Case: Bill M. v. Nebraska Department of Health and Human Services

Bill M. v. Nebraska Department of Health and Human Services Finance and Support

U.S. Court of Appeals for the Eighth Circuit

U.S. Court of Appeals for the Eighth Circuit

COMPLAINT filed by Attorneys Dianne D. DeLair Canto, Bradford E. Kistler, Bruce G. Mason, Shirley A. Mora James and David W. Rowe on behalf of John Doe, Bill M., Jane S., Jennifer T., Heather V. and Kevin V. against Stephen B. Curtiss, Nebraska Department of Health &Human Services, Nebraska Department of Health and Human Services Finance and Support and Ron Ross. No Summons issued, with receipt number 404609, in the amount of $150. (Attachments: # 1 E−mail to Clerk)(JAR, ) (Entered: 05/20/2003)

CIVIL COVER SHEET (JAR, ) (Entered: 05/20/2003)

SUMMONS (Never actually issued) Returned Unexecuted upon defendant Ron Ross on 5/21/2003. (JAR) Modified on 5/30/2003 per JLS to reflect that summons was unexecuted. (RDB) (Entered: 05/28/2003)

SUMMONS (Never actually issued) Returned Unexecuted upon defendant Stephen B. Curtiss on 5/21/2003. (JAR) Modified on 5/30/2003 per JLS to reflect that summons was unexecuted. (RDB) (Entered: 05/28/2003)

SUMMONS (Never actually issued) Returned Unexecuted upon defendant Nebraska Department of Health &Human Services on 5/21/2003; Nebraska Department of Health and Human Services Finance and Support on 5/21/2003. Jon Bruning served. (JAR) Modified on 5/30/2003 per JLS to reflect that summons was unexecuted. (RDB) (Entered: 05/28/2003)

Summonses Issued (COPY) as to defendant Stephen B. Curtiss; defendant Ron Ross; and Jon Bruning, Nebraska Attorney General. (RDB) (Entered: 05/30/2003)

MOTION for Extension of Time to File Answer by Attorney Douglas D. Dexter on behalf of Defendants Stephen B. Curtiss, Nebraska Department of Health &Human Services, Nebraska Department of Health and Human Services Finance and Support, Ron Ross (Dexter, Douglas) (Entered: 06/06/2003)

ORDER granting Defendants' Motion for Extension of Time to Answer 7 . Answer Deadline set for 07/09/2003, as to Defendants Nebraska Department of Health and Human Services Finance and Support, Nebraska Department of Health and Human Services, Stephen B. Curtiss, and Ron Ross. Signed by Deputy Clerk on 06/06/2003. (RDB) (Entered: 06/06/2003)

SCHEDULING PACKET Rule 26 Meeting Report Deadline set signed by Magistrate Judge David L. Piester on 6/9/2003. (CCB, ) (Entered: 06/09/2003)

SUMMONS Returned Executed upon Defendant Ron Ross on 06/02/2003. (RDB) (Entered: 06/12/2003)

SUMMONS Returned Executed upon Defendant Stephen B. Curtiss on 06/02/2003. (RDB) (Entered: 06/12/2003)

SUMMONS Returned Executed upon Attorney General Jon Bruning on 06/02/2003, regarding Defendant Nebraska Department of Health &Human Services and Nebraska Department of Health and Human Services Finance and Support. (RDB) (Entered: 06/12/2003)

JOINT MOTION AND STIPULATION for Extension of Time regarding Rule 26 Report Deadline, filed by Attorney Shirley A. Mora James and Attorney David W. Rowe on behalf of the Plaintiffs, and by Attorney Douglas D. Dexter on behalf of the Defendants. (RDB) (Entered: 06/20/2003)

ORDER that the parties' Joint Motion for an Extension of Time 13 is hereby granted in part. The parties' Rule 26 report shall be due 30 days after defendants file an Answer or September 8, 2003, whichever FIRST occurs. Signed by Magistrate Judge David L. Piester on 06/23/2003. (RDB) (Entered: 06/23/2003)

