Case: P.A. v. Iowa Department of Health and Human Services

C.A. v. Garcia

COMPLAINT 4:23-cv-0009 against All Defendants Filing fee paid in the amount of $ 402, receipt number AIASDC-5020903., filed by C.C. through his next friend P.C., C.A. through their next friend P.A., C.B. through his next friend P.B.. Notice of Dismissal for lack of Service deadline set for 4/6/2023. Rule 16 Notice of Dismissal set for 4/6/2023.(Miller, Cynthia) (Entered: 01/06/2023)

First MOTION A. Granting Plaintiffs leave to proceed in this matter with the use of pseudonymous initials for the Named Plaintiff children and Next Friend parents; B. Ordering Defendants not to publicly disclose the names of the Named Plaintiff children or Next Friend parents after Defendants are advised of their names by Plaintiffs; C. Ordering that Plaintiffs and Defendants submit all publicly-filed pleadings, briefings, and evidence using the Named Plaintiff childrens and Next Friend parents pseudonymous initials instead of their names; and D. Granting such other and further relief as may be just and proper. Motion to Proceed Using Pseudonyms by C.B. through his next friend P.B., C.C. through his next friend P.C., C.A. through their next friend P.A..Motions referred to Helen C. Adams. Responses due by 1/20/2023. (Attachments: # 1 Brief in Support Brief in Support of Plaintiffs' Motion to Proceed Using Pseudonyms)(Miller, Cynthia) (Entered: 01/06/2023)

1 Brief in Support Brief in Support of Plaintiffs' Motion to Proceed Using Ps

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ORDER GRANTING 2 MOTION TO PROCEED USING PSEUDONYMS. See Order for particulars. Signed by Chief Magistrate Judge Helen C. Adams on 1/9/2023. (amp) (Entered: 01/09/2023)

Summons Note: Counsel should download the attached summons. In compliance with Rule 4 of the Rules of Civil Procedure for summons. (bp) (Entered: 01/09/2023)

MOTION for Leave to Appear Pro Hac Vice Receipt Number: AIASDC-5025352 Fee paid in the amount of $100. by P.A., P.B., P.C.. (Kirstein, Nathan) (Entered: 01/11/2023)

MOTION for Leave to Appear Pro Hac Vice Receipt Number: AIASDC-5025360 Fee paid in the amount of $100. by P.A., P.B., P.C.. (Kirstein, Nathan) (Entered: 01/11/2023)

MOTION for Leave to Appear Pro Hac Vice Receipt Number: AIASDC-5025368 Fee paid in the amount of $100. by P.A., P.B., P.C.. (Kirstein, Nathan) (Entered: 01/11/2023)

MOTION for Leave to Appear Pro Hac Vice Receipt Number: AIASDC-5025376 Fee paid in the amount of $100. by P.A., P.B., P.C.. (Kirstein, Nathan) (Entered: 01/11/2023)

MOTION for Leave to Appear Pro Hac Vice Receipt Number: AIASDC-5025319 Fee paid in the amount of $100. by P.A., P.B., P.C.. (Kirstein, Nathan) (Entered: 01/11/2023)

MOTION for Leave to Appear Pro Hac Vice Receipt Number: AIASDC-5025324 Fee paid in the amount of $100. by P.A., P.B., P.C.. (Kirstein, Nathan) (Entered: 01/11/2023)

MOTION for Leave to Appear Pro Hac Vice Receipt Number: AIASDC-5025327 Fee paid in the amount of $100. by P.A., P.B., P.C.. (Kirstein, Nathan) (Entered: 01/11/2023)

MOTION for Leave to Appear Pro Hac Vice Receipt Number: AIASDC-5025328 Fee paid in the amount of $100. by P.A., P.B., P.C.. (Kirstein, Nathan) (Entered: 01/11/2023)

MOTION for Leave to Appear Pro Hac Vice Receipt Number: AIASDC-5025336 Fee paid in the amount of $100. by P.A., P.B., P.C.. (Kirstein, Nathan) (Entered: 01/11/2023)

