Case: The Arc of Iowa v. Reynolds

4:21-cv-00264 | U.S. District Court for the Southern District of Iowa

Filed Date: Sept. 3, 2021

Closed Date: March 19, 2024

Clearinghouse coding complete

Case Summary

On September 3, 2021, individual student plaintiffs, the Iowa ARC (a nonprofit dedicated to advocating for people with intellectual and developmental disabilities), and Iowa's Protection and Advocacy (P&A) system challenged the state of Iowa's k-12 school mask ban by filing a lawsuit against the state governor and certain school districts alleging the legislature's action to prohibit the wearing of masks during the covid-19 pandemic violated the Americans with Disabilities Act and Section 504 w…

On September 3, 2021, individual student plaintiffs, the Iowa ARC (a nonprofit dedicated to advocating for people with intellectual and developmental disabilities), and Iowa's Protection and Advocacy (P&A) system challenged the state of Iowa's k-12 school mask ban by filing a lawsuit against the state governor and certain school districts alleging the legislature's action to prohibit the wearing of masks during the covid-19 pandemic violated the Americans with Disabilities Act and Section 504 with respect to creating segregation, denying access to schools, and having discriminatory methods of administration.  Another claim involved the American Rescue Plan Act of 2021, Pub. L. No. 117-2, 135 Stat 4 (2021) (“ARPA”), which recommended school masks.  Plaintiffs sought declaratory injunction that the legislation violated the ADA, the legislation as implemented violated the ADA and Section 504, the legislation was preempted by the ARPA, a temporary restraining order enjoining the state and schools from enforcing the legislation; preliminarily and permanently enjoining enforcement of the legislation, and attorney fees.  Senior Judge Robert W. Pratt presided.

On October 8, 2021, the court granted the plaintiffs' motion for preliminary injunction and the defendants appealed the same day.  The district court held all deadlines pending issuance of the mandate from the Eighth Circuit in the interlocutory appeal in abeyance but the preliminary injunction was in effect.

On January 25, 2022, the Eighth Circuit vacated the decision and remanded to the district court.  The reason for the remand is not known at this time.

On remand, the district court determined the student plaintiffs had legal standing, and that their claims were not moot and could otherwise proceed. The district court also granted the students’ declaratory judgment motion in that case, which allowed students to request that masks be worn as a reasonable accommodation and required schools to consider that request as any other accommodation request. The State of Iowa, but not the school district co-defendants, appealed that decision to the Eighth Circuit on March 29, 2022.

On May 16, 2022, the Eighth Circuit vacated the district court's preliminary injunction as moot, vacated the previous opinion, and denied the plaintiffs/appellees' motion for remand and for attorney's fees as moot. The Eighth Circuit remanded for further proceedings consistent with the opinion of May 16, 2022. 

On July 1, 2022 the state sought dismissal for lack of jurisdiction and the plaintiffs sought summary judgment.  The state argued the students did not exhaust their IDEA claims and that they did not have standing. The state also asserted the district court’s relief was not warranted or proper.  The school districts sought dismissal on August 1, 2022, asserting they were not proper parties.

On November 1, 2022, the district court determined the student plaintiffs had legal standing, and that their claims were not moot and could otherwise proceed. The district court also granted the students’ declaratory judgment motion, which allowed students to request that masks be worn as a reasonable accommodation and required schools to consider that request as any other accommodation request. The State of Iowa, but not the school district co-defendants, appealed that decision to the Eighth Circuit.

On February 27, 2024, the Eighth Circuit solely focused on whether the students had the requisite legal standing. The court held that the students did not bear their burden of proof on the first two elements of standing, injury in fact and traceability. With respect to whether the students suffered an injury in fact, the court joined the rationale relied upon by the First, Fifth, and Sixth Circuits in similar mask mandate or mask ban cases in concluding that because the students “have only alleged the potential risk of severe illness should they contract COVID-19 at school, the risk of harm is too speculative to satisfy the injury in fact element.” Next, the court held that the traceability element was not met because the student plaintiffs had not shown that either the Governor or the Director of the Department of Education had a duty to enforce or that they have attempted to enforce the law in a manner that has directly affected them. Further, the state law did not prohibit a school from complying with disability laws, nor did plaintiffs allege that a school denied their request for masking as a reasonable accommodation tailored to their child’s situation. Based on those reasons, the court vacated and dismissed the case because the students “failed to demonstrate the existence of a case or controversy that invokes federal court jurisdiction.” 

There has been no docket activity since March 19, 2024 and the case appears to be closed.

 

Summary Authors

NDRN (1/19/2025)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/60362154/parties/the-arc-of-iowa-v-reynolds/


Judge(s)
Attorney for Plaintiff

Aurora, Shefali (Iowa)

Austen, Rita N. (Iowa)

Duff, Thomas J. (Iowa)

Attorney for Defendant

Clausen, Timothy A. (Iowa)

Expert/Monitor/Master/Other

Dubner, Jeffrey Benjamin (Iowa)

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Documents in the Clearinghouse

Document
3

4:21-cv-00264

Motion for Temporary Restraining Order and Preliminary Injunction: Expedited Relief Requested

The Arc of Iowa v. Kim Reynolds,Gov. of Iowa

Sept. 3, 2021

Sept. 3, 2021

Pleading / Motion / Brief
1

4:21-cv-00264

Complaint for Declaratory and Injunctive Relief

The Arc of Iowa v. Kim Reynolds,Gov. of Iowa

Sept. 3, 2021

Sept. 3, 2021

Complaint
17

4:21-cv-00264

Memorandum of Authorities in Support of Motion for Preliminary Injunction and Temporary Restraining Order

Sept. 9, 2021

Sept. 9, 2021

Pleading / Motion / Brief
28

4:21-cv-00264

Declaration of john A. Freedman in Support Motion for Temporary Restraining Order and Preliminary Injunction

Sept. 10, 2021

Sept. 10, 2021

Pleading / Motion / Brief
32

4:21-cv-00264

Order Granting Plaintiffs' Motion for a Temporary Restraining Order

Sept. 13, 2021

Sept. 13, 2021

Order/Opinion

559 F.Supp.3d 861

38

4:21-cv-00264

Plaintiffs' Corporate Disclosure Statement

Sept. 17, 2021

Sept. 17, 2021

Pleading / Motion / Brief
59

4:21-cv-00264

Brief of Amici Curiae Iowa Chapter of American Academy of Pediatrics and American Academy of Pediatrics in Support of Plaintiffs' Motion for Preliminary Injunction

