Student Doe v. the School District of Lower Merion Federal Civil Action Filed May 14, 2009

-------- ------------ ---------------

0

~S 44 (Rev 12107) CIVIL COVER SHEET The JS 44 civil cover sheet and the infonnation contained herein neitherreplace nor supplement the filing and service ofpleadings or other papers as required by law except as provided by local rules ofcourt This fonn approved by the Judicial Conference ofthe United States in September 1974 is reqUired for the use ofthe Clerk ofCourt for the purpose ofmitiating tile civil docket sheet (SEE INSTRUCTIONS ON THE REVERSE OF THE FORM)

IV NATURE OF SUIT (Place an Xin One Box Onlyl

LJ 10 Insurance PERSONALINJURV PERSONAL INJURV LJ 120 Marine LJ 310 Airplane 0 362 PersonallnjlllYshyo 130 Miller Act 0 3 I 5 Airplane Product Med Malpractice LJ 140 Negotiable Instrument Liability LJ 365 PersonallnjlllY LJ 150 Recovery ofOverpayment LJ 320 Assanl Libel amp Product Liability

amp EnforcementofJudgment Slander LJ 368 Asbestos Personal LJ 151 Medicare Act LJ 330 Federal Employers Injwy Product o 152 Recovery ofDefaulted Liability Liability

Student Loans LJ 340 Marine PERSONALPROPERTV (Exc Veterans) LJ 345 Matine Product 0 370 Other Fraud

LJ 153 Recovery ofOverpayment Liability LJ 371 Trufu in Lending of Veterans Benefits LJ 350 Motor Vehicle 0 380 Other Personal LJ 710 Fair Labor Standerds LJ 861 IDA (J395ff) Exchange

LJ 160 Stoclltholders Suits LJ 355 Motor Vehicle Property Damage Act LJ 862 Black Long (923) U 875 Customer Challenge LJ 190 Other Contract Product Liability LJ 385 Property Damage LJ 720 LaborMgmt Relations LJ 863 DIWCIDIWW (405(graquo 12 USC3410 LJ 195 Contract Product Liability LJ 360 Other Personal Product Liability LJ 730 LaborlMgmtReporting LJ 864 ssm Title XVI LJ 890 Other Smtutory Actions LJ 196 Franchise Injury amp Disclosure Act LJ 865 RSI (405(graquo LJ 891 Agricultural Acts ~~~~amplW11lROtmll1iYr~C mn )lRiSO~ S~ti LJ 740 Railway Labor Act L~SOrrsi 0 892 Economic Stabilization Act LJ 210 Land Condemnation LJ 441 Voting 0 510 Motions to Vacate o 790 Other Labor Litigation LJ 870 Taxes (US Plaintiff LJ 893 Environmental Matters LJ 220 Foreclosure LJ 442 Employment Sentence o 791 Empl Ret Inc or Defendant) LJ 894 Energy Allocation Act o 230 Rent Lease amp Ejectment LJ 443 Housing Habeas Corpus Security Act o 87llRS-Third Party LJ 895 Freedom oflnformation o 240 Tarts to Land Accommodations CJ 530 General 26 USC 7609 Act LJ 245 Tort Product Liability 0 444 Welfare p 535 Deafu Penalty GlampnQ~(ii~ LJ 900Appeal ofFee Determination LJ 290 All Other Real Property 0 445 Amer wlDisabilities- LJ 540 Mandamus amp Other LJ 462 Naturalization Application Under Equal Access

Employment LJ 550 Civil Rights LJ 463 Habeas Corpus - to Justice LJ 446 Amer wlDisabilities - CJ 555 Prison Condition Alien Detainee a 950 Constitutionality of

Other LJ 465 Oilier Immigration State Smtutes

440 Other Civil Rights Actions

o 610 Agriculture LJ 620 Other Food amp Drug LJ 625 Drug Related Seizure

of Property 21 USC 881 LJ 630 Liquor Laws LJ 640 RR amp Truck LJ 650 Airline Regs LJ 660 Occupational

SafetylHealfu LJ 690 Other

LJ 422 Appeal 28 USC 158 LJ 400 SIllIe Reapportionment o 423 Wifudrawal 0 410 Antitrust

28 USC 157 LJ 430 Banks and Banking LJ 450 Commerce

~BEIr LJ 460 Depor1ation LJ 820 Copyrights 0 470 Racketeer Influenced and LJ 830 Patent Corrupt Organizations LJ 840Trademark LJ 480 Consumer Credit

0 490 CableSat TV LJ 8I0 Selective Service LJ 850 SecuritiesCommodities

V ORIGIN (Place an X~ in One Box Only) Appeal to District

lSI Original o 2 Removed from 0 3 Remanded from o 4 Reinstated or 0 5 Transferred from 0 6 Multidistnct 0 7 Judge from Proceeding State Court Appellate Court Reopened anothr district Litigation MagIstrate

Jud ments eel

VI CAUSE OF ACTION Brief description ofcause This is a Civil Kights Action seeking injUnctive relief to stop megal busing

VII REQUESTED IN o CHECK IF THIS IS A CLASS ACfION DEMANDS CHECK YES only if demanded in complaint

UNDER FRCP 23 JURY DEMAND 0 Yes giNoCOMPLAINT Injunctive Relief VIII RELATED CASE(S)

(See instructions) IF ANY JUDGE DOCKET NUMBER

DATE

05142009

FOR OFFICE USE ONLV

RECEIPT AMOUNT MAG JUDGE

I (a) PLAINTIFFS

Student Does 1 through 9 and ParentGuardian Does 1 through 10

(b) County of Residence of First Listed Plaintiff Montgomery (EXCEPT IN us PLAINTIFF CASES)

(c) AttorneYS (Finn Name Address and Telephone Number)

David G C Arnold Esquire Suite 109 Royal Plaza 915 Mont ome Avenue Narberth Penns Ivania 19072 64 S6Zshy

II BASIS OF JURISDICTION (Place an X in One Box Only)

LJI US Government lI 3 Federal Question Plaintiff (US Government Not a Party)

o 2 US Government LJ 4 Diversity Defendant

(Indicate Citizenship ofParties in Item III)

DEFENDANTS

The School District of Lower Merion 301 E Montgomery Ave Ardmore Pennsylvania 19003

County ofResidence ofFirst Listed Defendant Montgomery (IN uS PLAINTIFF CASES ONLY)

NOTE IN LAND CONDEMNATION CASES USE THE LOCATION OF THE

LAND INVOLVED

Attorneys (IfKnown)

III CITIZENSHIP OF PRINCIPAL PARTIES(Place an X in One Box for Plaintiff (For Diversity Cases Only) and One Box for Defendant)

PTF DEF PTF DEF Citizen ofThis State LJ I LJ I Incorporated or Principal Place LJ 4 LJ 4

ofBusiness In This State

Citizen of Anofuer SIllIe LJ 2 LJ 2 Incorporated and Principal Place LJ 5 of Business In Another State

Citizen or Subject ofa LJ 3 LJ 3 Foreign Nation LJ6 LJ6 Forei Coon

UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF PENNSYLVANIA - DESIGNATION FORM to be used by counsel to iodlcate tbe category of the case for the purpose of assignment to appropriate calendar

Address of Plaintiff See footnote 1 on page 1 of Complaint

AddressofDefendant301 East Montgomery Avenue Ardmore Pennsylvania 19003

PlaceofAecidentlncidentorTransactionMontgompry coun t 1i ppn~l van a (Use Reverse ide For Add Pace)

Does this civil action involve a nongovernmental corporate party with any parent corporation and any publicly held corporation owning 10 or more of its stock

(Attach two copies of the Disclosure Statement Form in accordance with FedRCivP 71(araquo YesO NoXOC

Does this case involve multidistrict litigation possibilities YesO NoD

RELATED CASE IF ANY

Case Number __________ Judge ____________ Date Terminated _______________

Civil cases are deemed related when yes is answered to any of the following questions

1 Is this case related to property included in an earlier numbered suit pending or within one year previously terminated action in this court

Yes O NoXllC 2 Does this case involve the same issue of fact or grow out of the same transaction as a prior suit pending or within one year previously terminated

action in this court Yes 0 NolClK

3 Does this case involve the validity or infringement ofa patent already in suit or any earlier numbered case pending or within one year previously

terminated action in this court YesO NoXX

4 Is this case a second or successive habeas corpus social security appeal or pro se civil rights case filed by the same individual

YesO NoOilX

CIVIL (Place V in ONE CATEGORY ONLY) A Ftukral Question Cases B Diversity Jwisdiction Cases

1 0 Indemnity Contract Marine Contract and All Other Contracts 1 0 Insurance Contract and Other Contracts

2 0 FELA 2 0 Airplane Personal Injury

3 0 Jones Act-Personal Injury 3 0 Assault Defamation

4 0 Antitrust 4 0 Marine Personal Injury

5 0 Patent 5 0 Motor Vehicle Personal Injury

6 0 Labor-Management Relations 6 0 Other Personal Injury (Please specify)

7XCit Civil Rights 7 0 Products Liability

8 0 Habeas Corpus 8 0 Products Liability Asbestos

9 0 Securities Act(s) Cases 9 0 All other Diversity Cases

10 0 Social Security Review Cases (please specify)

11 0 All other Federal Question Cases (please specify)

ARBITRATION CERTIFICATION (Check appropriate CAtegory)

