Court filings regarding Arkansas Department of Education (ADE) project management tool, memorandum of authority, and Pulaski County Special School District's (PCSSD's) response to motion.

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<dcterms_description>Court filings: District Court, notice of filing, Arkansas Department of Education (ADE) project management tool; District Court, motion; District Court, memorandum of authority; District Court, Pulaski County Special School District's (PCSSD's) response to motion; District Court, memorandum in support of Pulaski County Special School District's (PCSSD's) response to motion; District Court, order; District Court, correction of order; District Court, notice of electronic filing, order; 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. ARKAN SAS DEPARTM ENT OF Dr. T. Kenneth James, Commissioner --Edacati1fn-4 State.Capitol Mall----- Little Rock,.AR. 72201,.107-1 (501) 682-4475 http://ArkansasEd.org October 31, 2007 Mr. Christopher Heller Friday, Eldredge &amp; Clark 400 West Capitol, Suite 2000 Little Rock, AR 72201-3493 Mr. John W. Walker John Walker, P.A. 1723 Broadway Little Rock, AR 72206 Mr. Mark Burnette Mitchell, Blackstock, Barnes, Wagoner, Ivers &amp; Sneddon P. 0. Box 1510 Little Rock, AR 72203-1510 Office of Desegregation Monitoring One Union National Plaza 124 West Capitol, Suite 1895 Little Rock, AR 72201 Mr. Stephen W. Jones Jack, Lyon &amp; Jones 425 West Capitol, Suite 3400 Little Rock, AR 72201 Mr. M. Samuel Jones III RECEIVED NOV 2 - 2007 OFFICE OF IISmRWT~ Mmfil11f!1mllE Mitchell, Williams, Selig, Gates &amp; Woodyard 425 West_ Capitol A venue, Suite 1800 Little Rock, AR 72201 RE: Little Rock School District v. Pulaski County Special School District, et al. U.S. District Court No. 4:82-CV-866 WRW Dear Gentlemen: 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 October 2007 in the above-referenced case. If you have any questions, please feel free to contact me at your convenience. JieR General Counsel Arkansas Department of Education SS:law cc: Scott Richardson, Attorney General's Office STATE BOARD OF EDUCATION: Chair: Diane Tatum, Pine Bluff Vice Chair: Randy Lawson, Bentonville Members: Sherry Burrow, Jonesboro Jim Cooper, Melbourne Dr. Calvin King, Marianna Dr. Tim Knight, Arkadelphia Dr. Ben Mays, Clinton Marylane Rebick, Little Rock Dr. Naccaman Williams, Springdale An Equal Opportunity Employer IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS WESTERN DIVISION RECEIVED NOV 2- 2007 LITTLE ROCK SCHOOL DISTRICT, ET AL V. NO. LR-C-82-866 WRW PULASKI COUNTY SPECIAL SCHOOL DISTRICT, ET AL MRS. LORENE JOSHUA, ET AL KATHERINE W. KNIGHT, ET AL PLAINTIFFS Off.lttf ~ Mimmmmtm DEFENDANTS INTERVENOR$ INTERVENOR$ 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 ADE'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 October 31 , 2007 eas'$1tmt@!imorma]on:avaiIrortr~gtemtrei?,S.oE2o_ogi ttretA0 EtcaI&amp;uIatec1ntm s:tatelfilJllnclaWJ=~orlj.YIOw.mno1m1tomeri iro'Kcsiaiwwt 8. 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. UNITED STATES bISTR.l:Ct COURT EASTERN DISTRICT OF ARKANSAS WESTERN DNISION LITTLE ROCK SCHOOL DISTRICT PLAINTIFF V. No. LR-C-82-866 WRW 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 AD E's Project Management Tool for October 2007. Respectfully Submitted, mith, Bar # 92251 General Counsel Arkansas Department of Education #4 Capitol Mall, Room 404-A Little Rock, AR 72201 501-682-4227 .,._ I .. CERTIFICATE OF SERVICE I, Scott Smith, certify that on October 31, 2007, 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. Christopher Heller Friday, Eldredge &amp; Clark 400 West Capitol, Suite 2000 Little Rock, AR 72201-3493 Mr. John W. Walker John Walker, P.A. 1 723 Broadway Little Rock, AR 72206 Mr. Mark Burnette Mitchell, Blackstock, Barnes Wagoner, Ivers &amp; Sneddon P. 0. Box 1510 Little Rock, AR 72203-1510 Office of Desegregation Monitoring One Union National Plaza 124 West Capitol, Suite 1895 Little Rock, AR 72201 Mr. Stephen W. Jones Jack, Lyon &amp; Jones 425 West Capitol, Suite 3400 Little Rock, AR 72201 Mr. M. Samuel Jones, III Mitchell, Williams, Selig, Gates &amp; Woodyard 425 West Capitol, Suite 1800 Little Rock, AR 72201 Page 1 of2 polly From: ecf_support@ared.uscourts.gov Sent: Thursday, November 01, 2007 3:48 PM To: ared_ecf@ared.uscourts.gov Subject: Activity in Case 4:82-cv-00866-WRW Little Rock School, et al v. Pulaski Cty School, et al Notice (Other) This is an automatic e-mail message generated by the CM/ECF system. ***NOTE TO PUBLIC ACCESS USERS*** You may view the fded documents once without charge. To avoid later charges, download a copy of each document during this first viewing. U.S. District Court Eastern District of Arkansas Notice of Electronic Filing The following transaction was entered on 11/1/2007 at 4:48 PM CDT and filed on 11/1/2007 Case Name: Little Rock School, et al v. Pulaski Cty School, et al Case Number: 4:82-cv-866 Filer: Arkansas Department of Education WARNING: CASE CLOSED on 01/26/1998 Document Number: 4161 Docket Text: NOTICE OF FILING ADE's Project Management Tool for October 2007 by Arkansas Department of Education ( dac) 4:82-cv-866 Notice has been electronically mailed to: Clayton R. Blackstock cblackstock@mbbwi.com Philip E. Kaplan pkaplan@williamsanderson.com, nmoler@williamsanderson.com Christopher J. Heller heller@fec.net, brendak@fec.net, tmiller@fec.net M. Samuel Jones, III sjones@mwsgw.com, aoverton@mwsgw.com Stephen W. Jones sjones@jlj.com, linda.calloway@jlj.com John W. Walker johnwalkeratty@aol.com, jspringer@gabrielmail.com, lorap72297@aol.com Mark Terry Burnette mburnette@mbbwi.com John Clayburn Fendley, Jr clayfendley@comcast.net, yeldnef@yahoo.com Scott P. Richardson scott.richardson@arkansasag.gov, agcivil@arkansasag.gov, danielle. williams@arkansasag.gov Office of Desegregation Monitor andreeroaf@odmemail.com, aroaf@seark.net, paramer@odmemail.com 4:82-cv-866 Notice has been delivered by other means to: Timothy Gerard Gauger Arkansas Attorney General's Office Catlett-Prien Tower Building 2/5/2008 323 Center Street Suite 200 Little Rock, AR 72201-2610 James M. Llewellyn , Jr Thompson &amp; Llewellyn, P.A. Post Office Box 818 Fort Smith, AR 72902-0818 William P. Thompson Thompson &amp; Llewellyn, P.A. Post Office Box 818 Fort Smith, AR 72902-0818 The following document(s) are associated with this transaction: Document description:Main Document Original filename:n/a Electronic document Stamp: [STAMP dcecfStamp_ID=1095794525 [Date=l 1/1/2007] [FileNumber=1031013-0 ] [2cla69filbc1165b8dcc0d02314a461bfcdb71a68d13811829e3b632229fd4b6858 be2e704b6d8ffl 428416598efil6896ef5929dl 132deb3bd453958975e7eb6]] 2/5/2008 Page 2 of2 Case 4:82-cv-00866-WRW Document 4161 Filed 11/01/2007 Page 3 of 3 UNITED STATE DISTRICT COURT EASTERN DISTRICT OF ARKANSAS Exhibits Attached to Original Document in Courts 's Case File Case 4:82-cv-00866-WRW Document 4162 Filed 11/16/2007 Page 1 of 3 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS WESTERN DMSION LITTLE ROCK SCHOOL DISTRICT No. 4:82CV00866-WRW /JTR PULASKI COUNTY SPECIAL SCHOOL DISTRICT NO. 1, et al., MRS. LORENE JOSHUA, et al. KATHERINE KNIGHT, et al. MOTION PLAINTIFF DEFENDANTS INTER VEN ORS INTER VEN ORS The Joshua Intervenors