Sitzes et al v. West Memphis Arkansas, City of et al

Filing 35

LETTER ORDER, re 17 & 20 MOTIONS for Summary Judgment, directing Atty Charton & Atty Wren to advise, by 5:00 p.m. on 4/13/09, if they agree that the Arkansas "savings statute" will reserve & preserve all of Plaintiffs' state law claims for the time period prescribed in that statute. Signed by Judge William R. Wilson, Jr on 4/8/2009. (jct)

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS RICHARD SHEPPARD ARNOLD UNITED STATES COURTHOUSE 500 W. CAPITOL, ROOM D444 LITTLE ROCK, ARKANSAS 72201-3325 (501) 604-5140 Facsimile (501) 604-5149 April 8, 2009 Mr. Paul Gregory Charton Catlett & Stodola, PLC 323 Center Street Suite 1800 Little Rock, AR 72201-2607 Mr. Matthew Keith Wren Wren Law Firm 9421 West Markham Street Suite B Little Rock, AR 72205 Re: Sitzes et al. v. City of West Memphis, Arkansas, et al., 3:08-CV-00026-WRW Dear Mr. Charton and Mr. Wren: I am prepared to grant summary judgment with respect to the federal law claims. I am also inclined to decline pendent jurisdiction on the state law claims; but I want to be satisfied that the Arkansas "savings statute"1 will reserve and preserve all of Plaintiffs' state law claims for the time period prescribed in that statute. I think it does, but do you agree? Please advise me "yea" or "nay" by 5:00 p.m. on Monday, April 13, 2009. If you agree that the savings statute is applicable and preserves Plaintiffs' state law claims, I will enter orders referenced above. If you disagree, I will forthwith set up a telephone conference and ask you and opposing counsel to argue it out. Cordially, /s/ Wm. R.Wilson, Jr. Original to the Clerk of the Court cc: Other Counsel of Record 1 Ark. Code Ann. 16-56-126.

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