Davis v. Franks

Filing 135

ORDER Directing Service of Notice re Constitutional Challenge. Signed by Honorable Susan O. Hickey on May 23, 2018. (mll)

IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
TEXARKANA DIVISION
ROSIE L. DAVIS, et al.

v.

PLAINTIFFS

Case No. 4:88-cv-4082

WILLIAM DALE FRANKS, et al.

DEFENDANTS
ORDER

On May 14, 2018, Hope School District (“Hope”) filed a Motion for Declaratory Judgment.
(ECF No. 129). The motion, in part, asks the Court to declare that the Arkansas Public School
Choice Act of 2015, as amended by Act 1066 of the Regular Session of 2017, violates the United
States Constitution. On May 23, 2018, the Court entered an order certifying Hope’s constitutional
challenge pursuant to Federal Rule of Civil Procedure 5.1(b) and 28 U.S.C. § 2403. (ECF No.
134).
The Court has been notified in a recent filing (ECF No. 131) that, as of May 18, 2018,
Hope had not served notice of its constitutional challenge on the Arkansas Attorney General
pursuant to Rule 5.1(a)(2). Accordingly, if Hope has not already done so, the Court hereby
DIRECTS Hope to serve on the Arkansas Attorney General “notice of the constitutional question
stating the question and identifying the paper that raises it.” Fed. R. Civ. P. 5.1(a)(1). This service
must be via certified or registered mail, or sent to an electronic address designated by the Arkansas
Attorney General for this purpose. See Fed. R. Civ. P. 5.1(a)(2). The Court directs Hope to serve
notice on the Arkansas Attorney General within ten (10) days of the date of entry of this Order.
IT IS SO ORDERED, this 23rd day of May, 2018.
/s/ Susan O. Hickey
Susan O. Hickey
United States District Judge