Case: Iowa Protection and Advocacy Services v. Tanager Place

Iowa Protection and Advocacy Services v. Tanager Place

Iowa Protection and Advocacy Services v. Tanager Place

Iowa Protection and Advocacy Services v. Tanager Place

Iowa Protection and Advocacy Services v. Tanager Place

U.S. Court of Appeals for the Eighth Circuit

Iowa Protection and Advocacy Services v. Tanager Place

Iowa Protection and Advocacy Services v. Tanager Place

Iowa Protection and Advocacy Services v. Tanager Place

COMPLAINT against all defendants ( Filing fee $ 150 receipt number 122729.), filed by Iowa Protection and Advocacy Services. Scheduling Report due by 10/1/2004(Palmer, Heather) (Entered: 06/03/2004)

PURSUANT TO LOCAL RULE 3.2 STATEMENT of Interest by Iowa Protection and Advocacy Services. (Palmer, Heather) (Entered: 06/03/2004)

Fee Receipt: $ 150.00, receipt number 122729 for Filing Fee by Iowa Protection and Advocacy Services (gcla)

Summons Issued as to Tanager Place, Tanager, Inc.. (gcla)

MOTION for Preliminary Injunction by Plaintiff Iowa Protection and Advocacy Services. (Attachments: # 1 Brief)(Palmer, Heather) (Entered: 06/07/2004)

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ORDER Setting Hearing on Complaint and 3 Request for Injunctive and Declaratory Relief; an Injunction Hearing is set for 6/16/2004 at 02:30 PM CR 3rd Fl Ct w/Judge Reade. Signed by Judge Linda R Reade on 6/7/04 (w/copy to Defendant Atty Vernon Squires and George Estle at Tanager Place) (mj) (Entered: 06/07/2004)

SUPPLEMENT/ADDENDUM 3 MOTION for Preliminary Injunction by Iowa Protection and Advocacy Services. (Palmer, Heather) (Entered: 06/08/2004)

ACKNOWLEDGEMENT OF SERVICE Executed Acceptance of Service Acknowledgement filed by Tanager Place, Tanager, Inc.. (Squires, Vernon) (Entered: 06/10/2004)

ANSWER to Complaint with jury demand, COUNTERCLAIM against Iowa Protection and Advocacy Services by Tanager Place, Tanager, Inc..(Squires, Vernon) (Entered: 06/14/2004)

NOTICE by Tanager Place, Tanager, Inc. Notice of Constitutional Challenge (Squires, Vernon) (Entered: 06/14/2004)

NOTICE by Tanager Place, Tanager, Inc. Defendants' Statement of Interest (Squires, Vernon) (Entered: 06/14/2004)

ORDER re 8 Notice (Other) filed by Tanager Place, Tanager, Inc. Defendants Brief due before 5:00 p.m. on 6/16/2004. Signed by Judge Linda R Reade on 6/15/04. (deve) (Entered: 06/15/2004)

MOTION for Hearing/Oral Argument Motion to Close Hearing and Seal Certain Exhibits by Defendants Tanager Place, Tanager, Inc., Counter Claimants Tanager Place, Tanager, Inc.. (Squires, Vernon) (Entered: 06/15/2004)

MOTION for Hearing/Oral Argument re 11 MOTION for Hearing/Oral Argument Motion to Close Hearing and Seal Certain Exhibits Defendants' Memorandum in Support of Motion to Close Hearing and Seal Certain Exhibits by Defendants Tanager Place, Tanager, Inc., Counter Claimants Tanager Place, Tanager, Inc.. (Squires, Vernon) (Entered: 06/15/2004)

RESISTANCE to Motion re 3 MOTION for Preliminary Injunction Defendants' Memorandum of Authorities Resisting Motion for Preliminary Injunction filed by Defendants Tanager Place, Tanager, Inc., Counter Claimants Tanager Place, Tanager, Inc.. (Attachments: # 1 Exhibit A, G and H)(Squires, Vernon) (Entered: 06/15/2004)

NOTICE by Iowa Protection and Advocacy Services re 12 MOTION for Hearing/Oral Argument re 11 MOTION for Hearing/Oral Argument Motion to Close Hearing and Seal Certain Exhibits Defendants' Memorandum in Support of Motion to Close Hearing and Seal Certain Exhibits for No Resistance to Closed Hearing and Sealed Exhibits (Malheiro, Sharon) (Entered: 06/15/2004)

