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

Filing 5369

ORDER mostly granting and partly denying 5355 Motion. Embedded 5360 Motion partly granting as modified and partly denying without prejudice. Eshe Mustafa and Takeena Wilbon added (tentatively) as representatives of the JNPSD students/parents sub- class. Request to consider supplemental authority, 5364 , granted. JNPSD has until 3/9/2018 to explore Mustafa's and Wilbon's adequacy as sub-class representatives. They may not testify at next week's trial and any motion to remove Mustafa or Wilbon is due by 3/9/2018. Signed by Judge D. P. Marshall Jr. on 2/2/2018. (jak)

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

LITTLE ROCK SCHOOL DISTRICT, et al.

v.

PLAINTIFFS

No. 4:82-cv-866-DPM

PULASKI COUNTY SPECIAL
SCHOOL DISTRICT, et al.

DEFENDANTS

LORENE JOSHUA, et al.

INTERVEN ORS
ORDER

JNPSD moves in limine on several issues. Joshua has responded
with argument and a motion.
1. The class exists. This is agreed. The class representative issue
is important, but not a solid reason to stop the trial or to tie class
counsel's hands at the trial. The parties should have ventilated the
representative issue sooner. And the Court should have caught it, even
though the parties didn't raise it.

All material things considered,

Joshua's motion to add parties is partly granted as modified and partly
denied without prejudice.

FED.

R. CIV. P. 21.

The Court adds Eshe Mustafa and Takeena Wilbon, parents of
children currently attending JNPSD schools, as representatives of a
new sub-class of intervenors, which includes the black children
attending JNPSD, their parents, and other adults in loco parentis. These

additions are tentative.

JNPSD has until 9 March 2018 to explore

Mustafa' s and Wilbon' s adequacy as sub-class representatives. They
may not testify at next week's trial. Any motion to remove Mustafa or
Wilbon due from JNPSD by March 9th.
The Jacksonville (Arkansas) Branch of the National Association
for the Advancement of Colored People is undoubtedly an
organization with members interested in the JNPSD slice of the case.
Whether this group should be added as an intervenor by permission
can be better decided later, though, on more focused briefing. Joshua's
motion to add the group now is denied without prejudice.
2. Joshua appears to agree that it cannot challenge PCSSD's prestipulation staffing decisions related to JNPSD.

See the details at

NQ 5355 at iii! 2-3. The Court will hear argument, of course, about how

everything fits together. And though the Court is uncertain about
whether judicial estoppel or law of the case applies in these
circumstances, JNPSD is right: Joshua's stipulation is binding, and the
upcoming trial is not about the Court-approved steps taken during the
detachment.
3. Joy Springer may testify about things she saw, heard, and
experienced. FED. R. EVID. 602. If she offers any opinion testimony, it
must satisfy all parts of Rule 701. As agreed, she is not an expert
witness.

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4. The Court has already ruled on the witness/ exhibit disclosure
issues.

* * *
Motion, NQ 5355, mostly granted and partly denied as specified.
Embedded motion, NQ 5360, partly granted as modified and partly
denied without prejudice. Eshe Mustafa and Takeena Wilbon added
(tentatively) as representatives of the JNPSD students/ parents subclass.

Whether the Jacksonville (Arkansas) Branch of the NAACP

needs to be added as a party will be decided later, if need be, on full
briefing about permissive intervention and associational standing.
Request to consider supplemental authority, NQ 5364, granted.
So Ordered.

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