Motion to Intervene

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					STATE OF NORTH CAROLINA                    IN THE GENERAL COURT OF JUSTICE
COUNTY OF WAKE                                   SUPERIOR COURT DIVISION
                                                      95 CVS 1158

HOKE COUNTY BOARD OF EDUCATION;                   )
HALIFAX COUNTY BOARD OF EDUCATION; )
ROBESON COUNTY BOARD OF EDUCATION; )
CUMBERLAND COUNTY BOARD OF                        )
EDUCATION; VANCE COUNTY BOARD OF                  )
EDUCATION; RANDY L. HASTY, individually )
and as guardian ad litem of Randell B. Hasty;     )
STEVEN R. SUNKEL, individually and as             )
guardian ad litem of Andrew J. Sunkel; LIONEL      )
WHIDBEE, individually and as guardian ad litem )
of Jeremy L. Whidbee; TYRONE T. WILLIAMS, )
individually and as guardian ad litem of Trevelyn )
L. Williams; D.E. LOCKLEAR, JR., individually )
and as guardian ad litem of Jason E. Locklear;    )
ANGUS B. THOMPSON II, individually and as          )
guardian ad litem of Vandaliah J. Thompson;        )
MARY ELIZABETH LOWERY, individually                )
and as guardian ad litem of Lannie Rae Lowery;    )
JENNIE G. PEARSON, individually and as            )    MOTION TO INTERVENE
guardian ad litem of Sharese D. Pearson;           )
BENITA B. TIPTON, individually and as             )
guardian ad litem of Whitney B. Tipton; DANA      )
HOLTON JENKINS, individually and as guardian )
ad litem of Rachel M. Jenkins; LEON R.             )
ROBINSON, individually and as guardian ad         )
litem of Justin A. Robinson,                      )
                                                  )
        Plaintiffs,                               )
                                                  )
                                                  )
                                                  )
CASSANDRA INGRAM, individually and as             )
guardian ad litem of Darrie Ingram; CAROL         )
PENLAND, individually and as guardian ad litem )
of Jeremy Penland; DARLENE HARRIS,                )
individually and as guardian ad litem of Shamek   )
Harris; NETTIE THOMPSON, individually and         )
as guardian ad litem of Annette Renee Thompson; )
OPHELIA AIKEN, individually and as guardian       )
ad litem of Brandon Bell; ASHEVILLE CITY          )
BOARD OF EDUCATION; BUNCOMBE                      )
COUNTY BOARD OF EDUCATION;                    )
DURHAM PUBLIC SCHOOLS BOARD OF                )
EDUCATION; WAKE COUNTY BOARD OF               )
EDUCATION; WINSTON-SALEM/FORSYTH              )
COUNTY BOARD OF EDUCATION,                    )
                                              )
       Plaintiff-Intervenors,                 )
                                              )
       and                                    )
                                              )
RAFAEL PENN; CLIFTON JONES, individually )
and as guardian ad litem of CLIFTON           )
MATTHEW JONES; DONNA JENKINS                  )
DAWSON, individually and as guardian ad litem )
of NEISHA SHEMAY DAWSON and TYLER             )
ANTHONY HOUGH-JENKINS,                        )
                                              )
       Plaintiff-Intervenors,                 )
                                              )
       vs.                                    )
                                              )
CHARLOTTE-MECKLENBURG BOARD OF                )
EDUCATION,                                    )
                                              )
       Plaintiff-Intervenor and Realigned     )
       Defendant,                             )
                                              )
       and                                    )
                                              )
STATE OF NORTH CAROLINA and the               )
STATE BOARD OF EDUCATION,                     )
                                              )
       Defendants.                            )

       COME NOW PLAINTIFF-INTEVENORS Rafael Penn, Clifton Jones, Clifton

Matthew Jones, Donna Jenkins Dawson, Neisha Shemay Dawson and Tyler Anthony

Hough-Jenkins, pursuant to Rule 24 of the North Carolina Rules of Civil Procedure, and

respectfully move the Court for an ordering granting them a limited intervention in the

above-captioned action. In support of this motion, the Plaintiff-Intervenors state the

following:




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   1.      The pending action involves the education rights of all North Carolina

children, including children from failing schools in urban districts such as Charlotte-

Mecklenburg school district.

   2.      This Court has scheduled a hearing to commence on March 7, 2005 to

hear evidence about acutely low performing high schools in Charlotte and other

struggling local school districts.

