Case: Iowa Protection and Advocacy Services v. Tanager Place

1:04-cv-00069 | U.S. District Court for the Northern District of Iowa

Filed Date: June 3, 4

Closed Date: March 9, 2006

Clearinghouse coding complete

Case Summary

This case is about a Protection and Advocacy agency’s (P&A) access authority to interview relevant parties during an investigation. Iowa Protection and Advocacy Services (Iowa P&A) filed this lawsuit on June 3, 2004, in the U.S. District Court for the Northern District of Iowa. Iowa P&A filed this lawsuit against Tanager, Inc., a private facility offering youth inpatient psychiatric services, under the Protection and Advocacy for Individuals with Mental Illness (PAIMI) Act. Represented by a pri…

This case is about a Protection and Advocacy agency’s (P&A) access authority to interview relevant parties during an investigation. Iowa Protection and Advocacy Services (Iowa P&A) filed this lawsuit on June 3, 2004, in the U.S. District Court for the Northern District of Iowa. Iowa P&A filed this lawsuit against Tanager, Inc., a private facility offering youth inpatient psychiatric services, under the Protection and Advocacy for Individuals with Mental Illness (PAIMI) Act. Represented by a private law firm, Iowa P&A sought declarative relief that Tanager violated the PAIMI Act by interfering with Iowa P&A’s investigation after a facility resident disappeared, as well as a permanent injunction requiring Tanager to provide Iowa P&A with reasonable access to their facility to conduct investigations. Tanager filed a counterclaim for defamation under state law against Iowa P&A and its Executive Director for public statements made about the investigation. The court severed the defamation claim from the PAIMI Act case. Judge Linda R. Reade presided over both matters.

In June 2004, Iowa P&A opened an investigation into a resident disappearance at Tanager. Iowa P&A requested interviews with two residents of the cottage where the resident lived before disappearing, but Tanager only allowed them to interview one resident. Iowa P&A opened a second investigation in July 2004 where they requested contact information for twelve residents of the cottage. Tanager only permitted interviews with four residents, with a therapist present, that passed a clinical status review and whose parents or guardians consented to the interview request.

In reviewing Iowa P&A’s request for injunctive relief, the court focused on whether Tanager provided Iowa P&A with reasonable unaccompanied access to interview residents during their investigation. The court rejected Tanager’s claims that Iowa P&A were a state actor subject to the Fourth Amendment search and seizure requirements, and that the PAIMI Act violated the Constitution. The court determined that Tanager unreasonably interfered with the investigation because they barred Iowa P&A from interviewing residents without the consent of their parent or guardian, and only permitted interviews with a therapist present. However, the court also found that Tanager acted reasonably when they reviewed resident’s clinical statuses before allowing interviews, and that Iowa P&A exceeded its PAIMI Act authority because they did not notify Tanager that they would not interview the four residents. Tanager removed these residents from their programming for that day so that Iowa P&A could interview them, and this unreasonably interfered with their treatment. The court stated that they should have notified Tanager at least 1 hour before the scheduled interview.

Ultimately, the court granted Iowa P&A a permanent injunction allowing reasonable unaccompanied access to the facility to conduct interviews despite finding that the plaintiff also acted unreasonably. Although Tanager appealed this decision on the grounds that the PAIMI Act violated the Constitution, the U.S. Court of Appeals for the Seventh Circuit found that the case was moot. On November 18, 2005, the case was dismissed with prejudice. On March 9, 2006, Tanager dismissed its defamation counterclaim with prejudice. The case is now closed.

Summary Authors

NDRN (10/28/2022)

Documents in the Clearinghouse

Document
1

1:04-cv-00069

Complaint and Request for Injunctive and Declaratory Relief

Iowa Protection and Advocacy Services v. Tanager Place

June 3, 2004

June 3, 2004

Complaint
21

1:04-cv-00069

Amended Complaint

Iowa Protection and Advocacy Services v. Tanager Place

July 15, 2004

July 15, 2004

Complaint
38

1:04-cv-00069

Order

Sept. 30, 2004

Sept. 30, 2004

Order/Opinion
78

1:04-cv-00069

Order

Iowa Protection and Advocacy Services v. Tanager Place

Aug. 24, 2005

Aug. 24, 2005

Order/Opinion

04-04074

Opinion

Iowa Protection and Advocacy Services v. Tanager Place

U. S. Court of Appeals for the Eighth Circuit

Oct. 27, 2005

Oct. 27, 2005

Order/Opinion
86

1:04-cv-00069

Order

Iowa Protection and Advocacy Services v. Tanager Place

Nov. 18, 2005

Nov. 18, 2005

Order/Opinion

1:04-cv-00069

Order

Iowa Protection and Advocacy Services v. Tanager Place

Dec. 13, 2005

Dec. 13, 2005

Order/Opinion
94

1:04-cv-00069

Stipulation of Dismissal Without Prejudice

Iowa Protection and Advocacy Services v. Tanager Place

March 9, 2006

March 9, 2006

Settlement Agreement

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4872262/iowa-protection-and-advocacy-services-v-tanager-inc/