TEXT ORDER granting 5 Motion for Leave to Appear Pro Hac Vice Harry Frischer; granting 7 Motion for Leave to Appear Pro Hac Vice Stephanie Persson; granting 12 Motion for Leave to Appear Pro Hac Vice Timothy R. Farrell. Signed by Chief Magistrate Judge Helen C. Adams on 1/12/2023. (btg) (Entered: 01/12/2023)

TEXT ORDER granting 6 Motion for Leave to Appear Pro Hac Vice Madeleine M. Kinney; granting 8 Motion for Leave to Appear Pro Hac Vice Shira Wisotsky; granting 9 Motion for Leave to Appear Pro Hac Vice Arielle Linsey; granting 10 Motion for Leave to Appear Pro Hac Vice Kimberly Lewis; granting 11 Motion for Leave to Appear Pro Hac Vice Martha Geron Gadd. Signed by Chief Magistrate Judge Helen C. Adams on 1/12/2023. (btg) (Entered: 01/12/2023)

Appear Pro Hac Vice AND Appear Pro Hac Vice AND Appear Pro Hac Vice

Appear Pro Hac Vice AND Appear Pro Hac Vice AND Appear Pro Hac Vice AND Appear Pro Hac Vice AND Appear Pro Hac Vice

SUMMONS Returned Executed by P.C., P.A., P.B.. Iowa Department of Health and Human Services served on 1/9/2023, answer due 1/30/2023. (Kinney, Madeleine) (Entered: 01/13/2023)

TEXT ORDER granting 13 Motion for Leave to Appear Pro Hac Vice Tyler Paladino. Signed by Chief Magistrate Judge Helen C. Adams on 1/17/2023. (btg) (Entered: 01/17/2023)

Appear Pro Hac Vice

NOTICE of Appearance by Kayla Louise Burkhiser Reynolds on behalf of Iowa Department of Health and Human Services (Burkhiser Reynolds, Kayla) (Entered: 01/19/2023)

MOTION for Extension of Time to File Motion or Pleading by Iowa Department of Health and Human Services.Motions referred to Helen C. Adams. Responses due by 2/2/2023. (Burkhiser Reynolds, Kayla) (Entered: 01/19/2023)

TEXT ORDER granting for good cause shown 19 Motion for Extension of Deadline. On or before 2/13/2023, Defendant shall answer or otherwise respond to Plaintiffs' complaint. Signed by Chief Magistrate Judge Helen C. Adams on 1/19/2023. (amp) (Entered: 01/19/2023)

Extension of Time to File

NOTICE of Appearance by Stanley J. Thompson on behalf of Iowa Department of Health and Human Services (Thompson, Stanley) (Entered: 01/20/2023)

MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Iowa Department of Health and Human Services. Responses due by 2/27/2023. (Attachments: # 1 Brief in Support of Partial MTD, # 2 Exhibit Attachment A)(Thompson, Stanley) (Entered: 02/13/2023)

RESPONSE to Motion re 22 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM BRIEF IN SUPPORT OF PLAINTIFFS RESISTANCE TO DEFENDANTS MOTION TO DISMISS filed by P.A., P.B., P.C.. Replies due by 3/6/2023.(Kirstein, Nathan) (Entered: 02/27/2023)

Withdrawal of Attorney by Shira Wisotsky. (Wisotsky, Shira) (Entered: 03/01/2023)

Unresisted MOTION for Extension of Time to File MTD Reply by Iowa Department of Health and Human Services.Motions referred to Helen C. Adams. Responses due by 3/15/2023. (Burkhiser Reynolds, Kayla) (Entered: 03/01/2023)

TEXT ORDER granting for good cause shown 25 Motion for Extension of Time to File. By 3/17/2023, Defendant shall file its Reply to Plaintiffs' Resistance to Defendant's Motion to Dismiss. Signed by Chief Magistrate Judge Helen C. Adams on 3/1/2023. (amp) (Entered: 03/01/2023)

