Hearing Form and Docket for Oral Argument

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Bp» Note to Counsel: Please Sign and Return 
The only purpose of this form is to obtain an acknowledgment from all parties of the receipt of this calendar. 

Therefore, all counsel are requested to fill in, sign, detach and promptly return this form, (even though counsel may not 
be the attorney to argue) to: 

Clerk, U.S. Court of Appeals 
Fifth Circuit 

600 Camp Street 

New Orleans, LA 70130 

Dear Sir: 
I hereby acknowledge receipt of copy of your printed calendar showing my case in re: 
N0.-90-3014 LULAC, et’ at. vs. : lex 

assigned for hearing at 9:00 A.M. on_Apxril 30,1990 inthe United States Court of Appeals Courthouse, §00 
Camp Street, NEW ORLEANS, LOUISIANA. 

  

  

  

   
Signature: 

Attorney for: 

Date: appellees 3/28/90 
  

 



@ 1:0 states court oF APPEAL 
FOR THE FIFTH CIRCUIT 

  

NEW ORLEANS, LOUISIANA 
EAST COURTROOM 

  

The Court has determined that the following cases be assigned for oral argument in the EAST 

COURTROOM (Room 223) of the United States Court of Appeals Courthouse, 600 Camp Street, NEW 

ORLEANS, LOUISIANA on the days hereinafter named to-wit: 

COUNSEL FOR EACH PARTY MUST PRESENT ORAL ARGUMENT, UNLESS EXCUSED BY THE COURT 

FOR GOOD CAUSE SHOWN. THOSE CASES MARKED * SHALL BE ARGUED NOT TO EXCEED 20 

MINUTES PER SIDE. CASES NOT SO MARKED WILL ORDINARILY BE 30 MINUTES TO THE SIDE 

UNLESS COUNSEL ARE ADVISED TO THE CONTRARY. THE TERM "PER SIDE" IS DEFINED AS 

PLAINTIFFS VERSUS DEFENDANTS. UNLESS THE PARTIES AGREE OR THE COURT OTHERWISE 

ORDERS, MULTIPLE APPELLANTS OR APPELLEES WHO MAY HAVE APPEARED TOGETHER AS 

PLAINTIFFS OR DEFENDANTS WILL BE CONSIDERED ON THE SAME "SIDE" EVEN THOUGH THEY 

MAY HAVE AN ADVERSE POSITION, AND MUST DIVIDE THE TIME ALLOWED TO THE "SIDE". 

  

MONDAY, APRIL 30, 1990 

COURT CONVENES AT 9:00 A, M. 

*No. 89-2958.  Pernie Bailey Drilling Co. vs. Federal Deposit Insurance Corp., Etc., Appellant. 

*No. 89-1275. Stuart M. Smith, Jr., Appellant vs. United States of America. 

*No. 89-1036. Herbert MeClendon-Brooks, Et Al., Appellants vs. Xerox Corporation. 

No. 90-8014, League of United Latin American Citizens, Ete. vs. William P. Clements, Ete., Et Al; 

Jim Mattox, Et Al, Appellants vs. Judge F. Harold Entz, Et Al, Appellants and Tom 

Rickhoff, Et Al., Appellants. (Consolidated with No. 89-8095, League of United Latin 

American Citizens, Etec., Et Al. vs. William P. Clements, Ete., Et Al; Jim Mattox, Etc., 

Et Al., Appellants). 

TUESDAY, MAY 1, 1990 
COURT CONVENES AT 9:00 A, M. 

*No. 89-4720. Glen Thibodeaux vs. Atlantic Pacific Marine Corp. vs. Felmont Oil Corp., Appellant. 

*No. 89-5579. United States of America vs. Elizabeth Ehrlich, Appellant. 

*No. 89-4416, Radio WHKW, Inc., Ete. vs. Ben Yarber, Appellant. 

*No. 89-3552. Westwego Citizens for Better Government, Et Al., Appellants vs. City of Westwego, Etec., 

Et AL 

WEDNESDAY, MAY 2, 1990 
COURT CONVENES AT 9:00 A. M. 

*No. 89-3275. United States of America vs. Frank Landry, Appellant. 

*No. 89-4566. The State of Louisiana, Petitioner vs. U. S. Department of Health & Human Services. 

*No. 89-1387. United States of America vs. Lucy Marrero, Appellant. 

*No. 89-1643. W. O. Akin, Et Al, Appellants vs. Q-L Investments, Inc., Etc., Et Al; Laventhol & 

Horwath. 

*No. 89-1218. Howard Fine, Et Al., Appellants vs. American Solar King Corp., Et Al; Main Hurdman. 

(Consolidated with No. 89-1290, James Randall, Appellant vs. Brian D. Pardo, Et AL; 

Main Hurdman). 

THURSDAY, MAY 3, 1990 
COURT CONVENES AT 9:00 A. M. 

