Includes motions and responses regarding Pulaski County Special School District's (PCSSD)'s motion for an award of attorneys' fees and temporary portable buildings at Robinson High School, Sylvan Hills band room, Arkansas Department of Education (ADE) project management tool.

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<dcterms_description>District Court, order; District Court, motion of the Pulaski County Special School District (PCSSD) for an award of attorneys' fees; District Court, notice of appeal; District Court, motion for extension of time to respond to Pulaski County Special School District's (PCSSD's) motion for an award of its attorneys' fees; District Court, order; District Court, Pulaski County Special School District (PCSSD) motion for temporary portable buildings at Robinson High School; District Court, renewed and supplemental motion regarding Sylvan Hills band room; District Court, amended and supplemental motion regarding Sylvan Hills band room; District Court, notice of filing, Arkansas Department of Education (ADE) project management tool This transcript was create using Optical Character Recognition (OCR) and may contain some errors. FILED U.S. DISTRICT COURT EASTERN DISTRICT ARKANSAS IN THE UNITED STATES DISTRICT COURT SEP - 2 2003 EASTERN DISTRICT OF ARKANSAS LITTLE ROCK DIVISION JAMES W. McCORMACK CLEF By: I LITTLE ROCK SCHOOL DISTRICT v. No. 4:82CV00866 WRW PULASKI COUNTY SPECIAL SCHOOL DISTRICT NO. 1, ET AL. MRS. LORENE JOSHUA, ET AL. KATHERINE KNIGHT, ET AL. GREG BOLLEN, JAMES BOLDEN, MARTHA WHATLEY AND SUE ANN WHISKER ORDER PLAINTIFF DEFENDANTS INTERVENORS INTERVENORS INTERVENORS Pending is PCCSD's Motion for Enlargement of Time to File Fee Petition (Doc. No. 3797). On August 19, 2003, an order was emered granting the PCSSD's Motion to Enforce Settlement Agreement and for Allied Relief "Bollen" Intervenors appealed this judgment and requested a stay from the Eighth Circuit Court of Appeals. The Court of Appeals has yet to address this matter on appeal. According to this Court's Local Rule 54.1 and Rule 54 of the Arkansas Rules of Civil Procedure a party has fourteen (14) days following the entry of judgment. However, PCCSD requests a stay for its motion for attorney's fees and costs until twenty (20) days after the Court of Appeals issues its ruling. Because no party has objected to the motion, the requested extension is GRANTED. OEP CLE, IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS WESTERN DIVISION LITTLE ROCK SCHOOL DISTRICT V. NO. 4:82CV00866WRW PULASKI COUNTY SPECIAL SCHOOL DISTRICT NO. 1, ET AL. MRS. LORENE JOSHUA, ET AL. KATHERINE KNIGHT, ET AL. RECEIVED SEP 1 5 2003 OFACEOF DESEGREGATION MONITORING PLAINTIFF DEFENDANTS INTERVENORS INTERVENORS MOTION OF THE PULASKI COUNTY SPECIAL SCHOOL DISTRICT FOR AN AWARD OF ATTORNEYS' FEES The PCSSD for its motion, states: ', 1. Ori August 18, 2003, at the conclusion of a hearing on the "detachment issue, this Court announced its ruling that, inter alia, the State Board of Education's authorization of an election on the issue of detachment of the Greater Jacksonville area from the PCSSD violated the 1989 Settlement Agreement. A written order was entered that day and a corrected order was entered on August 19, 2003 . 2. A motion to stay said order was heard on August 20, 2003, and denied. 3. This Court has previously and exhaustively analyzed the entitlement of the PCSSD to an award of attorneys' fees for successfully enforcing the Settlement Agreement. (Please see Order dated January 30, 1998, at page 2). Counsel's regular hourly rates are to be utilized as the "lodestar" for determining the award even though the PCSSD received the legal services at discounted hourly rates. Id. at page 4. 4. Exhibit A to the accompanying affidavit sets forth in narrative fashion those legal services for which a fee award is sought. The narrative includes a modest amount of 446311 -v1 time devoted toward evaluating the initial legislation, monitoring its progress through legislative committees and testifying against the passage of the legislation. The narrative also includes a small amount of time devoted to objecting to the legislation once it was passed as required by Section ill D of the 1989 Settlement Agreement. 5. The remainder of the narrative commences on May 16, 2003, when the petition . proposing detachment was filed with the Arkansas State Board .of Education. The ensuing legal activities track tire development of the PCSSD's position before the State Board of Education and the two hearings before the State Board as well as the efforts of the PCSSD to identify, research and develop the legal issues which the passage of the legislation and the filing of the detachment petition generated. 6. Beginning on or about July 14, 2003, the Court will see a shift in the activities from the proceedings before the State Board of Education to the development of the successful ,, Fourth Motion to enf~rce Settlement Agreement as well as the separate action commenced in State Court. Indeed, it is anticipated that an argument will be made that activities devoted exclusively toward development and prosecution of the State Court action are not compensable and that the PCSSD should be denied fees for those efforts. Accordingly, the PCSSD has segregated those entries which relate exclusively to the State Court action as a separate portion of the narrative. 