District Court, motion; District Court, three orders; District Court, Pulaski County Special School District's (PCSSD's) reply to Arkansas Department of Education's (ADE's) response to Pulaski County Special School District's (PCSSD's) amended motion for attorneys' fees and costs as to state defendants; District Court, order; District Court, seven notices of deposition; District Court, notice to take deposition upon oral examination; District Court, memorandum of Joshua intervenors in support of their emergency motion concerning attorneys' fees; District Court, response to motion to quash deposition; Court of Appeals decision 96-2047; District Court, order; Court of Appeals, motion to supplement record; Court of Appeals, supplemental appendix of Mrs. Lorene Joshua et al.; District Court, motion for extension of time; District Court, notice of filing, Office of Desegregation Monitoring report, ''Report on the Arkansas Department of Education's (ADE's) Monitoring of the School Districts in Pulaski County''; District Court, order; District Court, joint motion for extension of time; District Court, three orders; District Court, notice of filing, Arkansas Department of Education (ADE) project management tool  This transcript was created using Optical Character Recognition (OCR) and may contain some errors.  IN THE UNITED STATES COURT EASTERN DISTRICT OF ARKANSAS WESTERN DMSION LITTLE ROCK SCHOOL DISTRICT vs. NO. LR-C-82-866 PULASKI COUNTY SPECIAL SCHOOL DISTRICT, ET AL. MRS. LORENE JOSHUA. ET AL. KATHERINE W. KNIGHT, ET AL. MOTION f;lED U.S. DISTRICT COURT ':A STF.RN DISTRl(:T ARKANSAS 1' 0-[~"-' :..',. /J" 1i 997 JAMES W. McCORMACK, CLERK 3v: __.. - }>L--A-l'ld'f'ffi'~  ..,n .. .u~~LERK DEFENDANTS INTERVENORS INTERVENORS The Joshua Intervenors respectfully move the Court for an order directing the Office of Desegregation Monitoring to provide for the record a listing of all monitoring reports which it has issued during the past fifteen months, or is in the process of issuing ( with the expected date of such report) involving the Pulaski County Special School District and the North Little Rock School District. This motion is made because: a) there have been no monitoring reports issued by ODM and received by the Joshua lntervenors involving these two school districts during the period that the Court has granted leave to the Little Rock School District to utilize the ODM in a nonmonitoring, advisory capacity; and, b) because it is necessary to have the benefit of such monitoring reports by the ODM in aid of Joshua's presentation regarding the anticipated evidentiary presentation of the PCSSD during the hearing before the court scheduled for March 23, 1998. The Joshua Intervenors observe that the Court of Appeals for the Eighth Circuit directed the creation of ODM and set forth the expectation that monitoring would be vigorous, continuous, purposeful and plan directed to enable contemplated implementation of the Settlement Agreement. The authority for this motion is the Eighth Circuit's several Opinions directing monitoring and - enforcement of the settlement plans. This motion is being made also because there is a general impression among some members of the Joshua class that the Court monitoring is not being directed toward protecting the interests of the class and is being directed toward promoting minimum compliance or developing excuse for noncompliance of, by and from the districts with the Court approved plans. There is no prejudice to any party by the requested relief Respectfully submitted, By: JOHN W. WALKER, P.A. 1723 Broadway Little Rock, Arkansas 72206 (501) 374-3758 /J:k?l k. ~ Jo ~er, Bar No. 64046 CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing pleading has been served upon all counsel of reco:g~ placing a copy of the same in the United States Mail with sufficient postage prepaid, on this - day of December, 1997. 