Case 2:10-cv-04049-JCZ-KWR Document 140 Filed 03/20/12 Page 1 of 2

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF LOUISIANA

CASSANDRA BERRY, ET AL.

CIVIL ACTION

VERSUS

NO. 10-4049

JOHN WHITE, ET AL.

SECTION "A"(4)

ORDER
The Court, having reviewed the Motion to Intervene (Rec.
Doc. 133) filed by the Orleans Parish School Board, and
Plaintiffs’ partial opposition to the intervention, GRANTS the
motion and pretermits for now the question of whether the
intervention should be limited.

At this time it is unclear to

the Court in what manner the Board would seek to participate in
this lawsuit beyond participation in settlement discussions and
participation in briefing on the issue of whether the State has
the authority to develop and enforce remedies sufficient to
resolve the injuries to the proposed plaintiff class.

In fact,

the question of whether the Board can intervene permissively or
as of right, and the scope of that intervention, will surely turn
on whether Plaintiffs are correct in their legal position that
Plaintiffs can obtain the relief that they seek from the State
alone.

But that legal question has not been briefed by the

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 Case 2:10-cv-04049-JCZ-KWR Document 140 Filed 03/20/12 Page 2 of 2

parties and it is not before the Court today.
Accordingly;
IT IS ORDERED that the Motion to Intervene (Rec. Doc. 133)
filed by Orleans Parish School Board is GRANTED.

The School

Board will be allowed to intervene as a defendant in this matter.
March 20, 2012
JAY C. ZAINEY
UNITED STATES DISTRICT JUDGE

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