United States v. Avoyelles Parish School Board

United States of America v. Avoyelles Parish

United States v. Avoyelles Parish School Board

2009 WL 1505305

2011 WL 2356977

2016 WL 3636698

Daisha Latrice Hodges

PAPER DOCKET SHEET AS OF 4/18/05 (crt,Franklin, K) (Entered: 04/18/2005)

RULING re 50 Motion to Approve Plan of Expert for the Avoyelles Parish School Board filed by School Board of Avoyelles Parish. Signed by Judge Dee D Drell on 05/27/2009. (crt,Leleux, M)

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RULING AND ORDER granting 68 Motion Approval for Expenditure of Funds. The Court has formulated a simple chart of the agreed and contested expenditures based upon the representations made to us by all parties following their negotiations. Because t ime is of the essence and there is good reason to approve the allocations as submitted (except as to the original proposal regarding LaSAS), the Court ORDERS that allocations of funding are hereby approved in the amounts listed herein. Moreover, the parties should be prepared to discuss specifically alternatives to address the issue of all remaining racially identifiable schools at the upcoming status conference set on January 27, 2010 at 10:00 A.M.. Signed by Judge Dee D Drell on 12/21/09. (crt,Harrison, U)

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RULING that the motion, as amended, to modify this court's judgment dated 7/6/98 is GRANTED as being in the best interest of all the school children in Avoyelles Parish. This is not a final ruling. The financing of the plan is contingent upon approval by the appropriate voters of three seperate, but interelated, taxing proposals. If, and only if, each of the three seperate financing proposals receives certified voter approval will this ruling be operational and authoritative. Signed by Judge F A Little Jr on 4/18/05. (crt,Franklin, K) (Entered: 04/20/2005)

MOTION to Reconfigure the Avoyelles Parish Public Elementary Schools WITH CONSENT by School Board of Avoyelles Parish. (Attachments: # 1 Exhibits # 2 Text of proposed order)(crt,Franklin, K) MOTION REFERRED BY ALEXANDRIA OFFICE (Entered: 07/26/2005)

RULING AND ORDER granting 90 Motion for Miscellaneous Relief, and the requested expenditure is APPROVED. Signed by Judge Dee D Drell on 3/22/2011. (crt,Alexander, E)

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ADDITIONAL REASONS FOR RULING: Court recognizes the exceptional efforts of Dr William Gordon, Dr Dwayne Lemoine, Dr Charles Riddle, Mr Allen Holmes, Mr Franz Marshall, and Mr Mark Dann, et al. Signed by Chief Judge Dee D Drell on May 21, 2015. (crt,Dunford, T)

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ORDER granting 3 Motion to Reconfigure the Avoyelles Parish Public Schools allowing a sixth grade in each of the six elementary schools to be moved to the Pre−K through 5 campuses and be permitted beginning the school year 2005−2006. Signed by Judge F A Little Jr on July 27, 2005. (crt,Dean, S) Modified on 7/29/2005 to correct Judge (Dean, S). (Entered: 07/28/2005)

RESPONSE by School Board of Avoyelles Parish in reference to enrollment data for the school year 2006−2007. (crt,Leleux, M) (Entered: 11/02/2006)

RULING AND ORDER re 336 MOTION for Attorney Fees filed by Allen Holmes, 344 MOTION for Attorney Fees filed by Allen Holmes, 350 Joint MOTION to Determine Attorneys Fees to be paid to Ed Larvadain filed by School Board of Avoyelles Parish; Set Deadlines as to 344 MOTION for Attorney Fees and 350 Joint MOTION to Determine Attorneys Fees to be paid to Ed Larvadain: (Responses due by 4/22/2016, Replies due by 5/6/2016.) Re 336 Motion for Attorney Fees filed by Allen Holmes, IT IS ORDERED that Intervenor and APSB will confer regarding a compromise on the issue of reimbursement of some amount of Intervenor's expenses incurred during the litigation of this matter during the next thirty (30) days and shall, afterward, update the court with a status of this issue. Signed by Chief Judge Dee D Drell on 3/29/16. (crt,Whidden, C) Modified on 3/29/2016 to modify docket text (Whidden, C).

