Motion For Leave To File Joint Appendix Out Of Time With Cover Letter

    MICHAEL F. EASLEY Department of Justice 

ATTORNEY GENERAL P. 0. BOX 629 REPLY TO: Frances S. Carraway, CLAS 
RALEIGH Special Litigation 

FAX: (919) 716-6763 

November 19, 1998 

Mr. Frank Lorson 

Office of the Clerk 

United States Supreme Court 

One 1st Street NE 

Washington DC 20543 

Re: Hunt v. Cromartie, No 98-85 

Dear Mr. Lorson: 

Per our phone conversation on Tuesday, November 17, 1998, I am enclosing the original and 

eleven copies of the Motion For Leave To File Joint Appendix Out OF Time in the above referenced 

case. Please file stamp the extra copy if the motion is actually filed and return it to us in the enclosed 

self-addressed, stamped envelope. 

The delay in getting the motion to you was due to our efforts to reach opposing counsel. He was 

out of town and required a little extra time in which to return our calls. He did, however, pose no 

objection to the motion, nor did counsel for intervenor-appellants. 

Please let us know of any further action which may be necessary on our part. Also, thank you 

for your kind assistance. 

Sincerely, 

Sun aracn 
Frances S. Carraway, CLAS 

CC; Robinson Everett 

Todd Cox 

 



    

# 
No. 98-85 

In the 

Supreme Court of the United States 
October Term, 1998 
  

JAMES B. HUNT, JR., ef al., 

Appellants, 

and 

ALFRED SMALLWOOD, ef al., 

Intervenor-appellanis, 

MARTIN CROMARTIE, et al., 

Appellees. 

  

MOTION FOR LEAVE TO FILE 
JOINT APPENDIX OUT OF TIME 
  

To the Honorable William H. Rhenquist, Chief Justice of the Supreme Court of the United 

States: 

For good cause shown, State appellants pray the Court for permission to file out of time the 

Joint Appendix in this case. By order of this Court, the State’s Brief on the Merits and the Joint 

Appendix were to be filed with the clerk November 10, 1998, by 3:00 p.m. The Joint Appendix was 

printed locally and copies were picked up from the Office of the North Carolina Attorney General 

on Monday, November 9, 1998, for delivery by Federal Express to the Clerk of the Supreme Court 

by priority overnight service. See Attachments A and B. This shipment was delayed due to severe 

weather conditions in Newark, New Jersey (the location of Federal Express’s sorting facility), which 

 



  

# # 
2 

affected deliveries in the Washington, D.C. area. See Attachment C. Delivery to the Court was 

made 9:00 a.m., November 11, 1998. Copies of the Joint Appendix were served on all parties by 

hand delivery or United States mail as indicated in the certificate of service; thus no party suffered 

a delay in service nor was any party harmed by the delay in filing. The Brief on the Merits was 
[= 

printed in Washington, D.C., and filing was timely made November 10, 1998. 

The late filing of the Joint Appendix was not the result of neglect or bad faith on the part of 

the State appeliants. Counsel for the appellees and the intervenor-appellants have been informed of 

the content of this motion and interpose no objections. 

WHEREFORE, State appellants respectfully request permission to file out of time the Joint 

Appendix in this case. This the 19th day of November, 1998. 

MICHAEL F. EASLEY 
ATTORNEY GENERAL 

Tr 
Edwin M. Speas, Jr. 
Chief Deputy Attorney General 
N.C. State Bar No. 4112 

ot 5 ih, 
—Frare B. Smiley 

Special Deputy Attorney Gener 
N. C. State Bar No. 7119 

  

  

N.C. Department of Justice 
P.O. Box 629 
Raleigh, N.C. 27602 
(919) 716-6900 

 



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Results 
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Airbill Number : 808130594359 RR 

  

m Delivered To : Guard/Security sta 

m Delivery Location : WASHINGTON DC E- Service Info 

< Sabin m Delivery Date : 11/11 

Ende m Delivery Time : 09:00 

Home m Signed For By : D.TAYLOR 

m Status Exception : PMX 

m Scan Activity : 

