Response to Motion for Leave to File a Brief Amicus Curiae; Corrected Order

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OF TES AS 

February 9, 1990 
JIM RIATTOX 

ATTORNEY GENERAL 

VIA FEDERAL EXPRESS 
Gilbert Ganucheau, Clerk 
Fifth Circuit 

607 Camp Street 
New Orleans, Louisiana 70130 

  

Re: LULAC v. Mattox, No. 90-8014 

Dear Mr. Ganucheau: 

Enclosed for filing in the above-referenced cause are the original 
and three copies of a Response to Motion for Leave to File a Brief 
Amicus Curiae. 

Special Assistant Attorney General 

P.O. Box 12548, Capitol Station 
Austin, Texas 78711-2548 
(512) 463-2085 

cc: Counsel of Record 

SIZ /AB3=2100 SUIMIEME COURT BUILDING AUSTIY, TEXAS 787I1=2548  



UNITED STATES COURT OF APPEALS 
FIFTH CIRCUIT 

LEAGUE OF UNITED LATIN 

AMERICAN CITIZENS, et al., 
Plaintiffs-Appellees, 

VS. No. 90-8014 

JIM MATTOX, et al., 
Defendants-Appellants. wo

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RESPONSE TO MOTION FOR LEAVE TO 
FILE A BRIEF AMICUS CURIAE 

The Attorney General of Texas, on behalf of the State of Texas, responds as follows to 

the Motion for Leave to File a Brief Amicus Curiae {iled by Berlaind Brashear and eleven other 

individuals: 

The Attorney General does not oppose the motion, except insofar as the motion might 

be construed to be filed on behalf of one of the movants, State District Judge Maryellen Hicks, 

in her official capacity. In that capacity, Judge Hicks can only be represented by the Attorney 

General, unless he permits representation by private counsel (which he has not in this 

instance). The motion does not specify in which capacity Judge Hicks is proceeding, and there 

is no need to construe it as being anything other than her personal capacity. 

Respectfully submitted, 

JIM MATTOX 
Attorney General of Texas 

MARY F. KELLER 
First Assistant Attorney General 

=] i. nis 
HICKS NY 

Special Assistant Attorney General 

    

JAVIER GUAJARDO 
Assistant Attorney General 

P. O. Box 12548, Capitol Station 
Austin, Texas 78711-2548 

(512) 463-2085  



CERTIFICATE OF SERVICE 

I certify that on this 9th day of February, 1990, I sent a copy of the foregoing document 
by first class United States mail, postage prepaid to each of the following: William L. Garrett, 
Garrett, Thompson & Chang, 8300 Douglas, Suite 800, Dallas, Texas 75225; Rolando Rios, 
Southwest Voter Registration & Education Project, 201 N. St. Mary's, Suite 521, San Antonio, 

Texas 78205; Sherrilyn A. Ifill, NAACP Legal Defense and Educational Fund, Inc., 99 Hudson 
Street, 16th Floor, New York, New York 10013; Gabrielle K. McDonald, 301 Congress Avenue, 
Suite 2050, Austin, Texas 78701; Edward B. Cloutman, III, Mullinax, Wells, Baab & Cloutman, 
P.C., 3301 Elm Street, Dallas, Texas 75226-1637; J. Eugene Clements, Porter & Clements, 700 
Louisiana, Suite 3500, Houston, Texas 77002-2730; Robert H. Mow, Jr., Hughes & Luce, 2800 
Momentum Place, 1717 Main Street, Dallas, Texas 75201; John L. Hill, Jr., Liddell, Sapp, 
Zivley, Hill & LaBoon, 3300 Texas Commerce Tower, Houston, Texas 77002; Walter L. Irvin, 
5787 South Hampton Road, Suite 210, Lock Box 122, Dallas, Texas 75232-2255; and Seagal V. 
Wheatley, Oppenheimer, Rosenberg, Kelleher & Wheatley, Inc., 711 Navarro, Sixth Floor, San 
Antonio, Texas 78205. pr — A ; 

(Teno Whzch, 
4 N 7 

Renea Hicks 
  

 



United States Court of Appeals 
FIFTH CIRCUIT 

GILBERT F. GANUCHEAU OFFICE OF THE CLERK TEL. 504-589-6514 
CLERK 600 CAMP STREET 

  

NEW ORLEANS, LA 70130 
1990 February 8, 

MEMORANDUM TO COUNSEL OR PARTIES LISTED BELOW: 

No. 90-8014 - LULAC, ET AL v. CLEMENTS, ETC., ET AL 
(USDC No. MO-88-CA-154) 

  

The following action has been taken in the above case: 

3 AN EXTENSION OF TIME has been granted to and including 

] for filing appellant's/petitioner's brief. 

ul for filing appellee's/respondent's brief. 

