Case: Penguin Random House, LLC v. Robbins

4:23-cv-00478 | U.S. District Court for the Southern District of Iowa

Filed Date: Nov. 30, 2023

Case Ongoing

Clearinghouse coding complete

Case Summary

The Iowa governor signed SF 496 into law on May 26, 2023. SF 496 includes an Age-Appropriate Standard and an Identity and Orientation Prohibition. The Age-Appropriate Standard dictates that school libraries must contain “only age-appropriate materials” which cannot include “any material with descriptions or visual depictions of a sex act.” SF 496 defines sex act broadly and does not account for the value of a book as a whole or its literary, scientific, medical, artistic, or political value. Th…

The Iowa governor signed SF 496 into law on May 26, 2023. SF 496 includes an Age-Appropriate Standard and an Identity and Orientation Prohibition. The Age-Appropriate Standard dictates that school libraries must contain “only age-appropriate materials” which cannot include “any material with descriptions or visual depictions of a sex act.” SF 496 defines sex act broadly and does not account for the value of a book as a whole or its literary, scientific, medical, artistic, or political value. The Age-Appropriate Act also draws no distinction between what is appropriate for a kindergartener versus a high school student.  The Identity and Orientation Prohibition also prohibits school libraries from providing any program or promotion relating to “gender identity” or “sexual orientation” to students in kindergarten through sixth grade. SF 496 does not define what constitutes a program or promotion, nor does it provide guidance was to what types of materials “relate” to gender identity or sexual orientation. Under SF 496, teachers, libraries, and other educators face license sanctions and adverse employment actions for violations of SF 496, including termination of their employment. SF 496 was set to go into effect on January 1, 2024.

On November 30, 2023, a publishing company, four authors whose books had been targeted for removal, a parent of on behalf of his high-school-aged child, the Iowa State Education Association, four Iowa educators, a school librarian, and two teachers brought this lawsuit in the United States District Court for the Southern District of Iowa. Represented by private counsel, plaintiffs brought this lawsuit against the President and Director of the Iowa State Board of Education, the Chair of the Iowa State Board of Educational Examiners, the Board of Directors and Superintendent for the Urbandale Community School District, and the Board of Directors and Superintendent for the Norwalk Community School District. Plaintiffs alleged that the Age-Appropriate Standard and Identity and Orientation Prohibition provisions of SF 496 violated Plaintiffs’ First and Fourteenth Amendment rights in several ways:

·        The Age-Appropriate Standard and Identity and Orientation Prohibition constituted overbroad, content-based restrictions on speech in violation of publisher and author Plaintiffs’ First Amendment rights.

·        The Age-Appropriate Standard and Identity and Orientation Prohibition violated all Plaintiffs’ rights under the First and Fourteenth Amendment because it was unconstitutionally vague.

·        The Age-Appropriate Standard violated high school student Plaintiffs’ First Amendment right to receive information.

·        The Identity and Orientation Prohibition constituted viewpoint discrimination as applied in violation of publisher, author, and educator Plaintiffs’ First Amendment rights.

·        The Identity and Orientation Prohibition violated the rights of publisher, author, and educator Plaintiffs to Equal Protection under the Fourteenth Amendment.

Plaintiffs asked that the court grant declaratory relief, attorneys’ fees and costs, and preliminary and permanent injunctive relief enjoining defendants from enforcing the relevant provisions of SF 496. The case was assigned to Judge Stephen H. Lochner.

On December 8, 2023, Plaintiffs filed a motion for preliminary injunction, asking the court to enjoin defendants form enforcing SF 496 while the litigation proceeded. On December 20, 2023, defendants filed their opposition to Plaintiffs’ motion for preliminary injunction, and the school district defendants filed a motion to dismiss for failure to state a claim.

The court held oral argument regarding Plaintiffs’ motion for preliminary injunction on December 22, 2023. This oral argument was held simultaneously with the oral argument for a motion for preliminary injunction in GLBT Youth in Iowa Schools Task Force v. Reynolds, 4:23-cv-00474, which also challenged the constitutionality of SF 496.

On December 29, 2023, the district court granted Plaintiffs’ motion for preliminary injunction and enjoined defendants from enforcing the Age-Appropriate Standard and Identity and Orientation Prohibition provisions. The court first analyzed which plaintiffs had standing to challenge which provisions of SF 496. The court found that the educator Plaintiffs had standing to challenge both provisions, because they had already been required to remove books from their library or classroom book collections and/or credibly feared facing punishment under these provisions. The author and publisher Plaintiffs had standing to challenge the Age-Appropriate Standard because of its alleged impact on their First Amendment Rights and the stigmatizing effect of having their books removed for supposed “pornography.” The high school student had standing to challenge the Age-Appropriate Standing provision because it directly restricted what books she could access in her school’s library. Turning to the merits of parties’ arguments, the court found that the Age-Appropriate Standard was overbroad and unlikely to survive any standard of scrutiny and that the Identity and Orientation Prohibition, while facially neutral, was likely void for vagueness under the Fourteenth Amendment. For these reasons, the court enjoined defendants from enforcing either provision while the case proceeded. 2023 WL 9052113.

Defendants appealed the court’s order on preliminary injunction on January 12, 2024 to the United States Court of Appeals for the Eighth Circuit (24-1082). On January 17, 2024, defendants filed a motion to stay proceedings in the district court pending the appeal in the Eighth Circuit. On the same day, the district court granted defendants’ motion to stay and denied defendants’ motion to dismiss as moot.

The district court partially lifted its stay on February 5, 2024, to allow school district defendants to refile their motion to dismiss for failure to state a claim. The school district defendants refiled their motion to dismiss on February 13, 2024. In lieu of filing an opposition, Plaintiffs petitioned the court to file an amended complaint, which the court granted on March 28, 2024.