Last updated Dec. 31, 2022, 3:01 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against all defendants ( Filing fee $ 150 receipt number 122729.), filed by Iowa Protection and Advocacy Services. Scheduling Report due by 10/1/2004(Palmer, Heather) (Entered: 06/03/2004)

June 3, 2004

June 3, 2004

Clearinghouse
2

PURSUANT TO LOCAL RULE 3.2 STATEMENT of Interest by Iowa Protection and Advocacy Services. (Palmer, Heather) (Entered: 06/03/2004)

June 3, 2004

June 3, 2004

PACER

Fee Receipt: $ 150.00, receipt number 122729 for Filing Fee by Iowa Protection and Advocacy Services (gcla)

June 3, 2004

June 3, 2004

PACER

Summons Issued as to Tanager Place, Tanager, Inc.. (gcla)

June 3, 2004

June 3, 2004

PACER
3

MOTION for Preliminary Injunction by Plaintiff Iowa Protection and Advocacy Services. (Attachments: # 1 Brief)(Palmer, Heather) (Entered: 06/07/2004)

1

View on RECAP

June 7, 2004

June 7, 2004

PACER
4

ORDER Setting Hearing on Complaint and 3 Request for Injunctive and Declaratory Relief; an Injunction Hearing is set for 6/16/2004 at 02:30 PM CR 3rd Fl Ct w/Judge Reade. Signed by Judge Linda R Reade on 6/7/04 (w/copy to Defendant Atty Vernon Squires and George Estle at Tanager Place) (mj) (Entered: 06/07/2004)

June 7, 2004

June 7, 2004

PACER
5

SUPPLEMENT/ADDENDUM 3 MOTION for Preliminary Injunction by Iowa Protection and Advocacy Services. (Palmer, Heather) (Entered: 06/08/2004)

June 8, 2004

June 8, 2004

PACER
6

ACKNOWLEDGEMENT OF SERVICE Executed Acceptance of Service Acknowledgement filed by Tanager Place, Tanager, Inc.. (Squires, Vernon) (Entered: 06/10/2004)

June 10, 2004

June 10, 2004

PACER
7

ANSWER to Complaint with jury demand, COUNTERCLAIM against Iowa Protection and Advocacy Services by Tanager Place, Tanager, Inc..(Squires, Vernon) (Entered: 06/14/2004)

June 14, 2004

June 14, 2004

PACER
8

NOTICE by Tanager Place, Tanager, Inc. Notice of Constitutional Challenge (Squires, Vernon) (Entered: 06/14/2004)

June 14, 2004

June 14, 2004

PACER
9

NOTICE by Tanager Place, Tanager, Inc. Defendants' Statement of Interest (Squires, Vernon) (Entered: 06/14/2004)

June 14, 2004

June 14, 2004

PACER
10

ORDER re 8 Notice (Other) filed by Tanager Place, Tanager, Inc. Defendants Brief due before 5:00 p.m. on 6/16/2004. Signed by Judge Linda R Reade on 6/15/04. (deve) (Entered: 06/15/2004)

June 15, 2004

June 15, 2004

PACER
11

MOTION for Hearing/Oral Argument Motion to Close Hearing and Seal Certain Exhibits by Defendants Tanager Place, Tanager, Inc., Counter Claimants Tanager Place, Tanager, Inc.. (Squires, Vernon) (Entered: 06/15/2004)

June 15, 2004

June 15, 2004

PACER
12

MOTION for Hearing/Oral Argument re 11 MOTION for Hearing/Oral Argument Motion to Close Hearing and Seal Certain Exhibits Defendants' Memorandum in Support of Motion to Close Hearing and Seal Certain Exhibits by Defendants Tanager Place, Tanager, Inc., Counter Claimants Tanager Place, Tanager, Inc.. (Squires, Vernon) (Entered: 06/15/2004)

June 15, 2004

June 15, 2004

PACER
13

RESISTANCE to Motion re 3 MOTION for Preliminary Injunction Defendants' Memorandum of Authorities Resisting Motion for Preliminary Injunction filed by Defendants Tanager Place, Tanager, Inc., Counter Claimants Tanager Place, Tanager, Inc.. (Attachments: # 1 Exhibit A, G and H)(Squires, Vernon) (Entered: 06/15/2004)

June 15, 2004

June 15, 2004

PACER
14

NOTICE by Iowa Protection and Advocacy Services re 12 MOTION for Hearing/Oral Argument re 11 MOTION for Hearing/Oral Argument Motion to Close Hearing and Seal Certain Exhibits Defendants' Memorandum in Support of Motion to Close Hearing and Seal Certain Exhibits for No Resistance to Closed Hearing and Sealed Exhibits (Malheiro, Sharon) (Entered: 06/15/2004)

June 15, 2004

June 15, 2004

PACER
15

BRIEF in Support re 3 MOTION for Preliminary Injunction Plaintiff's Reply to Defendants' Resistance to Plaintiff's Motion for Preliminary Injunction filed by Plaintiff Iowa Protection and Advocacy Services, Counter Defendant Iowa Protection and Advocacy Services. (Attachments: # 1 Exhibit Letter Dated 6/1/04 From Nancy Simon to Mary Estle)(Malheiro, Sharon) (Entered: 06/16/2004)