MOTION for Extension of Time to File Answer by Attorney Douglas D. Dexter on behalf of Defendants Stephen B. Curtiss, Nebraska Department of Health &Human Services, Nebraska Department of Health and Human Services Finance and

MOTION to Dismiss by Attorney Douglas D. Dexter on behalf of Defendants Stephen B. Curtiss, Nebraska Department of Health &Human Services, Nebraska Department of Health and Human Services Finance and Support, Ron Ross (Dexter, Douglas) (Entered: 07/18/2003)

BRIEF In Support of Motion to Dismiss 17 by Attorney Douglas D. Dexter on behalf of Defendants Stephen B. Curtiss, Nebraska Department of Health &Human Services, Nebraska Department of Health and Human Services Finance and Support, Ron Ross (Dexter, Douglas) (Entered: 07/18/2003)

REPLY BRIEF In Opposition to Motion to Dismiss 17 by Attorney Shirley A. Mora James on behalf of Plaintiff Bill M. (Mora James, Shirley) (Entered: 08/07/2003)

Unopposed MOTION to Amend Complaint by Attorney Shirley A. Mora James on behalf of Plaintiff Bill M. (Mora James, Shirley) (Entered: 08/19/2003)

BRIEF In Support Motion to Amend 20 Plaintiffs' Complaint by Attorney Shirley A. Mora James on behalf of Plaintiff Bill M. (Mora James, Shirley) (Entered: 08/19/2003)

ORDER granting 20 Plaintiffs' Motion to Amend Complaint. Amended Complaint due by 9/1/2003. Signed by Magistrate Judge David L. Piester on 8/20/2003. (GJG, ) (Entered: 08/20/2003)

AMENDED COMPLAINT against Defendant all defendants, by Attorney Shirley A. Mora James on behalf of Bill M. (Mora James, Shirley) (Entered: 08/28/2003)

MOTION for Extension of Time to File Answer by Attorney Douglas D. Dexter on behalf of Defendants Stephen B. Curtiss, Nebraska Department of Health &Human Services, Nebraska Department of Health and Human Services Finance and Support, Ron Ross (Dexter, Douglas) (Entered: 08/29/2003)

ORDER granting 24 Motion for Extension of Time to Answer. Answer Deadline set for 10/17/2003, as to Defendant State of Nebraska Department of Health and Human Services. Signed by Magistrate Judge David L. Piester on 9/2/2003. (GJG, ) (Entered: 09/02/2003)

ORDER NUNC PRO TUNC − regarding Defendant's Motion for Enlargment of Time 24 is granted as to ALL Defendants. Signed by Magistrate Judge David L. Piester on 9/3/2003. (GJG, ) (Entered: 09/03/2003)

Joint MOTION to Extend Time for Fed. R. Civ. P. 26 Report of Parties by Attorney Shirley A. Mora James on behalf of Plaintiff Bill M. (Mora James, Shirley) (Entered: 09/08/2003)

ORDER granting 27 Joint Motion to Extend time to file their Rule 26 Report. The parties have until November 16, 2003. Signed by Magistrate Judge David L. Piester on 9/8/2003. (GJG, ) (Entered: 09/09/2003)

MOTION AND ORDER FOR PROTECTIVE ORDER. Signed by Magistrate Judge David L. Piester on 9/8/2003. (GJG, ) (Entered: 09/09/2003)

MOTION to Dismiss Amended Complaint by Attorney Douglas D. Dexter on behalf of Defendants Stephen B. Curtiss, Nebraska Department of Health &Human Services, Nebraska Department of Health and Human Services Finance and Support, Ron Ross (Dexter, Douglas) (Entered: 10/17/2003)

BRIEF In Support of Motion to Dismiss, 30 Amended Complaint by Attorney Douglas D. Dexter on behalf of Defendants Stephen B. Curtiss, Nebraska Department of Health &Human Services, Nebraska Department of Health and Human Services Finance and Support, Ron Ross (Dexter, Douglas) (Entered: 10/17/2003)