Sept. 30, 2021

Sept. 30, 2021

Pleading / Motion / Brief
60

4:21-cv-00264

Order Granting Plaintiffs Motion For a Preliminary Injunction

Oct. 8, 2021

Oct. 8, 2021

Order/Opinion

566 F.Supp.3d 921

76

4:21-cv-00264

USCA Opinion/Judgment

U.S. Court of Appeals for the Eighth Circuit

Feb. 1, 2022

Feb. 1, 2022

Order/Opinion
76-1

4:21-cv-00264

Opinion

U.S. Court of Appeals for the Eighth Circuit

Feb. 1, 2022

Feb. 1, 2022

Order/Opinion

24 F.4th 1162

Docket

See docket on RECAP: https://www.courtlistener.com/docket/60362154/the-arc-of-iowa-v-reynolds/

Last updated Sept. 26, 2025, 10:49 p.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT for Declaratory and Injunctive Relief against All Defendants Filing fee paid in the amount of $ 402, receipt number 0863-4590744., filed by Amanda Devereaux, Johnathan Craig, The Arc of Iowa, Healther Preston, Michelle Croft, Melissa Hadden, Charmaine Alexander, Carissa Froyum Roise, Rebekah Stewart, Lidija Geest, Lisa Sithonnorath, Erin Vercande. Notice of Dismissal for lack of Service deadline set for 12/2/2021. Rule 16 Notice of Dismissal set for 12/2/2021.(Bettis Austen, Rita) Modified on 9/3/2021 corrected text (kjw). (Entered: 09/03/2021)

Sept. 3, 2021

Sept. 3, 2021

Clearinghouse
2

Summons Note: Counsel should download the attached summons in compliance with Rule 4 of the Rules of Civil Procedure for summons. (kjw) (Entered: 09/03/2021)

Sept. 3, 2021

Sept. 3, 2021

PACER
3

MOTION for Temporary Restraining Order and Preliminary Injunction by Charmaine Alexander, Johnathan Craig, Michelle Croft, Amanda Devereaux, Carissa Froyum Roise, Lidija Geest, Melissa Hadden, Heather Lynn Preston, Lisa Hardisty Sithonnorath, Rebekah Stewart, The Arc of Iowa, Erin Vercande. Responses due by 9/17/2021. (Attachments: # 1 Affidavit Expert Declaration, # 2 Affidavit Expert Declaration, # 3 Affidavit Plaintiff Declaration, # 4 Affidavit Plaintiff Declaration, # 5 Affidavit Plaintiff Declaration, # 6 Affidavit Plaintiff Declaration, # 7 Affidavit Plaintiff Declaration, # 8 Affidavit Plaintiff Declaration, # 9 Affidavit Plaintiff Declaration, # 10 Affidavit Plaintiff Declaration, # 11 Affidavit Plaintiff Declaration, # 12 Affidavit Plaintiff Declaration, # 13 Affidavit Plaintiff Declaration)(Bettis Austen, Rita) Modified on 9/21/2021 (bp - untermed motion preliminary injunction still pending). (Entered: 09/03/2021)

1 Affidavit Expert Declaration

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2 Affidavit Expert Declaration

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3 Affidavit Plaintiff Declaration

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4 Affidavit Plaintiff Declaration

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5 Affidavit Plaintiff Declaration

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6 Affidavit Plaintiff Declaration

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7 Affidavit Plaintiff Declaration

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8 Affidavit Plaintiff Declaration

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9 Affidavit Plaintiff Declaration

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10 Affidavit Plaintiff Declaration

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11 Affidavit Plaintiff Declaration

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12 Affidavit Plaintiff Declaration

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13 Affidavit Plaintiff Declaration

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Sept. 3, 2021

Sept. 3, 2021

Clearinghouse
4

MOTION to file overlength brief for TRO and PI by Charmaine Alexander, Johnathan Craig, Michelle Croft, Amanda Devereaux, Carissa Froyum Roise, Lidija Geest, Melissa Hadden, Heather Lynn Preston, Lisa Hardisty Sithonnorath, Rebekah Stewart, The Arc of Iowa, Erin Vercande.Motions referred to Stephen B. Jackson, Jr. Responses due by 9/17/2021. (Attachments: # 1 Brief in Support Overlength Brief)(Bettis Austen, Rita) (Entered: 09/03/2021)

Sept. 3, 2021

Sept. 3, 2021

PACER
5

MOTION to Seal Appx. of Declaration Exs. Containing Conf. Medical and Educational Records by Charmaine Alexander, Johnathan Craig, Michelle Croft, Amanda Devereaux, Carissa Froyum Roise, Lidija Geest, Melissa Hadden, Heather Lynn Preston, Lisa Hardisty Sithonnorath, Rebekah Stewart, The Arc of Iowa, Erin Vercande.Motions referred to Stephen B. Jackson, Jr. Responses due by 9/17/2021. (Bettis Austen, Rita) (Entered: 09/03/2021)

Sept. 3, 2021

Sept. 3, 2021

PACER
6

NOTICE by Charmaine Alexander, Johnathan Craig, Michelle Croft, Amanda Devereaux, Carissa Froyum Roise, Lidija Geest, Melissa Hadden, Heather Lynn Preston, Lisa Hardisty Sithonnorath, Rebekah Stewart, The Arc of Iowa, Erin Vercande re 3 MOTION for Temporary Restraining Order and Preliminary Injunction Notice of Supplemental Authority in Support of Mot. for TRO and PI (Attachments: # 1 Supplement W.D. Tenn. TRO)(Bettis Austen, Rita) (Entered: 09/04/2021)

1 Supplement W.D. Tenn. TRO

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Sept. 4, 2021

Sept. 4, 2021

PACER
10

NOTICE of Appearance by Samuel P. Langholz on behalf of Ann Lebo, Kim Reynolds (Langholz, Samuel) (Entered: 09/07/2021)

