District Court, order; District Court, joint motion of Little Rock School District (LRSD) and Joshua for approval of Little Rock School District's (LRSD's) revised desegregation and education plan; District Court, memorandum brief in support of joint motion of Little Rock School District (LRSD) and Joshua for approval of Little Rock School District's (LRSD's) revised desegregation and education plan; District Court, two orders; District Court, districts' supplement to past and pending claims against the state defendants; District Court, addendum to districts' supplement to past and pending claims against the state defendants; District Court, order; District Court, memorandum opinion and order; District Court, notice of filing, Office of Desegregation Monitoring report, ''1997-98 Enrollment and Racial Balance in the Pulaski County School Districts''; District Court, notice of filing, Arkansas Department of Education project management tool The transcript for this item was created using Optical Character Recognition (OCR) and may contain some errors. IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS WESTERN DIVISION LITTLE ROCK SCHOOL DISTRICT, * Plaintiff, * vs. * No. LR-C-82-866 * * FILED EA U.S. DISTRICT COURT STERN DISTRICT ARKANSAS JAN I 2 1998 PULASKI COUNTY SPECIAL SCHOOL DISTRICT NO. 1, et al., * RECEIVED Defendants, * * MRS. LORENE JOSHUA, et al. , * J.i\i I } 3 1998 Intervenors, * * OFFICE OF KATHERINE KNIGHT, et al., * DESES.REGATICN MONITORlrJG Intervenors. * ORDER Before the Court is a motion filed by the Pulaski County Special School District - ("PCSSD") requesting that this Court grant summary judgment on the issue of the state funding formula. 1 The Arkansas Department of Education (" ADE") has responded to the PCSSD's motion.2 After carefully considering the motion and the response, this Court denies the PCSSD's motion for summary judgment on the issue of the state funding formula. Summary judgment is appropriate when "the pleadings, depositions, answers to interrogatories, and admissions on file, together with the. affidavits, if any, show that there is no genuine issue as to any material- fact and that the moving party is entitled to a judgment as a matter of law." Fed. R. Civ. P. 56(c). This Court concludes that there are genuine issues of material fact in dispute regarding the state funding formula. 1 Docket No. 3042. 2 Docket No. 3051. 104 Previously, this Court entered Orders granting summary judgment on the issue of state funding for teacher retirement matching contributions, 3 granting summary judgment on the issue of health insurance, and denying summary judgment as to special education and loss funding. 4 Currently, several of these issues are on appeal to the Eighth Circuit Court of Appeals. The Eighth Circuit has yet to rule, and therefore, these issues remain unresolved. These unresolved issues relate to the issues raised by the PCSSD in its current motion for summary judgment pending before this Court. Furthermore, although not of record in this case, recent newspaper reports indicate that certain aspects of the funding formula are still being litigated in Arkansas state court. See Cynthia Howell, Lawyers Seek to Delay Trial in School Funding Suit, Arkansas Democrat Gazette, Jan. 8, 1998, at 2B. Because there are genuine issues of material fact in dispute regarding the state funding formula, this Court denies the PCSSD's current motion for summary judgment. IT IS SO ORDERED THIS ff\._day of January 1998. 3 Docket No. 2930. 4 Docket No. 2968. ~ ~,4t.1 UNITED STA ~ISTRICTJ GE fHfS DOCUMENT ENTERED ON DOCk:ET SHEET IN COUPUANCE ~ RULE 5e ANOOA 7'9(8) FACP ON 1//t;;. ~ . IV l/l1 :_ 2 MICHAEL E. GANS - Clerk of Court UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT U.S. COURT & CUSTOM HOUSE 1114 MARKET STREET ST. LOUIS, MISSOURI 63101 January 16, 1998 VOICE (314) 539-3600 ABBS (BOO) 652-8671 Is. wustt.edu/Sth.cir RECEIVED Mr. Jim McCormack Clerk U.S. DIS1RICT COURT, EASTERN ARKANSAS Room 402 600 W. Capitol Avenue Little Rock, AR 72201-3325 JAN 2 1 1998 OFFICE OF DESEGREGATION MONITORINQ Re : 96-2047EALR L.R. School Dist. vs. Servicemaster Manag. Dear Clerk: The mandate of this Court is enclosed together with a receipt. Will the clerk of the district court please sign, date and return the receipt to this office. w~~~rt.~ Michael E. Gans Clerk of Court led Enclosure( s) District Court Clerk-Re : Files _x_Enclosed please find : 1 vol. 1R {J)a-J.nor- ~~e_J\ 'Wt/!(J,,:m,Jj;) ( LETIER FOR INFORMATIONAL PURPOSES ONLY) cc: Christopher John Heller Joseph Steven Mowery John C. Everett Samuel Arnold Perroni William Henry Trice III Richard Wilson Roachell John W. Walker Robert Pressman Norman J . Chachkin Philip K. Lyon M. Samuel Jones III Nelwyn Leone Davis Tim C. Humphries Office of Desegregation Monitor Horace Alvin Walker Perlesta Arthur Hollingsworth Kenneth G. Torrence Otis Henr y Storey District Court/Agency Case Number(s) : 82-CV -866 IN THE UNITED STATES DISTRICT ~Q~t l~Ti:llCT cfJRT EASTERN DISTRICT OF ARKANSAS 1 111 ~ D,S I RI T Ar- '\, N~