Includes Pulaski County Special School District (PCSSD) reply to all responses regarding its fourth motion to enforce settlement agreement, District Court motion for stay of judgment and order made pursuant to Rule 62 of the Federal Rules of Civil Procedure and Rule 8.A of the Eighth Circuit Rules of Appellate Practice.

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<dcterms_description>District Court, letter order; District Court, memorandum; District Court, order; District Court, Pulaski County Special School District (PCSSD) consolidated brief in support of its reply to all responses to its fourth motion to enforce settlement agreement; District Court, two orders; District Court, corrected order; District Court, motion for stay of judgment and order made pursuant to Rule 62 of the Federal Rules of Civil Procedure and to Rule 8.A of the Eighth Circuit Rules of Apellate Practice; District Court, order; District Court, notice of appeal; Court of Appeals, emergency motion for espedited review and suspension of the rules pursuant to Rule 2 of the Federal Rules of Apellate Procedure and motion for emergency stay of judgment of the district court; District Court, Pulaski County Special School District (PCSSD) motion for enlargement of time to file fee petition; District Court, order; District Court, notice of filing, Arkansas Department of Education (ADE) project management tool; District Court, motion for extension of time; District Court, order of transcripts pursuant to Rule 10 of the Federal Rules of Appellate Procedure; District Court, corporate disclosure statement; District Court, order This transcript was create using Optical Character Recognition (OCR) and may contain some errors. - BILL WILSON JUDGE To: Mr. Will Bond Bond &amp; Chamberlin 602 West Main UNITED STATES DISTRICT COURT EASTERN DISTRIC'r OF ARKANSAS 800W. CAPITOL, ROOM 423 . LITTLE ROCK, ARKANSAS 72201--3325 (501) 604-5140 Facsimile (501) 804-5149 August 12, 2003 BYFAX Jacksonville, Arkansas 72075 LETTER-ORDER RE: Little Rock School District v. Pulaski County Special School District, et al., United States District Court, Eastern District of Arkansas, Western Division, Case No. 4:82CV00866 WRW/JTR- August 18th Hearing - Dear Mr. Bond: This is in response to your letter of yesterday, August 11 , 2003, regarding Mr. Fendley's conflicting schedule. I often reschedule hearing when they conflict with long standing vacation plans; and, on occasion, I have allowed a lav-,-yer to participate by telephone. In view of the crucial and immediate interests involved, I believe the hearing must be held as scheduled. Participation by telephone is a little unwieldy, and I do not think it would appropriate in this instance. cc: The Honorable Joe Thomas Ray Other counsel of record Original to Clerk Cordially, [;~~ Wm. R. Wilson, Jr. - ---- --- - - - - -------- - - ----- - - -- BILL WILSON JUDGE TO: All Counsel UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS 600 W. CAPITOL, ROOM 423 LITTLE ROCK, ARKANSAS 72201-3325 (501) 804-5140 Facsimile (501) 604-5149 August 12, 2003 BYFAX MEMORANDUM RE: Knight lntervenors' Motion to Withdraw as Counsel and for Substitution of Counsel Pending is the Knight Intervenors' Motion to Withdraw as Counsel and for Substitution of Counsel. The Knight Intervenors assert that former cow1sel, Richard W. Roachell, has retired from the practice of law and requests to withdraw as their counsel. The Knight Intervenors have engaged Clayton Blackstock and Mark Burnette as counsel to replace Mr. Roachell. This issue will be addressed at the commencement of the hearing scheduled for 10:00 a.m., Monday, August 18, 2003. cc: The Honorable Joe Thomas Ray Original to Clerk Cordially, Y./~ IN THE UNITED STATES 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 U.S. DISTRICT COURT EASTERN 01sr.:i,cT ARKANSAS Al 1r, 1 3 2003 JAMES W. McCORMACK, CLERK By: ______. .....,,o""ep""'c""'L."E"'R,,.K..,. PLAINTIFF DEFENDANTS INTERVENORS INTERVENORS The Pulaski County Special School District may have until 12:00 p.m., noon, Friday, August 1S, 2003, to file a reply to the responses to its Fourth Motion to Enforce Settlement Agreement and for Allied Relief (Doc. No. 3760). The reply should be short (no more than five pages), and citations of authority are more desired than prose. This Order provides an opportunity to reply and is not a mandate. IT IS SO ORDERED this 13 th day of August 2003. THIS DOCUMENT ENTERED ON DOCKET SHEET IN COMPLIANCE WITH RULE 58 A~9(a) FRCF , ON ~-t ~-0;\ B 3:&gt;Q +:: ~ FAX COVER SHEET UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKAI'fSAS TO; Chris Heller Sam Jones Steve Jones Richard Roachell John Walker Timothy Gauger Mark Hagemeier Alm Marshall Mark Burnette Scott Smith Clay Fendley Will Bond Mike Wilson DATE: f. D. O'b 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 682-4249 907-9798 982-9414 982-9414 There are )--pages, including this Cover Sheet, being sent by this facsimile transmission. MESSAGE SENT BY: Office of Judge Wm. . Wilson, Jr. U.S. Dis1:rict 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. GREG BOLLEN, JAMES BOLDEN, RECEIVED AUG 1 8 2003 OFFICE OF DESEGREGATION MONITOIHNG PLAINTIFF DEFENDANTS INTERVENORS INTERVENORS MARTHA WHATLEY and SUE ANN WHISKER MOV ANTS/INTERVENORS PCSSD CONSOLIDATED BRIEF IN SUPPORT OF ITS REPLY TO ALL RESPONSES TO ITS FOURTH MOTION TO ENFORCE SETTLEMENT AGREEMENT I. Ripeness Hardship would be occasioned to the PCSSD because it is required to pay for the detachment election even though most of its patrons are denied the right to vote. The current proceedings do not interfere with an on-going administrative action because the State Board has already ordered the election. Simply stated, the legislature should not have passed a statute which substantially affects the ability of the PCSSD to desegregate and which violates Section II.J of the Settlement Agreement. All matters currently pending "flow from" passage of the statute. 