Sept. 7, 2021

Sept. 7, 2021

PACER
11

Sealed Document re 3 MOTION for Temporary Restraining Order and Preliminary Injunction Appendix of Declaration Exhibitg by Charmaine Alexander, Johnathan Craig, Michelle Croft, Amanda Devereaux, Carissa Froyum Roise, Lidija Geest, Melissa Hadden, Heather Lynn Preston, Lisa Hardisty Sithonnorath, Rebekah Stewart, The Arc of Iowa, Erin Vercande. (Duff, Thomas) (Entered: 09/07/2021)

Sept. 7, 2021

Sept. 7, 2021

PACER
12

TEXT ORDER Setting Hearing on Motion 3 MOTION for Temporary Restraining Order: Motion Hearing set for 9/10/2021 AT 10:00 AM in Des Moines - Room 455 - 4th Floor South before Senior Judge Robert W. Pratt. THE PUBLIC MAY OBSERVE THE HEARING IN THE COURTROOM OR VIA PHONE BY CALLING 877-336-1828, ACCESS CODE 9317033. Signed by Senior Judge Robert W. Pratt on 9/7/2021. (don) Modified on 9/7/2021 Corrected docket entry number (don). (Entered: 09/07/2021)

Sept. 7, 2021

Sept. 7, 2021

PACER
13

MOTION for Leave to Appear Pro Hac Vice Receipt Number: 0863-4592137 Fee paid in the amount of $100. by Charmaine Alexander, Johnathan Craig, Michelle Croft, Amanda Devereaux, Carissa Froyum Roise, Lidija Geest, Melissa Hadden, Heather Lynn Preston, Lisa Hardisty Sithonnorath, Rebekah Stewart, The Arc of Iowa, Erin Vercande. (Freedman, John) (Entered: 09/07/2021)

Sept. 7, 2021

Sept. 7, 2021

PACER
14

TEXT ORDER granting 13 Motion for Leave to Appear Pro Hac Vice John Freedman. Signed by Magistrate Judge Stephen B. Jackson, Jr on 9/7/2021. (btg) (Entered: 09/07/2021)

Sept. 7, 2021

Sept. 7, 2021

PACER
7

TEXT ORDER granting 4 Plaintiffs' Motion for Overlength Brief. Pursuant to Local Rule 7(h), the Clerk of Court is directed to detach and docket the brief attached to the motion. Signed by Magistrate Judge Stephen B. Jackson, Jr. on 9/7/2021. (jeb) (Entered: 09/07/2021)

Sept. 7, 2021

Sept. 7, 2021

PACER
8

TEXT ORDER granting 5 Plaintiffs' Motion to Seal. Plaintiffs are granted leave to file under seal the exhibits referenced in the motion. Signed by Magistrate Judge Stephen B. Jackson, Jr. on 9/7/2021. (jeb) (Entered: 09/07/2021)

Sept. 7, 2021

Sept. 7, 2021

PACER
9

TEXT ORDER Setting Hearing on Motion 3 MOTION for Temporary Restraining Order: Motion Hearing set for 9/7/2021 02:00 PM in Des Moines - Room 460 - 4th Floor North - Video Proceeding before Senior Judge Robert W. Pratt. ZOOM PARTICIPANTS INFORMATION WILL BE SENT IN AN EMAIL TO COUNSEL. THE PUBLIC MAY OBSERVE THE HEARING IN THE COURTROOM OR VIA PHONE BY CALLING 877-336-1828, ACCESS CODE 9317033.. Signed by Senior Judge Robert W. Pratt on 9/7/2021. (mlm) (Entered: 09/07/2021)

Sept. 7, 2021

Sept. 7, 2021

RECAP

File Overlength Brief

Sept. 7, 2021

Sept. 7, 2021

PACER

Seal

Sept. 7, 2021

Sept. 7, 2021

PACER

~Util - Set Hearings AND Order

Sept. 7, 2021

Sept. 7, 2021

PACER

Order AND ~Util - Set Hearings

Sept. 7, 2021

Sept. 7, 2021

PACER

Appear Pro Hac Vice

Sept. 7, 2021

Sept. 7, 2021

PACER
15

WAIVER OF SERVICE Returned Executed filed by Amanda Devereaux, Johnathan Craig, The Arc of Iowa, Heather Lynn Preston, Michelle Croft, Melissa Hadden, Charmaine Alexander, Carissa Froyum Roise, Rebekah Stewart, Lidija Geest, Lisa Hardisty Sithonnorath, Erin Vercande; Iowa City Community School District waiver served on 9/7/2021, answer due 11/8/2021. (Duff, Thomas) (Entered: 09/08/2021)

Sept. 8, 2021

Sept. 8, 2021

PACER
16

WAIVER OF SERVICE Returned Executed filed by Amanda Devereaux, Johnathan Craig, The Arc of Iowa, Heather Lynn Preston, Michelle Croft, Melissa Hadden, Charmaine Alexander, Carissa Froyum Roise, Rebekah Stewart, Lidija Geest, Lisa Hardisty Sithonnorath, Erin Vercande; Ann Lebo waiver served on 9/3/2021, answer due 11/2/2021; Kim Reynolds waiver served on 9/3/2021, answer due 11/2/2021. (Duff, Thomas) Modified on 9/10/2021 corrected service and answer dates (kjw). (Entered: 09/09/2021)

Sept. 9, 2021

Sept. 9, 2021

PACER
17

BRIEF in Support by Charmaine Alexander, Johnathan Craig, Michelle Croft, Amanda Devereaux, Carissa Froyum Roise, Lidija Geest, Melissa Hadden, Heather Lynn Preston, Lisa Hardisty Sithonnorath, Rebekah Stewart, The Arc of Iowa, Erin Vercande re 3 MOTION for Temporary Restraining Order and Preliminary Injunction. (kjw) (Entered: 09/09/2021)

Sept. 9, 2021

Sept. 9, 2021

Clearinghouse
18

NOTICE of Appearance by Jeffrey S. Thompson on behalf of Ann Lebo, Kim Reynolds (Thompson, Jeffrey) (Entered: 09/09/2021)

Sept. 9, 2021

Sept. 9, 2021

PACER
19

MOTION for Leave to Appear Pro Hac Vice Receipt Number: 0863-4594490 Fee paid in the amount of $100. by all plaintiffs. (Wakschlag, Shira) Modified on 9/9/2021 corrected text (kjw). (Entered: 09/09/2021)

