Discovery Order

    08/23/99 MON 14:15 FAX 919 967.4953 

  

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W FERGUSON ST 4 9198564160 P.A3/05 RIND JE AA 

  

IN THE UNITED STATES DISTRICT COURT 
FOR THE EASTERN DISTRICT OF NORTH CAROLINA 

EASTERN DIVISION FILED 
No. 4:96-CV-104-BO(3) Aue 2 31999 

MARTIN CROMARTIE, et al, ) ii W. DANEL CLERK r a: 
CTCOUR Plaintiffs, ) E. DIST. N. CAROLINA 

Vv. ) 

1 - ) JAMES B. HUNT, in his official capacity ) 
as Govemor of the State of North Carolina, ) ORDER 
et al., ) 

Defendants. ) 

) 
and ) 

) 
ALFRED SMALLWOOD, et al., ) 

Defendant-Intervenors. ) 

) 
  

This matter is before the Court on Plaintiffs’ Motion to Dissolve Stay, Schedule 

Discovery, and Expedite Trial. Defendants and Defendant-Intervenors join Plaintiffs’ Motion. 

The parties have also filed 2 Proposed Discovery Plan. Defendants have filed 2 Withdrawal of 

Motion to Consolidate this case with Daly v, Leake, No. 4:97-CV-750-BO(3). 

Proceedings before this Court in this matter have been stayed pending action by the 

United States Supreme Court, On May 17, 1999, the United States Supreme Court remanded 

this matter to this Court for trial. See Hunt v. Cromartie, 526 U.S. — » L19 8.Ct, 1545 (1999). 

The parties now seek the dissolution of this Court's stay of proceedings in this case. The 

parties also seek an expedited trial, and have filed a proposed discovery order. 

This Court's stay in this matter will be dissolved. This matter is set for trial at this Court's 

November 1, 1999 term, in Raleigh, North Carolina. Discovery in this case will proceed in 

accordance with the schedule described below. 

 



    

08/23/99 MON 14:15 FAX 919 967.4953 EIN i007 = FERGUSON . ST. » 9199564160  P.@d.05 Erne Orr 

The parties will complete discovery in this matter by October 4, 1999. The parties will 

be allowed until August 31, 1999, to join additional parties or amend pleadings. Plaintiffs may 

serve up to fifty interrogatories. Defendants and Defendant-Intervenors may serve up to fifty 

interrogatories, which shall be apportioned between Defendants and Defendant-Intervenors as 

they may agree and, absent agreement, divided equally. 

Plaintiffs may notice up to fifteen depositions of non-expert witnesses, and the 

Defendants, including Dethintistvanors, may notice up to fifteen depositions of non-expert 

witnesses, which shall be apportioned between Defendants and Defendant-Intervenors as they 

may agree and, absent agreement, divided equally. The parties must identify expert witnesses 

and serve their Rule 26 reports on or before September 10, 1999. The parties shall be allowed 

until September 22, 1999 to make a good faith effort to disclose the identity of all trial witnesses, 

together with a bricf statement of what a party proposes to establish through each witness’ 

testimony. 

All motions, except those relating to the admissibility of evidence at trial, are to be filed 

on or before October 18, 1999. The Court notes and accepts the stipulations agreed to by the 

parties in their Proposed Discovery Plan. Also, as outlined in the parties' Proposed Discovery 

Plan, reasonable access to the public terminal of the North Carolina General Assembly's 

redistricting computer system will be provided to counsel for Plaintiffs or their experts under the 

supervision of the Legislative Automated Services Division during regular business hours. 

Therefore, this Court hereby DISSOLVES its stay of proceedings in this case, 

SCHEDULES discovery as described above, and sets this case for trial before the undersigned 

panel during the Court's November 1, 1999 term in Raleigh, North Carolina. The Court will 

accept Defendants’ Withdrawal of Motion to Cansolidate this matter with Daly v. Leake, and will 

2 

 



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‘® 919856416 P.,a5/05 

FERGUSON STEIN 

- 

accordingly DENY Defendants' pending Motion to Consolidate. 

SO ORDERED. 

This ___ day of August, 1999. 

SAM J. ERVIN, III 
United States Circuit Judge 
TERRENCE W. BOYLE 
Chief United States District Judge 
RICHARD L. VOORHEES 

Chief United States District Judge 

By: \ Ps FSP L.; - 

TERRENCE W. BOYLE 
CHIEF UNITED STATES DISTRICT fUDGE 

  

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