I--Dolta-v-i=--d=--G--o--C---A~r=no~ld=--__-- counsel ofrecord do hereby certify

o Pursuant to Local Civil Rule 532 Section 3( c )(2) that to the best of my knowledge and belief the damages recoverable in this civil action case exceed the sum of $15000000 exclusive of interest and costs

ft Relief other than monetary damages is soug

DATE May 4 2009 49819 Attorney ID

Iy if there has been compliance with FRCP 38

I certify that to my Imowledge the within except as Doted above

DATE MEiY 14 I 2009

CIV 609 (608)

APPENDIXG

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF PENNSYLVANIA

Student Doe 1 by and through his ParentsGuardians Does 1 and 2 et al

V Civil Action No ------ shyThe School District of Lower Merio~

DISCLOSURE STATEMENT FORM

Please check one box Not applicable in that plaintiffs are individuals

o The nongovernmental corporate party _________---_-shy in the above listed civil action does not have any parent corporation and publicly held corporation that owns 10 or more of its stock

o The nongovernmental corporate party __---_____---------_ in the above listed civil action has the following parent corporation(s) and publicly held corporation(s) that owns 10 or more of its stock

Date Signature

Counsel for

Federal Rule of Civil Procedure 71 Disclosure Statement (a) WHO MUST FILE CONTENTS A nongovernmental corporate party must file

two copies of a disclosure statement that (1) identifies any parent corporation and any publicly held corporation

owning10 or more of its stock or

(2) states that there is no such corporation

(b) TIME To FILE SUPPLEMENTAL FILING A party must (1) file the disclosure statement with its first appearance pleading

petition motion response or other request addressed to the court and

(2) promptly file a supplemental statement if any required information changes

-------

APPENDIXG


Student Doe 1 by and through his ParentsGuardians Does 1 and 2 et ala

V Civil Action No

The School District of Lower Merio~


Please check one box Not appl icable in that plaintiffs are individuals

a The nongovernmental corporate party ___________-shy in the above listed civil action does not have any parent corporation and publicly held corporation that owns 10 or more of its stock

a The nongovernmental corporate party __---_____----------_ in the above listed civil action has the following parent corporation(s) and publicly held corporation(s) that owns 10 or more of its stock

Date Signature

Counsel for








APPElTJ)IX I IN 11lE UNITED STATES DISTRICT COURT

IlOR THE EASTERN DISTRICT OI PENNSYLVANIA

CASE J-fANACKilENT TRACK DESIGNATION FORM

Student Doe 1 by and through ClvlL ACTIONhis ParentsGuardians Does 1

and 2 et al v

The School District of Lower Merion NO

In acconlance with the Civil Justice Expense and Delay Reduction Plan of this courtgt counsel for plaintiff shall complete a case Jvfanagement Track Designation Fonn in all civil cases at the time of filing the complaint and serve a copy on all defendants (Sec sect 103 ofthe plan set forth on the reverse side of this fonn) In the event that a defendant does not agree with the plaintiff regarding said designation that defendant shan with its first appearance submit to the clerk ofcourt and serve on the plaintiff and all other parties a case management track designation form specifying the track to which that defendant believes the case should be assigned

SELECT ONE OF THE FOLLOWING CASE MANAGEMENT TRACKS

(a) Habeas Corpus - Cases brought under 28 USC sect2241 through sect2255 ( )

(b) Social Security - Cases requesting review ofa decision ofthe Secretary ofHealth and Human Services denying plaintiff Social Security Benefits ( )

(c) Arbitration - Cases required to be designated for arbitration under Local Civil Rule 532 ()

(d) Asbestos - Cases involving claims for personal injury or property damage from exposure to asbestos ( )

(e) Special Management - Cases that do not fall into tracks (a) through (d) that are commonly referred to as complex and that need special or intense management by the court (See reverse side ofthis fonn for a detailed explanation ofspecial management cases) (x )

(f) Standard Afanagement - Cases that do not fall into anyone ofthe other tracks ( )

May 14 2009 t t llIaintiffs --~~~~~----~

Date ~ttorney-at-Iaw Attorney for

(484) 562-0008 Dayidgcarnoldaolcom felcphone IAXNumbcr E-Mail AddrtSs

(eiy 6(0) 10fll2

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA

Student Doe 1 by and through his ParentsGuardians Does 1 and 2

and Civil Action No

Student Doe 2 by and through her ParentGuardian Doe 3

09 2095 and

Student Does 3 and 4 by and through their ParentGuardian Doe 4

and

Student Doe 5 by and through his ParentGuardian Doe 5

and


and


and

Student Does 8 and 9 by and through their ParentsGuardians Does 9 and 101

Plaintiffs

v

I Students Doe and ParentsGuardians Does true names and addresses do not appear in this pleading pursuant to Rule 52 ofthe Federal Rules ofCivil Procedure and Rule 513 of the Rules of Civil Procedure of the United States District Court for the Eastern District of Pennsylvania Said infonnation will be made available to this Honorable Court upon request

The School District of Lower Merion 301 East Montgomery Avenue Ardmore Pennsylvania 19003

Defendant

COMPLAINT

Plaintiffs by and through their undersigned counsel now file the present Civil

Rights Action in order to contest the final redistricting plan adopted by the School

District of Lower Merion on January 12 2009 and to request that this Honorable Court

enjoin said government action In support of their claims plaintiffs aver the following

Parties

1 Plaintiffs ParentGuardian Does 1 and 2 are the parents andor guardians of

Student Doe 1

2 Plaintiff ParentGuardian Doe 3 is the parent andor guardian of Student Doe

2

3 Plaintiff ParentGuardian Doe 4 is the parent andor guardian of Student Does

3 and 4


5


Student Doe 6


7

7 Plaintiffs ~arentGuardian Does 9 and 10 are the parents andor guardians of

Student Does 8 and 9

2

8 All of the above noted plaintiffs live in a neighborhood bounded by Athens

Avenue Wynnewood Road County Line Road and Cricket Avenue in South Ardmore

Pennsylvania

9 All ofthe parties identified as Student Doe attend either an elementary school

or middle school in the School District ofLower Merion

10 All of the parties identified as Student Doe are minority students and the

South Ardmore neighborhood in which they live is the only neighborhood in Lower

Merion which has a significant African American population

11 Defendant School District of Lower Merion hereinafter referred to as Lower

Merion is located in Montgomery County Pennsylvania and its administrative offices

are located at 301 East Montgomery Avenue in Ardmore Pennsylvania

12 Lower Merion is the entity charged with the legal responsibility to provide

among other things both regular and special education services to school age children

residing in Lower Merion Township and Narberth Borough

13 Lower Merion is run by the duly elected Lower Merion School Board which

consists of nine (9) School Board Members

14 These School Board Members are chosen in at large elections in Lower

Merion Township and Narberth Borough

15 None of the sitting School Board Members reside in the neighborhood where

Students Doe reside

Jurisdiction

16 This Honorable Court has jurisdiction over the claims set forth herein

pursuant to 28 USC Section 1331

3

Facts Common to All Counts

17 Lower Merion operates six (6) elementary schools (ie Belmont Hills

Elementary School Cynwyd Elementary School Gladwyne Elementary School Merion

Elementary School Penn Valley Elementary School and Penn Wynne Elementary

School) two (2) middle schools (ie Bala Cynwyd Middle School and Welsh Valley

Middle School) and two (2) high schools (ie Lower Merion High School and Harriton

High School)

18 Despite the fact that numerous children in Lower Merion attend a

neighborhood school for either elementary school or middle school Students Doe do

not attend a neighborhood school for either elementary or middle school because there

is no such school in their neighborhood Students Does only neighborhood school is

Lower Merion High School which is located less than one (l) mile from their homes

19 Lower Merion is not at the present time nor has it ever been subject to a

busing decree entered by any Federal andor State Court

20 Lower Merion has received in the past and continues to receive ongoing

Federal Funding

21 As the final stage of its Capital Improvement Program that began in 1997

Lower Merion decided to rebuild both Lower Merion High School and Harriton High

School

22 Lower Merion formed the Community Advisory Committee in January 2004

in order to assist it in determining whether its two (2) high schools would be built to

house approximately the same number of students or whether the two (2) high schools

would be built to house their current student populations According to Lower Merions

4

statistics Lower Merion High School presently houses one thousand five hundred and

sixty (1560) students while Harriton High School presently houses eight hundred and

seventy five (875) students

23 In its report dated May 24 2004 the Community Advisory Committee

advised Lower Merion that it recommended that Lower Merion High School and Harriton

High School be built to house approximately the same number of students

24 Lower Merion subsequently adopted the Community Advisory Committees

recommendation in 2004

25 Lower Merions actions in 2004 set the stage for the present busing dispute

When Lower Merion decided to change the size of its existing high schools it became

necessary to redistrict students away from Lower Merion High School and to then direct

them to Harriton High School It is the manner in which Students Doe were selected to

attend and then mandated to attend Harriton High School which is at the very heart of

this litigation

26 Throughout the redistricting process race issues have been of paramount

concern

27 Lower Merion started the redistricting process in March of2008

28 According to its records Lower Merion adopted a multi-step process in order

to devise to deliberate on and then to adopt a redistricting plan

29 Lower Merion apparently conducted initial internal non-public meetings in

April 2008 about redistricting Documents obtained pursuant to a Pennsylvania Right to

Know Request indicate that race played a part in redistricting Specifically in a

document titled Redistricting Recommendations dated April 18 2008 The distribution