9:ftl~~ John W. Walker IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS WESTERN DIVISION LITTLE ROCK SCHOOL DISTRICT, * Plaintiff, * vs. PULASKI COUNTY SPECIAL SCHOOL DISTRICT NO. 1, et al., Defendants, MRS. LORENE JOSHUA, et al., Intervenors, KATHERINE KNIGHT, et al. , Intervenors. * * * * * * * * * * * ORDER FILED U.S. DISTRICT COURT EASTERN DISTRICT AR'<ANSAS DEC O 5 1997 Before the Court is a motion filed by the Joshua Intervenors requesting that this Court direct the Office of Desegregation Monitoring (uODM") to provide for the record a listing of all - monitoring reports which it has issued during the past fifteen months or is in the process of issuing in regard to the Pulaski County Special School District and the North Little Rock School District. 1 Whenever ODM issues a monitoring report, it has been this Court's practice to make that report a part of the record in this case. However, this Court will grant the Joshua Intervenors ' current request. By copy of this Order, ODM is hereby directed to provide for the record a listing of all monitoring reports that it has issued during the past fifteen months or is in the process of issuing. 11\__ IT IS SO ORDERED THIS 5= day of December 1997. 1 Docke! No. 3081. rHIS DOCUME!NT ENTERED ON DOCK& SHEET IN OOUPUAHCE WITH AUL~ 71(8) FRCP ~ ,'UD'Y1 IY_~_ ct:: __ IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS WESTERN DIVISION UTILE ROCK SCHOOL DISTRICT, * Plaintiff, * FILED U.S DISTRICT COURT EASTERN DISTRICT AR'<ANSAS DEC O 5 1997 JA~ES W. iMcCO~ACK, CLERK vs. * * * * * * * * * * * By._ \ '~ I\ 7_, \I\, '" No. LR-C-82-866 oeP CLERX PULASKI COUNTY SPECIAL SCHOOL DISTRICT NO. 1, et al., Defendants, MRS. LORENE JOSHUA, et al., In tervenors, KATHERINE KNIGHT, et al., Intervenors. ORDER Before the Court is a motion filed by the Joshua Intervenors ("Joshua") requesting that this Court convene a hearing involving the Little Rock School District ("LRSD"), the Office of Desegregation Monitoring ("ODM"), and Joshua in order to review the circumstances said to exist at Southwest Junior High School. 1 Joshua requests that this Court, upon appropriate findings, determine that it is necessary to have the school placed in receivership or in the hands of a specially designated authority other than the present principal of the school. The time for filing a response to this motion has passed, and the LRSD has not filed a response. This motion was filed during the time in which the Court suspended monitoring of the LRSD in order to allow the LRSD to develop proposed modifications to the desegregation plan. By requesting that this Court place Southwest Junior High School in receivership, Joshua has requested a drastic, equitable remedy. Throughout the history of this case, this Court has never placed a school into receivership. After reviewing Joshua's motion and brief in support, 1 Docket No. 3038. 08 this Court concludes that the facts as presented by Joshua do not justify the appointment of a receiver to take over the operations of the school. Therefore, Joshua's motion is denied. ft IT IS SO ORDERED THIS --!:>- "-day of December 1997. rHtS OOCUM8'T ENTERED ON OOCt(&l SHEET IN OC'AIPU~ WITH RULE  AN00R 79(a) FRCP JN lHXi!J..7_ av _vr-___ _ 2 IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS WESTERN DIVISION LITTLE ROCK SCHOOL DISTRICT, * Plaintiff, * VS. PULASKI COUNTY SPECIAL SCHOOL DISTRICT NO. 1, et al., Defendants, MRS. LORENE JOSHUA, et al., Intervenors, KATHERINE KNIGHT, et al., Iritervenors. * * * * * * * * * * * ORDER No. LR-C-82-866 FILED U.S. DISTRICT COURT EASTERN DISTRICT ARl(ANSAS DEC O 5 1997 By previous Order and in response to a motion filed by the Joshua Intervenors, this Court directed the Office of Desegregation Monitoring ("ODM") to provide for the record a listing of all monitoring reports that it has issued during the past fifteen months or is in the process of issuing. Attached to this Order is a letter this Court received from ODM in response to the Court's request. The Clerk is directed to file this Order and the attached letter, thereby making the letter a part of the record in this case. _?\..