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MEMORANDUM RULING re 350 Joint MOTION to Determine Attorneys Fees to be paid to Ed Larvadain filed by School Board of Avoyelles Parish. Signed by Chief Judge Dee D Drell on 6/29/2016. (crt,Bunting, M)

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MOTION for Approval of Provisional Custody by Mandate for Purpose of Enrollment by School Board of Avoyelles Parish. (Attachments: # 1 Exhibits ; # 2 Proposed Order)(crt,Williams, L) (Entered: 03/19/2007)

Dismiss

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MINUTE ENTRY: Case reassigned to Judge Dee D Drell. Judge F A Little, Jr no longer assigned to case. (crt,Williams, L) (Entered: 03/19/2007)

Certificate of Service

ORDER granting 6 Motion for Approval of Provisional Custody by Mandate that Rebecca Bergeron be allowed admission into Avoyelles High School. Signed by Judge Dee D Drell on 03/20/07. (crt,Harrison, U) (Entered: 03/20/2007)

Notice of Motion Setting

MAIL RETURNED as Undeliverable: Mail sent to Remy V Starns, Starns Shires Mettauer, P. O. Box 231, Logansport, LA 70149, re: 7 Order Reassigning Case, returned marked: return to sender, not deliverable as addressed. (crt,Darnell, C) (Entered: 03/29/2007)

MAIL RETURNED as Undeliverable: Mail sent to Remy V Starns, Starns Shires Mettauer, P. O. Box 231, Logansport, LA 71049, re: 8 Order on Motion for Miscellaneous Relief, returned marked: return to sender; not deliverable as addressed. (crt,Darnell, C) (Entered: 03/29/2007)

Order on Motion to Dismiss

MOTION to Approve the Moving of the Alert School to the Hessmer Public School Campus by School Board of Avoyelles Parish. (Attachments: # 1 Proposed Order)(crt,Williams, L) (Entered: 04/03/2007)

Enroll as Counsel

Reopen/Reinstate Case

ORDER granting 9 Motion to Approve the Moving of the Alert School to the Hessmer Public School Campus by School Board of Avoyelles Parish. ORDERED that Avoyelles Parish School Board shall send this notice to all parties involved and allow them to file objections within 30 days of notice; FURTHER ORDERED that Avoyelles Parish School Board be allowed to continue its operation of the Alert School at the Hessmer campus until further notice from the court. Signed by Judge Dee D Drell on 04/04/07. (crt,Harrison, U) (Entered: 04/05/2007)

Notice of Deficiency

MOTION for Final Approval for the Moving of the Alert School to the Hessmer Public School Campus by School Board of Avoyelles Parish. (Attachments: # 1 Exhibits ; # 2 Proposed Order)(crt,Williams, L) (Entered: 06/05/2007)

Notice of Deficiency

MOTION for Authority to Sell School Property by School Board of Avoyelles Parish. (Attachments: # 1 Exhibits ; # 2 Proposed Order)(crt,Williams, L) (Entered: 07/31/2007)

Substitute Attorney

ORDER granting 13 Motion for Authority to Sell School Property . Signed by Judge Dee D Drell on 08/01/07. (crt,Williams, L) (Entered: 08/03/2007)

MOTION to Approve the Construction of a Gymnasium at Marksville Elementary School &Classroom Building at Avoyelles High School by School Board of Avoyelles Parish. (Attachments: # 1 Proposed Order)(crt,Williams, L) (Entered: 08/13/2007)

Substitute Attorney

ORDER re 15 MOTION to Approve the Construction of a Gymnasium at Marksville Elementary School &Classroom Building at Avoyelles High School filed by School Board of Avoyelles Parish. Signed by Judge Dee D Drell on 8/14/07. (crt,Alexander, E) (Entered: 08/16/2007)