Extension of Time to File

Joint MOTION for Protective Order by Iowa Department of Health and Human Services.Motions referred to Helen C. Adams. Responses due by 3/16/2023. (Attachments: # 1 Text of Proposed Order Protective Order)(Burkhiser Reynolds, Kayla) (Entered: 03/02/2023)

***Errata*** Joint MOTION for Protective Order (Revised) by Iowa Department of Health and Human Services.Motions referred to Helen C. Adams. Responses due by 3/22/2023. (Attachments: # 1 Text of Proposed Order Protective Order Revised)(Thompson, Stanley) Modified on 3/9/2023 linked to motion 27 (kjw). (Entered: 03/08/2023)

STIPULATED PROTECTIVE ORDER. Signed by Chief Magistrate Judge Helen C. Adams on 3/9/2023. (amp) (Entered: 03/09/2023)

REPLY re 22 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Iowa Department of Health and Human Services.(Burkhiser Reynolds, Kayla) (Entered: 03/17/2023)

PROPOSED SCHEDULING ORDER AND DISCOVERY PLAN . (Frischer, Harry) (Entered: 03/28/2023)

TEXT ORDER SETTING SCHEDULING CONFERENCE. Telephonic Scheduling Conference set for 4/7/2023 11:00 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 3/28/2023. (amp) (Entered: 03/28/2023)

~Util - Set Hearings AND Order

TEXT MINUTE ENTRY for proceedings held before Chief Magistrate Judge Helen C. Adams: Telephonic Scheduling Conference held on 4/7/2023. Attorneys Miller, Linsey, Frischer, Persson, Kirstein, and Gadd appeared for Plaintiffs. Attorneys Burkhiser Reynolds and Thompson appeared for Defendant. Status of the case discussed. Orders to follow. Total Court Time: 19 minutes. (amp) (Entered: 04/07/2023)

ORDER adopting as revised 31 PROPOSED SCHEDULING ORDER AND DISCOVERY PLAN: Initial Disclosures Deadline 4/20/2023. Motions to Add Parties due by 6/7/2023. Motions to Amend Pleadings due by 6/7/2023. Motion to Certify Class due by 12/18/2023. Opposition to Motion to Certify Class due 2/16/2024. Reply in Support of Motion to Certify Class due 3/29/2024. Plaintiffs Expert Witness Disclosures due by 12/18/2023. Defendants Expert Witness Disclosures due by 2/16/2024. Plaintiffs Rebuttal Witness Disclosures due by 3/29/2024. Discovery Deadline 3/29/2024. Dispositive Motion Deadline 4/29/2024. Final Pretrial Conference set for 9/27/2024 11:00 AM in Des Moines - Room 265 - 2nd Floor before Judge Stephen H. Locher. Bench Trial set for 10/15/2024 09:00 AM in Des Moines - Room 265 - 2nd Floor before Judge Stephen H. Locher. Estimated Length: 21 days. See Order for particulars and other deadlines. Signed by Chief Magistrate Judge Helen C. Adams on 4/7/2023. (Attachments: # 1 Supplement ESI Template) (amp) (Entered: 04/07/2023)

ORDER SETTING STATUS CONFERENCES. Telephonic Status Conferences set for 11:00 AM on 6/2/2023, 8/10/2023, 10/16/2023, 12/11/2023, 2/13/2024, and 4/11/2024 before Chief Magistrate Judge Helen C. Adams. Counsel shall call 1-877-336-1829 and enter code 1176783. Parties shall file a status report in accordance with this Order 2 business days prior to each status conference. Signed by Chief Magistrate Judge Helen C. Adams on 4/7/2023. (amp) (Entered: 04/07/2023)

ORDER REGARDING FINAL PRETRIAL CONFERENCE REQUIREMENTS. See Order for particulars. Signed by Chief Magistrate Judge Helen C. Adams on 4/7/2023. (Attachments: # 1 Supplement Fillable FPTO) (amp) (Entered: 04/07/2023)