5

of minority students is listed as an item that must be addressed before a redistricting

plan can be established A true and correct copy of the aforementioned document is

appended hereto as Exhibit A

30 At its April 28 2008 School Board Meeting the Lower Merion School

Board adopted guidelines which it termed non-negotiables The School Board took the

position that any redistricting plan presented andor adopted would have to comply with

these guidelines

31 These adopted guidelines were

(a) The enrollment of the two (2) high schools and two (2) middle schools would

be equalized

(b) Elementary students would be assigned so that the schools would be at or

under the school capacity

(c) The plan would not increase the number ofbuses required

(d) At a minimum the class of 2010 would have the choice to either follow the

redistricting plan or stay at the high school oftheir previous year and

(e) Redistricting decisions would be based upon current and expected future

needs and not based upon past redistricting outcomes or perceived past promises or

agreements

32 Lower Merion then allegedly sought to engage the community at large by

conducting focus group meetings during May and June 2008 The purpose of these

meetings was purportedly to identify community values that would assist in the

formation ofa final redistricting plan

6

33 Focus group meetings were conducted under the direction of a private

contractor named URS on May 292008 June 8 2008 June 9 2008 June 102008 and

on June 19 2008 In addition feedback was also collected from the community via

online surveys during this period

34 During each of the aforementioned focus group meetings the participants

identified the lack ofdiversity as a concern in Lower Merions schools

35 URS subsequently reported its findings to the Lower Merion School Board in

a report dated July 11 2008

36 According to URS report exploring and cultivating whatever diversityshy

ethnic social economic religious and racial-there is in Lower Merion was a value

based principle that arose in the focus group meetings

37 While the aforementioned focus group meetings were taking place in May and

June of 2008 Lower Merion hired a consultant Ross Haber Associates Inc in June of

2008 to assist it in identifying demographic trends that would be used in drafting a

redistricting plan

38 According to Ross Habers contract with Lower Merion Lower Merion was

to provide Ross Haber with a six (6) year enrollment history The contract goes on to

state that This data should include not only enrollment but also information regarding

ethnicity and socio-economic status A true and correct copy of the June 25 2008

contract between Ross Haber and Lower Merion is appended hereto as Exhibit B

39 Under the terms ofthe aforementioned contract Ross Haber was to provide to

Lower Merion among other things [ e ]nrollment trends based upon ethnicity as well

as [e]nrollment trends based upon socio-economic factors

7

40 In addition to identifying demographic trends within the district Lower

Merion also retained Mr Haber to assist it in drafting the redistricting plan

41 Using the information acquired from the May-June 2008 focus group

meetings and the Lower Merion School Districts non-negotiable guidelines as well as

the demographic information from Ross Haber Lower Merion and Ross Haber went

about drafting Lower Merions Redistricting Plan in the Summer of2008

42 Lower Merions First Redistricting Plan was presented at the Lower Merion

School Board Meeting on September 8 2008

43 Although the First Redistricting Plan did not change the existing school

placements for Students Doe it drastically changed the racial make-up of Lower Merion

High School and Harriton High SchooL

44 The First Redistricting Plan achieved the changes at the high school level by

altering school feeder patterns at the middle school level According to the proposed plan

The Penn Valley Elementary School Community was redistricted from Welsh Valley

Middle School to Bala Cynwyd Middle School and then to Lower Merion High School

The Penn Wynne Elementary School Community was redistricted from Bala Cynwyd

Middle School to Welsh Valley Middle School and then onto Harriton High Schoo12

45 Lower Merion prominently displayed its diverse high school student

populations during the course of its slide show presentation on its First Redistricting Plan

Lower Merion proudly displayed this data in order to affirm that it was honoring the

community value ofdiversity A true and correct copy of the relevant portion of the slide

show is appended hereto as Exhibit C

2 The proposed map for the First Redistricting Plan can be accessed via the internet at httpwwwlmsdorgldocumentslredistrictingmap -proposedpdf

8

46 Public comment was then permitted on the First Redistricting Plan

47 Thereafter Lower Merion presented its Second Redistricting Plan at the

Lower Merion School Board Meeting on October 20 2008

48 Although the Second Redistricting Plan also did not change the existing

school placements for Students Doe it again drastically changed the racial make-up of

Lower Merion High School and Harriton High School

49 The Second Redistricting Plan achieved changes at the high school level by

changing attendance patterns at the middle school level Under the Second Plan all

children attending Belmont Hills Elementary School and Gladwyne Elementary School

would attend Welsh Valley Middle School and then Harriton High School Those

children attending Penn Valley Elementary School that lived in the Penn Valley area and

that lived in the Haverford area would also attend Welsh Valley Middle School and then

Harriton High SchooL Those children attending Penn Wynne Elementary School that

lived in the Wynnewood area bounded by East Lancaster A venue and Ballytore Avenue

to Ballytore Circle would also attend Welsh Valley Middle School and then Harriton

High SchooL Those children attending Penn Wynne Elementary School that lived in the

South Ardmore area bounded by Cricket A venue Wyoming A venue and Lancaster

Avenue to County Line Road would also attend Welsh Valley Middle School and then

Harriton High SchooL Those children attending Merion Elementary School that lived in

the area bounded by East Lancaster Road East Wynnewood Avenue the North side of

Rockland Road and Merion Road to East Montgomery Avenue would also attend Welsh

Valley Middle School and then Harriton High School All children attending Cynwyd

Elementary School would attend Bala Cynwyd Middle School and then Lower Merion

9

High School Those children attending Penn Wynne Elementary School that did not live

in the Wynnewood area identified above would attend Bala Cynwyd Middle School and

then Lower Merion High School Those children attending Merion Elementary School

that did not live in the area identified above would attend Bala Cynwyd Middle School

and then Lower Merion High School Those children attending Penn Valley Elementary

School that did not live in the Penn Valley and Haverford areas identified above and

those students living in the Lower Merion High School Walk Zone would attend Bala

Cynwyd Middle School and then have a choice to attend either Lower Merion High

School or Harriton High School Those children attending Belmont Hills Elementary

School living in the Lower Merion High School Walk Zone would attend Welsh Valley

Middle School and then have a choice of attending either Lower Merion High School or

Harriton High School 3

50 Lower Merion once again prominently displayed its more diverse high

school student populations during the course of its slide show presentation on its Second

Redistricting Plan A true and correct copy of the relevant portion of the slide show is

appended hereto as Exhibit D

51 Public comment was then permitted on the Second Redistricting Plan

52 Thereafter Lower Merion presented its Third Redistricting Plan at the Lower

Merion School Board Meeting on November 24 2008

53 Like the previous plans the Third Redistricting Plan once again drastically

changed the racial make-up of Lower Merion High School and Harriton High School

3 The proposed map for the Second Redistricting Plan can be accessed via the internet at httpwwwlmsdorgdocumentsiredistrictingmalLProposed2pdf

10

Unlike the previous plans the school placements for Students Doe changed in that they

no longer had a choice to attend Lower Merion High School or Harriton High School

54 Despite contending vehemently during the early phases of the redistricting

process that it could not present a workable 3-1-1 model (ie three designated elementary

schools feeding a single middle school which would in tum feed one high school) Lower

Merion changed its position entirely and presented in Redistricting Plan Three a 3-1-1

model

55 The Third Redistricting Plan achieved changes at the high school level using

the aforementioned 3-1-1 model Under the Third Redistricting Plan all children

attending Belmont Hills Elementary School and Gladwyne Elementary School would

attend Welsh Valley Middle School and then Harriton High School Those children

attending Penn Valley Elementary School would all attend Welsh Valley Middle School

Those children attending Penn Valley Elementary School that lived in the abbreviated

Lower Merion High School Walk Zone could choose to attend either Lower Merion High

School or Harriton High School All other children attending Penn Valley Elementary

School would attend Harriton High School All children attending Penn Wynne

Elementary School Cynwyd Elementary School and Merion Elementary School would

attend Bala Cynwyd Middle School and then Lower Merion High School 4


school student populations during the course of its slide show presentation on its Third


appended hereto as Exhibit E

4 The proposed map for the Third Redistricting Plan is included in materials that can be accessed via the internet at httpwwwlmsdorgdocumentsredistricting081124 presentationpdpound

11

57 Public comment was then pennitted on the Third Redistricting Plan

58 In a letter dated December 12 2008 the undersigned counsel on behalf of

Concerned Ardmore Parents faxed a letter to the Superintendent of Lower Merion

advising him that the Third Redistricting Plan was illegal in the light of the United States

Supreme Courts holding in Parents Involved in Community Schools v Seattle School

District No1 127 SCt 2738 (2007) among other reasons

59 Thereafter Lower Merion presented its Third Redistricting Plan Revised at

the Lower Merion School Board Meeting on December 15 2008

60 Like the previous plans the Third Redistricting Plan Revised once again

drastically changed the racial make-up of Lower Merion High School and Harriton High

School Like the Third Redistricting Plan the Third Redistricting Plan Revised changed

the school placements for Students Doe in that they no longer had a choice to attend

Lower Merion High School or Harriton High School Under the Third Redistricting Plan

Revised Students Doe had to attend Harriton High School

61 The Third Redistricting Plan Revised once again achieved changes at the high

school level using the aforementioned 3-1-1 model The difference between the Third

Redistricting Plan and the Third Redistricting Plan Revised is that the revised plan

restored choice of high school to the Belmont Hills Elementary students and Penn Valley

Elementary students in the historic Lower Merion High School Walk Zone restored

choice to any student attending Merion Elementary School Penn Wynne Elementary

School and Bala Cynwyd Elementary School and it promised the creation of an

12

additional program at Harriton High School to lure prospective students assigned to