7. However, the PCSSD submits that all of the efforts and activities described in the fee narrative are compensable. It cannot be logically disputed that but for the passage of the detachment legislation (which this Court found violated the Settlement Agreement) and but for the State Board of Education's acceptance of and activation of the legislation (which this Court found violated the Settlement Agreement), none of the activities described in the 446311-v1 2 narrative would have been necessary or would have occurred. Thus, it is respectfully submitted, the only position which could have any legal vitality would be an argument that the PCSSD "wasted time" on issues that were not somehow reasonably related to the end of nullifying the election authorized by the State Board. 8. This Court did not reach the issues of special and local legislation and the equal ' . protection issue preferring to leave those two issues for resolution in State Court. Nevertheless, it cannot be reasonably gainsaid that these were not issues that the PCSSD was reasonably obligated to identify and develop toward the ultimate end of prevailing on the election issue. 9. Further, the PCS SD spent a modest amount of time developing other subsidiary issues as described in the State Court complaint. However, it cannot be reasonably said that '1' ., the identification and modest research associated with those issues was somehow a waste of ' time. Indeed, the PCSSD believes it submitted substantial separate issues to both reviewing forums any one of which in isolation was sufficient to nullify the election. 10. This motion is accompanied by an affidavit which further explains the history of enforcement of the 1989 Settlement Agreement, the bases for the district's entitlement to a fee award and the narrative description of legal services rendered. 11. The PCSSD seeks a total fee award of $78,326.50 as reflected in Exhibit B to the affidavit. 446311-v1 3 Respectfully submitted, WRIGHT, LINDSEY &amp; JENNINGS LLP 200 West Capitol Avenue, Suite 2300 Little Rock, Arkansas 72201-3699 ' (501) 371-0808 FAX: (501) 376-9442 CERTIFICATE OF SERVICE On September 11, 2003, a copy of the foregoing was served via U.S. Mail on the following: Mr. Scott Smith General Counsel Arkansas Department of Education #4 Capitol Mall, Room 404-A Little Rock, AR 72201 Mr. John C. Fendley, Jr. John C. Fendley, Jr. , P.A. 51 Wingate Drive Little Rock, AR 72205 Mr. John W. Walker John W. Walker, P.A. 1723 Broadway Little Rock, Arkansas 72201 Mr. Christopher Heller Friday, Eldredge &amp; Clark 2000 Regions Center 400 West Capitol Little Rock, Arkansas 72201 446311-v1 Mr. Mike Wilson Mr. Will Bond 602 W. Main Jacksonville, AR 72076 Mr. Timothy Gauger Assistant Attorney General 323 Center Street, Suite 200 Little Rock, AR 72201 4 Mr. Mark A. Hagemeier Assistant Attorney General Arkansas Attorney General's Office 323 Center Street, Suite 200 Little Rock, Arkansas 72201 Mr. Stephen W. Jones 3400 TCBY Tower 425 West Capitol Avenue Little Rock, Arkansas 72201 Ms. Ann Brown Marshall ODM One Union National Plaza 124 West Capitol, Suite 1895 Little Rock, AR 72201 446311-v1 Mr. Richard Roachell Roachell Law Finn Plaza West Building 415 N. McKinley, Suite 465 Little Rock, Arkansas 72205 Mr. Clayton Blackstock Mr. Mark Burnett 1010 W. Third Street Little Rock, AR 72201 5 IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS WESTERN DIVISION LITTLE ROCK SCHOOL DISTRICT V. NO. 4:82CV00866WRW PULASKI COUNTY SPECIAL SCHOOL DISTRICT NO. 1, ET AL. MRS. LORENE JOSHUA, ET AL. KATHERINE KNIGHT, ET AL. RECEIVED SEP 1 5 2003 OFFICE OF DESEGREGATION MONITORING AFFIDAVIT OF SAM JONES PLAINTIFF DEFENDANTS INTERVENORS INTERVENORS The legal services described in Exhibit "A" to this Affidavit have either all been billed - to and paid for by the PCSSD or, in the case of the most recent entries, will be b~led to and paid for the PCSSD. Since at least 1993, the hourly rates for partners charged to PCSSD have been frozen at $150 per hour in recognition of the financial circumstances of the PCSSD. The principal partner timekeeper for purposes of this fee petition is Sam Jones whose current hourly rate is $215 per hour. This represents a discount to the PCSSD of just over 30% of regular hourly rates. Several other partner timekeepers appear briefly in this petition and their rates have likewise been frozen at $150.00 per hour. For purposes of this petition, and consistent with prior fee awards to the PCSSD in this case, reimbursement is sought at the current regular hourly rates of all timekeepers. The effort associated with the exposition of the 1989 Settlement Agreement, especially before the State Board of Education, was difficult and time-consuming. The files, documents, 446157-v1 orders and transcripts a decade old had to be located