The Arc of Iowa, et al v. Kimberly Reynolds, et al
| Ankeny Community School District, Council Bluffs Community School District, Davenport Community School District, Decorah Community School District, Denver Community School District, Des Moines Public Schools, Iowa City Community School District, Johnston Community School District, Linn Mar Community School District and Waterloo Community School District |
| The Arc of Iowa, Charmaine Alexander, Individually and on behalf of C.B., Johnathan Craig, Individually and on behalf of E.C. on behalf of J.C., Michelle Croft, Individually and on behalf of J.J.B., Amanda Devereaux, Individually and on behalf of P.D., Carissa Froyum Roise, Individually and on behalf of H.J.F.R., Lidija Geest, Individually and on behalf of K.G., Melissa Hadden, Individually and on behalf of V.M.H., Lisa Hardisty Sithonnorath, Individually and on behalf of A.S., Heather Lynn Preston, Individually and on behalf of M.P. on behalf of S.P., Rebekah Stewart, Individually and on behalf of E.M.S. and Erin Vercande, Individually and on behalf of S.V. |
| Kimberly Reynolds, In her official capacity as Governor of Iowa and Ann Lebo, In her official capacity as Director of the Iowa Department of Education |
| American Academy of Pediatrics and American Academy of Pediatrics, Iowa Chapter |
| 21-3268 |
| October 8, 2021 |
| U.S. Court of Appeals, Eighth Circuit |
| Other |
Opinions
We have the following opinions for this case:
| Description |
|---|
 The Arc of Iowa v. Reynolds
|
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The Arc of Iowa v. Kimberly Reynolds
|
Docket Report
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This docket was last retrieved on December 2, 2021. A more recent docket listing may be available from PACER.
| Document Text |
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| 28(j) citation filed by Appellants Kimberly Reynolds and Ms. Ann Lebo w/service 12/02/2021 - FOR CAL [5104074] [21-3268] (SPL) [Entered: 12/02/2021 02:09 PM] |
| APPEARANCE filed by Crystal K. Raiber for Not Party Iowa City Community School District w/service 11/24/2021 [5101551] [21-3268]--[Edited 11/24/2021 by ALK. No action taken. Appearance entered for not-party.] (CR) [Entered: 11/24/2021 12:25 PM] |
| 28(j) citation filed by Appellees Ms. Charmaine Alexander, Mr. Johnathan Craig, Ms. Michelle Croft, Ms. Amanda Devereaux, Ms. Carissa Froyum Roise, Ms. Lidija Geest, Ms. Melissa Hadden, Ms. Lisa Hardisty Sithonnorath, Ms. Heather Lynn Preston, Ms. Rebekah Stewart, The Arc of Iowa and Ms. Erin Vercande w/service 11/24/2021 - FOR CAL [5101885] [21-3268] (JAF) [Entered: 11/24/2021 04:46 PM] |
| APPEARANCE filed by Timothy A. Clausen for Not Party Council Bluffs Community School District w/service 11/18/2021 [5099355] [21-3268] (TAC) [Entered: 11/18/2021 04:06 PM] |
| ARGUED & SUBMITTED in Omaha to Judges Duane Benton, Jane Kelly, Ralph R. Erickson on 11/18/2021. Mr. Samuel Paul Langholz for Appellants Kimberly Reynolds and Ms. Ann Lebo. Ms. Elisabeth S. Theodore for Appellees The Arc of Iowa, Ms. Charmaine Alexander, Mr. Johnathan Craig, Ms. Michelle Croft, Ms. Amanda Devereaux, Ms. Carissa Froyum Roise, Ms. Lidija Geest, Ms. Melissa Hadden, Ms. Heather Lynn Preston, Ms. Lisa Hardisty Sithonnorath, Ms. Rebekah Stewart and Ms. Erin Vercande. Rebuttal by Mr. Samuel Paul Langholz for Kimberly Reynolds and Ms. Ann Lebo. RECORDED. # Click Here To Listen to Oral Argument [5099122] [21-3268] (JMM) [Entered: 11/18/2021 11:37 AM] |
