Responses of Judge Entz, Intervenor, to Plaintiffs' First Set of Interrogatories; Responses to Plaintiffs' First Requests for Production

    HUGHES & LUCE 
2800 MOMENTUM PLACE 

1717 MAIN STREET 

  

DALLAS, TEXAS 75201 1500 FIRST STATE BANK BUILDING 

400 WEST 15TH STREET 

(214) 239-5500 AUSTIN, TEXAS 78701 

TELECOPIER (214) 939-6100 (512) 482-6800 

TELEX 730836 TELECOPIER (512) 474-4258 

Direct Dial Number 

(214) 939-5577 

  

May 5, 1989 

CERTIFIED MAIL 
RETURN RECEIPT REQUESTED 
P-083-321-040 

nkelstein 
Texas Rural Legal Aid, Inc. 

Mary's, Suite 600 
San Antonio, Texas 78205 

   

  

   
Re: "LULAC, eti:al., v. Mattox, et al.’ 

In the United States District Court for the 

Western District of Texas Midland-Odessa Division 

No. MO-88-CA-154 

  

Dear Ms. Finkelstein: 

Enclosed please find the Responses of Honorable F. Harold 

Entz, Intervenor, to Plaintiffs' First Set of Interrogatories 

and to Plaintiffs' First Requests for Production of documents. 

  

BMR:phl 

Enclosures 

cc: All counsel of record 

 



  

IN THE UNITED STATES DISTRICT COURT 
FOR THE WESTERN DISTRICT OF TEXAS 

MIDLAND-ODESSA DIVISION 

LULAC COUNCIL NO. 4434, etal. § 

§ 
Plaintiffs, § 

§ CIVIL ACTION NO. 
Vv. § 

§  MO-88-CA-154 
JIM MATTOX, etal. § 

§ 
Defendants. § 

RESPONSES OF HONORABLE F. HAROLD ENTZ, INTERVENOR, 
TO PLAINTIFFS' FIRST SET OF INTERROGATORIES 
  

TO: LULAC, by and through its attorney of record, Susan 
Finkelstein, Texas Rural Legal Aid, Inc., 201 N. St. 
Mary's, Suite 600, San Antonio, Tx. 78205: 

INTERROGATORY NO. 1: 

Please identify by name, business and residential 

address, telephone number, place of employment and job title 

each of the persons known to you who has any knowledge 

regarding the facts that base any claim or defense that you 

plan to raise in this lawsuit. 

RESPONSE TO INTERROGATORY NO. 1: 

Judge FPF. Harold Entz ("Judge Entz") objects to this 

interrogatory in that it is unreasonably broad. 

Theoretically, every registered voter in Dallas County would 

have some knowledge regarding the relevant facts in this 

lawsuit. In fact, all district court judicial candidates in 

Dallas County from 1980 forward have some knowledge of 

relevant facts; also the various county and state offices that 

RESPONSES OF HONORABLE F. HAROLD ENTZ, INTERVENOR, 

TO PLAINTIFFS" FIRST SET OF INTERROGATORIES - Page 1 
  

 



  

keep voter registration and election statistics have some such 

knowledge. Subject to the above objection, Judge Entz will 

supplement this interrogatory with names of specific 

individuals who have the most knowledge of relevant facts and 

will also designate witnesses pursuant to any orders of the 

Court. 

INTERROGATORY NO. 2: 

Please identify by name, business and residential 

address, telephone number, place of employment and job title 

each of the expert witnesses who you expect to call to testify 

should this case go to trial and state the nature of the 

testimony that you expect each expert witness to give. 

RESPONSE TO INTERROGATORY NO. 2: 

Anthony Champagne, Professor of Political Economy and 

Government and Politics in the School of Social Sciences, 

University of Texas at Dallas, P. O. Box 830688, Richardson, 

Texas 75083, (214) 690-2927. 

Dr. Champagne will testify that voting for State District 

Judges in Dallas County is not racially polarized resulting in 

Blacks or Hispanics being denied equal access to elect 

candidates of their choice. He may testify with regard to 

other relevant factors under Section 2 and Judge Entz will 

supplement his answer at the appropriate time. At this point, 

Dr. Champagne is further expected to testify that there are 

important policy reasons for maintaining the current system 

for electing judges in Dallas County and that judicial 

RESPONSES OF HONORABLE F. HAROLD ENTZ, INTERVENOR, 

TO PLAINTIFFS' FIRST SET OF INTERROGATORIES - Page 2 
  

 



  

campaigns in Dallas County are not characteristically marked 

with overt and/or subtle racial appeals. 

Judge Entz also understands that the Attorney General may 

designate certain other experts who may testify with respect 

to Dallas County. 1f that is the. case, Judge Entz will 

supplement this interrogatory to identify such person if, 

indeed, he expects to call him/her as a witness when this case 

goes to trial. 

INTERROGATORY NO. 3: 

Please state the nature of any claim or defense that you 

intend to present at trial that does not arise out of facts 
  

that took place, will take place or take place in Dallas 

County. 