and thoroughly reviewed. While in the final analysis this Court appeared to have little difficulty in interpreting the clear meaning of the 1989 Settlement Agreement, the PCSSD necessarily had to prepare for an argument that the language in the agreement is ambiguous and that parole evidence was necessary for a full and complete understanding of the key provisions. The PCSSD submits it would have been .remiss in not completely reviewing the exhaustive history of kc;:y provision of the Settlement Agreement both in an, effort to make the State Board understand and to supply a full context for this Court. On an issue of this moment, the PCSSD perceived that thoroughness was absolutely required. It is my considered judgment that the activities described in Exhibit A were all , ' completely required for compliance with the Model Rules of Professional Conduct and were - appropriate for the ultimate purpose of prevailing upon this most significant and far-reaching issue. Indeed, failure was not an option. This Court first awarded fees to the PCSSD as a prevailing party in the matters of "workers' compensation" and "loss funding" . That petition covered work performed from 1994 through 1996. See Order dated December 10, 1996 (Docket 2880) and as corrected on December 12, 1996 (Docket 2883). This Court later awarded Mr. Jones $160.00 per hour, $170.00 per hour, and $175.00 per hour for 1996. (Order dated December 31, 1997, see also Court of Appeals Decision 97-1350EA dated October 14, 1997). This Court also awarded fees to counsel for the PCSSD as respects the pooling issue. In that Order, the Court awarded fees for the years 1993 through 1997 at $150.00 per hour, 446157-v1 2 $160.00 per hour, $170.00 per hour, $175.00 per hour and $180.00 per hour for 1997. (Order dated January 30, 1998). On August 27, 1998, the United States Court of Appeals for the Eighth Circuit awarded fees to counsel for the PCSSD for the successful prosecution of the teacher retirement and health insurance appeal. It awarded $185.00 per hour for work done during 1998. (Order ' -dated August 27, 1998, 97-1794EA). STATE OF ARKANSAS COUNTY OF PULASKI SUBSCRIBED AND SWORN to before me, a Notary Public, on this 11th day of ' September, 2003. Notary Public My Commission Expires: 446157-v1 3 CERTIFICATE OF SERVICE On September 11, 2003, a copy of the foregoing was served via U.S. Mail on the following: Mr. Scott Smith General Counsel Arkansas Department of Education #4 Capitol Mall, Room 404-A Little Rock, AR 72201 Mr. John C. Fendley, Jr. John C. Fendley, Jr., P:.A. 51 Wingate Drive Little Rock, AR 72205 Mr. John W. Walker John W. Walker, P.A. 1723 Broadway Little Rock, Arkansas 72201 Mr. Christopher Heller Friday, Eldred~ &amp; Clark 2000 Regions Center 400 West Capitol Little Rock, Arkans~ 72201 Ms. Ann Brown Marshall . QOM One Union National Plaza 124 West Capitol, Suite 1895 Little Rock, AR 72201 446157-v1 Mr. Mike Wilson Mr. Will Bond 602 W. Main Jacksonville, AR 72076 Mr. Timothy Gauger Assistant Attorney General 323 Center Street, Suite 200 Little Rock, AR 72201 Mr. Mark A. Hagemeier Assistant Attorney General Arkansas Attorney General's Office 323 Center Street, Suite 200 Little Rock, Arkansas 72201 Mr. Stephen W. Jones 3400 TCBY Tower 425 West Capitol Avenue Little Rock, Arkansas 72201 Mr. Richard Roachell Roachell Law Firm Plaza West Building 415 N. Mc.Kinley, Suite 465 Little Rock, Arkansas 72205 Mr. Clayton Blackstock Mr. Mark Burnett 1010 W. Third Street Little Rock, AR 72201 4 C. 6Y&gt;'1/&gt; /~/.-e. Copy "~ t;.,J-,. '/.&gt;t'I /-J IS t .'/(:J : ltssD - J,,c.l&lt;sc,w, lie Se/, I-FOR PROFESSIONAL SERVICES RENDERED: Date Timekeeper 03/19/01 MS Jones, III 03/20/01 MS Jones, III 03/21/01 MS Jones, III 03/21/01 MS Jones, III 03/22/01 MS Jones, III 03/23/01 ~s Jones, III 03/28/01 MS Jones, III 03/28/01 MS Jones, III 03/28/01 MS Jones, III 03/i~/01 MS Jones, III 03/29/01 MS Jones, III TIMEKEEPER SUMMARY 2001 Telephone conference with Gary Smith Prepare for Senate Education hearing Meet with Governor's staff regarding HB 1882; confer with Dr. Smith and Mr. Manfredini; attend entirety of Senate Education Committee hearing Telephone conference with Dr. Smith Telephone conference with Dr. Smith Appear at Senate Education hearing regarding HB 1882 Testify before legislature regarding HB 1882 Telephone conference with David Colbert Telephone conference with Gary Smith Review letter from John Walker to Representative Pat Bond Review letter from John Walker to Judge Wright HOURS/RATES/VALUE MS Jones Total 55404-v1 9 . 8 $150 $1,470.00 $1,470.00 Hours 0 .2 0.7 3.9 0.2 0.2 2 . 2 1.8 0.2 0.2 0.1 0.1 I EXHIBIT 8 LITTLE ROCK SCHOOL DISTRICT V. NO. 4:82CV00866WRW PULASKI COUNTY SPECIAL SCHOOL DISTRICT NO. 1, ET AL. MRS. LORENE JOSHUA, ET AL. KATHERINE KNIGHT, ET AL. DEFENDANTS INTERVENORS INTERVENORS NOTICE OF APPEAL The Pulaski County Special School District (PCSSD) hereby gives notice of its appeal from a portion of the order of the district court filed on August 18, 2003 , and the corrected order filed on August 19, 2003 , as respects the District Court's interpretation of the 8th Circuit - Court of Appeals' decision dated November 19, 1986 as reported at 805 F.2d 815, (8th Circuit, 1986). 