respectfully request the court to enter an order directing the Office - of Desegregation Monitoring (ODM) to review the Pulaski County Special School District student assignment plan and to make other reviews as may be necessary to determine the extent to which the PCSSD has complied with the prior orders of this court. On October 22, 2007, undersigned counsel informed the court of the PCS SD' s plans to build a replacement secondary facility in the Maumelle community. At that time, counsel brought to the court's attention that the proposed new facility may advantage certain students of higher socio economic level and disadvantage those, largely African American students, oflower socio economic status. Joshua also brought to the court's attention that the PCSSD appears to be in the process of recreating separate schools which may be largely unequal in terms of physical facilities, at the least, and that in order for the court to access this process, independently, the ODM should be requested to make inquiry into the subject. On October 29, 2007, the PCS SD filed a motion for unitary status. In that motion the district Case 4:82-cv-00866-WRW Document 4162 Filed 11/16/2007 Page 2 of 3 asserts that it has substantially complied with existing orders of the court and the Court of Appeals. The Eighth Circuit has directed the creation and utilization of the ODM in order to make appropriate and pertinent inquiries and to otherwise monitor compliance with respect to the commitments that the district has made in order to fully eliminate all vestiges of racial discrimination from the school system. The district has made its filing in part because it was induced, if not directed, by the Arkansas Legislature to seek unitary status. Whether the district is unitary is a judicial determination to be made upon consideration of any reports regarding the subject by the ODM and the evidence that it otherwise submitted by the parties regarding the subject. Joshua's earlier request for ODM monitoring and a report thereon is appropriate and will be helpful to the court when the court undertakes hearings on the subject. The primary monitor approved by the Court of Appeals, which has consistently been financed - by the defendant school districts and the State of Arkansas, is the Office of Desegregation Monitoring. Joshua submits that it is appropriate before this subject is heard by the court that the ODM review all aspects of the existing plans of the PCS SD and all of its school operations including comparative quality of facilities and make a monitoring report to the court in advance of such hearing. WHEREFORE, premises considered, the Joshua Intervenors respectfully move the court to direct the ODM to enter an overall appraisal pursuant to a comprehensive monitoring undertaking of the extent of compliance by the PCSSD which the existing plans of the district and that it include within such report a valuation and relative quality assessment of all of the facilities within the Pulaski County School District where students attend its schools. Respectfully submitted, .. . . "" Case 4:82-cv-00866-WRW Document 4162 Filed 11/16/2007 Page 3 of 3 Robert Pressman Attorney at Law 22 Locust A venue Lexington, MA 02421 (781) 862-1955 JOHN W. WALKER, P.A Attorney at Law 1723 Broadway Little Rock, Arkansas 72206 Tel: (501) 374-3758 Fax: (501) 374-4187 By: ls/John W. Walker John W. Walker, AR Bar No. 64046 CERTIFICATE OF SERVICE I, John W. Walker, certify that on this 17lh day of November, 2007, I electronically filed the foregoing paper with the Clerk of Court using the CM/ECF System, which will send notification of such filing to all counsel of record. Isl John W. Walker Page 1 of2 polly From: ecf_support@ared.uscourts.gov Sent: Friday, November 16, 2007 1 :55 PM To: ared_ecf@ared.uscourts.gov Subject: Activity in Case 4:82-cv-00866-WRW Little Rock School, et al v. Pulaski Cty School, et al Motion for Order This is an automatic e-mail message generated by the CM/ECF system. ***NOTE TO PUBLIC ACCESS USERS*** Judicial Conference of the United States policy permits attorneys of record and parties in a case to receive one free electronic copy of all documents filed electronically, if receipt is required by law or directed by the filer. PACER access fees apply to all other users. To avoid later charges, download a copy of each document during this first viewing. U.S. District Court Eastern District of Arkansas Notice of Electronic Filing The following transaction was entered by Walker, John on 11/16/2007 at 1 :55 PM CST and filed on 11/16/2007 Case Name: Case Number: Filer: Little Rock School, et al v. Pulaski Cty School, et al 4:82-cv-866 Leslie Joshua Stacy Joshua Wayne Joshua Lorene Joshua WARNING: CASE CLOSED on 01/26/1998 Document Number: 4162 Docket Text: MOTION for Order Regarding PCSSD's Plans by Lorene Joshua, Leslie Joshua, Stacy Joshua, Wayne Joshua (Walker, John) 4:82-cv-866 Notice has been electronically mailed to: Clayton R. Blackstock cblackstock@mbbwi.com Mark Terry Burnette mburnette@mbbwi.com John Clayburn Fendley, Jr clayfendley@comcast.net, yeldnef@yahoo.com - Christopher J. Heller heller@fec.net, brendak@fec.net, tmiller@fec.net M. Samuel Jones, III sjones@mwsgw.com, aoverton@mwsgw.com 2/12/2008 Stephen W. Jones sjones@jlj.com, linda.calloway@jlj.com Philip E. Kaplan pkaplan@williamsanderson.com, nmoler@williamsanderson.com Office of Desegregation Monitor andreeroaf@odmemail.com, aroaf@seark.net, paramer@odmemail.com Scott P. Richardson scott.richardson@arkansasag.gov, agcivil@arkansasag.gov, danielle.williams@arkansasag.gov Page 2 of2 John W. Walker johnwalkeratty@aol.com, jspringer@gabrielmail.com, lorap72297@aol.com 4:82-cv-866 Notice has been delivered by other means to: Timothy Gerard Gauger Arkansas Attorney General's Office Catlett-Prien Tower Building 323 Center Street Suite 200 Little Rock, AR 72201-2610 James M. Llewellyn , Jr Thompson &amp; Llewellyn, P.A. Post Office Box 818 Fort Smith, AR 72902-0818 William P. Thompson Thompson &amp; Llewellyn, P.A. Post Office Box 818 Fort Smith, AR 72902-0818 The following document(s) are associated with this transaction: Document description:Main Document Original filename:n/a Electronic document Stamp: [STAMP dcecfStamp_ID=1095794525 [Date=l 1/16/2007] [FileNumber=1040037- 0] [54a0bc539b60990a46a8b7ec6e2202ff0c738518f338620f9e5f1329b2e70ec947 c77e21e7848fcaf09be2bb85436db8e90ceab27fd67c787101d47227eace75]] 2/12/2008 Case 4:82-cv-00866-WRW Document 4163 Filed 11/16/2007 Page 1 of 2 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS WESTERN DMSION LITTLE ROCK SCHOOL DISTRICT No. 4:82CV00866-WRW /JTR PULASKI COUNTY SPECIAL SCHOOL DISTRICT NO. 1, et al., MRS. LORENE JOSHUA, et al. KATHERINE KNIGHT, et al. MEMORANDUM OF AUTHORITY PLAINTIFF DEFENDANTS INTER VEN ORS INTER VEN ORS The authority for the requested relief as set forth in the motion is found at Little Rock Sch. Dist. v. Pulaski Cty. Sp. S., 921 F.2d 1371 (8th Cir. 1990). The Court of Appeals and the district court have repeatedly recognized the authority, responsibility and duty of the ODM to monitor the plans of the parties as well as the actions of the State of Arkansas. The request being made by the Joshua Intervenors is made pursuant to that