Case 2:20-cv-00469-GGG-KWR Document 28 Filed 06/01/20 Page 1 of 6 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF LOUISIANA * * * * Plaintiff, * * VERSUS * * ORLEANS PARISH SCHOOL BOARD AND * DR. HENDERSON LEWIS, JR. * SUPERINTENDENT, ORLEANS PARISH * PUBLIC SCHOOLS, * * Defendants. * ********************************************* BETTER CHOICE FOUNDATION D/B/A MARY D. COGHILL CHARTER SCHOOL, CIVIL ACTION NO. 2:20-CV-00469 JUDGE GREG GUIDRY MAGISTRATE JUDGE KAREN WELLS ROBY JOINT STATUS REPORT The Plaintiff, Better Choice Foundation d/b/a Mary D. Coghill Charter School, and the Defendants, Orleans Parish School Board and Dr. Henderson Lewis, Jr., Superintendent, Orleans Parish Public Schools, through undersigned counsel, respectfully file this Joint StatusReport. 1. Parties and Counsel a. Plaintiff: Better Choice Foundation d/b/a Mary D. Coghill Charter School, represented by Magdalen Blessey Bickford, Camille R. Bryant, and Brent Hicks, McGlinchey Stafford, PLLC; and b. Defendants:Orleans Parish School Board and Dr. Henderson Lewis, Jr., Superintendent of Orleans Parish Schools, represented by Sharonda Williams, Fishamn Haygood, LLP. 2. The following motions are currently pending for decision in this case: 2756278.1 -1- Case 2:20-cv-00469-GGG-KWR Document 28 Filed 06/01/20 Page 2 of 6 a. Plaintiff’s Motion for Preliminary Injunction (R. Doc. 6), which was set for submission on March 18, 2020. A request for oral argument was made (R. Doc. 7). However, an evidentiary hearing is not necessary. The motion is opposed. (R. Doc. 12) b. Defendants’ Motion to Dismiss Pursuant to Federal Rules of Civil Procedure 12(B)(6) and 12(B)(1) (R. Doc. 11), which was set for submission on April 1, 2020. A request for oral argument was not made. The motion is opposed (R. Doc. 14) c. Plaintiff’s Ex Parte Motion for Expedited Consideration (R. Doc. 22). The motion is opposed (R. Doc. 27). 3. Dates and Times of Any Conference and Trial Information a. Settlement Conference with Magistrate must be scheduled by July 23, 2020. b. Final Pretrial Conference Thursday, August 6, 2020 at 2:00 pm. c. Two-day jury trial begins September 14, 2020 at 9:30 am. 4. Description of Factual and Legal Issues a. Legal Issues: i. At issue is whether or not the Plaintiff is entitled to preliminary and mandatory injunctive relief resulting from the Defendants’ alleged Constitutional violations. Specifically, before the Court is whether the Defendants’ application of Louisiana Revised Statute 17:10.7.1(F) is unconstitutional as applied in this case. 2756278.1 -2- Case 2:20-cv-00469-GGG-KWR Document 28 Filed 06/01/20 Page 3 of 6 ii. Rule 65 of the Federal Rules of Civil Procedure governs the granting of a preliminary injunction. Under Rule 65, a plaintiff must satisfy four factors: 1) a substantial likelihood of prevailing on the merits; 2) a substantial threat of irreparable injury if the injunction is not granted; 3) the threatened injury outweighs any harm that will result to the non-movant if the injunction is granted; and 4) the injunction will not disserve the public interest. 1 A mandatory injunction shall be granted when the facts and law are clearly in favor of the moving party. 2 iii. In cases of alleged Constitutional violations, the four-part test normally applied to preliminary injunctions reduces itself to one factor, and the likelihood of success on the merits factor is determinative. 3 Consequently, the critical inquiry for the Court is whether a constitutional violation occurred. iv. Whether Coghill seeks relief that would violate Louisiana law, OPSB Policy, and the Charter Operating Agreement between Coghill and OPSB. v. Whether the Defendants’ application of Louisiana Revised Statute 17:10.7.1(F) delegates local school board discretionary authority regarding the renewal of charter school contracts to the local superintendent and/or 1 Alabama v. United States, 304 F.2d 583, 590 (5th Cir. 1962). Exhibitors Poster Exchange, Inc. v. National Screen Service Corp., 441 F.2d 560, 561 (5th Cir. 1971) ) (quoting Miami Beach Fed. Sav. & Loan Ass’n v. Callander, 256 F.2d 410, 415 (5th Cir. 1958). 