Order to Withdraw Motion to Consolidate; Order to Dissolve Stay

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S1985641A0 P.02.05 

IN THE UNITED STATES DISTRICT COURT FILED FOR THE EASTERN DISTRICT OF NORTH CAROLINA WESTERN DIVISION 

No. 5:97-CV-750-B0(3) 

JACK DALY, et al., 
Plaineiffs, 

) 
) 
) 

v, 
) DRDE R 
) LARRY LEAKE (as Chairman of ) 

the State Board of Elections), ) ot 3). 
) 

Defendants. ) 

The court has Pending before it a motion by the defendants to 
withdraw the metion to consolidate. The court requests the parties 
to provide the court with a status report of the readiness of thig 
dase within ten days from the date of this order. Thig should 
include a forecast by the parties of the timing and scope of 
discovery and other pretrial Preparations, the Parties’ estimate of 
the time which would be involved in trial, and the parties’ present 
edpectalion of a date at whieh they would be ready for trial. 

ENTERED at the direction of the court. 

this 90 gay or August, 1998. 

  Nee W. BOYLE 
CHIEF UNITED STATES DISTRICT JUDGE EASTERN DISTRICT op NORTH CAROLINA 

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF NORTH CAROLINA EASTERN DIVISION FILED 
No. 4:96-CV-104-BO(3) Ale 2 3.1999 

DAVID W. DANIE K Ug DISTRICT AR E DIST. N CAROLINA 

MARTIN CROMARTIE, et al, 
PlaintifYs, 

Vv. 

JAMES B. HUNT, in his official capacity 
as Governor of the State of North Carolina, 
etal, 

Defendants. 

and 

ALFRED SMALLWQQOD, et al., 
Defendant-Intervenors, 

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This matter is before the Court on Plaintiffs' Motion to Digselve Stay, Schedule 
Discovery, and Expedite Trial, Defendants and Defendant-Intervenars join Plaintiffs’ Motion. 
The parties have also filed a Proposed Discovery Plan. Defendants have filed 2 Withdrawal of 
Motion to Consolidate this case with Daly v. Leake, No. 4:97-CV-75 0-BO(3). 

Proceedings before this Court ip this matter have been stayed pending action by the 
United States Supreme Court, Op May 17, 1999, the United States Supreme Court remanded 
this matter to this Court for trial. See Hunt v. Cromartie. 526 US. — 119 S.Ct. 1545 (1999). 

The parties now seek the dissolution of this Court's stay of proceedings in this case. The 
parties also seek an expedited trial and have filed a proposcd discovery order. 

This Court's stay in this matter will be dissolved. This matter js sct for trial at this Court's 
November 1, 1999 term, in Raleigh, North Carplina. Discovery in this case will proceed in 
accordance with the schedule described below. 

  

ee a ——— 

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The parties wll complete discovery in this matter by October 4, 1999. The partes will 
be allowed until August 31, 1999, to join additional Parties or amend pleadings. Plaintiffs may 
serve up fo fly Interrogateties. Defendants and Defendant-Intervenors may serve up ta fifty 
interrogatories, which shall be apportioned between Defendants and Defendants Intervenors as 
they may agree and, absent agreement, divided equally, 

Plaintiffs may notice up ta fifteen depositions of nom-eXpert witnesses, and the 
Defendants, including Defendant-Intervenars, may notice up to fifleen depositions of non-expert 
witnesses, which shall be apportioned between Defendants and Defendant-Intervenors as they 
may agree and, absent agreement, divided equally. The parties must identify expert witnesses 
and serve their Rule 26 reports on or before September 10, 1999. The parties shall be allowed 
until September 22, 1999 to make a goed faith effort to disclose the identity of al) tria] witnesses 
together with a brief statement of what 5 party proposes to establish through each witness 
testimony. 

All motions, except those relating to the admissibility of evidence at trial, are to be filed 
on or before October 18, 1999. The Court notes and ACCEPTS the stipulations agreed to by the 
pastivs | in their Proposed Discovery Plan. Also, as outlined in the parties’ Proposed Discovery 
Plan, reasonable access to the public terminal of the North Carolina General Assembly's 
redistricting computer system will be Provided to eounsel for Plaintiffs or their experts under the 
supervision of the Legiglative Automated Services Division during regular business hours. 

Therefore, this Court hereby DISSOLVES its stay of proceedings in thiy case, 
SCHEDULES discovery as described above, snd scts this case for ria] before the undersigned 
panel duning the Court's November 1, 1999 term in Raleigh, North Carolina. The Court will 
accept Defendants’ Withdrawal] of Motion to Consolidate this matter with Daly v_Le = Leake, and wil 

2 

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accordingly DENY Defendants’ pending Motion to Consolidate. 

SO ORDERED. 

This ___ day of August, 1999, 

SAM J. ERVIN, III 
United States Circuit J udge 
TERRENCE W. BOYLE 
Chief United States District Judge 
RICHARD I. VOORHEES 
Chief United States District Judge 

  

By: y AAA { nl 

TERRENCE W. BOYLE / CHIEF UNITED STATES DISTRICT fUDGE 

TOTAL P. 2S 

  

  

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