authority. The public interest will be served by the requested monitoring in advance of any judicial proceedings. Robert Pressman Attorney at Law 22 Locust A venue Lexington, MA 02421 (781) 862-1955 Respectfully submitted, JOHNW. WALKER,P.A Attorney at Law 1723 Broadway Little Rock, Arkansas 72206 Tel: (501) 374-3758 Fax: (501) 374-4187 By: ls/John W. Walker John W. Walker, AR Bar No. 64046 . ...... . ,, ...... Case 4:82-cv-00866-WRW Document 4163 Filed 11/16/2007 Page 2 of 2 CERTIFICATE OF SERVICE I, John W. Walker, certify that on this 17th day of November, 2007, I electronically filed the foregoing paper with the Clerk of Court using the CM/ECF System, which will send notification of such filing to all counsel of record. /s/ John W. Walker Page 1 of2 polly From: ecf_support@ared.uscourts.gov Sent: Friday, November 16, 2007 2:03 PM To: ared_ecf@ared.uscourts.gov Subject: Activity in Case 4:82-cv-00866-WRW Little Rock School, et al v. Pulaski Cty School, et al Brief in Support This is an automatic e-mail message generated by the CM/ECF system. ***NOTE TO PUBLIC ACCESS USERS*** Judicial Conference of the United States policy permits attorneys of record and parties in a case to receive one free electronic copy of all documents filed electronically, if receipt is required by law or directed by the filer. PACER access fees apply to all other users. To avoid later charges, download a copy of each document during this first viewing. Notice of Electronic Filing U.S. District Court Eastern District of Arkansas The following transaction was entered by Walker, John on 11/16/2007 at 2:03 PM CST and filed on 11/16/2007 Case Name: Case Number: Filer: Little Rock School, et al v. Pulaski Cty School, et al 4:82-cv-866 Leslie Joshua Stacy Joshua Wayne Joshua Lorene Joshua WARNING: CASE CLOSED on 01/26/1998 Document Number: 4163 Docket Text: BRIEF IN SUPPORT filed by Lorene Joshua, Leslie Joshua, Stacy Joshua, Wayne Joshua re [4162] Motion for Order Regarding PCSSD's Plans (Walker, John) 4:82-cv-866 Notice has been electronically mailed to: Clayton R. Blackstock cblackstock@mbbwi.com Mark Terry Burnette mburnette@mbbwi.com John Clayburn Fendley , Jr clayfendley@comcast.net, yeldnef@yahoo.com - Christopher J. Heller heller@fec.net, brendak@fec.net, tmiller@fec.net M. Samuel Jones , III sjones@mwsgw.com, aoverton@mwsgw.com 2/12/2008 Stephen W. Jones sjones@jlj.com, linda.calloway@jlj .com Philip E. Kaplan pkaplan@williamsanderson.com, nmoler@williamsanderson.com Office of Desegregation Monitor andreeroaf@odmemail.com, aroaf@seark.net, paramer@odmemail.com Scott P. Richardson scott.richardson@arkansasag.gov, agcivil@arkansasag.gov, danielle. williams@arkansasag.gov Page 2 of2 John W. Walker johnwalkeratty@aol.com, jspringer@gabrielmail.com, lorap72297@aol.com 4:82-cv-866 Notice has been delivered by other means to: Timothy Gerard Gauger Arkansas Attorney General's Office Catlett-Prien Tower Building 323 Center Street Suite 200 Little Rock, AR 72201-2610 James M. Llewellyn , Jr Thompson &amp; Llewellyn, P.A. Post Office Box 818 Fort Smith, AR 72902-0818 William P. Thompson Thompson &amp; Llewellyn, P.A. Post Office Box 818 Fort Smith, AR 72902-0818 The following document(s) are associated with this transaction: Document description:Main Document Original fdename:n/a Electronic document Stamp: [STAMP dcecfStamp_ID=1095794525 [Date=l 1/16/2007] [FileNumber=1040061- 0] [a77d50fb0f3d54f353e9ab6e795403d30480761abbb4dc8c913ce1369cf26e8128 9f7c3a8d6c86655940c36005af7cbe76ee40139e2fe8ab148ca7baa008b410]] 2/12/2008 ;i1aACJ'U..,... ~'j,L, c..,= Case 4:82-cv-00866-WRW Document 4164 Filed 11/16/2007 Page 1 of 12 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. PCSSD'S RESPONSE TO MOTION PLAINTIFF DEFENDANTS INTERVENORS INTER VEN ORS 1. On this day, November 16, 2007, Joshua filed a confusing "motion" that alternately seems to address the PCSSD's Motion for Unitary Status which was filed on October - 29, 2007, its plans to acquire a new location for Oak Grove High School next to Mamelle Middle School and a fairly rambling recitation of Joshua's view of the current role of the ODM and a request that the ODM evaluate PCSSD's plan compliance and facilities needs. 2. For the reasons set forth below, and because time is of the essence, this response primarily addresses that part of the Joshua motion, primarily. the second paragraph of the motion, regarding a replacement location for the antiquated Oak Grove High School. 3. The PCSSD will separately address other aspects of the Joshua motion in a separate response but in a timely fashion. A Brief History of the Current PCSSD Plan 4. Under previous incarnations of the PCS SD desegregation plans, fairly elaborate rules and tests applied to the selection of new school sites and court approval was specifically - required. Case 4:82-cv-00866-WRW Document 41.6 4 Filed 11/16/2007 Page 2 of 12 5. At the behest of the then presiding District Court Judge, the PCS SD jettisoned its cumbersome and comprehensive plan originally dating from 1992 and the PCSSD and Joshua negotiated a new plan, commonly known as Plan 2000. 6. Joshua and the PCSSD jointly presented the Plan for Court approval and it was duly approved and went into effect during 2000. 7. Many of the previous requirements were removed from the Plan. For instance, there is no longer any section regarding site requirements or court approval for new schools. Rather, the Plan simply states: H. School Facilities (3) The PCSSD shall notify the Joshua Intervenors of plans for constructing new schools and for adding capacity to existing schools. The notice shall identify the capacity of the proposed facility, the area of the system to be served, and the projected impact on the racial make-up of the students in each school expected to be affected by the new construction. The Joshua Intervenors shall have a period of 14 days in which to provide input concerning each such proposal. The Status of the Cunent Maumelle Site 8. The Maumelle School site was selected by a bi-racial committee of patrons from the affected areas and the vote of that committee was unanimous to select the site next door to the current Maumelle Middle School as a replacement for the ancient Oak Grove High School. 9. Pursuant to Plan 2000, counsel for Joshua was duly notified on September 7, 2007. (See Exhibit A). Accordingly, it was the PCSSD which informed the Court on September 7, 2007, of its plans to acquire the Maumelle site for the new Oak Grove High School. Joshua's cu1Tent assertion that it was Joshua which so notified the Court on October 22, 2007, is erroneous and the date of Joshua's letter does not comply with the time constraints mentioned and agreed to in Plan 2000. 2 Case 4:82-cv-00866-WRW Document 4164 Filed 11/16/2007 Page 3 of 12 1 O. . Joshua is asking the Court to order the ODM to study this site. It is respectfully submitted that the purpose of the ODM is to monitor Plan compliance. It cannot be disputed that PCS SD complied with the Plan by formally advising Joshua of the site selected. 11. A copy of the letter from counsel for Joshua dated October 22, 2007, is attached as Exhibit B. The Jacksonville issue referred to in the letter arises from legislation passed in the most recent legislative session which might result in a proposal to create a new Jacksonville School District. However, this has absolutely nothing to do with the plans for a new school in Maumelle. 