Plaintiffs filed their amended complaint on March 29, 2024. This complaint included additional factual allegations relating to the school district defendants. Plaintiffs argued that in using their discretion to restrict access to more books than the already unconstitutional SF 496 required, the school districts themselves engaged in policy-making and restrictions on speech in violation of the First and Fourteenth Amendments.

As of April 5, 2024, the school district defendants’ motion to dismiss is pending in the district court, and defendants’ appeal of the district court’s preliminary injunction is pending in the Eighth Circuit.

Summary Authors

Sarah Portwood (4/5/2024)

Related Cases

GLBT Youth in Iowa Schools Task Force v. Reynolds, Southern District of Iowa (2023)

Documents in the Clearinghouse

Document
1

4:23-cv-00478

Complaint for Declaratory and Injunctive Relief

Nov. 30, 2023

Nov. 30, 2023

Complaint
56

4:23-cv-00478

Order Granting in Part and Denying in Part Motion for Preliminary Injunction

GLBT Youth in Iowa Schools Task Force v. Reynolds

Dec. 29, 2023

Dec. 29, 2023

Order/Opinion

2023 WL 2023

73

4:23-cv-00478

Order

March 28, 2024

March 28, 2024

Order/Opinion
74

4:23-cv-00478

Amended Complaint for Declaratory and Injunctive Relief

March 29, 2024

March 29, 2024

Complaint

Docket

See docket on RECAP: https://www.courtlistener.com/docket/68048039/penguin-random-house-llc-v-robbins/

Last updated April 5, 2024, 3:01 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against All Defendants Filing fee paid in the amount of $ 402, receipt number AIASDC-5308289., filed by Iowa State Education Association, Laurie Halse Anderson, Penguin Random House, LLC, Scott Bonz, John Green, Alyson Browder, Mari Butler Abry, Malinda Lo, Daniel Gutmann, Jodi Picoult. Notice of Dismissal for lack of Service deadline set for 2/28/2024. Rule 16 Notice of Dismissal set for 2/28/2024. (Attachments: # 1 Complaint Ex. A, # 2 Complaint Ex. B, # 3 Cover Sheet)(Weinhardt, Mark) (Entered: 11/30/2023)

1 Complaint Ex. A

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2 Complaint Ex. B

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3 Cover Sheet

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Nov. 30, 2023

Nov. 30, 2023

Clearinghouse
2

Summons/Corporate Disclosure Packet Note: Counsel should download the attached summons and/or corporate disclosure packet, if applicable. In compliance with Rule 4 of the Rules of Civil Procedure for summons and Local Rule 7.1 for the disclosure statements. Corporate Disclosure Statement deadline set for plaintiff 12/21/2023. (Attachments: # 1 LR 7.1 Packet) (bp) (Entered: 11/30/2023)

Nov. 30, 2023

Nov. 30, 2023

PACER
3

NOTICE of Appearance by Todd M. Lantz on behalf of All Plaintiffs (Lantz, Todd) (Entered: 11/30/2023)

Nov. 30, 2023

Nov. 30, 2023

PACER
4

NOTICE of Appearance by Jason Robert Smith on behalf of All Plaintiffs (Smith, Jason) (Entered: 11/30/2023)

Nov. 30, 2023

Nov. 30, 2023

PACER

Add and Terminate Judges

Dec. 1, 2023

Dec. 1, 2023

PACER

Judge Stephen H. Locher added. Judge Rebecca Goodgame Ebinger no longer assigned to case. (btg)

Dec. 1, 2023

Dec. 1, 2023

PACER
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NOTICE of Appearance by Becky S. Knutson on behalf of Iowa State Education Association (Knutson, Becky) (Entered: 12/01/2023)

Dec. 1, 2023

Dec. 1, 2023

PACER
6

*** Filed in Error*** NOTICE of Appearance by Becky S. Knutson on behalf of Iowa State Education Association (Knutson, Becky) Modified on 12/1/2023 (bp - Phone call from counsel). (Entered: 12/01/2023)

Dec. 1, 2023

Dec. 1, 2023

PACER
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NOTICE of Appearance by Christy Ann Aumer Hickman on behalf of Alyson Browder, Mari Butler Abry, Daniel Gutmann, Iowa State Education Association (Hickman, Christy) (Entered: 12/01/2023)

Dec. 1, 2023

Dec. 1, 2023

PACER
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Errata re 5 Notice of Appearance filed by Iowa State Education Association. (Knutson, Becky) Modified on 12/1/2023 (bp - Correct pleading). (Entered: 12/01/2023)

Dec. 1, 2023

Dec. 1, 2023

PACER
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MOTION for Leave to Appear Pro Hac Vice Receipt Number: AIASDC-5311259 Fee paid in the amount of $100. by Scott Bonz, Alyson Browder, Mari Butler Abry, John Green, Daniel Gutmann, Laurie Halse Anderson, Iowa State Education Association, Malinda Lo, Penguin Random House, LLC, Jodi Picoult. (Weinhardt, Mark) (Entered: 12/04/2023)

Dec. 4, 2023

Dec. 4, 2023

PACER
10

MOTION for Leave to Appear Pro Hac Vice Receipt Number: AIASDC-5312034 Fee paid in the amount of $100. by Scott Bonz, Alyson Browder, Mari Butler Abry, John Green, Daniel Gutmann, Laurie Halse Anderson, Iowa State Education Association, Malinda Lo, Penguin Random House, LLC, Jodi Picoult. (Weinhardt, Mark) (Entered: 12/05/2023)

