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Davis v. Franks, 4:88-cv-4082. (2018)

Court: District Court, W.D. Arkansas Number: infdco20180530a12 Visitors: 6
Filed: May 29, 2018
Latest Update: May 29, 2018
Summary: ORDER SUSAN O. HICKEY , District Judge . Before the Court is Hope School District's ("Hope") Motion for Dismissal Without Prejudice. (ECF No. 127). No party has responded to the motion, and the time to do so has passed. See Local Rule 7.2(b). The Court finds the matter ripe for consideration. On September 7, 2017, Hope filed a motion for declaratory judgment. (ECF No. 99). On September 28, 2017, the Arkansas Department of Education ("ADE") filed a motion to intervene in order to assert
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ORDER

Before the Court is Hope School District's ("Hope") Motion for Dismissal Without Prejudice. (ECF No. 127). No party has responded to the motion, and the time to do so has passed. See Local Rule 7.2(b). The Court finds the matter ripe for consideration.

On September 7, 2017, Hope filed a motion for declaratory judgment. (ECF No. 99). On September 28, 2017, the Arkansas Department of Education ("ADE") filed a motion to intervene in order to assert lack of a justiciable controversy and mootness in light of changes to Arkansas law. On November 9, 2017, the Court allowed the ADE to intervene for the limited purpose of opposing Hope's motion for declaratory judgment. Hope's motion for declaratory judgment (ECF No. 99) remains pending at the time of this Order.

On May 14, 2018, Hope filed the instant motion. (ECF No. 127). Hope states that in light of assurances from the ADE, it has agreed to dismiss without prejudice its first motion for declaratory judgment. However, Hope asks that the Court retain jurisdiction over this case, subject matter, and parties hereto. Hope advises the Court that it intends to file a second motion for declaratory judgment, challenging other inter-district movement of students as being violative of its desegregation obligations.1

Upon consideration, the Court finds that good cause for the motion has been shown. Accordingly, Hope's Motion to Withdraw Motion for Declaratory Judgment (ECF No. 127) is hereby GRANTED. Hope's first Motion for Declaratory Judgment (ECF No. 99) is hereby WITHDRAWN. The Court shall maintain jurisdiction over this case, its subject matter, and the parties hereto, until it finds that Hope should be released from Court supervision.

IT IS SO ORDERED.

FootNotes


1. The Court notes that Hope filed its second motion for declaratory judgment on May 14, 2018.
Source:  Leagle

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