Dallas County District Judge Entz Interrogatories to Oliver, Tinsley, and White; First Request for Production of Documents

    HUGHES & LUCE 
2800 MOMENTUM PLACE 

1717 MAIN STREET 

  

DALLAS, TEXAS 75201 1500 UNITED BANK TOWER 

(214) 939-5500 AUSTIN, TEXAS 78701 

TELECOPIER (214) 939-6100 (512) 482-6800 

TELEX 730836 TELECOPIER (512) 474-4258 

Direct Dial Number 

(214) 939-5581 

  

March 29, 1989 

BY CERTIFIED MAIL   

Edward B. Cloutman, III, Esq. 

Mullinax, Wells, Baab & Cloutman, P.C. 

3301 Elm Street 

Dallas, TX 75226 

Re: LULAC Council No. 4434, et al. v. Jim Mattox, et al. 

Dear Mr. Cloutman: 

Enclosed please find Dallas County District Judge F. 
Harold Entz's Interrogatories to Jesse Oliver, Fred Tinsley, 
and Joan Winn White and Dallas County District Judge F. Harold 
Entz's First Request for Production of Documents to Jesse 

Oliver, Fred Tinsley, and Joan Winn White. 

By copy of this letter, all counsel of record are being 
provided with copies of these documents. 

Very truly yours, 

Dont C4 

DCG/jed 
Enclosure 

cc: William C. Garrett 
Rolondo Rios 
Susan Finkelstein 
Sherrill A. Ifillv 
Gabrielle K. McDonald 
E. Brice Cunningham 
Renea Hicks 
Ken Oden 

David R. Richards 
J. Eugene Clements 
Darrell Smith 
Michael J. Wood 

 



  

IN THE UNITED STATES DISTRICT COURT 
FOR THE WESTERN DISTRICT OF TEXAS 

MIDLAND-ODESSA DIVISION 

LULAC COUNCIL NO. 4434, etal. 

Plaintiffs, 

CIVIL ACTION NO. 

Vv. 
MO-88-CA-154 

JIM MATTOX, et al. etal. 

Defendants. CO
 

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DALLAS COUNTY DISTRICT JUDGE 
F. HAROLD ENTZ'S INTERROGATORIES TO 

JESSE OLIVER, FRED TINSLEY, and JOAN WINN WHITE 
  

TO: Plaintiffs Jesse Oliver, Fred Tinsley, and Joan Winn 
White, by and through their attorney of record, 
Edward B. Cloutman III, Mullinax, Wells, Baab & Cloutman, 

P.C., 3301 Elm Street, Dallas, Texas 75226: 

Judge F. Harold Entz submits his first interrogatories to 

Plaintiffs Jesse Oliver, Fred Tinsley, and Joan Winn White 

("Respondents") in accordance with Rule 33 of the Federal 

Rules of Civil Procedure as follows: 

DEFINITIONS   

1. "Document" means the original and any non-identical 

copy of any document (including writings, drawings, graphs, 

charts, photographs, phonorecords, audio recordings, and other 

data compilations from which information can be obtained, 

translated, if necessary, by the Respondents through detection 

devices into reasonably usable form) and any tangible things 

which constitute or contain matters within the scope of Rule 

26(b) of the Federal Rules of Civil Procedure. 

JUDGE ENTZ'S INTERROGATORIES TO OLIVER, etal. - Page 1 

 



  

2. "Communication" means any oral or written 

communication between or among any identified parties, 

including but not limited to telephone calls, meetings, 

discussions, correspondence, memoranda, or other messages 

conveyed from one party to another regardless of medium. 

3. "Identify," or any ‘form of that" word. used. in 

connection with a document, means to state: (a) the name, date 

and subject of the document; (b) the type of document (e.g., 

letter, memorandum, note, report); (c) the identity of the 

author and all recipients of the document; (d) the identity of 

the custodian or possessor of the document or a copy of the 

document; and (e) the location of the document or a copy of 

the document. 