Lower Merion High School to seek enrollment at Harriton High School 5

62 Interestingly for the first time since presentations started regarding

redistricting plans Lower Merion did not present any information regarding its more

diverse high school student populations during the course of its presentation regarding

its Third Redistricting Plan Revised

63 Furthermore in an October 31 2008 Memorandum to the Lower Merion

School Board the Superintendent of Lower Merion acknowledged that use of a 3-1-1

model could create a racially isolated group of African American Students at Harriton

This is in fact what is going to happen in September 2009 True and correct copies of the

relevant pages of the aforementioned Memorandum obtained pursuant to a Pennsylvania

Right to Know Request are appended hereto as Exhibit F

64 Public comment was then permitted on the Third Redistricting Plan Revised

65 In a letter dated January 9 2009 the undersigned counsel on behalf of

Concerned Ardmore Parents faxed another letter to counsel for Lower Merion once again

advising that the Third Redistricting Plan Revised was illegal in the light of the United

States Supreme Courts holding in Parents Involved in Community Schools v Seattle

School District No 1 127 SCt 2738 (2007) among other reasons and that Lower

Merion could avoid the present litigation if it sought to increase diversity at Harriton

High School through legal means rather than through mandatory illegal busing

66 On January 12 2009 Lower Merion conducted a School Board Meeting

during which the Lower Merion School Board deliberated on the Third Redistricting Plan

5 The proposed map for the Third Redistricting Plan Revised can be accessed via the internet at httpwwwlmsdorgidocumentslredistricting081216ylan3pdf

13

Revised and then voted to accept said plan Two (2) of the School Members voted

against the plan

67 Having put Lower Merion on ample notice of their legal objections during the

course of the redistricting process Students Doe find themselves with no other recourse

at this time to combat the clearly unconstitutional illegal and improper redistricting plan

adopted by Lower Merion than to take the present legal action

Count I Violation of the Fourteenth Amendment to the United States Constitution

68 Students Doe incorporate herein by reference paragraphs 1 through 67 of this

Complaint as if set forth herein at length

69 The Fourteenth Amendment to the United States Constitution bars state action

that discriminates on the basis ofrace

70 Redistricting Plan Three Revised violates the Fourteenth Amendment to the

United States Constitution in that it discriminates against Students Doe on the basis of

race by mandating that said students attend Harriton High School because they are

minorities

71 Redistricting Plan Three Revised also violates the Fourteenth Amendment to

the United States Constitution in that it imposes an undue burden on minority students

72 Pursuant to 42 USC Section 1983 a private citizen may bring a private

cause of action against any person who under color of any statute ordinance

regulation custom or usage of any State or Territory or the District of Columbia

subjects or causes to be subjected any citizen of the United States or other person within

the jurisdiction thereof to the deprivation of any rights privileges or immunities secured

by the Constitution and laws

14

WHEREFORE Students Doe respectfully request that this Honorable Court

grant them the following relief

(1) Temporarily enjoin the imposition of Redistricting Plan Three Revised as it

relates to them and restore their option to attend either Lower Merion High School or

Harriton High School until a full and proper hearing on this matter can be conducted

(2) Permanently enjoin the imposition of Redistricting Plan Three Revised as it

relates to them following a full and proper hearing on this matter and restore their option

to attend either Lower Merion High School or Harriton High School and

(3) Award them attorneys fees costs and expert fees in accordance with 42

USC Section 1988

Count II Violation of 42 USC Section 1981



74 42 USC Section 1981 bars state action that discriminates on the basis of

race

75 Redistricting Plan Three Revised violates 42 USC Section 1981 in that it

discriminates against Students Doe on the basis of race by mandating that said students

attend Harriton High School because they are minorities

76 Redistricting Plan Three Revised also violates 42 USC Section 1981 in that

it imposes an undue burden on minority students




15













USc Section 1988

Countm Violation of 42 USC Section 2000d et seq



79 Under Title VI of the Civil Rights Act 42 US C Section 2000d et~ No

person in the United States shall on the ground of race color or national origin be

excluded from participation in be denied the benefits of or be subjected to

discrimination under any program or activity receiving Federal financial assistance

80 For purposes of Title VI program or activity means all of the operations of

a local educational agency system of vocational education or other school

system 42 USC Section 2000d-4a(2)(B)

16

81 The actions of Lower Merion are governed by Title VI of the Civil Rights Act

in that it is operating a school system that receives Federal Funds

82 Lower Merions Redistricting Plan Three Revised violates Title VI of the

Civil Rights Act in that it discriminates against Students Doe on the basis of race by

mandating that said students attend Harriton High School because they are minorities

83 Redistricting Plan Three Revised also violates Title VI of the Civil Rights Act

in that it imposes an undue burden on minority students

84 A civil action may be brought against Lower Merion pursuant to 42 USC

Section 2000d-7















17


USC Section 1988

Respectfully submitted

David G C Arnold

P nnsylvania Attorney Identification No 49819

Suite 109 Royal Plaza 915 Montgomery Avenue Narberth Pennsylvania 19072 (484) 562-0008

Attorney for Plaintiffs

Dated May 14 2009

18

EXHIBIT A

o

0

April 18 200amp

Redistricting Recommendations

Important facets to keep in mind

o Population distribution - where people live in relation to the schools o LMSD Transportation Policy - key parameters (l) val-king distances - eiementary

34 mi~e and secondary 1 mile (2) we transport students that live on hazardous roads that have leen so certified by the Pennsylvania Department of Transportation

o Capacity ofschools -elementary middle and high

Herns that must pc addres~ed before a redistricting plan oan beestablished

o A grandfatliering scheme for high school students o The cent(ai offlce mustieview and assiamplt~he speciaJ education c1assToems to the

schools a Indivi~ school capacities should be~usted after special education classrooms

have beef ~sigtled o The distribution of minorily st-udents

Reviewand modify the current attendance area~olicy cxCeptions te only jnolude special educationand IB siudtmtS Sheuld there be feeder patterns fur students movin~ through Ute schools element~ry to middle and middleto high

Adrninistratien recommended tlon-negoti~les~ for the redistricting pian - items the plan MUST addtess

c( Eq-taf~~nron~betetnthtrtwehigh schools~ the two roid91e schools As$ignsrudents andcOtiSider theetrect~fthe IiighschOol grandfathering scheme - CD Asi~ minontf students in a9COrd~nce wiUt above dooision

o Assign elemenflWY students so that tlie schools are at 9flU)derthe school capacitY o Plan-may notincrease number ofbusesrequired

Objectives - things F-~-W9uJd li~e to accomplish

o Maintain a~asonable bus travel time for students o MrucimJze students that can valk to school o Determine the degree at which the MELe can continue to provide day care

progra~ at our eiementary schools o Consider what impact of the Narberth School may have in tlie future

I

i

April 18 2qoS



[] Population middotdistribution where people live in relation to the schools [] LMSD Transportation Policy - key p81llD1eters (1) walking distances - elementary

34 mile and secondary 1 mile (2) we transport students that live on hazaroous roads that have been so certified by the Pennsylvania Department of Transportation

o Capacity ofschools - elementary middle and high

Items that must be addressed before a redistricting plan

o A grandfathering scheme for high school d The central office mustreview and ~JOOlltlS to the

schools o Individual school capacities should

have been assigned o The distribution of miIlLOn1y o Review and modifythe

special educatloh andm o Should there bef~er

elementaty to

schools and the two middle schools high school grandfatliering middotampcheme

aboyedecision thatthe schooI$ are at or under the schoolcapacity ofbuses required

Objectives shy

[] Maintain a bus lqivel time for students o Maximize students that can walk to school [] Detennine the de~ at Vhich the MELC can continue to provideday care

programs at our ~lementatY schools o Consider what impact of the Narberth School may have in the future

EXIDBITB

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Agreement for a Demographic Study

This agreement is made as ofIune ~2008 between

The Lower Merion School District a Public School District with its administrative office located at 301-E Montgomery St Ardmore PA 19003 hereinafter referred to as the District

and

Ross Haber Associates Inc a New York State Corporation with offices located at 5 Sea Gull Lane Port Washington NY 11050 hereinafter referred to as the Coosultanl

At the request ofthe DiStrict the Coosultant provided a proposal to conduct a demographic study

The District at its Board ofEducation Meeting dated _~JZOO8 approved the Coosultant to conduct said study

I Services

The Consultant will provide the following services to the District

1 Enrollment Projectioos on a District Wide Basis 2 Enrollmentmiddotprojections for each ofthe individual public schools within the

District 3 An analysis and projection for all students living with in the District and

specifically within the attendance zones for each ofthe schools (this includes students who attend the Districts schools as well as those who attend private andor parochial schools-private and parocbial school analysis based upon availability ofdata)

4 Enrollment trends based upon ethnicity S Enrollment trends based t1pOn socioeconomic factors 6 Analysis of the current attendance zones for all schools 7 Creation ofnew attendance zones for the two high schools to provide more equal

balance in the enrollments ofboth schools 8 Analysis of the impact on feeder patteros from the elementmy to middle to high

schools 9 Adjustment ofmiddle school and elementary school attendance zones based upon

needed changes in feeder patterns

Other factors to be analyzed are the functional and operational ClPacities of each ofthe buildings based upon current District policies regarding class sizes and room utilization (eg--specialty rooms such as art music computer) and pre-Idndergarten and special needs OODSideratioos