June 16, 2004

June 16, 2004

PACER
16

Minute Entry for proceedings held before Judge Linda R Reade : Motion Hearing held on 6/16/2004 re 3 MOTION for Preliminary Injunction filed by Iowa Protection and Advocacy Services. Hearing on Complaint and Request for Injunctive/Declaratory Relief withdrawn. Plaintiff's oral Motion to Bifurcate Sland Counterclaim Only, granted. Hearing on the merits of the main claim (not slander) will be held on 7/20/04 at 8:00 AM. (Court Reporter Patrice Murray.) (ksy, ) (Entered: 06/17/2004)

June 16, 2004

June 16, 2004

PACER
17

ORDER SETTING HEARING. Bench Trial set for 7/20/2004 8:00 AM in CR 3rd Fl Ct before Judge Linda R Reade on all issues except the slander counterclaim. Signed by Judge Linda R Reade on 6/17/04. (ksy, ) (Entered: 06/17/2004)

June 17, 2004

June 17, 2004

PACER
18

MOTION to Amend/Correct 1 Complaint by Plaintiff Iowa Protection and Advocacy Services, Counter Defendant Iowa Protection and Advocacy Services. (Attachments: # 1 Exhibit to Motion for Leave to Amend)(Palmer, Heather) (Entered: 06/29/2004)

June 29, 2004

June 29, 2004

PACER
19

Plaintiff/Counterclaim Defendant's Reply to Counterclaim and Third-Party Defendant's ANSWER to Counterclaim to Third-Party Complaint and Affirmative Defenses by Iowa Protection and Advocacy Services.(Palmer, Heather) (Entered: 06/29/2004)

June 29, 2004

June 29, 2004

PACER
20

ORDER granting 18 Motion to Amend/Correct . Signed by Judge John A Jarvey on 07/14/2004. (Jarvey, John) (Entered: 07/14/2004)

July 14, 2004

July 14, 2004

PACER
21

AMENDED COMPLAINT against Tanager Place, Tanager, Inc., filed by Iowa Protection and Advocacy Services.(gcla) (Entered: 07/15/2004)

July 15, 2004

July 15, 2004

Clearinghouse
22

Witness List by Plaintiff Iowa Protection and Advocacy Services, Counter Defendant Iowa Protection and Advocacy Services. (Malheiro, Sharon) (Entered: 07/19/2004)

July 19, 2004

July 19, 2004

PACER
23

Exhibit List by Tanager Place, Tanager, Inc... (Squires, Vernon) (Entered: 07/19/2004)

July 19, 2004

July 19, 2004

PACER
24

TRIAL BRIEF by Tanager Place, Tanager, Inc.. (Attachments: # 1 Exhibit)(Squires, Vernon) (Entered: 07/19/2004)

July 19, 2004

July 19, 2004

PACER
25

TRIAL BRIEF Supplemental Trial Brief by Iowa Protection and Advocacy Services. (Malheiro, Sharon) (Entered: 07/19/2004)

July 19, 2004

July 19, 2004

PACER
26

NOTICE of Appearance by Kim D Schmett on behalf of Coalition for Family and Children's Services of Iowa. (mem) (Entered: 07/19/2004)

July 19, 2004

July 19, 2004

PACER
27

MOTION for Leave to Appear Pro Hac Vice by Robert R. Gasaway and Ashley C. Parrish by Amicus Coalition for Family and Children's Services of Iowa. (mem) (Entered: 07/19/2004)

July 19, 2004

July 19, 2004

PACER
28

RESISTANCE to Motion re 27 MOTION for Leave to Appear pro hac vice (Pro Hac Vice Fee $ 75) and/or Motion to Strike Same filed by Plaintiff Iowa Protection and Advocacy Services, Counter Defendant Iowa Protection and Advocacy Services. (Malheiro, Sharon) (Entered: 07/20/2004)

July 20, 2004

July 20, 2004

PACER
29

MOTION for Leave to File as Amicus Curiae by Amicus Coalition for Family and Children's Services of Iowa. (Attachments: # 1 Brief)(ksy, ) (Entered: 07/20/2004)

July 20, 2004

July 20, 2004

PACER
30

MOTION for Qualified HIPAA Protective Order by Plaintiff Iowa Protection and Advocacy Services, Defendants Tanager Place, Tanager, Inc.. (ksy, ) (Entered: 07/20/2004)

July 20, 2004

July 20, 2004

PACER
31

ORDER granting 30 Motion for Qualified HIPAA Protective Order . Signed by Judge Linda R Reade on 7/20/04. (ksy, ) (Entered: 07/20/2004)

July 20, 2004

July 20, 2004

PACER
32

ORDER denying 27 Motion for Leave to Appear Pro Hac Vice by Robert R. Gasaway and Ashley C. Parrish, striking 26 Notice of Appearance by Kim Schmett and 27 Motion for Leave to Appear, and denying 29 Motion for Leave to File Amicus Curiae Brief. This court will not consider any amicus curiae brief filed on behalf of Coalition of Family and Children's Services in Iowa in ruling on the merits of this case. Signed by Judge Linda R Reade on 7/20/04. (ksy, ) (Entered: 07/20/2004)