440824-v1 II. The Settlement Agreement While it is fundamentally true that the equal protection arguments presented have an independent constitutional footing, at the same time, "but for" the State's enactment of an unconstitutional statute and the State Board's activation of that statute, these claims would have no reason to arise. The situation presented is much the same as confronted the Court of Appeals in 1990. After first finding that the District Court should have approved the desegregation plans, it then went on to note that: "If the plans had been approved, the question of appointment of a metropolitan supervisor would never have arisen, and the tri-district plan would neither had been written nor submitted. The order appointing a metropolitan supervisor and commanding the parties to comply with the tri-district plan therefore necessarily falls along with the order declining to approve the settlement plan submitted by the parties. 921 F.2d 1371 at 1388. Here, had the legislation never been passed, the equal protection claims would have never had occasion to arise. Accordingly, in this literal sense, all of the issues presented now flow from the Settlement Agreement. ,. m. Equal Protection The PCSSD adopts that certain memorandum brief filed by the individual school board directors on August 8, 2003. The Bollen intervenors have simply missed the point with their argument that the board members have "no constitutional right to vote on detachment." Bollen Mem. Brief at 4. The Bollen intervenors have no constitutional right to vote on detachment, either. What both parties have, however, is a constitutional right to vote on equal terms with those living in the 440824-v1 2 relevant political jurisdiction. See Board of County Commissioners of Shelby County v. Burson, 121 F.3d 244, 247 (6th Cir. 1997) When a citizen can show that he lives in the relevant jurisdiction, there is a "strong presumption" of entitlement to vote in its elections. Id. Indeed, "exclusion of such a citizen from the franchise is subject to strict scrutiny, and will be only be upheld upon a showing of a compelling state interest." Id. ( citing Kramer v. Union Free School Dist. No. 15, 395 U.S. 621 (1969)). Thus the question before the Court focuses on what is the "relevant political jurisdiction," and it is both irrational and arbitrary to award that label to any jurisdiction other than the preexisting entity charged with the responsibility in question. For purposes of the local government's role in education, there is currently only one jurisdiction--Pulaski County-and only one set of voters whose desires and interests are "relevant" to the education of public school students not enrolled in the Little Rock or North Little Rock districts--voters in areas comprising the PCSSD. The appropriate "jurisdiction" is the existing school district, for its citizens have a signal and profound interest in the outcome of any election that could alter its boundaries, tax base, student enrollment, and property." Furthermore, the state legislature has embraced a definition of the "relevant political jurisdiction" that is based on school districts. Having for generations endowed local school districts with the control, taxing authority, voting mechanisms and other indicia of "the relevant political jurisdiction" for public education purposes, the legislature cannot turn on its heels by enacting a law that treats a city, or a neighborhood, or state representative district, or historic zoning district as the "relevant political jurisdiction" entitled to make its own public education choices free from the desires of the larger and authentic "relevant political jurisdiction" already in place. 440824-v1 3 Compounding the equal protection dilemma is the fact that the State wrote the statute in a way that it currently applies only to the PCSSD and no other school district. While it is true that the Waldron School District meets the "square mile test", only the PCSSD meets the enrollment test of a district between 15,000 and 20,000 students. The statute applies neither to the largest school district in the State, the Little Rock School District, nor any of the next 100 1argest districts in terms of enrollment. Thus, those patrons residing in the PCSSD in areas other than those proposed for detachment are the only voters disenfranchised statewide. The detachment effort is the legal equivalent of a divorce. However, the party "moving out" does not get to control the process in a divorce. Rather, both parties are accorded due process and equal protection of the law. However, in the case of this attempted divorce, the State has seen fit to allow the party moving out to control the process. This is unfair, denies equal protection and should be declared unconstitutional. 