447430-v1 Respectfully submitted, WRIGHT, LINDSEY &amp; JENNINGS LLP 200 West Capitol Avenue, Suite 2300 Little Rock, Arkansas 72201-3699 (501) 371-0808 FAX: (501) 376-9442 By ~(}''-'-----'( ~ / 'M. Samue Jones mp6~60) ( Attorneys r Pulaski-County Special , School 806 UNITED STATES DISTRICT COURT Eastern District of Arkansas Office of the Clerk 600 West Capitol, Room 402 Little Rock, Arkansas 72201-3325 September 16, 2003 Mr. Michael E. Gans, Clerk United States Court of Appeals 111 S. 10th Street, Room 24.329 St. Louis, MO 63102 Case No . 4:82CV00866 WRW Re: LITTLE ROCK SHCOOL DIST vs. PULASKI COUNTY SPECIAL Dear Sir : Enclosed please find in duplicate, copies of the following in the above case: Notice of Appeal Docket Entries [certified] Order filed 8/ 18 / 03 Order filed 8/ 19 / 03 RECEIVED SEP 1 9 2003 OFFICE OF DESEGREGATION MONITORING The appellant is in non-compliance with Eighth Circuit Rule 3B for not submitting an Appeal Information Form (Form A) with the Notice of Appeal. Accordingly, we are providing the appellant (Form A) to complete and submit to the Court of Appeals and (Form B) to serve upon the appellee. Sincerely, Ja~. McCormack, Clerk . , r~~ By:~~ Doris Collins, Deputy Clerk cc: w/ encs. Counsel of Record U.S. COURT OF APPEALS - EIGHTH CIRCUIT APPELLEE'S FORM B Appeal Information Form CASE NAME (Underline name of Appellee): GREG BOLLEN, JAMES BOLDEN, MARTIIA WHATLEY, SUE ANN WHISKER vs. PULASKI COUNTY SPECIAL SCHOOL DISTRICT IS THE ALIGNMENT OF PARTIES, NAMES, ADDRESSES, AND TELEPHONE NUMBERS Appeal Docket No. 03-3088 CORRECT ON APPELLANT'S FORM A? t8J Yes O No Ifno, list corrections below. IF YOU WISH TO CLARIFY THE JURISDICTIONAL STATEMENT OR GENERAL STATEMENT, LIST THE ADDITIONAL ISSUES OR COMMENTS. Whether or not the District Court erred in his interpretation of the 8th Circuit Court of Appeals' decision dated November 19, 1986 as reported at 805 F.2d 815, (8th Circuit, 1986) DO YOU BELIEVE THIS CASE IS SUITABLE FOR CONSIDERATION IN THIS COURT' SETTLEMENT PROGRAM? 0 Yes. t8J No. Ifno, state why. Appellee has no desire or motivation to discuss settlement. NAME, ADDRESS, AND TELEPHONE NUMBER OF COUNSEL COMPLETING THIS FORM: M. SAMUEL JONES III WRIGHT, LINDSEY &amp; JENNINGS LLP 200 West Capitol Avenue, Suite 2300 Little Rock, Arkansas 72201 (501) 371-0808 Copy 1 - Send to Appellant Copy 2 &amp; 3 - Send to Clerk, Eighth Circuit Court of Appeals Copy 4 - Retain 445092-vl EDWARD L. WRIGHT (1903 - 1977) ROBERT S. LINDSEY (1913-1991 ) ISAAC A. SCOTT , JR . JOHN G. LILE WRIGHT, LINDSEY &amp; JENNINGS LLP ATTORNEYS AT LAW KIMBERLY WOOD TUCKER RAY F. COX, JR . TROY A. PRICE PATRICIA SIEVERS HARRIS KATHRYN A . PRYOR GORDON S. RATHER, JR . ROGER A. GLASGOW C. DOUGLAS BUFORD, JR . PATRICK J. GOSS ALSTON JENNINGS , JR . JOHN R. TISDALE KATHLYN GRAVES M. SAMUEL JONES Ill JOHN WILLIAM SPIVEY Ill LEE J . MULDROW N.M. NORTON CHARLES C. PRICE CHARLES T. COLEMAN JAMES J. GLOVER EDWIN L. LOWTHER, JR . WALTER E. MAY GREGORY T . JONES H. KEITH MORRISON BETTINA E. BROWNSTEIN WALTER McSPADDEN JO HN D. DAVIS JI/DY SIMMONS HENRY Michael Gans, Clerk of the Court 200 WEST CAPITOL A VENUE SUITE 2300 LITTLE ROCK, ARKANSAS 72201 -3699 (501) 371 -0808 FAX (501 ) 376-9442 www . wlj .com OF COUNSEL ALSTON JENNINGS RONA LD A. MAY BRUCE R . LINDSEY JAMES R. VAN DOV ER Writer's Direct Dia l No . 501-212- 1273 mjoncs@wlj .com September 16, 2003 U.S. Court of Appeals for the Eighth Circuit Thomas F. Eagleton Court House, Room 24.329 111 South 10th Street St. Louis, Missouri 63102 RE: 03-3088 Greg Bollen, James Bolden, Martha Whatley, J. MARK DAVIS CLAIRE SHOWS HANCOCK KEVIN W. KENNEDY JERRY J. SALLINGS WILLIAM STUART JACKSON MICHAEL D. BARNES STEPHEN R. LANCASTER JUDY ROBINSON WILBER KYLER. WILSON C. TAD BOHANNON KRISTI M. MOODY J. CHARLES DOUGHERTY M. SEAN HATCH J. ANDREW VINES JUSTIN T . ALLEN MICHELLE M. KAEMMERLING SCOTT ANDREW IRBY PATRICK D. WILSON REGINA A. SPAULDING .Lkeasted1opn,tCIK:ebelamtbt: Uai Sates hlt:DI mt/ Ttadt:awr Of6ce RECEIVED SEP 18 2003 OFFICE OF DESEGREGATION MONITORING Sue Ann Whisker (Appellants) vs. Pulaski County Special School District (Appellee) On Appeal from the United States District Court, Eastern District of Arkansas; USDC No. 4:82CV00866WRW Dear Michael: Enclosed are two copies of Appellee's Form B - Appeal Information Form. By copy of this letter, I am forwarding copies of the above to the attorney for the Appellant. MSJ:ao Enclosure cc: Mr. Will Bond All Other Counsel of Record Cordially yours, WRIGHT, LINDSEY &amp; JENNINGS LLP t:..- IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS WESTERN DIVISION LITTLE ROCK SCHOOL DISTRICT v . No. 4:82CV00866 WRW RECEIVED SEP 2 3 2003 OFFICE OF DESEGREGATION MONITOfffNG PLAINTIFF . PULASKI COUNTY SPECIAL SCHOOL DISTRICT NO. 1, et al. DEFENDANTS MOTION FOR EXTENSION OF TIME TO RESPOND TO PULASKI COUNTY SPECIAL SCHOOL DISTRICT'S MOTION FOR AN AW ARD OF ATTORNEYS' FEES Comes now the Arkansas Department of Education, and for its Motion for Extension of Time, states: 1. On September 11 , 2003, PCSSD filed a Motion for an Award of Attorneys ' Fees with this Court. 