Partial Joinder in Districts' Motion to Dismiss — Iowa City Community School District (Arc of Iowa v. Kim Reynolds, Document 98)

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A partial joinder in the Districts' motion to dismiss, filed August 1, 2022 as Document 98 by Defendant Iowa City Community School District in Arc of Iowa, et al. v. Kim Reynolds, et al., Case No. 4:21-cv-00264-RP-HCA, in the U.S. District Court for the Southern District of Iowa. The district partially joins the motion to dismiss (Doc. 96) and adopts Argument II(C) of the supporting brief (Doc. 96-1). It states that the Complaint filed September 3, 2021 named school districts as indispensable but not adverse parties regarding Iowa Code Section 280.31 without explaining why the district is a necessary party. Citing Bell Atl. Corp. v. Twombly, 500 U.S. 544, 570 (2007), it asks for dismissal as to the district under Federal Rule of Civil Procedure 12(b)(6). The two-page filing includes a certificate of service.

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       Case 4:21-cv-00264-RP-HCA Document 98 Filed 08/01/22 Page 1 of 2




                          IN THE UNITED STATES DISTRICT COURT
                           FOR THE SOUTHERN DISTRICT OF IOWA


 ARC OF IOWA, et. al,                                 Case No. 4:21-cv-00264

         Plaintiff,

 v.

 KIM REYNOLDS, et. al,                                PARTIAL JOINDER IN “DISTRICTS”
                                                           MOTION TO DISMISS
         Defendants.


       COMES NOW, Defendant Iowa City Community School District (“ICCSD”), and moves

to dismiss this action as to ICCSD, and partially joins the Motion to Dismiss filed by the

Defendants “Districts” (Doc. 96) and adopts portions of the accompanying brief (Doc. 96-1) as set

forth below. In support of this Partial Joinder in “Districts” Motion to Dismiss, Defendant ICCSD

states as follows:

       1.       On September 3, 2021, Plaintiffs filed a Complaint joining ICCSD and other school

districts as defendants, asserting that such districts are “indispensable but not adverse parties”

regarding application of Iowa Code Section 280.31.

       2.       Plaintiffs do not articulate how ICCSD is “indispensable,” or in any other way a

necessary party, to the relief sought by the Complaint.

       3.       The Complaint instead targets the actions of State officials, and contains vague and

conclusory allegations which do not provide “enough facts to state a claim to relief that is plausible

on its face” as regards ICCSD. See Bell Atl. Corp. v. Twombly, 500 U.S. 544, 570 (2007).

       4.       Therefore, the Complaint fails to state a claim upon which relief can be granted as

to ICCSD and should be dismissed as to ICCSD pursuant to Federal Rule of Civil Procedure

12(b)(6).

                                                  1
       Case 4:21-cv-00264-RP-HCA Document 98 Filed 08/01/22 Page 2 of 2




       5.      Plaintiffs do not articulate how the actions of State officials cause ICCSD to be an

indispensable party, and the Complaint fails to state an actionable claim as regards it. Defendant

ICCSD hereby adopt Argument II(C) as set out in the “Districts Brief in Support of Motion to

Dismiss Complaint” filed at Doc. 96-1 and hereby incorporates the same herein by reference, and

further states the Complaint fails to state a claim upon which relief can be granted as to ICCSD

and should be dismissed as to ICCSD.

       WHEREFORE, ICCSD request the Court dismiss this action as to ICCSD.



                                                     /s/ Crystal K. Raiber
                                                     CRYSTAL K. RAIBER #AT0009768
                                                     HOLLAND, MICHAEL, RAIBER &
                                                     SITTIG PLC
                                                     123 N. Linn St., Suite 300
                                                     Iowa City, IA 52245
                                                     (319) 354-0331
                                                     craiber@icialaw.com
                                                     ATTORNEY FOR DEFENDANT IOWA
                                                     CITY COMMUNITY SCHOOL DISTRICT
                                                                CERTIFICATE OF SERVICE

                                                     The undersigned hereby certifies that a true copy of the
                                                     foregoing instrument was served upon each of the attorneys
                                                     of record of all parties to the above-entitled cause in compliance
                                                     with FRCP 5 on August 1, 2022 by:
                                                     □ U.S. Mail             □ FAX
                                                     □ Hand Delivered        □ Overnight Courier
                                                      □ Federal Express      [X] Electronically through CM-ECF

                                                     /s/ Crystal Raiber




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