440824-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 __ ~~""t"------=-------:-::,~~------- pecial s 4 CERTIFICATE OF SERVICE On August 15, 2003, a copy of the foregoing was served via facsimile and 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 Ms. Ann Brown Marshall ODM One Union National Plaza 124 West Capitol, Suite 1895 Little Rock, AR 72201 Mr. Ray Simon Director of the Arkansas Department of Education 4 State Capitol Mall Little Rock, Arkansas 72201-1071 440824-v1 5 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. McKinley, Suite 465 Little Rock, Arkansas 72205 Mr. Clayton Blackstock Mr. Mark Burnett 1010 W. Third Street Little Rock, AR 72201 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ~end~ Chamberlin t)r, /:, Yd ,n C,,11f'ere,.'-~ (501 l 982-941 _ (j p. 2 / ,P',,1 IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS WESTERN DIVISION LITTLE ROCK SCHOOL DISTRICT, Plaintiff, v. 1 . PULASKI COUNTY SPECIAL SCHOOL DISTR:ICT _NO. 1, et al., Defendants. No. 4:82CV00866WRW Monday, August 18, 2003 Little. Rock, Arkansas 10:06 a.m. MRS. LORENE JOSHUA, et al., Intervenors. KATHERINE KNIGHT, et al., Intervenors. GREG BOLLEN, JAMES BOLDEN, MARTHA WHATLEY, and SUE ANN WHISKER, . Movants/1:ntervenors TRANSCRIPT OF MOTIONS HEARING BEFORE THE HONORABLE WILLIAM R. WILSON, JR . , UNITED STATES DISTRICT JUDGE APPEARANCES: On Behalf of Little Rock School District: MR. CHRISTOPHER HELLER, Attorney at Law Friday, Eldredge &amp; Clark Regioris Center, Suite 2000 400 West Capitol Avenue Little Rock ; Arkansas 72201-3493 On Behalf of Pulaski County Special School District : MR. M. SAMUEL JONES, II 1, . At t.orney at Law Wright, Lindsey &amp; Jennings 2200 NationsBank Bui1ding -200 West Capitol Avenue Little Rock, Arkansas 72201-3699 El aine Hinson, RMR, CRR, CCR United States Court Reporter [Continued] FILED EAsrMR~ g',f~1,g ~~sAS IN THE UNITED STATES DISTRICT COURT .Allr, l S 200l EASTERN DISTRICT OF ARKANSAS LITTLE ROCl( DMSION .::MES W. McCORMACK, CLERK D~PCLERI( LITTLE ROCK SCHOOL DISTRICT PLAINTIFF V. No. 4:82CV00866 WRW PULASKI COUNTY SPECIAL SCHOOL DISTRICT NO. l, ET AL. MRS. LORENE JOSHUA, ET AL. KATHERINE KNIGHT, ET AL. GREG BOLLEN, JAMES BOLDEN, MARTHA WHATLEY AND SUE ANN WHISKER ORDER DEFENDANTS INTERVENORS INTERVENORS INTERVENORS For the reasons stated in the finding facts in conclusion with the law, given earlier today from the bench, aft~r hearing arguments of counsel, the Arkansas Dep:3rtmcnt of Education/State is directed to rescind the vote by which it approved an election in Jacksonville, Arkansas on September 16, 2003-whereby the citizens of that area would vote on the question of whether Jacksonville should be or would be a new district, separate in part fron1 the Pulaski County Special School District (which it is now a part). Additionally, the ADE/State is ordered to notify all affected county clerks and election officials that this rescission has taken place. The findings of fact and conclusions of law stated in court today are adopted and incorporated by reference in this order. Among other things, the facts and conclusions of law announ,~ed from the bench, the "Bollen Intervenol'l!"' Motion to Intervene (Doc. No. 3766) and the Motion to Intervene by the PCSSD Board Members in their individual capacities (Doc. No. 3769) are DENIED. IT IS SO ORDERED this 181h day of August, 2003 THIS 0OCUMENT ENTERED ON_ DOCKET SHEET IN COMPLIANCt: WITH RULi= 513 AND~79(a) FRCP ON 8-l t-o~. BY S+l q d FILED U.S. DISTRICT COURT EA.STERN DISTRICT ARl(ANSAS IN THE UNITED STATES DISTRICT COURT Af Jr, t B EASTERN DISTRICT OF ARKANSAS 2003 LITTLE ROCK DMSION JA:-4ES W. McCORMACK, CLERK By. ______ --=,_- oeP Cl..eRI( LITTLE ROCK SCHOOL DISTRICT PLAINTIFF V. No. 4:82CV00866 WRW/.TJ'R PULASKI COUNTY SPECIAL SCHOOL DISTRICT NO. 1, ET AL. MRS. LORENE JOSHUA, ET AL. KATHERINE KNIGHT, ET AL. ORDER DEFENDANTS INTERVENORS INTERVENORS Pending is the Knight Intervenors' Motion to Withdraw as Counsel and for Substitution of Counsel (Doc. No. 3783). The Knight Intervenors assert that former counsel, Richard W. Roachell, has retired :&amp;-.osn the practice of law and requests to withdraw as their counsel. The Knight Intervenors have engaged Clayton Blackstock and Mark Burnette as counsel to replace Mr. Roachell. The Knight Intervenors' motion was addressed at a hearing this morning, August 18, 2003, and was not objected to by any parties in this case. Therefore, the Knight Intervenors may substitute counsel. IT IS so ORDERED this u day of August, 2003. ~~ I I ~4 THIS DOCUMENT ENTERED ON lJ~ DOCKET SHEET IN COMPLIANCE UNITED STATES DISTRICT JUDGE \NITH RULE 58 ANOlQ_~9{aj FRCF oN re/ t (J{o 3 av~ ~,.,,;o - - ----- ------ - -- - IN THE UNITED STATES DISTRICT COURT Al ltt I 9 2003 FILED U.S. DISTRICT COUR"T" EASTE~N OISfRICT ARKA.NSAS EASTERN DISTRICT OF ARKANSAS LITTLE ROCK DIVISION ~~;MES W. McCORMACK, CLERK DEP CLiaRK LITTLE ROCK SCHOOL DISTRICT PLAINTIFF 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 CORRECTED ORDER DEFENDANTS INTERVENORS INTERVENORS INTERVENORS For the reasons stated in the finding facts and conclusions of the law, given earlier today - from the bench, after hearing arguments of counsel, the Arkansas Department of Education/ State Board of Education is directed to rescind the vote and order by which it approved an election in Jacksonville, Arkansas on September 16, 2003-whereby the citizens ,)fthat area would vote on the question of whether Jacksonville should be or would be a new distzict, separate and apart from the Pulaski County Special School District (of which it is now a part). Additionally, the ADE/State Board of Education is ordered to notify all affected county clerks and election officials that this rescission has taken place. The findings of fact and conclusions of law stated in court today are adopted and incorporated by reference in this order. Among other things, the findings of facts and conclusions of law announced from