Sept. 9, 2021

Sept. 9, 2021

PACER
20

TEXT ORDER granting 19 Motion for Leave to Appear Pro Hac Vice Shira Wakschlag. Signed by Magistrate Judge Stephen B. Jackson, Jr on 9/9/2021. (btg) (Entered: 09/09/2021)

Sept. 9, 2021

Sept. 9, 2021

PACER
21

RESPONSE to Motion re 3 MOTION for Temporary Restraining Order and Preliminary Injunction TRO Resistance filed by Ann Lebo, Kim Reynolds. Replies due by 9/16/2021.(Langholz, Samuel) (Entered: 09/09/2021)

Sept. 9, 2021

Sept. 9, 2021

RECAP

Appear Pro Hac Vice

Sept. 9, 2021

Sept. 9, 2021

PACER
22

NOTICE of Appearance by Kristy Michelle Latta on behalf of Ankeny Community School District, Council Bluffs Community School District, Decorah Community School District, Denver Community School District, Des Moines Public Schools, Johnston Community School District, Linn Mar Community School District, Waterloo Community School District (Latta, Kristy) (Entered: 09/10/2021)

Sept. 10, 2021

Sept. 10, 2021

PACER
23

NOTICE of Appearance by Miriam D. Van Heukelem on behalf of Ankeny Community School District, Council Bluffs Community School District, Decorah Community School District, Denver Community School District, Des Moines Public Schools, Johnston Community School District, Linn Mar Community School District, Waterloo Community School District (Van Heukelem, Miriam) (Entered: 09/10/2021)

Sept. 10, 2021

Sept. 10, 2021

PACER
24

***Filed Incorrectly*** NOTICE of Appearance by Miriam D. Van Heukelem on behalf of Davenport Community School District (Van Heukelem, Miriam) Modified on 9/14/2021 (kjw). (Entered: 09/10/2021)

Sept. 10, 2021

Sept. 10, 2021

RECAP
25

NOTICE of Appearance by Kristy Michelle Latta on behalf of Davenport Community School District (Latta, Kristy) (Entered: 09/10/2021)

Sept. 10, 2021

Sept. 10, 2021

RECAP
26

WAIVER OF SERVICE Returned Executed filed by Des Moines Public Schools, Decorah Community School District, Linn Mar Community School District, Ankeny Community School District, Johnston Community School District, Council Bluffs Community School District, Waterloo Community School District, Denver Community School District, Davenport Community School District; Des Moines Public Schools waiver served on 9/10/2021, answer due 11/9/2021; Decorah Community School District waiver served on 9/10/2021, answer due 11/9/2021; Linn Mar Community School District waiver served on 9/10/2021, answer due 11/9/2021; Ankeny Community School District waiver served on 9/10/2021, answer due 11/9/2021; Johnston Community School District waiver served on 9/10/2021, answer due 11/9/2021; Council Bluffs Community School District waiver served on 9/10/2021, answer due 11/9/2021; Waterloo Community School District waiver served on 9/10/2021, answer due 11/9/2021; Denver Community School District waiver served on 9/10/2021, answer due 11/9/2021; Davenport Community School District waiver served on 9/10/2021, answer due 11/9/2021. (Latta, Kristy) (Entered: 09/10/2021)

Sept. 10, 2021

Sept. 10, 2021

RECAP
27

Minute Entry for proceedings held before Senior Judge Robert W. Pratt: Motion Hearing held on 9/10/2021 re 3 MOTION for Temporary Restraining Order filed by Plaintiffs. (Court Reporter Tonya Gerke.) (klw) (Entered: 09/10/2021)

Sept. 10, 2021

Sept. 10, 2021

RECAP
28

SUPPLEMENT/ADDENDUM 3 MOTION for Temporary Restraining Order and Preliminary Injunction by Charmaine Alexander, Johnathan Craig, Michelle Croft, Amanda Devereaux, Carissa Froyum Roise, Lidija Geest, Melissa Hadden, Heather Lynn Preston, Lisa Hardisty Sithonnorath, Rebekah Stewart, The Arc of Iowa, Erin Vercande. (Attachments: # 1 Exhibit Ex. A: Statement of nonresistance to TRO on behalf of Iowa City Community Schools, # 2 Exhibit Ex. B: State's Motion to Dismiss in Parr v. Reynolds, # 3 Exhibit Ex. C: Iowa Dept. of Education FAQs, # 4 Exhibit Ex. D: Iowa Dept. of Public Health Guidance for Schools, # 5 Exhibit Ex. E: Statement of position by Council Bluffs school board member, # 6 Exhibit Ex. F: Statement of position by Urbandale school board member)(Bettis Austen, Rita) (Entered: 09/10/2021)

1 Exhibit Ex. A: Statement of nonresistance to TRO on behalf of Iowa City Communit

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2 Exhibit Ex. B: State's Motion to Dismiss in Parr v. Reynolds

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3 Exhibit Ex. C: Iowa Dept. of Education FAQs

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4 Exhibit Ex. D: Iowa Dept. of Public Health Guidance for Schools

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5 Exhibit Ex. E: Statement of position by Council Bluffs school board member

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6 Exhibit Ex. F: Statement of position by Urbandale school board member

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Sept. 10, 2021

Sept. 10, 2021

Clearinghouse
29

***Filed Incorrectly*** Errata re 24 Notice of Appearance filed by Davenport Community School District. (Van Heukelem, Miriam) Modified on 9/14/2021 (kjw). (Entered: 09/13/2021)

Sept. 13, 2021

Sept. 13, 2021

RECAP
30

***Filed Incorrectly duplicate filing to 25 *** NOTICE of Appearance by Kristy Michelle Latta on behalf of Davenport Community School District (Latta, Kristy) Modified on 9/14/2021 (kjw). (Entered: 09/13/2021)

Sept. 13, 2021

Sept. 13, 2021

RECAP
31

***Filed Incorrectly*** Errata re 30 Notice of Appearance filed by Davenport Community School District. (Van Heukelem, Miriam) Modified on 9/14/2021 (kjw). (Entered: 09/13/2021)

Sept. 13, 2021

Sept. 13, 2021

RECAP
32

TEMPORARY RESTRAINING ORDER granting 3 Motion for Temporary Restraining Order. See TRO for Particulars. Signed by Senior Judge Robert W. Pratt on 9/13/2021. (klw) (Entered: 09/13/2021)