__ IT IS SO ORDERED THIS ~ ') aay of December 1997. rntS DOCUMENT ENTERED ON DOCKET SHEET IN COAAf>UANCE WITH RULE 56 ANOIOR 79(a) FRCP ON /,_:]. ,/S/-91 BY _,lt ___ _ 084 Office of Desegregation Monitoring United States District Court  Eastern District of Arkansas - Ann S. Brown, Federal Monitor December 5, 1997 Judge Susan Webber Wright U. S District Court 600 West Capitol, Suite 302 Little Rock, AR 72201 Dear Judge Wright : 201 East Markham, Suite 51 0 Heritage West Building Little Rock, Arkansas 72201 (501) 376-6200 Fax (501) 371 -0100 I am happy to provide the requested list of the monitoring reports ODM has issued during the past 15 months, even though, as the Court has noted, those reports are already a matter of record. To the list of filed repons, I am pleased to add those which we are currently in the process of researching and writing, along with the approximate date of publication. The list attached by no means encompasses nor reflects the extensive activities and tremendous amount of work this office has done during the last 15 months. As you are aware, issuing monitoring reports is only one of the many ways in which ODM monitors and otherwise carries out the duties of this office. cki~ Ann S. Brown Enc. cc: All Counsel - ODM Monitoring Reports Issued Since July 1996 ~ Subject July 12, 1996 LRSD incentive schools July 31 , 1996 Elementary school facilities in the NLRSD December 18, 1996 Double funding of the LRSD incentive schools December 18, 1996 Enrollment and racial balance in the districts May 7, 1997 Budgets of the LRSD, NLRSD, and PCS SD June 4, 1997 LRSD incentive school extended year program Target Date December 1997 January 1998 January 1998 February 1998 February 1998 March 1998 March 1998 ODM Monitoring Reports In Progress SuQ.iect ADE's monitoring of the LRSD, NLRSD, and PCSSD Enrollment and racial balance in the districts Student achievement in the PCSSD Secondary school facilities in the PCSSD Secondary staffing in the PCSSD Student discipline in the PCSSD Student participation in extracurricular activities in the PCSSD IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS WESTERN DIVISION  LITTLE ROCK SCHOOL DISTRICT V. NO. LR-C-82-866 PULASKI COUNTY SPECIAL SCHOOL DISTRICT NO. 1, ET AL. MRS. LORENE JOSHUA, ET AL. KATHERINE KNIGHT, ET AL. RECEJlfED DEC S 1997 OFFICE OF DESEGREGATION MONITORING PLAINTIFF DEFENDANTS INTERVENORS INTERVENORS PCSSD'S REPLY TO ARKANSAS DEPARTMENT OF EDUCATION'S RESPONSE TO PCSSD'S "AMENDED MOTION FOR ATTORNEYS' FEES AND COSTS AS TO STATE DEFENDANTS The PCSSD for its reply to the ADE's response states: 1. First, the PCSSD agrees with the ADE conclusions set forth at paragraph 2 of its response dated December 2, 1997. Accordingly, in revised calculations which appear infra, the PCSSD has deducted 2.9 hours for Sam Jones and 1.5 hours for Angell Jones in respect of the petition for rehearing. 2. The PCSSD agrees in part with ADE' s contentions regarding time spent defending the appeal. In reviewing the time records submitted with the December 2, 1996 Affidavit, the PCSSD has identified the following time entries, all for Sam Jones, which relate to work on that appeal: .8 5/8/95 .8 6/21/95 .6 6/26/95 .5 8/4/95 .1 . 8/9/95 2.9 11/15/95 Reducing this total by 1/3 results in subtracting an additional 1.9 hours from Sam Jones. However, the PCSSD disagrees that any reduction should accompany the oral argument. The travel time to St. Louis and the argument itself were not affected by the fact that three issues as compared to two were involved in the appeal. 1 Accordingly, the PCSSD has not reduced the time spent travelling to and arguing before the Court of Appeals. 3. The PCSSD disagrees with the ADE's conclusions regarding the affidavit and supporting time records. Contrary to the State's assumption, most of the time was spent regarding the final review and editing of time records spanning three years. It is simply a fact that reviewing, separating and then reassembling time records limited to two or three subjects is a tedious and time consuming matter. Particularly since the PCSSD is submitting no time or claim for the most recent work done in preparing the amended petition, the Court should accept the summary set forth in paragraph 4 below. 