1

The study will also examine ways ofbaLancing enrollments between buildings

IL Deliverables

The Consultant will provide the following deliverables

a Monthly progress reports updating the administration on the status ofthe project

b Meetings between the Consultant and District Personnel (both Central Office Building and School Boaro) as needed based upon mutually convenient times

c A preliminary draft of the fmal report presented to the District staff for review

d A final report providing the District with a narrative along with tables charts and maps supporting the findings ofthe study

e Presentations at School Board meetings concerning redistricting

IlL District Responsibilities

The District will provide the Consultant with materials necessaty to perform the study This will include but may not be limited to

a At least a six-yearenrollmenthistory ofthe District This should be based upon the annual reports filed by the District with the Pennsylvania Department of Education and should be for the entire District and for each ofthe public schools

This data should include not only enrollment but also information regarding ethnicity and soclo-economic status

2

b A copy ofthe most recent enrollment study prepared for the District

c Either floor plans for each ofthe Districts schools andor a summary of classrooms available in each building

d A map which delineates the current attendance zones for each ofthe Districts schools

e A download from the Districts students database This may be requested several times over the course of the study The data fields and file format will be provided to the District

IV Consultant Responsibilities

The Consultant will research the following data

a History ofpermits for the construction ofnew residential housing exclusive ofage restricted housing

b New housing deVelopments which have received approval from the Lower Merion Planning Board

c Birth data attributable to the District

The Consultant will also obtain a digital map which will be used for locating students schools and attendance zones

V Compensation

As compensation for the services as descnoed above the Consultant shall recei ve $20000

Payment shall be made as follows

3

a June 30 2008 (upon submission of the June progress report) $4000

b July 312008 (upon submission ofthe July progress report) $4000

c AugUst 3I 2008 (upon submission ofthe August progress report) $4000

d September 30 2008 (upon submission ofSeptember progress report) $4000

e Final payment followingfmal public presentation ofthe study $4000

middotruz Date

For Ross Haber Associates Date Date

4

RIDER TO AGREEMENT BE1WEEN LOWER MERION SCHOOL DISTRICT (DISTRIGr) AND

ROSS HABER ASSOCIATES INC (CONSULTANT)

1 Termination - This agreement may be tenninated by either party giving thirty (30) days written notice to the other party at the address stated above or at an address chosen subsequent to the execution of this agreement and duly communicated to the party giving notice

2 Confidentiality - In the performance ofits duties Consultant may have access to certain ofthe Districts records including but not limited to student records personnel records and financial records (District Records)

a Consultant acknowledges that in performance ofits duties under the Contract and in particular when Consultant has access to District Records Consultant is acting as an agent ofthe District

b - Consultant agrees not to copy duplicate retain or disclose any District Records or any information contained therein to anyone in any format other than to a District administrator for purposes related to the Consultants duties for the District and

c Consultant agrees that it will indemnitY defend and hold the District harmless from any claim or loss including buy not necessarily limited to any claim for

- damages or loss offunding arising fium Consultants copying duplication retention or disclosure or alleged copying duplication ret~ion or disclosure of any District Records or information contained in-any District Records shy

3 Other Conditions - As an inducement to the execution ofthis Agreement by the District and in cOnsideration ofthe agreements to be performed by the District ConsUltants covenant that

a Qualifications Consultants are qualified to perfonn the services to be furnished Wider this Agreement and are permitted by law to perform such services

b Solic~tation ofAgreement Consultants have not employed any person to solicit -this Agreement and have not made and will not make any payment or any agreement for the payment ofany commission percentage brokemge contingent fee or otPer compensation in connection with the Jgtrocurement ofthis Agreement

c Facilities and Personnel Consultants have and will continue to have proper facilities and personnel to -perform the services and work agreed to be performed _If the Consultants propose to employ any person or persons to perform any of the services which are the subject ofthis Agreement the employment ofsuch person or persons for such putpose shall not place the District under any obligation to such employee nor relieve Consultants offull responsibility for the faithful performance ofthe services to be furnished under this Agreement

Memo of Agreement PageldegrVTE-M~CoUini

d Assignment Consultants rights obligations and duties under this Agreement shall not be assigned in whole or in part

e Subcontracting None of the work or services covered by this Agreement shall be subcontracted without the prior approval ofthe District

f Records Consultants shall maintain records ofall details with respect to the services to be performed under this Agreement All records maintained by Consultants pursuant to this section are subject to review by the District at the request ofthe District Superintendent

g Independent Contractor - Consultants agree it is an independent contractor and agrees ~ perform the work under this agreement as an independent contractor Medical unemployment life insurance retirement social securitymiddotand other benefits will not be accorded to Consultants during the life ofthis agreement The District agrees that manner and means ofproviding the services described are ~derConsultants sole control

4 Notices - All notices to Consultant shall be considered to be properly given if sent by certified mail to the address specified below or delivered personally to Consultant

Ross Haber Associates Inc 5 Sea Gull Lane

Port Washington NY 11050

All notices or other papers given to the District shall be considered to be sufficiently given if sent by certified mail to

Dr Michael Kelly Acting Assjstant Superintendent 310 E Montgomery Avenuemiddot Ardmore PA 19003

with a copy to

Kenneth A Roos Solicitor Wisler Peartstine LLP 484 Nonistown Road BlueBell PA 19422

or such other representative or address as the District may designate to Consultant in writing

Memo of Agreement Pa~2of3Q~T~MFort Collins

LOWER MERION SCHOOL DISTRICT

B~__-7~~~~r-~____

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B~___________________

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Date ATIEST

By___________________

Memo of Agreement Page 3(O~r~M middot~CDllins

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Memorandum

To Members of the Board of SChool Directors

From C~ristopher McGinley superintende~~

Subject Redistricting

1 Background on Recent Meetings 2 Important Issues Needing Decision or Discussion on Monday

Date October 312008

Background Information on Recent Community Meetings

Iwish to begin by providing you with a brief review of the meetings that were conducted this week relatingto redistricting There were three meetings held at the request of parents representing three general communities Penn Wynne Merion and Narberth Mike Kelly attended the meetings with me and Shawn Bernatowicz was present forth~ ~eeting at Penn Wynne The meetings were generally respectful in tone although there was some ~Ilotion expressed about the So~th Ardmore communitys history Two of the meetings included the assertion that the curreritplan was racially motivated

The largest of the three meetings was held on Wednesday evening at Penn Wynne This meeting was requested in mid-September by the Co-Presidents of the HSA Ischeduled this meeting after the second map or plan would be made public ~re were about 60-75 people in attendance at the meeting including a number of parents from the Ballytore area and South Ardmore I have attached a list of the questions that they had submitted in advance and the notes that I made in anticipation of answering those questions In addition to answering the previously submitted questions there was about an hour of comments and questions The major points that were stressed In that session were

bull The Hchildren of Ballytore belong with their friends and should not be carved out Members of that area also view the bus travel to Harriton and Welsh Valley as an unfair burden on the children

bull The South Ardmore community has a history of losing school assets and the socio-economic conditions of the community need to be conSidered the community (under any plan) should have an option of either high school Comments were made alleging that South Ardmore was

being used to diversify Harriton bull The district should redistrict the elementary schools if necessary in order to accomplish a 3-1-1

feeder plan

The second meeting was held Thursday in my office with six representatives of the Merion community The representatives had an outline for the meeting which we followed Thatis also attached The group also submitted a list of tyenty questions By the time that we got 0 the questions we had covered most of the issues The group represented the Merion elementary school community as a unit that should

The idea that there is a 3-1-1 Solution MV Perspective Not FuliV Decided

At the meeting last week many people suggested a three-one-one K-12 solution Some people have even given me models that sh~w a three-one-one As Iexplained at the meeting three-one-one works if onlv we give up a walking area for lower Merion High School or we plan on transporting from City Avenue Here are two of the plans that are being discussed bV parents

The Travel Equitv Proposal

GL BH CY to BC to HH

PW PVME to WV to LM

This proposal claims to spread theburden of transportation more fairlv across the township when you look at travel from a K-12 perspective It adds travel distanceto severar areas and it requires bus runs to Harriton from City Ave It removes the walk

lone for Welsh Vallev It creates a raciallv isolated group ofAfrican American Students at Harriton

Use the Current Middle Schools

Gl BH PV to WV to HH

PW ME CY to BC to LM

This proposal removes all of the walk zone for lower Merion Travel times are not bad Most of Ardmore moves to Harriton but not the part that is closest to Harriton

All of Narberth goes to Harriton in both of these proposals Ihave not had Ross run exact numbers on these scenarios

New Proposals MV Perspective Not at all Decided

Parents who have discussed three-one-one with me often admit that they have onlv figured out part of the plan and that their plan works except for Ican relate to that since mv plans work except for

In mv discussion with Diane and Usa this morning we discussed the need for me and perhaps the public to better understand the boards priorities in relation to the community values before working on future alternatives Lisa identified them in her email as walkability distanceaccess continuity of cohorts and community Our current plan focused on waikabiJity first and was developed out from that point The first plan assumed community as elementary school first and worked out from there Different starting points lead to different plans I want to make sure that we start the next plan or modify this one

UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF PENNSYLVANIA - DESIGNATION FORM to be used by counsel to iodlcate tbe category of the case for the purpose of assignment to appropriate calendar

Address of Plaintiff See footnote 1 on page 1 of Complaint

AddressofDefendant301 East Montgomery Avenue Ardmore Pennsylvania 19003

PlaceofAecidentlncidentorTransactionMontgompry coun t 1i ppn~l van a (Use Reverse ide For Add Pace)

Does this civil action involve a nongovernmental corporate party with any parent corporation and any publicly held corporation owning 10 or more of its stock

