Emergency Motion for Extension of Time

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UNITED STATES  D ISTR ICT  COURT 
E A S TE R N  D ISTRICT  OF MICHIGAN 

SOUTHERN DIVES ION

R O N A LD  B R A D L E Y ,  et al,

P la int if fs ,

v, .

W IL L IA M  G. M IL L IK E N ,  et al,

C iv i l  Act ion  No. 35257

Defendants,

and

D E TR O IT  F E D E R A T IO N  OF TEACHERS, 
L O C A L  #231, A M E R IC A N  F E D E R A T IO N  
OF TEACHERS,  A F L - C IO ,

Defendant- Intervenor,

and

DENISE MAGDOWSKI,  et al,

E T  A L .

Defendants - Intervenor,

/

E M E R G E N C Y  M OTION

NOW COME the A l len  Pa rk  Public Schools, et al, the Grosse  Pointe 

Public Schools, the Southfield Publ ic Schools and the School D is tr ic t  of the City of 

Roya l  Oak and move this Honorable Court to extend the time for  f i l ing wri tten 

objections, modifications and alternatives to the recommendations submitted to 

the Court by the desegregat ion  Panel  appointed by the Court and the State Super­

intendent of Public Instruction, respect ive ly ,  f r o m  August 15, 1972, to Tuesday, 

September 5, 1972.

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1. By Order dated July ZO, 197Z, the Court of Appeals fo r  the Sixth

i

Circuit  d irected  that counsel f i l e  an appendix and briefs  in this cause by August 14, 

1972; that reply br ie fs  be f i led  by August 21, 1972; and that oral  argument be 

presented on August 24, 1972.

2. On August 1, 1972, the recommendations of the Panel  appointed 

by this Court and the recommendations of the State Superintendent of Public 

Instruction, both cal led for  by this Court 's  Order of June 14, 1972, w e re  received; 

by Counsel and, to the best of Counsels'  knowledge and information, by the Court. 

Said recommendations aggregate  approximate ly  170 pages and deal, among other 

things, with the reassignment of students and faculty, school f inance and g o v e r ­

nance, as w e l l  as in -s e rv ic e  training for  faculty and staff, codes of student con­

duct, curr iculum and textbooks.

3. On August 1, 1972, counsel w e re  advised bythe Court that wri tten 

objections to the recommendations submitted to the D is tr ic t  Court by the d eseg ­

regation Panel  and by the State Superintendent of Public Instruction, and m o d i f i ­

cations and alternatives thereto, must be submitted to the Court on or before  

August 15, 1972.

4. Counsel, in compliance with the Order  of the Court of Appeals for  

the Sixth Circuit  issued on July 20, 1972, are  devoting a l l  of their e f forts  and 

time in connection with this proceeding to the preparation and printing of a joint 

appendix and the preparation of b r ie fs .  The t ime requirements imposed upon 

counsel with regard  to the preparation and presentation of the appeal to the 

Court of Appeals  do not perm it  counsel adequate time to rev iew  the recom m enda­

tions of the desegregat ion Pane l  and the State Superintendent of Public Instruction 

pr io r  to the time the appeals in this case are heard by the Court of Appeals  fo r  

the Sixth Circuit.

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5. The recommendations of the desegregat ion Panel  do not con tem­

plate the forced  reassignment of students and faculty pr ior  to the second derrester 

of the 1972-1973 school year and it is submitted that there is no demonstrable  

need to impose upon counsel the burden of preparing written objections, m od i f i ­

cations and alternatives to the recommendations of the desegregat ion  Panel  and 

the State Superintendent of Publ ic Instruction pr ior  to the time the appeals in this 

case are  heard by the Court of Appeals for  the Sixth Circuit.

6. The plan of desegregat ion embraced  by the Order  of this Court 

issued on June 14, 1972, and the recommendations of the desegregat ion Panel  

include f i f t y - th ree  (53) school d istr ic ts ,  including some eighteen (18) school 

d istr ic ts  who have never been be fore  the Court and who are unrepresented by any 

counsel in t i l s  proceeding. None of the school d istr icts  involved w ere  served  

d irec t ly  with a copy of the recommendations of the desegregat ion Pane l  and the 

Superintendent of Public Instruction and it has taken s eve ra l  days to make copies 

thereof  and transmit  to the af fected school d istr icts .  It is submdtted that funda­

mental fa irness and due process of law require that each of the a f fected school 

d istr ic ts  be given reasonable opportunity to r e v iew  and comment upon said 

recommendations and to communicate with counsel with respect  thereto, and that 

the f i f teen (15) day period allowed by the Court fo r  f i l ing objections, modifications 

and alternatives to said recommendations does not af ford such opportunity.

7. Inasmuch as Counsel are  devoting e ve ry  possible moment of their 

time to comply  with the schedule decreed  by the Court of Appeals for  the Sixth 

Circuit,  that Counsel w i l l  be unable to rev iew  the recommendations of the Panel  

and the Superintendent of Public Instruction, counsel with their clients and p r e ­

pare writ ten objections, alternatives and modifications thereto by August 15,

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1972, it is prayed that this Court extend the tune for  f i l ing such objections, 

modif ications, a lternatives and recommendations f r o m  August 15, 1972, to 

September 5, 1972.

Respect fu l ly  submitted,

Telephone: (313) 963-8142
Attorneys fo r  Defendants - Intervenor s A l len  Pa rk  
Public Schools, et al

H IL L ,  LEWIS, ADAMS, GOODRICH & TA  IT

3700 Penobscot Building 
Detroi t , Michigan 48226 
Telephone:  (313) 962-6485
Attorneys fo r  Defendant-Intervenor Grosse  
Pointe Publ ic Schools

CONDIT AN D  M cG A R R Y ,  P. C.

By________ _______________-n h c n L i
Richard P.  Condit

860 West  Long Lake Road 
B loom f ie ld  H i l ls ,  Michigan 48013 
Telephone: (313) 645-5205
Attorneys  for  Defendant-Intervenor Southfield 
Publ ic Schools

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H A R T M A N ,  BE1ER, H O W L E T T ,  M c C O N N E L L  

& GOOGASIAN
\

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By.
Kenneth B. McConnel l

74 West  Long Lake Road
B loom f ie ld  Hi l ls ,  Michigan 48013
Telephone: (313) 645-9400
Attorneys  fo r  Defendant-Intervenor School
D is tr ic t  of the City of Roya l  Oak

Dated: August 8, 1972