Lancaster v. Guess

1:09-cv-01056-SOH | W.D. Ark. | Jul 26, 2010

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Case 1:09-cv-01056-SOH Document 19 Filed 07/26/10 Page 1 of 2 PageID #: 125 UNITED STATES DISTRICT COURT F'OR THE WESTERN DISTRICT OF ARKANSAS EL DORADO DIVISION DOUGLAS LAIICASTER and DENISE LANCASTER, INDIVIDUALLY AND AS THE NATURAL PARENTS AND LEGAL GUARDIANS OF RACHEL LAIICASTE& A MINOR PLAINTIFFS NO.09-CV-10s6 v. DR. JERRY GUESS IN HIS CAPACITY AS SUPERINTENDENT OF CAMDEN FAIRVIEW SCHOOL DISTRICT NO 16: AND CARY BENNETT, PHIL FOSTER, WILLIAM McCOY, EDDIE MOORE, MACON PATTON, TOMMY RAINES AND CLIFFORD STEELMAN IN THEIR CAPACITIES AS MEMBERS OF THE BOARD OF DIRECTORS OF CAMDEN- FAIRVIEW SCHOOL DISTRICT NO. 16: HARMONY GROVE SCHOOL DISTRICT DEFENDANTS

ORDER Before the Court is the joint motion of the parties to dismiss this action. Upon consideration the Court finds and concludes: 1. The plaintiffs' complaint is dismissed with prejudice. The dismissal of plaintiffs' complaint concludes this litigation as to all claims asserted herein by any party. All parties are to bear their own fees, expenses, and coult costs.

2. The plaintiffs' complaint raised issues related to the remedial desegregation provisions established and applied to Camden Fairview School District (CFSD) and HGSD in Case No. 88- Il42,U. S. Dist. Ct., W. D. Ark. For that reason, the motion of CFSD to add HGSD as a defendant was granted. Regarding said Case No. 88-1l42,the Court finds and concludes that the

Page I of 2 Case 1:09-cv-01056-SOH Document 19 Filed 07/26/10 Page 2 of 2 PageID #: 126 remedial provisions set forth in paragraph 1[C] of the November 27 , 1990 consent order, and paragraph 10 of the February 1,2002 order remain in full force and effect at this time.

3. Paragraph l0 of the February 1,2002 order is, however, modified to require that CFSD obtain approval of this Court prior to granting its written consent to the attendance at HGSD of the child of a CFSD resident who is an employee of HGSD, pursuant to A.C.A. $ 6-18- 203.

4. The Court retains jurisdiction of this case solely for the purpose of enforcing the parties' settlement agreement; and of the aforesaid Case No. 88-1142 for the purpose of enforcing its orders therein.

IT IS SO ORDERED.

APPROVED AS TO CONTENT AND FORM:

/s/ James M. Pratt, Jr. /s/ Allen P. Roberts James M. Pratt, Jr. Allen P. Roberts Attomey for Plaintiffs Attorney for CFSD

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/s/ Eueene D. Bramblett

Eugene D. Bramblett

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Attorney for HGSD

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