Memorandum from Winner to Suitts, Guinier, Williams, Klein, and Wheeler; from Edmisten to Leonard; Defense's Motion to Consolidate & Request for Three-Judge Court; Envelope to Greenberg, Nabrit, and Williams

    l"
MEMORANDUM

TO:

FROM:

DATE:

RE:

!!.y" Suitts, Lani Guinier, Napoleon Wil1iams,
Richard K1ein, a3d Raymg/rd-Wheller
Leslie winner \K1^/
January 29, 1982 \
Gingles, et a1. v. Edmisten

\

Enclosed is the state's l'lotion to Consolidate and
Request For a Three Judge court in the republican suit.
I do not see any ueed to respond to this. Jim Wallace
has assured me that he will forward a proposed Discovery
sti-pulation to rne pri.or to subrnitting it to the court.

The new timetable appears to be that the legislaturewill couvene on February 9, and pass a plan for fhe House
and Senate within the next coup16 of days. rt is questionable
whether or not they will pass a new congressional ptan. They
have set filin_g ti.ue for ilouse and senale and congiess inlate April with a primary date of June l.



t}
IF

RUFUS L. EDMISTEN
AfiORNEY OENERAL

\ '1'1' - :^2

Ftxe nt pfuth @aroliru
pepartmcrt of Uusticc

P. O. Box 629
RALEICH
27602

January 27, 1982

Honorable J. Rich Leonard, Clerk
United States District Court
Eastern District
Federal Building
Raleigh, North Carolina 276L1

RE: Gingles v. Edmisten, Civil No. 81-803-CrV-5
Pugh v. Hunt, Civil No. 81-1006-CIV-5

Dear Mr. Leonard:

Enclosed please find, for filing, four copies of defendantsr
Ir{otion to Consolidate and Request for Three-Judge Court. The
I'lotion , of course, concerns the above-entitled matters.

Counsel for all plaintiffs have been contacted, and all have
authorized me to inform you thatthey consent to the consolidation.
In light of that factr w€ have not prepared a brief in support of
the motion. If, in spite of the consent of al-1 parties, the
1oca1 rules still- require the filing of a briefr w€ will be more
than willing to do Sor if you so advise.

A11 parties have also agreed to provide the Court with a
stipulation regarding the new discovery schedule shortly. I will
prepare and forward that stipulation to you upon its completion.

Please return a copy of the "fj-1ed" Motion to me at your
convenience.

Thank you for your usual cooperation.

Very truly yours,

RUFUS L.
ATTORNEY

EDMISTEN
G

t/M-'
Ilace,

Attorney General
LegaS- Affairs

JffiJR/dm.

Enclosure

James
P'ePut.



tI

JAI4ES

FOR

RALPII GINGLES, c. t et al.,

v.

RUFUS EDIIIISTEN,

ALAN V. PUGH,

v.

B. HUNT,

rou To

COME NOI{

and move the co

entitled actio

Federal Rules o

court to hear

fn support

state:

1. Each act

apportionment p

of the North C

of the Voting

Ralph Ging1es,.

and Eourth Cong

2. Each act

relating to the

Carolina House

Constitution an

to legislative
must be consist

THE T'NITED STATES DISTRTCT COURT
EASTERN DISTRTCT OF NORTH CAROLINA

RALEIGH DIVISION

rN
TH

laintiffs,

crvrl No. 81-803-crv-5

etc. , €t dI. ,

fendants.

tc. , et al-. ,

laintiffs,

crvrl, No. B1-1066-Crv-s

R., etc., €t dI.,

fendants.

LIDATE AND REQUEST FOR THRFE-JUDGF COUFT

defendants in each of the above-entitled actions,

rt to order a complete consolidation of the above-

, for all purposes, pursuant to Rule 42(a) of the

Civil Procedurei and hereby request a three-judge

e actions pursuant to 28 U.S.C. 52284.

f the motion, and as grounds therefor, defendants

on challenges the constitutionality of the Staters

ans for the House of Representatives and Senate

lina General Assembly and also alleqes violations
ghts Act of 1965 , 42 U.S.C. 51973. (Plaint.iffs

t al., have also challenged the plans for the Second

essional Districts. )

on involves common questions of

enactment of redistricting plans

nd Senate in compliance with the

the r.roting Rights Act of 1965.

portionment, if any, granted to

t.

lavr and fact
for the North

Ilnited States

Rel-ief relatincr

the plaintiffs



* {i

3. The defen

4. Each acti
court pursuant

5. Each acti
include overlapp

No prejudice

of sai-d actions.

suits, will save

counsel, and all
evidence at tria
j ustice.

Respectfully

Of Counsel:

Jerris Leonard &
900 17th Street,
Suite 1020
Washingion, D. C
Telephone: (202)

-2-

nts defenses are the same in each action.
n reguires the conveninq of a three-judge
zB u.s.c. sz2g4 and 42 u.s.c. s1973c.

n seeks to represent a class which may

nq members.

to any party will result from a consolidation
Consolidation will avoid a multiplicitrr of

considerable time and expense for t!:e court,
parties, will expedite the presentation of
proceedings, and rvi1I be in the furtherance of

submitred, this rhe ez_ day of y7, ts82.

RUF'US L. EDMISTETI
ATTORNEY GENT'RAL

/i. /.,/

James rlaral.-Laog r- Jt. A,Deputy Attornerr Geney'61 \

for LegaL Affairs/
AttOrney General's Office
Ilorth Carolina' Department of Justice
Post Office Box 629
Raleigh, North Carolina 27602
Telephone: (919) 733-3377

Norma Harrell
Tiare Smiley
As$istant Attorneys General

John Lassiter
Associate Attorney General

Attorneys for Defendants

P.C.Associates,
N.W.

20006
872-L095



trG
Lt

Itl

I hereby ce

Motion to Consol

Plaintiffs I atto
United States P

This the e

-3-

CERTTFICATE OF SERVICE

fy that I have this day served the foregoing

date and Request for Three-Judge Court upon

neys by placing a copy of said Motion in the

t Office, postage prepaid, addressed to:
J..levonne Chambers
Leslie l^Iinner
Chambers, Ferguson, Watt, Vilallas,

Adkins & Fu11er, P.A.
951 South fndependence Boulevard
Charlotte, North Carolina 28202

Jack Greenberg
James l{. Nabiit IfI
llapeoleon B. Williams, Jr.
10 CoLumb,us Circle
New Yorl<, Ner^r York 1001-9

Arthur J. Donaldson
Burke, Donaldson, llolshouser & Kererlv
309 lJorth Main Street
Salisbury, North Carolina 28L44

Robert N. Hunter, Jr.
Attorney at Lar..r
Post Offi-ce Box 3245
201 West llarket Street
Greensboro, North Carolina 27402

day

t.'



Ftdre of $ort[ Ourolinu
pcpurlrnent cf SJuslicc

P. O. Box 629

RALEIGH 27IDC,2

("t

| '*'
l. rf

W, Jack Greenberg
Mr, James M. Nabrit IfI
Mr, Napeoleon B. Williams,
10 Columbus Circ1e
New Yorkr New York 1001-9

Jr.

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