July 20, 2004

July 20, 2004

PACER
33

Minute Entry with Witness and Exhibit list for proceedings held before Judge Linda R Reade: Motion Hearing held on 7/20/2004 re 30 MOTION for Qualified HIPAA Protective Order filed by Tanager Place, Iowa Protection and Advocacy Services, Tanager, Inc. (Court Reporter Patrice Murray.) (ksy, ) (Entered: 07/20/2004)

July 20, 2004

July 20, 2004

PACER
34

CASE READY FOR DECISION (Bench Trial Held 7/20/04) . Signed by Clerk on 7/20/04. (mj) (Entered: 07/21/2004)

July 20, 2004

July 20, 2004

PACER
35

ANSWER to Amended Complaint Counterclaim by Tanager Place, Tanager, Inc..(Squires, Vernon) (Entered: 07/28/2004)

July 28, 2004

July 28, 2004

PACER
36

SCHEDULING ORDER AND DISCOVERY PLAN: Initial Disclosures due date of 8/20/04 but not filed with the court. Add Parties Deadline due by 10/20/2004. Amended Pleadings due by 10/20/2004. Plaintiffs Expert Witness due by 11/20/2004. Defendants Expert Witnesses due by 1/20/2005. Plaintiffs Rebuttal Experts due by 2/20/2005. Discovery due by 4/20/2005. Motions due by 5/20/2005. Trial Ready Deadline 8/22/2005. The proposed scheduling order and discovery plan is approved and adopted by the Court. Therefore, a scheduling conference will not be set at this time. Signed by Judge John A Jarvey on 8/3/04. (ksy, ) (Entered: 08/03/2004)

Aug. 3, 2004

Aug. 3, 2004

PACER
37

TRIAL MANAGEMENT ORDER: Witness and exhibit lists exchanged by parties (but not filed) at least 21 days before FPTC. Exhibits marked. Jury Instructions 14 days before FPTC. Motions in limine 14 days before FPTC. Jury Trial set for 9/19/2005 08:00 AM in CR 3rd Fl Ct before Judge Linda R Reade. Final Pretrial Conference set for 9/9/2005 10:00 AM in CR 2nd Fl Ct before Chief Magistrate John A Jarvey. Proposed Pretrial Order due by 9/7/2005. Signed by Judge Linda R Reade on 8/9/04. (ksy, ) Modified on 8/10/2004 to correct pretrial order deadline (gcla). (Entered: 08/09/2004)

Aug. 9, 2004

Aug. 9, 2004

PACER
38

ORDER - Defendants Tanager Place and Tanager, Inc. are permanently enjoined (see text). Signed by Judge Linda R Reade on 9/30/04. (deve) Additional attachment(s) added on 9/30/2004 (deve, ). Modified on 10/1/2004 (copy was faxed to all attys on 9/30/04) (mj). (Entered: 09/30/2004)

Sept. 30, 2004

Sept. 30, 2004

PACER
39

Order has been attached to docket entry #38. Inadvertantly left off when originally docketed. (deve) (Entered: 09/30/2004)

Sept. 30, 2004

Sept. 30, 2004

PACER
40

MOTION to Amend/Correct 38 Order, by Defendant Tanager Place. (Attachments: # 1 Brief in Support of Motion to Amend Judgment)(Squires, Vernon) Modified on 10/12/2004 to change text to read Motion to Amend/Correct Order (dsr). (Entered: 10/11/2004)

Oct. 11, 2004

Oct. 11, 2004

PACER
41

RESISTANCE to Motion re 40 MOTION to Amend/Correct 38 Case Ready for Decision, filed by Plaintiff Iowa Protection and Advocacy Services, Counter Defendant Iowa Protection and Advocacy Services. (Malheiro, Sharon) (Entered: 10/20/2004)

Oct. 20, 2004

Oct. 20, 2004

PACER
42

REPLY BRIEF to Amend Judgment and Terminate Injunction filed by Defendants Tanager Place, Tanager, Inc., Counter Claimants Tanager Place, Tanager, Inc. (Squires, Vernon) Modified on 10/25/2004 to add docket relationship to 40 Motion to Amend/Correct Order (dsr). (Entered: 10/25/2004)

Oct. 25, 2004

Oct. 25, 2004

PACER
43

ORDER denying 40 Motion to Amend Judgment and Terminate Injunction. Signed by Judge Linda R Reade on 11/5/04. (deve) (Entered: 11/05/2004)

Nov. 5, 2004

Nov. 5, 2004

PACER
44

NOTICE OF APPEAL as to 38 Case Ready for Decision,, 43 Order on Motion to Amend/Correct by Tanager Place, Tanager, Inc.. Filing fee $ 255. (Attachments: # 1 Appellant's Form A)(Squires, Vernon) (Entered: 11/17/2004)

Nov. 17, 2004

Nov. 17, 2004

PACER
45

USCA Appeal Fees received $255, receipt number 123994 re 44 Notice of Appeal filed by Tanager (mj) (Entered: 11/18/2004)