RESPONSE TO INTERROGATORY NO. 3: ea 

There are certain other legal claims that are set out in 

the pleadings. Except in statistics that might be gathered 

from sources outside Dallas County, and almanac or census-type 

data, Judge Entz can think of nothing else "outside" Dallas 

County. 

RESPONSES OF HONORABLE F. HAROLD ENTZ, INTERVENOR, 

TO PLAINTIFFS’ FIRST SET OF INTERROGATORIES - Page 3 
  

 



  

INTERROGATORY NO. 4: 

Please identify by year, type of election (general, 

Democratic/Republican primary, Democratic/Republican run off), 

candidate and type of office each election that you claim is 

relevant to your claims. 

RESPONSE TO INTERROGATORY NO. 4: 

Judge Entz has not yet determined completely the "most 

relevant" races, but he will supplement shortly in accordance 

with the Federal Rules of Civil Procedure. In general, most 

races from 1980 and after are relevant in one way or another. 

Respectfully submitted, 

et : > A 

2 [2 LL : A { (Bae 

Robert H. Mow, Jr. 
David C. Godbey 
Bobby M. Rubarts 
Esther R. Rosenblum 

  

of HUGHES & LUCE 

2800 Momentum Place 

1717 Main Street 

Dallas, Texas 75201 

214/939-5500 

ATTORNEYS FOR HONORABLE 
JUDGE F. HAROLD ENTZ, 
194th Judicial District Court 
Dallas County, Texas 

RESPONSES OF HONORABLE F. HAROLD ENTZ, INTERVENOR, 

TO PLAINTIFFS’ FIRST SET OF INTERROGATORIES - Page 4 
  

 



  

CERTIFICATE OF SERVICE 
  

1 hereby certify that a true and correct copy of the 

foregoing document was served on counsel of record on May 5, 

1988. 

  

RESPONSES OF HONORABLE F. HAROLD ENTZ, INTERVENOR, 

TO PLAINTIFFS® FIRST SET OF INTERROGATORIES - Page 5 
  

 



  

IN THE UNITED STATES DISTRICT COURT 
FOR THE WESTERN DISTRICT OF TEXAS 

MIDLAND-ODESSA DIVISION 

LULAC COUNCIL NO. 4434, etal. § 

S 
Plaintiffs, § 

§ CIVIL ACTION NO. 

v. § 
§ MO-88-CA-154 

JIM MATTOX, etal § 

S 
Defendants. § 

RESPONSES OF HONORABLE F. HAROLD ENTZ, INTERVENOR, 
TO PLAINTIFFS' FIRST REQUESTS FOR PRODUCTION 
  

TO: LULAC, "by and: through its attorney of record, Susan 
Finkelstein, Texas Rural Legal Aid, Inc. 201 N. St; 
Mary's Suite, Suite 600, San Antonio, Tx. 78205 

REQUEST NO. 1: 

Please provide copies of all documents prepared by an 

expert on your behalf in this case. 

RESPONSE TO REQUEST NO. 1: 

Judge F. Harold Entz ("Judge Entz") assumes that this 

request was intended to pertain to testifying experts as 

opposed to experts who will not testify or who or 

undiscoverable for other reasons. Therefore, Judge Entz will 

produce such documents when they are available. As yet, no 

such documents exist. To the extent, if any, that the request 

was intended to call for documents prepared by nontestifying 

and nondiscoverable experts, Judge Entz preserves his 

objection. 

RESPONSES OF HONORABLE F. HAROLD ENTZ, INTERVENOR, 
TO PLAINTIFFS' FIRST REQUESTS FOR PRODUCTION - Page 1 
  

 



  

REQUEST NO. 2: 

Please provide copies of all documents provided to an 

expert on your behalf in this case. 

RESPONSE TO REQUEST NO. 2: 

Judge Entz, as above, assumes that this request was 

intended properly to pertain only to testifying experts. 

Therefore, Judge Entz will produce such documents when they 

are available. As yet, no such documents exist. To the 

extent, if any, that the request was intended to call for 

documents provided to nontestifying and nondiscoverable 

experts, Judge Entz preserves his objection. 

Respectfully submitted, 

  

Robert HY Mbw, J Lis 
David C. Godbey 
Bobby M. Rubarts 
Esther R. Rosenblum 

of HUGHES & LUCE 

2800 Momentum Place 

1717 Main Street 
Dallas, Texas 75201 

214/939-5500 

ATTORNEYS FOR DALLAS 
COUNTY DISTRICT JUDGE 
F. HAROLD ENTZ 

RESPONSES OF HONORABLE F. HAROLD ENTZ, INTERVENOR, 

TO PLAINTIFFS' FIRST REQUESTS FOR PRODUCTION - Page 2 
  

 



  

CERTIFICATE OF SERVICE 
  

I hereby certify that a true and correct copy of the 

foregoing document was served on counsel of record on May 5, 

1989. 

  

52800010:53 

RESPONSES OF HONORABLE F. HAROLD ENTZ, INTERVENOR, 
TO PLAINTIFFS' FIRST REQUESTS FOR PRODUCTION - Page 3