Defendants’ Motion to Strike Plaintiffs’ Motion for a Preliminary Injunction

    UNITED STATES DISTRICT COURT 

EASTERN DISTRICT OF NORTH CAROLINA 

EASTERN DIVISION 

FILED 

FE3 1 0 1558 

DAVID Ww. DANIEL CLERK 

Civil Action No. 4-96-CV-104-BO(3) 

MARTIN CROMARTIE., THOMAS ) 

CHANDLER MUSE. and GLENNES ) U.S. DISTRICT COURT 

DODGE WEEKS. ) E DIST. NO. CAR. 

) 
Plaintiffs. ) 

) DEFENDANTS’ MOTION TO STRIKE 

Vv. ) PLAINTIFFS’ MOTION FOR A 

) PRELIMINARY INJUNCTION 

JAMES B. HUNT. JR., in his official ) 

capacity as Governor of the State of North ) 

Carolina, et al.. ) 

) 
Defendants. ) 

Defendants respectfully move the Court to strike plainuffs’ motion for a preliminary 

injunction for failure to comply with this Courts Local Rules. In support of this motion. the 

defendants show the Court: 

1. The first complaint in this motion was filed on July 3, 1996. From then until October 

17, 1997, all proceedings were stayed pursuant to orders entered by the Court with the consent of 

the parties. 

2. On October 17, 1997, plaintiffs filed their first amended complaint. In that amended 

complaint, plaintiffs challenge the States congressional districting plan enacted by the General 

Assembly on March 31, 1997. 

3 On January 30, 1998, three and one half months after they filed their amended 

complaint and two days before the close of the filing period for the 1998 congressional elections, 

plaintiffs filed a short motion asking the Court to issue a preliminary injunction “prohibiting 

 



  

congressional elections from taking place under the congressional redistricting plan enacted by the 

General Assembly in March 1997.” 

4. In direct violation of Local Rule 4.04. plaintiffs’ motion to enjoin the upcoming 

elections to Congress was not accompanied by any brief. affidavit or other supporting document. 

5 Defendants cannot reasonably respond to a motion for a preliminary injunction 

motion which is not accompanied by a brief or affidavits explaining the basis upon which plaintiffs 

seek such extraordinary relief. 

Wherefore. defendants respectfully request the Court to strike plaintiffs’ motion for a 

preliminary injunction. 

a 
This the } 0%, of February, 1998. 

MICHAEL F. EASLEY 

ATTORNEY GENERAL 

Edwin M. Speas, Jr. 

Senior Deputy Attorney General 

ML he 

Yet  £ K 
iare B. Smiley 

Special Deputy Attorney ay 

N. C. State Bar No. 7119 

Nees 2 Lonill 
Norma S. Harrell 

Special Deputy Attorney General 

N.C. State Bar No. 6634 

  

  

  

N.C. Department of Justice 

P.O. Box 629 
Raleigh, N.C. 27602 

(919) 716-6900 

 



CERTIFICATE OF SERVICE 

This is to certify that I have this day served a copy of the foregoing Defendants’ Motion to 

Strike Plaintiffs’ Motion for a Preliminary Injunction in the above captioned case upon all parties 

bv depositing these documents in the United States mail. first class mail. postage prepaid addressed 

as follows: 

Robinson O. Everett 

Suite 300 First Union Natl. Bank Bldg. 

301 W. Main Street 

P.O. Box 386 
Durham. NC 27702 

ATTORNEY FOR PLAINTIFFS 

Adam Stein 
Anita S. Hodgkiss 

Ferguson, Stein, Wallas, Adkins, 

Gresham & Sumter, P.A. 

312 West Franklin Street 

Chapel Hill, North Carolina 27516 

ATTORNEYS FOR APPLICANTS FOR INTERVENTION 

iare B. Smiley 

Special Deputy Attorney General 

This the /® day of February, 1998.