Davis v. Franks

Filing 136

ORDER granting 127 Motion to Withdraw Motion for Declaratory Judgment. Signed by Honorable Susan O. Hickey on May 29, 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

Before the Court is Hope School District’s (“Hope”) Motion for Dismissal Without
Prejudice. (ECF No. 127). No party has responded to the motion, and the time to do so has passed.
See Local Rule 7.2(b). The Court finds the matter ripe for consideration.
On September 7, 2017, Hope filed a motion for declaratory judgment. (ECF No. 99). On
September 28, 2017, the Arkansas Department of Education (“ADE”) filed a motion to intervene
in order to assert lack of a justiciable controversy and mootness in light of changes to Arkansas
law. On November 9, 2017, the Court allowed the ADE to intervene for the limited purpose of
opposing Hope’s motion for declaratory judgment. Hope’s motion for declaratory judgment (ECF
No. 99) remains pending at the time of this Order.
On May 14, 2018, Hope filed the instant motion. (ECF No. 127). Hope states that in light
of assurances from the ADE, it has agreed to dismiss without prejudice its first motion for
declaratory judgment. However, Hope asks that the Court retain jurisdiction over this case, subject
matter, and parties hereto. Hope advises the Court that it intends to file a second motion for
declaratory judgment, challenging other inter-district movement of students as being violative of
its desegregation obligations. 1

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The Court notes that Hope filed its second motion for declaratory judgment on May 14, 2018.

Upon consideration, the Court finds that good cause for the motion has been shown.
Accordingly, Hope’s Motion to Withdraw Motion for Declaratory Judgment (ECF No. 127) is
hereby GRANTED. Hope’s first Motion for Declaratory Judgment (ECF No. 99) is hereby
WITHDRAWN. The Court shall maintain jurisdiction over this case, its subject matter, and the
parties hereto, until it finds that Hope should be released from Court supervision.
IT IS SO ORDERED, this 29th day of May, 2018.
/s/ Susan O. Hickey
Susan O. Hickey
United States District Judge

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