Letter from Everett to Stein, Smiley and Cox RE: Baker Deposition

    EVERETT & EVERETT 
ATTORNEYS AND COUNSELORS AT LAW 

  

SUITE 300 
R.O. EVERETT (1878-1971) 301 W. MAIN STREET 
KATHRINE R. EVERETT (1893-1992) 
ROBINSON O. EVERETT P.O. BOX 586 
DAWN T. BATTISTE DurHAM, NORTH CAROLINA 27702 

TEL: (919) 682-5691 
FAX: (919) 682-5469   

OF COUNSEL 
ROBERT D. HOLLEMAN 

October 5, 1999 

VIA FACSIMILE AND U.S. MAIL 

Ms. Tiare B. Smiley 

Special Deputy Attorney General 

North Carolina Department of Justice 

Post Office Box 629 

Raleigh, North Carolina 27602-0629 

Mr. Adam Stein 

Ferguson, Stein, Wallas, Adkins, Gresham & Sumter, PA 

Suite 2, 312 W. Franklin St. 

Chapel Hill, NC 27516 

Mr. Todd Cox 

NAACP LDEF, Inc. 

1444 Eye St., NW 

Washington, DC 20005 

Re: Baker Deposition 

Dear Tiare, Adam, and Todd: 

Please have Mr. Don Baker bring the following materials to his deposition on Thursday, 

October 7, 1999. If a subpoena is necessary for Mr. Baker to comply with this request, please 

advise us and we will prepare the proper documents. 

1. A list of all of Congressman Watt’s campaign office locations for the 1992, 1994, 
1996, and 1998 primary and general elections, and also all the congressional offices he has kept in 
District 12 during his time in office. 

2. A list of all of Congressman Watt’s campaign county chairmen for the 1992, 1994, 

1996, and 1998 primary and general elections. 

3. A list of all newspapers that Congressman Watt’s campaigns have purchased political 

 



  

Ms. Tiare Smiley 

Oct. 3, 1999 

Page 2 

advertisements from in the 1992, 1994, 1996, and 1998 primary and general elections. 

4. A list of all radio and television stations that Congressman Watt’s campaigns have 

purchased political advertisements from in the 1992, 1994, 1996, and 1998 primary and general 

elections. 

5. A list of all endorsements by name of all persons making a public endorsement of 

Congressman Watt in the 1992, 1994, 1996, and 1998 primary and general elections. 

6. A copy of all campaign literature still in existence from the 1992, 1994, 1996, and 1998 

primary and general elections. 

7. A copy of all direct mail that Congressman Watt has sent out to over 500 persons in a 

single mailing in the 1992, 1994, 1996, and 1998 primary and general elections. 

In addition, we note that the draft of your response to Plaintiff's Interrogatories which you 

gave to us yesterday is missing the signatures of the parties responding to the Interrogatories. 

Under Rule 33(b)(1) of the Federal Rules of Civil Procedure, “each interrogatory shall be 

answered separately and fully in writing under oath, unless it is objected to.” Furthermore, under 

Rule 33(b)(2) of the Federal Rules of Civil Procedure, “the answers are to be signed by the person 

making them”. 

Moreover, Local Rule 23.03 of the U.S. District Court, E.D.N.C. mandates that “before 

serving the interrogatories containing the responses and objections, if any, the responding party 

shall attach thereto a cover sheet containing a statement (1) that each response separately and 

fully answers each interrogatory, except those to which objections are made, and (2) the capacity, 

if any, in which such respondent is acting, which statement shall be signed and verified by the 

respondent.” 

If there is some statute or rule that allows such responses to be signed by the Attorney 

General or a member of his staff for persons sued in their official capacity or for Mr. Cox to sign 

for the Defendant-Intervenors in their answer please advise us as soon as possible. 

 



  

Ms. Tiare Smiley 

October 5, 1999 
Page 3 

Thank you for your cooperation in this matter. 

Sincerely, 

/ — 

obinson O. Everett 

Attorney for Plaintiffs