BRIEF in Support re 3 MOTION for Preliminary Injunction Plaintiff's Reply to Defendants' Resistance to Plaintiff's Motion for Preliminary Injunction filed by Plaintiff Iowa Protection and Advocacy Services, Counter Defendant Iowa Protection and Advocacy Services. (Attachments: # 1 Exhibit Letter Dated 6/1/04 From Nancy Simon to Mary Estle)(Malheiro, Sharon) (Entered: 06/16/2004)

Minute Entry for proceedings held before Judge Linda R Reade : Motion Hearing held on 6/16/2004 re 3 MOTION for Preliminary Injunction filed by Iowa Protection and Advocacy Services. Hearing on Complaint and Request for Injunctive/Declaratory Relief withdrawn. Plaintiff's oral Motion to Bifurcate Sland Counterclaim Only, granted. Hearing on the merits of the main claim (not slander) will be held on 7/20/04 at 8:00 AM. (Court Reporter Patrice Murray.) (ksy, ) (Entered: 06/17/2004)

ORDER SETTING HEARING. Bench Trial set for 7/20/2004 8:00 AM in CR 3rd Fl Ct before Judge Linda R Reade on all issues except the slander counterclaim. Signed by Judge Linda R Reade on 6/17/04. (ksy, ) (Entered: 06/17/2004)

MOTION to Amend/Correct 1 Complaint by Plaintiff Iowa Protection and Advocacy Services, Counter Defendant Iowa Protection and Advocacy Services. (Attachments: # 1 Exhibit to Motion for Leave to Amend)(Palmer, Heather) (Entered: 06/29/2004)

Plaintiff/Counterclaim Defendant's Reply to Counterclaim and Third-Party Defendant's ANSWER to Counterclaim to Third-Party Complaint and Affirmative Defenses by Iowa Protection and Advocacy Services.(Palmer, Heather) (Entered: 06/29/2004)

ORDER granting 18 Motion to Amend/Correct . Signed by Judge John A Jarvey on 07/14/2004. (Jarvey, John) (Entered: 07/14/2004)

AMENDED COMPLAINT against Tanager Place, Tanager, Inc., filed by Iowa Protection and Advocacy Services.(gcla) (Entered: 07/15/2004)

Witness List by Plaintiff Iowa Protection and Advocacy Services, Counter Defendant Iowa Protection and Advocacy Services. (Malheiro, Sharon) (Entered: 07/19/2004)

Exhibit List by Tanager Place, Tanager, Inc... (Squires, Vernon) (Entered: 07/19/2004)

TRIAL BRIEF by Tanager Place, Tanager, Inc.. (Attachments: # 1 Exhibit)(Squires, Vernon) (Entered: 07/19/2004)

TRIAL BRIEF Supplemental Trial Brief by Iowa Protection and Advocacy Services. (Malheiro, Sharon) (Entered: 07/19/2004)

NOTICE of Appearance by Kim D Schmett on behalf of Coalition for Family and Children's Services of Iowa. (mem) (Entered: 07/19/2004)

MOTION for Leave to Appear Pro Hac Vice by Robert R. Gasaway and Ashley C. Parrish by Amicus Coalition for Family and Children's Services of Iowa. (mem) (Entered: 07/19/2004)

RESISTANCE to Motion re 27 MOTION for Leave to Appear pro hac vice (Pro Hac Vice Fee $ 75) and/or Motion to Strike Same filed by Plaintiff Iowa Protection and Advocacy Services, Counter Defendant Iowa Protection and Advocacy Services. (Malheiro, Sharon) (Entered: 07/20/2004)

MOTION for Leave to File as Amicus Curiae by Amicus Coalition for Family and Children's Services of Iowa. (Attachments: # 1 Brief)(ksy, ) (Entered: 07/20/2004)

MOTION for Qualified HIPAA Protective Order by Plaintiff Iowa Protection and Advocacy Services, Defendants Tanager Place, Tanager, Inc.. (ksy, ) (Entered: 07/20/2004)