Sept. 13, 2021

Sept. 13, 2021

Clearinghouse
33

NOTICE of Appearance by Miriam D. Van Heukelem on behalf of Davenport Community School District (Van Heukelem, Miriam) (Entered: 09/14/2021)

Sept. 14, 2021

Sept. 14, 2021

PACER
34

NOTICE of Appearance by Timothy A. Clausen on behalf of Council Bluffs Community School District (Clausen, Timothy) (Entered: 09/15/2021)

Sept. 15, 2021

Sept. 15, 2021

PACER
35

MOTION to Withdraw as Attorney for Defendant Council Bluffs Comm. School District by Council Bluffs Community School District.Motions referred to Stephen B. Jackson, Jr. Responses due by 9/29/2021. (Van Heukelem, Miriam) (Entered: 09/15/2021)

Sept. 15, 2021

Sept. 15, 2021

RECAP
36

NOTICE by Council Bluffs Community School District Attorney Withdrawal of Kristy M. Latta on behalf of Defendant Council Bluffs Comm. School District (Latta, Kristy) (Entered: 09/15/2021)

Sept. 15, 2021

Sept. 15, 2021

RECAP
37

TRANSCRIPT of Proceedings re 27 Motion Hearing held on 09/10/2021 before Judge Robert W. Pratt. Court Reporter: Tonya R. Gerke, Telephone Number: (515) 284-6444. Page Nos.: 1-55. Transcript may be viewed at court public terminal or purchased through Court Reporter before deadline for Release of Transcript Restriction. After that date it may be obtained through court reporter, Clerk's Office, or PACER. Redaction Request due 10/12/2021. Redacted Transcript Deadline set for 10/21/2021. Release of Transcript Restriction set for 12/20/2021. (trg) (Entered: 09/17/2021)

Sept. 17, 2021

Sept. 17, 2021

RECAP
38

Corporate Disclosure/Statement of Interest by Charmaine Alexander, Johnathan Craig, Michelle Croft, Amanda Devereaux, Carissa Froyum Roise, Lidija Geest, Melissa Hadden, Heather Lynn Preston, Lisa Hardisty Sithonnorath, Rebekah Stewart, The Arc of Iowa, Erin Vercande. (Wakschlag, Shira) (Entered: 09/17/2021)

Sept. 17, 2021

Sept. 17, 2021

Clearinghouse
39

Unresisted MOTION to file overlength brief by Ann Lebo, Kim Reynolds.Motions referred to Stephen B. Jackson, Jr. Responses due by 10/1/2021. (Attachments: # 1 Brief in Support Resistance to Motion for Preliminary Injunction, # 2 Affidavit Declaration of Stacey Givens, # 3 Affidavit Declaration of Pam Gronau, # 4 Affidavit Declaration of Kendra Parker)(Langholz, Samuel) (Entered: 09/17/2021)

1 Brief in Support Resistance to Motion for Preliminary Injunction

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2 Affidavit Declaration of Stacey Givens

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3 Affidavit Declaration of Pam Gronau

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4 Affidavit Declaration of Kendra Parker

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Sept. 17, 2021

Sept. 17, 2021

PACER
40

TEXT ORDER granting 39 Defendants Governor Kim Reynolds and Ann Lebo's Unresisted Motion for Overlength Resistance. Pursuant to Local Rule 7(h), the Clerk of Court is directed to detach and docket the brief and exhibits attached to the motion. Signed by Magistrate Judge Stephen B. Jackson, Jr. on 9/20/2021. (jeb) (Entered: 09/20/2021)

Sept. 20, 2021

Sept. 20, 2021

PACER

File Overlength Brief

Sept. 20, 2021

Sept. 20, 2021

PACER
41

TEXT ORDER RULE 16 Status Conference set for 9/22/2021 11:00 AM in Phone Hearing(RP). Counsel shall call 1-877-336-1828 and enter code 9317033. Hearing will be held before Senior Judge Robert W. Pratt.. Signed by Senior Judge Robert W. Pratt on 9/21/2021. (mlm) (Entered: 09/21/2021)

Sept. 21, 2021

Sept. 21, 2021

PACER
42

RESPONSE to Motion re 3 MOTION for Preliminary Injunction filed by Ann Lebo, Kim Reynolds. Replies due by 9/28/2021. (Attachments: # 1 Affidavit Declaration of Stacey Givens, # 2 Affidavit Declaration of Pam Gronau, # 3 Affidavit Declaration of Kendra Parker) (bp) (Entered: 09/21/2021)

1 Affidavit Declaration of Stacey Givens

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2 Affidavit Declaration of Pam Gronau

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3 Affidavit Declaration of Kendra Parker

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Sept. 21, 2021

Sept. 21, 2021

RECAP

~Util - Set Hearings AND Order

Sept. 21, 2021

Sept. 21, 2021

PACER
43

TEXT Minute Entry for proceedings held before Senior Judge Robert W. Pratt: Telephonic Rule 16 Status Conference held on 9/22/2021. Plaintiffs intend to file Motion to Extend TRO and Reply to TRO Motion. Defendants Reynolds and Lebo shall provide the Court with evidence establishing rational basis for proposed bond amount. Parties agree no preliminary injunction hearing will be needed. Court time: 11 minutes. (Court Reporter Delayne Johnson.) (klw) (Entered: 09/22/2021)

Sept. 22, 2021

Sept. 22, 2021

PACER
44

First MOTION 14-day Extension of TRO re 32 Order on Motion for TRO by Charmaine Alexander, Johnathan Craig, Michelle Croft, Amanda Devereaux, Carissa Froyum Roise, Lidija Geest, Melissa Hadden, Heather Lynn Preston, Lisa Hardisty Sithonnorath, Rebekah Stewart, The Arc of Iowa, Erin Vercande.Motions referred to Stephen B. Jackson, Jr. Responses due by 10/6/2021. (Bettis Austen, Rita) (Entered: 09/22/2021)

