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

Filing 5803

ORDER: The Court has received the attached letter from PCSSD's lawyers. Respectful nudge, and timeline reminder, much appreciated. The Court will do its best to rule on the current facilities issues by mid-November. Signed by Chief Judge D. P. Marshall Jr. on 10/20/2022. (jak)

Case 4:82-cv-00866-DPM Document 5803 Filed 10/20/22 Page 1 of 3

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

LITTLE ROCK SCHOOL DISTRICT, et al.

PLAINTIFFS

No. 4:82-cv-866-DPM
PULASKI COUNTY SPECIAL SCHOOL
DISTRICT, JACKSONVILLF/NORTH
PULASKI SCHOOL DISTRICT, et al.

DEFENDANTS

EMILY McCLENDON, TAMARA EACKLES,
VALERIE STALLINGS, TIFFANY ELLIS,
and LINDA MORGAN

INTERVENORS

ORDER

The Court has received the attached letter from PCSSD' s
lawyers. Respectful nudge, and timeline reminder, much appreciated.
The Court will do its best to rule on the current facilities issues by
mid-November. The Court encourages counsel to communicate with
the Court through filings on the docket.

That step will keep our

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

Case 4:82-cv-00866-DPM Document 5803 Filed 10/20/22 Page 2 of 3

MITCHELL

WILLIAMS
425 West Capitol Avenue, Suite 1800
Little Rock, Arkansas 72201-3525
Telephone: [phone]
Fax: [phone]

Devin R. Bates
Direct Dial : 501-688-8864
Fax: [phone]
E-mail: [e-mail]

October 19, 2020

Via E-Mail to [e-mail]

The Honorable D.P. Marshall, Jr.
United States District Court
Eastern District of Arkansas
600 West Capitol, Room B155
Little Rock, AR 72201
Re:

Little Rock School District, et al. v. Pulaski County Special School District, et al.
U.S. District Court, Eastern District ofArkansas, Case No. 4:82-CV-866-DPM

Chief Judge Marshall:
On behalf of the Pulaski County Special School District (PCSSD) I am writing to inform
the Court about a logistical issue that is approaching. I write this letter with some reluctance,
being fully aware that Your Honor manages a busy civil docket, and a criminal docket that is
prioritized, as it should be. Also, as the Chief Judge, of course, Your Honor also has many
administrative duties. Please do not receive this letter as impatience on behalf of PCSSD, as we
have held off in submitting this for as long as practicable. However, for the reasons explained
below, I believe there is good reason for submitting this letter.
The Court ordered PCSSD to "refine its proposal into a firm plan." Doc. 5776, p. 3. In
response to that order, PCSSD has now submitted a Facilities Plan and Update (the "Plan"). Doc.
5798. In the Plan, PCSSD set out a comprehensive timeline, including its intention to stay in the
design phase until January 13, 2023, at which point final blueprints will be complete. Doc. 5798,
pp. 1-2. Following that date, between January 20, 2023 and February 20, 2023, PCSSD
announced its intent to seek review and approval from the controlling state agency. Id. This
proposed timeframe culminates with an anticipated final completion date of August 19, 2024,
meaning that the new Mills Facility would be ready for use just in time for the 2024-2025 school
year. Id.
To move forward with this process on January 20, 2023, the architects must be fully
complete with their work. For that to be accomplished, PCSSD must seek several levels of
preliminary approval to ensure compliance with fire codes, building codes, and other state
requirements. Additionally, and not to be overlooked, PCSSD cannot complete final blueprints
and move forward until the Court approves the Plan. This is assuming that the Court does
approve the Plan, of course, and we are not so presumptuous as to make such an assumption.

MITCHELL, WILLIAMS, SELIG, GATES & WOODYARD, P .L.L.C.
MITCHELLWILLIAMSLAW.COM

I ATTORNEYS AT LAW

Case 4:82-cv-00866-DPM Document 5803 Filed 10/20/22 Page 3 of 3

Letter to Court re Timeline of Facilities
October 19, 2022
Page2

PCSSD recognizes that the Court has authority over the Plan and can rule however the Court
deems appropriate.
All that to say, PCSSD must take steps soon if it is to stay on the proposed timeline
outlined above. PCSSD estimates that if the Court were to approval PCSSD's Plan by November
15, 2022, PCSSD should be able to stay on track with the timeline proposed. In full transparency,
if the Court were to approve the Plan after November 15, 2022, it may still be possible for
PCSSD to stay on track with the timeframe, however I am told that such an outcome decreases in
probability as time goes on.
Being mindful of the observations stated in the first paragraph of this letter, and being
respectful of the demands on the Court's time, I am merely seeking to update the Court on the
time-sensitive nature of this situation. Given that the timeline of completion may potentially be
altered, and given that this may possibly affect the anticipated final opening date of the school
facility, I felt it prudent to write this letter.
Thank you for the Court's consideration and time.
Respectfully submitted,
MITCHELL, WILLIAMS, SELIG,
GATES & WOODYARD, P.L.L.C.

~7<ffDevin R. Bates

cc:
Austin Porter: [e-mail]
Bob Pressman: [e-mail]
Bob Pressman (alt): [e-mail]
Joyce Raynor: [e-mail]
Shawn Childs: [e-mail]
Tony Walker: [e-mail]
Joy Springer: [e-mail]
Jay Bequette: [e-mail]
Cody Kees: [e-mail]
Scott Richardson: [e-mail]