Defendants' Response to Plaintiff's First Set of Interrogatories and Request For Production; Requests for Admission

    IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF NORTH CAROLINA
RALEIGH DIVISION

No. 81-803-CIV-5

FILED
FEM-11983

J.mCH LDDNARD,CLERK
U. S. DISTRICT COURT
E. DIST. NO. CAR.

RALPH GINGLES, et al.,
Plaintiffs,
vs.
RUFUS L. EDMISTEN, et al.,
Defendants.
-and-
ALAN V. PUGH, et al., No. 81-1066-CIV—5

Plaintiffs,

I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
vs. I
I
JAMES B. HUNT, JR., et al., )
I
Defendants. I
I
-and- )
I
JOHN J. CAVANAGH, et al., ) NO. 82-545-CIV-5
I
Plaintiffs, )
I
vs. I
I
ALEX K. BROCK, et al., )
I
I

Defendants.

DEFENDANTS' RESPONSE TO
(PUGH) PLAINTIFFS' FIRST
SET OF INTERROGATORIES

AND REQUESTS FOR PRODUCTION;
REQUESTS FOR ADMISSION

Defendants in the above-entitled action make the following
objections to the Pugh Plaintiffs' First Set of Interrogatories

and Requests for Production; Requests for Admission.

 

-2-

Each and every one of the interrogatories, requests
for production, and requests for admissions (numbers 1 through
39) is objected to on the ground that the Pugh Plaintiffs'
First Set of Interrogatories and Requests for Production;
Requests for Admission were not made within the required time
limits. Specifically, said interrogatories, requests for
production, and requests for admissions were dated January 29,
1983, and received by Defendants on January 31, 1983. Pursuant
to Federal Rules of Civil Procedure 33, 34, and 36, Defendants
have 30 days in which to respond to Plaintiffs' interrogatories,
requests for production, and requests for admissions, with an
additional three days allowed for response after service by
mail pursuant to Federal Rules of Civil Procedure Rule 6(e).
On August 16, 1983, counsel for Plaintiffs signed a stipula-
tion that all discovery would be completed by the parties
to Pugh v. Hunt and Gingles v. Edmisten by March 1, 1983.
That stipulation was also signed by counsel for all Defendants
on August 9, 1982, and by counsel for the Gingles Plaintiffs
on August 9, 1982, and was filed with the court on or before
August 29, 1982. Pursuant to Rule 24 of the Local Rules of
Practice and Procedure of the United States District Court for
the Eastern District of North Carolina, discovery motions and
requests must be propounded in time for respondents to have
sufficient time to respond prior to the date set for comple-
tion of all discovery. Discovery requests mailed on January
29, 1983, are not propounded so as to provide Defendants
with 30 days to respond prior to the March 1 stipulated date

for completion of discovery.

V

_3_

For these reasons, Defendants object to each and every
one of Plaintiffs' First Set of Interrogatories and Requests
for Production; Requests for Admissions on the grounds that
they are all untimely.

Respectfully submitted, this the _ll__ day of February,
1983.

RUFUS L. EDMISTEN
ATTORNEY GEN

   

ep y Attorney eneral for
gal Affairs

st Office Box 629
Raleigh, North Carolina 27602

(919) 733-3377

Norma Harrell
Tiare Smiley
Assistant Attorneys General

John Lassiter
Associate Attorney General

Jerris Leonard

Kathleen Heenan

Jerris Leonard & Associates, P.C.
900 17th Street, N.W.

Suite 1020

Washington, D.C. 20006

(202) 872-1095

Attorneys for Defendants

CERTIFICATE OF SERVICE

 

I hereby certify that I have this day served the fore-

going Defendants' Response to (Pugh) Plaintiffs' First Set of
Interrogatories and Requests for Production; Requests for Admission
by placing a copy of same in the United States Post Office,

postage prepaid, addressed to:

Mr. J. Levonne Chambers

Ms. Leslie Winner _

Chambers, Ferguson, Watt, Wallas,
Adkins & Fuller, P.A.

951 South Independence Boulevard

Charlotte, North Carolina 28202

‘Mr. Jack Greenberg

Mr. James M. Nabritt III
Ms. Lani Guinier

10 Columbus Circle

New York, New York 10019

Mr. Arthur J. Donaldson

Burke, Donaldson, Holshouser & Kenerly
309 North Main Street

Salisbury, North Carolina .28144

Mr. Robert N. Hunter, Jr.
Attorney at Law

Post Office Box 3245

Greensboro, North Carolina 27402

Mr. Hamilton C. HOrton, Jr.

Whiting, Horton & Hendrick

450 NCNB Plaza

Winston-Salem, North Carolina 27101

Mr. Wayne T. Elliot

Southeastern Legal Foundation
1800 Century Boulevard, Suite 950
Atlanta, Georgia 30345

This the A/ day of Februar , 1983.