ORDER granting 30 Motion for Qualified HIPAA Protective Order . Signed by Judge Linda R Reade on 7/20/04. (ksy, ) (Entered: 07/20/2004)

ORDER denying 27 Motion for Leave to Appear Pro Hac Vice by Robert R. Gasaway and Ashley C. Parrish, striking 26 Notice of Appearance by Kim Schmett and 27 Motion for Leave to Appear, and denying 29 Motion for Leave to File Amicus Curiae Brief. This court will not consider any amicus curiae brief filed on behalf of Coalition of Family and Children's Services in Iowa in ruling on the merits of this case. Signed by Judge Linda R Reade on 7/20/04. (ksy, ) (Entered: 07/20/2004)

Minute Entry with Witness and Exhibit list for proceedings held before Judge Linda R Reade: Motion Hearing held on 7/20/2004 re 30 MOTION for Qualified HIPAA Protective Order filed by Tanager Place, Iowa Protection and Advocacy Services, Tanager, Inc. (Court Reporter Patrice Murray.) (ksy, ) (Entered: 07/20/2004)

CASE READY FOR DECISION (Bench Trial Held 7/20/04) . Signed by Clerk on 7/20/04. (mj) (Entered: 07/21/2004)

ANSWER to Amended Complaint Counterclaim by Tanager Place, Tanager, Inc..(Squires, Vernon) (Entered: 07/28/2004)

SCHEDULING ORDER AND DISCOVERY PLAN: Initial Disclosures due date of 8/20/04 but not filed with the court. Add Parties Deadline due by 10/20/2004. Amended Pleadings due by 10/20/2004. Plaintiffs Expert Witness due by 11/20/2004. Defendants Expert Witnesses due by 1/20/2005. Plaintiffs Rebuttal Experts due by 2/20/2005. Discovery due by 4/20/2005. Motions due by 5/20/2005. Trial Ready Deadline 8/22/2005. The proposed scheduling order and discovery plan is approved and adopted by the Court. Therefore, a scheduling conference will not be set at this time. Signed by Judge John A Jarvey on 8/3/04. (ksy, ) (Entered: 08/03/2004)

TRIAL MANAGEMENT ORDER: Witness and exhibit lists exchanged by parties (but not filed) at least 21 days before FPTC. Exhibits marked. Jury Instructions 14 days before FPTC. Motions in limine 14 days before FPTC. Jury Trial set for 9/19/2005 08:00 AM in CR 3rd Fl Ct before Judge Linda R Reade. Final Pretrial Conference set for 9/9/2005 10:00 AM in CR 2nd Fl Ct before Chief Magistrate John A Jarvey. Proposed Pretrial Order due by 9/7/2005. Signed by Judge Linda R Reade on 8/9/04. (ksy, ) Modified on 8/10/2004 to correct pretrial order deadline (gcla). (Entered: 08/09/2004)

ORDER - Defendants Tanager Place and Tanager, Inc. are permanently enjoined (see text). Signed by Judge Linda R Reade on 9/30/04. (deve) Additional attachment(s) added on 9/30/2004 (deve, ). Modified on 10/1/2004 (copy was faxed to all attys on 9/30/04) (mj). (Entered: 09/30/2004)

Order has been attached to docket entry #38. Inadvertantly left off when originally docketed. (deve) (Entered: 09/30/2004)

MOTION to Amend/Correct 38 Order, by Defendant Tanager Place. (Attachments: # 1 Brief in Support of Motion to Amend Judgment)(Squires, Vernon) Modified on 10/12/2004 to change text to read Motion to Amend/Correct Order (dsr). (Entered: 10/11/2004)

RESISTANCE to Motion re 40 MOTION to Amend/Correct 38 Case Ready for Decision, filed by Plaintiff Iowa Protection and Advocacy Services, Counter Defendant Iowa Protection and Advocacy Services. (Malheiro, Sharon) (Entered: 10/20/2004)

REPLY BRIEF to Amend Judgment and Terminate Injunction filed by Defendants Tanager Place, Tanager, Inc., Counter Claimants Tanager Place, Tanager, Inc. (Squires, Vernon) Modified on 10/25/2004 to add docket relationship to 40 Motion to Amend/Correct Order (dsr). (Entered: 10/25/2004)