the bench, the "Bollen Intervenors"' Motion to Intervene (Doc. No. 3766) and the Motion to Intervene by the PCSSD Board Members in their individual capacitks (Doc. No. 3769) are DENIED. IT IS SO ORDERED this l 9c1, day of August, 2003, nunc pro tune as of August 18'\ 2003 . THIS DOCUMENT ENTERED ON OOCKEi SHEET IN COMPLIANCE W!Tli.RULE 58 AND/~ ~p ON ~- l 'i-0~ BY'-2-~=-~- u/WI? UltP ==- UNITED STA TES DISTRICT JUDGE TO: FAX COVER SHEET UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS Chris Heller Sam Jones Steve Jones John Walker Timothy Gauger Mark Hagemeier Ann Marshall Mark Burnette Clay Fendley Will Bond Mike Wilson 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 907-9798 982-9414 982-9414 DATE: &lt;i' I~ o:&gt; - There are "3 pages, including this Cover Sheet, being sent by this facsimile transmission. MESSAGE SENT BY: Offiai'of Judge Wm. R. w U.S. District Court 600 West Capitol, Room Little Roel:, Arkansas 72201 Matt Morgan, LRSD Law Clerk 501-604-5141 --- - - - - - - ---- - - - - - - BOND &amp; CHAMBERLIN TulAL LAWYERS 602 W. MAIN JACKSONVILLE, ARKANSAS 72076 l 982-9414 p.2 WILL BOND NEIL CHAMBERLIN August 19 , 2003 TELEPHONE: (501) 982-9411 FAX: (501) 982-9414 VIA FAX 3~6-9442 Sam Jones Wright, L~ndsey &amp; Jennings, LLP Suite 2200 200 W. Capitol Ave. Little Rock, AR 72201-3699 RE: School Di strict Dear Sam: Attached is our Motion for Stay of Judgment. It is our understanding the judge is going to take this up in a 3:00 p.m. telephone conference. Wi th Warmest Regards, Wi ll Bond 'l'WB:tt cc: John Walker Via Fax@ 374-4186 Scott Smith Via Fax@ 682-4249 Christ opher Heller Via Fax@ 376-21 47 Mark Burnette Via Fax@ 375-94 10 St ephen Jones Via Fax@ 375-1027 Ann Marshall Via Fax@ 371-0lOC Ka r la Burnett Vi a Fax@ 340-8282 arpart choo.l\"""' jone.aug. 1fl. 03 IN THE UNITED STA'l'ES . OIS'l'RICT COURT EASTERN DISTRICT OF ARDNSAS LITTLE ROCK DIVISION LITTLE ROCK SCHOOL DISTRICT V. No. 4:82CV00866 WRW/JTR J?UI.ASll COUNTY SPECIAL SCHOOL .DISTRICT NO. 1, ET AL. MRS . LORENE JOSHUA , E'l' AL . KATHERINE KNIGHT, ET AL. GREG BOLI,.EN, JAMES BOLDEN, PLAINTIFF DEFENDANTS INTERVENORS INTERVENORS MARTHA WHATLEY ANO SUE ANN WHISKER INTERVENORS/MOVANTS MOTION FOR .STAY OF JUDGMENT AND ORDER MADE PURSUANT TO RULE 62 OF THE FEDERAL RULES OF CIVIL PROCEDURE AND TO RULE 8 . A : OF THE EIGB'l'B .C:IRCUIT ROLES OF APELLATE PRACTICE 1. The rules of the Eighth Circ~it require that the moving party request a stay of judgment from the District Court prio r to see king such relief from the Eighth Circui t Court. 2. Yesterday, this Court ente~ed an order in effect stopping an ' election that was to occ~r within the Northeast Pulaski County area on September 16, 2003. P~oposed Intervencrs/Mov~nts conterid that the Order was contrary to existing case law. Particularly, the Fifth Circuit has held that a District Court excee6ed its discretion when it enjoined the ability of a separate s~hool district to naintain its corporate existence and to pursue its organizational rights under state law that did not involve the independent operation p.3 of a desegrating school district. See Ross v. United States 583 F , 2 d 712 5th Cir . ( 1 9 7 8 ) . 3. Failure of this Court to stay its order and judgment until proposed Intervenors/Movants can seek relief from the Eighth Circuit would in essence prohibit an election taking place on September 16, 2003. This Court ordered the State Board of Education to rescind its order of election and to ~nform election officials of the fact that the order had been rescinded and that the election coulc ~ot go forward . . 4. There are certain ministerial acts that election officials must take to ensure that an electio~ could take place on September 16, 2003. Those acts include making absentee - ballots available, ensuring that certain publications are made in newspapers concerning the election, ensur~ng that election officials define which voters are allowed to vote in the detachment election and other duties. 5. As menticned, failure to st~y the order and judgment until relief can be sought from tha Eighth Circuit wo~ld in effect stop the September election. 6. Proposed Intervenors/Movants were denied intervention by this Court in the ace of case law which states that the threshold to intervention is minimal; they are being denied their right to vote pursuant to a statute passed by the duly elected representatives of the General Assembly of State of 2 p. .. - - ~-- . .. Arkansas; and they are being denied their right to organize a school district under state law by this Court. Failure to stay the Court's decision would prohibit an election from being held pursuant to what is a validly passed and enacted state statute. WHEREFORE, Intervenors/Movants request that the Court's order be stayed until relief can be sought frcm the Eighth Circuit Court of Appeals, and for all other just and equitable relief to which they may be entitled. Respectfully S~bmitted, BOND &amp; CHAMBERtIN Trial Lawyers 602 w. Main Jacksonville, AR ~076 Telephone (501) 2 9081 Telefax (501) - 414 CERTIFICATE OF SERVICE i, Will Bond, do hereby certify that I have served a copy of the foregoing pleaoing by United States Mail, addressed to such attorney or party with ,:_~ficier.t prepaid postage to ensure first-class delivery this --f::l..L'-d.ay of August, 2003: Mr. Sam Jones Wright, Lindsey &amp; Jennings, . LLP 200 W. Capitol, Ste~ 2300 ~ittle Rock, AR 72201-3699 S::::ott Smit:i State Department of Education #4 Capito],. Mall Little Rock, AR 72201 Also Via f3x@ 376-9442 Also Via Fax@ 682-4249 3 p.5 