2. A response is currently due to this Motion on or before September 25 , 2003. Due to undersigned counsel's travel and deposition schedule, he has been unable to prepare a response to date. Undersigned requests a ten-day extension of time to respond to PCSSD's Motion, that is, until October 6, 2003. 3. Pursuant to local rules, undersigned contacted opposing counsel, Mr. Samuel Jones III, with regard to this Motion, and opposing counsel does not object to the extension. WHEREFORE, the Arkansas Department of Education requests that the Court grant its Motion for Extension of Time. Respectfully Submitted, MIKE BEEBE Attorney General #94127 Assistant Attorney Gen al 323 Center Street, Suite 200 Little Rock, Arkansas 72201 (501) 682-2007 Attorney for Arkansas Department of Education CERTIFICATE OF SERVICE I, Mark A. Hagemeier, certify that on September :l )., 2003, a copy of the foregoing document was be served by first-class U.S. mail, postage prepaid, on the following person(s) at the address( es) indicated: Stephen W. Jones Jack, Lyon &amp; Jones 3400 TCBY Tower 425 W. Capitol Little Rock, AR 72201 M. Samuel Jones, III Wright, Lindsey &amp; Jennings LLP 200 W. Capitol, Suite 2300 Little Rock, AR 72201-3699 Will Bond Bond &amp; Chamberlin 602 W. Main Street Jacksonville, AR 72076 Mike Wilson 602 W. Main Street Jacksonville, AR 72076 Ann Brown Marshall ODM One Union National Plaza 124 West Capitol, Suite 1895 Little Rock, AR 72201 Christopher Heller Friday, Eldredge &amp; Clark 2000 Regions Center 400 W. Capitol Little Rock, AR 72201-3493 John W. Walker John Walker, P.A. 1 723 Broadway Little Rock, AR 72201 Mr. Mark Burnette Attorney at Law 1010 W. 3rd Little Rock, AR 72201 John C. Fendley, Jr. 51 Wingate Drive Little Rock, AR 72205 Mark A. Hagemci IN THE UNITED ST ATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS LITTLE ROCK DMSION LITTLE ROCK SCHOOL DISTRICT V. No. 4:82CV00866 WRW/JTR PULASKI COUNTY SPECIAL SCHOOL . DISTRICT NO. 1, ET AL. MRS. LORENE JOSHUA, ET AL. KATHERINE KNIGHT, ET AL. ORDER FILED ' S O1 ~TR' C1' COURT L!. 1-s---1cT A''KANSAS c:ASTERN ' '' " SEP 2 &gt;2003 JAMES W. McCORMACK. CLERK By; OEP CLERK PLAINTIFF DEFENDANTS INTERVENORS INTERVENORS Pending is the Arkansas Department of Education's Motion for Extension of Time (Doc. No. 3807) to reply to the PCSSD's fee petition (Doc. No. 3804). The ADE requesi:s an exte1;1Sion - to October 6, 2003, ten days from the original deadline, to respond, and opposing counsel does not object to the extension. The ADE's motion is GRANTED. IT IS SO ORDERED1his 23rd day of September, 2003. THIS DOCUMENT ENTEREO ON TJNfi/Jli'l:ff.4~~ OOCKET SHEET IN COMPLIANCE WM. R. WILSON, JR. WITH RULE 58 AN~~ FRCF oN 9-a~-0-1-sv~wc + TO: DATE: FAX COVER SHEET UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKA1~SAS Chris Heller Sam Jones Steve Jones John Walker Timothy Gauger Mark Hagemeier Ann Marshall Mark Burnette 9 ... z::; ~ 05 Telephone: 501-604-5140 Fax Number: 501-604 5149 376-2147 376-9442 375-1027 374-4187 682-2591 682-2591 371-0100 375-1940 There are 2 pages, including this Cover Sheet, being sent by this facsimile transmissioni MESSAGE SENT BY: rt; Office of Judge Wm. U.S. District Court 600 West Capitol, Room 423 Little Rock, Arkansas 72201 Matt Morgan, LRSD Law Clerk 501-604-5141 IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS WESTERN DIVISION LITTLE ROCK SCHOOL DISTRICT V . NO. 4:82CV00866WRW PULASKI COUNTY SPECIAL SCHOOL DISTRICT NO. 1, ET AL. MRS. LORENE JOSHUA, ET AL. KATHERINE KNIGHT, ET AL. RECEIVED SEP 2 9 2003 omcEOF ~st{3{E~AllON MONITORING PLAINTIFF DEFENDANTS INTERVENORS INTERVENORS PCSSD MOTION FOR TEMPORARY PORTABLE BUILDINGS AT ROBINSON HIGH SCHOOL The PCSSD for its motion, states: 1. For the 2002-2003 school year, the 11th day enrollment at Robinson High School was 593 students. 2. The 11th day enrollment for the current school year is 681 students of whom 307 are African-American and 374 are other. 3. The increase in enrollment is attributed to an increase in M-to-M students, the closing of Faith Christian Academy's secondary program which was a predominately AfricanAmerican institution and the change in 9th grade athletic participation instituted by the Little Rock School District. 4. Robinson is currently holding class in the cafeteria, the band room, the rAW auditorium and the gym. 449094-vl 5. To accommodate the increased enrollment for the balance of the school year and to evaluate the propriety and necessity for permanent classroom additions, the PCSSD requests permission to lease two portable buildings for the balance of the school year to accommodate the current enrollment. 6. If during the coming weeks the PCSSD determines that the increased enrollment is likely permanent, it will evaluate the prospect of classroom additions to the campus and apply to this Court at the appropriate time for permission to construct such additions should they prove necessary. 