Faulkenberry et al v. Arkansas Department of Education et al

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
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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
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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
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