Conyears et al v. Brinkley School District et al
Filing
58
ORDER granting in part and denying in part 52 Motion to Dismiss for Lack of Prosecution; granting 53 Motion to Dismiss; granting 55 Motion to Dismiss. The Court reopens discovery for approximately two weeks to allow some plaintiffs to be d eposed. If any of these plaintiffs does not appear for deposition by February 14, 2014, his or her claims will be dismissed without prejudice. All claims by the following Plaintiffs-Timothy Miller, Sheneairr Coger, Tammy Ray, Eula Couch, Doris Calah an, Mark Devine, Mary Knotts, Carl Burnett, Denetra Brown, Nicole Carroll, Dizzle Webb, Dana Wright, Andrea Young, Derek Young, Blonz Armstrong, Tameka McGuire, Lue Ella Wilbon, Berniece Parker, Annadell Halliburton, Evelyn Dixon, Erica Anthony, Viola Miller, Carletha White, Summer White, Charity White, Cody Lovejoy, Tommy Roberts, Stephanie Green, and Crystal Moncrief-are dismissed without prejudice. Signed by Judge D. P. Marshall Jr. on 1/29/14. (kpr)
IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
EASTERN DIVISION
PLAINTIFFS
TANDRA CONYEARS, et al.
v.
No. 2:11-cv-111-DPM
BRINKLEY SCHOOL DISTRICT, et al.
DEFENDANTS
ORDER
The motion to dismiss for failure to prosecute, NQ 52, is granted in part
and denied in part. This old case needs to be adjudicated. Discovery closed
right before Christmas. Dispositive motions were due by 13 January 2014,
and none were filed. This case is set first out for trial on 3 March 2014. The
Court has continued the trial date and deadlines twice, at the mutual request
of counsel and for various good reasons, such as health-related issues.
Twenty-nine Plaintiffs have failed to respond to written discovery and appear
for their depositions. Defendants can't be expected to try the case against
them without the benefit of discovery.
Ten Plaintiffs responded to written discovery but failed to appear for
their depositions.* The Court reopens discovery for approximately two weeks
to allow these Plaintiffs to be deposed. If any of these Plaintiffs does not
appear for deposition by 14 February 2014, then his or her claims will be
dismissed without prejudice.
The case will go forward on behalf of approximately thirty Plaintiffs in
any event. All parent-Plaintiffs in the case make identical constitutional
claims about the operation of the Brinkley School District. Those claims will
necessarily be addressed and resolved in the upcoming trial. No plaintiff
seeks individual-specific relief. There is no basis, of course, to dismiss the
case as to the Plaintiffs who have participated in discovery. And while
dismissal is an extreme sanction, given all the material circumstances, the
Court concludes that dismissal without prejudice is the proper step at this
point for the completely non-responsive Plaintiffs. Givens v. A.H. Robins Co.,
Inc., 751 F.2d 261, 263 (8th Cir. 1984).
• Discovery shall be reopened as to Tracy Gilmore, Pam Rogers,
Dekeisha Chambers, Crystal James, Sheila Devine, Keshia Smith, Derrick
Smith, Mamette Mormon, Cleo Scott, and Gwen McGoy. Scott's
nonappearance is understandable and excusable because he was in the
hospital.
-2-
All claims by the following Plaintiffs- Timothy Miller, Sheneairr Coger,
Tammy Ray, Eula Couch, Doris Calahan, Mark Devine, Mary Knotts, Carl
Burnett, Denetra Brown, Nicole Carroll, Dizzle Webb, Dana Wright, Andrea
Young, Derek Young, Blonz Armstrong, Tameka McGuire, Lue Ella Wilbon,
Berniece Parker, Annadell Halliburton, Evelyn Dixon, Erica Anthony, Viola
Miller, Carletha White, Summer White, Charity White, Cody Lovejoy, Tommy
Roberts, Stephanie Green, and Crystal Moncrief-are dismissed without
prejudice. FED. R. Crv. P. 41(b).
***
Four Plaintiffs move to dismiss their claims voluntarily, and their
motions, NQ 53 & 55, are granted. Defendants' motion to dismiss, NQ 52, is
granted in part and denied in part.
So Ordered.
D.P. Marshall Jr.//
United States District Judge
-3-
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?