Scheduling Conference

MOTION for Leave to Appear Pro Hac Vice Receipt Number: AIASDC-5123350 Fee paid in the amount of $100. by P.A., P.B., P.C.. (Kirstein, Nathan) (Entered: 04/24/2023)

TEXT ORDER granting 37 Motion for Leave to Appear Pro Hac Vice Aarti Iyer. Signed by Chief Magistrate Judge Helen C. Adams on 4/25/2023. (btg) (Entered: 04/25/2023)

Appear Pro Hac Vice

ORDER Denying 22 Partial Motion to Dismiss by Iowa Department of Health and Human Services. See Order for particulars. Signed by Judge Stephen H. Locher on 5/15/2023. (lcw) (Entered: 05/15/2023)

STATUS REPORT Parties Joint Submission Regarding June 2, 2023 Status Conference by P.A., P.B., P.C.. (Kirstein, Nathan) (Entered: 05/30/2023)

Defendants ANSWER to Complaint and Affirmative Defenses by Iowa Department of Health and Human Services.(Burkhiser Reynolds, Kayla) (Entered: 05/30/2023)

TEXT ORDER CANCELING STATUS CONFERENCE. In light of 40 Report, the status conference set for 6/2/2023 is canceled. Signed by Chief Magistrate Judge Helen C. Adams on 5/31/2023. (amp) (Entered: 05/31/2023)

1 - Terminate Hearings AND Order

STIPULATION Protocol for Discovery of Electronically Stored Information by P.A., P.B., P.C.. (Gadd, Martha) (Entered: 06/09/2023)

NOTICE of Appearance by Adam Kenworthy on behalf of Iowa Department of Health and Human Services (Kenworthy, Adam) (Entered: 06/21/2023)

MOTION for Hearing/Oral Argument Status Conference by Iowa Department of Health and Human Services.Motions referred to Helen C. Adams. Responses due by 7/7/2023. (Burkhiser Reynolds, Kayla) (Entered: 06/23/2023)

TEXT ORDER SETTING STATUS CONFERENCE, granting 45 Motion. Telephonic Status Conference set for 6/29/2023 at 11:00 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 6/23/2023. (amp) (Entered: 06/23/2023)

Order AND ~Util - Set Hearings AND ~Util - Terminate Motions

Joint MOTION for Settlement/Settlement Conference, Joint MOTION to Stay Proceedings by Iowa Department of Health and Human Services.Motions referred to Helen C. Adams. Responses due by 7/11/2023. (Burkhiser Reynolds, Kayla) (Entered: 06/27/2023)

TEXT MINUTE ENTRY for proceedings held before Chief Magistrate Judge Helen C. Adams: Telephonic Status Conference held on 6/29/2023. Attorneys Frischer, Gadd, Iyer, Johnson, Lewis, Linsey, and Persson appeared for Plaintiffs. Attorneys Kenworthy and S. Thompson appeared for Defendant. Status of the case discussed. Order to follow. Total Court Time: 25 minutes. (amp) (Entered: 06/29/2023)

TEXT ORDER granting in part 47 Motion for Settlement Conference/ Motion to Stay. The deadlines in the case are stayed until 9/27/2023 to allow the parties time to pursue settlement discussions. The status conference set for 8/10/2023 is canceled. All other status conferences remain as scheduled by 35 Order. Settlement conference shall be addressed and set by further order of the Court. Signed by Chief Magistrate Judge Helen C. Adams on 6/29/2023. (amp) (Entered: 06/29/2023)

Status Conference

Settlement/Settlement Conference AND Stay

ORDER SCHEDULING SETTLEMENT CONFERENCE, STATUS CONFERENCE, AND FOR CONFIDENTIAL STATEMENTS. Settlement Conference set for 8/11/2023 at 09:00 AM in Des Moines Courthouse before Magistrate Judge Ross A Walters(R). Telephonic Status Conference set for 7/18/2023 at 11:00 AM before Magistrate Judge Ross A Walters(R). See Order for parti culars. Signed by Magistrate Judge Ross A Walters(R) on 7/6/2023. (k) (Entered: 07/06/2023)