4. “Identify,” or many form of i that word unsed in 

connection with a person, if that person is an individual, 

means to state (a) the name; (b) the present employer, if 

known; and (c) the present or last known business and home 

addresses and telephone numbers. 

5 "Identify," or -any form of that word used ‘in 

connection with a person, if the person is a corporation, 

partnership, or other legal entity, means to (a) state the 

name; (b) identify the state of legal formation; (c) identify 

all officers, directors, partners and/or principals; and (d) 

state the person's principal place of business. 

6. “Identify,” or ‘any form .of that word used > in 

connection with a communication, means to identify the parties 

to the communication, identify the medium of the communication 

JUDGE ENTZ'S INTERROGATORIES TO OLIVER, etal. - Page 2 

 



  

(e.g., phone conversation, letter, etc.), and state the date 

of the communication. 

7. "You" or "Your" means Plaintiffs Jesse Oliver, Fred 

Tinsley, and Joan Winn White. 

8. "Relating to" a subject means containing, embodying, 

referring to, comprising, reflecting. explaining, or having 

any significant logical, factual or causal connection with the 

subject. 

INSTRUCTIONS 
  

1. Answer each interrogatory fully in writing under 

oath, unless the interrogatory is subject to objection, in 

which case the reasons for objection must be stated in lieu of 

answer. If precise information is not available for answer, 

an estimate identified as such may be provided. 

2. The interrogatories are continuing in nature and your 

responses should be supplemented as required by Rule 33 of the 

Federal Rules of Civil Procedure. 

3. All answers and other responses to the 

interrogatories must be served upon the undersigned counsel 

within fifteen (15) days after service of these 

interrogatories upon Respondents. 

INTERROGATORIES 
  

1. Identify each person you expect to call as an expert 

witness at trial and state the subject matter on which the 

expert is expected to testify. Include within your answer the 

substance of the facts and opinions to which the expert is 

JUDGE ENTZ'S INTERROGATORIES TO OLIVER, etal. - Page 3 

 



  

expected to testify and a summary of the grounds for each such 

opinion. 

2, If you claim that Blacks and Hispanics are politically 

cohesive in Dallas County, please state the factual bases for 

such a claim 

3. If you claim that voting in Dallas County is racially 

polarized, please state the factual bases for such a claim. 

4. Identify every Dallas County election you have analyzed, 

describing fully your method of analysis, and the results of 

such analysis. 

5. Identify every candidate for public office in Dallas 

County whom you have sponsored or preferred in the last twenty 

years. Include within your answer the date of the race, the 

position the race was intended to fill, the identity of the 

winner of the race, and the percentage of Blacks, Whites, and 

Hispanics respectively voting for your sponsored or preferred 

candidate. 

6. Identify every factor and circumstance present in Dallas 

County with respect to the political processes leading to the 

nomination or election of candidates to public office in 

Dallas" County that .you .cClaim . is not equally ‘open : to 

participation by Blacks and that you claim gives Blacks less 

opportunity than other members of the electorate to 

participate in the political process and to elect 

representatives of their choice. 

7. If you claim that any part of the established system in 

Dallas County for electing state district judges dilutes Black 

JUDGE ENTZ'S INTERROGATORIES TO OLIVER, etal. - Page 4 

 



  

voting strength, state the factual bases for your claim, if 

any, that the reasons for adopting such a system are tenuous. 

8. If you claim that the system of electing state district 

judges in Dallas County is intentionally designed to 

discriminate against minorities, please state the factual 

bases for such a claim. 

9. If you claim that Blacks in Dallas County have been denied 

access to a candidate slating process, please state the 

factual bases for such a claim. 

10. If you claim that Blacks in Dallas County are hindered in 

their ability to participate effectively in the political 

process, state your factual bases for such a claim. 

11. If you claim that political campaigns in Dallas County 

have been characterized by overt or subtle racial appeals, 

state your factual bases for such a claim. 

