CASE 0:12-cv-02804-DSD-SER Document 7 Filed 11/21/12 Page 1 of 2

UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA ANNEX MEDICAL, INC.; STUART LIND, and TOM JANAS Plaintiffs, Civ. No. 12-cv-02804 (DSD/SER) v. KATHLEEN SEBELIUS, in her official capacity as Secretary of the United States Department of Health and Human Services; HILDA SOLIS, in her official capacity as Secretary of the United States Department of Labor; TIMOTHY GEITHNER, in his official capacity as Secretary of the United States Department of the Treasury; UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES; UNITED STATES DEPARTMENT OF LABOR; and UNITED STATES DEPARTMENT OF THE TREASURY, Defendants.

MOTION FOR PRELIMINARY INJUNCTION

Motion for Preliminary Injunction
Pursuant to Rule 65 of the Federal Rules of Civil Procedure, Plaintiffs Annex Medical, Inc. and Stuart Lind respectfully move for a preliminary injunction to enjoin the enforcement against them and all others similarly situated of 1. The women’s preventive services amendment to the Public Health Service

Act, 42 U.S.C. § 300gg-13(a)(4), as amended by the Patient Protection and Affordable Care Act of 2010 (“ACA”), Pub. L. No. 111-148, 124 Stat. 119, and the regulations and guidelines issued by Defendants implementing the same, 75 Fed. Reg. 41726–60 (July 19, 2010); 76 Fed. Reg. 46621–26 (Aug. 3, 2011); 77 Fed. Reg. 8725–30 (Feb. 15, 2012)
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(the “Mandate”), requiring that all non-grandfathered, non-exempt, group health plans include coverage, without cost sharing, for “[a]ll Food and Drug Administration approved contraceptive methods, sterilization procedures and patient education and counseling for all women with reproductive capacity,”; and 2. The fines and penalties imposed by 26 U.S.C. § 4980D and 29 U.S.C.

§ 1132 on Plaintiffs and all others similarly situated for non-compliance with the Mandate on the grounds that these laws violate the Religious Freedom Restoration Act of 1993, 42 U.S.C. § 2000bb et seq.

Respectfully submitted this 21st day of November, 2012.

Kaylan L. Phillips (Ind. 30405-84)* Zachary S. Kester (Ind. 28630-49)* Noel H. Johnson (Wisc. 1068004)* ActRight Legal Foundation 209 West Main Street Plainfield, Indiana 46168 Telephone (202) 683-9405 Facsimile (888) 815-5641 kphillips@actright.com zkester@actright.com njohnson@actright.com Counsel for Plaintiffs *Pro Hac Vice granted Nov. 14, 2012

s/Erick G. Kaardal Erick G. Kaardal (Minn. 229647) Mohrman & Kaardal, P.A. 33 South Sixth Street, Suite 4100 Minneapolis MN 55402 Telephone: (612) 341-1074 Facsimile: (612) 341-1076 kaardal@mklaw.com Lead Counsel for Plaintiffs

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