Mr. Christopher Heller Friday, Eldredge &amp; Clark, LLP 2000 Regions Center 400 W. Capitol Little Ro~k , AR 72201 Also Via Fax@ 376-2147 John W. Walker P.A. Also Via Fax @ 37 4-4186 1723 S. Broadway" Little Rock, AR 72206 Mr. Mark 3urnette Also Via Fax@ 3 75-9410 Mitchell, Blackstock, Barnes, Wagoner, Ivers &amp; Sneddon 1010 W. ~hird Street Lit tle Rock, AR Mr. Stephen Jones Jack, Lyon &amp; Jones, P.A. 3400 TCBY Tower 425 West Capitol Avenue ~ittle Rock, AR .72201 Telephone (501)375-1122 Ann Marshall Office of Desegregation Monitoring 1 Union National Plaza 124 W. Capitol, Suite 1895 Little Rock, AR 72201 Ms. Karla Burnett Suite 400, 201 South Broadway Littl e Rock, AR 72201 By: 4 Al s o Via Fax@ 375-1027 Also Via Fax@ 371-0100 Also Via Neil Bar 93222 p.6 To: Ann Marshall Fax: 371-0100 Pharla= Ile: School District Attachments: Commentss BOND &amp; CHAMBERLIN Trial Lawyers 602 West Main Street Jacksonville, AR 72076 Telephone (501) 982-9081 Telefa&gt;&lt; (501) 982-9414 Prom: Will Bond Pa ... Including Con,..._.:~ fJ Date: August 19, 2003 The lnfannltlon contained In thl9 fax transmltal ls conlldenttal attorney-client privilaged information and is intended 90ltly for the use of ttle lnclvldual or entity nmnecl H N1Clplent. If this message Is ,-Mid by aomeone other than the Intended niclplant, you .. JIR)hiblled from anv dl.-ninMion, distribution cir copying of tnla ccmmunlcatlon aimept to the addrasH. If thla communication ha bNn received by you in error, or you ani not aunt of itB intended dlltrl)utlon, plaaN notify the ~ced office at 1.a88-245-1!77. p. 1 IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS LITTLE ROCK DIVISION 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 WIDSKER ORDER AUG 19 2003 JAMES WM By:_ cCORMACK, CLERK PLAINTIFF DEFENDANTS INTERVENORS INTERVENORS INTERVENORS Greg Bollen, James Bolden, Martha Whatley, and Sue Ann Whisker, "intervenors"/ Movants, filed a Motion for Stay of Judgment and Order Made Pursuallt to Rule 62 of the - Federal Rules of Civil Procedure and to Rule 8.A of the Eighth Circuit Rules of Appellate Practice (Doc. No. 3791). This motion is in response to :findings of facts, conclusions of law, and an Order of this Court (Doc. No. 3790) entered yesterday. Since the Movants' Request for Intervention was denied in yest,~rday's ruling, I have considerable doubt as to their standing to file the above-referenced motion-particularly since the Arkansas Department of Education/State Board of Education declin.ed to join the motion (although it did not specifically oppose the motion); but, be that~ it m.:iy, the motion is hereby denied. IT IS SO ORDERED this I 9m day of August, 2003. THJS DOCUMENT ENTERED ON DOCKET SHEET IN COMF&gt;l.lANCE 0:'~!{~:i,~ A~~=- TO: DATE: FAX COVER SHEET UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS Chris Heller Sam Jones Steve Jones John Walker Timothy Gauger Mark Hagemeier Ann Marshall Mark Burnette Clay Fendley Will Bond Mike Wilson ----- 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 907-9798 982-9414 982-9414 There are 2 pages, including this Cover Sheet, being sent by this facsimile transmission. MESSAGE SENT BY: P1-t ,;::i::;-? 16-------- Office of Judge Wm. ~son, Jr. U.S. Distric:t Court 600 West Capitol, Room 423 Little Rock, Arkansas 72201 Matt Morgan, LRSD Law Clerk 501-604-5141 4 ' \ FlLeo .! c: "" .... u.s o,sr ~ TERN D!slR1c;;_r couRT l~T ARKANSAs IN THE UNITED STATES DISTRICT COURT AUG 2 0 2D03 EASTERN DISTRICT OF ARKANSAS ~AyMEs w. McCORv11cK LITTLE ROCK DIVISION . . 1,..._ , CLERK LITTLE ROCK SCHOOL DISTRICT PLAINTIFF V. No. 4 :82CV00866 WRW/JTR PULASKI COUNTY SPECIAL SCHOOL DISTRI CT NO . 1 , ET AL . MRS . LORENE JOSHUA , ET AL. KATHERINE KNIGHT , ET AL . GREG BOLLEN , JAMES BOLDEN, DEFENDANTS INTERVENORS INTERVENORS MARTHA WHATLEY AND SUE ANN WHI SKER INTERVENORS/MOVANTS NOTICE OF APPEAL Proposed Intervenors/Movants hereby appeal the decisions made by the District Court in the above-referenced case on August 19 , 2003 with judgment being filed on August 19, 2003. This appeal is hereby taken to the Eighth Circuit Court of Appeals. The proposed Intervenors/Movants appeal the denial of their intervention and appeal the District Court ' s ultimate decision granting Pulaski County Special District ' s Motion to Enforce Settlement Agreement . Proposed Intervenors/Movants will be submitting a motion for expedited review and for emergency relief with the Eighth Circuit Court of Appeals . Respectful ly Submitted, BOND &amp; CHAMBERLIN Trial Lawyers 602 W. Main Jacksonville, AR 72076 Telephone (501)982 - 9081 k. Bar #95245 CERTIFICATE OF SERVICE I , Will Bond, do hereby certify that I have served a copy of the foregoing pleading by United States Mail, addressed to such attorney or party with/,7':;i;ficient prepaid postage to ensure first-class delivery this -#1-'-day of August , 2003: Mr. Sam Jones Wright, Lindsey &amp; Jennings , LLP 200 W. Capitol, Ste. 2300 Little Rock, AR 72201-3699 Scott Smith State Department of Education #4 Capitol Mall Little Rock, AR 72201 Mr. Christopher Heller Friday , Eldredge &amp; Clark, LLP 2000 Regions Center 400 W. Capitol Little Rock , AR 72201 Also Via Fax@ 376-9442 Also Via Fax@ 682-4249 Also Via Fax@ 376-2147 John W. Walker P.A . Also Via Fax@ 374-4186 1723 S . Broadway Little Rock , AR 72206 Mr. Mark Burnette Also Via Fax@ 375-1940 Mitchell , Blackstock , Barnes , Wagoner, Ivers &amp; Sneddon 1010 W. Third Street Little Rock , AR Mr . Stephen Jones Jack , Lyon &amp; Jones, P.A. 3400 TCBY Tower 425 West Capitol Avenue Little Rock , AR 72201 Telephone (501)375-1122 Also Via Fax@ 375-1027 2 Ann Marshall Also Via Fax@ 371-0100 Office of Desegregation Monitoring 1 Union National Plaza 124 W. Capitol, Suite 1895 Little Rock, AR 72201 Ms. Karla Burnett Suite 400, 201 South Broadway Little Rock, AR 72201 By: @ 340-8282 Wil AR Bar 95145 separate school district .pleadings . federal\motion for appeal.aug.19.03 3 WILL BOND NEIL CHAMBERLIN PRESS BOND &amp; CHAMBERLIN TRIAL L AWYERS 602 W. MAIN JACKSONVILLE, ARKANSAS 72076 August 20 , 2003 Michael~ . Gans , Clerk Eighth ircuit Court of Appeals . 