| COVID-19 CERTIFICATION FOR ORAL ARGUMENT filed by Mr. John Arak Freedman for Ms. Charmaine Alexander, Mr. Johnathan Craig, Ms. Michelle Croft, Ms. Amanda Devereaux, Ms. Carissa Froyum Roise, Ms. Lidija Geest, Ms. Melissa Hadden, Ms. Lisa Hardisty Sithonnorath, Ms. Heather Lynn Preston, Ms. Rebekah Stewart, The Arc of Iowa and Ms. Erin Vercande. [5098528] [21-3268] (JAF) [Entered: 11/17/2021 10:52 AM] |
| Paper copies Reply brief, [ # 5096925-2 ] filed by Ms. Ann Lebo and Kimberly Reynolds 10 paper copies received. [5098168] [21-3268] (MVP) [Entered: 11/16/2021 02:43 PM] |
| 28(j) citation filed by Appellees Ms. Charmaine Alexander, Mr. Johnathan Craig, Ms. Michelle Croft, Ms. Amanda Devereaux, Ms. Carissa Froyum Roise, Ms. Lidija Geest, Ms. Melissa Hadden, Ms. Lisa Hardisty Sithonnorath, Ms. Heather Lynn Preston, Ms. Rebekah Stewart, The Arc of Iowa and Ms. Erin Vercande w/service 11/16/2021 - FOR CAL [5098174] [21-3268] (JAF) [Entered: 11/16/2021 02:48 PM] |
| Paper copies Appellee/Respondent brief, [ # 5095727-2 ] filed by Ms. Charmaine Alexander, Mr. Johnathan Craig, Ms. Michelle Croft, Ms. Amanda Devereaux, Ms. Carissa Froyum Roise, Ms. Lidija Geest, Ms. Melissa Hadden, Ms. Lisa Hardisty Sithonnorath, Ms. Heather Lynn Preston, Ms. Rebekah Stewart, The Arc of Iowa and Ms. Erin Vercande. 10 paper copies received. Paper brief deficiency due 11/22/2021. [5097427] [21-3268] (ALK) [Entered: 11/15/2021 10:40 AM] |
| CORRECTED/INITIAL certificate of service for brief, Doc No. [ # 5095727-2 ], Paper Brief, Doc No. [ # 5097427-2 ], filed by Appellees Ms. Charmaine Alexander, Mr. Johnathan Craig, Ms. Michelle Croft, Ms. Amanda Devereaux, Ms. Carissa Froyum Roise, Ms. Lidija Geest, Ms. Melissa Hadden, Ms. Lisa Hardisty Sithonnorath, Ms. Heather Lynn Preston, Ms. Rebekah Stewart, The Arc of Iowa and Ms. Erin Vercande [5097785] [21-3268] (JAF) [Entered: 11/15/2021 07:26 PM] |
| BRIEF FILED - APPELLANT REPLY BRIEF filed by Ms. Ann Lebo and Kimberly Reynolds w/service 11/12/2021. Length: 4,269 words 10 COPIES OF PAPER BRIEFS (WITHOUT THE APPELLATE PDF FOOTER) FROM Ann Lebo and Kimberly Reynolds due 11/17/2021 WITH certificate of service for paper briefs. [5096925] [21-3268] (ALK) [Entered: 11/12/2021 10:33 AM] |
| Paper copies Amicus Brief, [ # 5095913-2 ] filed by Iowa Chaper of American Academy of Pediatrics and American Academy of Pediatrics. 10 paper copies received. [5097173] [21-3268] (ALK) [Entered: 11/12/2021 03:24 PM] |
| REPLY brief of Ms. Ann Lebo and Kimberly Reynolds submitted for review. The time for filing the subsequent brief (if any) does not begin to run until the brief has been approved and filed. To open/view this brief, you must first login to CM/ECF and then open the document link in your Notice of Docket Activity. Only direct recipients on accounts can open this document. [5096764] [21-3268] (SPL) [Entered: 11/10/2021 11:54 PM] |