Mail Returned as Undeliverable addressed to Dianne D. DeLair Canto regarding Order on Motion to Dismiss 32 . Mail resent to Dianne D. DeLair Canto, Nebraska Advocacy Services, 134 South 13th Street, Suite 600, Lincoln, Nebraska 68508. (GJG, ) (Entered: 10/27/2003)

REPLY BRIEF In Opposition to Defendants' Motion to Dismiss by Attorney Shirley A. Mora James on behalf of Plaintiff Bill M. (Mora James, Shirley) (Entered: 11/10/2003)

REPLY BRIEF In Opposition to Defendants' Motion to Dismiss by Attorney Shirley A. Mora James on behalf of Plaintiff Bill M. (Mora James, Shirley) (Entered: 11/10/2003)

REPLY BRIEF In Opposition to Defendants' Motion to Dismiss by Attorney Shirley A. Mora James on behalf of Plaintiff Bill M. (Mora James, Shirley) (Entered: 11/10/2003)

MOTION to File Reply Brief in Support of Motion to Dismiss Amended Complaint by Attorney Douglas D. Dexter on behalf of Defendants Stephen B. Curtiss, Nebraska Department of Health &Human Services, Nebraska Department of Health and Human Services Finance and Support, Ron Ross (Dexter, Douglas) (Entered: 11/17/2003)

REPORT of Rule 26(f) Planning Meeting by Attorney David W. Rowe on behalf of Plaintiff Bill M. (Rowe, David) (Entered: 11/17/2003)

MEMORANDUM AND ORDER granting 37 Motion to submit reply brief. Defendants are granted leave to submit a reply brief on or before 12/01/03. Defendant's 30 Motion to Dismiss the amended complaint shall be ripe for decision on 12/02/03. Signed by Judge Richard G. Kopf on 11/18/2003. (CS, ) (Entered: 11/18/2003)

BRIEF In Support of Motion to Dismiss, 30 Amended Complaint by Attorney Douglas D. Dexter on behalf of Defendants Stephen B. Curtiss, Nebraska Department of Health &Human Services, Nebraska Department of Health and Human Services Finance and Support, Ron Ross (Dexter, Douglas) (Entered: 11/24/2003)

ORDER A Rule 26 Planning Conference set for 12/12/2003 10:30 AM before Magistrate Judge David L. Piester. Signed by Magistrate Judge David L. Piester on 12/4/2003. (GJG, ) (Entered: 12/04/2003)

Certificate of Service−Plaintiff's Rule 26(a)(1) Initial Disclosures by Attorney Shirley A. Mora James on behalf of Plaintiff Bill M. (Mora James, Shirley) (Entered: 12/05/2003)

MEMORANDUM AND ORDER regarding Report of Rule 26(f) Planning Meeting 38 filed by Bill M. Planning Conference set for 8/10/2004 09:00 AM before Magistrate Judge David L. Piester. Signed by Magistrate Judge David L. Piester on 12/15/2003. (GJG, ) (Entered: 12/15/2003)

Certificate of Service by Attorney Douglas D. Dexter on behalf of Defendants Stephen B. Curtiss, Nebraska Department of Health &Human Services, Nebraska Department of Health and Human Services Finance and Support, Ron Ross (Dexter, Douglas) (Entered: 12/30/2003)

Certificate of Service by Attorney Douglas D. Dexter on behalf of Defendants Nebraska Department of Health &Human Services, Nebraska Department of Health and Human Services Finance and Support, Ron Ross (Dexter, Douglas) (Entered: 01/26/2004)

NOTICE to Take Deposition of Records by Attorney Shirley A. Mora James on behalf of Plaintiff Bill M. (Mora James, Shirley) (Entered: 02/12/2004)

NOTICE to Take Deposition of Ron Ross by Attorney Shirley A. Mora James on behalf of Plaintiff Bill M. (Mora James, Shirley) (Entered: 02/24/2004)

