Motion to Further Amend the Complaint

Public Court Documents
October 12, 1999

Motion to Further Amend the Complaint preview

3 pages

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  • 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 14, 2025.

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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, 

V, 

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. 

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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.”  



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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

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