| REPLY brief of Ms. Ann Lebo and Kimberly Reynolds submitted for review. The time for filing the subsequent brief (if any) does not begin to run until the brief has been approved and filed. To open/view this brief, you must first login to CM/ECF and then open the document link in your Notice of Docket Activity. Only direct recipients on accounts can open this document. [5096763] [21-3268]--[Edited 11/12/2021 by ALK. Document locked. Incorrect file attached.] (SPL) [Entered: 11/10/2021 11:50 PM] |
| BRIEF FILED - AMICUS BRIEF filed by Iowa Chapter of American Academy of Pediatrics and American Academy of Pediatrics w/service 11/09/2021. Length: 5,611 words 10 COPIES OF PAPER BRIEFS (WITHOUT THE APPELLATE PDF FOOTER) FROM Iowa Chapter of American Academy of Pediatrics and American Academy of Pediatrics due 11/15/2021 WITH certificate of service for paper briefs. [5095913] [21-3268] (ALK) [Entered: 11/09/2021 09:45 AM] |
| BRIEF FILED - APPELLEE BRIEF filed by Ms. Charmaine Alexander, Mr. Johnathan Craig, Ms. Michelle Croft, Ms. Amanda Devereaux, Ms. Carissa Froyum Roise, Ms. Lidija Geest, Ms. Melissa Hadden, Ms. Lisa Hardisty Sithonnorath, Ms. Heather Lynn Preston, Ms. Rebekah Stewart, The Arc of Iowa and Ms. Erin Vercande w/service 11/08/2021. Length: 12,991 words 10 COPIES OF PAPER BRIEFS (WITHOUT THE APPELLATE PDF FOOTER) FROM Charmaine Alexander, Johnathan Craig, Michelle Croft, Amanda Devereaux, Carissa Froyum Roise, Lidija Geest, Melissa Hadden, Lisa Hardisty Sithonnorath, Heather Lynn Preston, Rebekah Stewart, The Arc of Iowa and Erin Vercande due 11/15/2021 WITH certificate of service for paper briefs. Reply brief of Ann Lebo and Kimberly Reynolds due on 11/10/2021. [5095727] [21-3268] (ALK) [Entered: 11/08/2021 04:09 PM] |
| APPELLEE brief of Ms. Charmaine Alexander, Mr. Johnathan Craig, Ms. Michelle Croft, Ms. Amanda Devereaux, Ms. Carissa Froyum Roise, Ms. Lidija Geest, Ms. Melissa Hadden, Ms. Lisa Hardisty Sithonnorath, Ms. Heather Lynn Preston, Ms. Rebekah Stewart, The Arc of Iowa and Ms. Erin Vercande submitted for review. The time for filing the subsequent brief (if any) does not begin to run until the brief has been approved and filed. To open/view this brief, you must first login to CM/ECF and then open the document link in your Notice of Docket Activity. Only direct recipients on accounts can open this document. [5095064] [21-3268] DOCUMENT REPLACED TO UPDATE TABLE OF AUTHORITIES AND CORRECT BRIEF REFERENCE(S)--NDA RESENT--[Edited 11/08/2021 by AMT] (JAF) [Entered: 11/05/2021 06:38 PM] |
| AMICUS/INTERVENOR brief of Iowa Chapter of American Academy of Pediatrics and American Academy of Pediatrics submitted for review. The time for filing the subsequent brief (if any) does not begin to run until the brief has been approved and filed. [5095067] [21-3268] (LBG) [Entered: 11/05/2021 09:42 PM] |
| COVID-19 CERTIFICATION FOR ORAL ARGUMENT filed by Ms. Elisabeth S. Theodore for Ms. Charmaine Alexander, Mr. Johnathan Craig, Ms. Michelle Croft, Ms. Amanda Devereaux, Ms. Carissa Froyum Roise, Ms. Lidija Geest, Ms. Melissa Hadden, Ms. Lisa Hardisty Sithonnorath, Ms. Heather Lynn Preston, Ms. Rebekah Stewart, The Arc of Iowa and Ms. Erin Vercande. [5093807] [21-3268] (EST) [Entered: 11/03/2021 12:55 PM] |