ORDER denying 40 Motion to Amend Judgment and Terminate Injunction. Signed by Judge Linda R Reade on 11/5/04. (deve) (Entered: 11/05/2004)

NOTICE OF APPEAL as to 38 Case Ready for Decision,, 43 Order on Motion to Amend/Correct by Tanager Place, Tanager, Inc.. Filing fee $ 255. (Attachments: # 1 Appellant's Form A)(Squires, Vernon) (Entered: 11/17/2004)

USCA Appeal Fees received $255, receipt number 123994 re 44 Notice of Appeal filed by Tanager (mj) (Entered: 11/18/2004)

NOTICE by Tanager Place, Tanager, Inc. (Squires, Vernon) Modified on 11/19/2004 to add that a copy of this document provided to Court Reporter (dsr). (Entered: 11/19/2004)

NOA Supplement and Transmission of Notice of Appeal and Docket Sheet to US Court of Appeals re 44 Notice of Appeal (des, ) (Entered: 11/22/2004)

COURT OF APPEALS RECEIPT of Notice of Appeal and supporting documents received by USCA on: Mon Nov 22 16:29:35 CST 2004 (des, ) Modified on 11/23/2004 to note John Elser at 8CC verified documents #38, #43, #44, #45, #46, #47 and docket sheets were received electronically (des, ).

Pursuant to phone call from attorneys for Iowa Protection Services advising that the NOA Supplement 47 is showing incorrect attorneys for Iowa Protection Services. The 8th Circuit has been contacted by this Clerk's Office, and they will amend the NOA form to reflect the attorneys for Iowa Protection Services are Heather Lee Palmer and Sharon Malherio of the Davis Law Firm in Des Moines. Joe at the 8th Circuit Clerk's Office stated that he will make the correction on the form. (mj)

TRANSCRIPT of Motion for Injunctive Relief Proceedings held on 7/20/04 before Judge Linda R. Reade. Court Reporter: Patrice A. Murray. (for complete copy of transcript contact Patrice Murray at (319) 286-2324, 101 1st Street SE, Cedar Rapids, IA 52401. (de) (Entered: 12/14/2004)

USCA Case Number 04-4074 for 44 Notice of Appeal filed by Tanager Place, Tanager, Inc. (ksy, )

Designation of Expert Witness by Iowa Protection and Advocacy Services, Iowa Protection and Advocacy Services, Sylvia Piper. (Attachments: # 1 CV of Marty Beyer, Ph.D.# 2 CV of Paul DeMuro# 3 CV of Clarence J. Sundram# 4 CV of Michael Terkeltaub)(Malheiro, Sharon) (Entered: 01/20/2005)

MOTION for Pretrial Determination of Defamation Per Se by Defendant Tanager Place. (Attachments: # 1 Brief in Support of its Motion for Pretrial Determination of Defamation Per Se)(Squires, Vernon) (Entered: 03/25/2005)

MOTION for Extension of Time Response to Defendant Tanager Place's Motion for Pretrial Determination of Defamation Per Se by Plaintiff Iowa Protection and Advocacy Services, Counter Defendant Iowa Protection and Advocacy Services, ThirdParty Defendant Sylvia Piper. (Palmer, Heather) (Entered: 03/29/2005)

ORDER granting 52 Motion for Extension of Time to File Response to 52 Motion for Pretrial Determination of Defamation Per Se. Response due by 5/2/2005. Signed by Judge John A Jarvey on 4/7/05. (ksy, ) (Entered: 04/07/2005)

UNRESISTED MOTION for Extension of Discovery Deadline by Plaintiff Iowa Protection and Advocacy Services, Counter Defendant Iowa Protection and Advocacy Services, ThirdParty Defendant Sylvia Piper. (Palmer, Heather) (Entered: 04/20/2005)

ORDER granting 54 Unresisted Motion for Extension of Discovery Deadline. The discovery deadline is extended to 5/20/2005. Signed by Judge John A Jarvey on 4/21/05. (mem) (Entered: 04/21/2005)

Reset Scheduling Order Deadline: Discovery due by 5/20/2005. (mem)

UNRESISTED MOTION for Extension of Deadline to Respond to Tanager Place's Motion for Pretrial Determination of Defamation Per Se by Plaintiff Iowa Protection and Advocacy Services, Counter Defendant Iowa Protection and Advocacy Services, ThirdParty Defendant Sylvia Piper. (Palmer, Heather) (Entered: 05/02/2005)

