Amended Notice of Deposition and Subpoena Duces Tecum to Murray; Defendant Wood's Motion for Leave to Shorten Time; Order
Public Court Documents
August 18, 1989
21 pages
Cite this item
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Case Files, LULAC and Houston Lawyers Association v. Attorney General of Texas Hardbacks, Briefs, and Trial Transcript. Amended Notice of Deposition and Subpoena Duces Tecum to Murray; Defendant Wood's Motion for Leave to Shorten Time; Order, 1989. 0d38b23e-1d7c-f011-b4cc-6045bdd81421. LDF Archives, Thurgood Marshall Institute. https://ldfrecollection.org/archives/archives-search/archives-item/6b41dbb1-63af-4331-bc3c-982201b7eb2a/amended-notice-of-deposition-and-subpoena-duces-tecum-to-murray-defendant-woods-motion-for-leave-to-shorten-time-order. Accessed November 06, 2025.
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ATTORNEYS
A PARTNERSHIP INCLUDING
PROFESSIONAL CORPORATIONS
EVELYN V. KEYES
(713) 226-0611
PorTER & CLEMENTS
FIRST REPUBLICBANK CENTER
700 LOUISIANA, SUITE 3500
HOUSTON, TEXAS 77002-2730
TELEPHONE (713) 226-0600
TELECOPIER (713) 228-1331
TELECOPIER (713) 224-4835
TELEX 775-348
August 18, 1989
Clerk, U.S. District Court FEDERAL EXPRESS
200 E. Wall St., Buite 316
Midland, Texas 79702
Re:
Dear Sir:
No. MO88-CA-154; League of United Latin American
Citizens (LULAC), et al. v. James Mattox, Attorney
General of Texas, et al.; In the United States District
Court for the Western District of Texas, Midland-Odessa
Division
Enclosed for filing in the above-referenced case are the
following
(1)
(2)
(3)
Pleas
enveloped
documents:
Amended Notice of Deposition and Subpoena Duces Tecum
to Prof. Richard Murray;
Defendant Wood's Motion for Leave to Shorten the Time
for the Deposition Upon Written Questions of Richard
Murray; and
Order.
e return a file stamped copy of these documents in the
provided.
A copy of this filing is being mailed by Federal Express and
first class United States mail, postage prepaid, to all counsel
of record.
EVK/br
enclosures
Sincerely yours,
Evelyn V. Keyes
Clerk, UB.5. 'District Court
August 17, 1989
Page -2-
CC: Mr. William L. Garrett
Ms. Brenda Hall Thompson
Garrett, Thompson & Chang
Attorneys at Law
8300 Douglas, Suite 800
Dallas, Texas 75225
Mr. Rolando L. Rios
Southwest Voter Registration &
Education Project
201 ‘N. St. Mary's, Suite 521
San Antonio, Texas 78205
Ms. Susan Finkelstein
Texas Rural Legal Aid, Inc.
201 "NN. St. Mary's, Suite 500
San Antonio, Texas 78205
Mr. Julius Levonne Chambers
Ms. Sherrilyn A. Ifill
NAACP Legal Defense and Educational Fund, Inc.
99 Hudson Street, l6th Floor
New York, New York 10013
Ms. Gabrielle K. McDonald
Matthews & Branscomb
301 Congress Ave., Suite 2050
Austin, Texas 78701
Mr. Jim Mattox, Attorney General of Texas
Ms. Mary F. Keller, First Assistant Attorney General
Ms. Renea Hicks, Spec. Assistant Attorney General
Mr. Javier Guajardo, Spec. Assistant Attorney General
P. O. Box 12548
Capitol Station
Austin, Texas 78701
Mr. Fdward B. Cloutman, III
Mullinax, Wells, Baab & Cloutman, P.C.
3301 Elm Street
Dallas, Texas 75226-1637
Mr. E. Brice Cunningham
777 So. R.L. Thornton Freeway, Suite 121
Dallas, Texas 75203
Clerk, U.S. District Court
August 17, 1989
Page -3-
CC: Mr. Robert BH. Mow, Jr.
