Dardanelle, City of et al v. Department of Transportation et al

Filing 155

ORDER: The Court received the attached letter, along with two binders of record excerpts from Plaintiffs. Joint proposal due by 2/13/2018. The Court regrets that it is unable to hold a pre-hearing telephone conference. Signed by Judge D. P. Marshall Jr. on 2/9/2018. (jak)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
WESTERN DIVISION
CITY OF DARDANELLE AND YELL
COUNTY WILDLIFE FEDERATION, INC.

v.

PLAINTIFFS

No. 4:14-cv-98-DPM

DEPARTMENT OF TRANSPORTATION;
FEDERAL HIGHWAY ADMINISTRATION;
ARKANSAS STATE HIGHWAY &
TRANSPORTATION DEPARTMENT;
RIVER VALLEY REGIONAL INTERMODAL
AUTHORITY; AND DEPARTMENT
OF DEFENSE, United States Army
Corps of Engineers, Little Rock District

DEFENDANTS

ORDER
The Court received the attached letter, along with the two binders
of record excerpts, from Plaintiffs. The Court has no preference about
hearing architecture and welcomes counsels' suggestion. Please confer.
And please file a joint proposal by February 13th. The Court is in trial;

the schedule for next week is full. The Court regrets that it is therefore
unable to hold a pre-hearing telephone conference.
So Ordered.
D

.P.MarShalJ;

United States District Judge

WILLIAMS & ANDERSON PLC
TWENTY·SECOND FLOOR
l 11 CENTER STREET

LITTLE ROCK, AR KANSAS 7220 I
(5 0 1) 372-0800

RICHARD H. MAYS

TELECOPIER

[e-mail]

[phone]

DIRECT DIAL

[phone]

February 8, 2018

Hon. D. Price Marshall, Jr.
United States District Judge
600 West Capitol Avenue - Room B155
Little Rock, AR 72201 -3325
Re :

City of Dardanelle, Arkansas and Yell County Wildlife Federation, Inc.
Vs. Federal Highway Administration et al
U.S. District Court, Eastern District of Arkansas, No. 4:14-cv-98-DPM

Dear Judge Marshall:
As the Court is aware, this case is set for hearing on the pending summary judgments on
next Thursday, February 15, at 10:00 o' clock A.M.

In my argument, I expect to refer to a number of documents in the
Administrative Record. Due to the volume of the Administrative Records in this case, I
have extracted excerpts from the Administrative Records of the Federal Highway
Administration and the U.S. Army Corps of Engineers and placed them in separate
binders. Copies of those two binders accompany this letter, and copies are being
provided to opposing counsel. There are no documents included in the binders other
than those extracted from the Administrative Records.
There are a substantial number of issues that will be raised in the oral
arguments. I suggest that a logical approach to the presentation of these issues would
be to allow each party to address each issue before moving on to successive issues,
rather than for each party to address all of the issues at one time. If the Court would
like, I would be happy to prepare a proposed list of the issues and submit them to the
Court and opposing counsel, and we could generally follow that list during the hearing.
Of course, the Court may prefer a different approach. In any event, it would be
useful to me and probably the other parties to know prior to the hearing the procedure
that the Court would prefer to follow so that we can structure our arguments
accordingly. I request a short pre-hearing conference call so that we can discuss this
issue.

www.williamsanderson.com

WILLIAMS & ANDERSON PLC

February 8, 2018
Page 2

Thank you for your consideration of these matters.
Sincerely,
WILLIAMS & ANDERSON, PLC

Richard H. Mays

Enclosure:

2 binders