4. Having made the additional deletions as described in paragraphs 1 and 2, the revised claim is as follows: Timekeeper M.S. Jones C.S. Hancock A. Jones _ B. Benjamin V. Bryant J.D. Thompson M.A. Gocke A. Haguewood L. Hudson D. Compton J.H. Sorn 1994 $13,824.00 $ $ 654.50 31. 50 $ 2,020.50 $ 65.00 $ 30.00 $ 32.50 $ 20.00 1995 $ 6,936.00 $ 132.00 $ 1,281.50 $ 735.00 $ 181.50 1996 $ 4,655.00 $ 4,263.00 $ 75.00 $ 104.50 $ 600.00 1The 2.9 hours reflected on November 15, 1995 was the entry for preparation for oral argument. Thus, the preparation time has already been reduced by one-third. SUBTOTAL $16,678.00 $ 9,266.00 $ 9,697.50 TOTAL FEES 1994-1996: $35,641.50 CONCLUSION For the reasons previously explained, and as supplemented herein, the PCSSD prays for a total fee award of $35,641.50 to which post-judgment interest at the current federal rate should attach. Respectfully submitted: WRIGHT, LINDSEY & JENNINGS 200 West Capitol Ave., Suite 2200 Little Rock, Arkansas 72201-3699 (501) 371-0808 By __ -,,,'--+-----'~.._ ____ _ M. Att 76060) for aski County District CERTIFICATE OF SERVICE On December 1 , 1997, a copy of the foregoing was served by U.S. mail on the following. Mr. John W. Walker John W. Walker, P.A. 1723 Broadway Little Rock, AR 72201 Mr. Christopher Heller Friday, Eldredge & Clark 400 W. Capitol, Suite 2200 Little Rock, Arkansas 72201 Ms. Ann Brown ODM Heritage West Bldg., Ste. 510 201 East Markham Street Little Rock, Arkansas 72201 Mr. Richard W. Roachell Roachell and Street 410 W. Capitol, Suite 504 Little Rock, Arkansas 72201 Mr. Timothy Gauger Assistant Attorney General 323 Center Street, Suite 200 Little Rock, Arkansas 72201 Mr. Stephen W. Jones 3400 TCBY Tower 425 West Capitol Avenue Little Rock, Arkansas 72201 FILED U.S. OIST"ICT COURT EASTERN DISTRICT A~'<ANSAS IN THE UNITED STA TES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS WESTERN DIVISION DEC O 8 1997 LITTLE ROCK SCHOOL DISTRICT, * :~ESJ . ~~A~ 2~K DEP CLERK-<... Plaintiff, * vs. PULASKI COUNTY SPECIAL SCHOOL DISTRICT NO. 1, et al., Defendants, MRS. LORENE JOSHUA, et al., Intervenors, KA THERINE KNIGHT, et al., Intervenors. * * * * * * * * * * * No. LR-C-82-866 RECEIVEP DEC 9 1897 OFFICE OF DESEGREGATION MONITORING ORDER By previous Order dated December 5, 1997, this Court denied a motion filed by the Joshua Intervenors ("Joshua") requesting that this Court convene a hearing to review the circumstances said to exist at Southwest Junior High School and determine that it is necessary to place the school in receivership. 1 In that Order, this Court inadvertently indicated that the Little Rock School District ("LRSD") had failed to respond to the motion. For the record, this Court wishes to clarify that the LRSD did file a response in opposition to the motion. 2 After reviewing that response, this Court reaffirms its initial decision to deny the Joshua Intervenors' motion. I(_, IT IS SO ORDERED THIS g day of December 1997. 1 Docket No. 3083. 2 Docket No. 3044 and Docket No. 3045. A 71I / ,f '!" ,y1 ;;1 Oi,. V l4h .lt';Jii: ONITEDST'A TES DISTRIC J OGE rHtS DOCUMENT ENTERED ON DOCKET s+-IEET IN COMPLIANCE "?'~::VLE 58 ANOt'OA 79(1) FACP ON lco/fa _y_ IY ...f..S ::-.._ __ ...., 085 IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS WESTERN DIVISION LITTLE ROCK SCHOOL DISTRICT v. LR-C-82-866 PULASKI COUNTY SPECIAL SCHOOL DISTRICT NO. 1, ET AL. MRS. LORENE JOSHUA, ET. AL. KATHERINE KNIGHT, ET AL. NOTICE OF DEPOSITION TO: Mr. Chris Heller Friday, Eldredge & Clark 2000 First Commercial Bank Building Little Rock, AR 72201 PLAINTIFF DEFENDANTS INT ERVEN ORS INTERVENORS 01r'.r" .