Emergency Motion for Extension of Time
Public Court Documents
August 8, 1972

5 pages
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Case Files, Milliken Hardbacks. Emergency Motion for Extension of Time, 1972. 37349f8d-53e9-ef11-a730-7c1e5247dfc0. LDF Archives, Thurgood Marshall Institute. https://ldfrecollection.org/archives/archives-search/archives-item/59510b7b-73db-4216-96bb-6068d4aab8e2/emergency-motion-for-extension-of-time. Accessed July 16, 2025.
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B U T Z E L , L O N G , G U S T , K L E I N & V A N Z I L E • F I R S T N A T I O N A L B U I L D I N G • D E T R O I T 4 3 2 2 6 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. i! B U T Z E L , L O N G . G U S T . K L E I N & V A N Z I L E • F I R S T N A T I O N A L B U I L D I N G • D E T R O I T 4 8 2 2 6 . • 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. - 2 - B U T Z E L , L O N G , G U S T , K L E I N 8c V A N Z S L E ■ F I R S T N A T I O N A L B U I L D I N G * D E T R O I T 4 8 2 2 6 I • • 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, - 3 - B U T Z E L . L O N G . G U S T . K L E I N ft V A N Z I L E • F I R S T N A T I O N A L B U I L D I N G • D E T R O I T 4 8 2 2 0 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 / B U T Z E L . L O N G . G U S T , K L E I N & V A N Z I L E • F I R S T N A T I O N A L B U I L D I N G • D E T R O I . 4 8 2 2 6 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 \ / 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