Castro, et al v. Herrera, et al

Filing 141

ORDER that this action shall be dismissed; all earlier orders in this action are VACATED 138 ; and this court is withdrawing its "federal supervision over the Phoenix Union High School District (see order). Signed by Judge Robert C Broomfield on 2/4/08. (TLJ)

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Castro, et al v. Herrera, et al Doc. 141 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 WO IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA ) ) ) Plaintiffs, ) ) vs. ) ) High School District #210 aka) Phoenix Union High School) ) District #210, et al., ) ) Defendants. ) ) ) United States of America, ) ) Plaintiff, ) ) vs. ) ) Phoenix Union High School ) ) District #210, et al., ) ) Defendants. ______________________________) Rachel Castro, et al., No. 82-302-PHX-RCB 85-1249-PHX-RCB ORDER Familiarity with this protracted litigation is presumed A brief recitation of fairly recent events will, however, place this dismissal order in context. Dockets.Justia.com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Following an evidentiary hearing regarding unitary status, by order dated May 24, 2005, this court expressly "found that the Phoenix Union High School District (. . . "the District") has complied with the obligations under the Consent Decree, that it has remedied the vestiges of the past dual system to the extent practicable and that the District, through its administrators and Governing Board has demonstrated a good faith commitment to maintaining a unitary and non-discriminatory school system[.]" Doc. 138 at 1-2. Based upon that finding the court entered a multi-faceted order, several aspects of which are particularly relevant at this juncture. First of all the court retained only limited jurisdiction. More specifically, it "retain[ed] jurisdiction and oversight over this case . . . only until the District gives notice to the parties and the Court that it has completed construction of the new high school to be built on Baseline at 56th Avenue[.]" Id. at 2, 1(emphasis added). Second, the court ordered that "upon completion of th[at] new full service high school, no further [status] reports [as to design and construction of that school] shall be filed[.]" Id. at 2, 3. Third, the court expressly ordered dismissal "when the District files its notice of completion of the new full-service high school[.]" Id. at 3, 7. On August 8, 2007, the District filed and served upon the parties the required "Notice of Completion of Betty H. Fairfax High School[.]" See Doc. 140. Thus, in accordance with this court's May 25, 2005 order, IT IS HEREBY ORDERED that: (1) this action shall be DISMISSED; -2- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 (2) "all earlier orders [in this action are] VACATED[,]" doc. 138 at 3, 7 (emphasis added); and (3) this court is WITHDRAWING its "federal supervision over the Phoenix Union High School District (subject only to the retention of ancillary jurisdiction as set forth in paragraphs 4, 5 and 6 [of the court's May 24, 2005 order][.]" Id. DATED this 4th day of February, 2008. Copies to all counsel of record -3-

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