(Attach two copies of the Disclosure Statement Form in accordance with FedRCivP 71(araquo YesO NoXOC

Does this case involve multidistrict litigation possibilities YesO NoD

RELATED CASE IF ANY

Case Number __________ Judge ____________ Date Terminated _______________

Civil cases are deemed related when yes is answered to any of the following questions

1 Is this case related to property included in an earlier numbered suit pending or within one year previously terminated action in this court

Yes O NoXllC 2 Does this case involve the same issue of fact or grow out of the same transaction as a prior suit pending or within one year previously terminated

action in this court Yes 0 NolClK

3 Does this case involve the validity or infringement ofa patent already in suit or any earlier numbered case pending or within one year previously

terminated action in this court YesO NoXX

4 Is this case a second or successive habeas corpus social security appeal or pro se civil rights case filed by the same individual

YesO NoOilX

CIVIL (Place V in ONE CATEGORY ONLY) A Ftukral Question Cases B Diversity Jwisdiction Cases

1 0 Indemnity Contract Marine Contract and All Other Contracts 1 0 Insurance Contract and Other Contracts

2 0 FELA 2 0 Airplane Personal Injury

3 0 Jones Act-Personal Injury 3 0 Assault Defamation

4 0 Antitrust 4 0 Marine Personal Injury

5 0 Patent 5 0 Motor Vehicle Personal Injury

6 0 Labor-Management Relations 6 0 Other Personal Injury (Please specify)

7XCit Civil Rights 7 0 Products Liability

8 0 Habeas Corpus 8 0 Products Liability Asbestos

9 0 Securities Act(s) Cases 9 0 All other Diversity Cases

10 0 Social Security Review Cases (please specify)

11 0 All other Federal Question Cases (please specify)

ARBITRATION CERTIFICATION (Check appropriate CAtegory)

I--Dolta-v-i=--d=--G--o--C---A~r=no~ld=--__-- counsel ofrecord do hereby certify

o Pursuant to Local Civil Rule 532 Section 3( c )(2) that to the best of my knowledge and belief the damages recoverable in this civil action case exceed the sum of $15000000 exclusive of interest and costs

ft Relief other than monetary damages is soug

DATE May 4 2009 49819 Attorney ID

Iy if there has been compliance with FRCP 38

I certify that to my Imowledge the within except as Doted above

DATE MEiY 14 I 2009

CIV 609 (608)

APPENDIXG








Date Signature

Counsel for








-------

APPENDIXG



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7
























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USC Section 1988


David G C Arnold




Dated May 14 2009

18

EXHIBIT A

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USC Section 1988


David G C Arnold




Dated May 14 2009

18

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USC Section 1988


David G C Arnold




Dated May 14 2009

18

EXHIBIT A

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B~__-7~~~~r-~____

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7



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7
























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USC Section 1988


David G C Arnold




Dated May 14 2009

18

EXHIBIT A

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Memorandum





Date October 312008







feeder plan






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and Civil Action No


09 2095 and


and


and


and


and


Plaintiffs

v



Defendant

COMPLAINT





Parties


Student Doe 1


2


3 and 4


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2



Pennsylvania

















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3







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4














this litigation


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7
























8
























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11






















12
























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14










USC Section 1988





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15













USc Section 1988











16









Section 2000d-7















17


USC Section 1988


David G C Arnold




Dated May 14 2009

18

EXHIBIT A

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EXIDBITB

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with a copy to





B~__-7~~~~r-~____

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Parties


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7



2



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3







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Federal Funding



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4














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7
























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16









Section 2000d-7















17


USC Section 1988


David G C Arnold




Dated May 14 2009

18

EXHIBIT A

o

0

April 18 200amp

















I

i

April 18 2qoS











elementaty to



Objectives shy



EXIDBITB

bull - t




and




I Services










1


IL Deliverables











2











V Compensation



3






middotruz Date


4























with a copy to





B~__-7~~~~r-~____

ATIEST

B~___________________

SS HyzTF$me

Date ATIEST

By___________________


EXHIBITC

9Z00 q~A aSWl


EXHIBITD

I I I I I


ibull


I

i n ~

0 middot(1Cl =

I

~ (C

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I I I I I I J I

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I I I J Ibull1

EXHIBITE

EXHmITF

shy

Memorandum





Date October 312008







feeder plan






PW PVME to WV to LM













Pennsylvania

















Students Doe reside

Jurisdiction



3







High School)









Federal Funding



School





4














this litigation


concern








5







these guidelines



be equalized








agreements





6















redistricting plan









7
























8
























9























10







model

















11






















12
























13


against the plan













minorities









14










USC Section 1988





race









15













USc Section 1988











16









Section 2000d-7















17


USC Section 1988


David G C Arnold




Dated May 14 2009

18

EXHIBIT A

o

0

April 18 200amp

















I

i

April 18 2qoS











elementaty to



Objectives shy



EXIDBITB

bull - t




and




I Services










1


IL Deliverables











2











V Compensation



3






middotruz Date


4























with a copy to





B~__-7~~~~r-~____

ATIEST

B~___________________

SS HyzTF$me

Date ATIEST

By___________________


EXHIBITC

9Z00 q~A aSWl


EXHIBITD

I I I I I


ibull


I

i n ~

0 middot(1Cl =

I

~ (C

Pd o ~

i ~ ~

I I


I I I I I I J I

i I I

l I

I I I J Ibull1

EXHIBITE

EXHmITF

shy

Memorandum





Date October 312008







feeder plan






PW PVME to WV to LM

















High School)