Dec. 5, 2023

Dec. 5, 2023

PACER

Appear Pro Hac Vice

Dec. 5, 2023

Dec. 5, 2023

PACER
11

MOTION for Leave to Appear Pro Hac Vice Receipt Number: AIASDC-5312035 Fee paid in the amount of $100. by Scott Bonz, Alyson Browder, Mari Butler Abry, John Green, Daniel Gutmann, Laurie Halse Anderson, Iowa State Education Association, Malinda Lo, Penguin Random House, LLC, Jodi Picoult. (Weinhardt, Mark) (Entered: 12/05/2023)

Dec. 5, 2023

Dec. 5, 2023

PACER
12

TEXT ORDER granting 11 Motion for Leave to Appear Pro Hac Vice Adam J. Diederich. Signed by Magistrate Judge Stephen B. Jackson, Jr on 12/5/2023. (nla) (Entered: 12/05/2023)

Dec. 5, 2023

Dec. 5, 2023

PACER
13

TEXT ORDER granting 10 Motion for Leave to Appear Pro Hac Vice Meera Sarina Gorjala. Signed by Magistrate Judge Stephen B. Jackson, Jr on 12/5/2023. (nla) (Entered: 12/05/2023)

Dec. 5, 2023

Dec. 5, 2023

PACER
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MOTION for Leave to Appear Pro Hac Vice Receipt Number: AIASDC-5312890 Fee paid in the amount of $100. by Scott Bonz, Alyson Browder, Mari Butler Abry, John Green, Daniel Gutmann, Laurie Halse Anderson, Iowa State Education Association, Malinda Lo, Penguin Random House, LLC, Jodi Picoult. (Weinhardt, Mark) (Entered: 12/05/2023)

Dec. 5, 2023

Dec. 5, 2023

PACER
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TEXT ORDER granting 14 Motion for Leave to Appear Pro Hac Vice Kirstie Brenson. Signed by Magistrate Judge Stephen B. Jackson, Jr on 12/6/2023. (nla) (Entered: 12/06/2023)

Dec. 6, 2023

Dec. 6, 2023

PACER

Appear Pro Hac Vice

Dec. 6, 2023

Dec. 6, 2023

PACER

Order

Dec. 6, 2023

Dec. 6, 2023

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16

WAIVER OF SERVICE Returned Executed filed by John Robbins, Chad Janzen, McKenzie Snow; John Robbins waiver served on 12/6/2023, answer due 2/5/2024; Chad Janzen waiver served on 12/6/2023, answer due 2/5/2024; McKenzie Snow waiver served on 12/6/2023, answer due 2/5/2024. (Johnston, Daniel) (Entered: 12/06/2023)

Dec. 6, 2023

Dec. 6, 2023

PACER
17

TEXT ORDER regarding requests for preliminary injunctive relief. Plaintiffs' Complaint requests preliminary injunctive relief, but Plaintiffs have not filed a standalone motion for such relief or related briefing and declarations/affidavits. The Court recently set a hearing on December 22, 2023, at 9:00 a.m., on a motion for preliminary injunction in a separate case (Case No. 4:23-cv-474) relating to the same legislation at issue in this case. The Court would strongly prefer to hold a single, consolidated hearing on that date for both that case and any request for preliminary injunctive relief in this case. If Plaintiffs wish to participate in a consolidated hearing on December 22, 2023, they must file and serve their motion for preliminary injunction on or before December 12, 2023. Defendants will then have until December 20, 2023, to respond. If Plaintiffs file a motion on or before December 12, they should indicate in the motion whether they expect to present testimony at the hearing on December 22 and, if so, the length of time they reasonably expect such testimony to last. In turn, Defendants should file a Notice on or before December 14 indicating whether they intend to present testimony and, if so, the length of time they reasonably expect such testimony to last. Both sides are advised that, if necessary, the Court will have time available in the afternoon of December 21 if the parties believe a single day will be insufficient for the hearing. If so, the parties should so advise in their filings. Finally, should Plaintiffs wait to file a motion for preliminary injunction until after December 12, 2023, the Court cannot guarantee that it will be able to find a hearing date and issue a ruling in advance of January 1, 2024, particularly given the need to afford Defendants sufficient time to respond. Signed by Judge Stephen H. Locher on 12/6/2023. (mm) (Entered: 12/06/2023)

Dec. 6, 2023

Dec. 6, 2023

PACER
18

TEXT ORDER granting 9 Motion for Leave to Appear Pro Hac Vice Frederick J. Sperling. Signed by Magistrate Judge Stephen B. Jackson, Jr on 12/7/2023. (nla) (Entered: 12/07/2023)

Dec. 7, 2023

Dec. 7, 2023

PACER

Appear Pro Hac Vice

Dec. 7, 2023

Dec. 7, 2023

PACER

Order

Dec. 7, 2023

Dec. 7, 2023

PACER
19

NOTICE of Appearance by Eric H. Wessan on behalf of Chad Janzen, John Robbins, McKenzie Snow (Wessan, Eric) (Entered: 12/07/2023)

Dec. 7, 2023

Dec. 7, 2023

PACER
20

NOTICE of Appearance by Daniel Joe Johnston on behalf of Chad Janzen, John Robbins, McKenzie Snow (Johnston, Daniel) (Entered: 12/07/2023)

Dec. 7, 2023

Dec. 7, 2023

PACER
21

NOTICE of Appearance by Lindsay A. Vaught on behalf of Rosalie Daca, Shawn Holloway, Norwalk Community School District Board of Directors, Urbandale Community School District Board of Directors (Vaught, Lindsay) (Entered: 12/07/2023)