Substitute Attorney

RESPONSE to 15 MOTION to Approve the Construction of a Gymnasium at Marksville Elementary School &Classroom Building at Avoyelles High School filed by USA. (aty,Taylor, Lisa) Modified on 8/16/2007 to edit text(Williams, L). (Entered: 08/15/2007)

Notice of Corrective Action

Order on Motion to Substitute Attorney

MOTION for Telephone Conference to Discuss Objection filed by Plaintiff re 16 Response to Motion by School Board of Avoyelles Parish. (Attachments: # 1 Proposed Order)(crt,Williams, L) (Entered: 08/30/2007)

Dismiss/Lack of Jurisdiction AND Dismiss for Failure to State a Claim AND More Definite Statement

MOTION for Final Approval for the Sale of School Property by School Board of Avoyelles Parish. (Attachments: # 1 Proposed Order)(crt,Williams, L) (Entered: 09/04/2007)

ORDER terminating 18 Motion for Telephone Conference w/notation thereon, "Not Considered−Conference Already Held". Signed by Judge Dee D Drell on September 4, 2007. (crt,Dean, S) (Entered: 09/04/2007)

Notice of Motion Setting

MINUTE ENTRY: re 16 Response to Motion filed by USA. Signed by Judge Dee D Drell on 09/05/07. (crt,Leleux, M) (Entered: 09/06/2007)

ORDER granting 19 Motion for Final Approval for the Sale of School Property at the old Marksville Middle School site to the City of Marksville. Signed by Judge Dee D Drell on 09/05/07. (crt,Harrison, U) (Entered: 09/06/2007)

MOTION to Approve Projects by School Board of Avoyelles Parish. (Attachments: # 1 Exhibits; # 2 Proposed Order)(crt,Alexander, E) (Entered: 09/06/2007)

DEFICIENT MOTION to Supplement 23 MOTION to Approve Projects by School Board of Avoyelles Parish. (Attachments: # 1 Proposed Order)(crt,Alexander, E) Modified on 10/16/2007 to remove question mark for deficiency (Dunford, T). (Entered: 09/07/2007)

NOTICE of Deficiency to Charles A Riddle, III on behalf of School Board of Avoyelles Parish regarding 24 DEFICIENT? MOTION to Supplement 23 MOTION to Approve Projects. Reason: You do not indicate whether opposing counsel consent to the granting of this ex parte motion. (crt,Alexander, E) (Entered: 09/07/2007)

ORDER re 23 MOTION to Approve Projects filed by School Board of Avoyelles Parish. Signed by Judge Dee D Drell on 09/10/07. (crt,Williams, L) (Entered: 09/10/2007)

RESPONSE to Motion re 23 MOTION to Approve Projects filed by USA. (aty,Taylor, Lisa) (Entered: 09/28/2007)

MOTION for Final Approval of Projects by School Board of Avoyelles Parish. (Attachments: # 1 Proposed Order)(crt,Williams, L) (Entered: 10/05/2007)

MINUTE ENTRY setting a Status Conference for 5/2/2008 10:00 AM before Judge Dee D Drell. Signed by Judge Dee D Drell on 04/18/08. (crt,Leleux, M) (Entered: 04/18/2008)

MOTION to Approve Leasing Gymnasium at the Former Hessmer School by School Board of Avoyelles Parish. (aty,Riddle, Charles) Modified on 4/25/2008 to change motion event and to reflect Proposed Order included within pdf of Main Document(Williams, L). (Entered: 04/23/2008)

MOTION to Approve Moving APAS from Hessmer Campus to Mansura Sixth Grade Center by School Board of Avoyelles Parish. (aty,Riddle, Charles) Modified on 4/25/2008 to change motion event and to reflect that Proposed Order included within pdf of Main Document(Williams, L). (Entered: 04/23/2008)

MOTION to Approve the Leasing of Hessmer Facility to Avoyelles Community College Inc by School Board of Avoyelles Parish. (aty,Riddle, Charles) Modified on 4/25/2008 to change motion event and to reflect that Proposed Order is included within pdf of Main Document(Williams, L). (Entered: 04/24/2008)

