Little Rock School et al v. Pulaski Cty School et al

Filing 4810

ORDER denying 4743 Motion to Dismiss. The LRSD should respond to the motion for release by 2/1/13. The 4767 Motion for Scheduling Order is granted. Joint report due by 2/22/13. Signed by Judge D. P. Marshall Jr. on 1/17/13. (kpr)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
WESTERN DIVISION

LITTLE ROCK SCHOOL DISTRICT,

et al.

PLAINTIFFS

v.

No. 4:82-cv-866-DPM

NORTH LITTLE ROCK SCHOOL
DISTRICT, et al.
LORENE JOSHUA, et al.

DEFENDANTS
INTERVENORS

ORDER

The State moves for release from all its obligations under the parties'
1989 Settlement Agreement. Document No. 4723. The Joshua Intervenors,
Pulaski County Special School District, North Little Rock School District, and
the Little Rock School District have each responded. Document Nos. 4748,
4737, 4736 & 4743. LRSD has done so by motion, urging the Court to deny
summarily the State's request for release. Joshua and NLRSD have voiced
support for LRSD' s arguments. PCSSD agrees that the State should not be
released, but, if the Court modifies any of the parties' obligations, urges
creative thinking by all parties about how best to achieve the salutary

purposes of the 1989 Settlement Agreement. The State has also moved,
Document No. 4767, for an order scheduling discovery, briefing, and an
evidentiary hearing on its motion for release.
LRSD' s motion to dismiss the State's request for relief outright is denied.
The public record of changed circumstances (in particular the unitary status
of LRSD and NLRSD, as well as the Lake View revolution in State funding of
education), coupled with the good-faith compliance indicated by the
hundreds of millions of dollars the State has channeled into desegregation
efforts at LRSD, PCSSD, and NLRSD during the last two decades, creates a
sufficient basis for an evidentiary hearing on the motion for release. Making
the same point from the other side are LRSD' s and Joshua's arguments and
evidence (in connection with the recent motion to enforce) about the lack of
State monitoring and the lack of State leadership on programs designed to
remedy the achievement gap between black students and non-black students.
A trial is needed to resolve whether the State should be released from the 1989
Settlement Agreement or whether changed circumstances warrant any
modification of this Court's Orders.

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The State's motion for a scheduling order is granted. The Court directs
all parties to confer and file a joint report proposing a timetable for discovery,
briefing, and the evidentiary hearing. If the parties differ on any point, the
joint report should reflect each party's position with a couple of explanatory
sentences.

* * *
Motion to dismiss, Document No. 4743, denied. LRSD should respond
to the motion for release by 1 February 2013. Motion for scheduling order,
Document No. 4767, granted. Joint report due by 22 February 2013.

So Ordered.
D.P. Marshall Jr.
United States District Judge
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