12. As we explained in our initial letter, the entire student body for the new Maumelle school would matriculate from the Maumelle Middle School which draws its students from the Oak Grove area, M-to-M transfer students from Litt!~ Rock and Maumelle which is rapidly increasing its black population. Indeed, the current enrollment for Maumelle Middle School is approximately 44% African American. 13. Accordingly, there is no burden issue to study or discuss. Oak Grove, Maumelle and transfer students from Little Rock are simply not involved in any shape, form or fashion in the calculous that may or may not lead to a Jacksonville School District, as contended in Joshua's letter of October 22, 2007. 14. The Oak Grove community is on the west side of Camp Robinson which forms a land barrier between that northwestern part of the PCS SD and the northwestern part which commences in the Gravel Ridge/Sherwood area and extends on over into Jacksonville. . f 15. The status of Oak Grove High School has previously been assessed both by the State and the PCSSD's own studies. Each study has concluded that it should be closed and a new school built. Again, in the final analysis, the question should be: "What does Plan 2000 require?" It requires notice to Joshua. Notice was duly given on September 7, 2007. 45 days 3 Case 4:82-cv-00866-WRW Document 4164 Filed 11/16/2007 Page 4 of 12 passed before Joshua commented; the 14 days for comments specified in Plan 2000 expired not later than September 21 , 2007. Indeed, the Maumelle Middle School, from which this new school would draw its students, was not opposed by Joshua when it was selected and built several years ago. The schools would simply now be beside each other. The Current Status ~f the Property Acquisition 16. On November 15, 2007, the PCSSD received notification pursuant to the purchase contract that the sellers were invoking their right to close the Maumelle property transaction on or before December 15, 2007. Accordingly, time is of the essence. 17. This response is accompanied by a Memorandum Brief which more fully explains the PCSSD position. The PCSDD requests that a decision be accelerated by this Court denying the Joshua motion insofar as it seeks to block or delay the acquisition of the site for a new Maumelle High School which would serve a student body which is approximately 44% African American. WHEREFORE, the PCSSD prays for an order of this Court declaring that deciding and , selecting new school sites in the PCSSD, absent possible extraordinary circumstances which do not exist here and are not alleged here, are no longer subject to the scrutiny and micromanagement of this Court or of the ODM, and that the PCSSD is free to complete an orderly site selection process. Respectfully submitted, MITCHELL, WILLIAMS, SELIG, GATES &amp; WOODYARD, P.L.L.C. 425 West Capitol Avenue, Suite 1800 Little Rock, Arkansas 72201 (501) 688-8800 FAX: (501) 688-8807 Isl M. Samuel Jones. III M. Samuel Jones III (76060) E~mail: sjones@mwsgw.com 4 Case 4:82-cv-00866-WRW Document 4164 Filed 11/16/2007 Page 5 of 12 Attorneys for Pulaski County Special School District CERTIFICATE OF SERVICE I hereby certify that on November 16, 2007, I electronically filed the foregoing with the Clerk of Court using the CM/ECF system, which shall send notification of such filing to the following: Clayton R. Blackstock cblackstock@mbbwi.com Mark Terry Burnette mburnette@mbbwi.com John Clayburn Fendley , Jr clayfendley@comcast.net,yeldnef@yahoo.eom Christopher J. Heller heller@fec.net,tmiller@fec.net,brendak@fec.net M. Samuel Jones , III sjones@mwsgw.com,aoverton@mwsgw.com Stephen W. Jones sjones@jlj.com,linda.calloway@jlj.com Philip E. Kaplan pkaplan@williarnsanderson.com,nmoler@williamsanderson.com Office of Desegregation Monitor andreeroaf@odmemail.com,aroaf@seark.11et1paramer@odmemail.com Scott P. Richardson scott.richardson@arkansasag.gov ,agcivil@arkansasag.gov ,danielle. williams@arkansasag .gov John W. Walker johnwalkeratty@aol.com,1orap72297@aol.com.,jspringer@gabrielmail.com 5 I ,I Case 4:82-cv-00866-WRW Document 4164 Filed 11/16/2007 Page 6 of 12 . ' . / I certify that on November 16, 2007, I mailed the foregoing document and a copy of the Notice of Electronic Filing (NEF) by United States Postal Service to the following non CM/ECF participants: Judge J. Thomas Ray U.S. District Courthouse 600 West Capitol Avenue, Suite 149 Little Rock, Arkansas 72201 Isl M. Samuel Jones. III M. Samuel Jones, III Arkansas Bar No. 76060 Attorneys for Pulaski County Special School D,i stric' t MITCHELL, WILLIAMS, SELIG, GATES &amp; WOODY ARD, P.L.L.C. 425 West Capitol Avenue, Suite 1800 Little Rock, Arkansas 72201 (501) 688-8800 FAX: (501) 688-8807 E-Mail: sjones@mwsgw.com 6 Case 4:82-cv-00866-WRW Document 4164 Filed 11/16/2007 Page 7 of 12 EXHIBIT A Case 4:82-cv-00866-WRW Document 4164 - J LAW OFFICES Filed 11/16/2007 Page 8 of 12 . } MITCHELLWILLIAMS SELIG GATES WOODYARD PLLC M, SAMUEi. JONES, Ill DIREC't' PIAI.I sot C181-811 t 2 11:.,.MAILI a.JONll:8@MWSAW,COM VIA FACSIMILE and U.S. MAIL Mr. John Walker John Walker, P.A. 1723 Broadway Little Rock, Arkansas 72206 Re: PCSSD FaciHties Dear John: LITTLE ROCK ROGERS September 7, 2007 429 Wll!"aT CAP'ITOL AVCHUlt Bun t aoo UTTLIC FIOCK1 ARICA.HWA 7220t-382.1S Tl!Ll:~HONa: 801 888,.8800 FM BO 1-8888807 It is my understanding that the PCSSD has placed under contract 60.406 acres adjacent to the current Maumelle Middle School for the likely construction of a high school to replace the cunent Oak Grove High School facility. I say "likely" because the District is currently conducting the appropriate studies to confirm the suitability of the site for school construction. Pursuant to Section H-3 of Plan 2000 l am submitting this letter to give you the infonnation Plan 2000 requires, The facility, if constructed, would simply be the high school for the current Maumelle Middle School and its student body. You will recall that the Maumelle Middle School was constructed several years ago to replace Oak Grove Junior High School. There would be no proposed changes in geo codes or assignment areas to my knowledge. Stated another way, the new high school would serve the identical area currently served by the old Oak Grove High School and the same students who currently matriculate rrom Maumelle Middle School to Oak Grove High School would instead attend a new high school next door to them. Cas~ 4:82-cv-00866=W,RW Document 4164 Filed 1}1\612007 Page 9 of 12 a MITCHELL WILLIAMS W, SELIG GATES WOODYARD PLLC Mr. John Walker September 7, 2007 . Page2 Since no geo codes would be affected and the "area" would remain the same, the re location of the school should not have any impact on the racial makeup of the new high school or any of the feeder schools. I do not yet know if "capacity" has been studied or detennined. I am confident it will be sufficient to serve the existing student ~ody and it may be planned for some anticipated growth as well. Early next week I intend to ask for arid furnish to you copies of the actual contracts . including legal descriptions of the property and I wiJl ask about capacity and furnish any additional infonnation to you. If you have any questions, please do not hesitate to call. MSJ:ao cc: Honorable William R. Wilson Honorable J. Thomas Ray Mr. James Sharpe Dr. Brenda Bowles Cordially yours, MITCHELL, WILLIAMS, SELIG, GATES &amp; WOODYARD, P.L.L.C . . Samuel Jones, Ill Case 4:82-cv-00866-WRW Document 4164 Filed 11/16/2007 Page 10 of 12 EXHIBITB QCT.22,2007 10:38AM JOHN W WALKER PA Case 4:82-cv-00866-WRW Document 4164 Filed 11/16/2007 JOHN W. WAUUJR SHAWN CHILDS Mr. M Samuel Jones Mitchell Williams 425 Capitol Avenue, Suite 1800 Little Rock, Arkansas 72201 Re: PCSSl&gt; Dear Sam: JOHN W. WALKER, P.A. A'rJ'OP.NEY Arr LAW 1728 BMADWAY LlTTLB nooK, ARKANBAfl 72206 TE:LEPHONB (501) 874-3758 FAX (501) 874-4187 Email: johnwalkeratty@aol.com October 22, 2007 N0.393 P.2 Page 11 of 12 OPOOUNSEL !'