Dallas District Judge Entz' Petition for Permission to Appeal

    HUGHES & LUCE 

. 2800 MOMENTUM PLACE 

1717 MAIN STREET 
DALLAS, TEXAS 7520 900 ONE CONGRESS PLAZA 

11 CONGRESS 

(214) 939-5500 AUSTIN, TEXAS 7870 
FAX (214) 939-6100 (512) 482-6800 

TELEX 730836 FAX (512) 482-6859 

  

(214) 939-5581 

January 11, 1990 

FEDERAL EXPRESS 

RECEIPT NO. 9090561734 

- 

Gilbert F. Ganucheau, Clerk 
U. 8S. Court Appeals, 5th Circuit 
600 Camp 

  

    

  

reet 

ans, Louisiana 70130 

A Re: League of United Latin American Citizens (LULAC), 

et al. v. Jim Mattox, et al. 

Dear Mr. Ganucheau: 

Enclosed please find an original and four copies of 
Defendant-Intervenor-Appellant Dallas County District Judge F. 
Harold Entz's Petition for Permission to Appeal for the 
above-referenced case. Although I understand that 
administratively this matter will be assigned its own docket 
number, please be advised that it is related to Cause No. 
90-8014, presently pending before the Court. 

Please return a file-marked copy to me in the enclosed 
envelope. Please note that copies of the above document are 
being sent by certified mail to the other parties. 

Ej trul 5, ery ruly your 

David C. Godbey 

DCG/pai 

Enclosures 

 



    
HUGHES & LUCE 

Gilbert F. Canucheau, Clerk 

Page 2 

January 11, 1990 

CC: (CERTIFIED MAIL RRR) 

William L. Garrett 

Rolando Rios 

pean Finkelstein 

jBherrilyn A. 1fill 
Gabrielle K. McDonald 

Edward B. Cloutman, III 

E. Brice Cunningham 
Renea Hicks 

Ken Oden 

David R. Richards 

J. Eugene Clements 

Darrell Smith 

Michael J. Wood 

Joel H. Pullen 

Seagal V. Wheatley 
John L.. Hill, Jr. 

 



  

IN THE UNITED STATES COURT OF APPEALS 
FOR THE FIFTH CIRCUIT 

LEAGUE OF UNITED LATIN AMERICAN 

CITIZENS (LULAC), et al., 

Plaintiffs-Appellees, 

§ 
§ 
§ 
§ 
§ 

Vv. § NO. 

§ 
JIM MATTOX, t 1... § 

§ 
§ Defendants-Appellants. 

DALLAS COUNTY DISTRICT JUDGE F. HAROLD ENTZ' 

PETITION FOR PERMISSION TO APPEAL 
  

TO THE HONORABLE COURT OF APPEALS: 

Defendant-Intervenor Dallas County District Judge F. 

Harold Entz ("Judge Entz"), pursuant to 28 U.S8.C. § 1292 (b) 

and Rule 5 of the Federal Rules of Appellate Procedure, files 

this Petition for Permission to Appeal as follows: 

PRELIMINARY STATEMENT 
  

1. This Petition is related to Cause No. 90-8014, 

presently pending before this Court. As indicated below, in 

making this petition, Judge Entz relies upon and incorporates 

by reference certain documents and arguments made in Judge 

Entz's Emergency Application for Stay in that appeal. Judge 

Entz further notes that the Petition of Judge Wood, previously 

pending as Cause No. 90-9003, and now consolidated in Cause 

90-8014 (by Order dated January 11, 1990) raised essentially 

the same issues presented here, and was granted by the Court 

by Order dated January 11, 1990. Judge Entz incorporates by 

reference Judge Wood's Petition to Appeal. 

JUDGE ENTZ'S PETITION FOR 
PERMISSION TO APPEAL - Page 1 
  

 



  

2. Following this Court's stay order of January 11, 

1990 in Cause No. 90-8014, the district court entered a 

further Order, a copy of which is attached to this Petition as 

Exhibit "A." That Order purports to "de-certify" the November 

8, 1989 order unfer 28 U.S5.C. § 1292(Db). As stated by this 

Court in its January 11, 1989 Order (at note 1), this Court 

rather than the district court now has jurisdiction. 