Nov. 17, 2004

Nov. 17, 2004

PACER
46

NOTICE by Tanager Place, Tanager, Inc. (Squires, Vernon) Modified on 11/19/2004 to add that a copy of this document provided to Court Reporter (dsr). (Entered: 11/19/2004)

Nov. 19, 2004

Nov. 19, 2004

PACER
47

NOA Supplement and Transmission of Notice of Appeal and Docket Sheet to US Court of Appeals re 44 Notice of Appeal (des, ) (Entered: 11/22/2004)

Nov. 22, 2004

Nov. 22, 2004

PACER

COURT OF APPEALS RECEIPT of Notice of Appeal and supporting documents received by USCA on: Mon Nov 22 16:29:35 CST 2004 (des, ) Modified on 11/23/2004 to note John Elser at 8CC verified documents #38, #43, #44, #45, #46, #47 and docket sheets were received electronically (des, ).

Nov. 22, 2004

Nov. 22, 2004

PACER

Pursuant to phone call from attorneys for Iowa Protection Services advising that the NOA Supplement 47 is showing incorrect attorneys for Iowa Protection Services. The 8th Circuit has been contacted by this Clerk's Office, and they will amend the NOA form to reflect the attorneys for Iowa Protection Services are Heather Lee Palmer and Sharon Malherio of the Davis Law Firm in Des Moines. Joe at the 8th Circuit Clerk's Office stated that he will make the correction on the form. (mj)

Nov. 23, 2004

Nov. 23, 2004

PACER
48

TRANSCRIPT of Motion for Injunctive Relief Proceedings held on 7/20/04 before Judge Linda R. Reade. Court Reporter: Patrice A. Murray. (for complete copy of transcript contact Patrice Murray at (319) 286-2324, 101 1st Street SE, Cedar Rapids, IA 52401. (de) (Entered: 12/14/2004)

Dec. 14, 2004

Dec. 14, 2004

PACER

USCA Case Number 04-4074 for 44 Notice of Appeal filed by Tanager Place, Tanager, Inc. (ksy, )

Dec. 20, 2004

Dec. 20, 2004

PACER
50

Designation of Expert Witness by Iowa Protection and Advocacy Services, Iowa Protection and Advocacy Services, Sylvia Piper. (Attachments: # 1 CV of Marty Beyer, Ph.D.# 2 CV of Paul DeMuro# 3 CV of Clarence J. Sundram# 4 CV of Michael Terkeltaub)(Malheiro, Sharon) (Entered: 01/20/2005)

Jan. 20, 2005

Jan. 20, 2005

PACER
51

MOTION for Pretrial Determination of Defamation Per Se by Defendant Tanager Place. (Attachments: # 1 Brief in Support of its Motion for Pretrial Determination of Defamation Per Se)(Squires, Vernon) (Entered: 03/25/2005)

March 25, 2005

March 25, 2005

PACER
52

MOTION for Extension of Time Response to Defendant Tanager Place's Motion for Pretrial Determination of Defamation Per Se by Plaintiff Iowa Protection and Advocacy Services, Counter Defendant Iowa Protection and Advocacy Services, ThirdParty Defendant Sylvia Piper. (Palmer, Heather) (Entered: 03/29/2005)

March 29, 2005

March 29, 2005

PACER
53

ORDER granting 52 Motion for Extension of Time to File Response to 52 Motion for Pretrial Determination of Defamation Per Se. Response due by 5/2/2005. Signed by Judge John A Jarvey on 4/7/05. (ksy, ) (Entered: 04/07/2005)

April 7, 2005

April 7, 2005

PACER
54

UNRESISTED MOTION for Extension of Discovery Deadline by Plaintiff Iowa Protection and Advocacy Services, Counter Defendant Iowa Protection and Advocacy Services, ThirdParty Defendant Sylvia Piper. (Palmer, Heather) (Entered: 04/20/2005)

April 20, 2005

April 20, 2005

PACER
55

ORDER granting 54 Unresisted Motion for Extension of Discovery Deadline. The discovery deadline is extended to 5/20/2005. Signed by Judge John A Jarvey on 4/21/05. (mem) (Entered: 04/21/2005)

April 21, 2005

April 21, 2005

PACER

Reset Scheduling Order Deadline: Discovery due by 5/20/2005. (mem)

April 21, 2005

April 21, 2005

PACER
56

UNRESISTED MOTION for Extension of Deadline to Respond to Tanager Place's Motion for Pretrial Determination of Defamation Per Se by Plaintiff Iowa Protection and Advocacy Services, Counter Defendant Iowa Protection and Advocacy Services, ThirdParty Defendant Sylvia Piper. (Palmer, Heather) (Entered: 05/02/2005)

May 2, 2005

May 2, 2005

PACER
57

ORDER granting 56 UNRESISTED Motion; Plaintiff/Counterclaim Defendant Iowa Protection Advocacy Services, Inc. and Third-Party Defendant Sylvia Piper shall have to and including May 20, 2005, to respond to Tanager Place's Motion for Pretrial Determination of Defamation. Signed by Judge John A Jarvey on 5/6/05. (Stigler, Karo) (Entered: 05/06/2005)