Dec. 7, 2023

Dec. 7, 2023

PACER
22

NOTICE of Appearance by Miriam D. Van Heukelem on behalf of Rosalie Daca, Shawn Holloway, Norwalk Community School District Board of Directors, Urbandale Community School District Board of Directors (Van Heukelem, Miriam) (Entered: 12/07/2023)

Dec. 7, 2023

Dec. 7, 2023

PACER
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NOTICE of Appearance by Emily A. Kolbe on behalf of Rosalie Daca, Shawn Holloway, Norwalk Community School District Board of Directors, Urbandale Community School District Board of Directors (Kolbe, Emily) (Entered: 12/07/2023)

Dec. 7, 2023

Dec. 7, 2023

PACER
24

TEXT ORDER Granting in Part and Denying in Part 27 Defendants' Motion for Extension of Time in Case No. 4:23-cv-00474. Defendants' deadline for responding to Plaintiffs' Motion for Preliminary Injunction in Case No. 4:23-cv-00474 is hereby extended to December 19, 2023. The same deadline will apply to Defendants' response to Plaintiffs' Motion for Preliminary Injunction in Case No. 4:23-cv-00478 unless Plaintiffs in that case do not file their motion until after December 8, 2023, in which case Defendants will have an additional day- until December 20, 20230-to file their response. The additional day would apply to Case No. 4:23-cv-00478 only. Plaintiffs in each case may file a reply, if any, by noon on December 21, 2023. No further extensions will be granted in either case. The hearing on Plaintiffs' Motion for Preliminary Injunction remains scheduled for December 22, 2023, at 9:00 a.m. in Courtroom 265. To the extent they have not done so already, the Parties are reminded to comply with the Text Orders entered in each case on December 6, 2023, requiring the filing of Notices indicating whether the Party intends to present testimony at the preliminary injunction hearing. The Court reserves the right to begin the hearing on the afternoon of December 21, 2023, if necessary to ensure sufficient time. Signed by Judge Stephen H. Locher on 12/7/2023. (mm) (Entered: 12/07/2023)

Dec. 7, 2023

Dec. 7, 2023

PACER
25

NOTICE by Scott Bonz, Alyson Browder, Mari Butler Abry, John Green, Daniel Gutmann, Laurie Halse Anderson, Iowa State Education Association, Malinda Lo, Penguin Random House, LLC, Jodi Picoult Regarding Preliminary Injunction Hearing. (Weinhardt, Mark) (Entered: 12/07/2023)

Dec. 7, 2023

Dec. 7, 2023

PACER
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NOTICE of Appearance by Logan Spencer Brundage on behalf of Rosalie Daca, Shawn Holloway, Norwalk Community School District Board of Directors, Urbandale Community School District Board of Directors (Brundage, Logan) (Entered: 12/08/2023)

Dec. 8, 2023

Dec. 8, 2023

PACER
27

Sealed Document: Email correspondence received by the Court from counsel. (mm) (Entered: 12/08/2023)

Dec. 8, 2023

Dec. 8, 2023

PACER
28

MOTION for Preliminary Injunction, Expedited Relief and Oral Argument Requested by Scott Bonz, Alyson Browder, Mari Butler Abry, John Green, Daniel Gutmann, Laurie Halse Anderson, Iowa State Education Association, Malinda Lo, Penguin Random House, LLC, Jodi Picoult.Motions referred to Stephen B. Jackson, Jr. Responses due by 12/22/2023. (Weinhardt, Mark) (Entered: 12/08/2023)

Dec. 8, 2023

Dec. 8, 2023

PACER
29

MOTION to file overlength brief In Support of Preliminary Injunction by Scott Bonz, Alyson Browder, Mari Butler Abry, John Green, Daniel Gutmann, Laurie Halse Anderson, Iowa State Education Association, Malinda Lo, Penguin Random House, LLC, Jodi Picoult.Motions referred to Stephen B. Jackson, Jr. Responses due by 12/22/2023. (Attachments: # 1 Brief in Support of Motion for Preliminary Injunction, # 2 Exhibit A, # 3 Exhibit A-1, # 4 Exhibit B, # 5 Exhibit C, # 6 Exhibit D, # 7 Exhibit E, # 8 Exhibit F, # 9 Exhibit G, # 10 Exhibit H, # 11 Exhibit I, # 12 Exhibit J, # 13 Exhibit K, # 14 Exhibit L, # 15 Exhibit L-1, # 16 Exhibit L-2, # 17 Exhibit L-3, # 18 Exhibit L-4, # 19 Exhibit L-5, # 20 Exhibit L-6, # 21 Exhibit L-7)(Weinhardt, Mark) (Entered: 12/08/2023)

Dec. 8, 2023

Dec. 8, 2023

PACER
30

TEXT ORDER granting 29 Plaintiffs' Motion for Leave to File Overlength Brief. Pursuant to Local Rule 7(h), the Clerk of Court is directed to detach and docket the brief and supporting exhibits attached to the motion. Signed by Magistrate Judge Stephen B. Jackson, Jr. on 12/11/2023. (jeb) (Entered: 12/11/2023)

Dec. 11, 2023

Dec. 11, 2023

PACER

File Overlength Brief

Dec. 11, 2023

Dec. 11, 2023

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31

RESPONSE to Motion re 28 MOTION for Preliminary Injunction, Expedited Relief and Oral Argument Requested Resistance to Plaintiffs Request to be Heard Separately and First filed by John Robbins. Replies due by 12/18/2023.(Johnston, Daniel) (Entered: 12/11/2023)