Accordingly, Judge Entz believes that the district court's 

January 11 order does not preclude the instant certification 

motion. 

3. Certification under section 1292(b) as a practical 

matter 1s irrelevant because the district court's order of 

January 2, 1990, which granted injunctive relief, is 

appealable as of right under 28 U.S.C.  § 1292 (a) (1), 

rendering this Petition unnecessary. That result 1s true 

regardless whether the district court's January 11 order is 

efficacious or not. It is only out of an abundance of caution 

that Judge Entz files this Petition for Permission to Appeal 

the district court's order entered on November 8, 1989, as 

modified for clerical corrections on November 27, 1989, 

December 26, 1989 and as referenced in an Order entered by the 

district court on January 2, 1990, copies of which orders and 

modifications, together with findings of fact, conclusions of 

law, and opinion are attached as Exhibits "C" and "H" to Judge 

Entz's Emergency Application for Stay, filed in this Court on 

January 3, 1990. 

JUDGE ENTZ'S PETITION FOR 
PERMISSION TO APPEAL - Page 2 
  

 



  

3. The facts necessary to an understanding of the 

controlling questions of law determined by the district 

court's order are as follows: 

Judge Entz incorporates by reference his factual 

background as set out in his Post-Trial Brief at 1-18, which 

brief is filed in this Court as Exhibit "B" to his Emergency 

Application For Stay. 

q. The questions of law that Judge Entz requests the 

Court to decide are as follows: 

Judge Entz incorporates by reference his discussion of 

the controlling issues of law as set out in his Post-Trial 

Brief at 1-24, filed in. this Court as’ Exhibit "B" to his 

Emergency Application for Stay. 

5. A substantial basis exists for a difference of 

opinion on these questions for the following reasons: 

Judge Entz incorporates by reference his Post-Trial Brief 

at’ 1-183 ‘and his Motion for’ Certification at 2-3 in the 

district court, which are attached as Exhibits "B" and "D" 

respectively to his Emergency Application for Stay. 

6. An immediate appeal may materially advance the 

termination of this litigation for the following reasons: 

Judge Entz incorporates by reference his Post-Trial Brief 

at 1-24 and his Motion for Certification at 1-2, which are 

attached as Exhibits "B" and "D" respectively to his Emergency 

Application for Stay. 

JUDGE ENTZ'S PETITION FOR 
PERMISSION TO APPEAL - Page 3 
  

 



  

WHEREFORE, Judge Entz requests this court to grant his 

Petition for Permission to appeal and to award him such other 

relief to which he may be entitled. 

Respectfully submitted, 

hela 
lg 

  

Robert H. ” Mow, 

David C. Ba 
Bobby M. Rubarts 

Esther R. Rosenblum 

of HUGHES & LUCE 

2800 Momentum Place 

1717 Main Street 
Dallas, Texas 75201 

(214) 939-5500 

ATTORNEYS FOR DALLAS 
COUNTY DISTRICT JUDGE 
F. HAROLD ENTZ 

  

CERTIFICATE OF SERVICE 

I certify that a true and correct copy of the foregoing 
instrument was served by certified mail, return receipt 
requested on William L. Garrett, Rolando Rios, Susan 
Finkelstein, Sherrilyn A. Ifill, Gabrielle K. McDonald, Edward 
B. Cloutman, III, E. Brice Cunningham, Renea Hicks, Ken Oden, 
David R. Richards, J. Eugene Clements, Darrell Smith, Michael 
J. Wood, Joel H. Pullen, and Seagal V. Wheatley in accordance 
with the Federal Rules of Appellate Procedure this - day 

ester dl, 
a 

  

52800010183 

JUDGE ENTZ'S PETITION FOR 
PERMISSION TO APPEAL - Page 4