Answer to Plaintiffs' Third Discovery Notice

    IN THE UNITED STATES DISTRICT COURT 
  

FOR THE SOUTHERN DISTRICT OF ALABAMA 
  

SOUTHERN DIVISION 
  

WILEY L. BOLDEN, et. al., CIVIL ACTION NO: 

Plaintiff, : 75-297 -P 
  

VS. 

CITY OF MOBILE, et. al., 

Defendants, 

ANSWER TO PLAINTIFFS 

THIRD DISCOVERY NOTICE 
  

For answer to ''Plaintiffs' Third Discovery Notice, 

defendants say: | 

NOTE: The answers to all of plaintiffs' interrogatories, 

to the extent reflected on available records, may be derived 

or ascertained from the business records hereinafter identi- 

fied, and the burden of deriving or ascertaining the answers 

is substantially the same for the plaintiffs as for the de- 

fendants. Accordingly, and pursuant to Rule 33(c), defendants 

will specify below the appropriate business records and will, 

upon request being made by plaintiffs' counsel to defendants’ 

counsel, afford to the plaintiffs or their counsel, reasonable 

opportunity to examine, audit or inspect all such records that 

are under the control of defendants and reasonable opportunity 

to make copies, compilations, abstracts or summaries thereof. 

 



  

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l. As to interrogatory 1: Business records in the 

office of the City Clerk as to current boards, etc; 

storage files in the Mobile Aerospace Complex as to non- 

current records. 

2. As to interrogatories 2 and 3: The City of Mobile 

does not maintain business records from which the answers 

to these interrogatories may be derived or ascertained. 

However, defendants are informed that, with respect to 

at least some of the years as to which inquiry is made, 

the desired information may be derived or ascertained from 

business records maintained by the Mobile County Personnel 

Board (which is not a department of the City of Mobile) and 

from reports made by that body to the United States; and 

that additional information may be derived or ascertained 

from proceedings had or reports filed in connection with 

two cases previously instituted in the United States 

District Court for the Southern District of Alabama, Southern 

Division, respectively styled Allen v. The City of Mobile, 
  

Civil Action No. 5409-69-P, and Anderson v. Mobile County 
  

Commission, et. al., Civil Action No. 7388-72-H. 
  

3. As to interrogatory 4: None of the information 

requested by this interrogatory is available, insofar as 

defendants know, from business records breaking down the 

information according to separate voting wards. In a number 

of instances, however, it would be possible for someone to 

take the information reflected on available business records 

and relate the same to the various voting wards. The business 

 



  

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records with respect to the various matters referred to in 

interrogatory 4 are as follows: 

(a) Business records in the City Engineer's 

office as to interrogatories 4a, 4b, 4c, 4d, 4h, 4i; 

(b) Business records in the City's Department 

of Public Works as to interrogatories 4e and 4r; 

(c) Business records of the Board of Water and 

Sewer Commissioners (which is not a department of the City 

of Mobile) as to interrogatories 4f and 4g; 

(d) Business records of the City's Fire depart- 

ment as to interrogatories 4j and 4k; 

(e) Business records of the City's Police Depart- 

ment as to interrogatories 41, 4m, 4n, 40; 

(£) Business records of the Mobile County Board 

of Health (which is not a department of the City of Mobile) 

as to interrogatories 4p and 4q; 

(g) Business records of the City's Inspection 

Services Department as to interrogatories 4s and 4t; 

(h) Business records of the City's Revenue Depart- 

ment as to interrogatories 4u and 4v; 

(i) Business records of the City's Humane Depart- 

ment as to interrogatory 4w; 

(j) Business records in the office of the City 

Clerk as to interrogatory 4x; 

(k) Business records of the City's Electrical 

Department as to interrogatories 4y and 4z; 

(1) Business records of the City's Recreation 

Department as to interrogatory a.(i). 

 



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4, To the extent, if any, that plaintiffs' interroga- 

tories are intended to call for data, extracted by defen- 

dants or their counsel, in anticipation of trial, from 

business records maintained by the City, defendants object 

pursuant to the provisions of Rule 26(b) (3) of the Federal 

Rules of Civil Procedure. 

// 
a ed . a WR / 

C.B. Arendall, Jr. 
30th Floor =~ First National Bank Building 
Mobile, Alabama 36602 

Attorney for Defendants 

  

OF COUNSEL: 

HAND, ARENDALL, BEDSOLE, 
GREAVES & JOHNSTON 

J /; 4 A 

"S.R. Sheppard <% 
Attorney for Defendants 

  

OF COUNSEL: 

LEGAL DEPARTMENT OF THE 
CITY OF MOBILE 

CERTIFICATE OF SERVICE 
  

I do hereby certify that I have on this 
  

oN 
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of ii, , 1976, served a copy of the foregoing pleading 
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on Jack Greenberg, Esquire, James Blacksher, Esquire, and 

Edward R. Still, Esquire, counsel for plaintiffs by mailing 

a copy of the same by United States mail, properly addressed 

and first class postage prepaid.