Unresisted Motion — Extend Deadline to Answer — The Arc of Iowa v. Kim Reynolds (Case No. 4:21-CV-00264-RP-SBJ, Document 81)

Summary

Defendants Governor Kim Reynolds and Ann Lebo's unresisted motion to extend the deadline to answer or move for dismissal in The Arc of Iowa et al. v. Kim Reynolds, in her official capacity as Governor of Iowa, et al., Case No. 4:21-CV-00264-RP-SBJ, in the U.S. District Court for the Southern District of Iowa, filed June 8, 2022 as Document 81. Under Local Rule 7(j), the State asks to extend its deadline until July 1, 2022. The motion states that on October 18, 2021 the Court held all deadlines in abeyance pending the Eighth Circuit mandate in Case No. 21-3268, which issued June 6, 2022, and that, assuming the mandate automatically ends the abeyance, the deadline would be June 21, 2022, before a June 22, 2022 status conference. It states that counsel for plaintiffs have indicated they do not object. It is signed by Assistant Attorney General Samuel P. Langholz.

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       Case 4:21-cv-00264-RP-HCA Document 81 Filed 06/08/22 Page 1 of 3




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


 THE ARC OF IOWA et al.,                        Case No. 4:21-CV-00264-RP-SBJ

 Plaintiffs,
                                               DEFENDANTS GOVERNOR
 v.                                         KIM REYNOLDS AND ANN LEBO’S
                                               UNRESISTED MOTION TO
 KIM REYNOLDS, in her official              EXTEND DEADLINE TO ANSWER
 capacity as Governor of Iowa, et al.          OR MOVE FOR DISMISSAL

 Defendants.


      COME NOW Defendants Governor Kim Reynolds and Ann Lebo (collectively,

“the State”) and move under Local Rule 7(j) to extend the deadline for filing their

answer or motion to dismiss until July 1, 2022. In support of this motion, the State

pleads as follows:

      1.   On October 18, 2021, the Court granted the State’s Unresisted Motion to

Stay Proceedings, ordering: “The Court holds in abeyance all deadlines pending

issuance of the mandate from the Eighth Circuit in the interlocutory appeal.” Text

Order, R. Doc. 69.

      2.   At that time, 15 days remained for answering or filing a pre-answer motion

under Rule 12(b) because the State had accepted service on September 3, 2021. See

Fed. R. Civ. P. 12(a)(1)(A)(ii).

      3.   On June 6, 2022, the Eighth Circuit issued the mandate in the interlocutory

appeal, Case No. 21-3268.
      Case 4:21-cv-00264-RP-HCA Document 81 Filed 06/08/22 Page 2 of 3




    4.      Assuming the issuance of the mandate automatically ends the abeyance of

deadlines under this Court’s order, the State’s deadline for answering or moving to

dismiss would now be June 21, 2022.

    5.      Because this deadline is before the status conference schedule for June 22,

2022, and the State needs additional time to prepare a motion to dismiss given

unavoidable workload of the State’s counsel in other cases in state and federal court,

the State request a ten-day extension of the deadline to respond to the complaint with

an answer or pre-answer motion until and including July 1, 2022.

    6.      This deadline has not previously been extended, there are no other existing

court-imposed deadlines in this matter, and no pretrial conference or trial has yet

been set.

    7.      Counsel for Plaintiffs have indicated that they do not object to this motion.

    WHEREFORE, Defendants Governor Kim Reynolds and Ann Lebo request that

this Court extend their deadline for answering or moving to dismiss the complaint

until and including July 1, 2022.

                                          Respectfully submitted,

                                          THOMAS J. MILLER
                                          Attorney General of Iowa

                                          JEFFREY S. THOMPSON
                                          Solicitor General

                                          /s/ Samuel P. Langholz
                                          SAMUEL P. LANGHOLZ
                                          Assistant Attorney General
                                          Iowa Department of Justice
                                          1305 E. Walnut Street, 2nd Floor
                                          Des Moines, Iowa 50319



                                         —2—
Case 4:21-cv-00264-RP-HCA Document 81 Filed 06/08/22 Page 3 of 3




                             Phone: (515) 281-5164
                             Fax: (515) 281-4209
                             sam.langholz@ag.iowa.gov
                             jeffrey.thompson@ag.iowa.gov

                             ATTORNEYS FOR DEFENDANTS
                             GOVERNOR KIM REYNOLDS AND
                             ANN LEBO

                                                PROOF OF SERVICE
                               The undersigned certifies that the foregoing instrument was
                              served upon all parties of record by delivery in the following
                              manner on June 8, 2022:

                                 U.S. Mail                            Email
                                 Hand Delivery                        Overnight Courier
                                 Federal Express                      Other
                                 CM/ECF

                             Signature: /s/ Samuel P. Langholz




                            —3—


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