| ARGUMENT RESPONSE/APPEARANCE FORM filed by Ms. Elisabeth S. Theodore for Ms. Charmaine Alexander, Mr. Johnathan Craig, Ms. Michelle Croft, Ms. Amanda Devereaux, Ms. Carissa Froyum Roise, Ms. Lidija Geest, Ms. Melissa Hadden, Ms. Lisa Hardisty Sithonnorath, Ms. Heather Lynn Preston, Ms. Rebekah Stewart, The Arc of Iowa and Ms. Erin Vercande for argument in November, at the U.S. Courthouse in Omaha, Nebraska. [5093805] [21-3268] (EST) [Entered: 11/03/2021 12:53 PM] |
| APPEARANCE filed by Kristy M. Latta for Not Party Ankeny Community School District, Davenport Community School District, Decorah Community School District, Denver Community School District, Des Moines Public Schools, Johnston Community School District, Linn Mar Community School District and Waterloo Community School District w/service 10/28/2021 [5091854] [21-3268]--[Edited 10/28/2021 by ALK. No action taken. Appearance entered for not-party.] (KML) [Entered: 10/28/2021 11:59 AM] |
| CLERK ORDER:Granting [ # 5090254-2 ] motion to seal filed by Mr. Samuel Paul Langholz. The Court is hereby sealing the following: Joint Appendix - Volume IV. [5090257] [21-3268] (ALK) [Entered: 10/22/2021 02:54 PM] |
| RECORD FILED - JOINT APPENDIX: 4 volumes. Comments: 3 copies. Volume IV is SEALED. [5090264] [21-3268] (ALK) [Entered: 10/22/2021 03:02 PM] |
| MOTION to seal portion of appendix, filed by Attorney Mr. Samuel Paul Langholz for Appellants Kimberly Reynolds and Ms. Ann Lebo w/service 10/22/2021. [5090254] [21-3268] (ALK) [Entered: 10/22/2021 02:52 PM] |
| Paper copies Appellant/Petitioner Brief, [ # 5088857-2 ] filed by Ms. Ann Lebo and Kimberly Reynolds. 10 paper copies received w/Addendum attached. [5090252] [21-3268] (ALK) [Entered: 10/22/2021 02:45 PM] |
| RECORD FILED - HEARING TRANSCRIPT, 1 volumes, Comments: District Court document #70 [Copy do not return to the District Court at end of case], Source Location: USDC / SI, Dt. of Proceeding/Hearing: 09/22/2021, Court Reporter: Johnson, Delayne [5089987] [21-3268] (STL) [Entered: 10/22/2021 09:41 AM] |
| BRIEF FILED - APPELLANT BRIEF filed by Ms. Ann Lebo and Kimberly Reynolds w/service 10/19/2021. Length: 10,390 words 10 COPIES OF PAPER BRIEFS (WITHOUT THE APPELLATE PDF FOOTER) FROM Ann Lebo and Kimberly Reynolds due 10/25/2021 WITH certificate of service for paper briefs. Appellee/Responsive brief due on 11/05/2021. [5088857] [21-3268] (ALK) [Entered: 10/19/2021 12:32 PM] |
| ADDENDUM of APPELLANT FILED by Appellants Ms. Ann Lebo and Kimberly Reynolds w/service 10/19/2021. [5088858] [21-3268] (ALK) [Entered: 10/19/2021 12:34 PM] |
| APPEARANCE filed by Miriam D. Van Heukelem for Not Party Ankeny Community School District, Davenport Community School District, Decorah Community School District, Denver Community School District, Des Moines Public Schools, Johnston Community School District, Linn Mar Community School District and Waterloo Community School District w/service 10/18/2021 [5088168] [21-3268] (MDV) [Entered: 10/18/2021 10:55 AM] |
| APPELLANT brief of Ms. Ann Lebo and Kimberly Reynolds submitted for review. The time for filing the subsequent brief (if any) does not begin to run until the brief has been approved and filed. To open/view this brief, you must first login to CM/ECF and then open the document link in your Notice of Docket Activity. Only direct recipients on accounts can open this document. [5088610] [21-3268] (SPL) [Entered: 10/18/2021 11:54 PM] |
