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Lind Declaration

Lind Declaration

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Published by TravisPhillips

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Published by: TravisPhillips on Nov 28, 2012
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11/22/2013

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1
UNITED STATES DISTRICT COURTFOR THE DISTRICT OF MINNESTOAANNEX MEDICAL, INC.
;
STUART LIND
,and
TOM JANAS
Plaintiffs
,
v.
KATHLEEN SEBELIUS
,
 
in her officialcapacity as Secretary of the United StatesDepartment of Health and Human Services;
 HILDA SOLIS
,
 
in her official capacity asSecretary of the United States Department of Labor;
TIMOTHY GEITHNER
,
 
in his officialcapacity as Secretary of the United StatesDepartment of the Treasury;
UNITED STATESDEPARTMENT OF HEALTH AND HUMANSERVICES; UNITED STATESDEPARTMENT OF LABOR;
and
UNITEDSTATES DEPARTMENT OF THETREASURY
,
 
 Defendants
.Civ. No. 12-cv-02804-DSD-SER
DECLARATION OFSTUART LIND
Declaration of Stuart Lind
I, Stuart Lind, make the following declaration from personal knowledge pursuantto 28 U.S.C. § 1746:1.
 
I am citizen of the United States and a resident of the State of Minnesota.2.
 
I am the founder and president of Annex Medical, Inc., a Minnesotacorporation that designs and manufactures medical devices.
CASE 0:12-cv-02804-DSD-SER Document 11 Filed 11/21/12 Page 1 of 9
 
2
3.
 
I am also the founder and president of Sacred Heart Medical, Inc., aMinnesota corporation that sells and markets medical devices manufactured by AnnexMedical.4.
 
I founded Annex Medical in the basement of my residential home in 1988.In 1989, Annex Medical moved into a commercial facility. In 2000, Annex Medicalmoved into its current facility, located at 6018 Blue Circle Drive, Minnetonka, Minnesota55343.5.
 
Annex Medical was incorporated on September 18, 1988.6.
 
Annex Medical has been a family-owned business since 1996. Itsshareholders consist exclusively of family members—me and the estate of my recentlydeceased father, Dean Lind. I own 202,782 shares of Annex Medical stock, orapproximately 96.5 percent of the shares, and the estate of Dean Lind owns the remaining7,208 shares.7.
 
I am a devout Catholic and am steadfastly committed to following thereligious, ethical and moral teachings of the Catholic Church.8.
 
I attend Holy Trinity Parish, where my pastor is Father John Echert.9.
 
I sincerely believe and strive to adhere to Catholic teaching on the sanctityof life, including the belief that contraception, sterilization, abortion and use of abortifacient drugs are intrinsically evil and immoral because they are capable of preventing or destroying a human life. (
See
Verified Complaint (“VC”) ¶¶ 47-52.)10.
 
I sincerely believe and strive to adhere to Catholic teaching on providingfor the physical needs of my employees. (VC ¶¶ 56-57.) Consistent with this teaching, I
CASE 0:12-cv-02804-DSD-SER Document 11 Filed 11/21/12 Page 2 of 9
 
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sincerely believe I have a moral and religious duty to provide for the physical needs of my employees. As part of my commitment to fulfilling this duty, I provide a group healthinsurance plan for Annex Medical’s employees and their families. I consider providingthis group health plan to my employees to be an exercise of my sincerely-held religiousbeliefs.11.
 
I strive to adhere to Catholic teaching in all aspects of my life, includingmy operation of Annex Medical.12.
 
I personally wrote Annex Medical’s mission statement to reflect mycommitment to adhere to Catholic teaching in the operation of my business. AnnexMedical’s mission statement readsThe mission of Annex Medical, Inc. is to manufacturemedical products of high quality and good value, whileconducting business in a way that is pleasing to God and isfaithful to Biblical principles and values. We will accomplishthis mission from a Christian perspective that respects otherswho believe differently while sharing the joy we havereceived from Jesus Christ.13.
 
In 2001, I officially and publicly consecrated Annex Medical and SacredHeart Medical to the Sacred Heart of Jesus. Consecration to the Sacred Heart of Jesus is aRoman Catholic ceremony recognizing the Kingship of Jesus Christ, in this case, over mybusiness. This consecration is both a public profession of my faith and a formalcommitment to operate my businesses in accordance with the teaching of Jesus Christ. Atrue and correct copy of the invitation to this consecration is attached as Exhibit A.
CASE 0:12-cv-02804-DSD-SER Document 11 Filed 11/21/12 Page 3 of 9

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