Dec. 11, 2023

Dec. 11, 2023

PACER
32

Unresisted MOTION to Amend/Correct Case Caption by Scott Bonz, Alyson Browder, Mari Butler Abry, John Green, Daniel Gutmann, Laurie Halse Anderson, Iowa State Education Association, Malinda Lo, Penguin Random House, LLC, Jodi Picoult.Motions referred to Stephen B. Jackson, Jr. Responses due by 12/26/2023. (Weinhardt, Mark) (Entered: 12/12/2023)

Dec. 12, 2023

Dec. 12, 2023

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Amend/Correct

Dec. 12, 2023

Dec. 12, 2023

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33

TEXT ORDER granting 32 Plaintiffs' Motion to Amend Case Caption. The Clerk of Court is directed to amend the caption on the docket to list Scott Bonz as parent and next friend of Hailie Bonz as a plaintiff. Signed by Magistrate Judge Stephen B. Jackson, Jr. on 12/12/2023. (jeb) (Entered: 12/12/2023)

Dec. 12, 2023

Dec. 12, 2023

PACER
34

BRIEF in Support by Scott Bonz, Alyson Browder, Mari Butler Abry, John Green, Daniel Gutmann, Laurie Halse Anderson, Iowa State Education Association, Malinda Lo, Penguin Random House, LLC, Jodi Picoult re 28 MOTION for Preliminary Injunction, Expedited Relief and Oral Argument Requested. (Attachments: # 1 Exhibit A, # 2 Exhibit A-1, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F, # 8 Exhibit G, # 9 Exhibit H, # 10 Exhibit I, # 11 Exhibit J, # 12 Exhibit K, # 13 Exhibit L, # 14 Exhibit L-1, # 15 Exhibit L-2, # 16 Exhibit L-3, # 17 Exhibit L-4, # 18 Exhibit L-5, # 19 Exhibit L-6, # 20 Exhibit L-7) (nla) (Entered: 12/12/2023)

1 Exhibit A

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2 Exhibit A-1

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3 Exhibit B

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4 Exhibit C

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5 Exhibit D

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6 Exhibit E

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7 Exhibit F

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8 Exhibit G

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9 Exhibit H

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10 Exhibit I

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11 Exhibit J

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12 Exhibit K

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13 Exhibit L

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14 Exhibit L-1

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15 Exhibit L-2

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16 Exhibit L-3

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17 Exhibit L-4

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18 Exhibit L-5

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19 Exhibit L-6

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20 Exhibit L-7

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Dec. 12, 2023

Dec. 12, 2023

RECAP
35

Sealed Document: Email correspondence received by the Court from counsel. (mm) (Entered: 12/12/2023)

Dec. 12, 2023

Dec. 12, 2023

PACER
36

NOTICE of Appearance by Alexa Den Herder on behalf of Chad Janzen, John Robbins, McKenzie Snow (Den Herder, Alexa) (Entered: 12/12/2023)

Dec. 12, 2023

Dec. 12, 2023

PACER
37

NOTICE by Chad Janzen, John Robbins, McKenzie Snow REGARDING PRELIMINARY INJUNCTION HEARING. (Johnston, Daniel) (Entered: 12/13/2023)

Dec. 13, 2023

Dec. 13, 2023

PACER
38

TEXT ORDER regarding hearing on motions for preliminary injunction. All parties in Case No. 4:23-cv-00474 and Case No. 4:23-cv-00478 have now responded and confirmed that they do not intend to offer live testimony at the hearing on the motions for preliminary injunction. The Court is therefore satisfied that the single consolidated hearing on December 22, 2023, at 9:00 a.m., will be sufficient to address the motions in both cases. Accordingly, the Court DENIES the Penguin House Plaintiffs' request for a separate hearing. The Court anticipates the following order of events at the December 22 hearing: (1) the GLBT Youth Plaintiffs will present argument on their motion; (2) the Penguin House Plaintiffs will present argument on their motion; (3) the State of Iowa Defendants will present argument in response to both the GLBT Youth and Penguin House motions; (4) any other Defendants wishing to be heard will present argument; (5) the GLBT Youth Plaintiffs will present rebuttal argument, if any; and (6) the Penguin House Plaintiffs will present rebuttal argument, if any. There are no other hearings scheduled before the undersigned on December 22, and thus all parties will be given as much time as they reasonably believe they need to argue their positions. The Court is likely to have substantial questions for all sides regarding, among other things, the constitutional rights at issue, the scope and governing standards for those rights, and the proper interpretation of the relevant provisions of the challenged legislation. Signed by Judge Stephen H. Locher on 12/14/2023. (mm) (Entered: 12/14/2023)

Dec. 14, 2023

Dec. 14, 2023

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Order AND ~Util - Set Hearings

Dec. 14, 2023

Dec. 14, 2023

PACER
39

NOTICE of Appearance by Katie Schoolen on behalf of Iowa State Education Association (Schoolen, Katie) (Entered: 12/15/2023)

Dec. 15, 2023

Dec. 15, 2023

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40

RESPONSE to Motion re 28 MOTION for Preliminary Injunction, Expedited Relief and Oral Argument Requested filed by Rosalie Daca, Shawn Holloway, Norwalk Community School District Board of Directors, Urbandale Community School District Board of Directors. Replies due by 12/26/2023.(Van Heukelem, Miriam) (Entered: 12/19/2023)

Dec. 19, 2023

Dec. 19, 2023

RECAP
41

Corporate Disclosure/Statement of Interest by Penguin Random House, LLC. (Weinhardt, Mark) (Entered: 12/19/2023)

Dec. 19, 2023

Dec. 19, 2023

PACER
42

*** FILED IN ERROR *** Corporate Disclosure/Statement of Interest by Iowa State Education Association. (Knutson, Becky) Modified on 12/20/2023 filer's signatures do not match and is not required (nla). (Entered: 12/19/2023)

