Primary Prevention Strategies Handbook: Conceptual Outline Comment (Draft)
Public Court Documents
October 1, 1991

38 pages
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Case Files, Bolden v. Mobile Hardbacks and Appendices. Defendants' Response to Plaintiffs' "Amended Motion to Compel Defendants to Answer Interrogatories and Produce Documents", 1976. 9c5d1be5-cdcd-ef11-8ee9-6045bddb7cb0. LDF Archives, Thurgood Marshall Institute. https://ldfrecollection.org/archives/archives-search/archives-item/08a3ac7d-2226-4d66-b7f6-aa128b761ae8/defendants-response-to-plaintiffs-amended-motion-to-compel-defendants-to-answer-interrogatories-and-produce-documents. Accessed August 19, 2025.
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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ALABAMA SOUTHERN DIVISION WILEY L. .BOLDEN, et al., ) Plaintiffs, ) CIVIL ACTION VS. ) NO. 75-297-P CITY OF MOBILE, ‘et .al., ) Defendants. ) DEFENDANTS' RESPONSE TO PLAINTIFFS’ "AMENDED MOTION TO COMPEL DEFENDANTS TO ANSWER INTERROGATORIES AND PRODUCE DOCUMENTS" On to-wit, February 17, 1976, plaintiffs filed a document styled "Amended Motion to Compel Defendants to Answer Interrogatories and Produce Documents". In response thereto defendants say: 1. Defendants move the Court to strike paragraphs 3(a), 3(b) and 4 of such document because said paragraphs contain legal arguments which might be appropriate in a brief but are not properly inserted in a motion and be- cause such paragraphs contain unverified statements of fact, denied by defendants. 2. In paragraph 2 of said documents plaintiffs purport to deal with their interrogatory 4 and defendants’ answer thereto as filed on January 7, 1976. They omit from their recitation of the matters set forth in defen- dants' answer the fact that such answer expressly sets forth defendants' reliance upon Rule 33(c) (see "NOTE" on page 1 of said answer) and the introductory sentences of defendants' answer to their interrogatory 4 (see para- graph 3 of said answer). In any event, defendants fur- ther answer plaintiffs' interrogatory 4 as follows: (a) Insofar as defendants know, there is not in existence any record that sets forth the answer to any subparagraph of plaintiffs' interrogatory 4 (see paragraph 3 of defendants' prior answer), nor does any defendant, or any employee of any defendant, know the answer to any such subparagraph. (b) . subparagraphs 4(a), 4(b), 4(c), 4(4), 4(h) and 4(i) of interrogatory 4 relate to streets, gutters and curbs. The City of Mobile has records in the City Engineer's office, going back prior to 1965, which show the streets paved by the City from time to time, and identify when the paving was accomplished, the streets paved, and the location of the paving. The City has other records in such office going back prior to 1965 which show similar information with respect to the streets paved by subdividers and accepted for maintenance by the City. None of these records is broken down by wards. Defendants' counsel have had prepared, for use at the trial of this action, certain information as of about December 15, 1975, showing the miles of paved streets, the miles of unpaved streets, and the miles of streets paved since 1970, broken down by groups of wards (as distinguished from the wards separately) and such data includes the miles of gutters, paving and resurfacing. Defendants' counsel also have had prepared, for use at the trial of this action, a map showing the streets which have been paved by the City, the streets paved by subdividers, and resurfacing. (c) Subparagraphs 4(f) and 4(g) of ‘interroga- tory 4 relate to sewers. The City of Mobile has records showing certain sewer ventures where the bonds have been underwritten by the City and the remaining records with respect to sewers are maintained by the Board of Water & Sewer Commissioners, which is not a department of the City of Mobile. Defendants' counsel have had prepared, for use at the trial of this action, a map showing the location of sewer lines installed under City ventures and have secured from the Board of Water & Sewer Com- missioners another map showing all sewer lines. (d) Subparagraph 4(u) of interrogatory 4 relates to liquor and beer licenses. Plaintiffs have already secured a computer printout showing the establish- ments holding such licenses and the Court