Sanders v. Lee County School District No. 1 et al

Filing 100

ORDER directing the parties to confer on the issue to go forward in this action, and if they are in agreement, submit a joint report within 30 days from the entry of this Order. Signed by Chief Judge J. Leon Holmes on 3/23/12. (vjt)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
EASTERN DIVISION
SHARON Y. SANDERS
v.

PLAINTIFF
No. 2:08CV00219 JLH

LEE COUNTY SCHOOL DISTRICT NO. 1, et al.

DEFENDANTS

ORDER
The United States Court of Appeals for the Eighth Circuit has reversed this Court’s Order
granting the Rule 50 motion on the constructive discharge claim and on the Rule 50 motion vacating
the punitive damage award. With respect to the punitive damage award, the Eighth Circuit reversed
the Order granting the Rule 50 motion vacating the punitive damage award but remanded to this
Court “to allow Sanders to prove her claim for punitive damages, subject to the Board’s right to
assert the affirmative defense of ignorance of federal law.” On the one hand, reversal of the Court’s
Order vacating the punitive damage award would seem to require that the punitive damage award be
reinstated; on the other hand, the language from the opinion quoted above appears to contemplate
a new trial on the issue of punitive damages.
The Court directs the parties to confer on the issue of how to go forward in this action, and
if they are in agreement, submit a joint report within thirty days from the entry of this Order. If the
parties are not in agreement, they should submit simultaneous reports stating their different positions
within thirty days from the entry of this Order.
If the parties wish to have this matter referred to a Magistrate Judge for a settlement
conference, they should notify the courtroom deputy, Cory Wilkins, at [phone].
IT IS SO ORDERED this 23rd day of March, 2012.

J. LEON HOLMES
UNITED STATES DISTRICT JUDGE