Certificate of Service of Notice to Take Deposition of Roger Stortenbecker by Attorney David W. Rowe on behalf of Plaintiff Bill M. (Rowe, David) (Entered: 02/26/2004)

NOTICE to Take Deposition of Carla Sorensen and inspection of documents by Attorney Shirley A. Mora James on behalf of Plaintiff Bill M. (Mora James, Shirley) (Entered: 02/27/2004)

Certificate of Service by Attorney Shirley A. Mora James on behalf of Plaintiff Bill M. (Mora James, Shirley) (Entered: 03/04/2004)

Certificate of Service of Amended Notice to Take Deposition Duces Tecum of Roger Stortenbecker by Attorney David W. Rowe on behalf of Plaintiff Bill M. (Rowe, David) (Entered: 03/04/2004)

RETURN of service of Subpoena on 3/8/2004 upon Roger Stortenbecker, Developmental Services of NE, Inc.,by Attorney David W. Rowe (GJG, ) (Entered: 03/15/2004)

RETURN of service of Subpoena on 3/8/2004 upon Roger Stortenbeckerby Attorney David W. Rowe (GJG, ) (Entered: 03/31/2004)

MOTION to Continue Progression Order Deadlines by Attorney Douglas D. Dexter on behalf of Defendants Stephen B. Curtiss, Nebraska Department of Health &Human Services, Nebraska Department of Health and Human Services Finance and Support, Ron Ross (Attachments: # 1 # 2 # 3)(Dexter, Douglas) (Entered: 04/29/2004)

ORDER granting 55 Motion to Continue. This case is stayed in all respects for a period of sixty days from this date. All deadlines, dates for disclosures, all discovery, conferences and the like are continued for sixty days from their original date. The planning conference with counsel is continued to October 4, 2004 at 10:00 a.m. in the chambers of the undersigned. In the event that counsel agree to re−activate this case prior to the expiration of the sixty days, they may jointly so inform the office of the undersigned of that agreement and request a conference with the court for the purpose of considering matters of progression. Signed by Magistrate Judge David L. Piester on 5/3/2004. (GJG, ) (Entered: 05/03/2004)

CERTIFICATE of Court Reporter regarding: Deposition of Roger Stortenbecker of April 13, 2004 (BMH) (Entered: 05/05/2004)

MOTION to Certify Class by Attorney Shirley A. Mora James on behalf of Plaintiff Bill M. (Mora James, Shirley) (Entered: 07/01/2004)

BRIEF In Support of Motion to Certify Class by Attorney Shirley A. Mora James on behalf of Plaintiff Bill M. (Mora James, Shirley) (Entered: 07/01/2004)

MOTION Enlargement of Time to Respond to Motion for Certification of Class regarding MOTION to Certify Class 58 by Attorney Douglas D. Dexter on behalf of Defendants Stephen B. Curtiss, Nebraska Department of Health &Human Services, Nebraska Department of Health and Human Services Finance and Support, Ron Ross (Attachments: # 1 Affidavit)(Dexter, Douglas) (Entered: 07/19/2004)

MEMORANDUM AND ORDER granting 61 Motion for additional time to respond to the motion for class certification, The deadline for Defendants to respond to the motion for class certification is extended to July 30, 2004. Signed by Judge Richard G. Kopf on 7/21/2004. (GJG, ) (Entered: 07/21/2004)

MOTION for Enlargement of Time by Attorney Douglas D. Dexter on behalf of Defendants Stephen B. Curtiss, Nebraska Department of Health &Human Services, Nebraska Department of Health and Human Services Finance and Support, Ron Ross (Dexter, Douglas) (Entered: 07/30/2004)

BRIEF In Opposition to Certification of Class by Attorney Douglas D. Dexter on behalf of Defendants Stephen B. Curtiss, Nebraska Department of Health &Human Services, Nebraska Department of Health and Human Services Finance and Support, Ron Ross (Dexter, Douglas) (Entered: 08/02/2004)