7. These circumstances are more fully explained in a memo dated September 4, 2003, from the principal at Robinson, which is attached as Exhibit A to this motion. WHEREFORE, and as an interim measure, the PCSSD requests permission to lease two portable classrooms for the balance of the 2003-2004 school year and for all proper relief. 449094-vl Respectfully submitted, WRIGHT, LINDSEY &amp; JENNINGS LLP 200 West Capitol Avenue, Suite 2300 Little Rock, Arkansas 72201-3699 (501) 371-0808 FAX: (501) 376-9442 School trict 2 CERTIFICATE OF SERVICE On September 23, 2003, a copy of the foregoing was served via U.S. mail on each of the following : Mr. John W. Walker John W. Walker, P.A. 1723 Broadway Little Rock, Arkansas 72201 Mr. Christopher Heller Friday, Eldredge &amp; Clark 2000 Regions Center 400 West Capitol Little Rock, Arkansas 72201 Ms. Ann Brown Marshall ODM One Union National Plaza 124 West Capitol, Suite 1895 Little Rock, AR 72201 Mr. Mark Burnette Mr. Clayton Blackstock 1010 W. Third Street Little Rock, AR 72201 449094-vl Mr. Mark A. Hagemeier Assistant Attorney General Arkansas Attorney General's Office 323 Center Street, Suite 200 Little Rock, Arkansas 72201 Mr. Stephen W. Jones 3400 TCBY Tower 425 West Capitol A venue Little Rock, Arkansas 72201 3 Mr. Richard Roachell Roachell Law Firm Plaza West Building 415 N. McKinley, Suite 465 Little Rock, Arkansas 72205 Judge J. Thomas Ray U.S. District Courthouse 600 West Capitol Avenue, Suite 149 Little Rock, Arkansas 72201 09/18/2003 14:58 5014901352 EQUI1Y PUPIL SERVICE PAGE 03/03 SEP O 9.2003 Robinson High School 21501Hwy10 Little Rock, Arkansas 72223 Phone: 501-86~400 Joy L Plants Principal Emall-jplants@pcud.org MEMO To: Dr. Brenda Bowles From: Ms. Joy Plants )( Date: Thursday, September 04, 2003 Fax: 50.1-868-2405 Dr. Yoloundro Williams Assistant Princ:ipal Emoil-ywlJliams@pcssd.org John Pearee As~istant l'rlnc:ipal fmail-Jpearce@pcssd.org - Re: Increased Enrollm':fJtlFaci/ity Needs Due to a larger than usual influx of students, we are in desperate need of three portable classrooms. This year we have had an increase of Minority to Majority enrollment from 33 percent to 45 percent. This enrollment change was in part due to the closing of Faith Christian Academy's secondary program which is a predominately minority institution. As well as, Little Rock School District's change In ninth grade athletic participation. We also have had some students that have moved from the private sector to Robinson High School. In effort to hold true to Desegregation Plan 2000, we have continued to welcome students to our school. These are indeed excellent problems to have. However, our total enrollment has increased from 594 at the end of last year to 682 to date. We have at present classes being held in the cafeteria, the band room, the auditorium, and the gym. We also have some teachers sharing classrooms at the same time. To accommodate our increase in numbers, we have also had to hire two new teachers. We continue to be in the midst of schedule changes to accommodate students and balance classes. Yet and still with those changes, we still need classroom space for .classes. EXHIBIT I ---'I)_,,____ IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS WESTERN DIVISION LITTLE ROCK SCHOOL DISTRICT V. NO. 4:82CV00866WRW PULASKI COUNTY SPECIAL SCHOOL DISTRICT NO. 1, ET AL. MRS. LORENE JOSHUA, ET AL. KATHERINE KNIGHT, ET AL. RECEIVED SEP 2 9 2003 OFFICE OF DESEGREGATION MONITCi1lNG RENEWED AND SUPPLEMENTAL MOTION REGARDING SYLVAN HILLS BAND ROOM The PCSSD for its motion, states: PLAINTIFF DEFENDANTS INTERVENORS INTERVENORS 1. On March 11 , 2003, this Court entered its Order authorizing the PCS SD. to temporarily utilize a portable building, until the end of the 2002-2003 school year, for the Sylvan Hills band room because of persistent water problems. 2. In the interim, the PCSSD solicited proposals from contractors toward the end of "correcting" the water problem. The Sylvan Hills band room is built partially underground. 3. Counsel is informed that one contractor agreed to guarantee his work for one year and that all other contractors declined to extend any guarantee whatsoever. 4. Because the problem persists, the PCSSD has made the decision to abandon efforts to correct the water problem and to commit to new construction on the same campus. 5. Accordingly, the PCSSD now requests two approvals from this Court: First, authorization to lease a portable building to be used as the band room until permanent construction is concluded, and second, to approve construction of a replacement facility on the 447293-v1 current Sylvan Hills campus. Neither authorization will affect the capacity of the Sylvan Hills school. WHEREFORE, the PCSSD prays for authority to lease a portable building to be used as a temporary band room and for further authority to construct a permanent replacement for the current band room on the Sylvan Hills campus. 