0) for filing reply brief. 

a for filing petition for rehearing. 

” 

D Motion to consolidate granted. 

[] Motion to supplement or correct the record granted. 

Motion for leave to file supplemental brief granted. 

0
)
 

Motion for leave to file brief amicus curiae is granted. 
  

o Joint motion as to time for filing briefs granted. 

C3 der enclosed has been entered. 

CORRECTED Order enclosed has been entered. 

GILBERT F. GANUCHEAU, Clerk 
cc: Mr. Charles W. Vagner, Clerk 

ALL COUNSEL OF RECORD : 

  

  
By: pa Lo 

NN Deputy Clerk (/4 

MOT-2 

 



    

U.S. CCURT OF APPEALS 

FILED 
IN THE UNITED STATES COURT OF APPEALS FEB 11990 

FOR THE FIFTH CIRCUIT 
GILBERT. F. GANUCHEAU 

  

  

CLERK 

No. 90-8014 

LEAGUE OF UNITED LATIN AMERICAN 

CITIZENS, COUNCIL NO. 4434, 

Plaintiffs-Appellees, 

and 

JESSE OLIVER, ET AL., 

Intervening Plaintiffs-Appellees, 

versus 

WILLIAM P. CLEMENTS, ETC., 

ET AL. 

Defendants, 

JIM MATTOX, ET AL., 

Defendants-Appellees-Appellants, 

versus 

JUDGE F. HAROLD ENTZ, Etc., 

JUDGE SHAROLYN WOOD, Etc., 

and GEORGE S. BAYOUD, JR., Etc. 

Defendants-Appellants, 

and 

TOM RICKHOFF, SUSAN D. REED, 

JOHN J. SPECIA, JR., SID L. HARLE, 

SHARON MACRAE and MICHAEL P. PEDAN, 

Bexar County, Texas State District . 

Judges, 

Appellants. 

 



Appeals from the United States District Court for the 

Western District of Texas 

IT IS ORDERED that appellants’ motions for expedited 

nD je ~ 
briefing schedule are: Ca WAN { =D, 

AS TO ORAL ARGUMENT, the Court will fix the date for oral 

argument, Af needed. 

reme— 

BE Dini 
  

UNITED STATES a JUDGE 
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United States Court of Appeals 
FIFTH CIRCUIT 

GILBERT F. GANUCHEAU 
OFFICE OF THE CLERK 

TEL. 504-589-6514 

CLERK 
600 CAMP STREET 

February 5, 1 990 
NEW ORLEANS, LA 70130 

14 

TO: ALL COUNSEL OF RECORD 

No. 90-8014 -——- LEAGUE OF UNITED LATIN AMERICAN 

CITIZENS, ETC. vs. HAROLD, ET AL. 

(DC No. MO-88-CA-154) 
  

In regards to the case identified above, the following motion has 

been filed: 
Motion of Berlaind Brashear, et al. for leave tO 

file brief amicus curiae 

This motion will be presented for ruling without oral argument on 

this date: 

  
  

February 12, 1990 

Any response to the motion must be filed by opposing counsel on 

or before that date to be considered in the ruling. 

The date shown above indicates when the matter will be forwarded 

for ruling and does not mean that any action will be completed by 

then. Counsel should allow at least ten (10) days thereafter 

before inquiring about the Court's ruling. 

Very truly yours, 

GILBERT F. GANUCHEAU, Clerk 

sy Sod A Silage 
Deputy Clerk 
  

ALL COUNSEL OF RECORD 

P.S. to counsel filing Motion: If this block is checked, please 

forward a certificate of interested persons as required by Local 

Rule 27.5 within the foregoing time period. 

MOT-1 
Rev. 7/85