has orally ruled that plaintiffs are not entitled to make defendants de- liver to them at this time any exhibit which defendants’ counsel may have prepared from the same data. (e) Subparagraphs 4(y) and 4(z) of interroga- tory 4 relate to street lights. The City of Mobile's Electrical Department has records which show the number of lights of various wattage sizes that were in service anywhere in the City in 1959 and the same information as of November 1975. Defendants' counsel believe, although they may be mistaken, that they gave a copy of these records to counsel for plaintiffs and, if such has not been done, such records will be furnished when this matter is set for further hearing. Defendants' counsel have not had prepared any map or compilation of statistics as to street lights. (f) Subparagraph a(i) of interrogatory 4 (set out under subparagraph z thereof) relates to recreational facilities. The records of the City of Mobile with re- spect to the money expended for recreational facilities are not kept separately and the data is ascertainable only by going to several financial records. Defendants’ counsel have had prepared, for use at the trial of this action, a compilation of expenditures for recreational purposes going back to fiscal year 1971-1972. Defendants’ counsel also have had prepared, for such purpose, a schedule showing the location of the various recreational facilities and indicating the nature of the respective facilities and services provided and also have had Ores pared a map showing the location of the various recre- ational facilities. Se Defendants have set out above references to the various City of Mobile records from which, conceivably, the information called for by the specified subparagraphs Of interrogatory 4 might be ascertained. As previously stated by defendants, they are willing to make all such records available to plaintiffs. Defendants have also specified above the materials which this counsel have caused to be prepared, for possible use at the trial, with respect to streets, gutters, curbs, sewers and recreational facilities. Without waiving their contention that under Rule 33(c) and the work-product doctrine, the plaintiffs are not entitled to require the defendants at this time to disclose such materials, the defendants are willing to do so voluntarily, because in due course such materials will, in any event, be deliverable to the plaintiffs in connection with the exchange of exhibits required by the Court's Pretrial Order. Accordingly, defendants will produce such materials at the further hearing of this matter and be willing to have them copied by plaintiffs, at the expense of plaintiffs. WHEREFORE, defendants move the Court as set out in paragraph 1 hereof and further move the Court to enter an Order denying any legal right of the plaintiffs to re- ceive at this time any of the materials which, as set forth above, defendants' counsel have had prepared for use at the trial but reciting (if the Court deems such appropriate) that upon the hearing of this matter the defendants have voluntarily made such materials avail- able for examination and copying by plaintiffs. 4 rz / v ¥ 4 4 of / ~ , C.. B. Arendall, Jr. 30th Floor - First National Bank Building Mobile, Alabama 36602 Attorney for Defendants OF COUNSEL: HAND, ARENDALL, BEDSOLE, GREAVES & JOHNSTON / ( / / ( / / : ( S. R. Sheppard “ % Attorney for Defendants OF COUNSEL: LEGAL DEPARTMENT OF THE CITY OF MOBILE STATE OF ALABAMA) COUNTY OF MOBILE) Personally appeared before me, the undersigned authority in and for said County in said State, C. B. Arendall, Jr., known to me, who upon first being duly sworn by me, on oath deposes and says that the fore- going response is true and correct, to the best of his knowledge, information and belief. ~~ of * alas.” / ing vif 4 C. B. Arendaiyl, JT. Subscribed and sworn to before me this 19th 'day of February, 1976. - En 9 - AAE7 or) Wa, aK rea) Notary Public, Mobile County, Alabama CERTIFICATE OF SERVICE I do hereby certify that I have on this 19th day of February, 1976, served a copy of the foregoing response on Jack Greenberg, Esquire, James Blacksher, Esquire, and Edward R. Still, Esquire, counsel for plaintiffs by mail- ing a copy of same by United States mail, properly ad- dressed and first class postage prepaid. a s C. B., Arendall, dr /