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

Filing 4839

ORDER re 4826 Notice (Other) filed by Pulaski County Special School District, 4821 Response (Non Motion) filed by Arkansas Department of Education, Arkansas, State of, 4810 Order on Motion to Dismiss, Order on Motion for Order regarding timetables for handling PCSSD unitary-status issues and the motion for release. Signed by Judge D. P. Marshall Jr. on 4/5/13. (kpr)

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

LITTLE ROCK SCHOOL DISTRICT,
etal.

v.

PLAINTIFFS

No. 4:82-cv-866-DPM

NORTH LITTLE ROCK SCHOOL
DISTRICT, et al.

DEFENDANTS
INTERVENORS

LORENE JOSHUA, et al.

ORDER
The Court appreciates the parties' proposed timetables for handling
some PCSSD unitary-status issues and the motion for release. The Court
adopts them in large measure, with adjustments so that work on one doesn't
interfere with work on the other and to accommodate the Court's other
obligations. The Court notes Joshua's suggestion that the release issues
should be resolved first. The Court concludes, however, that addressing the
PCSSD issues first, on a slightly different schedule than planned, is
manageable. Here is the schedule on both matters.

1. PCSSD Unitary-Status Issues

• Discovery . . . . . . . . . . . . . . . . . . 1 May 2013 to 31 July 2013
• Motion for Partial Release ................. 12 July 2013
• Response to Motion for Partial Release . . . . . . 26 July 2013
• Pretrial Conference ........... 6 August 2013 (1:30 p.m.)
• Special Education
- PCSSD Exhibit and Witness Lists . . . . . . . 6 August 2013
-Joshua Exhibit and Witness Lists . . . . . . . 12 August 2013
-Hearing ......................... 20-22 August 2013
• One-Race Class Reports
- PCSSD Exhibit and Witness Lists . . . . . . 19 August 2013
-Joshua Exhibit and Witness Lists . . . . . . . 26 August 2013
- Hearing . . . . . . . . . . . . . . . . . . . . . . . . 3-5 September 2013
• Staffing and Personnel
- PCSSD Exhibit and Witness Lists

3 September 2013

-Joshua Exhibit and Witness Lists ..... 9 September 2013
- Hearing . . . . . . . . . . . . . . . . . . . . . . 17-19 September 2013
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• Secondary Gifted and Talented, Pre-AP and AP Honors
Issues
- PCSSD Exhibit and Witness Lists

16 September 2013

-Joshua Exhibit and Witness Lists .... 23 September 2013
- Hearing ........................... 1-3 October 2013
• Trial Briefs and Proposed Findings
and Conclusions ...................... 18 October 2013

The Court encourages live testimony. If that is impracticable, and if
using depositions cannot be avoided, then counsel must meet, confer, and
make best efforts to resolve any disputes about the particulars before we get
to the hearings. If disagreements remain, the Court will resolve them. The
parties should file a joint report about any such disputes, see infra note * for
details. Any joint report should be filed as far in advance of the relevant
hearing as possible. Trial briefs and proposed findings and conclusions
should be as spare and pointed as possible.

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2. Release Issues

• Discovery ............... 1 May 2013 to 31 August 2013
• State Discloses Experts .................... 31 May 2013
• All Other Parties Disclose Experts .......... 14 June 2013
• Deposition Designations Exchanged* ..... 1 October 2013
• Motions in Limine ..................... 25 October 2013
• Trial Briefs ......................... 1 November 2013
• Pre-Trial Disclosure Sheets ........... 1 November 2013
• Joint Report on Any Disputed
Deposition Designations ............. 1 November 2013

·The Court strongly encourages the parties to use live testimony,
rather than testimony by deposition, at trial. If the parties nonetheless
need to use deposition testimony, then they must follow the following
procedure. Thirty days before Local Rule 26.2 pre-trial disclosure
sheets are due, the parties should exchange deposition designations.
As soon as practicable thereafter, counsel must meet and confer in
person. They should try hard to agree on what deposition testimony
will be presented at trial and resolve any objections. If any dispute or
objection remains unresolved, then the parties should file a joint
report explaining the dispute on the same date pre-trial disclosure
sheets are due. The parties must certify that they met and conferred
in person but failed to resolve the disputed issue. The parties should
also deliver to chambers a paper copy of the entire transcript of any
deposition involved in any dispute.

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--------- -·-----------

• Responses to Motions in Limine . . . . . . . 6 November 2013
• Responding Trial Briefs . . . . . . . . . . . . . 13 November 2013
• Pretrial Conference ........ 22 November 2013 (9:30 a.m.)
• Trial ............... 9 December 2013-20 December 2013
So Ordered.

D.P. Marshall Jr.
United States District Judge

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