Hughes & Luce
2800 Momentum Place
1717 Main Street
Dallas, Texas 75201
THE UNITED STATES DISTRICT COURT
THE WESTERN DISTRICT OF TEXAS
MIDLAND-ODESSA DIVISION
LEAGUE OF UNITED LATIN AMERICAN
CITIZENS (LULAC), et al.,
Plaintiffs,
Vv. NO. MO-88-CA-154
JIM MATTOX, et al.,
Defendants.
AMENDED NOTICE OF DEPOSITION ON WRITTEN
QUESTIONS AND SUBPOENA DUCES TECUM
TO: Prof. Richard Murray, Department of Political Science,
University of Houston, Houston, Texas 77209-3474
Please take notice that, pursuant to Fed. R. Civ. P. 26, 31,
and 45, Defendant-Intervenor Harris County District Judge
Sharolyn Wood will take the deposition on written questions of
Richard Murray before an officer authorized to administer oaths
at such time and place as shall be designated by the court
reporter, Allied Court Reporters, Esperson Building, Houston,
Texas 77002, On or before, the time of the taking of his
deposition, the witness shall produce for inspection and copying
by Defendant Wood or her counsel the documents designated in
Exhibit 1 attached hereto and shall answer the questions.
Parties are invited to submit cross questions pursuant to Fed. R.
Civ. PP. 31ta).
DEFINITION OF DOCUMENTS
The term "document" means every writing or record of any
type and description that is in your possession, control, or
custody, including without limitation, checks, correspondence,
memoranda, stenographic or handwritten notes, drafts, accounts,
voice recordings, reports, statistical compilations, work papers,
data processing cards, computer tapes or printouts, or any other
writing ‘or recordings of any kind. The term "document" also
includes every copy of a writing or record which contains any
commentary or notation of any kind which does not appear on the
original or any other copy. A document is deemed to be within
your "control" if you have ownership, possession, or custody of
the document or a copy thereof, or the right to secure the
document or a copy thereof from any other person or public or
private entity having physical possession thereof.
Direct questions to be propounded to the witness are:
1. State your name, address and occupation.
2. | State‘whether or not ‘you. have in your custody or
subject to your control any and all documents as
defined in Exhibit 1 attached hereto.
3. Hand to the notary public taking this deposition the
originals of all such documents.
4. State whether or not the records you have furnished to
the notary public in response to the foregoing question
are a complete and accurate copy of the documents in
your possession pertaining to the above mentioned
request categories.
5. State whether or not the records you have furnished to
the notary public in response to Interrogatory No. 3
were kept in your regular course of business.
State whether or not it was in your regular course of
business for you or one of your employees with personal
knowledge of the acts recorded to make these records or
to transmit the information which is included in this
record.
State whether or not the records you have furnished to
the notary public in response to the foregoing
inquiries were made at or near the time of the acts
which are recorded, or reasonably soon thereafter.
State your occupation, giving title, institution, and
length of time you have held that position.
Describe your preparation for the professional position
you currently hold. Include your academic and honorary
degrees; your principal fields of study; your
membership and any offices you have held in any
honorary and professional societies; all previous
professional positions you have held; all courses you
have taught that are related to demographics or
politics; all of your publications ‘in the fields of
demographics and politics, with a brief description of
their contents; all of your academic, professional, and
political honors; and all employment you have had in
the fields of politics or demographics, including all
special projects you have been employed to undertake.
Describe all affiliations you have had of any type with
any political party.
Describe. all affiliations you have had with any
minority or civil rights group and all commissions or
employment you have received regarding minority
political interests or civil rights.
Have ever been employed to testify as an expert in
court; and, if so how many times have you so testified,
what subjects did you testify about, and for whom did
you testify?
Have you ever been employed as a political consultant
in a judicial race?
If so, who employed you and for which race(s) in which
year(s)?
State whether or not you are producing each of the
following documents:
(1) Untitled report "in four parts" marked Murray
Exhibit "1";
16,
18,
19.
20.
(2) "Election Prospectus for the Houston Area
Appellate Courts, November, 1982," marked Murray
Exhibit "2%;
{3) "Judicial Courts in Harris County, 1982," marked
Murray Exhibit "3":
(4) "Judicial Elections in Harris County: A Review of
the Judges Committee Compaign Effort," marked
Murray Exhibit "4";
(5) "Partisan Judicial Elections in Harris County,
Texas," marked Murray Exhibit "5"; and
(6) "The Selection of Judges in Texas" marked Murray
Exhibit "6".