*No. 89-3648. William Shrader, Appellant vs. John P. Whitley, Warden, Et Al (NO ORAL ARGUMENT). 

*No. 89-4825. Leonard Harrison, Appellant and Aetna Casualty & Surety Co., Appellant vs. Atlantic 

*No. 89-6018. Amoco Oil Company, Et Al., Appellants vs. M/T East Star, Etec. 

*No. 89-3692. Rufus Crayton, Jr. vs. Illinois Central Gulf Railroad vs. Bayou Steel Corp., Appellant. 

GILBERT F. GANUCHEAU 

CLERK OF THE UNITED STATES COURT OF APPEALS 

FOR THE FIFTH CIRCUIT 

NEW ORLEANS, LA. 3/23/90-36 
The Court desires that counsel be aware in advance that oral argument in all cases are now 

being tape recorded for the exclusive use of the Court. However, counsel may arrange at their own 

expense for an official court reporter to be present, upon advance approval of the Court. On request, the 

Clerk will notify counsel who desire immediate collect telephonic notification when the opinion is 

rendered. 
Counsel to present oral argument are requested to appear in person at the Clerk's Office 

30 minutes prior to convening of Court on the day of the hearing, except that counsel in the last case may 

check in at that time by telephone. 
  

New Orleans Clerk's Office: Room 100, 600 Camp Street 
United States Court of Appeals Courthouse 

New Orleans, Louisiana 70130 
A.C. 504-589-6071 
FTS. 682-6071 

 



  

PREPARING FOR ORAL ARGUMENT IN THE FIFTH CIRCUIT* 

The following information will be helpful to you in prepar- 

ing for oral argument: 

1. You should not start with a recitation of the background 
facts, but should go immediately to the key issues upon which the 
case turns. Each judge receives a copy of the briefs and record 
excerpts in his or her chambers. It is the invariable practice 
of the judges to read these materials prior to oral argument. 

2. Prepare your argument in advance. Select one or two key 
issues, because that is all that the time allowed you will permit 
you to cover. You may find it helpful to begin by stating the 
issues you intend to cover so that any judge who wishes you to 
discuss other issues may so advise you. Rely on your brief for 
the rest. The court will not consider those issues to have been 

abandoned. 

3. If you plan to use any kind of visual aid, make arrange- 
ments with the Deputy Clerk in advance. Easels are available. 
If your visual aid is electrical or mechanical, make certain it 
is connected and working. The Deputy Clerk will give you access 
to the courtroom before the start of oral argument for this pur- 

pose. 

4. If you have not made prior arrangements with the Clerk 
to call in, report in person to the Clerk's Office promptly 
thirty minutes before court is scheduled to convene on the date 
set for oral argument regardless of the order in which your case 
is listed. This 1s essential because occasionally cases are 
rescheduled, or cases listed before yours may be settled or con- 

tinued. 

5. Expect questions during your argument and, when they are 
asked, answer them directly, then explain your answer. In addi- 
tion, before your case is called for argument, you may receive 
guestions in writing. Don't forget to consider these. 

6. Do not address your argument entirely to one judge even 
though one may ask more questions than the others. No case is 

assigned to a judge before oral argument. At the conclusion of 
each day's arguments a conference is usually held on the cases 
heard by the panel. A tentative decision is reached and one of 
the judges is designated to prepare the opinion. Assignments are 
made so as to equalize the workload of the entire session, taking 
into account possible dissents. 

*This material is sent to lead counsel along with the notice of 

oral argument. If lead counsel is not the person to present 

argument, this paper should be given to the oral argument 

attorney. 

June 1, 1985 

 



  

7. There are microphones on the lectern. These serve for 

both amplification and recording of the argument. Do not walk 

away from them in presenting your argument. The courtroom acous- 

tics can make it difficult for the judges to hear you and the 

recording of your argument will be affected. Speak loudly and 

clearly so that your argument can be fully heard and 

understood. 

8. Local Rule 34.4 permits only two counsel for each party 

to be heard. In view of the limited time allowance, it is 

usually better for only one lawyer to handle the entire argument. 

9. If you have discovered additional authorities not cited 

in your brief, do not waste your short time reciting the cita- 

tions in oral argument. Before you begin your argument, file 

four copies of a letter giving the name of each such case or 

authority and its citation, giving a copy to opposing counsel. 

Your list may be in handwritten form. 

10. Unless additional time is allowed, each side has twenty 

minutes, including rebuttal time. The green light on the lectern 

will be on when you start. A yellow light will go on when you 

have two minutes left. When the red light goes on, finish your 

sentence and stop. Do not press on until stopped; whatever you 

add is unlikely to overbalance the annoyance you create by ex- 

ceeding the allotted time. If the judges have additional ques- 

tions or wish you to continue, they will tell you. 

11. The appellant is permitted to reserve time = for 

rebuttal. This must be restricted to rebuttal. Obviously only a 

fraction of the time requested for direct argument should be 

reserved. Usually 5 minutes is ample. 

MISC-8