447293-v1 Respectfully submitted, WRIGHT, LINDSEY &amp; JENNINGS LLP 200 West Capitol Avenue, Suite 2300 Little Rock, Arkansas 72201-3699 (501) 371-0808 FAX: (501) 376-9442 School District 2 CERTIFICATE OF SERVICE On September 23, 2003 , a copy of the foregoing was served via U.S. Mail on the following: Mr. John W. Walker John W. Walker, P.A. 1723 Broadway Little Rock, Arkansas 72201 Mr. Christopher Heller Friday, Eldredge &amp; Clark 2000 Regions Center 400 West Capitol Little Rock, Arkansas 72201 Ms. Ann Brown Marshall ODM One Union National Plaza 124 West Capitol, Suite 1895 Little Rock, AR 72201 Judge J. Thomas Ray U.S. District Courthouse 600 West Capitol Avenue, Suite 149 Little Rock, Arkansas 72201 447293-v1 Mr. Mark A. Hagemeier Assistant Attorney General Arkansas Attorney General's Office 323 Center Street, Suite 200 Little Rock, Arkansas 72201 Mr. Stephen W. Jones 3400 TCBY Tower 425 West Capitol Avenue Little Rock, Arkansas 72201 Mr. Richard Roachell Roachell Law Firm Plaza West Building 415 N. McKinley, Suite 465 Little Rock, Arkansas 72205 Mr. Clayton Blackstock Mr. Mark Burnett 1010 W. Third Street Little Rock, AR 72201 3 EDWARD L. WRIGHT (1903 1977) ROBERT S. LINDSEY (1913 1991 ) ISAAC A. SCOTT , JR . JOHN G. LILE GORDON S. RATHER, JR . ROGER A. GLASGOW C. DOUGLAS BUFORD, JR. PATRICK I. GOSS ALSTON JENNINGS , JR , JOHN R. TISDALE KATHLYN GRAVES M. SAMUEL JONES Ill JOHN WILLIAM SPIVEY Ill LEE J. MULDROW N.M. NORTON CHARLES C. PRICE CHARLES T. COLEMAN JAMBS J. GLOVER EDWIN L. LOWTHER, JR . WALTER E. MAY GREGORY T. JONES H. KEITH MORRISON BETTINA E. BROWNSTEIN WALTER McSPADDEN JOHN D. DAVIS JUDY SIMMONS HENRY WRIGHT, LINDSEY &amp; JENNINGS LLP ATTORNEYS AT LAW 200 WEST CAPITOL AVENUE SUITE 2300 LITTLE ROCK, ARKANSAS 72201 3699 (501) 3710808 FAX (501) 3769442 www.wlj.com OF COUNSEL ALSTON JENNINGS RONALD A. MAY BRUCE R. LINDSEY JAMES R. VAN DOVER Writer 's Direct Dial No. S0l-212-1273 mjones@wlj .com September 26, 2003 KIMBERLY WOOD TUCKER RAY F . COX , JR . TROY A. PRICE PATRICIA SIEVERS HARRIS KATHRYN A. PRYOR J. MARK DAVIS CLAIRE SHOWS HANCOCK KEVIN W. KENNEDY IBRRY I. SALLINGS WILLIAM STUART JACKSON MICHAEL D. BARNES STEPHEN R. LANCASTER JUDY ROBINSON WILBER KYLE R. WILSON C . TAD BOHANNON KRISTI M. MOODY l . CHARLES DOUGHERTY M. SEAN HATCH J. ANDREW VINES JUSTIN T. ALLEN MICHELLE M. KAEMMERLING SCOTT ANDREW JR.BY PATRICK D. WILSON REGINA A. SPAULDING MARY ELIZABETH ELDRIDGE BLAKE S. RUTHERFORD I...iot!mod1opn,;tic,:bt:Afftbt: Uaill:lt!Sarcs h1e111 ud Tndt:llwk O/fk% RECEIVED VIA HAND DELIVERY The Honorable Wm. R. Wilson, Jr. U.S. District Courthouse 600 West Capitol Avenue, Suite 423 Little Rock, Arkansas 72201 SEP 2 6 2003 OfRCf OF OESEGREGAT!Oti MONITORING Re: Little Rock School District v. Pulaski County Special School District; et al. USDC Docket No.: 4:82CV00866WRW Dear Judge Wilson: I am informed that the PCSSD Board is taking another look at the potential for repairing the Sylvan Hills band room. Hence, I have amended our motion, courtesy copy enclosed. MSJ:ao Encls. cc/w/encls.: 450331-vl Cordially yours, WRIGHT, LINDSEY &amp; JENNINGS LLP 6~ Honorable J. Thomas Ray Counsel of Record IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS WESTERN DMSION LITTLE ROCK SCHOOL DISTRICT V. NO. 4:82CV00866WRW PULASKI COUNTY SPECIAL SCHOOL DISTRICT NO. 1, ET AL. MRS. LORENE JOSHUA, ET AL. KATHERINE KNIGHT, ET AL. RECEIVED SEP 2 6 2003 OFFICE OF DESEGREGATION MONITORING AMENDED AND SUPPLEMENTAL MOTION REGARDING SYLVAN HILLS BAND ROOM The PCSSD for its amended and supplemental motion, states: PLAINTIFF DEFENDANTS INTERVENORS INTERVENORS 1. The PCSSD filed a motion on September 23, 2003, seeking certain reli~f as respects the Sylvan Hills band room. That motion remains pending. 2. Today counsel for the PCSSD was informed that the Board has reconsidered the issue of a permanent replacement for the structure and has instructed the Assistant Superintendent for Support Services to re-examine the prospects of securing a workable and practicable repair solution to the water problems in this band room. 3. Accordingly, the PCSSD hereby amends its pending motion to drop, at least for the moment, its request for permission to build a new structure while it re-examines the prospect that a less costly but effective repair solution can be pursued. 4. The PCSSD retains its request for permission to lease a portable building to house the band program for the balance of the current school year, and states that it has located an "acoustically appropriate" structure for lease. 450309-v1 WHEREFORE, the PCSSD prays for an order of this Court permitting it to lease a portable building for the balance of the school year to house the band program at Sylvan Hills and for all proper relief. 