State whether or not your answers to questions 1
through 7 are affirmative for each of the documents
marked Murray Exhibit 1 through Murray Exhibit 6 and,
if not, why not.
Have the court reporter mark as exhibits each of the
documents you have produced other than Murray Exhibits
1 through 6.
Identify each of the documents marked as exhibits by
the court reporter in response to question number 17.
State whether or not your answers to dguestions 1
through 7 are affirmative for each of the documents
marked as exhibits in response to questions 17 and 18;
and ‘if not, why not.
Please answer each of the following subquestions with
respect to Murray Exhibit 1:
(a) are you the author of the document identified in
this question?
(b) for whom was the document prepared?
(c) for what purpose was the document prepared?
(d) what topics does the document address?
(e) are those topics ordinarily addressed by persons
in your profession?
(f) what inferences, conclusions and opinions did you
draw in the document?
21,
22.
(h)
(1)
(3)
on what facts, data, or opinions did you base
those inferences, conclusions, and opinions?
are the facts, data, or opinions on which you
relied in drawing your inferences or conclusions
and forming your opinions of a type reasonably
relied on by persons in your profession?
in your opinion are the conclusions and inferences
you drew and the opinions you formed correct?
what is the basis for your answer to the preceding
subquestion, 20(1i)?
Please answer each of the following subgquestions with
respect to Murray Exhibit 2:
(a)
(h)
(i)
(3)
are you the author of the document identified in
this question?
for whom was the document prepared?
for what purpose was the document prepared?
what topics does the document address?
are those topics ordinarily addressed by persons
in your profession?
what inferences, conclusions and opinions did you
draw in the document?
on what facts, data, or opinions. 4id you Dbase
those inferences, conclusions, and opinions?
are the facts, data, or opinions on. which you
relied in drawing your inferences or conclusions
and forming your opinions of a type reasonably
relied on by persons in your profession?
in your opinion are the conclusions and inferences
you drew and the opinions you formed correct?
what is the basis for your answer to the preceding
subquestion, 21(i)?
Please answer each of the following subgquestions with
respect to Murray Exhibit 3:
(a) are you the author of the document identified in
this question?
23.
(1)
(3)
for whom was the document prepared?
for what purpose was the document prepared?
what topics does the document address?
are those topics ordinarily addressed by persons
in your profession?
what inferences, conclusions and opinions did you
draw in the document?
on what facts, data, or opinions did you base
those inferences, conclusions, and opinions?
are the facts, data, or opinions on which you
relied in drawing your inferences or conclusions
and forming your opinions of a type reasonably
relied on by persons in your profession?
in your opinion are the conclusions and inferences
you drew and the opinions you formed correct?
what is the basis for your answer to the preceding
subquestion, 22(1i)?
Please answer each of the following subquestions with
respect to Murray Exhibit 4:
(a)
(£)
are you the author of the document identified in
this question?
for whom was the document prepared?
for what purpose was the document prepared?
what topics does the document address?
are those topics ordinarily addressed by persons
in your profession?
what inferences, conclusions and opinions did you
draw in the document?
on what facts, data, or opinions d4id8 you base
those inferences, conclusions, and opinions?
are the facts, data, or opinions on which you
relied in drawing your inferences or conclusions
and forming your opinions of a type reasonably
relied on by persons in your profession?
24.
25,
(1)
(3)
in your opinion are the conclusions and inferences
you draw drew and the opinion you formed correct?
what is the basis for your answer to the preceding
subquestion, 23(i)?
Please answer each of the following subgquestions with
respect to Murray Exhibit 5:
(a)
(£)
(h)
(1)
(3)
are you the author of the document identified in
this question?
for whom was the document prepared?
for what purpose was the document prepared?
what topics does the document address?
are those topics ordinarily addressed by persons
in your profession?
what inferences, conclusions and opinions d
id you
draw in the document?
on what facts, data, or opinions did you base
those inferences, conclusions, and opinions?
are the facts, data, or opinions on which you
relied in drawing your inferences or conclusions
and forming your opinions of a type reasonably
relied on by persons in your profession?
in your opinion are the conclusions and inferences
you drew and the opinions you formed correct?
what is the basis for your answer to the preceding
subquestion, 24(i)?
