Correspondence from Gornstein to Ganucheau (Clerk)

    • U.S. Departm.of Justice 

Civil Rights Division 

JPT:IG:pad 
DJ 166-32-63 

Gilbert F. Ganucheau, Clerk 
United States Court of Appeals 

for the Fifth Circuit 
600 Camp Street, Room 102 
New Orleans, Louisiana 70130 

Appellate Section 

P.O. Box 66078 

Washington, D.C. 20035-6078 

November 28, 1989 

Re: Chisom and U.S. V. Roemer, No. 89-3654  

Dear Mr. Ganucheau: 

Enclosed are the original and three copies of a motion to 
establish a briefing schedule for this consolidated appeal. 

cc: All counsel 

Sincerely, 

James P. Turner 
Acting Assistant Attorney General 

Civil Rights Division 

By: 174-WT/I7‘4,4t1 

Irving Gornstein 
Attorney 

Appellate Section 



IN THE UNITED STATES COURT OF APPEALS 
FOR THE FIFTH CIRCUIT 

No. 89-3654 

RONALD CHISOM, et al., 

Plaintiffs-Appellants 

and 

UNITED STATES OF AMERICA, 

Plaintiff-Appellant 

V . 

BUDDY ROEMER, et al., 

Defendants-Appellees 

APPEAL FROM THE UNITED STATES DISTRICT COURT 
FOR THE EASTERN DISTRICT OF LOUISIANA 

MOTION TO ESTABLISH 
A BRIEFING SCHEDULE 

The United States moves to establish a briefing schedule for 

this consolidated appeal. 

1. On September 25, 1989, private plaintiffs, Ronald 

Chisom, et al., appealed from a judgment finding that Louisiana's 

use of a multimember district to elect two of its seven Supreme 

Court Justices does not violate Section 2 of the Voting Rights 

Act. 

2. Under the current briefing schedule, private plaintiffs' 

brief is due on December 7, 1989. 

3. On November 13, 1989, the United States appealed from 

the same judgment as private plaintiffs. That appeal has been 



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docketed in this Court under the same docket number as private 

plaintiffs' appeal. 

4. Private plaintiffs and the United States made 

essentially the same claims below, and will seek essentially the 

same relief on this appeal. It is therefore desirable for the 

two appeals to have a single briefing schedule and for the 

defendants to be able to 

5. Because we only 

are not prepared to file 

respond to both briefs at 

recently filed our notice 

our brief as appellant at 

the same time. 

of appeal, we 

the same time 

as private plaintiffs. We are prepared, however, to expedite the 

normal processing of our appeal by filing our brief within ten 

days of private plaintiffs. This would make our brief due on 

December 18, 1989. Defendants could then file a single response 

30 days later. 

CONCLUSION 

For the reasons discussed, the United States moves to 

establish a briefing schedule with private plaintiffs' brief due 

December 7, 1989, the United States' brief due December 18, 1989, 

and the defendants' brief due 30 days thereafter. 

Respectfully submitted, 

JAMES P. TURNER 
Acting Assistant Attorney General 

JESSICA D. SILVER 
IRVING GORNSTEIN 
Attorneys 
Department of Justice 
P.O. Box 66078 
Washington, D.C. 20035-6078 
(202) 633-2173 



CERTIFICATE OF SERVICE 

On November 28, 1989, I mailed a copy of this motion to: 

Judith Reed 
NAACP Legal Defense Fund 
99 Hudson Street 
New York, New York 10013 

Roy J. Rodney, Jr. 
McGlinchey, Stafford, Mintz, 
Cellini & Lang, PC 
643 Magazine Street 
New Orleans, La. 70130-3477 

Robert Pugh 
Commercial National Tower 
Suite 2100 
333 Texas 
Shreveport, La. 71101-5302 

Irving Gornstein 
Attorney