STATE OF NORTH CAROLINA
COUNTY OF WAKE
IN THE GENERAL COURT OF JUSTICE
SUPERIOR COURT DIVISION
95 CVS 1158
HOKE COUNTY BOARD OF EDUCATION;
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HALIFAX COUNTY BOARD OF EDUCATION; )
ROBESON COUNTY BOARD OF EDUCATION; )
CUMBERLAND COUNTY BOARD OF
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EDUCATION; VANCE COUNTY BOARD OF
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EDUCATION; RANDY L. HASTY, individually )
and as guardian ad litem of Randell B. Hasty;
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STEVEN R. SUNKEL, individually and as
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guardian ad litem of Andrew J. Sunkel; LIONEL
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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;
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ANGUS B. THOMPSON II, individually and as
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guardian ad litem of Vandaliah J. Thompson;
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MARY ELIZABETH LOWERY, individually
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and as guardian ad litem of Lannie Rae Lowery;
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JENNIE G. PEARSON, individually and as
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guardian ad litem of Sharese D. Pearson;
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BENITA B. TIPTON, individually and as
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guardian ad litem of Whitney B. Tipton; DANA
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HOLTON JENKINS, individually and as guardian )
ad litem of Rachel M. Jenkins; LEON R.
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ROBINSON, individually and as guardian ad
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litem of Justin A. Robinson,
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Plaintiffs,
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CASSANDRA INGRAM, individually and as
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guardian ad litem of Darrie Ingram; CAROL
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PENLAND, individually and as guardian ad litem )
of Jeremy Penland; DARLENE HARRIS,
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individually and as guardian ad litem of Shamek
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Harris; NETTIE THOMPSON, individually and
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as guardian ad litem of Annette Renee Thompson; )
OPHELIA AIKEN, individually and as guardian
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ad litem of Brandon Bell; ASHEVILLE CITY
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BOARD OF EDUCATION; BUNCOMBE
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MOTION TO INTERVENE
COUNTY BOARD OF EDUCATION;
DURHAM PUBLIC SCHOOLS BOARD OF
EDUCATION; WAKE COUNTY BOARD OF
EDUCATION; WINSTON-SALEM/FORSYTH
COUNTY BOARD OF EDUCATION,
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)
)
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Plaintiff-Intervenors,
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and
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RAFAEL PENN; CLIFTON JONES, individually )
and as guardian ad litem of CLIFTON
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MATTHEW JONES; DONNA JENKINS
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DAWSON, individually and as guardian ad litem )
of NEISHA SHEMAY DAWSON and TYLER
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ANTHONY HOUGH-JENKINS,
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Plaintiff-Intervenors,
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vs.
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CHARLOTTE-MECKLENBURG BOARD OF
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EDUCATION,
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Plaintiff-Intervenor and Realigned
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Defendant,
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and
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STATE OF NORTH CAROLINA and the
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STATE BOARD OF EDUCATION,
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Defendants.
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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 CharlotteMecklenburg 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
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& Sumter, P.A.
741 Kenilworth Ave., Suite 300
Charlotte, NC 28204
(704) 375-8461
ATTORNEYS FOR PLAINTIFF-INTERVENORS
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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
Thomas J. Ziko, Esquire
Laura Crumpler, Esquire
Office of the Attorney General
N.C. Department of Justice
114 W. Edenton Street
Raleigh, NC 27601
Counsel for Defendants
John Gresham, Esquire
S. Luke Largess, Esquire
Ferguson, Stein, Chambers,
Wallas, Adkins, Gresham
& Sumter, P.A.
P.O. Box 36486
Charlotte, NC 28636
Counsel for North Carolina
Association of Educators
Robert W. Spearman, Esquire
Melanie Black Dubis, Esquire
Parker Poe Adams & Bernstein, L.L.P.
P.O. Box 389
Raleigh, NC 27602
Counsel for Plaintiffs
Thomas M. Stern
P.O. Box 2206
Durham, NC 27702
Counsel for North Carolina
Association of Educators
H. Lawrence Armstrong, Jr., Esquire
Hux, Livermon & Armstrong
P.O. Box 217
Enfield, NC 27823
Counsel for Plaintiffs
Ann L. Majestic, Esquire
Tharrington, Smith L.L.P.
209 Fayetteville Street Mall
P.O. Box 1151
Raleigh, NC 27602
Counsel for Plaintiff-Intervenors
Audrey Anderson, Esquire
Hogan & Hartson, L.L.P.
555 13th Street NW
Washington, DC 20004
Counsel for PlaintiffIntervenors
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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