Please answer each of the following subquestions with
respect to Murray Exhibit 6:
(a)
(b)
{c)
(d)
are you the author of the document identified in
this question?
for whom was the document prepared?
for what purpose was the document prepared?
what topics does the document address?
26.
(e)
(£)
(g)
(3)
are those topics ordinarily addressed by persons
in your profession?
what inferences, conclusions and opinions did you
draw in the document?
on what facts, data, or opinions did you base
those inferences, conclusions, and opinions?
are the facts, data, or opinions on which you
relied in drawing your inferences or conclusions
and forming your opinions of a type reasonably
relied on by persons in your profession?
in your opinion are the conclusions and inferences
you drew and the opinions you formed correct?
what is the basis for your answer to the preceding
subquestion, 25(i)?
Please answer each of the following subquestions with
respect to Murray Exhibit 7:
(a)
(£)
(h)
(1)
are you the author of the document identified in
this question?
for whom was the document prepared?
for what purpose was the document prepared?
what topics does the document address?
are those topics ordinarily addressed by persons
in your profession?
what inferences, conclusions and opinions did you
draw in the document?
on what facts, data, Or opinions did you base
those inferences, conclusions, and opinions?
are the facts, data, or opinions on which you
relied in drawing your inferences or conclusions
and forming your opinions of a type reasonably
relied on by persons in your profession?
in your opinion are the conclusions and inferences
you drew and the opinions you formed correct?
(j) what is the bases for your answer to the preceding
subquestion, 26(1i)?
(lernards
l TI | por rs
J. Eugene (lementk
Attorney in Charge for Pafenitont
Harris County District Judge
Sharolyn Wood
700 Louisiana, Suite 3500
Houston, Texas 77002-2730
(713) 226-0600
OF COUNSEL:
PORTER & CLEMENTS
John E. O'Neill
Evelyn V. Keyes
700 Louisiana, Suite 3500
Houston, Texas 77002-2730
(713) 226-0600
CERTIFICATE OF SERVICE
I hereby certify that on the {Hh aay Of ‘August, 1989, a
true and correct copy of the above and foregoing Amended Notice
of Deposition on Written Questions and Subpoena Duces Tecum was
served upon counsel of record in this case by first class United
States mail, postage prepaid, addressed as follows:
William L. Garrett, Esq.
Brenda Hall Thompson, Esq.
Garrett, Thompson & Chang
Attorneys at Law
8300 Douglas, Suite 800
Dallas, Texas 75225
Rolando L. Rios, Esq.
Southwest Voter Registration &
Education Project
201 N. St. Mary's, Suite 221
San Antonio, Texas 78205
Susan Finkelstein, Esq.
Texas Rural Legal Aid, Inc.
201 N. St. Mary's, Suite 600
San Antonio, Texas 78205
Julius Levonne Chambers, Esq.
Sherrilyn A. Ifill, Bsqg.
NAACP Legal Defense and Educational Fund, Inc.
99 Hudson Street
16th Floor
New York, New York 10013
Gabrielle K. McDonald, Esq.
Matthews & Branscomb
301 Congress, Avenue
Suite 2050
Austin, Texas 78701
Jim Mattox, Attorney General of Texas
Mary F. Keller, First Assistant Attorney General
Renea Hicks, Spec. Assistant Attorney General
Javier Guajardo, Spec. Assistant Attorney General
P. O. Box 12548
Capitol Station
Austin, Texas 78701
Edward B. Cloutman, III, Esq.
Mullinax, Wells, Baab & Cloutman, P.C.
3301 Elm Street
Dallas, Texas 75226-1637
E. Brice Cunningham, Esq.
777 So. R.L. Thornton Freeway
Suite 121
Dallas, Texas 75203
Robert H. Mow, Jr.
Hughes & Luce
2800 Momentum Place
1717 Main Street
Dallas, Texas 75201
bore, V Key a
Evelyn V. Keyes /
WO001/23/cdf
The
produced:
1.
2.
