Case: Penguin Random House, LLC v. Robbins

GLBT Youth in Iowa Schools Task Force v. Reynolds

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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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)

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

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

Add and Terminate Judges

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

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

*** 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)

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)

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)

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)

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)

Appear Pro Hac Vice

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)

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)

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)

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)

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)

Appear Pro Hac Vice

Order

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)

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)

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)

Appear Pro Hac Vice

Order

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

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

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)

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)

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)

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)

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)

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)

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

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)

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)

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)

File Overlength Brief

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)

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)

Amend/Correct

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)

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

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

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

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)

Order AND ~Util - Set Hearings

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

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)

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

*** 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)

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)

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)

Leave to File

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)

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)

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)

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)

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Order AND ~Util - Terminate Motions

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)

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)

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)

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)

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)

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)

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)

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)

Extension of Time to File

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)

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)

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)

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

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

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)

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)

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)

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

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

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)

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)

MOTION to Dismiss by Rosalie Daca, Shawn Holloway, Norwalk Community School District Board of Directors, Urbandale Community School District Board of Directors. Responses due by 2/27/2024. (Attachments: # 1 Brief in Support) (kjw) (Entered: 02/13/2024)

MOTION to Amend/Correct 1 Complaint,, 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 3/11/2024. (Attachments: # 1 Ex. A Proposed Amended Complaint, # 2 Ex. B Amended Complaint Comparison)(Weinhardt, Mark) (Entered: 02/26/2024)

1 Ex. A Proposed Amended Complaint

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2 Ex. B Amended Complaint Comparison

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RESPONSE to Motion re 70 MOTION to Amend/Correct 1 Complaint,, filed by Rosalie Daca, Shawn Holloway, Chad Janzen, Norwalk Community School District Board of Directors, Urbandale Community School District Board of Directors. Replies due by 3/18/2024.(Kolbe, Emily) (Entered: 03/11/2024)

REPLY re 70 MOTION to Amend/Correct 1 Complaint,, filed 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: 03/13/2024)

ORDER granting 70 Plaintiffs' Motion for Leave to Amend Complaint. Plaintiffs to file proposed amended complaint by April 1, 2024. Signed by Magistrate Judge Stephen B. Jackson, Jr. on 3/28/2024. (jeb) (Entered: 03/28/2024)

AMENDED COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF against All Defendants. All Defendants., 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. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Weinhardt, Mark) (Entered: 03/29/2024)

1 Exhibit A

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2 Exhibit B

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MOTION to Dismiss by Rosalie Daca, Shawn Holloway, Norwalk Community School District Board of Directors, Urbandale Community School District Board of Directors. Responses due by 4/26/2024. (Attachments: # 1 Brief in Support)(Kolbe, Emily) (Entered: 04/12/2024)

Unresisted MOTION for Extension of Time to File to resist School District Defendants' Motion to Dismiss by Penguin Random House, LLC.Motions referred to Stephen B. Jackson, Jr. Responses due by 5/6/2024. (Weinhardt, Mark) (Entered: 04/22/2024)

Extension of Time to File

TEXT ORDER granting 76 Plaintiffs' unopposed Motion for Extension of Time to Resist School District Defendants' Motion to Dismiss. Plaintiffs have until May 10, 2024 to respond to the School District Defendants' Motion to Dismiss 75 . Signed by Magistrate Judge Stephen B. Jackson, Jr. on 4/22/2024. (jeb) (Entered: 04/22/2024)

Response/Resistance to Motion

RESPONSE to Motion re 75 MOTION to Dismiss filed 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. Replies due by 5/17/2024.(Weinhardt, Mark) (Entered: 05/10/2024)

REPLY School District Defendants' Reply Brief to Plaintiffs' Resistance re 75 MOTION to Dismiss filed by Rosalie Daca, Shawn Holloway, Norwalk Community School District Board of Directors, Urbandale Community School District Board of Directors.(Vaught, Lindsay) (Entered: 05/17/2024)

TEXT ORDER Denying Without Prejudice 69 Motion to Dismiss and 75 Motion to Dismiss. On May 28, 2024, the United States Court of Appeals for the Eighth Circuit entered an order staying further proceedings in this Court in related Case No. 4:23-cv-00474 pending appeal of the temporary injunction ruling. Strictly speaking, the Eighth Circuit's stay order does not apply to this case, nor does it appear that 69 Motion to Dismiss and 75 Motion to Dismiss were the impetus for the State Defendants seeking the stay from the Eighth Circuit in the first place. Nonetheless, because the stay in Case No. 4:23-cv-00474 prevents the Court from ruling on a motion to dismiss filed by the School District Defendants in that case that raises issues that overlap heavily with the issues raised in 69 Motion to Dismiss and 75 Motion to Dismiss, the Court feels compelled to decline to rule on the pending Motions in this case as well, lest it violate the spirit-if not the letter-of the Eighth Circuit's stay. The Court therefore DENIES WITHOUT PREJUDICE 69 Motion and 75 Motion. To the extent consistent with the mandate from the Eighth Circuit, the School District Defendants may renew their motions following remand, including making any changes they believe are appropriate to conform to the Eighth Circuit's ruling. Signed by Judge Stephen H. Locher on 5/29/2024. (mm) (Entered: 05/29/2024)

Dismiss AND Dismiss

ORDER of USCA advising appellants renewed motion to stay district court proceedings pending preliminary injunction appeal has been considered by the court and is granted as to 59 Notice of Appeal filed by John Robbins, McKenzie Snow, Chad Janzen. (vr) (Entered: 05/30/2024)

Withdrawal of Attorney by Daniel Joe Johnston. (Johnston, Daniel) (Entered: 08/02/2024)

OPINION/JUDGMENT of USCA advising the judgment of the district court is reversed and remanded to the district court for proceedings consistent with the opinion of the 8th CCAas to 59 Notice of Appeal filed by John Robbins, McKenzie Snow, Chad Janzen. Mandate to issue in 14 days. (Attachments: # 1 Opinion, # 2 Judgment) (vr) (Entered: 08/12/2024)