4:25-cv-00592•Faulkenberry et al v. Arkansas Department of Education et al
Faulkenberry et al v. Arkansas Department of Education et al
4:25-cv-00592AredDec 12, 2025
Full text
IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS CENTRAL DIVISION GWEN FAULKENBERRY; SPECIAL RENEE SANDERS; KIMBERLY CRUTCHFIELD; and ANIKA WHITFIELD v. No. 4:25-cv-592-DPM ARKANSAS DEPARTMENT OF EDUCATION; JACOB OLIVIA, In His Official Capacity as the Secretary of the Arkansas Department of Education; SARAH MOORE, PH .D., Chairwoman of the Arkansas State Board of Education; LISA HUNTER, JEFF WOOD, RANDY HENDERSON, LEIGH S. KEENER, ADRIENNE WOODS, KENN BRAGG; KATHY MCFETRIDGE-ROLLINS, and GARY ARNOLD, PH.D., MEMBERS OF THE ARKANSAS STATE BOARD OF EDUCATION; SARAH HUCKABEE SANDERS, Governor of the State of Arkansas; ARKANSAS DEPARTMENT OF FINANCE AND ADMINISTRATION; and JIM HUDSON, In His Official Capacity as the Secretary of the Arkansas Department of Finance and Administration PLAINTIFFS DEFENDANTS Case 4:25-cv-00592-DPM Document 27 Filed 12/12/25 Page 1 of 3
ORDER 1. The Court regrets its delay m focusing on this case. Oral argument on the motions to intervene and the motion to dismiss would, as Mr. Mays suggested, be beneficial. The Court will hold a hearing at 1:30 p.m. on Friday, 9 January 2026. We'll start with the intervention issues, then move to the motion to dismiss. 2. The Court would benefit from a sur-reply (ten-page limit) from the state defendants on Little Rock School District's standing and sovereign immunity arguments in Doc. 25-1 at 4-15. Sur-reply due by 31 December 2025. 3. The motions for pro hac vice admission of proposed intervenors' co-counsel, Doc. 5-8, are granted. 4. The Court notes the list of private schools approved for participation in the challenged educational account program, Doc. 1 at 50-53. I wanted to put some connections of record .' Approximately forty years ago, my wife taught for two years at Pulaski Academy. In the 1990s, I served as a director and board president of The Learning Center of Northeast Arkansas, a school for children with disabilities. The school now goes by the name TLC; and, according to the school's website, The Academy of TLC is a division of it. Approximately twenty years ago, one of my children attended Blessed Sacrament School in Jonesboro for several years. I recently recused in a Family and Medical Leave Act case brought by a former -2- Case 4:25-cv-00592-DPM Document 27 Filed 12/12/25 Page 2 of 3
employee against Blessed Sacrament Church & School and the current and former heads of the school. Gunawan v. Blessed Sacrament Church & School, No. 3:25-cv-265-BSM. I have many and deep connections with the families of those school leaders, as well as with the current parish priest, who is involved in school matters. All material things considered, I do not believe any of my past or current connections would reasonably cause someone to question my impartiality in this case. 28 U.S.C. § 455(a). But, I wanted to put them of record now, so the parties and proposed intervenors could consider the matter at the threshold. Any motion for me to reconsider recusal is due by 31 December 2025. So Ordered. D.P. Marshall Jr. United States District Judge -3- Case 4:25-cv-00592-DPM Document 27 Filed 12/12/25 Page 3 of 3
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