Answer to Plaintiffs' Third Discovery Notice
Public Court Documents
January 7, 1976

4 pages
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Case Files, Bolden v. Mobile Hardbacks and Appendices. Answer to Plaintiffs' Third Discovery Notice, 1976. 3d15ffb3-cdcd-ef11-8ee9-6045bddb7cb0. LDF Archives, Thurgood Marshall Institute. https://ldfrecollection.org/archives/archives-search/archives-item/6f9873d1-f3e7-4590-bfba-022dd863428c/answer-to-plaintiffs-third-discovery-notice. Accessed July 20, 2025.
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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. a 5 » 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 *® wh “ 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). hn # 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 \ of ii, , 1976, served a copy of the foregoing pleading 7 / / 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.