Defendant Wood's Motion for Leave to Shorten the Time for the Deposition Upon Written Questions of Richard Murray

    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, 

S 
S 
S 
S 
S 

Vv. i § NO. MO-88-CA-154 
S 

JIM MATTOX, Attorney General N 
Of the State of Texas, ET AL., S$ 

N 
§ Defendants. 

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 to 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: 

1. Ped. R, 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 is 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, resdirect) 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 

on oy Fy TT (Cres 
"T; Eugene Clements 
700 Louisiana, RES. sho 
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 
  

I hereby certify that on the [SHA 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 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 N. St. Mary's, Suite 600 
San Antonio, Texas 78205 

Mr. Julius Levonne Chambers 
Ms. Sherrilvn 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. 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 

Mr. Robert H. Mow, Jr. 
Hughes & Luce 
2800 Momentum Place 

1717 Main Street 

Dallas, Texas 75201 

J. (te, = 
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., S 

S 
Plaintiffs, § 

S ) 

V. § NO. MO-88-CA-154 
S 

JIM MATTOX, Attorney General S 
of the State of Texas, ET AL., § 

S 
Defendants. § 

ORDER 
  

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