ORDER granting 56 UNRESISTED Motion; Plaintiff/Counterclaim Defendant Iowa Protection Advocacy Services, Inc. and Third-Party Defendant Sylvia Piper shall have to and including May 20, 2005, to respond to Tanager Place's Motion for Pretrial Determination of Defamation. Signed by Judge John A Jarvey on 5/6/05. (Stigler, Karo) (Entered: 05/06/2005)

Reset Deadlines as to 51 MOTION for Pretrial Determination of Defamation Per Se. Responses due by 5/20/2005 (Stigler, Karo)

MOTION to Compel by Plaintiff Iowa Protection and Advocacy Services, Counter Defendant Iowa Protection and Advocacy Services, ThirdParty Defendant Sylvia Piper. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Exhibit D# 5 Exhibit E# 6 Declaration)(Malheiro, Sharon) (Entered: 05/13/2005)

MOTION for Summary Judgment by Plaintiff Iowa Protection and Advocacy Services, Counter Defendant Iowa Protection and Advocacy Services, ThirdParty Defendant Sylvia Piper. Responses due by 6/6/2005 (Attachments: # 1 Brief # 2 Statement of Material Facts # 3 Appendix Part I# 4 Appendix Part II# 5 Appendix Part III# 6 Appendix Part IV# 7 Appendix Part V# 8 Appendix Part VI# 9 Appendix Part VII# 10 Appendix VIII)(Malheiro, Sharon) Modified on 5/16/2005 to create link to #51(de). (Entered: 05/13/2005)

1 Brief

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3 Statement of Material Facts

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4 Appendix Part I

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5 Appendix Part II

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6 Appendix Part III

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7 Appendix Part IV

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8 Appendix Part V

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9 Appendix Part VI

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10 Appendix Part VII

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11 Appendix VIII

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MOTION to Withdraw 58 MOTION to Compel by Plaintiff Iowa Protection and Advocacy Services, Counter Defendant Iowa Protection and Advocacy Services, ThirdParty Defendant Sylvia Piper. (Palmer, Heather) (Entered: 05/18/2005)

ORDER withdrawing 58 Motion to Compel, granting 60 Motion to Withdraw . Signed by Judge John A Jarvey on 5/18/05. (de) (Entered: 05/18/2005)

ORDER denying 58 MOTION to Compel filed by Iowa Protection and Advocacy Services, Sylvia Piper. This motion was withdrawn on 5/18/05. Signed by Judge John A Jarvey on 5/18/05. (de) (Entered: 05/18/2005)

RESISTANCE to Motion re 59 MOTION for Summary Judgment, 51 MOTION for Pretrial Determination of Defamation Per Se filed by Counter Claimants Tanager Place, Tanager, Inc., Defendants Tanager, Inc., Tanager Place. (Attachments: # 1 Statement of Material Facts # 2 Appendix)(Squires, Vernon) (Entered: 05/24/2005)

MOTION for Leave to File Amended Answer and Reply to Assert Additional Affirmative Defenses by Plaintiff Iowa Protection and Advocacy Services, Counter Defendant Iowa Protection and Advocacy Services, ThirdParty Defendant Sylvia Piper. (Attachments: # 1 Amended Answer)(Palmer, Heather) (Entered: 05/31/2005)

RESISTANCE to Motion re 64 MOTION for Leave to File Amended Answer and REply to Assert Additional Affirmative Defenses filed by Counter Claimants Tanager Place, Tanager, Inc., Defendants Tanager, Inc., Tanager Place. (Squires, Vernon) (Entered: 06/02/2005)

MOTION to Strike Expert Witness by Counter Claimants Tanager Place, Tanager, Inc., Defendants Tanager, Inc., Tanager Place. Responses due by 6/20/2005 (Attachments: # 1 Brief Support of Motion to Strike Expert)(Squires, Vernon) (Entered: 06/02/2005)

MOTION for Leave to File Overlength Brief by Plaintiff Iowa Protection and Advocacy Services, Counter Defendant Iowa Protection and Advocacy Services, ThirdParty Defendant Sylvia Piper. (Attachments: # 1 Brief # 2 Appendix (Supplemental))(Palmer, Heather) (Entered: 06/03/2005)