Sept. 22, 2021

Sept. 22, 2021

RECAP

Status Conference

Sept. 22, 2021

Sept. 22, 2021

PACER
45

RESPONSE to Motion re 44 First MOTION 14-day Extension of TRO re 32 Order on Motion for TRO filed by Ann Lebo, Kim Reynolds. Replies due by 9/30/2021. (Attachments: # 1 Affidavit Declaration of Joni Boone, # 2 Affidavit Declaration of Nicholas Doy)(Langholz, Samuel) (Entered: 09/23/2021)

1 Affidavit Declaration of Joni Boone

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2 Affidavit Declaration of Nicholas Doy

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Sept. 23, 2021

Sept. 23, 2021

PACER
46

RESPONSE to Motion re 3 MOTION for Temporary Restraining Order and Preliminary Injunction Supplemental Response re Bond Amount filed by Ann Lebo, Kim Reynolds. Replies due by 10/1/2021. (Attachments: # 1 Affidavit Declaration of Samuel P. Langholz)(Langholz, Samuel) (Entered: 09/24/2021)

Sept. 24, 2021

Sept. 24, 2021

PACER
47

RESPONSE to Motion re 3 MOTION for Temporary Restraining Order and Preliminary Injunction Supplemental Response - Notice of Additional Authority filed by Ann Lebo, Kim Reynolds. Replies due by 10/4/2021. (Attachments: # 1 Exhibit Order Denying Preliminary Injunction in Hayes v. DeSantis, # 2 Exhibit Order Denying TRO in E.T. v. Abbott)(Langholz, Samuel) (Entered: 09/25/2021)

1 Exhibit Order Denying Preliminary Injunction in Hayes v. DeSantis

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2 Exhibit Order Denying TRO in E.T. v. Abbott

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Sept. 25, 2021

Sept. 25, 2021

PACER
48

***MOTION to file overlength brief*** REPLY re 3 MOTION for Temporary Restraining Order and Preliminary Injunction filed by Charmaine Alexander, Johnathan Craig, Michelle Croft, Amanda Devereaux, Carissa Froyum Roise, Lidija Geest, Melissa Hadden, Heather Lynn Preston, Lisa Hardisty Sithonnorath, Rebekah Stewart, The Arc of Iowa, Erin Vercande. (Attachments: # 1 Overlength Brief, # 2 Affidavit Supplemental Declaration, # 3 Affidavit Supplemental Declaration, # 4 Affidavit Supplemental Declaration, # 5 Affidavit Supplemental Declaration, # 6 Affidavit Supplemental Declaration, # 7 Affidavit Supplemental Declaration, # 8 Affidavit Supplemental Declaration, # 9 Affidavit Supplemental Declaration, # 10 Affidavit Supplemental Declaration, # 11 Affidavit Supplemental Declaration, # 12 Affidavit Supplemental Declaration, # 13 Affidavit Supplemental Declaration, # 14 Affidavit Supplemental Declaration, # 15 Affidavit Supplemental Declaration, # 16 Affidavit Supplemental Declaration, # 17 Exhibit Freedman Dec. Ex. A, # 18 Exhibit Freedman Dec. Ex. B, # 19 Exhibit Freedman Dec. Ex. C, # 20 Exhibit Freedman Dec. Ex. D, # 21 Exhibit Freedman Dec. Ex. E, # 22 Exhibit Freedman Dec. Ex. F, # 23 Exhibit Freedman Dec. Ex. G, # 24 Exhibit Freedman Dec. Ex. H, # 25 Exhibit Freedman Dec. Ex. I, # 26 Exhibit Freedman Dec. Ex. J, # 27 Exhibit Freedman Dec. Ex. K)(Bettis Austen, Rita) Modified on 9/28/2021 (kjw). (Entered: 09/27/2021)

1 Overlength Brief

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2 Affidavit Supplemental Declaration

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3 Affidavit Supplemental Declaration

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4 Affidavit Supplemental Declaration

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5 Affidavit Supplemental Declaration

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6 Affidavit Supplemental Declaration

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7 Affidavit Supplemental Declaration

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8 Affidavit Supplemental Declaration

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9 Affidavit Supplemental Declaration

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10 Affidavit Supplemental Declaration

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11 Affidavit Supplemental Declaration

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12 Affidavit Supplemental Declaration

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13 Affidavit Supplemental Declaration

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14 Affidavit Supplemental Declaration

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15 Affidavit Supplemental Declaration

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16 Affidavit Supplemental Declaration

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17 Exhibit Freedman Dec. Ex. A

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18 Exhibit Freedman Dec. Ex. B

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19 Exhibit Freedman Dec. Ex. C

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20 Exhibit Freedman Dec. Ex. D

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21 Exhibit Freedman Dec. Ex. E

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22 Exhibit Freedman Dec. Ex. F

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23 Exhibit Freedman Dec. Ex. G

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24 Exhibit Freedman Dec. Ex. H

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25 Exhibit Freedman Dec. Ex. I

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26 Exhibit Freedman Dec. Ex. J

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27 Exhibit Freedman Dec. Ex. K

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Sept. 26, 2021

Sept. 26, 2021

PACER
49

ORDER granting 44 Motion for 14-day Extension of TRO. Signed by Senior Judge Robert W. Pratt on 9/27/2021. (kjc) (Entered: 09/27/2021)

Sept. 27, 2021

Sept. 27, 2021

RECAP
50

NOTICE of Appearance by Caitlin Slessor on behalf of American Academy of Pediatrics, Iowa Chapter of American Academy of Pediatrics (Slessor, Caitlin) (Entered: 09/28/2021)

Sept. 28, 2021

Sept. 28, 2021

PACER
51

NOTICE of Appearance by Samuel E. Jones on behalf of American Academy of Pediatrics, Iowa Chapter of American Academy of Pediatrics (Jones, Samuel) (Entered: 09/28/2021)

Sept. 28, 2021

Sept. 28, 2021

PACER
52

MOTION for Leave to Appear Pro Hac Vice Receipt Number: 0863-4610644 Fee paid in the amount of $100. by American Academy of Pediatrics, Iowa Chapter of American Academy of Pediatrics. (Dubner, Jeffrey) (Entered: 09/28/2021)

Sept. 28, 2021

Sept. 28, 2021

PACER
53

MOTION for Leave to Appear Pro Hac Vice Receipt Number: 0863-4610677 Fee paid in the amount of $100. by American Academy of Pediatrics, Iowa Chapter of American Academy of Pediatrics. (Spence, Samara) (Entered: 09/28/2021)