MEMORANDUM AND ORDER denying 30 Motion to Dismiss Signed by Judge Richard G. Kopf on 8/6/2004. (GJG, ) (Entered: 08/06/2004)

Unopposed MOTION to Extend time to file reply brief by Attorney Dianne D. DeLair on behalf of Plaintiff Bill M. (Attachments: # 1)(DeLair, Dianne) (Entered: 08/06/2004)

ORDER granting 67 Motion to Extend time to file reply brief to MOTION to Certify Class 58 . Signed by Magistrate Judge David L. Piester on 8/9/2004. (GJG, ) (Entered: 08/09/2004)

Unopposed MOTION to Extend time to file reply brief by Attorney Dianne D. DeLair on behalf of Plaintiff Bill M. (Attachments: # 1)(DeLair, Dianne) (Entered: 08/16/2004)

ORDER granting 69 Motion to Extend time to file reply brief. Plaintiff is granted until 8/27/2004 to file reply. Signed by Magistrate Judge David L. Piester on 8/17/2004. (JAR) (Entered: 08/17/2004)

REPLY BRIEF In support of Class Certification by Attorney Shirley A. Mora James on behalf of Plaintiff Bill M. (Mora James, Shirley) (Entered: 08/27/2004)

NOTICE OF APPEAL (INTERLOCUTORY) by Attorney Douglas D. Dexter, Stephen B. Curtiss on behalf of Defendants Stephen B. Curtiss, Nebraska Department of Health &Human Services, Nebraska Department of Health and Human Services Finance and Support, Ron Ross, Stephen B. Curtiss, Nebraska Department of Health &Human Services, Nebraska Department of Health and Human Services Finance and Support, Ron Ross. by Attorney Douglas D. Dexter, Stephen B. Curtiss on behalf of Defendants Stephen B. Curtiss, Nebraska Department of Health &Human Services, Nebraska Department of Health and Human Services Finance and Support, Ron Ross, Stephen B. Curtiss, Nebraska Department of Health &Human Services, Nebraska Department of Health and Human Services Finance and Support, Ron Ross (Dexter, Douglas) Modified on 9/8/2004 to add the word "interlocutory" (GJG, ). (Entered: 09/07/2004)

REQUEST FOR TRANSCRIPT by Attorney Douglas D. Dexter on behalf of Defendants Stephen B. Curtiss, Nebraska Department of Health &Human Services, Nebraska Department of Health and Human Services Finance and Support, Ron Ross (Dexter, Douglas) (Entered: 09/07/2004)

APPEAL fee paid with receipt number 406099 in the amount of $ 255 regarding Notice of Appeal to USCA, 72 . THIS IS A TEXT ONLY ENTRY. A PDF DOCUMENT IS NOT ATTACHED TO THIS ENTRY. (GJG, ) (Entered: 09/08/2004)

2 CERTIFIED COPIES of Notice of Appeal, 72 , Memorandum and Order 66 , Request for Transcript 73 and certified Docket Sheet to Clerk, USCA − 8th Circuit. (GJG, ) (Entered: 09/13/2004)

SCHEDULING LETTER (e−mail) from USCA − 8th Circuit as to Notice of Appeal to USCA 72 ; Appellate Docket Number: 04−3263. (Attachments: # 1 Cover Letter)(GJG, ) (Entered: 09/17/2004)

MEMORANDUM AND ORDER−The planning conference that was set for October 4, 2004 iscancelled. Within ten days of any ruling by the Eighth Circuit on defendants' interlocutory appeal, plaintiffs' counsel shall advise the undersigned regarding the need for and any rescheduling of the planning conference. Signed by

ORDER granting 77 . The joint motion of the parties to seal is granted andFiling #60 shall be shall be sealed. Signed by Magistrate Judge David L. Piester on 10/14/2004. (GJG, ) (Entered: 10/14/2004)