!.OBERT McHENR'fi,F.A, DONNA J. McHENRY 8210 HiNlllill$0tl ROAD LrrTU!: ROCI$. ARlCANSAS 'ra310 PRON&amp;: ceot) S'lll-3426 PAX (601) 372,8428 Elllllll: mehen:yd@lswbell.net l write to oppose location of the proposed school in the Maumelle community. There are at least two reasons for Joshua's opposition. First. there is a pending proposal for deannexation of tenitory from PCSSD relating to the Jacksonville effort. There has not been an impact study or any other writing prepared regarding Jacksonville's possible, if not likely, withdrawal. Nor has there been a study to assess the burdens upon African American students who will still need a place to attend school. Will the proposed school increase travel times beyond the Sffl Circuit limit? What benefits will flow to all Afiican American students from the site_ i. e.,, is it an educationally sound or financial feasible plan. Second. PCSSD represents that it is on the verge of financial calamity. Where then or how will this matter be financed? And in face of the declining quality of e&gt;ther schools in poorer, more African American communities in PCSSD, what would be the relative physical equality between the schools. I can not approve the Taj Malull approach for the schools planned for Chenal and Maumelle while the other schools are left "separate and unequal." Not even~ would condone that. Finally, in view of the district's diSDlBl record with meeting its agreed upon desegregation obligations, I, by copy of this letter, request that the ODM make an appraisal of your plans before you go further. There is no motion pending. Accordingly. like you. I copy the Court. 10/22/2007 MON 11:08 [TX/RX NO 5126) ~002 OCT.22.2007 10:39AM JOHN W WALKER PA N0.393 P.3 Case 4:82-cv-00866-WRW Document 4164 Filed 11/16/2007 Page 12 of 12 JWW:js co: Judge Andre Roa( Office of Desegregation Monitoring Honorable Judge William "Bill" Wilson 10/22/2007 MON 11: 08 [TX/RX NO 5126 J ~ 003 Page 1 of2 polly From: ecf_support@ared.uscourts.gov Sent: Friday, November 16, 2007 3:48 PM To: ared_ecf@ared.uscourts.gov Subject: Activity in Case 4:82-cv-00866-WRW Little Rock School, et al v. Pulaski Cty School, et al Response to Motion This is an automatic e-mail message generated by the CM/ECF system. ***NOTE TO PUBLIC ACCESS USERS*** Judicial Conference of the United States policy permits attorneys of record and parties in a case to receive one free electronic copy of all documents filed electronically, if receipt is required by law or directed by the filer. PACER access fees apply to all other users. To avoid later charges, download a copy of each document during this first viewing. Notice of Electronic Filing U.S. District Court Eastern District of Arkansas The following transaction was entered by Jones, M. on 11/16/2007 at 3:48 PM CST and filed on 11/16/2007 Case Name: Little Rock School, et al v. Pulaski Cty School, et al Case Number: 4:82-cv-866 Filer: Pulaski County Special School District WARNING: CASE CLOSED on 01/26/1998 Document Number: 4164 Docket Text: RESPONSE to Motion re [4162] MOTION for Order Regarding PCSSD's Plans filed by Pulaski County Special School District. (Jones, M.) 4:82-cv-866 Notice has been electronically mailed to: Clayton R. Blackstock cblackstock@mbbwi.com Mark Terry Burnette mbumette@mbbwi.com John Clayburn Fendley, Jr clayfendley@comcast.net, yeldnef@yahoo.com Christopher J. Heller heller@fec.net, brendak@fec.net, trniller@fec.net M. Samuel Jones , III sjones@mwsgw.com, aoverton@mwsgw.com Stephen W. Jones sjones@jlj.com, linda.calloway@jlj.com Philip E. Kaplan pkaplan@williamsanderson.com, nmoler@williamsanderson.com 2/12/2008 Office of Desegregation Monitor andreeroaf@odmemail.com, aroaf@seark.net, paramer@odmemail.com Scott P. Richardson scott.richardson@arkansasag.gov, agcivil@arkansasag.gov, danielle.williams@arkansasag.gov Page 2 of2 John W. Walker johnwalkeratty@aol.com, jspringer@gabrielmail.com, lorap72297@aol.com 4:82-cv-866 Notice has been delivered by other means to: Timothy Gerard Gauger Arkansas Attorney General's Office Catlett-Prien Tower Building 323 Center Street Suite 200 Little Rock, AR 72201-2610 James M. Llewellyn , Jr Thompson &amp; Llewellyn, P.A. Post Office Box 818 Fort Smith, AR 72902-0818 William P. Thompson Thompson &amp; Llewellyn, P.A. Post Office Box 818 Fort Smith, AR 72902-0818 The following document(s) are associated with this transaction: Document description:Main Document Original fllename:n/a Electronic document Stamp: [STAMP dcecfStamp_ID=1095794525 [Date=l 1/16/2007] [FileNumber=1040280- 0] [ 43c60fl 4 f20a88b061 0e3fc3b6a621dce2ad2aff846373c8be0a883b40695ec2b9 72e4494ca50494a907605acf92d943a797cf312318914a541b0f0b132ecc82]] 2/12/2008 Case 4:82-cv-00866-WRW Document 4165 Filed 11/16/2007 Page 1 of 4 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. MEMORANDUM IN SUPPORT OF PCSSD'S RESPONSE TO MOTION PLAINTIFF DEFENDANTS INTERVENORS INTERVENORS This response incorporates Rule 57 of the Federal Rules of Civil Procedure to the extent declaratory relief might be appropriate under these circumstances. Indeed, as explained in the PCSSD respon~e\o the Joshua motion, on November 15, 2007, the PCSSD was informed by the sellers of the Maumelle property that they were exercising their right to schedule closing which they have now done specifying that closing should occur on or before December 15, 2007. Hence, the PCSSD is replying to the untimely Joshua motion on the day it was received. Contrary to the assertions of Joshua, ODM review and participation is not required under current circumstances. While it is absolutely true that the ODM is to monitor compliance with the parties' desegregation plans, there is nothing to "monitor" here beyond the simple question of did the PCS SD provide the notice of its school construction and site acquisition plans as required - by Plan 2000? The answer is clearly "yes" and is answered by the PCSSD letter to Joshua dated ., ' September 7, 2007, copies of which were mailed to the Comt and to the ODM. Joshua Case 4:82-cv-00866-WRW Document 4165 Filed 1111612007 Page 2 of 4 - acknowledges that it did not respond or "comment" until October 22, 2007, or far beyond the 14 day "window" for comment the parties agreed to in Plan 2000. Indeed, on October 25, 2007, the Court by letter directed Joshua to file a motion if it wished to pursue this matter. While this