May 6, 2005

May 6, 2005

PACER

Reset Deadlines as to 51 MOTION for Pretrial Determination of Defamation Per Se. Responses due by 5/20/2005 (Stigler, Karo)

May 6, 2005

May 6, 2005

PACER
58

MOTION to Compel by Plaintiff Iowa Protection and Advocacy Services, Counter Defendant Iowa Protection and Advocacy Services, ThirdParty Defendant Sylvia Piper. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Exhibit D# 5 Exhibit E# 6 Declaration)(Malheiro, Sharon) (Entered: 05/13/2005)

May 13, 2005

May 13, 2005

PACER
59

MOTION for Summary Judgment by Plaintiff Iowa Protection and Advocacy Services, Counter Defendant Iowa Protection and Advocacy Services, ThirdParty Defendant Sylvia Piper. Responses due by 6/6/2005 (Attachments: # 1 Brief # 2 Statement of Material Facts # 3 Appendix Part I# 4 Appendix Part II# 5 Appendix Part III# 6 Appendix Part IV# 7 Appendix Part V# 8 Appendix Part VI# 9 Appendix Part VII# 10 Appendix VIII)(Malheiro, Sharon) Modified on 5/16/2005 to create link to #51(de). (Entered: 05/13/2005)

1 Brief

View on RECAP

3 Statement of Material Facts

View on PACER

4 Appendix Part I

View on PACER

5 Appendix Part II

View on PACER

6 Appendix Part III

View on PACER

7 Appendix Part IV

View on PACER

8 Appendix Part V

View on PACER

9 Appendix Part VI

View on PACER

10 Appendix Part VII

View on PACER

11 Appendix VIII

View on PACER

May 13, 2005

May 13, 2005

PACER
60

MOTION to Withdraw 58 MOTION to Compel by Plaintiff Iowa Protection and Advocacy Services, Counter Defendant Iowa Protection and Advocacy Services, ThirdParty Defendant Sylvia Piper. (Palmer, Heather) (Entered: 05/18/2005)

May 18, 2005

May 18, 2005

PACER
61

ORDER withdrawing 58 Motion to Compel, granting 60 Motion to Withdraw . Signed by Judge John A Jarvey on 5/18/05. (de) (Entered: 05/18/2005)

May 18, 2005

May 18, 2005

PACER
62

ORDER denying 58 MOTION to Compel filed by Iowa Protection and Advocacy Services, Sylvia Piper. This motion was withdrawn on 5/18/05. Signed by Judge John A Jarvey on 5/18/05. (de) (Entered: 05/18/2005)

May 18, 2005

May 18, 2005

PACER
63

RESISTANCE to Motion re 59 MOTION for Summary Judgment, 51 MOTION for Pretrial Determination of Defamation Per Se filed by Counter Claimants Tanager Place, Tanager, Inc., Defendants Tanager, Inc., Tanager Place. (Attachments: # 1 Statement of Material Facts # 2 Appendix)(Squires, Vernon) (Entered: 05/24/2005)

May 24, 2005

May 24, 2005

PACER
64

MOTION for Leave to File Amended Answer and Reply to Assert Additional Affirmative Defenses by Plaintiff Iowa Protection and Advocacy Services, Counter Defendant Iowa Protection and Advocacy Services, ThirdParty Defendant Sylvia Piper. (Attachments: # 1 Amended Answer)(Palmer, Heather) (Entered: 05/31/2005)

May 31, 2005

May 31, 2005

PACER
65

RESISTANCE to Motion re 64 MOTION for Leave to File Amended Answer and REply to Assert Additional Affirmative Defenses filed by Counter Claimants Tanager Place, Tanager, Inc., Defendants Tanager, Inc., Tanager Place. (Squires, Vernon) (Entered: 06/02/2005)

June 2, 2005

June 2, 2005

PACER
66

MOTION to Strike Expert Witness by Counter Claimants Tanager Place, Tanager, Inc., Defendants Tanager, Inc., Tanager Place. Responses due by 6/20/2005 (Attachments: # 1 Brief Support of Motion to Strike Expert)(Squires, Vernon) (Entered: 06/02/2005)

June 2, 2005

June 2, 2005

PACER
67

MOTION for Leave to File Overlength Brief by Plaintiff Iowa Protection and Advocacy Services, Counter Defendant Iowa Protection and Advocacy Services, ThirdParty Defendant Sylvia Piper. (Attachments: # 1 Brief # 2 Appendix (Supplemental))(Palmer, Heather) (Entered: 06/03/2005)

June 3, 2005

June 3, 2005

PACER
68

ORDER granting 67 Plaintiff/Counter-Defendant Iowa Protection's Motion for Leave to File Overlength Reply Brief. Signed by Clerk on 6/6/05. (mj) (Entered: 06/06/2005)

June 6, 2005

June 6, 2005

PACER
69

REPLY to Resistance to 59 MOTION for Summary Judgment filed by Plaintiff/Counterclaim Defendant Iowa Protection and Advocacy Services. (Attachments: # 1 Appendix)(mj) (Entered: 06/06/2005)

