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Judge denies temporary restraining order against JCPS transit plan, lawsuit still alive

The judge ruled two JCPS parents had not met the requirements for a temporary restraining order, but their attorney says he plans to refile it very soon.

LOUISVILLE, Ky. — A recent attempt to stop Jefferson County Public Schools (JCPS) from implementing its new transportation plan, which cuts bus transportation for thousands of magnet and traditional school students, suffered a "minor setback" Monday, according to the attorney for the parents suing.

A handful of JCPS parents argue the cutting of bus routes to some of the district's best schools violates the civil rights of their students. Attorney Teddy Gordon is suing to stop the new transit plan, and had asked for a temporary restraining order to stop the transit plan before formal arguments could be heard.

Late Monday afternoon, Federal Judge Rebecca Grady Jennings ruled the motion for a temporary restraining order was lacking several things. 

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Jennings said the plaintiffs made no indication of what efforts were made to "notify" JCPS of the parents' issues. It was also unclear what parents were still involved in the lawsuit and what parents were added.

The plaintiffs also needed to indicate a "surety" amount that should be paid to "any party found to have been wrongfully enjoined or restrained."

Jennings gave Gordon and the plaintiffs until July 22 to refile the motion for a temporary restraining order. 

The lawsuit itself, which will have the final say, is still alive.

"It is a minor error and we will be correcting it and refiling it very shortly," Gordon told WHAS11 over the phone Tuesday. 

JCPS communications staff didn't immediately have a response to the judge's dismissal.

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