TEXT Minute Entry for proceedings held before Magistrate Judge Ross A Walters(R): Status Conference held on 7/18/2023. Attorneys Frischer, Gadd, Lewis, Linsey, Miller, and Persson appeared for plaintiffs. Attorneys Thompson, Kenworthy, Reynolds, and Reel-Schmidt appeared for defendant. Total time: 27 mins. Order to follow. (k) (Entered: 07/18/2023)

AMENDED ORDER REGARDING PERMISSION TO BRING ELECTRONIC DEVICES INTO THE COURTHOUSE FOR SETTLEMENT CONFERENCE AND FOR CONFIDENTIAL STATEMENTS. Signed by Magistrate Judge Ross A Walters(R) on 7/18/2023. (k) (Entered: 07/18/2023)

Status Conference

MOTION for Leave to Appear Pro Hac Vice Receipt Number: AIASDC-5194532 Fee paid in the amount of $100. by P.A., P.B., P.C.. (Miller, Cynthia) (Entered: 07/19/2023)

TEXT ORDER granting 53 Motion for Leave to Appear Pro Hac Vice Jessica Zou. Signed by Chief Magistrate Judge Helen C. Adams on 7/19/2023. (kjw) (Entered: 07/19/2023)

Appear Pro Hac Vice

TEXT ORDER: An inquiry was made re 52 Amended Order Regarding Permission to Bring Electronic Devices into the Courthouse for Settlement Conference. The cellphones/electronic devices include cellphones, laptops, and tablet computers. Signed by Magistrate Judge Ross A Walters(R) on 8/1/2023. (k) (Entered: 08/01/2023)

Order

***FILED IN ERROR*** Withdrawal of Attorney by Nathan David Kirstein. (Kirstein, Nathan) Modified on 8/3/2023 incorrect case (kjw). (Entered: 08/03/2023)

Withdrawal of Attorney by Nathan David Kirstein. (Kirstein, Nathan) (Entered: 08/03/2023)

TEXT Minute Entry for proceedings held before Magistrate Judge Ross A Walters(R): Settlement Conference held on 8/11/2023. Attorneys Frisher, Gadd, Johnson, Lewis, Miller, and Persson appeared for plaintiffs. Attorneys Thompson, Burkhiser, and Kenworthy appeared for defendant. Total court time: 6:30. (k) (Entered: 08/11/2023)

TEXT ORDER: Settlement conference was held in this matter on 8/11/2023. The process will continue. A timeline for exchanges of written proposals was agreed to, followed by a report to the undersigned on the progress made. Further proceedings will be held as appropriate. Signed by Magistrate Judge Ross A Walters(R) on 8/11/2023. (k) (Entered: 08/11/2023)

Order

Settlement Conference

MOTION to Withdraw as Attorney by Iowa Department of Health and Human Services.Motions referred to Helen C. Adams. Responses due by 8/30/2023. (Burkhiser Reynolds, Kayla) Modified on 8/17/2023 termed motion, not required (kjw). (Entered: 08/16/2023)

TEXT MINUTE Entry for proceedings held before Magistrate Judge Ross A Walters(R): Resumption of Settlement Conference held on 9/15/2023. Attorneys Frisher, Farrell, Lewis, Gadd, and Persson appeared for plaintiffs. Attorneys Thompson and Reel Schmidt appeared for defendants. Total court time: 1:00. (k) (Entered: 09/15/2023)

TEXT ORDER. Resumption of settlement conference was held in this matter on 9/15/2023. A status report will be forthcoming. Signed by Magistrate Judge Ross A Walters(R) on 9/15/2023. (k) (Entered: 09/15/2023)