Court acted within three days, Joshua delayed another 22 days before serving a motion that, given its content concerning the site issue, could have been prepared and served by October 26, 2007. Accordingly, it is respectfully submittec,. l that.the Court should summarily and ' expeditiously enter its order denying at least that portion of Joshua's motion dated November 16, 2007, which would in any way delay the orderly process and the closing now scheduled for the new Maumelle school site which will host students currently attending Oak Grove High School. Respectfully submitted, MITCHELL, WILLIAMS, SELIG, GATES &amp; WOODYARD, P.L.L.C. 425 West Capitol Avenue, Suite 1800 Little Rock, Arkansas 72201 (501) 688-8800 FAX: (501) 688-8807 Isl M. Samuel Jones. III M. ~~uel Jones III (76060) E-mail: sjones@mwsgw.com Attorneys for Pulaski County Special School District 2 Case 4:82-cv-00866-WRW Document 4165 r Filed 11/16/2007 Page 3 of 4 CERTIFICATE OF SERVICE I hereby certify that on November 16, 2007, I electronically filed the foregoing with the Clerk of Comt using the CM/ECF system, which shall send notification of such filing to the following: Clayton R. Blackstock cblackstock@mbbwi.com Mark Terry Burnette mburnette@mbbwi.com John Clayburn Fendley, Jr clayfendley@comcast.net,yeldnef@yahoo.com Christopher J, Heller , heller@fec.net,tmiller@fec.net,brendak@fec.net M. Samuel Jones , III sjones@mwsgw.com,aoverton@mwsgw.com Stephen W, Jones sjones@j Ij .com,linda.calloway@j lj .com Philip E. Kaplan pkaplan@williamsanderson.com,nmoler@williamsanderson.com Office of Desegregation Monitor andreeroaf@odmemail.com,aroaf@seark.net,paramer@odmemail.com Scott P. Richardson scott.richardson@arkansasag.gov,agcivil@arkansasag.gov,danielle.williams@arkansasag .gov John W. Walker johnwalkeratty@aol.com,lorap72297@aol.com,jspringer@gabrielmail.com 3 .... Case 4:82-cv-00866-WRW Document 4165 Filed 11/16/2007 Page 4 of 4 I certify that on November 16, 2007, I mailed the foregoing document and a copy of the Notice of Electronic Filing (NEF) by United States Pqstal Service to the following non CM/ECF participants: Judge J. Thomas Ray U.S. District Courthouse 600 West Capitol Avenue, Suite 149 Little Rock, Arkansas 72201 Isl M. Samuel Jones, III M. Samuel Jones, III Arkansas Bar No. 76060 Attorneys for Pulaski County Special School District MITCHELL, WILLIAMS, SELIG, GATES &amp; WOODY ARD, P.L.L.C. 425 WtjstCapitol Avenue, Suite 1800 Littl~ Rock, Arkansas 72201 (501) 688-8800 FAX: (501) 688-8807 E-Mail: sjones@mwsgw.com ; I 4 Page 1 of2 polly From: ecf_support@ared.uscourts.gov Sent: Friday, November 16, 2007 3:52 PM To: ared_ecf@ared.uscourts.gov Subject: Activity in Case 4:82-cv-00866-WRW Little Rock School, et al v. Pulaski Cty School, et al Brief in Support This is an automatic e-mail message generated by the CM/ECF system. ***NOTE TO PUBLIC ACCESS USERS*** Judicial Conference of the United States policy permits attorneys of record and parties in a case to receive one free electronic copy of all documents filed electronically, if receipt is required by law or directed by the filer. PACER access fees apply to all other users. To avoid later charges, download a copy of each document during this first viewing. U.S. District Court Eastern District of Arkansas Notice of Electronic Filing The following transaction was entered by Jones, M. on 11/16/2007 at 3:51 PM CST and filed on 11/16/2007 Case Name: Little Rock School, et al v. Pulaski Cty School, et al Case Number: 4:82-cv-866 Filer: Pulaski County Special School District WARNING: CASE CLOSED on 01/26/1998 Document Number: 4165 Docket Text: BRIEF IN SUPPORT filed by Pulaski County Special School District re [4164] Response to Motion (Jones, M.) 4:82-cv-866 Notice has been electronically mailed to: Clayton R. Blackstock cblackstock@mbbwi.com Mark Terry Burnette mburnette@mbbwi.com John Clayburn Fendley, Jr clayfendley@comcast.net, yeldnef@yahoo.com Christopher J. Heller heller@fec.net, brendak@fec.net, tmiller@fec.net M. Samuel Jones , III sjones@mwsgw.com, aoverton@mwsgw.com Stephen W. Jones sjones@jlj.com, linda.calloway@jlj.com Philip E. Kaplan pkaplan@williamsanderson.com, nmoler@williamsanderson.com 2/12/2008 Office of Desegregation Monitor andreeroaf@odmemail.com, aroaf@seark.net, paramer@odmemail.com Scott P. Richardson scott.richardson@arkansasag.gov, agcivil@arkansasag.gov, danielle. williams@arkansasag.gov Page 2 of2 John W. Walker johnwalkeratty@aol.com, jspringer@gabrielmail.com, lorap72297@aol.com 4:82-cv-866 Notice has been delivered by other means to: Timothy Gerard Gauger Arkansas Attorney General's Office Catlett-Prien Tower Building 323 Center Street Suite 200 Little Rock, AR 72201-2610 James M. Llewellyn , Jr Thompson &amp; Llewellyn, P.A. Post Office Box 818 Fort Smith, AR 72902-0818 William P. Thompson Thompson &amp; Llewellyn, P.A. Post Office Box 818 Fort Smith, AR 72902-0818 The following document(s) are associated with this transaction: Document description:Main Document Original ftlename:n/a Electronic document Stamp: [STAMP dcecfStamp_ID=1095794525 [Date=ll/16/2007] [FileNumber=1040298- 0] [9975d85bb0bb56dd7036917b51541907475265f5252ebc71a4afd66ef56387ea8b b5al725fdb847645485e450e017f42120b153c45defdc50b065a14cdd8c067]] 2/12/2008 Case 4:82-cv-00866-WRW Document 4166 Filed 11/16/2007 Page 1 of 1 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS WESTERN DIVISION LITTLE ROCK SCHOOL DISTRICT V. No. 4:82CV00866-WRW IJTR PULASKI COUNTY SPECIAL SCHOOL DISTRICT NO. 1, et al., MRS. LORENE JOSHUA, et al. KATHERINE KNIGHT, et al. ORDER PLAINTIFF DEFENDANTS INTER VEN ORS INTER VEN ORS Joshua's Motion for Order Regarding PCSSD's Plan (Doc. No. 4162) has been carefully reviewed, and is DENIED. IT IS SO ORDERED this 16th day ofNovember, 2007. Isl Wm. R.Wilson,Jr. UNITED ST ATES DISTRICT JUDGE Page 1 of2 polly From: ecf_support@ared.uscourts.gov Sent: Friday, November 16, 2007 4:18 PM To: ared_ecf@ared.uscourts.gov Subject: Activity in Case 4:82-cv-00866-WRW Little Rock School, et al v. Pulaski Cty School, et al Order on Motion for Order This is an automatic e-mail message generated by the CM/ECF system. ***NOTE TO PUBLIC ACCESS USERS*** Judicial Conference of the United States policy permits attorneys of record and parties in a case to receive one free electronic copy of all documents filed electronically, if receipt is required by law or directed by the filer. PACER access fees apply to all other users. To avoid later charges, download a copy of each document during this first viewing. Notice of Electronic Filing U.S. District Court Eastern District of Arkansas The following transaction was entered on 11/16/2007 at 4: 17 PM CST and filed on 11/16/2007 Case Name: Little Rock School, et al v. Pulaski Cty School, et al Case Number: 4:82-cv-866 Filer: WARNING: CASE CLOSED on 01/26/1998 Document Number: 4166 Docket Text: ORDER denying [4162] Motion for Order Regarding PCSSD's Plan. Signed by Judge William R. Wilson, Jr on 11/16/07. (dac) 4:82-cv-866 Notice has been electronically mailed to: Clayton R. Blackstock cblackstock@mbbwi.com Philip E. Kaplan pkaplan@williamsanderson.com, nmoler@williamsanderson.com Christopher J. Heller heller@fec.net, brendak@fec.net, tmiller@fec.net M. Samuel Jones, III