EXHIBIT 1
DOCUMENTS, FILES AND THINGS TO
BE PRODUCED BY RICHARD MURRAY
following documents, files and things are to be
All documents ‘relating to the 1986 campaign for
judicial positions in Harris County, Texas.
All documents prepared for the Judges Committee
including, but not limited to, reports generated
pre-campaign, during the campaign, and post-campaign in
1986-1987.
All documents relating to the role of race and/or
ethnic background in Harris County primary and general
elections for judicial office since 1980.
All documents provided since January 1, 1984, to any of
the following regarding elections or election returns,
voting districts, or demographics that relate in any
way to racial or minority language (a) discrimination
and/or (b) voting patterns and results in Harris
County.
League of United Latin American Citizens ("LULAC")
LULAC Council No. 4434
LULAC Council No. 4451
Aguilla Watson
Christina Moreno
Matthew W. Plummer
Houston Lawyers' Association
Alice Bonner
Weldon Berry
Francis Williams
Rev. William Lawson
Deloyd T. Parker
Bennie McGinty
Jesse Oliver
Fred Tinsley
Joan Winn White
Legislative Black Caucus
Larry Evans
Albert Price
Harold Dutton Jr.
Senfronia Thompson
Fred Blair
Karyne Conley
Wilhelmina Delco
Al Edwards
Samuel Hudson
Eddie Bernice Johnson
Jerald Larry
Garfield Thompson
Sylvester Turner
Craig Washington
Ron Wilson
Algenita Scott Davis
Benjamin Pigott
Peggy Foreman
McKen Carrington
Willie Rhodes
The Judges Committee
Gabrielle K. McDonald
Southwest Voter Registration &
Education Project
Texas Rural Legal Aid, Inc.
NAACP Legal Defense and Educational Fund, Inc.
5 The witness’ resume, including academic degrees,
publications, professional honors, and professional
employment.
IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF TEXAS
MIDLAND-ODESSA DIVISION
LEAGUE OF UNITED LATIN AMERICAN
CITIZENS (LULAC), ET AlL.,
Plaintiffs,
JIM MATTOX, Attorney General
of the State of Texas, ET AlL.,
Defendants.
S
S
$
S
S
V. § NO. MO-88-CA-154
S
S
S
S
S
DEFENDANT WOOD'S MOTION FOR LEAVE
TO SHORTEN THE TIME FOR THE DEPOSITION
UPON WRITTEN QUESTIONS OF RICHARD MURRAY
TO THE HONORABLE UNITED STATES DISTRICT JUDGE:
COMES NOW Harris County District Judge Sharolyn Wood
(Defendant "Wood") and, pursuant +to0 Federal Rule of Civil
Procedure 31(a), files this Motion for Leave to Shorten the Time
for ‘the Deposition of Richard Murray, and in support thereof
would respectfully show the Court the following:
Civ. P. 31 permits a party to serve cross-
questions upon all other parties within thirty (30) days after a
notice of deposition on written questions is served. The Rule
also permits re-direct questions to be served upon all other
parties within ten (10) days after being served with. cross-
questions. The Rule further permits a party that has been served
with re-direct questions to serve re-cross questions upon all
other parties within ten (10) more days. The Rule permits the
Court to shorten the time for the service of cross-questions,
re-direct questions, and re-cross questions for cause shown.
2... ‘The trial of this cause is set for September 18, 1989,
The discovery cut-off date is September 4, 1989. Defendant Wood
has shown due diligence in pursuing all avenues of discovery in
this case, as shown by her numerous filings with the Court. Two
prior efforts to depose Dr. Murray have been postponed for the
convenience of other counsel. Because of the approaching
discovery cut-off date and trial date in this cause, it ls not
possible for Defendant Wood to meet the deadlines for cross-
questions, re-direct questions, and re-cross questions in regard
to the above-referenced deposition on written questions in the
short time remaining to her.
3. Counsel for Defendant Wood requests that all counsel
inform her on Monday, August 21, whether or not they agree to
shorten the time for cross-questions, re-direct, and re-cross
quetions regarding the Deposition on Written Questions of Richard
Murray as set forth in this Motion so that she may inform the
Court whether an agreement can be reached. Counsel for Defendant
Wood certifies that by virtue of the service of this Motion on
all parties she has made a good faith effort to reach agreement
in the most expedient manner available to her -- particularly in
light of the absence of Ms. McDonald and Ms. Ifill from their
offices.
