Industries, a privately held, family-run business headquartered in Madison, Indiana. Grote Industries manufactures vehicle safety systems. The company has 1,148 full-time employees working at various locations and provides a group health-insurance plan for the benefit of its employees. The plan is self-insured and renews every year on January 1.