Dallas County Plaintiff/Intervenors' Motion to Correct Clerical Mistake and Brief; Proposed Order

    MuLLiNaXx, WELLS, BaAaB & CLouTMAN, P.C. 

ATTORNEYS AT LAW 

3301 ELM STREET/DALLAS TEXAS 75226-1637 

  

EDWARD B. CLOUTMAN, III PHONE (214) 939-9222 
Board Certified-Labor Law November 13, 1989 METRO 263-1547 

Texas Board of Legal Specialization TELECOPIER (214) 939-9229 

EXPRESS DELIVERY 
  

Mr. John D. Neal 
U.S. District Deputy Clerk 
200 E. Wall 
Midland, Texas 79702 

RE: LULAC Council #4434, et al. vs. 

Mattox, et al. 

Case No. MO-88-CA-154 

Dear Sir: 

Enclosed please find an original and two copies of 
Dallas County Plaintiff/Intervenors' Motion to Correct Clerical 
Mistake and Brief and Order in regard to the above referenced 
matter. 

Please file same and return a file marked copy to the 
undersigned in the enclosed self-addressed envelope. 

By copy of this letter, I am forwarding copies of 
these documents to counsel of record. 

Very truly yours, 

MULLINAX, WELLS, BAAB 
& CLOUTMAN, P.C. 

  

  

/klp 
Encl. 

cc: Mr. Renea Hicks 
Ms. Susan Finkelstein 
Ms. Gabrielle K. McDonald 
Mr. J. Eugene Clements 
Mr. Rolando L. Rios 
Mr. David C. Godbey 
Mr. William L. Garrett 
Ms. Sherrilyn A. Ifill 
Mr. Jim Boyle = 

3 

 



  

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

LULAC COUNCIL #4434, ET AL. § 

§ CIVIL ACTION NO. 

VS. § 
§ MO-88-CA-154 

JIM MATTOX, ET AL. § 

DALLAS COUNTY PLAINTIFF/INTERVENORS' 
MOTION TO CORRECT CLERICAL MISTAKE AND BRIEF 
  

Dallas County plaintiff/intervenors Jesse Oliver, Joan 

Winn White and Fred Tinsley, pursuant to Rule 60(a), F.R.C.P., 

move this Court for an order correcting an apparent clerical 

mistake or oversight in the Court's November 8, 1989 Findings 

of Fact and Conclusions of Law in the above referenced matter, 

and as basis for such order, show the Court as follows: 

1. In the style assigned this case, the appearance 

of Dallas County plaintiff/intervenors Jesse Oliver, Joan Winn 

White and Fred Tinsley is inadvertantly omitted, while the 

appearance of other intervenors is noted therein. To be 

consistent, Dallas County plaintiff/intervenors should be noted 

in the style, together with other plaintiff and defendant 

intervenors. 

2. Further, and in the same vein, on pages 12-13 of 

the Court's Findings of Fact and .Conclusions of Law, the parties 

to this litigation are identified, including plaintiff and 

defendant intervenors, except that Dallas County plaintiff/in- 

tervenors are omitted. They respectfully suggest that at the 

 



  

conclusion of the paragraph numbered "3.", the following 

description of Dallas County plaintiff/intervenors be inserted: 

"plaintiff/intervenors from Dallas County, Jesse Oliver, Joan 

Winn White and Fred Tinsley, are black attorneys and citizens 

of Dallas County, Texas, each of whom is a former district judge 

from Dallas County, who was defeated in a county-wide election 

for district judge." 

Se Dallas County Plaintiff/inteivenors suggest these 

matters be included for consistency and as well to explain the 

Court's later findings which reference Dallas County plaintiff/- 

intervenors and their evidence. 

WHEREFORE, premises considered, Dallas County 

plaintiff/intervenors pray that the Court will enter an Order 

correcting the November 8, 1989 Findings of Fact and Conclusions 

of Law as requested hereinabove. 

Respectfully submitted, 

MULLINAX, WELLS, BAAB 

& CLOUTMAN, P.C. 
3301 Elm Street 
Dallas, Texas 75226-1637 

(214) 939-9222 

AT 
Edward B. Cloutman, 

(Bar No. 044 110 00) 

  

COUNSELFORPLAINTIFFS/INTERVENORS 

 



  

CERTIFICATE CF CONFERENCE 
  

The undersigned counsel hereby certifies that he 

contacted Mr. Renea Hicks, counsel for State defendants and Mr. 

David Godbey, counsel for defendant/intervenor Entz, regarding 

Dallas County plaintiff/intervenors' Motion to Correct Clerical 

Mistake on November 13, 1989. Both Mr. Hicks and Mr. Godbey 

indicated that they had no objection to said Motion. 

Fined £ Iden 
Edward B. Cloutman, III 
  

CERTIFICATE OF SERVICE 
  

I hereby certify that a true and correct copy of the 

foregoing instrument has been served upon counsel of record, by 

placing same in the United States Mail, postage prepaid, on this 

the [3 day of November, 1989. 

Yad Kn. 
  

  

Edward B. Cloutman, III 

 



IN THE UNITED STATES DISTRICT COURT 

WESTERN DISTRICT OF TEXAS 

MIDLAND-ODESSA DIVISION 

LULAC COUNCIL #4434, ET AL. 

CIVIL ACTION NO. 
VS. 

MO-88-CA-154 
JIM MATTOX, ET AL. 

ORDER 

Came on for consideration, Dallas County plaintiff/in- 

tervenors' Motion to Correct Clerical Mistake, and after having 

reviewed the pleadings, it is the opinion of this Court that 

said Motion is well taken and it is therefore, 

ORDERED, ADJUDGED and DECREED that: 

1. Dallas County plaintiff/intervenors shall 

be noted in the style together with other plaintiff and 

defendant intervenors; and 

2 at the conclusion of the paragraph numbered 

"3." that the following description of Dallas County plaintiff/- 

intervenors shall be inserted: "plaintiff/intervenors from 

Dallas County, Jesse Oliver, Joan Winn White and Fred Tinsley, 

are black attorneys and citizens of Dallas County, Texas, each 

of whom is a former district judge from Dallas County, who was 

defeated in a county-wide election for district judge." 

SIGNED this the day of November, 1989. 

  
  

UNITED STATES DISTRICT JUDGE