Order to Withdraw Motion to Consolidate; Order to Dissolve Stay
Public Court Documents
August 23, 1999

6 pages
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Case Files, Cromartie Hardbacks. Order to Withdraw Motion to Consolidate; Order to Dissolve Stay, 1999. 43e354d2-da0e-f011-9989-002248226c06. LDF Archives, Thurgood Marshall Institute. https://ldfrecollection.org/archives/archives-search/archives-item/0448bc8b-d56f-438f-8257-bcc3416f8a23/order-to-withdraw-motion-to-consolidate-order-to-dissolve-stay. Accessed July 16, 2025.
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82:21 .66« £2 BNY * 30d 1£1283202 “2 55/35/99" Won 17:10 FAX 967 4953 FERGUSON STEIN » @oo1 FERGUSON, STEIN, WALIAS, ADKINS, GRESIIAM & SUMTER, P.A. 312 West Franklin Street + Chapel Hill, NC 27516 Phone (919) 933-5300 « Fax (919) 967-4953 FACSIMILE TRANSMITTAL Datc: 5/2344 TIME: AM/PM From: (Ad 4) Sten Ml AR Phone: 919/933-5300 Fax: 919/967-4953 re: Cx 0nuate PLEASE DELIVER TO: Nar Todd Coll FIRM: Cry: TELEPHONE #: TELECOPIER #: __ 102 — bg ~ |3/> ; # QF PAGES AL, INCLUDING COVER SHEET) If there arc problems with lis uansmission, please contact Shel at 919/933.5300. Documents Reing Faxed: Ordgre The information contrineg In this facsimile message is attarncy privileged and confidential information intended only for the use of the individual or entity named above. If the reader of this message Is not the intended recf pient, you are hereby notified that any dissemrnation, r copying of this communication is strictly prohibited. If you have received this communication in error, please inmediately notify vs by telephone and return the original message to us At the abave address vis the U.S. Postal Service, Thank You, : . ———— 407 dOYEN bcicl NON 66-E2-0NY hme 2161289202 ‘ON Xb "3Iodd 21£1289202 08.23 /88 MON 13: AX he MON 13:19 FAX @: 4953 _ FERGUSON STEIN UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NORTH CAROLINA P.O. BOX 25670 RALEIGH, NORTH CAROLINA 27611 CLERK'S OFFICE % TELEPHONE: (913) 856-4370 FAX: (919) 856-4160 FACSIMILE TRANSMITTAL 2:81:66: £2 on J188564168 P.@1.25 TO: Rd 1ns0n Euere t/Machn Gee Mare Smiley Adam Stein FROM: JDhe. Skinner MESSAGE: 8 Pag— ove yn Cromoche PEGE page orcdlr in Beh NUMBER OF PAGES SENT: 2 (Including Cover) 10/80 'd ¢1€1¢8920¢ ‘ON Xv4d 407 dJ96N bé:cl NON 66-E2-0NY 66. C2 NY - . : 1 p@Q 398d 2121289282 » 42:5 08/23/99 MON_13:20 FAX @: 4953 FERGUSON STEIN @oos . NS AMAD Wier NE 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 407 dOWeN bc:cl NOW 66-E2-9NY L0/b0 'd ¢1€128920¢ ‘ON Xvd (2:€1 66. £2 9NY 2°39Hd 2181289202 a gE » Yoni 82 08/23/99 MON 13:20 FAX 967 4933... rr 1 FERGUSON STRIN 9198564160 HL 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, " e t N a e t N o w r N o N t n t M t a t N t e k a t o r 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 ——— 407 dJUoN G2:2l NOW 66-E2-DNY 10/40 'd ¢1€1¢B8920¢ ‘ON Xu L2:L1 B65. £2 BNY 390 398d 21£1283202 08/23/99 MON 13:20 FAX 967 4983 _ __ ._ FERGUSON STEIN a Zoos ve 9198564162 P.p4.ps 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 2 407 dOUON G2:¢l NOW 66-E2-ONY 10/980 'd ¢1€1¢B8920¢ ‘ON Xv £2. ong Ud 21£1289202 82:1 B66. 723799 MON 13:20 FAX 967 4953 ,. FERGUSON STEIN Zuoe 9186-8416Q@ FP. oS5/05 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 407 dOUoN GZ:cl NOW 66-E2-9NY 10/10 'd ¢1€1289¢0¢ ‘ON X94