Harrison v. NAACP Brief and Appendix on Behalf of Appellants

    a. ® Dy 

IN THE UNITED STATES DISTRICT COURT 9 | $0 
FOR THE EASTERN DISTRICT OF NORTH CAROLINA 

EASTERN DIVISION 

Civil Action No. 4:96-CV-104-BO(3) 

MARTIN CROMARTIE, et al., 

Plaintiffs, 

V. 

JAMES B. HUNT, in his official capacity 

as Governor of the State of North Carolina, 

et al, 

PLAINTIFFS' FIRST SET OF 

INTERROGATORIES TO 

State Defendants, DEFENDANT-INTERVENORS 

and 

ALFRED SMALLWOOD, et al., 

Defendant-Intervenors. 

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TO: DEFENDANT-INTERVENORS: ALFRED SMALLWOOD, DAVID MOORE, 

WILLIAM M. HODGES, ROBERT L. DAVIS, JR., JAN VALDER, BARNEY 

OFFERMAN, VIRGINIA NEWELL, CHARLES LAMBETH, GEORGE SIMKINS 

Pursuant to Rule 33 of the Federal Rules of Civil Procedure and this court's order on Aug. 

23, 1999 dissolving its stay of proceedings and scheduling discovery, Plaintiffs propound the 

following interrogatories to the Defendant-Intervenors to be answered under oath, in writing, 

within thirty (30) days from the date of service. These interrogatories are continuing in nature to 

the extent required by Rule 26(e) of the Federal Rules of Civil Procedure. 

INSTRUCTIONS: 

1. When an interrogatory answer relates to an oral communication, state whether or not 

the oral communication was by telephone or face-to-face, state the names, present addresses, 

business or governmental positions, and occupations of all parties involved in that communication  



and the names and addresses of any other persons present when that communication took place. 

2. You are required to furnish all information in the possession of the defendants and all 

information available to them. This includes all knowledge available to each defendant, their 

attorney, their employees, and/or officers and agents, by reason of inquiry, including inquiry of 

their representatives. 

3. Please describe any and all documents relied upon or referred to in preparation for or in 

answering each and every interrogatory. 

4. Whenever in these interrogatories information is requested which was previously fully 

and completely furnished in answer to another interrogatory, such information need not be 

restated, and it will suffice to identify the previous answer containing the information requested. 

5. Each interrogatory should be construed independently and not by reference to any 

other interrogatory herein for purposes of limitation. 

6. In the event the space provided for answering an interrogatory is not sufficient, please 

complete the answer on a separate piece of paper and attach it to these interrogatories. 

7. In the event that you refer to or incorporate other documents in order to answer any 

interrogatory, such as the 1997 Congressional Plan Voting Rights Act submission for 

preclearance to the Justice Department or depositions and affidavits of witnesses, you must give a 

specific reference to the page or pages contained therein which you contend provide substantive 

information with regard to the interrogatory. 

  

DEFINITIONS: 
  

The following words have the following meanings: 

(A) "Document" or "documents" refers to all items subject to discovery under Rule 34 of the 

Federal Rules of Civil Procedure, including, but not limited to, any written or recorded material of 

any kind, including the originals and all non-identical copies, whether different from the originals 

by reason of any notation made on such copies or otherwise; notations of any sort of 

conversations, telephone calls, meetings (minutes or records of meetings) or other 

communications of any nature; studies; letters; notes and correspondence; memoranda reports, 

tests and/or analyses; publications, reports and/or summaries of interviews and reports and/or 

summaries of investigation; opinions or records of consultants, circulars and trade letters; drafts of 

any document, and revisions of drafts of any documents; charts and all graphic or oral records or 

representations of any kind; mechanical or electronic records or representations of any kind 

including tapes, cassettes, disks, or records; and computer tapes, cassettes, disks or records. 

If you consider any document called for in these interrogatories to be privileged from 

production, then you must include in your response a list of documents withheld from production, 

identifying each document by date, addressee, author, title and subject matter. In addition, you 

should identify those persons who have seen the document or who were sent copies. Finally, you 

should state the ground(s) upon which each such document is considered privileged. 

(B) "Identify" or identity as used with respect to a person means to state the person's full name 

and present addresses and his present or last known employment position and business affiliation 

if a natural person, and corporate or other status and address if not a natural person. 

 



"Identify" or "identity" when used in reference to a document means to state the following as to 
each document: i 

. Its nature and contents; 

b. Its date; 

c. The date it was executed if different from the date it bears; 

d. The name, address and position of its author or signer; 

e. The name, address and position of its addressee, if any; 

f. Its present location and the name, present address and position of the person or 

persons having present custody; and 

. Whether it has been destroyed, and if so, with regard to such destruction; 
(1) the date of destruction; 

(ii) the reason for destruction; and 

(iii) the identity of the person who destroyed the document. 

(C) "Describe" means to provide a comprehensive, full, frank, fair, complete, accurate and 

detailed description of the matter inquired of. 
(D) "Date" shall mean the exact day, month and year, if known to Defendants, or if the exact date 

is unknown, the best available approximation. 

(E) "You" or "your" shall mean the party to whom these interrogatories are addressed and his 

representatives, attorneys, experts, investigators, insurers, consultants, or anyone acting on behalf 

of the foregoing. 
(F) "Person" shall include any individual, sole proprietorship, partnership, corporation or 

association. 
(G) The male gender includes the female gender and the singular noun or pronoun includes the 

plural. 
(H) "1997 Plan" refers to the Congressional redistricting plan enacted by House Bill 586 as 

amended on the floor of the House and subsequently approved on March 26, 1997 and passed by 

the Senate of the North Carolina General Assembly on March 27, 1997. 

