Letter From Dimond to Court RE Motions and Supplemental Pleadings

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C E N T E R  F O R  L A W  A N D  E D U C A T I O N

61 K IR K L A N D  S T R E E T  
C A M B R ID G E ,  M A S S A C H U S E T T S  0 2 1 3 8

P a u l  R. D i m o n d
9 0 6  R O S E  A V E N U E  

A N N  A R B O R ,  M I C H I G A N  4 8 1 0 4  

T E L E P H O N E  3 1 3 - 7 6 9 - 7 4 4 1

Mr. Frederick W. Johnson 
Clerk
United States District Court 
133 United States Courthouse 
Detroit, Michigan 48226

Re: Bradley v. Milliken. No. 35257
Dear Mr. Johnson:

Enclosed please find (1) a motion to join parties, 
supporting memorandum, and a proposed order; (2) a motion 
to require the Court-appointed panel to proceed with its 
studies and planning, supporting memorandum, and a 
proposed order; and (3) a supplemental pleading. Plain­
tiffs delayed filing these papers until the Court of 
Appeals had denied several of the parties1 petitions for 
rehearing en banc. Under the rules of the Sixth Circuit, 
the grant of such a rehearing en banc vacates the panel*s 
opinion; had the petitions been granted, therefore, 
prior filing of these motions would have been rendered 
premature and required this Court to enter into both 
speculative and possibly wasteful action. Now, however, 
“delay is no longer tolerable/* Bradley v. Milliken,
____ _J? • 2d __________ (Dec. 8 , 1972) Slip op. TT/in ifashioning
and implementing an effective plan for the desegregation 
of the Detroit Public Schools.

(1) The usual practice is to hear and determine 
such a motion to join parties ex parte. Because of the 
public importance of this cause, copies have been served 
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 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 five days, but plaintiffs 
respectfully submit that no hearing nor oral arguments
on the motion is required or warranted under the circum­
stances, and that the Court’s order should issue no 
later than ten 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 hearings in this cause. It has 
been served as set forth above and in addition on the



Mr. Frederick^. Johnson 
Detroit, Mich™an 48226 Two

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 Court*s 
order should issue no later than ten days after this 
filing.

(3) The supplemental pleading sets forth plaintiffs* 
relevant claim against the parties and those named in the 
motion to join parties. The supplemental pleading has 
been served as set forth in paragraph (1) above. Insofar 
as the Court may view this supplemental pleading as some 
type of complaint and the service aforementioned inadequate 
plaintiffs respectfully request that the Court appoint a 
special process server to serve such pleading on all 
parties forthwith, that the time for responses and any 
cross-claims by any party be set for 20 days after this 
filing, and that all discovery may proceed immediately 
against any party.

Due to the unique posture of this cause, including 
the Opinion and Orders of the Sixth Circuit entered 
December 8, 1972, and the unfortunate illness of the 
Honorable Stephen J. Roth (the United States District 
Judge previously assigned to this cause), plaintiffs 
respectfully pray that this Honorable Court be apprised 
of these motions and this letter forthwith so that 
undue delay can be avoided in proceeding in this cause 
should Judge Roth be unable to consider and rule upon 
these matters.

For the convenience of the Court, two copies of 
this letter and all papers are also enclosed.

Sincerely yours,

Paul R. Dimond
PRD:jm
cc: Hon. Stephen J. Roth

Counsel of Record 
The Panel 
John W« Porter
The Chief Executive School Officer of 

Each School District in the 
Tri-County Area