Dec. 19, 2023

Dec. 19, 2023

PACER
43

MOTION for Leave to File TO FILE OVERLENGTH BRIEF by Chad Janzen, John Robbins, McKenzie Snow.Motions referred to Stephen B. Jackson, Jr. Responses due by 1/2/2024. (Johnston, Daniel) (Entered: 12/19/2023)

Dec. 19, 2023

Dec. 19, 2023

RECAP
44

TEXT ORDER granting 43 Defendants' unopposed Motion for Leave to File Overlength Brief. Because the brief was not electronically attached to the motion as a separate document, defendants must file the brief and supporting materials on the docket. Signed by Magistrate Judge Stephen B. Jackson, Jr. on 12/20/2023. (jeb) (Entered: 12/20/2023)

Dec. 20, 2023

Dec. 20, 2023

PACER

Leave to File

Dec. 20, 2023

Dec. 20, 2023

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45

RESPONSE to Motion re 28 MOTION for Preliminary Injunction, Expedited Relief and Oral Argument Requested filed by Chad Janzen, John Robbins, McKenzie Snow. Replies due by 12/27/2023. (Attachments: # 1 Affidavit)(Johnston, Daniel) (Entered: 12/20/2023)

Dec. 20, 2023

Dec. 20, 2023

PACER
46

MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Rosalie Daca, Shawn Holloway, Norwalk Community School District Board of Directors, Urbandale Community School District Board of Directors. Responses due by 1/3/2024. (Attachments: # 1 Brief in Support)(Van Heukelem, Miriam) (Entered: 12/20/2023)

Dec. 20, 2023

Dec. 20, 2023

PACER
47

MOTION by Penguin Random House, LLC.Motions referred to Stephen B. Jackson, Jr. Responses due by 1/3/2024. (Weinhardt, Mark) (Entered: 12/20/2023)

Dec. 20, 2023

Dec. 20, 2023

RECAP
48

Unresisted MOTION to file overlength brief in Support of Motion for Preliminary Injunction by Scott Bonz, Alyson Browder, Mari Butler Abry, John Green, Daniel Gutmann, Laurie Halse Anderson, Iowa State Education Association, Malinda Lo, Penguin Random House, LLC, Jodi Picoult.Motions referred to Stephen B. Jackson, Jr. Responses due by 1/4/2024. (Attachments: # 1 Reply Brief)(Weinhardt, Mark) (Entered: 12/21/2023)

1

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Dec. 21, 2023

Dec. 21, 2023

PACER

File Overlength Brief

Dec. 21, 2023

Dec. 21, 2023

PACER

Order AND ~Util - Terminate Motions

Dec. 21, 2023

Dec. 21, 2023

PACER
49

MOTION for Extension of Time to File Answer or File a Motion to Dismiss by Chad Janzen, John Robbins, McKenzie Snow.Motions referred to Stephen B. Jackson, Jr. (Johnston, Daniel) (Entered: 12/21/2023)

Dec. 21, 2023

Dec. 21, 2023

PACER
51

TEXT ORDER granting 48 Plaintiffs' Motion for Leave to File 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 12/21/2023. (jeb) (Entered: 12/21/2023)

Dec. 21, 2023

Dec. 21, 2023

PACER
52

TEXT ORDER granting 49 Defendants' unopposed Motion for Extension to Answer or File a Motion to Dismiss. Defendants John Robbins, McKenzie Snow and Chad Janzen have until 42 days after the Court's ruling on Plaintiffs' Motion for Preliminary Injunction 28 to file an answer or other responsive pleading to the complaint. Signed by Magistrate Judge Stephen B. Jackson, Jr. on 12/21/2023. (jeb) (Entered: 12/21/2023)

Dec. 21, 2023

Dec. 21, 2023

PACER
53

REPLY BRIEF by Scott Bonz, Alyson Browder, Mari Butler Abry, John Green, Daniel Gutmann, Laurie Halse Anderson, Iowa State Education Association, Malinda Lo, Penguin Random House, LLC, Jodi Picoult re 28 MOTION for Preliminary Injunction, Expedited Relief and Oral Argument Requested. (nla) (Entered: 12/22/2023)

Dec. 22, 2023

Dec. 22, 2023

PACER
54

Minute Entry for proceedings held before Judge Stephen H. Locher: Motion Hearing re 28 MOTION for Preliminary Injunction, Expedited Relief filed by Mari Butler Abry, Scott Bonz, Daniel Gutmann, Laurie Halse Anderson, Iowa State Education Association, Penguin Random House, LLC, Alyson Browder, Malinda Lo, Jodi Picoult, and John Green, held on 12/22/2023. (Court Reporter Tonya Gerke.) (Time in Court: 2 hrs. 45 min.) (kjs) (Entered: 12/22/2023)

Dec. 22, 2023

Dec. 22, 2023

RECAP
55

TRANSCRIPT of Proceedings re 54 Motion Hearing held on 12/22/2023 before Judge Stephen H. Locher. Court Reporter: Tonya R. Gerke, Telephone Number: (515) 284-6444. Page Nos.: 1-104. 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 1/22/2024. Redacted Transcript Deadline set for 2/1/2024. Release of Transcript Restriction set for 4/1/2024. (trg) (Entered: 12/28/2023)

Dec. 28, 2023

Dec. 28, 2023

PACER
56

ORDER granting 28 Motion for Preliminary Injunction. See Order for particulars. Signed by Judge Stephen H. Locher on 12/29/2023. (mm) (Entered: 12/29/2023)

Dec. 29, 2023

Dec. 29, 2023

Clearinghouse
57

MOTION for Extension of Time to File by Penguin Random House, LLC.Motions referred to Stephen B. Jackson, Jr. Responses due by 1/17/2024. (Weinhardt, Mark) (Entered: 01/03/2024)