| Addendum of APPELLANT submitted for review by Ms. Ann Lebo and Kimberly Reynolds. To open/view this addendum, you must first login to CM/ECF and then open the document link in your Notice of Docket Activity. [5088611] [21-3268] (SPL) [Entered: 10/18/2021 11:56 PM] |
| CORPORATE disclosure statement filed by Appellees Ms. Charmaine Alexander, Mr. Johnathan Craig, Ms. Michelle Croft, Ms. Amanda Devereaux, Ms. Carissa Froyum Roise, Ms. Lidija Geest, Ms. Melissa Hadden, Ms. Lisa Hardisty Sithonnorath, Ms. Heather Lynn Preston, Ms. Rebekah Stewart, The Arc of Iowa and Ms. Erin Vercande. - FOR CAL [5087534] [21-3268] (LDP) [Entered: 10/15/2021 10:21 AM] |
| JUDGE ORDER:Appellants motion to expedite the briefing and oral argument in this appeal has been considered by the court, and the motion is granted. Appellants brief, addendum and appendix are due October 18, 2021, and Appellees brief is due November 5, 2021. Appellants reply brief is due November 10, 2021. The matter will be set for oral argument during the week of November 15-19, 2021, in Omaha, Nebraska. The parties will be notified of the date and time of argument. [ # 5085654-2 ] [ # 5085654-3 ] Special Oct 2021 [5087484] [21-3268] (ALK) [Entered: 10/15/2021 09:22 AM] |
| SET FOR ARGUMENT - CASE PLACED ON CALENDAR - for Argument in Omaha on Thursday, November 18, 2021. To be heard before Judges Duane Benton, Jane Kelly and Ralph R. Erickson in Division I. The courtroom deputy will be Jeanette McKee. All attorneys presenting oral argument must complete a Response Form. # Click Here to Complete the Oral Argument Response Form . # Click Here for the Complete Calendar PLEASE REVIEW THE ENTIRE CALENDAR CAREFULLY, PARTICULARLY THE COUNSEL NOTICE PAGE. If you are appointed counsel under the Criminal Justice Act and require airline transportation to oral argument, the court will issue a travel authorization the next business day. ACTION REQUIRED All attorneys presenting in-person oral argument must submit either a PDF of their vaccination card or proof of a recent negative COVID-19 test result. To submit your document, please file the document in CM/ECF using the "COVID-19 Certification for Oral Argument" event. This does not replace the need to file the Oral Argument Response Form. # Click Here to View Courthouse Specific COVID-19 Requirements [5087861] [21-3268] (MR) [Entered: 10/15/2021 04:04 PM] |
| APPEARANCE filed by Leah Patton, Rita Bettis Austen, and Shefali Aurora for Appellees Ms. Charmaine Alexander, Mr. Johnathan Craig, Ms. Michelle Croft, Ms. Amanda Devereaux, Ms. Carissa Froyum Roise, Ms. Lidija Geest, Ms. Melissa Hadden, Ms. Lisa Hardisty Sithonnorath, Ms. Heather Lynn Preston, Ms. Rebekah Stewart, The Arc of Iowa and Ms. Erin Vercande w/service 10/15/2021 [5087530] [21-3268]--[Edited 10/15/2021 by ALK to add attorney names to docket text.] (LDP) [Entered: 10/15/2021 10:16 AM] |
| COVID-19 CERTIFICATION FOR ORAL ARGUMENT filed by Mr. Samuel Paul Langholz for Ms. Ann Lebo and Kimberly Reynolds. [5087939] [21-3268] (SPL) [Entered: 10/15/2021 05:11 PM] |
| ARGUMENT RESPONSE/APPEARANCE FORM filed by Mr. Samuel Paul Langholz for Ms. Ann Lebo and Kimberly Reynolds for argument in November, at the U.S. Courthouse in Omaha, Nebraska. [5087935] [21-3268] (SPL) [Entered: 10/15/2021 05:02 PM] |
