State Defendants' Supplement to Motion for Trial Continuance

    Tar: ATTORYEY 4aEXNKIR.AL 
OF TREXAS 

June 1, 1989 
JIM PIATTOX 

ATTORNEY GENERAL 

VIA FEDERAL EXPRESS 
  

John D. Neil 

Deputy U. S. District Clerk 
316 U. S. Courthouse 
200 East Wall 

Midland, Texas 79701 

Re: LULAC Council #4434, et al. v. Mattox, et al., 
No. MO-88-CA-154 

Dear Mr. Neil: 

Enclosed for filing in the above-referenced cause are the original and one 
copy of State Defendants’ Supplement to Motion for Trial Continuance. 

Sincerely, oy 

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Special Assistant Attorney General 

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

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Enclosure 

512/463-2100 SUPREME COURT BUILDING AUSTIN, TEXAS 78711-23548 

 



  

UNITED STATES DISTRICT COURT 
WESTERN DISTRICT OF TEXAS 
MIDLAND-ODESSA DIVISION 

LULAC COUNCIL #4434, et al., 

Plaintiffs, 

Civil Action No. 

MO-88-CA-154 

VS. 

JIM MATTOX, et al., 

Defendants. LO
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STATE DEFENDANTS' SUPPLEMENT TO 
MOTION FOR TRIAL CONTINUANCE 

The State Defendants -- that is, the Attorney General of Texas, 

the Secretary of State of Texas, and the thirteen members of the 

Judicial Districts Board of Texas, all in their official capacities -- 

supplement their Motion for Trial Continuance: 

I. 

Discussions with the plaintiffs’ attorneys in connection with 

efforts to arrange for expert depositions make it clear that their 

experts have not yet completed their analyses and will not have 

completed them by the current discovery deadline of June 15, 1989. 

(As the continuance motion explains and subsequent conversations 

with him confirm, the State Defendants’ expert can not complete his 

analyses even by the time of the currently scheduled trial 

commencement date.) 

II. 

Additionally, one of the plaintiffs’ two principal experts -- Dr. 

Engstrom, based in New Orleans, Louisiana, is unavailable to be 

deposed until after June 29, 1989, when he returns to the United 

States from foreign travel. _ 

 



  

111. 

This situation is an intolerable one for a case as important as 

this one and as dependent on the experts’ analyses as this one. 

Frontier-style justice is not contemplated by the Federal Rules of 

Civil Procedure, even for far simpler cases which are much less 

dependent on sophisticated analytical techniques than this one. 

Here, there is no basis having to do with the merits of the lawsuit for 

moving forward now on the trial. The State Defendants continue to 

urge that, without such an underlying reason, the 197 challenged 

institutions play too crucial a role in the state's system of justice to 

be forced to trial under the circumstances outlined in the original 

continuance motion and Parts I and II of this supplement. 

Respectfully submitted, 

JIM MATTOX 
Attorney General of Texas 

MARY F. KELLER 

First Assistant Attorney General 

  

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RENEA HICKS : 
Special Assistant Attorney General 

JAVIER GUAJARDO 
Assistant Attorney General 

P. O. Box 12548, Capitol Station 

Austin, Texas 78711-2548 

(512) 463-2085 

ATTORNEYS FOR STATE DEFENDANTS 

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CERTIFICATE OF SERVICE 

I certify that on this 1st day of June, 1989, I sent a copy of the 

foregoing pleading 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; 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: 

and Robert H. Mow, Jr., Hughes & Luce, 2800 Momentum Place, 1717 

Main Street, Dallas, Texas 75201. 

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Renea Hicks