24 . 32 Thomas F. Eagleton U.S. Courthouse 111 10th Street St Louis , MO 63101 14) 244 - 2400 RECEIVED AUG 2 1 2003 DESEGR OFFICE OF EG4fLQ!MdQN/1'(JMW8-9411 FAX (50"1j~M&gt;-9414 RE : Motion for Expedited Review and Stay o f Order of District Court Dear Mr . Gans : Enclosed along with this letter are a copy of our file marked Notice of Appeal , a certified copy of docket entries , and a copy of the order of the District Court from which we are appealing . Also enclosed are the original and five COQies of our Motion for Ex edited Review and Stay of: t-he... Di tr ict Gou_rt dB . If you could please file-mark these pleadings and return a file-marked copy to us in the self- addressed , stamped envelope enclosed , your help would be greatly appreciated. One of the exhibits to the motion is a transcript of the proceedings. As I mentioned to you on the telephone , the transcript was not to be completed until August 21 , 2003 . We intend to fax the transcript to you so that you will have it in the record. By copy of involved of our TWB : tt Enclosure ( s ) this letter , I am informing other counsel forwarding these documents to you . I\ With(; 1 ]mes):_ Regards , ///,_~/ ~i J[d uvc \ Michael E. Gans August 20 , 2003 Page Two cc: Greg Bollen Sam Jones Scott Smith Christopher Heller John W. Walker P.A . Mark Burnette Stephen Jones/ Ann Marshall Karla Burnett Tim Gauger f. , ?Jh j ~ ldt f+-~~ P c.J~scv,v,'lf.:. 5 1:il-+- UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT LITTLE ROCK SCHOOL DISTRICT V. No. 4:82CV00866 WRW/JTR RECEIVED AUG 2 1 2003 OFFICE OF DESEGREGATION MONITOAJNG PLAINTIFF PULASKI COUNTY SPECIAL SCHOOL DEFENDANTS (APPELLEES) . DISTRICT NO. 1, ET AL. MRS. LORENE JOSHUA, ET AL. INTERVENORS KATHERINE KNIGHT, ET AL. INTERVENORS GREG BOLLEN, JAMES BOLDEN, MARTHA WHATLEY AND SUE ANN WHISKER INTERVENORS/MOV ANTS (APPELLANTS) EMERGENCY MOTION FOR EXPEDITED REVIEW AND SUSPENSION OF THE RULES PURSUANT TO RULE 2 OF THE FEDERAL RULES OF APPELLATE PROCEDURE AND MOTION FOR EMERGENCY STAY OF JUDGMENT OF THE DISTRICT COURT Come the proposed Intervenors/Movants (appellants), and for their request for expedited review of their appeal and for a stay of the District Court's Order state: 1. On August 20, 2003, proposed Intervenors/Movants, Greg Bollen, James Bolden, Martha Whatley, and Sue Ann Whisker, filed a Notice of Appeal in the above-referenced case. 2. The proposed Intervenors/Movants represented a group of individuals living and residing in approximately the northeast portion of Pulaski County, - Arkansas who sought to form a new school district by detachment pursuant to Ark. ' J 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. KA THERINE KNIGHT, ET AL. PCSSD MOTION FOR ENLARGEMENT ,. OF TIME TO FILE FEE PETITION The PCSSD for its motion, states: RE/~IYPi AUG 2 5 2003 ) OFFICE OF DESEGREGATION MONITORfNG PLAINTIFF DEFENDANTS INTERVENORS INTERVENORS 1. On August 18, 2003, this Court announced its decision from the Bench granting the PCSSD's motion to enforce Settlement Agreement and for allied relief. A final order was entered on August 19, 2003. 2. Since that time, the putative intervenors have begun the prosecution of a notice of appeal and have requested a stay from the Court of Appeals as well as expedited processing of their appeal. 3. The PCSSD believes that the Court of Appeals will deal with these issues on some kind of expedited basis and that it would promote judicial economy to await the Court of Appeals' ruling on a stay before presenting any motion for attorneys' fees and costs in this Court. 443086-v1 J 4. The PCSSD thus requests an enlargement of time until and including twenty (20) days after the Court of Appeals issues its ruling on the putative appellants' request for a stay before finalizing and filing any motion for attorneys' fees and costs. WHEREFORE, the PCSSD prays for an order of this Court enlarging its time until and including twenty (20) days after The United States Court of Appeals for the Eighth Circuit issues it ruling upon the pending stay request, and for all proper relief. 443086-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 2 CERTIFICATE OF SERVICE On August 22, 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 Ileller 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 443086-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. McKinley, Suite 465 Little Rock, Arkansas 72205 Mr. Clayton Blackstock Mr. Mark Burnett 1010 W. Third Street Little Rock, AR 72201 3 IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS LITUE ROCK DMSION LITTLE ROCK SCHOOL DISTRICT V. No. 4:8lCV00866 WRW PULASKI COUNTY SPECIAL SCHOOL DISTRICT NO. 1, ET AL. MRS. LORENE JOSHUA, ET AL. KATHERINE KNIGHT, ET AL. GREG BOLLEN, JAMES BOLDEN, MARTHA WHA UEY AND SUE ANN WIIlSKER ORDER FILED U S DISTRICT COURT EASTE;RN DISTRICT ARKANSAS AUG 2 5 2003 JAMES W. McCORMACK, CLE By: CEP CL PLAINTIFF DEFENDANTS INTERVENORS INTERVENORS INTERVENORS Pending is PCCSb's Motion for Enlargement of Time to File :Fee Petition (Doc. No. 3797). If any party has an objection to this extension, that party, or parties, should file a response within three days of the date of this order. IT IS SO ORDERED this 25th day of August, 2003. THIS DOCUMENT ENTERED uN DOCKET SHEET lN COMPLIANCE WITH RULE 58 AN~ FRCf- ON R-~~ ...o~ BY Q..) 111 !!Lfl{;J~ ~ATESDISTRICTGE WM. R. WILSON, JR. . TO: FAX COVER SHEET UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS Chris Heller Sam Jones Steve Jones John Walker Timothy Gauger Mark Hagemeier Ann Marshall Mark Burnette Clay Fendley Will Bond Mike Wilson Telephone: 501-604-5140 Fax Nwnber: 501-604 5149 376-2147 376-9442 375-1027 374-4187 682-2591 682-2591 371-0100 375-1940 907-9798 982-9414 982-9414 DATE: __&lt;3 _Z_~_-_17_"J - There are Z-pages, including this Cover Sheet, being sent by this facsimile transmission. MESSAGE SENT BY: ~~?"