June 6, 2005

June 6, 2005

PACER
70

REPLY to Response to Motion re 64 MOTION for Leave to File Amended Answer and Reply to Assert Additional Affirmative Defenses filed by Plaintiff Iowa Protection and Advocacy Services, Counter Defendant Iowa Protection and Advocacy Services, ThirdParty Defendant Sylvia Piper. (Palmer, Heather) Modified on 6/8/2005 to correct typographical error (de). (Entered: 06/07/2005)

June 7, 2005

June 7, 2005

PACER
71

RESISTANCE to Motion re 66 MOTION to Strike Expert Witness filed by Plaintiff Iowa Protection and Advocacy Services, Counter Defendant Iowa Protection and Advocacy Services, ThirdParty Defendant Sylvia Piper. (Palmer, Heather) (Entered: 06/07/2005)

June 7, 2005

June 7, 2005

PACER
72

ORDER granting 64 Motion for Leave to Amend. The Clerk of Court shall file Iowa P&A's Amended Reply to Counterclaim and Answer to Third-Party Complaint which was attached to its motion for leave to amend as Exhibit A. Signed by Judge John A Jarvey on 6/20/05. (Stigler, Karo) (Entered: 06/21/2005)

June 21, 2005

June 21, 2005

PACER
73

ORDER denying 66 Motion to Strike expert witnesses. Tanager Place shall designate any rebuttal experts by July 15, 2005. Signed by Judge John A Jarvey on 6/20/05. (Stigler, Karo) (Entered: 06/21/2005)

June 21, 2005

June 21, 2005

RECAP
74

ANSWER to Counterclaim, ANSWER to Amended Complaint by Iowa Protection and Advocacy Services, Sylvia Piper.(de) (Entered: 06/21/2005)

June 21, 2005

June 21, 2005

PACER

Reset Deadline: Tanager Place shall designate any rebuttal experts by 7/15/2005. (Stigler, Karo)

June 21, 2005

June 21, 2005

PACER
75

ORDER SETTING HEARINGS: Telephonic Status Conference set for 8/18/2005 10:30 AM before Judge Linda R Reade. The Court will establish the call. Counsel shall contact Diane at 319/286-2330 by 8/16/05. Signed by Judge Linda R Reade on 8/15/05. (de) (Entered: 08/15/2005)

Aug. 15, 2005

Aug. 15, 2005

PACER
76

Minute Entry for proceedings held before Judge Linda R Reade. Status Conference held on 8/18/2005. Trial on severed slander counterclaim to be continued to either the week of 12/19/05 or 3/20/06. Parties to inform court which trial date works better. Trial anticipated to last 3 days. No order to follow. (Court Reporter Patrice Murray.) (de) (Entered: 08/18/2005)

Aug. 18, 2005

Aug. 18, 2005

PACER
77

AMENDED AND SUBSTITUTED TRIAL MANAGEMENT ORDER: Witness and exhibit lists exchanged by parties (but not filed) at least 21 days before FPTC. Exhibits marked. Jury Instructions 14 days before FPTC. Motions in limine 14 days before FPTC. JURY TRIAL set for 3/20/2006 08:00 AM in CR 3rd Fl Ct before Judge Linda R Reade. Final Pretrial Conference set for 3/10/2006 09:00 AM in CR 2nd Fl Ct before Chief Magistrate John A Jarvey. Proposed Pretrial Order due by 3/8/2006.Signed by Judge Linda R Reade on 8/22/05. (mj) (Entered: 08/22/2005)

Aug. 22, 2005

Aug. 22, 2005

PACER
78

ORDER: Counterclaim Plaintiff's Motion for Pretrial Determination of Defamation Per Se 51 is DENIED; and Counterclaim Defendants' Motion for Summary Judgment 59 is DENIED. Signed by Judge Linda R Reade on 8/24/05. (mj) (Entered: 08/24/2005)

Aug. 24, 2005

Aug. 24, 2005

Clearinghouse
79

UNRESISTED MOTION for Leave to Amend Counterclaim to Conform to the Evidence by Counter Claimants Tanager Place, Tanager, Inc., Defendants Tanager, Inc., Tanager Place. (Attachments: # 1 Answer to Amended Complaint)(Squires, Vernon) (Entered: 10/06/2005)

Oct. 6, 2005

Oct. 6, 2005

PACER
80

ORDER granting 79 UNRESISTED Motion for Leave to Amend Counterclaim to Conform to Evidence. Signed by Judge John A Jarvey on 10/11/05. (ksy, ) (Entered: 10/11/2005)

Oct. 11, 2005

Oct. 11, 2005

PACER
81

Amended ANSWER to Complaint with Jury Demand, Amended COUNTERCLAIM against Sylvia Piper, Iowa Protection and Advocacy Services by Tanager, Inc., Tanager Place.(jkh) Additional attachment(s) added on 10/11/2005 (jkh). Modified on 10/11/2005 to create a link to amended complaint (jkh). (Entered: 10/11/2005)

Oct. 11, 2005

Oct. 11, 2005

PACER
82

Docket Annotation: This document at #82 is now attached to entry #81 (docket error). (jkh) (Entered: 10/11/2005)

Oct. 11, 2005

Oct. 11, 2005

PACER
83

Reply and ANSWER to 81 Counterclaim by Sylvia Piper, Iowa Protection and Advocacy Services.(Palmer, Heather) Modified text on 10/12/2005 (ksy, ). (Entered: 10/11/2005)