12. If vou claim that there is’ a "significant lack of 

responsiveness on the part of the elected judges in Dallas 

County to the particularized needs of Blacks, state your 

factual bases for such a claim. 

13. Describe the location and population of each and every 

single member district you claim could and/or should be drawn 

in Dallas County with respect to electing state district 

judges. 

14. With respect to your answer to Interrogatory No. 14, 

state the percentage of Anglo, Black, and Hispanic members of 

the voting age population in each such district. 

15. For each person identified in response to Interrogatory 

JUDGE ENTZ'S INTERROGATORIES TO OLIVER, etal. - Page 5 

 



  

No. 1, please list every engagement of the expert in which the 

expert was hired potentially to testify and in which Section 2 

of the Voting Rights Act was involved. Include within your 

answer the person or group by whom the expert was retained. 

16. If you claim that Blacks in Dallas County are politically 

cohesive, state the factual bases for such a claim. 

17. Ifyou claim that white voters in Dallas County vote ‘as a 

bloc usually to defeat your preferred candidates, state the 

factual bases for such a claim. 

18. Identify all documents relating to your answers to 

Interrogatories 1-17. 

19. Identify by name, address, and telephone number each 

person assisting in the preparation of the answers to 

Interrogatories 1-18 above. 

Respectfully submitted, 

lr 
Robert H. Mow, Jr. 
David C. Godbey 
Bobby M. Rubarts 

Esther R. Rosenblum 

  

of HUGHES & LUCE 

2800 Momentum Place 

1717 Main Street 
Dallas, Texas 75201 

214/939-5500 

ATTORNEYS FOR DALLAS 
COUNTY DISTRICT JUDGE 
F. HAROLD ENTZ 

JUDGE ENTZ'S INTERROGATORIES TO OLIVER, etal. - Page 6 

 



CERTIFICATE OF SERVICE 
  

I hereby certify that a true and correct copy of the 

foregoing document was served on counsel of record on 

this 200 of March, 1989. 

  

Di TR RR 
52800010:20 

JUDGE ENTZ'S INTERROGATORIES TO OLIVER, eral. - Page 7  



IN THE UNITED STATES DISTRICT COURT 
FOR THE WESTERN DISTRICT OF TEXAS 

MIDLAND-ODESSA DIVISION 

LULAC COUNCIL NO. 4434, etal 

Plaintiffs, 
CIVIL ACTION NO. 

Vv. 
MO-88-CA-154 

JIM MATTOX, etal. 

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Defendants. 

DALLAS COUNTY DISTRICT JUDGE 
F. HAROLD ENTZ'S 

FIRST REQUEST FOR PRODUCTION OF DOCUMENTS TO 
JESSE OLIVER, FRED TINSLEY, and JOAN WINN WHITE 
  

Plaintiffs Jesse Oliver, Fred Tinsley, and Joan Winn 
White, by and through their attorney of record, 
Edward B. Cloutman III, Mullinax, Wells, Baab & Cloutman, 
P.C., 3301 Elm Street, Dallas, Texas 75226: 

Pursuant to Rule 34 of the Federal Rules of Civil 

Procedure, Judge Entz submits the following request for 

production of documents to Plaintiffs Jesse Oliver, Fred 

Tinsley, and Joan Winn White ("Respondents"): 

DEFINITIONS 
  

1. "Document" means the original and any non-identical 

copy of any document (including writings, drawings, graphs, 

charts, photographs, phonorecords, audio recordings, and other 

data compilations from which information can be obtained, 

translated, if necessary, by the Respondents through detection 

devices into reasonably usable form) and any tangible things 

which constitute or contain matters within the scope of Rule 

JUDGE ENTZ'S DOCUMENT REQUEST TO OLIVER, etal. - Page 1  



  

26(b) of the Federal Rules of Civil Procedure. 

2 "You," or "Your" means the Plaintiffs Jesse Oliver, 

Fred Tinsley, and Joan Winn White. 