?-tr~ Office of Judge Wm. R. w n, Jr. U.S. District Court 600 West Capitol, R 423 Little Rock, Arkansas 72201 Matt Morgan, LRSD Law Clerk 501-604-5l41 Raymond Simon Director State Board of Education JoNell caldwell, Chair Utt/a Rock Shelby HIiiman, Vice Chair Carlisle Luke Gordy Van Buren Robert Hackler Mountain Home calvln King Marianna Randy Lawson IIJJJJ.fonvllle W.,Jane Rebick little Rock Diane Tatum Pine Bluff Jeanna Westmoreland Arkadelphia Arkansas Department of Education #4 Capitol Mall, LiJtle Rock, AR 72201-1071 August 28, 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 htlp:/ larkedu.staJe.ar.us RECEIVED AUG 2 8 2003 OFFICE OF DESEGREGATION MONITOmN 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 August 2003 in the above-referenced case. If you have any questions, please feel free to contact me at your convenience. ld:~ General Counsel Arkansas Department of Education SS:law cc: Mark Hagemeier ,, UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS WESTERN DNISION 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 August 2003. Rg::z~ Scott 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 Augu~ 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. 1 723 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 ~od~ ottSmith RECEIVED AUG 2c1 2003 OFFICE OF OESEGREGATIOH MONITORING Fl I s:: D --- ~-'= U.S. 01s"rl:t1t'f COURT EASTERN DISTRICT ARKANSAS AUti 2 8 2003 JAMES W. McCORMACK, CLERK By_ --------,o=e=p-=c.,..,Le=R"""K IN THE UNITED ST ATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS WESTERN DMSION LITTLE ROCK SCHOOL DISTRICT CASE NO. 4:82CV00866WRW/JTR PULASKI COUNTY SPECIAL SCHOOL DISTRICT :tvIB.S. LORENE JOSHUA, ET AL. KATHERINE KN1GHT, ET AL. MOTION FOR EXTENSION OF TIME PLAINTIFF DEFENDANTS INTER VENO RS INTER VENO RS Come now the Joshua Intervenors, by and through undersigned counsel, for their Motion - for Extension of Time to submit a fee petition regarding PCSSD's Motion to Enforce the Settlement Agreement, state: 1. The Joshua Intervenors believe their counsel is entitled to a fee award. 2. Counsel, therefore, requests that the court allow undersigned counsel the same time it allows counsel for PCS SD to file such motion and supporting documentation and brief 3. Counsel incorporates by reference the motion and supporting documentation of the PCSSD in this matter. WHEREFORE, the Joshua Intervenors pray that the Court enter an order granting Joshua's counsel such time that His Honor allows the PCSSD file its petition for fees, costs and other appropriate relief Respectfully submitted, John W. Walker Rickey Hicks John W. Walker, P.A. 1723 Broadway Little Rock, AR 72206 501-374-3758 501-374-4187 (fax) I do hereby state that a copy of the forego 0 motion has been served all counsel of record on this 28th day of August, 2003. IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS LITTLE ROCK DIVISION LITTLE ROCK SCHOOL DISTRICT PLAINTIFF V. No. 4:82CV00866 WRW/JTR PULASKI COUNTY SPECIAL SCHOOL DISTRICT NO. 1, ET AL. MRS. LORENE JOSHUA, ET AL. KATHERINE KNIGHT, ET AL . GREG BOLLEN, JAMES BOLDEN, DEFENDANTS INTERVENORS INTERVENORS MARTHA WHATLEY AND SUE ANN WHISKER INTERVENORS/MOVANTS ORDER OF TRANSCRIPTS PURSUANT TO RULE 10 OF THE FEDERAL RULES OF APPELLATE PROCEDURE Appellants , Greg Bollen , James Bolden , Martha Whatley and - Sue Ann Whisker , have ordered from the court reporter a transcript of the entire proceeding which consists of one hearing and a telephone conference . Appellants have already made payment for the transcript . The entire transcript has been ordered . Respectfully Submitted , Bond &amp; Chamberlin Trial Lawyers 602 West Main Street Jacksonville , AR 72076 Telephone (501) - 9081 Telefax (501) 8 - 414 By : W.1.l Bar 95145 CERTIFICATE OF SERVICE I , Will Bond , do hereby certify that I have served a copy of the foregoing pleading by United States Mail , addressed to such attorney or party wit~~ujfj'ficient prepaid postage to ensure first-class delivery this ~ay of August , 2003: v Mr . Sam Jones Wright , Lindsey &amp; Jennings , LLP 200 W. Capitol , Ste . 