ORDER granting 67 Plaintiff/Counter-Defendant Iowa Protection's Motion for Leave to File Overlength Reply Brief. Signed by Clerk on 6/6/05. (mj) (Entered: 06/06/2005)

REPLY to Resistance to 59 MOTION for Summary Judgment filed by Plaintiff/Counterclaim Defendant Iowa Protection and Advocacy Services. (Attachments: # 1 Appendix)(mj) (Entered: 06/06/2005)

REPLY to Response to Motion re 64 MOTION for Leave to File Amended Answer and Reply to Assert Additional Affirmative Defenses filed by Plaintiff Iowa Protection and Advocacy Services, Counter Defendant Iowa Protection and Advocacy Services, ThirdParty Defendant Sylvia Piper. (Palmer, Heather) Modified on 6/8/2005 to correct typographical error (de). (Entered: 06/07/2005)

RESISTANCE to Motion re 66 MOTION to Strike Expert Witness filed by Plaintiff Iowa Protection and Advocacy Services, Counter Defendant Iowa Protection and Advocacy Services, ThirdParty Defendant Sylvia Piper. (Palmer, Heather) (Entered: 06/07/2005)

ORDER granting 64 Motion for Leave to Amend. The Clerk of Court shall file Iowa P&A's Amended Reply to Counterclaim and Answer to Third-Party Complaint which was attached to its motion for leave to amend as Exhibit A. Signed by Judge John A Jarvey on 6/20/05. (Stigler, Karo) (Entered: 06/21/2005)

ORDER denying 66 Motion to Strike expert witnesses. Tanager Place shall designate any rebuttal experts by July 15, 2005. Signed by Judge John A Jarvey on 6/20/05. (Stigler, Karo)

ANSWER to Counterclaim, ANSWER to Amended Complaint by Iowa Protection and Advocacy Services, Sylvia Piper.(de) (Entered: 06/21/2005)

Reset Deadline: Tanager Place shall designate any rebuttal experts by 7/15/2005. (Stigler, Karo)

ORDER SETTING HEARINGS: Telephonic Status Conference set for 8/18/2005 10:30 AM before Judge Linda R Reade. The Court will establish the call. Counsel shall contact Diane at 319/286-2330 by 8/16/05. Signed by Judge Linda R Reade on 8/15/05. (de) (Entered: 08/15/2005)

Minute Entry for proceedings held before Judge Linda R Reade. Status Conference held on 8/18/2005. Trial on severed slander counterclaim to be continued to either the week of 12/19/05 or 3/20/06. Parties to inform court which trial date works better. Trial anticipated to last 3 days. No order to follow. (Court Reporter Patrice Murray.) (de) (Entered: 08/18/2005)

AMENDED AND SUBSTITUTED TRIAL MANAGEMENT ORDER: Witness and exhibit lists exchanged by parties (but not filed) at least 21 days before FPTC. Exhibits marked. Jury Instructions 14 days before FPTC. Motions in limine 14 days before FPTC. JURY TRIAL set for 3/20/2006 08:00 AM in CR 3rd Fl Ct before Judge Linda R Reade. Final Pretrial Conference set for 3/10/2006 09:00 AM in CR 2nd Fl Ct before Chief Magistrate John A Jarvey. Proposed Pretrial Order due by 3/8/2006.Signed by Judge Linda R Reade on 8/22/05. (mj) (Entered: 08/22/2005)

ORDER: Counterclaim Plaintiff's Motion for Pretrial Determination of Defamation Per Se 51 is DENIED; and Counterclaim Defendants' Motion for Summary Judgment 59 is DENIED. Signed by Judge Linda R Reade on 8/24/05. (mj)

UNRESISTED MOTION for Leave to Amend Counterclaim to Conform to the Evidence by Counter Claimants Tanager Place, Tanager, Inc., Defendants Tanager, Inc., Tanager Place. (Attachments: # 1 Answer to Amended Complaint)(Squires, Vernon) (Entered: 10/06/2005)

ORDER granting 79 UNRESISTED Motion for Leave to Amend Counterclaim to Conform to Evidence. Signed by Judge John A Jarvey on 10/11/05. (ksy, ) (Entered: 10/11/2005)

