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VOL. 126 | NO. 116 | Wednesday, June 15, 2011

Sides In Schools Consolidation Lawsuit Argue Over Depositions

By Bill Dries

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Three of the key players in the schools consolidation lawsuit say they want a full trial on the dispute instead of an expedited ruling if they can’t depose a state education official on a key point in the lawsuit.

Also Tuesday, attorneys for the state of Tennessee requested a protective order from the court to quash deposition notices from attorneys for the Memphis City Council, Shelby County Commission and the city of Memphis.

The state says they violate the expedited schedule by which U.S. District Court Judge Hardy Mays is to decide the case sometime after a June 30 deadline for all motions, depositions and other discovery items to be submitted.

The state claims the new schedule set a date that has already passed for depositions.

Attorneys on the other side, led by council attorney Allan Wade, contend the date hasn’t passed.

The issues Wade wants to cover in the depositions include whether the state considers the Memphis City Schools a special school district as defined by state law.

But Deputy Tennessee Attorney General Kevin Steiling, the attorney for the state, says the city, council and commission never sought a written answer to that specific question. Instead, they asked about “the existence of other non-taxing special school districts.”

MCS does not have taxing authority. Other Tennessee school districts defined without dispute as special school districts do have such authority.

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