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

Filing 5507

ORDER partly granting and partly denying 5461 Motion for attorney's fees and expenses. JNPSD owes Intervenors' counsel $143,213.80. The Court directs the Clerk to add Linda Morgan to the docket as an intervenor plaintiff. Any objection to the facilities report due by 8/28/2019. Signed by Chief Judge D. P. Marshall Jr. on 7/26/2019. (jak)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
WESTERN DIVISION
LITTLE ROCK SCHOOL DISTRICT, et al.

PLAINTIFFS

No. 4:82-cv-866 -DPM
PULASKI COUNTY SPECIAL SCHOOL
DISTRICT, JACKSONVILLE/NORTH
PULASKI SCHOOL DISTRICT, et a!.
EMILY McCLENDON, TAMARA EACKLES,
VALERIE STALLINGS, and TIFFANY ELLIS

DEFENDANTS
INTERVENORS

ORDER

There are three pending issues about the

Jacksonville

North

Pulaski School District.
¯

Facilities Compliance

The Court appreciates

JNPSD's first compliance report, NQ 5500,

on implementation of its modified 2018 master facilities plan. Any

objection by Intervenors is due by 28 August 2019.
¯

Second Sub-Class Representative

JNPSD's objections to Linda Morgan's service as a second subclass representative on JNPSD issues are overruled. Morgan has been
involved at Dupree Elementary with her grandson. He lives with her.

Morgan's focus has been on classroom and discipline issues, which is
understandable. The Court believes that she, working with Tiffany

Ellis, can and will stand up for JNPSD's non-white students, parents,

and others acting as parents. Discipline and student achievement
remain under the Court's supervision. These are key issues. Morgan
can learn about the staffing-incentives, facilities, and monitoring
issues. She is an educated person with a willingness to serve. The

Court concludes that she is sufficiently engaged and experienced to

adequately represent the sub-class with Ellis at this point. FED. R. Civ.
P. 23(a)(4); Rattray v. Woodbury County, Iowa, 614 F.3d 831, 835 (8th
Cir. 2010). The Court therefore appoints Linda Morgan as the second

JNPSD sub-class representative.
¯

Attorney's Fees

All material things considered, Intervenors' motion for

attorney's fees and expenses is partly granted and partly denied.
42 U.S.C. § 1988(b); Hensley v. Eckerhart, 461 U.S. 424 (1983);
Association for Retarded Citizens of North Dakota v. Schafer, 83 F.3d 1008,
1010-12 (8th Cir. 1996);
19 (8th Cir. 1997).

Jenkins v. State of Missouri, 127 F.3d 709, 716-

The $4,313.80 sought for depositions, copies,

mileage, and monthly meeting expenses is not opposed. It's awarded
in full. Intervenors seek approximately $270,000 for the work of their

lawyers, paralegal, and monitors between June 2017 and October
2018. The Court concludes that $138,900 is a reasonable fee for all

necessary work during this period. Here is the Court's thinking.
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First, the Intervenors are prevailing parties in the case in general.

It's their place to monitor the remedy embodied in Plan 2000 and

defend it. The facilities and staffing issues tried in February 2018 were
new in the sense that JNPSD is new, but old in a deeper sense: they're

about what Plan 2000 requires, the obligations JNPSD inherited. So
the question is the reasonableness and necessity of the work done.
Second, success, and the lack of it, are important considerations.
Intervenors persuaded the Court that all the District's elementary

schools must be replaced sooner than JNPSD proposed and before any
expansions of the new high school and new middle school. This was

Intervenors' faliback position. They did not persuade the Court with
their main contention, which was that all the elementary schools had
to

be replaced immediately. The Court has commended

promises during
-

JNPSD's

closing argument that the District would
-

prioritize the new elementary schools over other projects, plus

accelerate planning and construction. The Court again commends the
District on these important commitments. But, they came only at the

end of the trial, after Intervenors' full court press and pointed
inquiries from the Court.

Intervenors did not succeed overall on the staffing issues.

JNPSD's good faith was

apparent.

There was only one slice where

more needs to be done; the record did not otherwise support the

Intervenors' position. And the Court agrees with JNPSD that several
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staffing-related issues could have been stipulated. The fee must be
reduced to reflect these circumstances.
Third, monitoring. It's needed, of course. But

JNPSD

is right

about excessive time in several areas. Seventy dollars per hour is a

generous rate. And remember that we're talking about a sixteen
month period. A reduction in overall hours is appropriate. An
-

example. The Donaldson Scholars program is a pillar of PCSSD's and

JNPSD's efforts to become unitary in student achievement.
NQ

5021.

NQ

5018 &

The various ways the program helps get students into

college, and prepares them to succeed there, are important. Helping
keep the students in college is another bridge, though of course a
related one. The Court rejects

JNPSD's

argument that

funding this

program ended all the Districts' obligations. Because it is all about
student achievement, some monitoring here is good. A reduction for
excessive time is necessary, though.

The record shows that the

monitors have been deeply engaged, actually helping administer all
parts of the

program. In their revised request, Intervenors helpfully

eliminated time already compensated by the program itself.

The

monitors' remaining efforts are commendable, but only partly

compensable.
Fourth, the class representative issues. These were needlessly

contentious.

Compare the PCSSD substitutions.

Intervenors should have addressed this issue sua
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As

JNPSD says,

sponte much sooner;

but JNPSD over-litigated the point. Intervenors are entitled to some,

but not all, of their related fees.
Fifth, the monthly meetings. To economize, only Mr. Walker

and Ms. Springer need to attend on behalf of

Joshua. Information

from and to other monitors should flow through her. The Court has
reduced the claimed time accordingly.
Last, hourly rates. The ones requested are too high for this work

in this market. And the Court has therefore reduced them.

Here are the specifics. The Court awards:

John Walker

-

160 hours x $350

=

$56,000

Austin Porter

-

60 hours x $300

=

$18,000

Robert Pressman

-

80 hours x $300

=

$24,000

Joy Springer

-

325 hours x $100

=

$32,500

Charles Bolden

-

70 hours x $70

=

$4,900

Marva Smith

-

50 hours x $70

=

$3,500

=

$138,900

Total
*

*

*

The motion for attorney's fees and expenses,

granted and partly denied.

NQ

5461, is partly

JNPSD owes Intervenors' counsel

$143,213.80. The Court directs the Clerk to add Linda Morgan to the
docket as an intervenor plaintiff. Any objection to the facilities report
due by August 28th.

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So Ordered.
D.P. Marshall
United States District Judge
-oIc

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