I "Relating to" a subject means containing, embodying, 

referring to, comprising, reflecting. explaining, or having 

any significant logical, factual or causal connection with the 

subject. 

INSTRUCTIONS   

1. Respondents shall produce for inspection and copying 

all documents described below within its possession custody 

and control at the offices of Hughes & Luce, 2800 Momentum 

Place, 1717 Main Street, Dallas, Texas 75201, or such other 

place as may be mutually agreed, within fifteen (15) days of 

service of this request upon Respondents. 

2. Respondents shall serve a written response to this 

request upon the undersigned counsel within fifteen (15) days 

of service of this request upon Respondents. 

3. For all documents withheld from production based upon 

a claim of privilege or work product immunity, Respondents 

shall state a brief description of the nature of the document, 

the person or persons creating the document, all recipients of 

the document, all persons who have seen or been permitted 

access to the document, a brief summary of the contents of the 

document, and the factual basis for the privilege or immunity 

claimed. 

4. If any document was, but is no longer, within 

Respondents's possession, custody, or control, state the 

JUDGE ENTZ'S DOCUMENT REQUEST TO OLIVER, etal. - Page 2 

 



  

disposition made of such document, including that date, method 

of, and reason for such disposition and identify, if known, 

any person now having possession, custody, or control of the 

document or a copy of the document. 

DOCUMENTS TO BE PRODUCED 
  

Respondents shall produce all documents relating to: 

1. All documents required to be identified by you in response 

to Judge Entz's written interrogatories 

2. Anything reviewed by any of your experts. 

3. The elections in Dallas County which you contend 

demonstrate racially polarized voting in Dallas County. 

4. Your claims, if any, that Blacks and Hispanics in Dallas 

County are politically cohesive. 

5. Your claims, if any, that Blacks are politically cohesive 

in Dallas County. 

5. The geographic location and racial make-up of the single 

member districts that you claim could be drawn in Dallas 

County with respect to the election of state district judges. 

7. Any statistical studies upon which you rely in support of 

any of your claims. 

8. Any statistical analysis or other analysis of elections in 

Dallas County performed by you or on your behalf in connection 

with this lawsuit. 

9. Anything prepared by any of your experts. 

10. The curriculum vitae of each of your experts. 

11. Anything submitted by you to any of your experts. 

JUDGE ENTZ'S DOCUMENT REQUEST TO OLIVER, etal. - Page 3 

 



  

12. Any publications of any of your experts. 

13. Any transcripts of the depositions or other testimony of 

any of your experts in any other case involving the Voting 

Rights Act or any type of redistricting. 

14. Any of your claims in the lawsuit. 

15. The number and percentage of registered Black, Hispanic, 

and other voters in Dallas County. 

16. The percentage of Black attorneys among all attorneys 

eligible to run for election as a state district judge in 

Dallas County. 

17. The geographic location of areas in Dallas County in 

which you claim that there is a sufficiently compact Black 

population for the drawing of single member districts in 

Dallas County in which Blacks would constitute the majority of 

voters. 

18. The documents produced to you by any of the defendants in 

this lawsuit. 

Respectfully submitted, 

Via ol al 
Robert H.! Mow, Jr. 

David C. Godbey 
Bobby M. Rubarts 
Esther R. Rosenblum 

  

of HUGHES & LUCE 

2800 Momentum Place 

1717 Main Street 
Dallas, Texas 75201 

214/939-5500 

ATTORNEYS FOR DALLAS 
COUNTY DISTRICT JUDGE 
F. HAROLD ENTZ 

JUDGE ENTZ'S DOCUMENT REQUEST TO OLIVER, etal. - Page 4 

 



  

CERTIFICATE OF SERVICE 
  

I hereby certify that a true and correct copy of the 

foregoing document was served on counsel of record on 

this 200 day of March, 1989. 

bal 
  

52800010:21 

JUDGE ENTZ'S DOCUMENT REQUEST TO OLIVER, etal. - Page 5