O Arrived at Destination WASHINGTON DC 11/11 
07:20 

© Delivered WASHINGTON DC 11/11 09:00 

© Package on Van WASHINGTON DC 11/11 08:38 

© In Station Exception WASHINGTON DC 11/10 
14:31 

O Arrived at Destination WASHINGTON DC 11/10 
07:11 

© Package Left Hub NEWARK NJ 11/10 02:01 

© Left Origin Location RALEIGH NC 11/09 20:23 

© Picked up RALEIGH NC 11/09 18:04 

  

If fo have any ad about yous shipment, please send us 
11 Or contact ¢ GITOCL horvics, 
  

ATTACHMENT A 

http://www. i fo.x=78&Request+Tracking+Info.y=6 

11/13/98 14:56:07 

 



  

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Fed. usa Aibill 8608130594359 
  

[1] From (please print and press hard) i 
1202-83154 

Date ai i 1- 9-9 8 in Sender's FedEx Account Number 

Senders Fran Carraway (219) 716-6900 
Name ————— ———— 

Le ig Phone! ol —————— 

end ATTORNEY GENERALS OFFICE NC 

re 114 W EDENTON ST RM RAG 337 
  Dept/Floor/Suite/Room 

RALEIGH NC 27602 
City 

ash Oo Ste AP a e—— 

. Cromartie 98-85 
  

Your Internal Billing Reference Information 
(Optional) (First 24 characters will appear on invoice) 

  

EX 1 (please print and press hard) 

ecpen's My, William K. Suter 
ame 

rm - Proned. 202) 479 -3011 i 

Supreme Court of the United States, Clerk's Office 
Company eo Check here 

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Hold Weekda Hold Saturdny (Not available st al locations i EY Su oli 

[3 (Not available yay ] (Available for FedEx Ronit Overmight : Fl Saturday Delivery [] Li day b very 

FedEx First Overnight) snd FedEx 20ay only) Priority Overnight and Priority Overnight only) 

FedEx 20ay a 

Service Conditions, Declared Value, and Limit of Liability - By using this Airbill,  actuallossina timely manner. Your right to recover from us for any loss includes intrinsic 

you agree to tha service conditions in our current Service Guide or US. value of the package, loss of sales, interest, profit, attorney's lees, costs, and other forms 

Government Service Guide. Both are available on request. SEE BACK OF of damage, whether direct, incidantal, consequential, or special, and is limited to the 

SENDER'S COPY OF THIS AIRBILL FOR INFORMATION AND ADDITIONALTERMS. greater of $100 or the declared value but cannot exceed actual documented loss. The 

We will not be responsible for any claim in excess of $100 per package whether ~~ maximum declared value for any FedEx Letter and FedEx Pak is $500 Federal Express 

the result of loss, damage, or delay, non-delivery, misdelivery, or misinformation, may, upon your request, and with some limitations, refund all tansportation charges paid. 

unless you declare a higher value, pay an additional charge, and documentyour ~~ Sea the FedEx Servic Guida for further detnils 

Questions? 

Call 1:800-Go-FedEx® (800)463-3339 

(To "HOLD" at FedEx location, 
print FedEx address hare) 

ay Washington 

SPH13 
Sender's Copy wn 0210 

4a Express Package Service Packages under 150 Ibs. 

FedEx Priority Overnight FedEx Standard Overnight 
(Naxt businass moing) {Noxt business afternoon) 

[] FedEx First Overnight 
(Earhest next business moining delivery to select locations) (Ihghnar iatns apply) 

FedEx 2Day = FedEx Express Saver 
{Second business day) {Third business day) 

FedEx Lettar Rata not available Minimum charge: One pound rate 

  Delivery commitment may 
be later in some areas 

  

ET Express Freight Service Packages over 150 bs. Daten commiment my 
FedEx 2Day Freight FedEx Express Saver Freight 

FedEx Overnight Freight 3 
(Second business day) (Up to 3 business days) 

{Noxt business day) 

(Call for delivery schedule. See back for detailed descriptions of freight services.) 