MINUTE ENTRY: District Judge Status Conference set for 5/2/2008 is changed to 10:30 AM before Judge Dee D Drell. Signed by Judge Dee D Drell on 04/25/08. (crt,Harrison, U) (Entered: 04/25/2008)

MINUTE ENTRY: District Judge Telephone Status Conference set for 5/12/2008 02:30 PM before Judge Dee D Drell. Signed by Judge Dee D Drell on 05/02/08. (crt,Harrison, U) (Entered: 05/02/2008)

ORDER granting 32 Motion to be allowed to move APAS from the Hessmer location to the vacant Mansura Sixth Grade Center. Signed by Judge Dee D Drell on 04/28/08. (crt,Leleux, M) (Entered: 05/12/2008)

ORDER granting 33 Motion to be allowed to lease the former Hessmer school to Warren J Plauche M D for the operation of a community college. Signed by Judge Dee D Drell on 04/28/08. (crt,Leleux, M) (Entered: 05/12/2008)

ORDER granting 31 Motion to be allowed to lease the gymnasium at the former Hessmer School to Rev Floyd Murray for recreational purposes and youth activities. Signed by Judge Dee D Drell on 04/28/08. (crt,Leleux, M) (Entered: 05/12/2008)

MINUTES for proceedings held before Judge Dee D Drell: Telephone Conference held on 5/12/2008. (crt,Leleux, M) (Entered: 05/14/2008)

MOTION to Approve the Demolition of the Former Hessmer School by School Board of Avoyelles Parish. (Attachments: # 1 Certificate, # 2 Order)(aty,Roy, Cory) Modified on 8/21/2008 to more accurately reflect name of document(Williams, L). (Entered: 08/21/2008)

MOTION to Approve a Majority to Minority Plan for the Avoyelles Parish School Board by School Board of Avoyelles Parish. (Attachments: # 1 Certificate of Service, # 2 Certificate, # 3 Text of proposed order, # 4 Exhibits Exhibit A)(aty,Roy, Cory) Modified on 9/24/2008 to more accurately reflect name of document(Williams, L). (Entered: 09/23/2008)

ORDER granting 42 Motion to adopt transfer policy. Signed by Judge Dee D Drell on 09/24/08. (crt,Harrison, U) (Entered: 09/24/2008)

ORDER re 41 MOTION to Approve the Demolition of the Former Hessmer School filed by School Board of Avoyelles Parish. DENIED in this form. May be re−submitted. Signed by Judge Dee D Drell on 10/02/08. (crt,Leleux, M) (Entered: 10/02/2008)

PROPOSED ORDER/JUDGMENT by School Board of Avoyelles Parish. (aty,Roy, Cory) (Entered: 10/15/2008)

MOTION to approve A Majority to Minority Plan with consent by School Board of Avoyelles Parish. (Attachments: # 1 Text of proposed order, # 2 Certificate of good standing, # 3 Exhibits)(aty,Roy, Cory) Modified on 4/7/2009 to indicate consent (Williams, L). (Entered: 04/06/2009)

ORDER granting 47 Motion to adopt a transfer policy. Signed by Judge Dee D Drell on 04/08/2009. (crt,Leleux, M) (Entered: 04/08/2009)

MINUTES for proceedings held before Judge Dee D Drell: Telephone Conference held on 4/20/2009. (crt,Leleux, M) (Entered: 04/20/2009)

MINUTE ENTRY setting an in−person Status Conference for 5/12/2009 09:30 AM in Chambers before Judge Dee D Drell. Signed by Judge Dee D Drell on 04/20/2009. (crt,Leleux, M) (Entered: 04/20/2009)

MOTION to Approve Plan of Expert for the Avoyelles Parish School Board by School Board of Avoyelles Parish. (Attachments: # 1 Order, # 2 Certificate, # 3 Notice of manual attachment)(aty,Roy, Cory) Modified text on 4/29/2009. (Alexander, E) (Entered: 04/23/2009)