Amended ANSWER to Complaint with Jury Demand, Amended COUNTERCLAIM against Sylvia Piper, Iowa Protection and Advocacy Services by Tanager, Inc., Tanager Place.(jkh) Additional attachment(s) added on 10/11/2005 (jkh). Modified on 10/11/2005 to create a link to amended complaint (jkh). (Entered: 10/11/2005)

Docket Annotation: This document at #82 is now attached to entry #81 (docket error). (jkh) (Entered: 10/11/2005)

Reply and ANSWER to 81 Counterclaim by Sylvia Piper, Iowa Protection and Advocacy Services.(Palmer, Heather) Modified text on 10/12/2005 (ksy, ). (Entered: 10/11/2005)

ORDER: This matter comes before the court pursuant to the 10/27/05 decision of the 8th Circuit Court of Appeals. The 8th Circuit Court of Appeals determined the controversy was moot, vacated the court's 9/30/04 injunction and instructed this co urt to dismiss the complaint w/prejudice. Accordingly, the court dismisses the complaint with prejudice. Trial remains set on Tanager Place's severed counterclaim for the two-week period beginning 3/20/06 at 8:00 a.m. Only a state law claim remains. It appears the parties are not diverse. Parties are directed to brief the issue of whether this court still has jurisdiction over the counterclaim. Parties Briefs due by 12/1/2005. Signed by Judge Linda R Reade on 11/18/05. (de)

ORDER/OPINION of USCA (certified copy) as to 44 Notice of Appeal filed by Tanager Place, Tanager, Inc: The judgment is reversed, and the case is remanded to the district court with directions to dismiss the complaint with prejudice. (ksy, ) (Entered: 11/21/2005)

MANDATE/JUDGMENT of USCA (certified copy) as to 44 Notice of Appeal filed by Tanager Place, Tanager, Inc: It is hereby ordered and adjudged that the judgment of the district court in this cause is reversed and the cause is remanded to the district court for proceedings consistent with the opinion of this court. (ksy, ) (Entered: 11/21/2005)

RESPONSE re 86 OrderRegarding Jurisdiction by Tanager, Inc., Tanager Place. (Squires, Vernon) Modified on 12/2/2005 to remove repetitive text (des, ). (Entered: 12/01/2005)

REPLY BRIEF to Court's Order of 11/18/05 Addressing Jurisdiction filed by Counter Defendants Sylvia Piper, Iowa Protection and Advocacy Services. (Malheiro, Sharon) Modified on 12/2/2005 to remove repetitive text and add link to #86 Order (des, ). (Entered: 12/01/2005)

ORDER: The court shall continue to exercise supplemental jurisdiction over Counterclaim-Plaintiff Tanager Place's defamation claim. To the extent the Counterclaim Defendant and Third Party Defendant moved to dismiss this case for lack of jurisdiction in their Memorandum Addressing Jurisdiction at 90 , such motion is DENIED. Signed by Judge Linda R Reade on 12/13/05. (mj)

ORDER OF CASE SETTLEMENT: The court has been advised that this action has been settled. The parties shall have to and including, the date listed at end of this docket entry, to file their settlement documents. Dismissal Papers Deadline are due by 3/3/2006. The Clerk shall satisfy all pending motions as moot. Signed by Judge Linda R Reade on 1/25/06. (mj) (Entered: 01/25/2006)

ORDER. Unless a stipulation of dismissal or request for extension of time is filed by no later than March 17, 2006, a final order of dismissal will be entered pursuant to Local Rule 41.1.c. Signed by Judge Linda R Reade on 2/21/06. (mem) (Entered: 02/21/2006)

STIPULATION of Dismissal with Prejudice by Tanager, Inc., Tanager Place, Tanager Place, Tanager, Inc., Tanager, Inc., Tanager Place. (Squires, Vernon) (Entered: 03/09/2006)

Notice of Intent to Destroy Exhibits: Exhibits will be destroyed by the Clerk of Court on 3/26/2007 unless claimed by you or your office prior to this date Check Status Deadline due by 3/27/2007. Signed by Clerk on 2/23/2007. (mem) (Entered: 02/23/2007)