3 Connection Distrib. Co. v. Reno, 154 F.3d 281, 288 (6th Cir. 1998) (citing Golden v. Kelsey-Hayes Co., 73 F.3d 648, 653 (6th Cir. 1996), cert. denied, 519 U.S. 807 (1996)); Elrod v. Burns, 427 U.S. 347, 373 (1976) (even temporary loss of Constitutional rights established irreparable injury); G & V Lounge, Inc. v. Michigan Liquor Control Comm’n, 23 F.3d 1071, 1079 (6th Cir. 1994) (public interest always lies with protection of a party’s Constitutional rights). 2 2756278.1 -3- Case 2:20-cv-00469-GGG-KWR Document 28 Filed 06/01/20 Page 4 of 6 usurps local school board authority, in violation of Louisiana Constitution Article 8, Section 9(B) and Louisiana Revised Statute 17:81. vi. Whether parish school boards have the exclusive authority to enter into and renew contracts with schools. vii. Whether Superintendent Lewis’s actions in implementing his recommendation against a majority vote of the school board usurps the power and authority provided to the school board under the Louisiana Constitution and the Revised Statutes. viii. Whether Coghill’s procedural due process rights were violated by the OPSB and Superintendent Lewis’ application of Louisiana Revised Statute 17:10.7.1(F). ix. Whether upholding constitutional rights serves the public interest. x. Whether the law requires a majority vote of the full membership of the OPSB or a majority vote of a quorum of the OPSB when taking action on the Superintendent’s recommendations on charter renewals. xi. Whether Coghill has standing to seek the relief sought in this matter. xii. Whether Coghill seeks relief that amounts to an intrusion on OPSB’s legislative authority. b. Factual Issues i. Whether Coghill has suffered substantial and irreparable injury because of Superintendent Lewis’s actions. 2756278.1 -4- Case 2:20-cv-00469-GGG-KWR Document 28 Filed 06/01/20 Page 5 of 6 ii. Whether Superintendent Lewis has taken or is taking actions that are inconsistent with a proper vote of the OPSB. iii. Whether Coghill received notice and the opportunity to be heard regarding the OPSB’s decision not to renew the Charter Operating Agreement when the recommendation was publicly made during the course of two properly noticed open meetings, which included substantial public comment, including comments from Coghill representatives, on the issue. iv. Whether OPSB voted to renew Coghill’s Charter Operating Agreement. 5. The parties have not exchanged discovery requests or held depositions at this time. Plaintiff does not anticipate the need for discovery and submits that this matter can be resolved on the briefs. Defendants submit that they may take depositions of parties who may be listed on Plaintiff’s witness list, which lists are due on June 8, 2020. 6. The parties have not participated in settlement negotiations. Respectfully Submitted: Counsel for Defendants, Orleans Parish School Board and Dr. Henderson Lewis, Jr., Superintendent of Orleans Public Schools Counsel for Plaintiff Better Choice Foundation d/b/a Mary D. Coghill Charter School /s/ Sharonda R. Williams SHARONDA R. WILLIAMS (#28809) swilliams@fishmanhaygood.com Fishman Haygood, LLP 201 St. Charles Avenue, Suite 4600 New Orleans, Louisiana 70170 (504) 586-5252 voice (504) 586 – 5250 fax /s/ Camille R. Bryant CAMILLE R. BRYANT (#35603) cbryant@mcglinchey.com MAGDALEN B. BICKFORD (#17472) mbickford@mcglinchey.com McGlinchey Stafford, PLLC 601 Poydras Street, 12th Floor New Orleans, Louisiana 70130 (504) 586-1200 voice (504) 596-2800 fax 2756278.1 -5- Case 2:20-cv-00469-GGG-KWR Document 28 Filed 06/01/20 Page 6 of 6 M. Brent Hicks, La. Bar No. 23778 bhicks@mcglinchey.com McGlinchey Stafford PLLC 301 Main Street, Fourteenth Floor Baton Rouge, Louisiana 70801 (225) 383-9000 voice (225) 343-3076 fax 2756278.1 -6-