Settlement Conference

Order

Joint MOTION for Settlement/Settlement Conference JOINT MOTION TO APPROVE INTERIM SETTLEMENT, CERTIFY THE CLASS, EXTEND THE STAY OF LITIGATION AND AMEND THE SCHEDULING ORDER by P.A., P.B., P.C..Motions referred to Helen C. Adams. Responses due by 10/16/2023. (Attachments: # 1 Exhibit, # 2 Text of Proposed Order)(Miller, Cynthia) (Entered: 10/02/2023)

STATUS REPORT by P.A., P.B., P.C.. (Persson, Stephanie) (Entered: 10/12/2023)

ORDER granting 63 JOINT MOTION TO APPROVE INTERIM SETTLEMENT, CERTIFY THE CLASS, EXTEND THE STAY OF LITIGATION AND AMEND THE SCHEDULING ORDER. The 10/15/2024 trial is canceled. All formal discovery and further litigation activity is stayed until July 1, 2024 pending further order of the Court. The parties shall submit joint status reports on 12/15/2023, 3/15/2024, and 6/14/2024. See Order for further particulars. Signed by Judge Stephen H. Locher on 10/12/2023. (mm) (Entered: 10/12/2023)

TEXT ORDER CANCELING STATUS CONFERENCE. In light of 64 Report, the status conference set for 10/16/2023 is canceled. Signed by Chief Magistrate Judge Helen C. Adams on 10/12/2023. (amp) (Entered: 10/12/2023)

1 - Terminate Hearings AND Order

STATUS REPORT by P.A., P.B., P.C.. (Persson, Stephanie) (Entered: 11/30/2023)

TEXT ORDER CANCELING STATUS CONFERENCES. Per 67 report, the status conference set for 12/11/2023 is canceled. In light of the status reports required by 65 Order, the telephonic status conferences set for 2/13/2024 and 4/11/2024 are canceled. Signed by Chief Magistrate Judge Helen C. Adams on 11/30/2023. (amp) (Entered: 11/30/2023)

1 - Terminate Hearings AND Order

STATUS REPORT by P.A., P.B., P.C.. (Persson, Stephanie) (Entered: 12/14/2023)

STATUS REPORT by P.A., P.B., P.C.. (Persson, Stephanie) (Entered: 03/15/2024)

Withdrawal of Attorney by Stanley J. Thompson. (Thompson, Stanley) (Entered: 05/20/2024)

NOTICE of Appearance by Lisa Anne Reel Schmidt on behalf of Iowa Department of Health and Human Services (Reel Schmidt, Lisa) (Entered: 06/10/2024)

Joint MOTION to Extend Stay of Litigation for the Purpose of Settlement Discussions by P.A., P.B., P.C..Motions referred to Helen C. Adams. Responses due by 6/28/2024. (Attachments: # 1 Text of Proposed Order)(Persson, Stephanie) (Entered: 06/14/2024)

TEXT ORDER granting Joint Motion to Extend Stay for Purpose of Settlement Discussions. The stay is extended until 10/1/2024. See ECF No. 65 . The parties shall file a status report by 9/3/2024. The Court retains jurisdiction to enforce the terms of the parties' Interim Agreement, as necessary. Signed by Magistrate Judge Helen C. Adams on 6/17/2024. (amp) Modified on 6/17/2024 changed "9/2" to "9/3." (amp). (Entered: 06/17/2024)

Set Deadlines/Hearings

Miscellaneous Relief

Set Deadlines/Hearings: Status Report due by 9/3/2024. (amp)

Joint MOTION to Extend Stay of Litigation by P.A., P.B., P.C..Motions referred to Helen C. Adams. Responses due by 9/13/2024. (Attachments: # 1 Text of Proposed Order)(Persson, Stephanie) (Entered: 08/30/2024)

TEXT ORDER granting 75 Joint Motion to Extend Stay for Purpose of Settlement Discussions. The stay is extended until 11/1/2024. See ECF No. 65 . The parties shall file a status report by 10/1/2024. The Court retains jurisdiction to enforce the terms of the parties' Interim Agreement, as necessary. Signed by Magistrate Judge Helen C. Adams on 9/3/2024. (nam) (Entered: 09/03/2024)