Motion to Continue Pretrial and Trial

    UNITED STATES DISTRICT COURT 

EASTERN DISTRICT OF LOUISIANA 

BARBARA MAJOR, et al., Civil Action No. 82-1192 

Plaintiffs Section D (C) 

-against- THREE JUDGE COURT CASE 
  

DAVID C. TREEN, et., et al. CLASS ACTION   

MOTION TO CONTINUE PRETRIAL AND TRIAL 
  

NOW INTO COURT come plaintiffs in this matter who respectfully 

to continue the Pretrial Conference scheduled for August 9, 1982, and 

1 scheduled for August 16, 1982 at 10:00 a.m. 

The grounds for this Motion, as appears more fully in the attached 

Memorandum, are as follows: 

With Trial scheduled for August 16 and expected to last five 

days, the Court will be required to issue its opinion from the bench, including,| 

the event plaintiffs are successful, the devising of a plan of apportionment 

nN 
State of Louisiana so that qualifications can open on August 23, 

established by the Secretary of State as the alst day possible f alifications 

election is to be held on the constitutionally mandated date 

is respectfully submitted that such a task is impossible. 

The Voting Rights Act, 42 U.S.C, 1973 c, which forms one of 

the tases for relief, has recently been amended and the standard of proof 

required to prevail in this type of case has changed. The new Voting Rights 

Act was signed into law on June 29, 1982. 

3. On July 1, 1982, the United States Supreme Court issued an 

opinion in Rogers v. Lodge, U.8, i000 (1982), effectively 
  

overturning the prior opinion of City of Mebile v. Bolden, and changing the 

standard of proof under the Fourteenth and Fifteenth Amendments in 

of case. 

The Louisiana Legislature is in session until July 12,  



Governor of Louisiana will be involved with reviewing and signing or 

i . : rd . x . 
llvetoing each act passed by the Legislature for at least ten days subsequent 

to that date. As a practical matter, plaintiffs will be unable to take 

Governor and/or staff and members of the House and Senate 

for the immediate future. 

The interests minority voters are suffering from the 

ued uncertainty surrounding these congressional elections Little 

and campaigning can proceed until the boundaries of 

if plaintiffs succeed and a majority black distri 

is established by this Court, no minority candidate could mount a credible 

campaign in mid-August. 

Respectfully submitted, 

R. JAMES KELLOGG 

WILLIAM P. QUIGLEY 

STEVEN SCHECKMAN 

STANLEY HALPIN 

631 St. Charles Avenue 

New Orleans, Louisiana 

504/524-001¢ 

Jack Greenberg 

James M. Nabr 

Napoleon B. Wi 

Lani Guinier 

10 Columbus 

Suite 2030 

New York, New York 10019 

an ) 
By: f. C ues Is elle 

Attpey for Plaid 

Certificate Servic 

i certify that a copy of the | 

upon col JPOT