MANUAL ATTACHMENT RECEIVED AND SCANNED. Received from Cory P Roy on behalf of School Board of Avoyelles Parish regarding 50 MOTION to Approve Plan of Expert for the Avoyelles Parish School Board. (crt,Harrison, U) (Entered: 04/29/2009)

MINUTE ENTRY: re 49 Minute Entry: The in−person status conference on 5/12/09 is NOT a public hearing. Being preliminary to allow the Court to determine the nature and status of the case, attendance is limited to the parties, their counsel and experts if any. In the case of the School Board, the Superintendent is the Board's designated representative for this conference. Signed by Judge Dee D Drell on 04/29/2009. (crt,Leleux, M) (Entered: 04/29/2009)

ORDER denying 50 Motion for status conference. Unnecessary − see docs #49 and 52. Signed by Judge Dee D Drell on 04/30/09. (crt,Harrison, U) (Entered: 04/30/2009)

RESPONSE to Motion re 50 MOTION to Approve Plan of Expert for the Avoyelles Parish School Board filed by USA. (aty,Taylor, Lisa) (Entered: 05/08/2009)

MINUTES for proceedings held before Judge Dee D Drell: Status Conference held on 5/12/2009 to discuss nature and status of case. (crt,Leleux, M) (Entered: 05/13/2009)

MINUTE ENTRY Setting a hearing on 50 Motion to Approve plan of Expert for the Avoyelles Parish School Board for 5/22/2009 10:00 AM in Alexandria, 2nd floor before Judge Dee D Drell. Signed by Judge Dee D Drell on 05/12/2009. (crt,Leleux, M) (Entered: 05/13/2009)

MINUTES for proceedings held before Judge Dee D Drell: Motion hearing held on 5/22/2009 re 50 Motion to Approve Plan of Expert for the Avoyelles Parish School Board filed by School Board of Avoyelles Parish. (Court Reporter: Mary Thompson) (crt,Leleux, M) (Entered: 05/26/2009)

EXHIBITS ADMITTED DURING MOTION HEARING OF MAY 22, 20009. (crt,Leleux, M) (Entered: 05/26/2009)

NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings filed for Motion Hearing held on May 21, 2009 before Judge Drell. Court Reporter/Transcriber Mary Thompson, Telephone number 337.593.5222. Pages: 1−212 Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.. Redaction Request due 6/30/2009. Redacted Transcript Deadline set for 7/10/2009. Release of Transcript Restriction set for 9/8/2009. (crt,Thompson, M) (Entered: 06/09/2009)

MINUTES for proceedings held before Judge Dee D Drell: Telephone Conference held on 7/27/2009. (crt,Leleux, M) (Entered: 07/28/2009)

PROPOSED ORDER/JUDGMENT Order by School Board of Avoyelles Parish. (aty,Riddle, Charles) (Entered: 08/01/2009)

ORDER re 58 Memorandum Ruling of 5/27/09. ORDERED the students at LA School for the Agricultural Sciences will be allowed to participate in all extra curricular activity programs of the sending schools. ORDERED the students enrolled at this school be allowed to participate in all athletic competition programs sanctioned by the LA High School Athletic Assn of the sending schools and ORDERED the Avoyelles Parish School Board shall provide transportation to the students participating in extra curricular activities in the same fashion as it would for students of the sending schools. Signed by Judge Dee D Drell on 08/03/2009. (crt,Leleux, M) (Entered: 08/04/2009)

MOTION by School Board of Avoyelles Parish. (Attachments: # 1 Order, # 2 Certificate)(aty,Riddle, Charles) (Entered: 08/19/2009)

MINUTE ENTRY: Counsel for the Government shall initiate a telephone conference to begin at 2:00 p.m. on August 27, 2009. Signed by Judge Dee D Drell on 08/26/09. (crt,Harrison, U) (Entered: 08/26/2009)

