Motion to Further Amend the Complaint

3 pages

Document text

The following text has been generated automatically during the document scanning process. It may contain errors, omissions, or incorrect formatting. Please refer to the PDF document if this text is not usable.

Download

By downloading, publishing, or reusing the Materials outside of the Website, you hereby confirm and attest that you have read and agree to the LDF Archival Collection Terms of Use linked below. We draw your attention to the following:

For those Materials owned by LDF, your use of the Material outside the Site is solely for one or more of the following (the “Permitted Purposes”):

Non-commercial research and private study;
Teaching, scholarship and instruction (including distance learning);
Non-commercial print and non-commercial online use;
Criticism, comment or news reporting; or
For people with visual disabilities (See Section 121 of the Copyright Act).
For those Materials not owned by LDF you understand that:
- It is your responsibility to determine whether the way you plan to use the materials falls within the copyright exception of Fair Use.
- For any use outside of Fair Use, it is your responsibility to seek and obtain all required permissions from any existing rights holders.

LDF hereby grants you the right to use LDF owned Materials for the Permitted Purposes without seeking further permission from LDF.

If you publish or redistribute any Materials (including excerpts and quotes), you must include a credit line and/or proper citation to the source of the Material. However, you may not use the name of LDF in any manner which creates any false association between you and LDF or that incorrectly implies any sponsorship or endorsement of you by LDF.

NOTICE: Uses that do not comply with these Terms or that do not fall under Fair Use (or another exception) may make you liable for copyright infringement.

Read the full LDF Archival Collection Terms of Use Here.

I agree to the terms and conditions for use of this content.

If you would like to use this content in other ways, contact us at

Impact area
- Political Participation
Topic
- Redistricting
LDF Attorneys
Cooperating Attorneys
Organizations
Matter
- Cromartie v. Hunt (Daly v. Hunt)
Case
- Cromartie v. Hunt (Daly v. Hunt)
U.S. state
- North Carolina
Collection
- Case Files
Taxonomy
Identifier
- 6c59c50f-e40e-f011-9989-002248226c06

Cite this item

Case Files, Cromartie Hardbacks. Motion to Further Amend the Complaint, 1999. 6c59c50f-e40e-f011-9989-002248226c06. LDF Archives, Thurgood Marshall Institute. https://ldfrecollection.org/archives/archives-search/archives-item/389f4346-7db2-4a88-9f4f-3c396323ca92/motion-to-further-amend-the-complaint. Accessed May 18, 2025.

Copied!

ot we
IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF NORTH CAROLINA

EASTERN DIVISION

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

MARTIN CROMARTIE, et al.,

Plaintiffs,

JAMES B. HUNT, in his official capacity

as Governor of the State of North Carolina,

et al, MOTION TO FURTHER AMEND

State Defendants, THE COMPLAINT

and

ALFRED SMALLWOOD, et al.,

Defendant-Intervenors.

N
r
’

N
e
’

N
e

N
m
’

N
e
’

N
o

N
e

N
a

N
e

N
a

N
a
’

N
e
”

Pursuant to Rule 15 of the Federal Rules of Civil Procedure, Plaintiffs respectfully move

the Court with good cause for leave to further amend their Amended Complaint to conform to the

evidence. Plaintiffs respectfully move to delete from paragraph 32 the name “Linville” and add

thereto a paragraph 32A, as follows:

“32A: Plaintiff Linville is a registered voter in a precinct in southeastern Forsyth County

and this precinct, which is predominantly white, was included in the 12™ District in the 1992

Redistricting Plan enacted by the General Assembly but was transferred therefrom into the 50

District by the plan enacted by the General Assembly in March 1997; and this transfer of plaintiff

Linville and the other voters of his precinct out of the 12" District into a different district was

predominately motivated by race.”

o® w

Wherefor plaintiffs respectfully move that the Complaint be amended in this manner.

Fas Aa
Robinson O. Everett

Everett & Everett

N.C. State Bar No. 1385

Attorney for the Plaintiffs
P.O. Box 586

Durham, NC 27702

Telephone: (919)-682-5691

This the 12 day of October, 1999

Williams, Boger, Grady, Davis & Tuttle, P.A.

by:

Martin B. McGee

N.C. State Bar No. 22198

Attorney for the Plaintiffs
P.O. Box 810

Concord, NC 28026-0810

Telephone: (704)-782-1173

Douglas E. Markham

Texas State Bar No. 12986975

Attorney for the Plaintiffs

333 Clay Suite 4510
Post Office Box 130923

Houston, TX 77219-0923
Telephone: (713) 655-8700
Facsimile: (713) 655-8701

" "»
CERTIFICATE OF SERVICE

I certify that I have this day served the foregoing Motion to Amend the Complaint by

facsimile and United States Mail to the following addresses:

Ms. Tiare B. Smiley, Esq.

Special Deputy Attorney General

North Carolina Department of Justice

114 W. Edenton St., Rm 337

P.O. Box 629

Raleigh, NC 27602

Phone # (919) 716-6900

Mr. Adam Stein

Ferguson, Stein Wallas, Adkins, Gresham, Sumter, P.A.

312 W. Franklin St.

Chapel Hill, NC 27516

Phone # (919) 933-5300

In addition, I also certify that I have served the above by mail to the following address:

Mr. Todd A. Cox

NAACP Legal Defense & Educational Fund, Inc.

1444 Eye Street, NW 10" Floor

Washington, DC 20005

This the 12" day of October, 1999

fecberoom O. Curenlt
by: Le QA. PloybhorT

Robinson O. Everett 4

Attorney for the Plaintiffs

Copyright notice

This collection and the tools to navigate it (the “Collection”) are available to the public for general educational and research purposes, as well as to preserve and contextualize the history of the content and materials it contains (the “Materials”). Like other archival collections, such as those found in libraries, LDF owns the physical source Materials that have been digitized for the Collection; however, LDF does not own the underlying copyright or other rights in all items and there are limits on how you can use the Materials. By accessing and using the Material, you acknowledge your agreement to the Terms. If you do not agree, please do not use the Materials.

Additional info

To the extent that LDF includes information about the Materials’ origins or ownership or provides summaries or transcripts of original source Materials, LDF does not warrant or guarantee the accuracy of such information, transcripts or summaries, and shall not be responsible for any inaccuracies.

Motion to Further Amend the Complaint

Impact area

Topic

LDF Attorneys

Cooperating Attorneys

Organizations

Matter

Case

U.S. state

Collection

Taxonomy

Identifier

Cite this item

Copyright notice

Additional info

You may also be interested in