Motion to Further Amend the Complaint
Public Court Documents
October 12, 1999

3 pages
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 14, 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, 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. N r ’ N r ’ N e ’ N e ’ 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