Overwhelmed with documents, U-46 seeks extension in boas suit

Elgin Area School District U-46 has asked a federal judge for an extension in submitting pretrial documents for the racial bias lawsuit, on the basis of "the extreme volume of the plaintiffs' exhibit list, witness list, and proposed findings."

The request comes a week after lawyers representing the district received a copy of the pretrial order prepared by the Elgin families suing, so the two parties together could prepare a joint draft to send to the court.

The plaintiffs' version, according to a court filing, identified a whopping 1,662 separate exhibits, along with 163 witnesses and 67 separate issues.

"Given the enormous volume of proposed exhibits, witnesses, issues and facts, the district needs additional time to adequately review plaintiffs' proposed exhibits and their witness list, to respond to plaintiffs' draft order and to meet and confer with plaintiffs in an effort to narrow the scope of evidentiary and substantive issues that must be resolved by the court," lawyer Patricia Whitten wrote.

Sparked by 2004 boundary changes, the five-year-old class-action suit charges that U-46 violated the rights of black and Latino students by placing them in older, more crowded schools; forcing them to ride buses farther and more often than their white peers; and giving them inferior educational opportunities.

It has so far cost U-46 more than $8.7 million in legal fees.

The suit looks to go to trial late this summer.

Originally, federal Judge Robert W. Gettleman had ordered that the plaintiffs' pretrial order be submitted to the district for review June 7. Another order, prepared by both sides, was due July 19.

Whitten asked the court to modify the schedule "so that the parties can attempt to address the myriad issues raised by plaintiffs' submissions."