Memorandum in Support of Motion to File Second Amended Complaint
Public Court Documents
March 3, 1975

2 pages
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Case Files, Milliken Hardbacks. Memorandum in Support of Motion to File Second Amended Complaint, 1975. 42099444-54e9-ef11-a730-7c1e5247dfc0. LDF Archives, Thurgood Marshall Institute. https://ldfrecollection.org/archives/archives-search/archives-item/2ca7ddbf-6e6b-45b3-8911-4b43942c1079/memorandum-in-support-of-motion-to-file-second-amended-complaint. Accessed July 13, 2025.
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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION RONALD BRADLEY, et al. , X Plaintiffs, • X • • CIVIL ACTION -vs- X • • NO. 35257 WILLIAM G. MILLIKEN, et al., X Defendants. X MEMORANDUM IN SUPPORT OF MOTION TO FILE SECOND AMENDED COMPLAINT In support of its Motion to file a Second Amended Complaint in this cause, plaintiffs and the members of their class would state to the Court the following: 1. Rule 15(a) of the Federal Rules of Civil Pro cedure provides, inter alia, that leave to amend "shall be freely given when justice so requires." Rule 15 F.R.C.P. 2. Since the Decision of the United States Supreme Court in this cause, Milliken v. Bradley, 414 U.S. 1038 (1974), specifying for the first time the appropriate legal standard for inter-district relief in school desegre gation cases, an Amended Complaint is necessary to fully spell out plaintiffs’ claims against defendants. In this man ner, the evidence of record which would support such relief can be evaluated and additional evidence taken after appropri ate discovery. Plaintiffs respectfully suggest that any hearings on the issue of metro violation and remedy be put aside until the mandate of the Supreme Court is put into effect. 3. In light of these policies favoring a liberal construction of Rule 15, plaintiffs respectfully request leave of Court to file this proposed Second Amended Com plaint in this cause. Respectfully submitted. LOUIS R. LUCAS RATNER, SUGARMON, LUCAS & SALKY 525 Commerce Title Building Memphis, Tennessee 38103 JOHN A. DZIAMBA 746 Main Street P.O. Box D Willimantic, Connecticut 06226 ELLIOTT S. HALL 2755 Guardian Building 500 Griswald Avenue Detroit, Michigan NATHANIEL JONES General Counsel N.A.A.C.P. 1790 Broadway New York, New York 10019 J. HAROLD FLANNERY PAUL DIMOND WILLIAM E. CALDWELL Lawyers' Committee For Civil Rights Under Law 733 15th Street, N.W. Suite 520 Washington, D.C. 20005 Counsel for Plaintiffs CERTIFICATE OF SERVICE This is to certify that a copy of the foregoing Memorandum In Support Of Motion To File Second Amended Com plaint has been served on all counsel of record by depositing same to them at theirs office by United States mail, postage prepaid, this ^ '^^ay^pf March, 1975. - 2-