\"\i'i": lu"'C, DESEGREGAilON ,iOi'!110R\NG PLEASE TAKE NOTICE that pursuant to the provisions to the Federal Rules of Civil Procedure, the Joshua Intervenors, by and through their attorneys, John W. Walker, P.A., will take the deposition of Dr. Leslie Carnine, at the place and time identified below, before a Certified Court Reporter or some other officer authorized by law to administer oaths. Said deposition will be used for discovery and/or evidentiary purposes, to full extent as may be allowed by the Federal Rules of Civil Procedure and the Federal Rules of Evidence. The deposition will take place on Tuesday, December 16, 1997 @ 1:00 p.m. at the law offices of JOHN W. WALKER, P.A., 1723 Broadway, Little Rock, Arkansas, 72206. ... . : CBRTIJICM'B QI SBRVICB I do hereby state that a copy of united States mail on this 10th day counsel of record. sent via IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS WESTERN DIVISION LITTLE ROCK SCHOOL DISTRICT PLAINTIFF v. LR-C-82-866 PULASKI COUNTY SPECIAL SCHOOL DISTRICT NO. 1, ET AL. MRS. LORENE JOSHUA, ET. AL. KATHERINE KNIGHT, ET AL. NOTICE OF DEPOSITION TO: Mr. Chris Heller Friday, Eldredge & Clark 2000 First Commercial Bank Building Little Rock, AR 72201 DEFENDANTS INTERVENORS INTERVENORS PLEASE TAKE NOTICE that pursuant to the provisions to the - Federal Rules of Civil Procedure, the Joshua Intervenors, by and through their attorneys, John W. Walker, P.A., will take the deposition of Dr. Don Roberts, at the place and time identified below, before a Certified Court Reporter or some other officer authorized by law to administer oaths. Said deposition will be used for discovery and/or evidentiary purposes, to full extent as may be allowed by the Federal Rules of Civil Procedure and the Federal Rules of Evidence. The deposition will take place on Tuesday, December 16, 1997 @ 2:30 p.rn. at the law offices of JOHN w. WALKER, P.A., 1723 Broadway, Little Rock, Arkansas, 72206. CBRTifICATB or SBRVICB I do hereby state that a copy of United States mail on this 10th day counsel of record. via IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS WESTERN DIVISION LITTLE ROCK SCHOOL DISTRICT v. LR-C-82-866 PULASKI COUNTY SPECIAL SCHOOL DISTRICT NO. 1, ET AL. MRS. LORENE JOSHUA, ET. AL. KATHERINE KNIGHT, ET AL. TO: NOTICE OF DEPOSITION Mr. Chris Heller Friday, Eldredge & Clark 2000 First Commercial Bank Building Little Rock, AR 72201 PLAINTIFF DEFENDANTS INTERVENORS INTERVENORS PLEASE TAKE NOTICE that pursuant to the provisions to the Federal Rules of Civil Procedure, the Joshua Intervenors, by and through their attorneys, John w. Walker, P.A., will take the deposition of Margaret Gremillion, at the place and time identitied below, before a Certified Court Reporter or some other officer authorized by law to administer oaths. Said deposition will be used for discovery and/or evidentiary purposes, to full extent as may be allowed by the Federal Rules of Civil Procedure and the Federal Rules of Evidence. The deposition will take place on Wednesday, December 17, 1997@ 9:00 a.m. at the law offices of JOHN w. WALKER, P.A., 1723 Broadway, Little Rock, Arkansas, 72206. .. :- .;.... . .:.-':.-... ... .. ~ . ~  .  ~ ... ::. . ---.. . . f . v' ,' .. .  + CBRTilICATB or SBRVICB I do hereby state that a copy of the foregoing was sent via 4t United States mail on this 10th day De~ember, 1 97 to all counsel of record. IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS WESTERN DIVISION LITTLE ROCK SCHOOL DISTRICT v. LR-C-82-866 PULASKI COUNTY SPECIAL SCHOOL DISTRICT NO. 1, ET AL. MRS. LORENE JOSHUA, ET. AL. KATHERINE KNIGHT, ET AL. TO: NOTICE OF DEPOSITION Mr. Chris Heller Friday, Eldredge & Clark 2000 First Commercial Bank Building Little Rock, AR 72201 PLAINTIFF DEFENDANTS INTERVENORS INTERVENORS PLEASE TAKE NOTICE that pursuant to the provisions to the Federal Rules of Civil Procedure, the Joshua Intervenors, by and through their attorneys, John w. Walker, P.A., will take the deposition of Brady Gadberry, at the place and time identified below, before a Certified Court Reporter or some other officer authorized by law to administer oaths. Said deposition will be used for discovery and/or evidentiary purposes, to full extent as may be allowed by the Federal Rules of Civil Procedure and the Federal Rules of Evidence. The deposition will take place on Tuesday, December 17, 1997 @ 10:00 a.rn. at the law offices of JOHN w. WALKER, P.A., 1723 Broadway, Little Rock, Arkansas, 72206. cuiri;xcli'1i' :or' sERVIcB . . I do hereby state tha~ a'" c~py of United states mail on this  10th .day of counsel of record.  via IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS WESTERN DIVISION LITTLE ROCK SCHOOL DISTRICT v. LR-C-82-866 PULASKI COUNTY SPECIAL SCHOOL DISTRICT NO. 1, ET AL. MRS. LORENE JOSHUA, ET. AL. KATHERINE KNIGHT, ET AL. NOTICE OF DEPOSITION TO: Mr. Chris Heller Friday, Eldredge & Clark 2000 First Commercial Bank Building Little Rock, AR 72201 PLAINTIFF DEFENDANTS INTERVENORS INTERVENORS PLEASE TAKE NOTICE that pursuant to the provisions to the Federal Rules of Civil Procedure, the Joshua Intervenors, by and through their attorneys, John W. Walker, P.A., will take the deposition of Sadie Mitchell, at the place and time identified below, before a Certified Court Reporter or some other officer authorized by law to administer oaths. Said deposition will be used for discovery and/or evidentiary purposes, to full extent as may be allowed by the Federal Rules of Civil Procedure and the Federal Rules of Evidence. The deposition will take place on Tuesday, December 17, 1997 @ 11:00 a.m. at the law offices of JOHN w. WALKER, P.A., 1723 Broadway, Little Rock, Arkansas, 72206. '  A ... , -~.  CBRTIFICATB or SBRVICB I do hereby state that a copy of  the _foregoing was sent via United States mail on this 10th day 6 ecem r , . 997 counsel of record.   IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS WESTERN DIVISION LITTLE ROCK SCHOOL DISTRICT v. LR-C-82-866 PULASKI COUNTY SPECIAL SCHOOL DISTRICT NO. 1, ET AL. MRS. LORENE JOSHUA, ET. AL. KATHERINE KNIGHT, ET AL. TO: NOTICE OF DEPOSITION Mr. Chris Heller Friday, Eldredge & Clark 2000 First Commercial Bank Building Little Rock, AR 72201 PLAINTIFF DEFENDANTS INTERVENORS INTERVENORS PLEASE TAKE NOTICE that pursuant to the provisions to the Federal Rules of Civil Procedure, the Joshua Intervenors, by and through their attorneys, John W. Walker, P.A., will take the deposition of Nancy Acre, at the place and time identified below, before a Certified Court Reporter or some other officer authorized by law to administer oaths. Said deposition will be used for discovery and/or evidentiary purposes, to full extent as may be allowed by the Federal Rules of Civil Procedure and the Federal Rules of Evidence. The deposition will take place on Wednesday, December 17, 1997@ 1:30 p . m. at the law offices of JOHN W. WALKER, P.A., 1723 Broadway, Little Rock, Arkansas, 72206.  .. ~. , ~::,,:l~J:C,..~V~ ~' ~ :'--~~~~t,'.::~}= ;n. ~ . ~ ~,~:\.'-:I't.~~ . . ~: :- -~- .. . . . . ~' ,~ ~ -!'~\.. ,.-.;.,;.t.1:  :,~~ . ..,.. '\',~ ',,- ...  .  QBR'l'IJIQATI QP SBRVICB I do hereby state that a copy of United States_ mail oh this 10th day f counsel .. of record.   via IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS WESTERN DIVISION LITTLE ROCK SCHOOL DISTRICT v. LR-C-82-866 PULASKI COUNTY SPECIAL SCHOOL DISTRICT NO. 1, ET AL. MRS. LORENE JOSHUA, ET. AL. KATHERINE KNIGHT, ET AL. NOTICE OF DEPOSITION TO: Mr. Chris Heller Friday, Eldredge & Clark 2000 First Commercial Bank Building Little Rock, AR 72201 PLAINTIFF DEFENDANTS INTERVENORS INTERVENORS PLEASE TAKE NOTICE that pursuant to the provisions to the - Federal Rules of Civil Procedure, the Joshua Intervenors, by and through their attorneys, John W. Walker, P.A., will take the deposition of Dr. Richard Hurley, at the place and time identified below, before a Certified court Reporter or some other officer authorized by law to administer oaths. Said deposition will be used for discovery and/or evidentiary purposes, to full extent as may be allowed by the Federal Rules of civil Procedure and the Federal Rules of Evidence. The deposition will take place on Tuesday, December 17, 1997 @ 2:30 p.m. at the law offices of JOHN w. WALKER, P.A., 1723 Broadway, Little Rock, Arkansas, 72206. ... .. . ..,;,  .   .,.  .. \   .,. t.,,  ~  .  "" : .,-,\~. :..:.. ;1' .'i. . CBRTilICA'l'B or 'SBRVICI  ..?