Davis v. Franks

Filing 170

ORDER directing parties to notify the Court by September 11, 2018 if Evidentiary Hearing re Motion for Declaratory Judgment is desired. Signed by Honorable Susan O. Hickey on September 4, 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

ARKANSAS DEPARTMENT OF EDUCATION and
ARKANSAS STATE BOARD OF EDUCATION

INTERVENORS

ORDER
On May 14, 2018, Hope filed a Motion for Declaratory Judgment, or Alternatively, for
Clarification of Previous Orders, or Alternatively, for Modification of Previous Orders (hereinafter
“Motion for Declaratory Judgment”). (ECF No. 129). On May 18, 2018, Plaintiffs responded to
the Motion for Declaratory Judgment, indicating their support. (ECF No. 132). On July 16, 2018,
Intervenors Arkansas Department of Education and Arkansas State Board of Education filed a
response in opposition to Hope’s Motion for Declaratory Judgment. (ECF No. 149). On July 26,
2018, Hope filed a reply in further support of its Motion for Declaratory Judgment. (ECF No.
157).

Accordingly, the Motion for Declaratory Judgment is fully briefed and is ripe for

consideration.
On August 1, 2018, the Court held an evidentiary hearing on Hope’s separate motion for
preliminary injunctive relief. At the hearing, the parties offered evidence and witness testimony,
much of which is also relevant and applicable to Hope’s Motion for Declaratory Judgment. For
this reason, the Court is of the mind that it is unnecessary to schedule an evidentiary hearing related
to the Motion for Declaratory Judgment. However, if any party desires that the Court schedule an

evidentiary hearing, they must request a hearing by no later than September 11, 2018. In the
absence of any such request, the Court will not set an evidentiary hearing on Hope’s Motion for
Declaratory Judgment and will instead decide the motion based on the briefing and evidence
currently before the Court.
IT IS SO ORDERED, this 4th day of September, 2018.
/s/ Susan O. Hickey
Susan O. Hickey
United States District Judge

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