450309-v1 Respectfully submitted, WRIGHT, LINDSEY &amp; JENNINGS LLP 200 West Capitol Avenue, Suite 2300 Little Rock, Arkansas 72201-3699 (501) 371-0808 FAX: (501) 376-9442 B ~:....::::::::::::::._~~~~~=----ch o o l 2 CERTIFICATE OF SERVICE On September 26, 2003, a copy of the foregoing was served via U.S. Mail on the following: Mr. John W. Walker John W. Walker, P.A. 1723 Broadway Little Rock, Arkansas 72201 Mr. Christopher Heller Friday, Eldredge &amp; Clark 2000 Regions Center 400 West Capitol Little Rock, Arkansas 72201 Ms. Ann Brown Marshall ODM One Union National Plaza 124 West Capitol, Suite 1895 Little Rock, AR 72201 Judge J. Thomas Ray U.S . District Courthouse 600 West Capitol Avenue, Suite 149 Little Rock, Arkansas 72201 450309-v1 Mr. Mark A. Hagemeier Assistant Attorney General Arkansas Attorney General's Office 323 Center Street, Suite 200 Little Rock, Arkansas 72201 Mr. Stephen W. Jones 3400 TCBY Tower 425 West Capitol Avenue Little Rock, Arkansas 72201 Mr. Richard Roachell Roachell Law Firm Plaza West Building 415 N. McKinley, Suite 465 Little Rock, Arkansas 72205 Mr. Clayton Blackstock Mr. Mark Burnett 1010 W. Third Street Little Rock, AR 72201 3 Raymond Simon Director State Board of Education JoNell Caldwell, Chair Littls Rock Shelby Hillman, Vice Chair Carfis/s Luke Gordy Van Bursn Robert Hackler Mountain Home caMn King Marianna Randy Lawson Bentonville - ~ebick I. I Diane Tatum I I Pine Bluff I l Jeanna Westmoreland I Arkadelphia :l i :1 :i ,1 !l ;, ;J if 1J I l 'l /j Department of Education #4 CapiJol Mall, Little Rock, AR 72201-1071 September 29, 2003 501-682-4475 Mr. M. Samuel Jones, III Wright, Lindsey &amp; Jennings 200 West Capitol, Suite 2000 Little Rock, AR 72201 Mr. John W. Walker John Walker, P.A. 1723 Broadway Little Rock, AR 72201 Mr. Mark Burnette Mitchell, Blackstock, Barnes, Wagoner, Ivers &amp; Sneddon P. 0. Box 1510 Little Rock, AR 72203-1510 Mr. Christopher Heller Friday, Eldredge &amp; Clark 400 West Capitol, Suite 2000 Little Rock, AR 72201-3493 Mr. Stephen W. Jones Jack, Lyon &amp; Jones 425 West Capitol, Suite 3400 Little Rock, AR 72201 Ms. Ann Marshall One Union National Plaza 124 West Capitol, Suite 1895 Little Rock, AR 72201 http:/ larked11.state.ar.,u RECEIVED SEP 3 o 2003 OFFICE OF DESEGREG~TIOH MONITORING RE: Little Rock School District v. Pulaski County Special School District, et al. US. District Court No. 4:82-CV-866 Dear Gentlemen and Ms. Marshall: Per an agreement with the Attorney General's Office, I am filing the Arkansas Department of Education's Project Management Tool for the month of September 2003 in the above-referenced case. If you have any questions, please feel free to contact me at your convenience. General Counsel Arkansas Department of Education SS:law cc: Mark Hagemeier - --- ---- - - - - - UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS WESTERN DIVISION LITTLE ROCK SCHOOL DISTRICT PLAINTIFF V. No. LR-C-82-866 PULASKI COUNTY SPECIAL SCHOOL DISTRICT NO. 1, et al DEFENDANTS NOTICE OF FILING In accordance with the Court's Order of December 10, 1993, the Arkansas Department of Education hereby gives notice of the filing of the ADE's Project Management Tool for September 2003. Respectfully Submitted, cott Smith, #92251 Attorney, Arkansas Department of Education #4 Capitol Mall, Room 404-A Little Rock, AR 72201 501-682-4227 CERTIFICATE OF SERVICE I, Scott Smith, certify that on September 29, 2003, I caused the foregoing document to be served by depositing a copy in the United States mail, postage prepaid, addressed to each of the following: Mr. M. Samuel Jones, III Wright, Lindsey &amp; Jennings 200 West Capitol, Suite 2000 Little Rock, AR 72201 Mr. John W. Walker John Walker, P.A. 1723 Broadway Little Rock, AR 72201 Mr. Mark Burnette Mitchell, Blackstock, Barnes Wagoner, Ivers &amp; Sneddon P. 0. Box 1510 Little Rock, AR 72203-1510 Mr. Christopher Heller Friday, Eldredge &amp; Clark 400 West Capitol, Suite 2000 Little Rock, AR 72201-3493 Mr. Stephen W. Jones Jack, Lyon &amp; Jones 425 West Capitol, Suite 3400 Little Rock, AR 72201 Ms. Ann Marshall One Union National Plaza 124 West Capitol, Suite 1895 Little Rock, AR 72201 IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS WESTERN DIVISION LITTLE ROCK SCHOOL DISTRICT, ET AL V. PULASKI COUNTY SPECIAL SCHOOL DISTRICT, ET AL MRS. LORENE JOSHUA, ET AL KATHERINE W. KNIGHT, ET AL NO. LR-C-82-866 PLAINTIFFS DEFENDANTS INTERVENORS INTERVENORS ADE'S PROJECT MANAGEMENT TOOL In compliance with the Court's Order of December 10, 1993, the Arkansas Department of Education (ADE) submits the following Project Management Tool to the parties and the Court. This document describes the progress the ADE has made since March 15, 1994, in complying with provisions of the Implementation Plan and itemizes the AD E's progress against timelines presented in the Plan. IMPLEMENTATION PHASE ACTIVITY I. FINANCIAL OBLIGATIONS A. Use the previous year's three quarter average daily membership to calculate MFPA (State Equalization) for the current school year. 1. Projected Ending Date Last day of each month, August - June. 2. Actual as of September 30, 2003 B.ased :on.~e' informat,onjivailabie at August 31 ;-: 2003.,tpe APE calculated the Eqllalizaiio'n Furidirig for;fY03i04;' s~bjecf to penod1c adjustments'. B. Include all Magnet students in the resident District's average daily membership for calculation. 1. Projected Ending Date Last day of each month, August - June. This project was supported in part by a Digitizing Hidden Special Collections and Archives project grant from The Andrew W. Mellon Foundation and Council on Library and Information Resources.</dcterms_description>

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