~t't~ {~~ ~,~I~i>.4  I do hereby state that a copy of th~ foregoing was sent via United States mail on this 10th day  counsel of record. IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS WESTERN DIVISION LITTLE ROCK SCHOOL DISTRICT v. LR-C-82-866 PULASKI COUNTY SPECIAL SCHOOL DISTRICT NO. 1, ET AL MRS. LORENE JOSHUA, ET AL KATHERINE KNIGHT, ET AL PLAINTIFF DEFENDANTS INTERVENORS INT ERVEN ORS NOTICE TO TAKE DEPOSITION UPON ORAL EXAMINATION F'l-~~~'!},ED . - q \~. L . TO: John W. Walker JOHN W. WALKER, P.A. 1723 Broadway Little Rock, AR 72206 l<l- 1 5 1997 Orr/CE OF DESEGREGATION MONITORING This will notify you that on December 16, 1997, commencing at 9:30 a.m., at the office of FRIDAY, ELDREDGE & CLARK, 2000 First Commercial Building, 400 W. Capitol, Little Rock, Arkansas, the plaintiff in this case will take the deposition upon oral examination of Bonnie Brown or current Joshua class representative for the Little Rock School District before a duly qualified Court Reporter. Ms. Brown or current Joshua class representativ~ for the Little Rock School District is requested to bring to the deposition documents in- her possession pertaining to the position of the Joshua Intervenors with respect to LRSD's Revised Desegregation and Education Plan. The deposition upon oral examination will be taken pursuant to and in accordance with Rules 26 and 30 of the Federal Rules of civil Procedure. You are invited to attend and cross- - examine. Respectfully submitted, LITTLE ROCK SCHOOL DISTRICT FRIDAY, ELDREDGE & CLARK 2000 First Commercial Bldg. 400 West Capitol street Little Rock, AR 72201 (501) 376-2011 By:-=:~ ChristopherHell Bar No. 81083 CERTIFICATE OF SERVICE I certify that a copy of the foregoing Notice To Take Deposition has been served on the following by depositing copy of same in the United States mail on this 10th day of December, 1997. Mr. John Walker JOHN WALKER, P.A. 1723 Broadway Little Rock, AR 72206 Mr. Sam Jones WRIGHT, LINDSEY & JENNINGS 2200 Worthen Bank Bldg. 200 West Capitol Little Rock, AR 72201 Mr. Steve Jones JACK, LYON & JONES, P.A. 3400 TCBY Tower 425 Capitol Avenue Little Rock, AR 72201 Mr. Richard Roachell Roachell Law Firm 401 West Capitol, Suite 504 Little Rock, AR 72201 - 2 Ms. Ann Brown - HAND DELIVERED Desegregation Monitor Heritage West Bldg., suite 510 201 East Markham Street Little Rock, AR 72201 Mr. Timothy G. Gauger Office of the Attorney General 323 Center Street 200 Tower Building Little Rock, AR 72201 --- 3 FILED U S DISTRICT COURT IN THE UNITED STATES DISTRICT COU~sTE.RN DISTRICT ARKANSAS EASTERN DISTRICT OF ARKANSAS WESTERN DIVISION DEC 1 2 1997 LITTLE ROCK SCHOOL DISTRICT vs. PULASKI COUNTY SPECIAL SCHOOL DISTRICT NO. 1, ET AL. MRS. LORENE JOSHUA, ET AL. KATHERINE KNIGHT, ET AL. NO. LR-C-82-866 RECEIVED DEC l 5 1997 OFFICE OF DESEGREGATION MONITORING JAMES w. rpr9QfM1''r}.-f LrnK DEFENDANTS INTERVENORS INTERVENOR Memorandum of the Joshua Intervenors in Support of Their Emergency Motion Concerning Attorneys' Fees This memorandum supports the emergency motion of the Joshua Intervenors concerning the payment of attorneys' fees to the these intervenors by the LRSD. It is designed to supplement that motion. The motion draws upon the authority of the court to interpret the agreement of the parties, to modify the agreement of the parties in appropriate circumstances, and to provide for interim awards of attorneys' fees. The intervenors assume, for the purposes of the motion, the existence of the limitation on the intervenors' ablity to secure fee awards against the LRSD, found to exist by this court in September 1996. The motion seeks the recognition of an entitlement to fees on two grounds. First. Intervenors contend that their work regarding the LRSD's motion for the approval of a Revised Plan, which includes a request to relace and extinguish the current LRSD and Interdistrict Plans, is outside the terms of the agreement urged by the LRSD and found by the court. See 1 Motion, para. 9. Second. Intervenors contend in effect that the court has the same ability to consider modifications of the fee agreement as it has, on motion of the LRSD, to consider modifications of the substantive terms of the current, multiple plans. In Appeal of LRSD, 949 F.2d 253, 258 (1991), the Court of Appeals for the Eighth Circuit, set forth the standard applicable to requested modifications of a consent decree as follows: We find the Sixth Circuit case of Heath v. Decourcy. 