Sept. 28, 2021

Sept. 28, 2021

PACER
54

MOTION for Leave to File AAP Amicus Brief by American Academy of Pediatrics, Iowa Chapter of American Academy of Pediatrics.Motions referred to Stephen B. Jackson, Jr. Responses due by 10/12/2021. (Attachments: # 1 Exhibit A)(Slessor, Caitlin) (Entered: 09/28/2021)

Sept. 28, 2021

Sept. 28, 2021

PACER
55

TEXT ORDER granting 52 Motion for Leave to Appear Pro Hac Vice Jeffrey B. Dubner. Signed by Magistrate Judge Stephen B. Jackson, Jr on 9/28/2021. (btg) (Entered: 09/28/2021)

Sept. 28, 2021

Sept. 28, 2021

PACER
56

TEXT ORDER granting 53 Motion for Leave to Appear Pro Hac Vice Samara Spence. Signed by Magistrate Judge Stephen B. Jackson, Jr on 9/28/2021. (btg) (Entered: 09/28/2021)

Sept. 28, 2021

Sept. 28, 2021

PACER

Appear Pro Hac Vice

Sept. 28, 2021

Sept. 28, 2021

PACER
57

TEXT ORDER granting 48 Plaintiffs' unresisted Motion to file overlength brief. Reply Brief and attachments shall stand as filed in Entry 48 . Signed by Senior Judge Robert W. Pratt on 9/29/2021. (klw) Modified on 9/29/2021 corrected text per chambers (kjw). (Entered: 09/29/2021)

Sept. 29, 2021

Sept. 29, 2021

PACER
58

TEXT ORDER granting the American Academy of Pediatrics and Iowa Chapter of American Academy of Pediatrics' 54 unresisted Motion for Leave to File AAP Amicus Brief. The Court believes the proposed amicus brief is timely and will be useful to the administration of justice in this case. The Clerk of Court is directed to detach and docket the brief attached to the Motion as Exhibit A. Signed by Senior Judge Robert W. Pratt on 9/29/2021. (klw) (Entered: 09/29/2021)

Sept. 29, 2021

Sept. 29, 2021

PACER

File Overlength Brief

Sept. 29, 2021

Sept. 29, 2021

PACER

Leave to File

Sept. 29, 2021

Sept. 29, 2021

PACER
59

AMICUS BRIEF by American Academy of Pediatrics, Iowa Chapter of American Academy of Pediatrics. (kjw) (Entered: 09/30/2021)

Sept. 30, 2021

Sept. 30, 2021

Clearinghouse

Chief Magistrate Judge Helen C. Adams added. Magistrate Judge Stephen B. Jackson, Jr no longer assigned to case. (don)

Sept. 30, 2021

Sept. 30, 2021

PACER
60

ORDER granting 3 Motion for Preliminary Injunction. See Order for particulars. Signed by Senior Judge Robert W. Pratt on 10/8/2021. (klw) (Entered: 10/08/2021)

Oct. 8, 2021

Oct. 8, 2021

Clearinghouse
61

NOTICE OF INTERLOCUTORY APPEAL as to 60 Order on Motion for TRO by Ann Lebo, Kim Reynolds. Filing fee $ 505, receipt number 0863-4620654. (Langholz, Samuel) (Entered: 10/08/2021)

Oct. 8, 2021

Oct. 8, 2021

RECAP
62

NOTIFICATION OF APPEAL and NOA Supplement by District Court Clerk to USCA re 61 Notice of Interlocutory Appeal filed on 10/8/2021. (vr) (Entered: 10/08/2021)

Oct. 8, 2021

Oct. 8, 2021

RECAP
63

USCA Case Number 21-3268 for 61 Notice of Interlocutory Appeal filed by Ann Lebo, Kim Reynolds. (vr) (Entered: 10/08/2021)

Oct. 8, 2021

Oct. 8, 2021

RECAP
64

USCA Scheduling Order as to 61 Notice of Interlocutory Appeal filed by Ann Lebo, Kim Reynolds. (vr) (Entered: 10/08/2021)

Oct. 8, 2021

Oct. 8, 2021

RECAP
65

NOTICE of Appearance by Charles Joseph Holland on behalf of Iowa City Community School District (Holland, Charles) (Entered: 10/13/2021)

Oct. 13, 2021

Oct. 13, 2021

RECAP
66

NOTICE of Appearance by Crystal K Raiber on behalf of Iowa City Community School District (Raiber, Crystal) (Entered: 10/13/2021)

Oct. 13, 2021

Oct. 13, 2021

RECAP
67

USCA Scheduling Order setting brief deadlines as to 61 Notice of Interlocutory Appeal filed by Ann Lebo, Kim Reynolds. (don) (Entered: 10/15/2021)

Oct. 15, 2021

Oct. 15, 2021

RECAP
68

Unresisted MOTION to Stay Proceedings by Ann Lebo, Kim Reynolds.Motions referred to Helen C. Adams. Responses due by 10/29/2021. (Langholz, Samuel) (Entered: 10/15/2021)

Oct. 15, 2021

Oct. 15, 2021

RECAP
70

TRANSCRIPT of Proceedings re 43 Status Conference, held on 09/22/2021 before Judge Robert W. Pratt. Court Reporter/Transcriber: Delayne Johnson, Telephone Number: 515-224-1166. Page No(s).: 13. Transcript may be viewed at court public terminal or purchased through Court Reporter/Transcriber before deadline for Release of Transcript Restriction. After that date it may be obtained through court reporter, Clerk's Office, or PACER.. Redaction Request due 11/8/2021. Redacted Transcript Deadline set for 11/18/2021. Release of Transcript Restriction set for 1/18/2022. ***Note transcript is showing the wrong case number*** (don) (Entered: 10/19/2021)

Oct. 15, 2021

Oct. 15, 2021

PACER
69

TEXT ORDER granting 68 Unresisted Motion to Stay Proceedings by Ann Lebo, Kim Reynolds. The Court holds in abeyance all deadlines pending issuance of the mandate from the Eighth Circuit in the interlocutory appeal. This Order does not stay or otherwise affect the preliminary injunction already ordered by this Court. Signed by Chief Magistrate Judge Helen C. Adams on 10/18/2021. (jsa) (Entered: 10/18/2021)