E−mail COPY of Opinion of USCA − 8th Circuit(04−3263) regarding Notice of Interlocutory Appeal to USCA, 72 . The denial of Nebraska's motion to dismiss based on sovereign immunity with respect to Plaintiffs' Title II claim is reversed, and the case is remanded to the district court with direction to dismiss the Title II claim against Nebraska. (Attachments: # 1 Letter by Clerk)(JAR) (Entered: 05/27/2005)

MAIL COPY of Opinion of USCA − 8th Circuit(04−3263) regarding Notice of Interlocutory Appeal to USCA, 72 . The denial of Nebraska's motion to dismiss based on sovereign immunity with respect to Plaintiffs' Title II claim is reversed, and the case is remanded to the district court with direction to dismiss the Title II claim against Nebraska. (Attachments: # 1 Cover Letter)(GJG, ) (Entered: 05/31/2005)

Letter by Clerk regarding Opinion (Copy) of USCA, 80 . On May 27, 2005, the opinion of this court was filed. Our cover letter indicated the petition for rehearing was due within 14 days. The due date is in error and the parties will have 45 days from the date of the opinion to file a petition for rehearing, up to and including, July 11, 2005. (GJG, ) (Entered: 06/02/2005)

Mail copy of Letter by Clerk regarding Opinion (Copy) of USCA, 80 . On May 27, 2005, the opinion of this court was filed. Our cover letter indicated the petition for rehearing was due within 14 days. The due date is in error and the parties will have 45 days from the date of the opinion to file a petition for rehearing, up to and including, July 11, 2005. (JAR) (Entered: 06/06/2005)

ORDER-Upon the representations of counsel IT IS ORDERED: A planning conference will be held November 2, 2005 at 9:00 a.m. in the chambers of the undersigned, Room 566 Federal Building, 100 Centennial Mall North, Lincoln, Nebraska. Planning Conference set for 11/2/2005 09:00 AM before Magistrate Judge David L. Piester. Signed by Magistrate Judge David L. Piester on 6/9/2005. (GJG, )

ANSWER to Complaint by Attorney Douglas D. Dexter on behalf of Defendants Nebraska Department of Health and Human Services Finance and Support, Nebraska Department of Health &Human Services, Stephen B. Curtiss, Ron Ross(Dexter, Douglas) (Entered: 06/16/2005)

Certificate of Service by Attorney Shirley A. Mora James on behalf of Plaintiff Bill M.(Mora James, Shirley) (Entered: 06/16/2005)

REPORT AND RECOMMENDATION regarding the MOTION to Certify Class 58 . IT THEREFORE HEREBY IS RECOMMENDED to the Honorable Richard G. Kopf, United States District Judge, pursuant to 28 U.S.C. sec. 636(b) that the plaintiffs' motion to certify a c lass, filing 58 be denied in all respects. The parties are notified that a failure to file an objection to this recommendation as provided in the local rules of this court may be held to be a waiver of any right to appeal the court's adoption of the recommendation. Signed by Magistrate Judge David L. Piester on 6/20/2005. (GJG, )

NOTICE to Take Deposition of Nancy Montanez by Attorney Dianne D. DeLair on behalf of Plaintiff Bill M. (DeLair, Dianne) (Entered: 06/22/2005)

Unopposed MOTION to Extend Time to Object to Magistrate's Report and Recommendation by Attorney Shirley A. Mora James on behalf of Plaintiff Bill M.(Mora James, Shirley) (Entered: 06/28/2005)

ORDER granting 88 Motion to Extend. Plaintiffs shall have until August 4, 2005 to object to the report and recommendation regarding class certification filing 86 . Signed by Judge Richard G. Kopf on 7/1/2005. (GJG, )

Letter from Clerk, USCA 8th Circuit(04−3263) to Attorney Douglas D. Dexter regarding filing of petitions. (JAR) (Entered: 07/20/2005)

NOTICE of Appearance by Attorney Michael J. Rumbaugh on behalf of Defendants Nebraska Department of Health and Human Services Finance and Support, Nebraska Department of Health &Human Services, Stephen B. Curtiss, Ron Ross (Rumbaugh, Michael) (Entered: 07/22/2005)