| APPEARANCE filed by John A. Freedman for Appellees Ms. Charmaine Alexander, Mr. Johnathan Craig, Ms. Michelle Croft, Ms. Amanda Devereaux, Ms. Carissa Froyum Roise, Ms. Lidija Geest, Ms. Melissa Hadden, Ms. Lisa Hardisty Sithonnorath, Ms. Heather Lynn Preston, Ms. Rebekah Stewart, The Arc of Iowa and Ms. Erin Vercande w/service 10/14/2021 [5087288] [21-3268] (JAF) [Entered: 10/14/2021 02:45 PM] |
| APPEARANCE filed by Elisabeth S. Theodore for Appellees Ms. Charmaine Alexander, Mr. Johnathan Craig, Ms. Michelle Croft, Ms. Amanda Devereaux, Ms. Carissa Froyum Roise, Ms. Lidija Geest, Ms. Melissa Hadden, Ms. Lisa Hardisty Sithonnorath, Ms. Heather Lynn Preston, Ms. Rebekah Stewart, The Arc of Iowa and Ms. Erin Vercande w/service 10/14/2021 [5087294] [21-3268] (EST) [Entered: 10/14/2021 02:51 PM] |
| APPEARANCE filed by Cynthia A. Miller and Catherine E. Johnson for Appellees Ms. Charmaine Alexander, Mr. Johnathan Craig, Ms. Michelle Croft, Ms. Amanda Devereaux, Ms. Carissa Froyum Roise, Ms. Lidija Geest, Ms. Melissa Hadden, Ms. Lisa Hardisty Sithonnorath, Ms. Heather Lynn Preston, Ms. Rebekah Stewart, The Arc of Iowa and Ms. Erin Vercande w/service 10/14/2021 [5087251] [21-3268] (CAM) [Entered: 10/14/2021 02:09 PM] |
| APPEARANCE filed by Anthony Franze for Appellees Ms. Charmaine Alexander, Mr. Johnathan Craig, Ms. Michelle Croft, Ms. Amanda Devereaux, Ms. Carissa Froyum Roise, Ms. Lidija Geest, Ms. Melissa Hadden, Ms. Lisa Hardisty Sithonnorath, Ms. Heather Lynn Preston, Ms. Rebekah Stewart, The Arc of Iowa and Ms. Erin Vercande w/service 10/14/2021 [5087299] [21-3268] (AJF) [Entered: 10/14/2021 02:57 PM] |
| APPEARANCE filed by Shira Wakschlag for Appellees Ms. Charmaine Alexander, Mr. Johnathan Craig, Ms. Michelle Croft, Ms. Amanda Devereaux, Ms. Carissa Froyum Roise, Ms. Lidija Geest, Ms. Melissa Hadden, Ms. Lisa Hardisty Sithonnorath, Ms. Heather Lynn Preston, Ms. Rebekah Stewart, The Arc of Iowa and Ms. Erin Vercande w/service 10/13/2021 [5086768] [21-3268] (SW) [Entered: 10/13/2021 02:33 PM] |
| APPEARANCE filed by Jeffrey S. Thompson for Appellants Kimberly Reynolds and Ms. Ann Lebo w/service 10/11/2021 [5085670] [21-3268] (JST) [Entered: 10/11/2021 09:28 AM] |
| Originating court document filed consisting of notice of appeal, docket entries, order 10/8/21. [5085587] [21-3268] (CAH) [Entered: 10/08/2021 03:51 PM] |
| BRIEFING SCHEDULE SET AS FOLLOWS: Transcript due on or before 11/17/2021. Appendix due 11/29/2021. BRIEF APPELLANT, Ann Lebo and Kimberly Reynolds due 11/29/2021 Appellee brief is due 30 days from the date the court issues the Notice of Docket Activity filing the brief of appellant. [5085589] [21-3268] (CAH) [Entered: 10/08/2021 03:54 PM] |
| APPEARANCE filed by Samuel P. Langholz for Appellants Ms. Ann Lebo and Kimberly Reynolds w/service 10/08/2021 [5085605] [21-3268] (SPL) [Entered: 10/08/2021 04:06 PM] |
| MOTION for an expedited appeal AND for expedited hearing, filed by Attorney Mr. Samuel Paul Langholz for Appellants Ms. Ann Lebo and Kimberly Reynolds w/service 10/08/2021. [5085654] [21-3268]--[Edited 10/13/2021, to add additional relief sought, by DMW] (SPL) [Entered: 10/08/2021 05:22 PM] |
| Civil case docketed. [5085575] [21-3268] (CAH) [Entered: 10/08/2021 03:39 PM] |
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