2300 "Little Rock , AR 72201 - 3699 Scott Smith State Department of Education #4 Capitol Mall Little Rock , AR 72201 Mr . Christopher Heller Friday , Eldredge &amp; Clark , LLP 2000 Regions Center 400 W. Capitol Little Rock , AR 72201 John W. Walker P .A. 1723 S . Broadway Little Rock , AR 72206 Mr . Mark Burnette Mitchell , Blackstock , Barnes , Wagoner , Ivers &amp; Sneddon 1010 W. Third Street Little Rock , AR Mr . Stephen Jones Jack , Lyon &amp; Jones , P .A. 3400 TCBY Tower 425 West Capitol Avenue Little Rock , AR 72201 Telephone (501) 375 - 1122 Ann Marshall Office of Desegregation Monitoring 1 Union National Plaza 124 W. Capitol , Suite 1895 Little Rock , AR 72201 2 - Ms . Karla Burnett Suite 400 , 201 South Broadway Little Rock, AR 72201 Tim Gauger Senior Assistant Attorney General 323 Center Street Suite 200 Little Rock , AR 72201 - 2610 By: 3 AR Bar 95145 WILL BOND BOND &amp; CHAMBERLIN TRIAL LAWYERS 602 W. MAIN JACKSONVILLE, ARKANSAS 72076 _.,A,- ugust 28 , 2003 TELEPHONE: (501) 982-9411 FAX: (501) 982-9414 NEIL CHAMBERLIN / Mr. James W. Mc mack 402 ffice &amp; Courthouse 600 Ca ol Avenue Little R&amp;ck , AR 72201 - 3325 RE : In the United States District Court , Eastern District of Arkansas , Little Rock Division , Little Rock School District v . Pulaski County Special School District no. 1 , et al. , Katherine Knight , et al ., Greg Bollen , et al ., Case No . 4 : 82CV00866 WRW/JTR Dear/~ . McCormack : Enclosed are an original and .two copies of an Order of Transcripts Pursuant to Rule 10 of the Federal Rules of Appellate Procedure in the above- referenced case. Please fil e this pleading and return file-marked copies to me in the encl osed self- addressed , stamped envelope . Thank you for your attention to this TWB : ab Enclosure(s) cc: Elaine Hinson Greg Bollen Sam Jones Scott Smith Chris Heller John Walker Mark Burnette Stephen Jones / Ann Marshall Karla Burnett Tim Gauger ( Regards , RECEIVED r::P 2 2003 OFFICE OF DESEGREGATION MONITORING UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT LITTLE ROCK SCHOOL DISTRICT V. No. 03-3088 PLAINTIFF PULASKI COUNTY SPECIAL SCHOOL DEFENDANTS (APPELLEES) DISTRICT NO. 1, ET AL. MRS. LORENE JOSHUA, ET AL. INTERVENORS KA THERINE KNIGHT, ET AL. INTERVENORS GREG BOLLEN, JAMES BOLDEN, MARTHA WHATLEY AND SUE ANN WHISKER INTERVENORS/MOV ANTS (APPELLANTS) CORPORATE DISCLOSURE STATEMENT Appellants, Greg Bollen, James Bolden, Martha Whatley and Sue Ann Whisker, are not a - corporate entity and do not have any parent corporation. Appellants file this statement to comply with Rule 26. l of the Federal Rules of Appellate Procedure and 26. l A of the Eighth Circuit Rules. Respectfully Submitted, Bond &amp; Chamberlin Attorneys for Plaintiff 602 West Main Street Jacksonville, AR 72076 Telephone (501) 982-9 1 Telefax (501) 982-941 By: CERTIFICATE OF SERVICE I, Will Bond, do hereby certify that I have served a copy of the foregoing pleading by United States Mail, addr;;&gt;s;:911~uch attorney or party with sufficient prepaid postage to ensure first-class delivery this p..t aay of August, 2003: Mr. Sam Jones Wright, Lindsey &amp; Jennings, LLP 200 W. Capitol, Ste. 2300 Little Rock, AR 72201-3699 Scott Smith State Department of Education #4 Capitol Mall Little Rock, AR 72201 Mr. Christopher Heller Friday, Eldredge &amp; Clark, LLP 2000 Regions Center 400 W. Capitol Little Rock, AR 72201 John W. Walker P.A. 1723 S. Broadway Little Rock, AR 72206 Mr. Mark Burnette Mitchell, Blackstock, Barnes, Wagoner, Ivers &amp; Sneddon 1010 W. Third Street Little Rock, AR Mr. Stephen Jones Jack, Lyon &amp; Jones, P.A. 3400 TCBY Tower 425 West Capitol Avenue Little Rock, AR.72201 Telephone (501)375-1122 Ann Marshall Office of Desegregation Monitoring 1 Union National Plaza 124 W. Capitol, Suite 1895 - Little Rock, AR 72201 2 Ms. Karla Burnett Suite 400, 201 South Broadway Little Rock, AR 72201 Tim Gauger Senior Assistant Attorney General 323 Center Street Suite 200 Little Rock, AR 72201-2610 By: 3 WI LL BOND NEIL CHAMBERLIN Michael E. Gans~ Clerk BOND &amp; CHAMBERLIN TRIAL LAWYERS 602 W. MAIN JACKSONVILLE, ARKANSAS 72076 August 28 , 2003 Eighth Circui Court of Appeals 24 . 329 s F. Eagleton U.S . Courthouse 111 S . Street St. Lo s , MO 63101 (314) 244 - 2400 TELEPHONE: (501) 982-9411 FAX: (501) 982-9414 RECEIVED SEP 2 - 2003 OFACEOF DESEGREGATION MONITORING RE : United States Court of Appeals for the 8th Circuit , Case No . 03 - 3088 Dear Mr . Gans : Enclosed are an original and five copies of a Corporate Disclosure Statement in the above- referenced case . Please file and return file - marked copies to me in the enclosed self-addressed , stamped envelope . Thank you for your attention to this matter . Regards , TWB : ab Enclosure(s) Michael E. Gans August 20 , 2003 Page Two cc: Greg Bollen Sam Jones Scott Smith Christopher Heller John W. Walker P .A. Mark Burnette Stephen Jones Ann Marshall Karla Burnett FILED US DISTRICT COURT EAST!:~,;. DISTRICT AF!KA~JSAS IN THE UNITED STATES DISTRICT COURT AUG 2 9 2003" EASTERN DISTRICT OF ARKANSAS LITTLE ROCK DMSION JAMES W. McCORMACK, CLERK 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 By: DEP CLERK PLAINTIFF DEFENDANTS INTERVENORS INTERVENORS Pending is Joshua Intervenors' Motion for Extension of Time (Doc. No. 3799) to submit a fee petition regarding PCSSD's Motion to Enforce Settlement Agree:ment. Joshua Intervenors' motion is GRANTED. IT IS SO ORDERED this 29th day of August, 2003. UN!WuS~WJIJ!lti Wm. R. WILSON, JR. TO: DATE: FAX COVER SHEET UNITED STATES DISTRICT COlURT EASTERN DISTRICT OF ARKANSAS Chris Heller Sam Jones Steve Jones Jolm Walker Timothy Gauger Mark Hagemeier Ann Marshall Mark Burnette Clay Fendley Will Bond Mike Wilson e-z..y.o-, Telephone: 501-604-5140 Fax Nwnber: 501-604 5149 376-2147 376-9442 375-1027 374-4187 682-2591 682-2591 371-0100 375-1940 907-9798 982-9414 982-9414 There are Z. pages, including this Cover Sheet, being sent by this facsimile transmission. MESSAGE SENT BY: ?""'t:~~9~-- Office of Judge Wm. R. W~ U.S. District Court 600 West Capitol, Room 423 Little Rock, Arkansas 72201 Matt Morgan, LRSD Law Clerk 501-604-5141 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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