Federal Funding



School





4














this litigation


concern








5







these guidelines



be equalized








agreements





6















redistricting plan









7
























8
























9























10







model

















11






















12
























13


against the plan













minorities









14










USC Section 1988





race









15













USc Section 1988











16









Section 2000d-7















17


USC Section 1988


David G C Arnold




Dated May 14 2009

18

EXHIBIT A

o

0

April 18 200amp

















I

i

April 18 2qoS











elementaty to



Objectives shy



EXIDBITB

bull - t




and




I Services










1


IL Deliverables











2











V Compensation



3






middotruz Date


4























with a copy to





B~__-7~~~~r-~____

ATIEST

B~___________________

SS HyzTF$me

Date ATIEST

By___________________


EXHIBITC

9Z00 q~A aSWl


EXHIBITD

I I I I I


ibull


I

i n ~

0 middot(1Cl =

I

~ (C

Pd o ~

i ~ ~

I I


I I I I I I J I

i I I

l I

I I I J Ibull1

EXHIBITE

EXHmITF

shy

Memorandum





Date October 312008







feeder plan






PW PVME to WV to LM
























this litigation


concern








5







these guidelines



be equalized








agreements





6















redistricting plan









7
























8
























9























10







model

















11






















12
























13


against the plan













minorities









14










USC Section 1988





race









15













USc Section 1988











16









Section 2000d-7















17


USC Section 1988


David G C Arnold




Dated May 14 2009

18

EXHIBIT A

o

0

April 18 200amp

















I

i

April 18 2qoS











elementaty to



Objectives shy



EXIDBITB

bull - t




and




I Services










1


IL Deliverables











2











V Compensation



3






middotruz Date


4























with a copy to





B~__-7~~~~r-~____

ATIEST

B~___________________

SS HyzTF$me

Date ATIEST

By___________________


EXHIBITC

9Z00 q~A aSWl


EXHIBITD

I I I I I


ibull


I

i n ~

0 middot(1Cl =

I

~ (C

Pd o ~

i ~ ~

I I


I I I I I I J I

i I I

l I

I I I J Ibull1

EXHIBITE

EXHmITF

shy

Memorandum





Date October 312008







feeder plan






PW PVME to WV to LM

















these guidelines



be equalized








agreements





6















redistricting plan









7
























8
























9























10







model

















11






















12
























13


against the plan













minorities









14










USC Section 1988





race









15













USc Section 1988











16









Section 2000d-7















17


USC Section 1988


David G C Arnold




Dated May 14 2009

18

EXHIBIT A

o

0

April 18 200amp

















I

i

April 18 2qoS











elementaty to



Objectives shy



EXIDBITB

bull - t




and




I Services










1


IL Deliverables











2











V Compensation



3






middotruz Date


4























with a copy to





B~__-7~~~~r-~____

ATIEST

B~___________________

SS HyzTF$me

Date ATIEST

By___________________


EXHIBITC

9Z00 q~A aSWl


EXHIBITD

I I I I I


ibull


I

i n ~

0 middot(1Cl =

I

~ (C

Pd o ~

i ~ ~

I I


I I I I I I J I

i I I

l I

I I I J Ibull1

EXHIBITE

EXHmITF

shy

Memorandum





Date October 312008







feeder plan






PW PVME to WV to LM

























redistricting plan









7
























8
























9























10







model

















11






















12
























13


against the plan













minorities









14










USC Section 1988





race









15













USc Section 1988











16









Section 2000d-7















17


USC Section 1988


David G C Arnold




Dated May 14 2009

18

EXHIBIT A

o

0

April 18 200amp

















I

i

April 18 2qoS











elementaty to



Objectives shy



EXIDBITB

bull - t




and




I Services










1


IL Deliverables











2











V Compensation



3






middotruz Date


4























with a copy to





B~__-7~~~~r-~____

ATIEST

B~___________________

SS HyzTF$me

Date ATIEST

By___________________


EXHIBITC

9Z00 q~A aSWl


EXHIBITD

I I I I I


ibull


I

i n ~

0 middot(1Cl =

I

~ (C

Pd o ~

i ~ ~

I I


I I I I I I J I

i I I

l I

I I I J Ibull1

EXHIBITE

EXHmITF

shy

Memorandum





Date October 312008







feeder plan






PW PVME to WV to LM


































8
























9























10







model

















11






















12
























13


against the plan













minorities









14










USC Section 1988





race









15













USc Section 1988











16









Section 2000d-7















17


USC Section 1988


David G C Arnold




Dated May 14 2009

18

EXHIBIT A

o

0

April 18 200amp

















I

i

April 18 2qoS











elementaty to



Objectives shy



EXIDBITB

bull - t




and




I Services










1


IL Deliverables











2











V Compensation



3






middotruz Date


4























with a copy to





B~__-7~~~~r-~____

ATIEST

B~___________________

SS HyzTF$me

Date ATIEST

By___________________


EXHIBITC

9Z00 q~A aSWl


EXHIBITD

I I I I I


ibull


I

i n ~

0 middot(1Cl =

I

~ (C

Pd o ~

i ~ ~

I I


I I I I I I J I

i I I

l I

I I I J Ibull1

EXHIBITE

EXHmITF

shy

Memorandum





Date October 312008







feeder plan






PW PVME to WV to LM


































9























10







model

















11






















12
























13


against the plan













minorities









14










USC Section 1988





race









15













USc Section 1988











16









Section 2000d-7















17


USC Section 1988


David G C Arnold




Dated May 14 2009

18

EXHIBIT A

o

0

April 18 200amp

















I

i

April 18 2qoS











elementaty to



Objectives shy



EXIDBITB

bull - t




and




I Services










1


IL Deliverables











2











V Compensation



3






middotruz Date


4























with a copy to





B~__-7~~~~r-~____

ATIEST

B~___________________

SS HyzTF$me

Date ATIEST

By___________________


EXHIBITC

9Z00 q~A aSWl


EXHIBITD

I I I I I


ibull


I

i n ~

0 middot(1Cl =

I

~ (C

Pd o ~

i ~ ~

I I


I I I I I I J I

i I I

l I

I I I J Ibull1

EXHIBITE

EXHmITF

shy

Memorandum





Date October 312008







feeder plan






PW PVME to WV to LM

































10







model

















11






















12
























13


against the plan













minorities









14










USC Section 1988





race









15













USc Section 1988











16









Section 2000d-7















17


USC Section 1988


David G C Arnold




Dated May 14 2009

18

EXHIBIT A

o

0

April 18 200amp

















I

i

April 18 2qoS











elementaty to



Objectives shy



EXIDBITB

bull - t




and




I Services










1


IL Deliverables











2











V Compensation



3






middotruz Date


4























with a copy to





B~__-7~~~~r-~____

ATIEST

B~___________________

SS HyzTF$me

Date ATIEST

By___________________


EXHIBITC

9Z00 q~A aSWl


EXHIBITD

I I I I I


ibull


I

i n ~

0 middot(1Cl =

I

~ (C

Pd o ~

i ~ ~

I I


I I I I I I J I

i I I

l I

I I I J Ibull1

EXHIBITE

EXHmITF

shy

Memorandum





Date October 312008







feeder plan






PW PVME to WV to LM

















model

















11






















12
























13


against the plan













minorities









14










USC Section 1988





race









15













USc Section 1988











16









Section 2000d-7















17


USC Section 1988


David G C Arnold




Dated May 14 2009

18

EXHIBIT A

o

0

April 18 200amp

















I

i

April 18 2qoS











elementaty to



Objectives shy



EXIDBITB

bull - t




and




I Services










1


IL Deliverables











2











V Compensation



3






middotruz Date


4























with a copy to





B~__-7~~~~r-~____

ATIEST

B~___________________

SS HyzTF$me

Date ATIEST

By___________________


EXHIBITC

9Z00 q~A aSWl


EXHIBITD

I I I I I


ibull


I

i n ~

0 middot(1Cl =

I

~ (C

Pd o ~

i ~ ~

I I


I I I I I I J I

i I I

l I

I I I J Ibull1

EXHIBITE

EXHmITF

shy

Memorandum





Date October 312008







feeder plan






PW PVME to WV to LM
































12
























13


against the plan













minorities









14










USC Section 1988





race









15













USc Section 1988











16









Section 2000d-7















17


USC Section 1988


David G C Arnold




Dated May 14 2009

18

EXHIBIT A

o

0

April 18 200amp

















I

i

April 18 2qoS











elementaty to



Objectives shy



EXIDBITB

bull - t




and




I Services










1


IL Deliverables











2











V Compensation



3






middotruz Date


4























with a copy to





B~__-7~~~~r-~____

ATIEST

B~___________________

SS HyzTF$me

Date ATIEST

By___________________


EXHIBITC

9Z00 q~A aSWl


EXHIBITD

I I I I I


ibull


I

i n ~

0 middot(1Cl =

I

~ (C

Pd o ~

i ~ ~

I I


I I I I I I J I

i I I

l I

I I I J Ibull1

EXHIBITE

EXHmITF

shy

Memorandum





Date October 312008







feeder plan






PW PVME to WV to LM


































13


against the plan













minorities









14










USC Section 1988





race









15













USc Section 1988











16









Section 2000d-7















17


USC Section 1988


David G C Arnold




Dated May 14 2009

18

EXHIBIT A

o

0

April 18 200amp

















I

i

April 18 2qoS











elementaty to



Objectives shy



EXIDBITB

bull - t




and




I Services










1


IL Deliverables











2











V Compensation



3






middotruz Date


4























with a copy to





B~__-7~~~~r-~____

ATIEST

B~___________________

SS HyzTF$me

Date ATIEST

By___________________


EXHIBITC

9Z00 q~A aSWl


EXHIBITD

I I I I I


ibull


I

i n ~

0 middot(1Cl =

I

~ (C

Pd o ~

i ~ ~

I I


I I I I I I J I

i I I

l I

I I I J Ibull1

EXHIBITE

EXHmITF

shy

Memorandum





Date October 312008







feeder plan






PW PVME to WV to LM












against the plan













minorities









14










USC Section 1988





race









15













USc Section 1988











16









Section 2000d-7















17


