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The text of the July 24, 2008, Court order issued pursuant to the Flores case (CV 92-596-TUC-RCC):



The Court will set the following parameters for the evidentiary hearing on the Plaintiff’s motion for further relief.

 The Court will address the calculation of incremental costs and funding ELL program costs.  Specifically, the Court will determine if the Task Force models are rationally funded. 

The Court will address the state’s obligation under Prop. 203 and the Consent Order entered June 30, 2000.

 The Court will address whether the offsets from desegregation funds and local property taxes are permissible under the January 24, 2000, judgment and other orders of the Court.

 The Court will determine if the January 24, 2000, judgment has been satisfied.

 The Court will determine the remedy, if any, the Plaintiffs may be entitled to if they prevail on their motion for further relief.

 Nothing in this order shall be construed as limiting the Court’s ability to find that certain issues are precluded under the doctrines of res judicata or the law of the case.

 IT IS HEREBY ORDERED discovery for the hearing shall progress as follows:

 The Parties shall exchange a preliminary list of witnesses and exhibits by August 15, 2008.

 The Parties shall submit written discovery requests and subpoenas duces tecum by September 12, 2008.

 The Parties shall submit a final list of witnesses and exhibits by September 29, 2008.

 The Parties shall complete all depositions by October 17, 2008. 

The Court will hold the evidentiary hearing November 3, 2008, through November 13, 2008.  The Parties are reminded that Tuesday, November 11, 2008, is Veteran’s Day and the Court will be closed. 

To the Extent the Plaintiff’s Motion to Expedite the Motion for Further Relief (Docket No. 732) seeks greater relief than the timetable set in this Order, the Plaintiff’s Motion is DENIED.

 IT IS FURTHER ORDERED that at this time, the Court will not grant the Plaintiff’s requested injunctive relief.  However, the Court reserves the right to grant such relief and any other relief in the future if justice so requires. 

DATED this 24th day of July, 2008.

 Raner C. Collins

United States District Judge