WHEREFORE Defendant Wood requests that, in regard to the
deposition on written questions of Richard Murray, the Court
shorten the time for serving cross-questions to ten (10) days,
that it shorten the time for serving re-direct questions to five
(5) days, and that it shorten the time for serving re-cross
questions to three (3) days.
Respectfully submitted,
PORTER & CLEMENTS
By: WwW) JHA ore
J. Eugene Clements / /
700 Louisiana, Suite 3500
Houston, Texas 77002-2730
{713) 226-0600
ATTORNEYS FOR HARRIS COUNTY
DISTRICT JUDGE SHAROLYN WOOD
OF COUNSEL:
PORTER & CLEMENTS
John E. O'Neill
Evelyn V. Keyes
700 Louisiana, Suite 3500
Houston, Texas 77002-2730
(713) 226-0600
Michael J. Wood
Attorney at Law
440 Louisiana, Suite 200
Houston, Texas 77002
(713) 228-5105
CERTIFICATE OF SERVICE
1 hereby certify that on the JSR aay of August, 1989, a
true and correct copy of the above and foregoing Defendant Wood's
Motion for Leave to Shorten the Time for the Deposition Upon
Written Questions of Richard Murray was served upon counsel of
record in this case by Federal Express or first class United
States mail, postage prepaid, addressed as follows:
Mr. William L. Garrett
Ms. Brenda Hall Thompson
Garrett, Thompson & Chang
Attorneys at Law
8300 Douglas, Suite 800
Dallas, Texas 75225
Mr. Rolando Ll. Rios
Southwest Voter Registration &
Education Project
201 N. St. Mary's, Suite 521
San Antonio, Texas 78205
Ms. Susan Finkelstein
Texas Rural Legal Aid, Inc.
201 N. St. Mary's, Suite 600
San Antonio, Texas 78205
Mr. Julius Levonne Chambers
Ms, Sherrilyn A. Ifill
NAACP Legal Defense and Educational Fund, Inc.
99 Hudson Street
16th Floor
New York, New York 10013
Ms. Gabrielle K. McDonald
Matthews & Branscomb
301 Congress Ave., Suite 2050
Austin, Texas 78701
Mr. Jim Mattox, Attorney General of Texas
Ms. Mary F. Keller, First Assistant Attorney General
Ms. Renea Hicks, Spec. Assistant Attorney General
Mr. Javier Guajardo, Spec. Assistant Attorney General
P. O. Box 12548
Capitol Station
Austin, Texas 78701
Mr. Edward B. Cloutman, III
Mullinax, Wells, Baab & Cloutman, P.C.
3301 Elm Street
Dallas, Texas 75226-1637
Mr. E. Brice Cunningham
777 So. R.L. Thornton Freeway
Suite 121
Dallas, Texas 75203
Myr. Robert H. Mow, Jr.
Hughes & Luce
2800 Momentum Place
1717 Main Street
Dallas, Texas 75201
i - V. le, Mig
Evelyn V. Keyes
WO003/06/cdf
IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF TEXAS
MIDLAND-ODESSA DIVISION
LEAGUE OF UNITED LATIN AMERICAN
CITIZENS (LULAC), ET AL.,
Plaintiffs,
JIM MATTOX, Attorney General
S
S
S
S
S
V. § NO. MO-88-CA-154
S
S
of the State of Texas, ET AL., §
S
S Defendants.
Came on for consideration Defendant Wood's Motion for Leave
to Shorten the Time for the Deposition Upon Written Questions of
Richard Murray; and the Court, having reviewed the Motion, is of
the opinion that it should be GRANTED. Accordingly,
It is ORDERED that the time for serving cross-questions
regarding the Deposition on Written Questions of Richard Murray
be shortened to ten (10) days after service of the Deposition;
that the time for serving re-direct questions be shortened to
five (5) days; and that the time for serving re-cross questions
be shortened to three (3) days.
SIGNED and ENTERED this day of August, 1989.
LUCIUS D. BUNTON, Chief Judge
WO003/06