USC Section 1988


David G C Arnold




Dated May 14 2009

18

EXHIBIT A

o

0

April 18 200amp

















I

i

April 18 2qoS











elementaty to



Objectives shy



EXIDBITB

bull - t




and




I Services










1


IL Deliverables











2











V Compensation



3






middotruz Date


4























with a copy to





B~__-7~~~~r-~____

ATIEST

B~___________________

SS HyzTF$me

Date ATIEST

By___________________


EXHIBITC

9Z00 q~A aSWl


EXHIBITD

I I I I I


ibull


I

i n ~

0 middot(1Cl =

I

~ (C

Pd o ~

i ~ ~

I I


I I I I I I J I

i I I

l I

I I I J Ibull1

EXHIBITE

EXHmITF

shy

Memorandum





Date October 312008







feeder plan






PW PVME to WV to LM




















USC Section 1988





race









15













USc Section 1988











16









Section 2000d-7















17


USC Section 1988


David G C Arnold




Dated May 14 2009

18

EXHIBIT A

o

0

April 18 200amp

















I

i

April 18 2qoS











elementaty to



Objectives shy



EXIDBITB

bull - t




and




I Services










1


IL Deliverables











2











V Compensation



3






middotruz Date


4























with a copy to





B~__-7~~~~r-~____

ATIEST

B~___________________

SS HyzTF$me

Date ATIEST

By___________________


EXHIBITC

9Z00 q~A aSWl


EXHIBITD

I I I I I


ibull


I

i n ~

0 middot(1Cl =

I

~ (C

Pd o ~

i ~ ~

I I


I I I I I I J I

i I I

l I

I I I J Ibull1

EXHIBITE

EXHmITF

shy

Memorandum





Date October 312008







feeder plan






PW PVME to WV to LM























USc Section 1988











16









Section 2000d-7















17


USC Section 1988


David G C Arnold




Dated May 14 2009

18

EXHIBIT A

o

0

April 18 200amp

















I

i

April 18 2qoS











elementaty to



Objectives shy



EXIDBITB

bull - t




and




I Services










1


IL Deliverables











2











V Compensation



3






middotruz Date


4























with a copy to





B~__-7~~~~r-~____

ATIEST

B~___________________

SS HyzTF$me

Date ATIEST

By___________________


EXHIBITC

9Z00 q~A aSWl


EXHIBITD

I I I I I


ibull


I

i n ~

0 middot(1Cl =

I

~ (C

Pd o ~

i ~ ~

I I


I I I I I I J I

i I I

l I

I I I J Ibull1

EXHIBITE

EXHmITF

shy

Memorandum





Date October 312008







feeder plan






PW PVME to WV to LM



















Section 2000d-7















17


USC Section 1988


David G C Arnold




Dated May 14 2009

18

EXHIBIT A

o

0

April 18 200amp

















I

i

April 18 2qoS











elementaty to



Objectives shy



EXIDBITB

bull - t




and




I Services










1


IL Deliverables











2











V Compensation



3






middotruz Date


4























with a copy to





B~__-7~~~~r-~____

ATIEST

B~___________________

SS HyzTF$me

Date ATIEST

By___________________


EXHIBITC

9Z00 q~A aSWl


EXHIBITD

I I I I I


ibull


I

i n ~

0 middot(1Cl =

I

~ (C

Pd o ~

i ~ ~

I I


I I I I I I J I

i I I

l I

I I I J Ibull1

EXHIBITE

EXHmITF

shy

Memorandum





Date October 312008







feeder plan






PW PVME to WV to LM












USC Section 1988


David G C Arnold




Dated May 14 2009

18

EXHIBIT A

o

0

April 18 200amp

















I

i

April 18 2qoS











elementaty to



Objectives shy



EXIDBITB

bull - t




and




I Services










1


IL Deliverables











2











V Compensation



3






middotruz Date


4























with a copy to





B~__-7~~~~r-~____

ATIEST

B~___________________

SS HyzTF$me

Date ATIEST

By___________________


EXHIBITC

9Z00 q~A aSWl


EXHIBITD

I I I I I


ibull


I

i n ~

0 middot(1Cl =

I

~ (C

Pd o ~

i ~ ~

I I


I I I I I I J I

i I I

l I

I I I J Ibull1

EXHIBITE

EXHmITF

shy

Memorandum





Date October 312008







feeder plan






PW PVME to WV to LM











EXHIBIT A

o

0

April 18 200amp

















I

i

April 18 2qoS











elementaty to



Objectives shy



EXIDBITB

bull - t




and




I Services










1


IL Deliverables











2











V Compensation



3






middotruz Date


4























with a copy to





B~__-7~~~~r-~____

ATIEST

B~___________________

SS HyzTF$me

Date ATIEST

By___________________


EXHIBITC

9Z00 q~A aSWl


EXHIBITD

I I I I I


ibull


I

i n ~

0 middot(1Cl =

I

~ (C

Pd o ~

i ~ ~

I I


I I I I I I J I

i I I

l I

I I I J Ibull1

EXHIBITE

EXHmITF

shy

Memorandum





Date October 312008







feeder plan






PW PVME to WV to LM











o

0

April 18 200amp

















I

i

April 18 2qoS











elementaty to



Objectives shy



EXIDBITB

bull - t




and




I Services










1


IL Deliverables











2











V Compensation



3






middotruz Date


4























with a copy to





B~__-7~~~~r-~____

ATIEST

B~___________________

SS HyzTF$me

Date ATIEST

By___________________


EXHIBITC

9Z00 q~A aSWl


EXHIBITD

I I I I I


ibull


I

i n ~

0 middot(1Cl =

I

~ (C

Pd o ~

i ~ ~

I I


I I I I I I J I

i I I

l I

I I I J Ibull1

EXHIBITE

EXHmITF

shy

Memorandum





Date October 312008







feeder plan






PW PVME to WV to LM











I

i

April 18 2qoS











elementaty to



Objectives shy



EXIDBITB

bull - t




and




I Services










1


IL Deliverables











2











V Compensation



3






middotruz Date


4























with a copy to





B~__-7~~~~r-~____

ATIEST

B~___________________

SS HyzTF$me

Date ATIEST

By___________________


EXHIBITC

9Z00 q~A aSWl


EXHIBITD

I I I I I


ibull


I

i n ~

0 middot(1Cl =

I

~ (C

Pd o ~

i ~ ~

I I


I I I I I I J I

i I I

l I

I I I J Ibull1

EXHIBITE

EXHmITF

shy

Memorandum





Date October 312008







feeder plan






PW PVME to WV to LM











EXIDBITB

bull - t




and




I Services










1


IL Deliverables











2











V Compensation



3






middotruz Date


4























with a copy to





B~__-7~~~~r-~____

ATIEST

B~___________________

SS HyzTF$me

Date ATIEST

By___________________


EXHIBITC

9Z00 q~A aSWl


EXHIBITD

I I I I I


ibull


I

i n ~

0 middot(1Cl =

I

~ (C

Pd o ~

i ~ ~

I I


I I I I I I J I

i I I

l I

I I I J Ibull1

EXHIBITE

EXHmITF

shy

Memorandum





Date October 312008







feeder plan






PW PVME to WV to LM











bull - t




and




I Services










1


IL Deliverables











2











V Compensation



3






middotruz Date


4























with a copy to





B~__-7~~~~r-~____

ATIEST

B~___________________

SS HyzTF$me

Date ATIEST

By___________________


EXHIBITC

9Z00 q~A aSWl


EXHIBITD

I I I I I


ibull


I

i n ~

0 middot(1Cl =

I

~ (C

Pd o ~

i ~ ~

I I


I I I I I I J I

i I I

l I

I I I J Ibull1

EXHIBITE

EXHmITF

shy

Memorandum





Date October 312008







feeder plan






PW PVME to WV to LM












IL Deliverables











2











V Compensation



3






middotruz Date


4























with a copy to





B~__-7~~~~r-~____

ATIEST

B~___________________

SS HyzTF$me

Date ATIEST

By___________________


EXHIBITC

9Z00 q~A aSWl


EXHIBITD

I I I I I


ibull


I

i n ~

0 middot(1Cl =

I

~ (C

Pd o ~

i ~ ~

I I


I I I I I I J I

i I I

l I

I I I J Ibull1

EXHIBITE

EXHmITF

shy

Memorandum





Date October 312008







feeder plan






PW PVME to WV to LM





















V Compensation



3






middotruz Date


4























with a copy to





B~__-7~~~~r-~____

ATIEST

B~___________________

SS HyzTF$me

Date ATIEST

By___________________


EXHIBITC

9Z00 q~A aSWl


EXHIBITD

I I I I I


ibull


I

i n ~

0 middot(1Cl =

I

~ (C

Pd o ~

i ~ ~

I I


I I I I I I J I

i I I

l I

I I I J Ibull1

EXHIBITE

EXHmITF

shy

Memorandum





Date October 312008







feeder plan






PW PVME to WV to LM
















middotruz Date


4























with a copy to





B~__-7~~~~r-~____

ATIEST

B~___________________

SS HyzTF$me

Date ATIEST

By___________________


EXHIBITC

9Z00 q~A aSWl


EXHIBITD

I I I I I


ibull


I

i n ~

0 middot(1Cl =

I

~ (C

Pd o ~

i ~ ~

I I


I I I I I I J I

i I I

l I

I I I J Ibull1

EXHIBITE

EXHmITF

shy

Memorandum





Date October 312008







feeder plan






PW PVME to WV to LM

































with a copy to





B~__-7~~~~r-~____

ATIEST

B~___________________

SS HyzTF$me

Date ATIEST

By___________________


EXHIBITC

9Z00 q~A aSWl


EXHIBITD

I I I I I


ibull


I

i n ~

0 middot(1Cl =

I

~ (C

Pd o ~

i ~ ~

I I


I I I I I I J I

i I I

l I

I I I J Ibull1

EXHIBITE

EXHmITF

shy

Memorandum





Date October 312008







feeder plan






PW PVME to WV to LM




















with a copy to





B~__-7~~~~r-~____

ATIEST

B~___________________

SS HyzTF$me

Date ATIEST

By___________________


EXHIBITC

9Z00 q~A aSWl


EXHIBITD

I I I I I


ibull


I

i n ~

0 middot(1Cl =

I

~ (C

Pd o ~

i ~ ~

I I


I I I I I I J I

i I I

l I

I I I J Ibull1

EXHIBITE

EXHmITF

shy

Memorandum





Date October 312008







feeder plan






PW PVME to WV to LM












B~__-7~~~~r-~____

ATIEST

B~___________________

SS HyzTF$me

Date ATIEST

By___________________


EXHIBITC

9Z00 q~A aSWl


EXHIBITD

I I I I I


ibull


I

i n ~

0 middot(1Cl =

I

~ (C

Pd o ~

i ~ ~

I I


I I I I I I J I

i I I

l I

I I I J Ibull1

EXHIBITE

EXHmITF

shy

Memorandum





Date October 312008







feeder plan






PW PVME to WV to LM











EXHIBITC

9Z00 q~A aSWl


EXHIBITD

I I I I I


ibull


I

i n ~

0 middot(1Cl =

I

~ (C

Pd o ~

i ~ ~

I I


I I I I I I J I

i I I

l I

I I I J Ibull1

EXHIBITE

EXHmITF

shy

Memorandum





Date October 312008







feeder plan






PW PVME to WV to LM











9Z00 q~A aSWl


EXHIBITD

I I I I I


ibull


I

i n ~

0 middot(1Cl =

I

~ (C

Pd o ~

i ~ ~

I I


I I I I I I J I

i I I

l I

I I I J Ibull1

EXHIBITE

EXHmITF

shy

Memorandum





Date October 312008







feeder plan






PW PVME to WV to LM











EXHIBITD

I I I I I


ibull


I

i n ~

0 middot(1Cl =

I

~ (C

Pd o ~

i ~ ~

I I


I I I I I I J I

i I I

l I

I I I J Ibull1

EXHIBITE

EXHmITF

shy

Memorandum





Date October 312008







feeder plan






PW PVME to WV to LM











I I I I I


ibull


I

i n ~

0 middot(1Cl =

I

~ (C

Pd o ~

i ~ ~

I I


I I I I I I J I

i I I

l I

I I I J Ibull1

EXHIBITE

EXHmITF

shy

Memorandum





Date October 312008







feeder plan






PW PVME to WV to LM











i ~ ~

I I


I I I I I I J I

i I I

l I

I I I J Ibull1

EXHIBITE

EXHmITF

shy

Memorandum





Date October 312008







feeder plan






PW PVME to WV to LM











EXHIBITE

EXHmITF

shy

Memorandum





Date October 312008







feeder plan






PW PVME to WV to LM











EXHmITF

shy

Memorandum





Date October 312008







feeder plan






PW PVME to WV to LM











shy

Memorandum





Date October 312008







feeder plan






PW PVME to WV to LM















PW PVME to WV to LM











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