Letter from Dimond to Judge Roth RE Motions, Memos in Support, Proposed Order, and Supplemental Pleading

    • •
O ’ B r i e n , M o r a n  8s D i m o n d

A T T O R N E Y S  A N D  C O U N S E L L O R S  A T  L A W  

9 1 8  B O O K  B U I L D I N G  

DETROIT,  M IC H I G A N  4 8 2 2 6
_________  A N N  A R B O R  O F F I C E

, , 906 Rose Avenue
< 3 1 3 ;  9 6 3 - 1 2 3 1  A N N  A R B O R ,  M I C H I G A N  4 B 1 0 4

(313) 769-B999

June , 1973

Hon. Stephen J. Roth 
U.S. District Judge 
U.S. District Court 
Federal Building 
600 Church Street 
Flint, Michigan

Re: Bradley v. Milliken. No. 35257
Dear Judge Roth:

Pursuant to the opinion and orders of the Court of 
Appeals in this cause on June 12, 1973» please find enclosed
(1) a motion to join some parties and substitute others, 
supporting memorandum, and a proposed order; (2) a motion 
to require the Court-appointed panel to proceed with its 
studies and planning and to set a schedule for proceedings 
in this cause, supporting memorandum, and a proposed 
order; and (3) a supplemental pleading. We have previously 
filed a proposed order to refer this matter to the legis­
lature for its consideration.

(1) The usual practice is to hear and determine 
such a motion to join and substitute parties ex parte.
Because of the public importance of this cause, copies have 
been served by mail on all counsel of record in the District 
Court and all counsel appearing on behalf of any school 
district in appellate proceedings, as well as on the chief 
executive officer of each named school district. Those 
named in the motion, as well as the parties, may wish to 
file responses to this motion within ten days, but plaintiffs 
respectfully submit that no hearing nor oral arguments
on the motion is required or warranted under the circumstances, 
and that the Court’s order should issue no later than twenty 
days after this filing.

(2) The motion to require the Court-appointed panel 
to proceed with its studies and planning also includes a 
proposed schedule for proceeding in this cause subject to 
alteration to accomodate the legislature in its consideration 
of the matter. It has been served as set forth above and
in addition on the Court-appointed panel. The parties, as 
well as those named in the motion to join parties and the 
Court-appointed panel, may wish to file responses forthwith, 
but plaintiffs respectfully submit that no hearing nor oral 
argument on this motion is required nor warranted and the

T h o m a s  C .  O ’ B r i e n  
M i c h a e l , c . M o r a n  
P a u l  r . D i m o n d



Hon. Stephen J 
Flint, Michiga

^Roth Page Two

Court’s order should issue no later than twenty days after 
this filing.

(3) Pursuant to Rule 15 F.R.Civ.P., plaintiffs 
respectfully request leave of this Court to file the enclosed 
amended and supplemental pleading to amend and supplement 
the prior pleadings. The amended and supplemental pleading 
sets forth plaintiffs’ relevant claim against the parties including 
those named in the motion to join and substitute parties.
The amended and supplemental pleading has been served as 
set forth in paragraph (1) above.

The purpose of the enclosed motions, pleadings, 
and proposed orders is to establish a procedural framework 
by which the Court and all the parties may consider the 
issue of metropolitan relief in the context of actual 
plans, alternatives and objections and all the relevant 
and admissible evidence pursuant to the Opinion and Rulings 
of the Court of Appeals in this cause on June 12, 1973.

For the convenience of the Court, a copy of this 
letter and all papers are also enclosed. In order to consider 
any questions raised by these papers, plaintiffs respectfully 
request that the Court convene a pre-trial conference among 
all the counsel for all the parties and a representative 
of the Court-appointed panel at the Court’s earliest 
convenience. At the same time, a reasonable and more 
convenient method for serving all additional pleadings, 
briefs, and discovery can be set.

PRD:j m 

Enc .
cc: Counsel of Record

Aubrey V. McCutcheon, Last Chairman of the Panel 
John W. Porter
The Chief Executive School Officer of Each 

School District in the Tri-County Area 
Where Counsel Has Not Agreed to Accept Service 

Clerk

Sincerely yours,

PAUL R. DIMOND