(I) "1992 Plan" refers to the Congressional redistricting plan enacted by House Bill 3 approved 

by the House on January 23, 1992 and the Senate of the North Carolina General Assembly on 

January 24, 1992. 
(J) "1998 plan" refers to the Congressional redistricting plan enacted by House Bill 1384, 

approved by the North Carolina General Assembly on May 21, 1998. 

(K) "Members or employees of the North Carolina General Assembly significantly involved in the 

drafting of the 1997 plan" specifically includes Senator Cooper, Representative McMahan, Mr. 

Gerry Cohen, and Mr. Linwood Jones. It also includes any other member or employee of the 

North Carolina General Assembly who made a material contribution to the creation or alteration 

of any draft plan which was a precursor to the 1997 plan. 
(L) "Northeastern North Carolina" means all of the 20 counties included in whole or in part in the 

First Congressional District as well as Caswell, Johnston, Samspon, Duplin, Franklin, Nash, 

Chowan, Perquimans, Pasquotank, Camden, Currituck, Tyrrell, Pamlico, Hyde, and Dare 

counties, and any counties northeast of these counties, but does not include Wake or Durham 

counties.  



TERROGATORIES FOR DEFENDANT-INTER RS: 

1. If you claim that the First Congressional District in the 1992 Plan was not drawn in violation 

of the Equal Protection Clause of the Fourteenth Amendment, please state the grounds for that 

claim, including whether race predominated in its creation, what compelling government interests 

led to its creation, and how it was narrowly tailored to serve these interests? 

2. If the court should find that race predominated in the creation of the 1st District in the 1997 

plan and that therefore the 1st District is subject to strict scrutiny, list all compelling state 

interests you contend that the state of North Carolina has which led to the configuration of the 1st 

District in the 1997 plan and explain how the 1* District of the 1997 plan is narrowly tailored to 

serve each such interest. 

3. If the court should find that race predominated in the creation of the 12th District in the 1997 

plan and that therefore the 12th District is subject to strict scrutiny, list all compelling state 

interests you contend that the state of North Carolina has which led to the configuration of the 

12th District in the 1997 plan and explain how the 12" District of the 1997 plan is narrowly 

tailored to serve each such interest? 

4. Identify any and all witnesses, sources, and documents which you contend support the position 

that the African-American population in northeastern North Carolina is sufficiently large and 

geographically compact to constitute a majority in a single-member North Carolina Congressional 

district? 

5. Identify every redistricting map or plan you are aware of which illustrates the presence of an 

African-American population in northeastern North Carolina that is sufficiently large and 

geographically compact to constitute a majority of the total population in a single member 

Congressional District. 

6. Identify every redistricting map or plan you are aware of which illustrates the presence of an 

African-American population in northeastern North Carolina that is sufficiently large and 

geographically compact to constitute a majority of the voting age population in a single member 

Congressional District. 

7. Identify every redistricting map or plan you are aware of which supports or illustrates the 

presence elsewhere in North Carolina of an African-American population that is sufficiently large 

and geographically compact to constitute a majority of the voting age population in a single- 

member North Carolina Congressional district. 

8. List the names of lack elected officials in all twenty-six counties in the 1997 Plan 1* and 

12% Districts who wefe\elected during the 1988 to 1996 elections, including elections to county, 

city, school boar eral Assembly positions, together with the black voting age population  



  

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for the jurisdiction from which they were elected. 

9. What, if any, post-1990 census data do you intend to rely onto establish the existence of the 

Gingles preconditions as to Districts 1 and/or 127? 

10. Describe the circumstances under which you decided to become a participant in this lawsuit 

as a Defendant-Interyénsy. 

11. Do you contend that there are communities of interest among the black voters of the Twelfth 

District? If so, please describe each of those communities of interest and the facts which support 

your contention. 

12. Do you contend that there are communities of interest among the black voters of the First 

District? If so, please describe each of those communities of interest and the facts which support 

your contentions. 

This the 31st day of August, 1999 

a ER 
Robinson O. Everett 

Everett & Everett 

N.C. State Bar No.: 1385 

Attorney for the Plaintiffs 

P.O. Box 586 

Durham, NC 27702 

Telephone: (919)-682-5691 

  

  

Williams, Boger, Grady, Davis & Tuttle, P.A. 

by: 7h 44 b 2d 
  

Martfn B. McGee 

State Bar No.: 22198 

Attorneys for the Plaintiffs 

P.O. Box 810 
Concord, NC 28026-0810 

Telephone: (704)-782-1173 

 



  

  

Douglas ® Markham 

Texas State Bar No. 12986975 

Attorney for the Plaintiffs 

333 Clay Suite 4510 

Post Office Box 130923 

Houston, TX 77219-0923 

Telephone: (713) 655-8700 

Facsimile: (713) 655-8701 

 



CERTIFICATE OF SERVICE 

I certify that I have this day served the foregoing Plaintiff's First Set of Interrogatories to 
Defendant-Intervenors by hand delivery to the following addresses: 

Mr. Edwin M. Speas, Jr., Esp. 

Senior Deputy Attorney General 

North Carolina Department of Justice 

P.O. Box 629 

Raleigh, NC 27602 

Mr. Adam Stein 

Ferguson, Stein Wallas, Adkins, Gresham, Sumter, P.A. 

312 W. Franklin St. 

Chapel Hill, NC 27516 

This the 31st day of August, 1999 

  

Robinson O. Everett 

Attorney for the Plaintiffs