sjones@mwsgw.com, aoverton@mwsgw.com Stephen W. Jones sjones@jlj.com, linda.calloway@jlj.com John W. Walker johnwalkeratty@aol.com, jspringer@gabrielmail.com, lorap72297@aol.com Mark Terry Burnette mburnette@mbbwi.com 2/12/2008 John Clayburn Fendley, Jr clayfendley@comcast.net, yeldnef@yahoo.com Scott P. Richardson scott.richardson@arkansasag.gov, agcivil@arkansasag.gov, danielle. williams@arkansasag.gov Office of Desegregation Monitor andreeroaf@odmemail.com, aroaf@seark.net, paramer@odmemail.com 4:82-cv-866 Notice has been delivered by other means to: Timothy Gerard Gauger Arkansas Attorney General's Office Catlett-Prien Tower Building 323 Center Street Suite 200 Little Rock, AR 72201-2610 James M. Llewellyn , Jr Thompson &amp; Llewellyn, P.A. Post Office Box 818 Fort Smith, AR 72902-0818 William P. Thompson Thompson &amp; Llewellyn, P.A. Post Office Box 818 - Fort Smith, AR 72902-0818 The following document(s) are associated with this transaction: Document description:Main Document Original filename:n/a Electronic document Stamp: [STAMP dcecfStamp_ID=1095794525 [Date=l 1/16/2007] [FileNumber=1040407- 0] [00b62beb01e411a5c248clla289b93447clb58a6145cf85d7875f7ed062ea7d27a blfdlf0e07f249f867e9727714633d8522blf04690a724d157895426299627]] 2/12/2008 Page 2 of2 Case 4:82-cv-00866-WRW Document 4168 Filed 11/19/2007 Page 1 of 1 JOHN W. WALKER, P.A. ATIORNEY AT LAW 1723 BROADWAY 1rITLE ROCK, ARKANSAS 72206 TELEPHONE (501) 374-3758 FAX (501) 374-4187 JOHN W. WALKER SHAWN CHILDS Email: johnwalkeratty@aol.com Honorable Judge William R. Wilson United States District Court 500 West Capitol, Suite 0444 Little Rock, Arkansas 72201 November 19, 2007 OF COUNSEL ROBERT McHENRY, P.A. DONNA J. McHENRY 8210 HE:-IDERSON ROAD LITIU: ROCK, ARKA.~SAS 72210 PHo:,iE: (501) 372-3425 FAX (501) 372-3428 Email: mchenryd@swbell.net Re: Little Rock School District v. Pulaski County School District, et al. Case No. 4:82CV822 Dear Judge Wilson: My letter/motion to you dated October 5, 2007 contai11ed an error regarding Joshua's response time to NLRSD's Petition dated September 21, 2007. This request should have been until December 20, 2007 rather than November 20, 2007. See page 15 ofNLRSD's brief May the Court's order of October 25, 2007 be amended to reflect December 20, 2007 as the due date ofJoshua's resposne? Thank you for your consideration. JWW:js cc: Other Counsel of Record Office of Desegregation Monitoring Page 1 of2 polly From: ecf _ support@ared. uscou rts.gov Sent: Monday, November 19, 2007 9:40 AM To: ared_ecf@ared.uscourts.gov Subject: Activity in Case 4:82-cv-00866-WRW Little Rock School, et al v. Pulaski Cty School, et al Motion to Extend Time This is an automatic e-mail message generated by the CM/ECF system. ***NOTE TO PUBLIC ACCESS USERS*** Judicial Conference of the United States policy permits attorneys of record and parties in a case to receive one free electronic copy of all documents filed electronically, if receipt is required by law or directed by the filer. PACER access fees apply to all other users. To avoid later charges, download a copy of each document during this first viewing. U.S. District Court Eastern District of Arkansas Notice of Electronic Filing The following transaction was entered by Walker, John on 11/19/2007 at 9:40 AM CST and filed on 11/19/2007 Case Name: Little Rock School, et al v. Pulaski Cty School, et al Case Number: 4:82-cv-866 Filer: Lorene Joshua WARNING: CASE CLOSED on 01/26/1998 Document Number: 4168 Docket Text: MOTION to Extend Time For Response to NLRSD's Petition for Declaration of Unitary Status and Release from Court Supervision by Lorene Joshua (Walker, John) 4:82-cv-866 Notice has been electronically mailed to: Clayton R. Blackstock cblackstock@mbbwi.com Mark Terry Burnette mburnette@mbbwi.com John Clayburn Fendley, Jr clayfendley@comcast.net, yeldnef@yahoo.com Christopher J. Heller heller@fec.net, brendak@fec.net, tmiller@fec.net M. Samuel Jones , III sjones@mwsgw.com, aoverton@mwsgw.com Stephen W. Jones sjones@jlj.com, linda.calloway@jlj.com Philip E. Kaplan pkaplan@williamsanderson.com, nmoler@williamsanderson.com 2/12/2008 Office of Desegregation Monitor andreeroaf@odmemail.com, aroaf@seark.net, paramer@odmemail.com Scott P. Richardson scott.richardson@arkansasag.gov, agcivil@arkansasag.gov, danielle.williams@arkansasag.gov Page 2 of2 John W. Walker johnwalkeratty@aol.com, jspringer@gabrielmail.com, lorap72297@aol.com 4:82-cv-866 Notice has been delivered by other means to: Timothy Gerard Gauger Arkansas Attorney General's Office Catlett-Prien Tower Building 323 Center Street Suite 200 Little Rock, AR 72201-2610 James M. Llewellyn , Jr Thompson &amp; Llewellyn, P.A. Post Office Box 818 Fort Smith, AR 72902-0818 William P. Thompson Thompson &amp; Llewellyn, P.A. Post Office Box 818 Fort Smith, AR 72902-0818 The following document(s) are associated with this transaction: Document description:Main Document Original ftlename:n/a Electronic document Stamp: [STAMP dcecfStamp_ID=1095794525 [Date=l 1/19/2007] [FileNumber=1040773- 0] [436ee87e1261b6e599e7393c50e7a0e7ab7a4f8a282951calc6eb4fd268a693631 al 4b7fl 6099d93 8d3c64936c65694bf6691 c0ec241aaaf6884eddfe9750620]] 2/12/2008 . ,, Page 1 of2 polly From: ecf_support@ared.uscourts.gov Sent: Monday, November 19, 2007 10:30 AM To: ared_ecf@ared.uscourts.gov Subject: Activity in Case 4:82-cv-00866-WRW Little Rock School, et al v. Pulaski Cty School, et al Order on Motion to Extend Time This is an automatic e-mail message generated by the CM/ECF system. ***NOTE TO PUBLIC ACCESS USERS*** Judicial Conference of the United States policy permits attorneys of record and parties in a case to receive one free electronic copy of all documents ftled electronically, if receipt is required by law or directed by the filer. PACER access fees apply to all other users. To avoid later charges, download a copy of each document during this first viewing. U.S. District Court Eastern District of Arkansas Notice of Electronic Filing The following transaction was entered on 11/19/2007 at 10:29 AM CST and filed on 11/19/2007 Case Name: Little Rock School, et al v. Pulaski Cty School, et al Case Number: 4:82-cv-866 Filer: WARNING: CASE CLOSED on 01/26/1998 Document Number: 4169(No document attached) Docket Text: (This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER granting [4168] Joshua's Unopposed Motion to Extend Time to File Response. Accordingly, Joshua's response must be filed by 5 p.m., Thursday, December 20, 2007. Signed by Judge William R. Wilson, Jr on 11/19/07. (dmm) 4:82-cv-866 Notice has been electronically mailed to: Clayton R. Blackstock cblackstock@mbbwi.com Philip E. Kaplan pkaplan@williamsanderson.com, nmoler@williamsanderson.com Christopher J. Heller heller@fec.net, brendak@fec.net, tmiller@fec.net M. Samuel Jones, III sjones@mwsgw.com, aoverton@mwsgw.com Stephen W. Jones sjones@jlj.com, linda.calloway@jlj.com John W. Walker johnwalkeratty@aol.com, jspringer@gabrielmail.com, lorap72297@aol.com 11/19/2007 Mark Terry Burnette mburnette@mbbwi.com - John Clayburn Fendley, Jr clayfendley@comcast.net, yeldnef@yahoo.com Scott P. Richardson scott.richardson@arkansasag.gov, agcivil@arkansasag.gov, danielle. williams@arkansasag.gov Office of Desegregation Monitor