  

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Declared value limit $500 

EX special Handling 

EX rackaging [] ek [ex [Je FedEx Other 

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*Dangarous Goods cannot ba shipped in FedEx packaging 

  

ki Payment 

oy X Sende! portman []nird Party []creditcard Yoo 

Section | will be billed) (Enter FedEx Account No. or Credit Card No. below) ical   

  

  

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Account No Breer #5 EE ae’ ee re wi mim vs war BE 

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Card No AE LR TNE Mt Date - 

Total Packages Total Weight Total Declared Value’ Total Charges 

$ 00 §$ 

  

* When declaring a value higher than $100 per shipment, you pay an additional charge. See SERVICE 

CONDITIONS, DECLARED VALUE, AND LIMIT OF LIABILITY section for further information 

  

  

8 | Release Signature Sign to authorize delivery without obtaining signature 

    

Your signature authorizes Federal Express to deliver this ship- 

ment without obtaining a signature and agrees to indemnity 

and hold harmless Federal Express from any resulting claims. 
+] Pa 1 WCSL 0798 

Rev Date 3/98 
Part #153023 

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Customer Relating Memphis 1 “852 

Delivery Code 46:34 

3875 Airwitys Boulevard, Yr Floar 

Memphis, TN 384E 

xX 

VIA FACSIMILE 

November 17, 1998 

Ms. Verna Wenz 

Attorney General's Office NC 
114 W. Edenton Street, Room G13 
Raleigh, NC 27603 

Fax #919-716-6763 

Dear Ms. Wenz: 

Your inquiry regarding your November 9 shipment to Mr. William K. Sutet in 

Washington, DC on package tracking number 808130594359 has been brought to my 

attention. 

We regret that your shipment was delayed due to severe weather conditions that occurred 

in Newark, NJ (the location of our package sorting facility), affecting deliveries in the 

Washington, DC area as well as in various other locations throughout the country. 

Delivery was completed as quickly as conditions permilted on November 11 at 9:00 am, 
and signed for by “D. Taylor.” 

We regret any difficulties this may have caused, and hope that this information is helpful. 

Sincerely, 

Auth Bol 
Margaret E. Boyle 
Customer Relations Department 

meb 

Kenny Smith. WASA/DC/20002 
Craig Cooley, DCAA/DC/20002 

ATTACHMENT C  



  

# 4 
No. 98-85 

  

In the 

Supreme Court of the United States 
October Term, 1998 
  

JAMES B. HUNT, JR., et al.. 
Appellants, 

and 

ALFRED SMALLWOOD, et al., 

Intervenor-appellants, 

V. 

MARTIN CROMARTIE, et al.. 

Appellees. 

  

CERTIFICATE OF SERVICE 

  

I, Edwin M. Speas, Jr., Chief Deputy Attorney General, a member of the bar of this Court 

and counsel of record for State appellants in this case, hereby certify that all parties required to be 

served the Motion for Leave to File Joint Appendix Out of Time have been served. Specifically, I 

have on this 19th day of November 1998, deposited one copy of this Motion in the United States 

mail, first-class postage prepaid, addressed as follows 

Robinson O. Everett 
Suite 300, 301 West Main Street 

Durham, NC 27702 

919-682-5691 
COUNSEL OF RECORD FOR APPELLEES 

 



  

4 

    

Todd Cox 
NAACP Legal Defense & Educational Fund, Inc. 
1444 1 Street NW 
Washington, DC 20005 
Telephone: (202) 682-1300 
COUNSEL OF RECORD FOR INTERVENOR-APPELLANTS 

Laughlin McDonald, Director 
American Civil Liberties Union Foundation 

Suite 202 
44 Forsyth Street, NW 
Atlanta, GA 30303 
404-523-2721 
ON BEHALF OF THE AMERICAN CIVIL LIBERTIES UNION FOUNDATION 

Richard Buery, Jr. 
Brennan Center for Justice 
NYU School of Law 
161 Avenue of the Americans, 5th Floor 

New York, NY 10013 
212-998-6730 
ON BEHALF OF THE BRENNAN CENTER FOR JUSTICE 

Heather Gerken 

Jenner & Block 
Suite 1200 
601 Thirteenth Street, NW 

Washington, DC 20005 
202-639-6000 
ON BEHALF OF DEMOCRATIC CONGRESSIONAL CAMPAIGN COMMITTEE AND OTHERS 

This the 19th day of November 1998. 

Sia 
RTS i 
  

Edwin M. Speas, Jr. 
Chief Deputy Attorney General