East Poinsett County School District v. Greene

Filing 16

ORDER directing the Clerk to update the docket to show the parties as realigned. Greene should be the Plaintiff and the District should be the defendant. Greene's 2/27/2017 third party complaint, 7 , was a timely appeal of the issues ventilated in the second due process proceeding. The Court therefore restores 7 to the docket with leave for Greene to file an amended complaint, as plaintiff, and limited to the issues and arguments presented in the record of the second due process proceedi ng. The District's 2 Complaint is dismissed without prejudice - especially to asserting any defense or counter-claim involving the parties' settlement agreement. Greene's amended complaint and the administrative record are both due by 5/8/2017. Signed by Judge D. P. Marshall Jr. on 4/18/2017. (jak)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
JONESBORO DIVISION
EAST POINSETT COUNTY
SCHOOL DISTRICT
v.

PLAINTIFF

3:16-cv-331-DPM

EMILY GREENE, Individually
and as Parent of J.

DEFENDANT
ORDER

The Court held a status conference in Jonesboro on 17 April 2017. For
the reasons stated on the record, after hearing from both sides, the Court
made these rulings:
1. The parties need to be realigned. Greene should be the plaintiff and

the District should be the defendant. The Court directs the Clerk to update
the docket.

2. Greene's 27 February 2017 third party complaint, NQ 7, was a timely
appeal of the issues ventilated in the second due process proceeding.
Greene's paper was filed within ninety days of the administrative decision,
which gives this Court jurisdiction. 20 U.S.C. § 1415(i)(2)(B). The substance
of the paper is more important than its title; and that substance makes plain
thatGreene was seeking judicial review of the hearing officer's 29 November

2016 decision. The Court therefore restores Ng 7 to the docket with leave for
Greene to file an amended complaint, as plaintiff, and limited to the issues
and arguments presented in the record of the second due process proceeding.
3.

The

District's

complaint,

Ng

2,

is

dismissed

without

prejudice - especially to asserting any defense or counter-claim involving the
parties' settlement agreement.
4. Greene's amended complaint and the administrative record are both
due by 8 May 2017.
So Ordered.

D.P. Marshall Jr.
United States District Judge