MINUTES for proceedings held before Judge Dee D Drell: Telephone Conference held on 8/27/2009. (crt,Leleux, M) (Entered: 08/28/2009)

(RESCINDED) ORDER granting 62 Motion. ORDERED the Avoyelles parish School Board is prohibited from allowing students to leave Bunkie High School as a school of choice. Signed by Judge Dee D Drell on 08/27/2009. (crt,Leleux, M) Modified on 8/23/2010to reflect Order is rescinded. See 97 Order on Motion. (Alexander, E) (Entered: 08/28/2009)

MINUTE ENTRY setting a Telephone Conference for 9/25/2009 10:00 AM in by phone before Judge Dee D Drell. Signed by Judge Dee D Drell on 08/28/2009. (crt,Leleux, M) (Entered: 08/28/2009)

MINUTES for proceedings held before Judge Dee D Drell: Telephone Conference held on 9/25/2009. (crt,Leleux, M) (Entered: 10/02/2009)

MINUTE ENTRY: Pursuant to the telephone conference held on 09/25/09, an in−person status conference is fixed for November 18, 2009 at 1:30 p.m. in Alexandria, LA. Pending issues will be discussed. Signed by Judge Dee D Drell on 10/01/09. (crt,Harrison, U) (Entered: 10/02/2009)

MOTION for Approval of Expenditure of Funds by School Board of Avoyelles Parish. (Attachments: # 1 Text of Proposed Order, # 2 Certificate, # 3 Exhibit A, # 4 Exhibit B)(aty,Riddle, Charles) Modified on 10/30/2009 to edit text (Reasor, M). (Entered: 10/30/2009)

ORDER re 68 Motion filed by School Board of Avoyelles Parish. The parties are given until 11/18/09 to consent or oppose the expenditures as outlined in the motion. Signed by Judge Dee D Drell on 11/02/2009. (crt,Leleux, M) (Entered: 11/02/2009)

RESPONSE to Motion re 68 MOTION filed by USA. (aty,Taylor, Lisa) (Entered: 11/17/2009)

MINUTES for proceedings held before Judge Dee D Drell: Status Conference held on 11/18/2009. (crt,Leleux, M) (Entered: 11/19/2009)

MINUTE ENTRY: Mr. Riddle shall initiate a TELEPHONE CONFERENCE to begin at 2:00 p.m. on November 30, 2009. Signed by Judge Dee D Drell on 11/24/09. (crt,Harrison, U) (Entered: 11/25/2009)

MINUTE ENTRY: An in−person Status Conference is set for 1/27/2010 10:00 AM in Alexandria before Judge Dee D Drell. All school board members must attend. Signed by Judge Dee D Drell on 11/30/2009. (crt,Leleux, M) (Entered: 12/01/2009)

MINUTES for proceedings held before Judge Dee D Drell: Status Conference held on 1/27/2010. (crt,Leleux, M) (Entered: 01/27/2010)

RESPONSE in Opposition by Allen Holmes re 71 Status Conference addressing the desegregation of the Avoyelles Parish School District, requesting Dr Gordon examine the position of High School Dean. (Attachments: # 1 Exhibits)(crt,Alexander, E) (Entered: 01/27/2010)

PROPOSED ORDER/JUDGMENT by School Board of Avoyelles Parish. (aty,Riddle, Charles) Modified to more accurately identify pleading is not a motion on 1/28/2010. (Alexander, E) (Entered: 01/27/2010)

NOTICE of Corrective Action to Charles A Riddle on behalf of School Board of Avoyelles Parish regarding 78 PROPOSED ORDER/JUDGMENT. Action taken: Modified text of entry to reflect pleading filed is not a motion. (crt,Alexander, E) (Entered: 01/28/2010)

MINUTE ENTRY: An in−person Status Conference is set for 5/27/2010 09:30 AM in Alexandria 2nd floor before Judge Dee D Drell. Signed by Judge Dee D Drell on 01/27/2010. (crt,Leleux, M) (Entered: 01/28/2010)