Oct. 18, 2021

Oct. 18, 2021

PACER

Stay

Oct. 18, 2021

Oct. 18, 2021

PACER
71

Documents Sent re 61 Notice of Interlocutory Appeal : Transcript of hearing held on 9/22/2021. (don) (Entered: 10/19/2021)

Oct. 19, 2021

Oct. 19, 2021

RECAP
72

MOTION for Leave to Appear Pro Hac Vice Receipt Number: 0863-4668036 Fee paid in the amount of $100. by Charmaine Alexander, Johnathan Craig, Michelle Croft, Amanda Devereaux, Carissa Froyum Roise, Lidija Geest, Melissa Hadden, Heather Lynn Preston, Lisa Hardisty Sithonnorath, Rebekah Stewart, The Arc of Iowa, Erin Vercande. (Mizner, Susan) (Entered: 11/30/2021)

Nov. 30, 2021

Nov. 30, 2021

RECAP
73

TEXT ORDER granting 72 Motion for Leave to Appear Pro Hac Vice Susan Phyllis Mizner. Signed by Chief Magistrate Judge Helen C. Adams on 11/30/2021. (btg) (Entered: 11/30/2021)

Nov. 30, 2021

Nov. 30, 2021

PACER

Appear Pro Hac Vice

Nov. 30, 2021

Nov. 30, 2021

PACER
74

MOTION for Leave to Appear Pro Hac Vice Receipt Number: 0863-4674568 Fee paid in the amount of $100. by Charmaine Alexander, Johnathan Craig, Michelle Croft, Amanda Devereaux, Carissa Froyum Roise, Lidija Geest, Melissa Hadden, Heather Lynn Preston, Lisa Hardisty Sithonnorath, Rebekah Stewart, The Arc of Iowa, Erin Vercande. (Melling, Louise) (Entered: 12/07/2021)

Dec. 7, 2021

Dec. 7, 2021

RECAP
75

TEXT ORDER granting 74 Motion for Leave to Appear Pro Hac Vice Louise Melling. Signed by Chief Magistrate Judge Helen C. Adams on 12/7/2021. (btg) (Entered: 12/07/2021)

Dec. 7, 2021

Dec. 7, 2021

PACER

Appear Pro Hac Vice

Dec. 7, 2021

Dec. 7, 2021

PACER
76

***VACATED PER ORDER 77 *** OPINION/JUDGMENT of USCA advising the judgment of the district court in this cause is vacated and the cause remanded to the district court for proceedings consistent with the opinion of the 8th CCA as to 61 Notice of Interlocutory Appeal filed by Ann Lebo, Kim Reynolds. Mandate to issue in 14 days. (Attachments: # 1 Opinion, # 2 Judgment) (vr) Modified on 3/30/2022 (kjw). (Entered: 02/01/2022)

1 Opinion

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2 Judgment

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Feb. 1, 2022

Feb. 1, 2022

Clearinghouse
77

ORDER of USCA as to 61 Notice of Interlocutory Appeal filed by Ann Lebo, Kim Reynolds. (vr) (Entered: 03/29/2022)

March 29, 2022

March 29, 2022

Clearinghouse
78

OPINION/JUDGMENT of USCA advising the district court's preliminary injunction is vacated as moot. The Court's previous opinion of 1/25/2022, also is vacated. The Appellees' motion for remand and for attorney's fees is denied as moot. The case is remanded for further proceedings consistent with the opinion of May 16, 2022, as to 61 Notice of Interlocutory Appeal filed by Ann Lebo, Kim Reynolds. Mandate to issue in 14 days. (Attachments: # 1 Opinion, # 2 Judgment) (vr) (Entered: 05/17/2022)

1 Opinion

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2 Judgment

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May 17, 2022

May 17, 2022

PACER
79

TEXT ORDER SETTING STATUS CONFERENCE: A Status Conference is set for 6/22/2022 at 09:30 AM before Chief Magistrate Judge Helen C. Adams. Counsel shall call 1-877-336-1829 and enter code 1176783. Signed by Chief Magistrate Judge Helen C. Adams on 5/19/2022. (jsa) (Entered: 05/19/2022)

May 19, 2022

May 19, 2022

PACER

~Util - Set Hearings AND Order

May 19, 2022

May 19, 2022

PACER
80

MANDATE of USCA as to 61 Notice of Interlocutory Appeal filed by Ann Lebo, Kim Reynolds. (vr) (Entered: 06/08/2022)

June 8, 2022

June 8, 2022

Clearinghouse
81

Unresisted MOTION for Extension of Time to File Answer or Pre-Answer Motion to Dismiss by Ann Lebo, Kim Reynolds.Motions referred to Helen C. Adams. (Langholz, Samuel) (Entered: 06/08/2022)

June 8, 2022

June 8, 2022

RECAP
82

TEXT ORDER granting 81 Motion for Extension of Time to Answer. Defendants may have to and including 7/1/2022 to file their answer or otherwise respond to the complaint. Signed by Chief Magistrate Judge Helen C. Adams on 6/10/2022. (jsa) (Entered: 06/10/2022)

June 10, 2022

June 10, 2022

PACER

Extension of Time to Answer

June 10, 2022

June 10, 2022

PACER

Case Details

State / Territory: Iowa

Case Type(s):

Disability Rights

Education

Key Dates

Filing Date: Sept. 3, 2021

Closing Date: March 19, 2024

Case Ongoing: No reason to think so

Plaintiffs

Plaintiff Description:

individual students and organization

Plaintiff Type(s):

Private Plaintiff

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

Governor of Iowa, State

Director of the Iowa Department of Education, State

Des Moines Public School (Des Moines), City

Johnston Public School (Johnston), City

Davenport Community School District (Davenport), City

Decorah Community School District (Decorah), City

Waterloo Community School District (Waterloo), City

Ankeny Community School District (Ankeny), City

Denver Community School District (Denver), City

Council Bluffs Community School District (Council Bluffs), City

Iowa City Community School District (Iowa City), City

Linn Mar Community School District (Linn Mar), City

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12111 et seq.

Section 504 (Rehabilitation Act), 29 U.S.C. § 701

Available Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Source of Relief:

None

Issues

Disability and Disability Rights:

Disability, unspecified