888 F.2d 1105 (6th Cir. 1989), instructive on this issue: To modify [a) consent decree[], the court need only identify a defect or deficiency in it original decree which impedes achieving the goal, either because experience has proven it less effective [or) disadvantageous, or because circumstsnaces and conditions have changed which warrant fine-tuning the decree. A modification will be upheld if it furthers the original purpose of the decree in a more efficient way, without upsetting the basic agreement between the parties. Id. at 1110. Later, in LRSD v. PCSSD, 56 F.3d 904, 914 (8th Cir. 1995), the court wrote as follows: A party seeking modification of a consent decree 'must establish that a significant change in facts or law warrants revision of the decree.' Rufo v. Inmates of Suffolk County Jail, 502 U.S. 367, 393 (1992). If the moving party meets this burden, the District Court must then determine 'whether the proposed modification is suitably tailored to the changed circumstances.' Id. at 391. The modification 'must not create or perpetuate a constitutional violation,' nor strive to rewrite a consent decree so that it conforms to the constitutional floor.' Ibid. In its memorandum in support of the Revised Plan, the LRSD quotes from the decision in Jacksonville Branch NAACP v. Duval County School Board, 978 F.2d 1574, 1582 (11th Cir. 1992) as follows: "Modification [of a consent decree) may be considered 2 when. (3) continuance is no longer warranted, or (4) a continuation would be inequitable and each side has a legitimate interest to be considered." The modification sought is consistent with these formulations of the relevant standard. As set forth in the motion, the representatives of the Joshua Intervenors have had to engage in an extraordinary amount of work over a seven year period, much of it due to poor compliance by the LRSD. Motion, para. 7, 10. The LRSD motion envisions that the Revised Plan would be in effect for at least three years beginning eight months hence, i.e., with the start of the 1998-99 school year. LRSD Revised Plan at 16. It is obvious that much additional work by intervenors' representatives will be necessary, not only in connection with the consideration of the Revised Plan, but also in connection with its implementation if it is adopted (or with the current plans if it is not). There is another important consideration. The portion of the Settlement Agreement concerning attorneys' fees contains the following provision: "The parties are also satisfied, upon a review of their own time records and costs in this litigation over the last five years, that the payment [the settlement amount] is fair and reasonable and consistent with the payments made over that period of time to counsel for the other parties" [Part v., explanation and emphasis added]. When it reviewed and approved the settlement, the Court of Appeals held the figure to be reasonable in terms of the past work performed in a 34 year 3 period. LRSD v. PCSSD, 921 F.2d 1371, 1392 (8th Cir. 1990). Intervenors' noted in their fee petition of November 21, 1995, that counsel for the LRSD had been paid for 7,261.55 additional hours on this case through August 1995 and counsel for the NLRSD 3302 hours through April 1995. In addition, counsel for the PCSSD had been paid for hours throughout the postjudgment period, but the number was unknown. Affidavit of J. W. Walker at 10-11. In brief, the extraordinary number of hours required and the LRSD poor record of compliance contributing to that fact, the continuing need for work in the LRSD, and the additional, and continuing, payments to all counsel for the other parties are reasonably interpreted as a changed circum