andreeroaf@odmemail.com, aroaf@seark.net, paramer@odmemail.com 4:82-cv-866 Notice has been delivered by other means to: Timothy Gerard Gauger Arkansas Attorney General's Office Catlett-Prien Tower Building 323 Center Street Suite 200 Little Rock, AR 72201-2610 James M. Llewellyn , Jr Thompson &amp; Llewellyn, P.A. Post Office Box 818 Fort Smith, AR 72902-0818 William P. Thompson Thompson &amp; Llewellyn, P.A. Post Office Box 818 Fort Smith, AR 72902-0818 11/19/2007 Page 2 of2 l(Je, '/170 ARKAN SAS DEPARTMENT OF Or. T. Kenneth James, Commissioner .Educatilf n 4 State Capitol Mall Little Rock, AR 72201-1071 (501) 682-4475 http://ArkansasEd.org November 28, 2007 Mr. Christopher Heller Friday, Eldredge &amp; Clark 400 West Capitol, Suite 2000 Little Rock, AR 72201-3493 Mr. John W. Walker John Walker, P.A. 1 723 Broadway Little Rock, AR 72206 Mr. Mark Burnette Office of Desegregation Monitoring One Union National Plaza 124 West Capitol, Suite 1895 Little Rock, AR 72201 Mr. Stephen W. Jones Jack, Lyon &amp; Jones 425 West Capitol, Suite 3400 Little Rock, AR 72201 Mr. M. Samuel Jones III RECE VEIJ NOV~ 2007 OFF/Cf OF DESEGREGATION MONITORING Mitchell, Blackstock, Barnes, Wagoner, Ivers &amp; Sneddon Mitchell, Williams, Selig, Gates &amp; Woodyard 425 West Capitol Avenue, Suite 1800 P. 0. Box 1510 Little Rock, AR 72201 Little Rock, AR 72203-1510 RE: Little Rock School District v. Pulaski County Special School District, et al. US. District Court No. 4:82-CV-866 WR W Dear Gentlemen: 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 November 2007 in the above-referenced case. If you have any questions, please feel free to contact me at your convenience. Siu;iiA ~~:1mith General Counsel Arkansas Department of Education SS:law cc: Scott Richardson, Attorney General 's Office STATE BOARD OF EDUCATION: Chair: Diane Tatum, Pine Bluff Vice Chair: Randy Lawson, Bentonville Members: Sherry Burrow, Jonesboro Jim Cooper, Melbourne Dr. Calvin King, Marianna Dr. Tim Knight, Arkadelphia Dr. Ben Mays, Clinton MaryJane Rebick, Little Rock Dr. Naccaman Williams, Springdale An Equal Opportunity Employer UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS WESTERN DNISION LITTLE ROCK SCHOOL DISTRICT PLAINTIFF V. No. LR-C-82-866 WRW 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 AD E's Project Management Tool for November 2007. Respectfully Submitted, 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 November 28, 2007, 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. Christopher Heller Friday, Eldredge &amp; Clark 400 West Capitol, Suite 2000 Little Rock, AR 72201-3493 Mr. John W. Walker John Walker, P.A. 1723 Broadway Little Rock, AR 72206 Mr. Mark Burnette Mitchell, Blackstock, Barnes Wagoner, Ivers &amp; Sneddon P. 0 . Box 1510 Little Rock, AR 72203-1510 Office of Desegregation Monitoring One Union National Plaza 124 West Capitol, Suite 1895 Little Rock, AR 72201 Mr. Stephen W. Jones Jack, Lyon &amp; Jones 425 West Capitol, Suite 3400 Little Rock, AR 72201 Mr. M. Samuel Jones, III Mitchell, Williams, Selig, Gates &amp; Woodyard 425 West Capitol, Suite 1800 Little Rock, AR 72201 IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS WESTERN DIVISION REC IVED NOV 3 O 2007 OFFICE OF DESEGREGATION MONITORING LITTLE ROCK SCHOOL DISTRICT, ET AL PLAINTIFFS V. NO. LR-C-82-866 WRW "PULASKI COUNTY SPECIAL SCHOOL DISTRICT, ET AL DEFENDANTS MRS. LORENE JOSHUA, ET AL INTERVENOR$ KATHERINE W. KNIGHT, ET AL INTERVENORS ADE'S PROJECT MANAGEMENT TOOL In compliance with the Court's Order of December 10, 1993, the Arkansas Department of . . . .:ducation (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 ADE's progress against timelines presented in the Plan. - 1MPLEMENTATION 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 November 30, 2007 ff 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. Page 1 of3 polly From: ecf_support@ared.uscourts.gov Sent: Wednesday, November 28, 2007 2:55 PM To: ared_ecf@ared.uscourts.gov Subject: Activity in Case 4:82-cv-00866-WRW Little Rock School, et al v. Pulaski Cty School, et al Notice (Other) This is an automatic e-mail message generated by the CM/ECF system. ***NOTE TO PUBLIC ACCESS USERS*** Judicial Conference of the United States policy permits attorneys of record and parties in a case to receive one free electronic copy of all documents filed electronically, if receipt is required by law or directed by the filer. PACER access fees apply to all other users. To avoid later charges, download a copy of each document during this first viewing. U.S. District Court Eastern District of Arkansas Notice of Electronic Filing The following transaction was entered on 11/28/2007 at 2:55 PM CST and filed on 11/28/2007 Case Name: Little Rock School, et al v. Pulaski Cty School, et al Case Number: 4:82-cv-866 Filer: Arkansas Department of Education WARNING: CASE CLOSED on 01/26/1998 Document Number: 4170 Docket Text: NOTICE Of Filing by Arkansas Department of Education of the ADE's Project Management Tool for November 2007.(mkf) 4:82-cv-866 Notice has been electronically mailed to: H. William Allen (Terminated) hwallen@allenlawfirmpc.com, njjackson@allenlawfirmpc.com Clayton R. Blackstock cblackstock@mbbwi.com Philip E. Kaplan pkaplan@williamsanderson.com, nmoler@williamsanderson.com Stephen L. Curry (Terminated) scurry@aristotle.net John T. Lavey (Terminated) jlavey@laveyandburnett.com, jsmith@laveyandburnett.com Philip K. Lyon (Terminated) pklyon@jljnash.com Christopher J. Heller heller@fec.net, brendak@fec.net, tmiller@fec.net 2/12/2008 M. Samuel Jones, III sjones@mwsgw.com, aoverton@mwsgw.com - Stephen W. Jones sjones@jlj.com, linda.calloway@jlj.com Richard W. Roachell (Terminated) rroachell@aol.com, schoollaw@msn.com William H. Trice, III (Terminated) btrice@hfc-law.com Page 2 of3 John W. Walker johnwalkeratty@aol.com, jspringer@gabrielmail.com, lorap72297@aol.com Mark Terry Burnette mburnette@mbbwi.com Sharon Carden Streett (Terminated) scstreett@comcast.net John Clayburn Fendley, Jr clayfendley@comcast.net, yeldnef@yahoo.com Will Bond (Terminated) will@mcmathlaw.com, tasha@mcmathlaw.com Mark Arnold Hagemeier (Terminated) rnhagemeier@uasys.edu, tsmith@uasys.edu Scott P. Richardson scott.richardson@arkansasag.gov, agcivil@arkansasag.gov, danielle. williams@arkansasag.gov Office of Desegregation Monitor andreeroaf@odmemail.com, aroaf@seark.net, paramer@odmemail.com 4:82-cv-866 Notice has been delivered by other means to: Timothy Gerard Gauger Arkansas Attorney General's Office Catlett-Prien Tower Building 323 Center Street Suite 200 Little Rock, AR 72201-2610 James M. Llewellyn , Jr Thompson &amp; Llewellyn, P.A. Post Office Box 818 Fort Smith, AR 72902-0818 William P. Thompson Thompson &amp; Llewellyn, P.A. Post Office Box 818 Fort Smith, AR 72902-0818 The following document(s) are associated with this transaction: Document description:Main Document Original filename:n/a Electronic document Stamp: [STAMP dcecfStamp_ID=1095794525 [Date=l 1/28/2007] [FileNumber=1047366- 2/12/2008 0] [2ee7c37470f73a48aa9412a4ca14ae7496c4a9bc5a49d9e8f3a0016a088b93c22d e68b7ca7265aecae26alb8ba299eec5089d09c03013f9f31fdd94a1561aee3]] 2/12/2008 Page 3 of 3 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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