Jan. 3, 2024

Jan. 3, 2024

RECAP

Extension of Time to File

Jan. 3, 2024

Jan. 3, 2024

PACER
58

TEXT ORDER granting 57 Plaintiffs' unopposed Motion for Extension of Time to Resist School District Defendants' Motion to Dismiss. Plaintiffs have until January 31, 2024 to respond to the School District Defendants' Motion to Dismiss 46 . Signed by Magistrate Judge Stephen B. Jackson, Jr. on 1/3/2024. (jeb) (Entered: 01/03/2024)

Jan. 3, 2024

Jan. 3, 2024

PACER
59

NOTICE OF APPEAL as to 56 Order on Motion for Preliminary Injunction by Chad Janzen, John Robbins, McKenzie Snow. Fee paid in the amount of $605 receipt number AIASDC-5344325. (Johnston, Daniel) (Entered: 01/12/2024)

Jan. 12, 2024

Jan. 12, 2024

RECAP
60

NOTIFICATION OF APPEAL and NOA Supplement by District Court Clerk to USCA re 59 Notice of Appeal filed on 1/12/2024. (vr) (Entered: 01/16/2024)

Jan. 16, 2024

Jan. 16, 2024

RECAP
60

NOTIFICATION OF APPEAL and NOA Supplement by District Court Clerk to USCA re 59 Notice of Appeal filed on 1/12/2024. (vr) (Entered: 01/16/2024)

Jan. 16, 2024

Jan. 16, 2024

RECAP
61

USCA Case Number 24-1082 for 59 Notice of Appeal filed by John Robbins, McKenzie Snow, Chad Janzen. (vr) (Entered: 01/17/2024)

Jan. 17, 2024

Jan. 17, 2024

PACER
61

USCA Case Number 24-1082 for 59 Notice of Appeal filed by John Robbins, McKenzie Snow, Chad Janzen. (vr) (Entered: 01/17/2024)

Jan. 17, 2024

Jan. 17, 2024

PACER
61

USCA Case Number 24-1082 for 59 Notice of Appeal filed by John Robbins, McKenzie Snow, Chad Janzen. (vr) (Entered: 01/17/2024)

Jan. 17, 2024

Jan. 17, 2024

PACER

Order on Motion to Dismiss for Failure to State a Claim AND Stay

Jan. 17, 2024

Jan. 17, 2024

PACER

Order on Motion to Dismiss for Failure to State a Claim AND Stay

Jan. 17, 2024

Jan. 17, 2024

PACER

Order on Motion to Dismiss for Failure to State a Claim AND Stay

Jan. 17, 2024

Jan. 17, 2024

PACER
62

Joint MOTION to Stay District Court Proceedings Pending Appeal by John Robbins.Motions referred to Stephen B. Jackson, Jr. Responses due by 1/31/2024. (Johnston, Daniel) (Entered: 01/17/2024)

Jan. 17, 2024

Jan. 17, 2024

RECAP
62

Joint MOTION to Stay District Court Proceedings Pending Appeal by John Robbins.Motions referred to Stephen B. Jackson, Jr. Responses due by 1/31/2024. (Johnston, Daniel) (Entered: 01/17/2024)

Jan. 17, 2024

Jan. 17, 2024

RECAP
62

Joint MOTION to Stay District Court Proceedings Pending Appeal by John Robbins.Motions referred to Stephen B. Jackson, Jr. Responses due by 1/31/2024. (Johnston, Daniel) (Entered: 01/17/2024)

Jan. 17, 2024

Jan. 17, 2024

RECAP
63

TEXT ORDER denying without prejudice 46 Motion to Dismiss for Failure to State a Claim and granting 62 Joint Motion to Stay District Court Proceedings Pending Appeal. The case is stayed pending resolution of the appeal, subject to Plaintiffs' continuing right to seek relief concerning compliance with the preliminary injunction. The School District Defendants may renew their Motion to Dismiss after the appeal is concluded, consistent with any guidance provided by the Eighth Circuit. Signed by Judge Stephen H. Locher on 1/17/2024. (mm) (Entered: 01/17/2024)

Jan. 17, 2024

Jan. 17, 2024

PACER
63

TEXT ORDER denying without prejudice 46 Motion to Dismiss for Failure to State a Claim and granting 62 Joint Motion to Stay District Court Proceedings Pending Appeal. The case is stayed pending resolution of the appeal, subject to Plaintiffs' continuing right to seek relief concerning compliance with the preliminary injunction. The School District Defendants may renew their Motion to Dismiss after the appeal is concluded, consistent with any guidance provided by the Eighth Circuit. Signed by Judge Stephen H. Locher on 1/17/2024. (mm) (Entered: 01/17/2024)

Jan. 17, 2024

Jan. 17, 2024

PACER
63

TEXT ORDER denying without prejudice 46 Motion to Dismiss for Failure to State a Claim and granting 62 Joint Motion to Stay District Court Proceedings Pending Appeal. The case is stayed pending resolution of the appeal, subject to Plaintiffs' continuing right to seek relief concerning compliance with the preliminary injunction. The School District Defendants may renew their Motion to Dismiss after the appeal is concluded, consistent with any guidance provided by the Eighth Circuit. Signed by Judge Stephen H. Locher on 1/17/2024. (mm) (Entered: 01/17/2024)

Jan. 17, 2024

Jan. 17, 2024

PACER
64

NOTICE of Appearance by Daniel Joe Johnston on behalf of Chad Janzen, John Robbins, McKenzie Snow (Johnston, Daniel) *** Notice of Appearance for the 8th Circuit. Counsel emailed regarding filing with the 8th Circuit - Modified on 1/18/2024 (nla). (Entered: 01/17/2024)

