Note to Counsel; Memorandum from Ganucheau (Clerk) to All Counsel; Order Granting Motion of Plaintiffs-Appellants; Dockett and Rules for Preparing Oral Argument in the Fifth Circuit

    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 rgcgiet of copy of your printed calendar showing n.jz case in re: 
vs.  L / No 36)51  C:hi5brpl eei- al.  b ean tor 4 I.  

assigned for hearing at 9:00 A M on in the United S tes Court of Appeals Courthouse, 600 
Camp Street, NEW ORLEANS, LOUISIANA. 

3 

Signature: 

Attorney fo 

Date.  Li- I g ?  



Ilkniteb States eourt of Me 

GILBERT F. GANUCHEAU 
CLERK 

FIFTH CIRCUIT 

OFFICE OF THE CLERK 

April 2, 1990 

TO ALL COUNSEL OF RECORD 

TEL. 504-339-6514 
GOO CAMP STREET 

NEW ORLEANS, LA 70130 

89-3654 - Ronald Chisom, Et Al.; United States of 
America vs. Charles E. Roemer, III, Etc., 
Et Al. 

Dear Counsel: 

Enclosed is a copy of this court's order granting plaintiffs-
appellants' motion to expedite the above referenced appeal. 

Accordingly, this case is assigned for oral argument on Monday, 
April 30, 1990 in the East Courtroom (Room 223) of the United 
States Court of Appeals Courthouse, 600 Camp Street, New Orleans, 
Louisiana at 9:00 A.M. as the last case on the docket for that 
day. Enclosed is a copy of this Court's printed calendar, for 
which we ask that you please acknowledge receipt. 

This case has been classified for limited argument not to exceed 
twenty (20) minutes per side. 

Very truly yours, 

GILBERT F. GANUCHEAU 
*CLERK 

By  4,4! 
Geo tte Chabert 
Calendar Clerk 

/gc 
Ends. 



IN THE UNITED STATES COURT OF APPEALS J.S.COURTOFAPPEALS 

,FILED 

APR - 2 1990 

NO. 89-3654 GILBERT E GANUCHEAU. 
----. CLERK 

FOR THE FIFTH CIRCUIT 

RONALD CHISOM, ET AL., 

Plaintiffs-Appellants, 

UNITED STATES OF AMERICA, 

Intervenor-Appellant, 

versus 

CHARLES E. ROEMER, III, in his capacity 
as Governor of the State of Louisiana, ET AL., 

Defendants-Appellees. 

Appeals from the United States District Court for the 
Eastern District of Louisiana 

ORDE R: 

IT IS ORDERED that the motion of plaintiffs-appellants, Ronald 

Chisom, et al., to expedite the oral argument of this cause is 

UNITE STATES CIRCUIT 
THOMAS M. REAVLEY 



UNITED STATES COURT OF APPEALS 
FOR THE FIFTH CIRCUIT REVISED - 4/2/90  

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". 

• 

*No. 89-2958. 
*No. 89-1275. 
No. 89-1036. 
No. 90-8014. 

• 

*No. 89-3654. 

*No. 89-4720. 
*No. 89-5579. 
*No. 89-4416. 
*No. 89-3552. 

*No. 89-3275. 
*No. 89-4566. 
*No. 89-1387. 
ottze, $19-16_42 

MONDAY, APRIL 30, 1990 
COURT CONVENES AT 9:00 A. M. 

Pernie Bailey Drilling Co. vs. Federal Deposit Insurance Corp., Etc., Appellant. 
Stuart M. Smith, Jr., Appellant vs. United States of America. 
Herbert McClendon-Brooks, Et Al., Appellants vs. Xerox Corporation. 
League of United Latin American Citizens, Etc. vs. William P. Clements, Etc., 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, Etc., Et Al. vs. William P. Clements, Etc., Et Al.; Jim Mattox, Etc., 

Et Al., Appellants). 
Ronald Chisam, Et Al.. Appellants; United States of America, Appellant vs. Charles 

TUESDAY, MAY 1, 1990 E. Roemer, III, Etc., Et Al. 
COURT CONVENES AT 9:00 A. M. 

Glen Thibodeaux vs. Atlantic Pacific Marine Corp. vs. Felmont Oil Corp., Appellant. 
United States of America vs. Elizabeth Ehrlich, Appellant. 
Radio WHKW, Inc., Etc. vs. Ben Yarber, Appellant. 
Westwego Citizens for Better Government, Et Al., Appellants vs. City of Westwego, Etc., 

Et Al. 

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

United States of America vs. Frank Landry, Appellant. 
The State of Louisiana, Petitioner vs. U. S. Department of Health & Human Services. 
United States of America vs. Lucy Marrero, Appellant. 
wi 0 Akin. Er Al—L. vs. Q-L Investments, Inc., Etc., Et Al.; Laventhol & 



111 
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 is 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 
questions 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 



410 
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