Oct. 11, 2005

Oct. 11, 2005

PACER
86

ORDER: This matter comes before the court pursuant to the 10/27/05 decision of the 8th Circuit Court of Appeals. The 8th Circuit Court of Appeals determined the controversy was moot, vacated the court's 9/30/04 injunction and instructed this court to dismiss the complaint w/prejudice. Accordingly, the court dismisses the complaint with prejudice. Trial remains set on Tanager Place's severed counterclaim for the two-week period beginning 3/20/06 at 8:00 a.m. Only a state law claim remains. It appears the parties are not diverse. Parties are directed to brief the issue of whether this court still has jurisdiction over the counterclaim. Parties Briefs due by 12/1/2005. Signed by Judge Linda R Reade on 11/18/05. (de) (Entered: 11/18/2005)

Nov. 18, 2005

Nov. 18, 2005

Clearinghouse
87

ORDER/OPINION of USCA (certified copy) as to 44 Notice of Appeal filed by Tanager Place, Tanager, Inc: The judgment is reversed, and the case is remanded to the district court with directions to dismiss the complaint with prejudice. (ksy, ) (Entered: 11/21/2005)

Nov. 21, 2005

Nov. 21, 2005

PACER
88

MANDATE/JUDGMENT of USCA (certified copy) as to 44 Notice of Appeal filed by Tanager Place, Tanager, Inc: It is hereby ordered and adjudged that the judgment of the district court in this cause is reversed and the cause is remanded to the district court for proceedings consistent with the opinion of this court. (ksy, ) (Entered: 11/21/2005)

Nov. 21, 2005

Nov. 21, 2005

PACER
89

RESPONSE re 86 OrderRegarding Jurisdiction by Tanager, Inc., Tanager Place. (Squires, Vernon) Modified on 12/2/2005 to remove repetitive text (des, ). (Entered: 12/01/2005)

Dec. 1, 2005

Dec. 1, 2005

PACER
90

REPLY BRIEF to Court's Order of 11/18/05 Addressing Jurisdiction filed by Counter Defendants Sylvia Piper, Iowa Protection and Advocacy Services. (Malheiro, Sharon) Modified on 12/2/2005 to remove repetitive text and add link to #86 Order (des, ). (Entered: 12/01/2005)

Dec. 1, 2005

Dec. 1, 2005

PACER
91

ORDER: The court shall continue to exercise supplemental jurisdiction over Counterclaim-Plaintiff Tanager Place's defamation claim. To the extent the Counterclaim Defendant and Third Party Defendant moved to dismiss this case for lack of jurisdiction in their Memorandum Addressing Jurisdiction at 90, such motion is DENIED. Signed by Judge Linda R Reade on 12/13/05. (mj) (Entered: 12/13/2005)

Dec. 13, 2005

Dec. 13, 2005

RECAP
92

ORDER OF CASE SETTLEMENT: The court has been advised that this action has been settled. The parties shall have to and including, the date listed at end of this docket entry, to file their settlement documents. Dismissal Papers Deadline are due by 3/3/2006. The Clerk shall satisfy all pending motions as moot. Signed by Judge Linda R Reade on 1/25/06. (mj) (Entered: 01/25/2006)

Jan. 25, 2006

Jan. 25, 2006

PACER
93

ORDER. Unless a stipulation of dismissal or request for extension of time is filed by no later than March 17, 2006, a final order of dismissal will be entered pursuant to Local Rule 41.1.c. Signed by Judge Linda R Reade on 2/21/06. (mem) (Entered: 02/21/2006)

Feb. 21, 2006

Feb. 21, 2006

PACER
94

STIPULATION of Dismissal with Prejudice by Tanager, Inc., Tanager Place, Tanager Place, Tanager, Inc., Tanager, Inc., Tanager Place. (Squires, Vernon) (Entered: 03/09/2006)

March 9, 2006

March 9, 2006

Clearinghouse
95

Notice of Intent to Destroy Exhibits: Exhibits will be destroyed by the Clerk of Court on 3/26/2007 unless claimed by you or your office prior to this date Check Status Deadline due by 3/27/2007. Signed by Clerk on 2/23/2007. (mem) (Entered: 02/23/2007)

Feb. 23, 2007

Feb. 23, 2007

PACER

Case Details

State / Territory: Iowa

Case Type(s):

Disability Rights

Key Dates

Filing Date: June 3, 4

Closing Date: March 9, 2006

Case Ongoing: No

Plaintiffs

Plaintiff Description:

protection and advocacy agency

Plaintiff Type(s):

Non-profit NON-religious organization

Attorney Organizations:

NDRN/Protection & Advocacy Organizations

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Tanager Place, Non-profit or advocacy

Case Details

Causes of Action:

Declaratory Judgment Act, 28 U.S.C. § 2201

Protection and Advocacy for Individuals with Mental Illness (PAIMI) Act, 42 U.S.C. § 10801

Available Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Litigation

Issues

General:

Records Disclosure

Disability:

Mental impairment

P&A access authority

P&A Associational Standing