Letter by USCA Clerk (04−3263) requesting counsel to respond to the petitions by 08/01/2005 regarding Interlocutory Notice of Appeal to USCA 72 (CS, ) (Entered: 07/22/2005)

NOTICE to Take Deposition of Nancy Montanez by Attorney Shirley A. Mora James on behalf of Plaintiff Bill M. (Mora James, Shirley) (Entered: 08/01/2005)

NOTICE to Take Deposition of Chris Peterson by Attorney Shirley A. Mora James on behalf of Plaintiff Bill M. (Mora James, Shirley) (Entered: 08/01/2005)

NOTICE to Take Deposition of Dick Nelson by Attorney Shirley A. Mora James on behalf of Plaintiff Bill M. (Mora James, Shirley) (Entered: 08/01/2005)

OBJECTION to Report and Recommendation,, 86 by Attorney David W. Rowe on behalf of Plaintiff Bill M.(Rowe, David) (Entered: 08/04/2005)

BRIEF In Support of Plaintiff's Statement of Objection to Magistrate Judge's Recommendation to Deny Class Certification by Attorney David W. Rowe on behalf of Plaintiff Bill M.(Rowe, David) (Entered: 08/04/2005)

NOTICE of Service by Attorney Michael J. Rumbaugh on behalf of Defendants Nebraska Department of Health and Human Services Finance and Support, Nebraska Department of Health &Human Services, Stephen B. Curtiss, Ron Ross (Rumbaugh, Michael) (Entered: 08/09/2005)

BRIEF In Opposition to Objection to Report and Recommendation 96 by Attorney Michael J. Rumbaugh on behalf of Defendants Nebraska Department of Health and Human Services Finance and Support, Nebraska Department of Health &Human Services, Stephen B. Curtiss, Ron Ross(Rumbaugh, Michael) (Entered: 08/12/2005)

E−mail COPY of Order from USCA − 8th Circuit(04−3263): The petitions for rehearing en banc are denied. The petitions for rehearing by the panel are also denied. Judge Murphy, Judge Bye and Judge Melloy would grant the petitionsfor rehearing en banc. (Attachments: # 1 Letter by Clerk)(JAR) (Entered: 08/18/2005)

COPY of Order from USCA − 8th Circuit (via U.S. Mail) that the petitions for rehearing en banc are denied; the petitions for rehearing by the panel are also denied; Judge Murphy, Judge Bye and Judge Melloy would grant the petitions for rehearing en banc. (Attachment # 1 Letter by Clerk, USCA)(BMH) (Entered: 08/22/2005)

Letter (e−mail) by Clerk USCA 8th−Circuit regarding Notice of Appeal to USCA, 72 . The mandate of this Court is being sent to the clerk of the district court, together with a receipt. The clerk of the district court is requested to sign, date, and return the receipt to this office. Any district court records in this court's possession will be returned shortly (GJG, ) (Entered: 08/25/2005)

CERTIFIED copy of Opinion of USCA − 8th Circuit (04−3263) regarding Notice of Appeal to USCA 72 . (GJG, ) (Entered: 08/29/2005)

JUDGMENT from USCA − 8th Circuit (04−3293 reversing the decision of the District Court regarding Interlocutory Notice of Appeal to USCA 72 . The cause is remanded to the district court for proceedings consistent with the opinion 103 of this court. (Attachments: # 1 Cover Letter)(GJG, ) (Entered: 08/29/2005)

MEMORANDUM AND ORDER regarding: Opinion (Certified Copy) of USCA, 8th Circuit 103 . For the reasons stated by the Court of Appeals, 408 F.3d at 1098-1100, I will dismiss the first claim for relief of the Amended Complaint (filing 23 ), which asserts a violation of Title II of the ADA. IT IS ORDERED that the first claim for relief of the Amended Complaint (filing 23 ), which asserts a violation of Title II of the ADA, is dismissed with prejudice. Signed by Judge Richard G. Kopf on 9/2/2005. (JAR)