Motion to Further Amend the Complaint

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Impact area
- Political Participation
Topic
- Redistricting
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 October 25, 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,

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.”

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

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Motion to Further Amend the Complaint

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Topic

Matter

Case

U.S. state

Collection

Taxonomy

Identifier

Cite this item

Copyright notice

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