Jan. 17, 2024

Jan. 17, 2024

PACER
64

NOTICE of Appearance by Daniel Joe Johnston on behalf of Chad Janzen, John Robbins, McKenzie Snow (Johnston, Daniel) *** Notice of Appearance for the 8th Circuit. Counsel emailed regarding filing with the 8th Circuit - Modified on 1/18/2024 (nla). (Entered: 01/17/2024)

Jan. 17, 2024

Jan. 17, 2024

PACER
64

NOTICE of Appearance by Daniel Joe Johnston on behalf of Chad Janzen, John Robbins, McKenzie Snow (Johnston, Daniel) *** Notice of Appearance for the 8th Circuit. Counsel emailed regarding filing with the 8th Circuit - Modified on 1/18/2024 (nla). (Entered: 01/17/2024)

Jan. 17, 2024

Jan. 17, 2024

PACER
65

USCA Scheduling Order as to 59 Notice of Appeal filed by John Robbins, McKenzie Snow, Chad Janzen. (vr) (Entered: 01/18/2024)

Jan. 18, 2024

Jan. 18, 2024

PACER
65

USCA Scheduling Order as to 59 Notice of Appeal filed by John Robbins, McKenzie Snow, Chad Janzen. (vr) (Entered: 01/18/2024)

Jan. 18, 2024

Jan. 18, 2024

PACER
65

USCA Scheduling Order as to 59 Notice of Appeal filed by John Robbins, McKenzie Snow, Chad Janzen. (vr) (Entered: 01/18/2024)

Jan. 18, 2024

Jan. 18, 2024

PACER
66

Documents Sent re 59 Notice of Appeal : Motion Hearing 55 - 1 copy. (vr) (Entered: 02/02/2024)

Feb. 2, 2024

Feb. 2, 2024

PACER
66

Documents Sent re 59 Notice of Appeal : Motion Hearing 55 - 1 copy. (vr) (Entered: 02/02/2024)

Feb. 2, 2024

Feb. 2, 2024

PACER
66

Documents Sent re 59 Notice of Appeal : Motion Hearing 55 - 1 copy. (vr) (Entered: 02/02/2024)

Feb. 2, 2024

Feb. 2, 2024

PACER
67

ORDER PARTIALLY LIFTING STAY. See Order for particulars. The Clerk of Court is directed to re-file the School District Defendants' Motion to Dismiss as a renewed motion on the docket. In both the GLBT Youth and Penguin House cases, the non-moving parties must respond to the School District Defendants' Motion to Dismiss on or before February 27, 2024. Absent extension, the School District Defendants must file their reply on or before March 8, 2024. Signed by Judge Stephen H. Locher on 2/5/2024. (mm) (Entered: 02/05/2024)

Feb. 5, 2024

Feb. 5, 2024

PACER
67

ORDER PARTIALLY LIFTING STAY. See Order for particulars. The Clerk of Court is directed to re-file the School District Defendants' Motion to Dismiss as a renewed motion on the docket. In both the GLBT Youth and Penguin House cases, the non-moving parties must respond to the School District Defendants' Motion to Dismiss on or before February 27, 2024. Absent extension, the School District Defendants must file their reply on or before March 8, 2024. Signed by Judge Stephen H. Locher on 2/5/2024. (mm) (Entered: 02/05/2024)

Feb. 5, 2024

Feb. 5, 2024

PACER
67

ORDER PARTIALLY LIFTING STAY. See Order for particulars. The Clerk of Court is directed to re-file the School District Defendants' Motion to Dismiss as a renewed motion on the docket. In both the GLBT Youth and Penguin House cases, the non-moving parties must respond to the School District Defendants' Motion to Dismiss on or before February 27, 2024. Absent extension, the School District Defendants must file their reply on or before March 8, 2024. Signed by Judge Stephen H. Locher on 2/5/2024. (mm) (Entered: 02/05/2024)

Feb. 5, 2024

Feb. 5, 2024

PACER
68

USCA caption correction the appellant parties - Case Number 24-1082 for 59 Notice of Appeal filed by John Robbins, McKenzie Snow, Chad Janzen. (Attachments: # 1 Cover Letter) (vr) (Entered: 02/06/2024)

Feb. 6, 2024

Feb. 6, 2024

PACER
68

USCA caption correction the appellant parties - Case Number 24-1082 for 59 Notice of Appeal filed by John Robbins, McKenzie Snow, Chad Janzen. (Attachments: # 1 Cover Letter) (vr) (Entered: 02/06/2024)

Feb. 6, 2024

Feb. 6, 2024

PACER

Case Details

State / Territory: Iowa

Case Type(s):

Speech and Religious Freedom

Key Dates

Filing Date: Nov. 30, 2023

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

A publishing company, four authors whose books had been targeted for removal, a parent of on behalf of his high-school-aged child, the Iowa State Education Association, four Iowa educators, a school librarian, and two teachers

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Iowa State Board of Education, State

Iowa State Board of Educational Examiners, State

Urbandale Community School District, School District

Norwalk Community School District, School District

Defendant Type(s):

Jurisdiction-wide

Elementary/Secondary School

Facility Type(s):

Government-run

Case Details

Causes of Action:

42 U.S.C. § 1983

Ex parte Young (federal or state officials)

Constitutional Clause(s):

Due Process

Due Process: Procedural Due Process

Freedom of speech/association

Available Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Preliminary injunction / Temp. restraining order

Source of Relief:

Litigation

Content of Injunction:

Preliminary relief granted

Issues

General/Misc.:

Education

School/University policies