Brooks v. Allain Jurisdictional Statement

    UNITED STATES DISTRICT COURT 
EASTERN DISTRICT OF MICHIGAN 

SOUTHERN DIVISION

)
RONALD BRADLEY/ et al., )

)
Plaintiffs )

)
v.  )

)
WILLIAM G. MILLIKEN/ et al., )

)
Defendants )

_______________ _____________________________________ )

jgvws

p A n
1 a

L * u
FREDERICK W. JOHNSON, C!es

JL
Tv : > ' X

CIVIL ACTION NO: 
35257

RULING ON MOTION FOR CONTINUANCE

Defendants, The Board of Education of the City 

of Detroit, McDonald, Hathaway and Golightly, members of 

the Board, and Drachler, Superintendent of the Detroit 

Public Schools, have moved for a continuance of the trial 

of this cause now scheduled to begin December 8, .1970. 

Plaintiffs oppose the motion.

After consideration, the Court grants the motion 

for the following reasons:

1. It is apparent that a trial on the merits 

beginning December 8th would result in fragmentation of the 

proceedings because of the impending Holidays; and frag­

mentation is obviously to be avoided whenever possible, 

entailing, as it does, waste of time and effort.

2. The legislatively ordered decentralization 

of the school system will require the full time of the 

officials and staff for an appreciable length of time.



/
#

3. It would be grossly unfair to the new 

central Board of thirteen members, only three of whom 

will be carry-overs, not to allow them time in which to 

warm their chairs and prepare for their participation in 

the trial on the merits.

4. There is a possibility that decisions in 

cases now before the Supreme Court of the United States will 

be forthcoming in the near future, and they may well affect 

the format and trial of this cause.

5. The order of this Court directing the implementa­

tion of the McDonald Plan resolves the most urgent issue in 

the case, and in view of the September 1971 target date a 

continuance of the trial to some time in early Spring 1971 

seems feasible.

For the reasons stated we are granting the motion 

for a continuance to a date to be fixed by the Court after 

a review of its calendar, and its readjustment, to a date 

to be fixed. The parties will receive timely and adequate 

notice of the new date for the trial on-the merits.

DATED: December 3, 1970
at Detroit, Michigan.

- 2 -