   3.      Proposed plaintiff-intervenors are either high school students who are

attending low performing high schools in the Charlotte Mecklenburg District or

middle school students who soon expect to attend low performing high schools, as

well as their parents as next friends.

   4.      Plaintiff-Intervenors have a special interest in presenting discrete evidence

(a) on the Charlotte student assignment plan, which they allege to be a major cause of

low performing high schools in the Charlotte-Mecklenburg school system, and (b) on

the many adverse educational consequences that stem from that assignment plan. The

plaintiff-intervenors personally attend high poverty schools that suffer these adverse

consequences and they allege irreparable injury from this policy choice. No other

present parties represent their interests, and this intervention in neither untimely nor

will it result in prejudice to the present parties or delay. As such, plaintiff-intervenors

meet the requirements of N.C. Rule Civ. Proc. 24 (a). They also assert claims against

present parties to the above-captioned action that involve questions “of law or fact

common to that which will be decided in the action.” Id. As such, they also meet the

requirements of N.C. Rule Civ. Pro. 24 (b).




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       5.      The intervention of plaintiff-intervenors will not unduly delay or prejudice

   the adjudication of the rights and duties of the original parties.

       6.      Plaintiff-Intervenors attach hereto a pleading setting forth the claims and

   allegations upon which intervention is sought.

       WHEREFORE, plaintiff-intervenors respectfully request leave from this Court (1)

to intervene as plaintiff-intervenors for limited purposes in this lawsuit, and (2) to file the

pleading attached as their complaint in this action. A memorandum of law in support of

this motion for limited intervention accompanies this motion.

       Respectfully submitted this the ___ day of February, 2005.


                                       ______________________________________
                                       Julius L. Chambers
                                       North Carolina State Bar No. 769

                                       ______________________________________
                                       John Charles Boger
                                       Member of the New York Bar

                                       ______________________________________
                                       Anita Earls
                                       North Carolina State Bar No.15597

                                       ______________________________________
                                       Ashley Osment
                                       North Carolina State Bar No. 22238

                                       The University of North Carolina School of Law
                                       Center for Civil Rights
                                       CB # 3380
                                       University of North Carolina
                                       Chapel Hill, NC 27599
                                       (919) 843-9288

                                       ______________________________________
                                       Julius L. Chambers
                                       North Carolina State Bar No. 769
                                       Ferguson Stein Chambers Adkins Gresham



                                               4
   & Sumter, P.A.
741 Kenilworth Ave., Suite 300
Charlotte, NC 28204
(704) 375-8461

ATTORNEYS FOR PLAINTIFF-INTERVENORS




      5
                             CERTIFICATE OF SERVICE

       A copy of the foregoing Motion to Intervene was this day placed in the United

States mail, postage prepaid and addressed to:


              Grayson G. Kelley, Esquire                   John Gresham, Esquire
              Thomas J. Ziko, Esquire                      S. Luke Largess, Esquire
              Laura Crumpler, Esquire                      Ferguson, Stein, Chambers,
              Office of the Attorney General                Wallas, Adkins, Gresham
              N.C. Department of Justice                     & Sumter, P.A.
              114 W. Edenton Street                        P.O. Box 36486
              Raleigh, NC 27601                            Charlotte, NC 28636
              Counsel for Defendants                       Counsel for North Carolina
                                                           Association of Educators

              Robert W. Spearman, Esquire                   Thomas M. Stern
              Melanie Black Dubis, Esquire                  P.O. Box 2206
              Parker Poe Adams & Bernstein, L.L.P.          Durham, NC 27702
              P.O. Box 389                                  Counsel for North Carolina
              Raleigh, NC 27602                             Association of Educators
              Counsel for Plaintiffs

              H. Lawrence Armstrong, Jr., Esquire
              Hux, Livermon & Armstrong
              P.O. Box 217
              Enfield, NC 27823
              Counsel for Plaintiffs

              Ann L. Majestic, Esquire                     Audrey Anderson, Esquire
              Tharrington, Smith L.L.P.                    Hogan & Hartson, L.L.P.
              209 Fayetteville Street Mall                 555 13th Street NW
              P.O. Box 1151                                Washington, DC 20004
              Raleigh, NC 27602                            Counsel for Plaintiff-
              Counsel for Plaintiff-Intervenors               Intervenors


       Copies of this motion to intervene were also served on all counsel by email.

       This, the ____ day of February, 2005

       ______________________________
             John Charles Boger




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