Correspondence from Everett to Smiley; Fax Cover Sheets; Orders

    % @ on WI (ox 

EVERETT & EVERETT 
ATTORNEYS AND COUNSELORS AT LAW 

SUITE 300 
R.O. EVERETT (1878-1971) 301 W. MAIN STR 

KATHERINE R. EVERETT (1893-1992) BEY 
ROBINSON O. EVERETT P.O. BOX 586 
DAWN T. BATTISTE DurHAM, NORTH CAROLINA 27702 
SANDRA G. HERRING TEL: (919) 682-5691 

FAX: (919) 682-5469 

OF COUNSEL 

ROBERT D. HOLLEMAN September 1, 1999 

Ms. Tiare B. Smiley 

Special Deputy Attorney General 

North Carolina Department of Justice 

Post Office Box 629 

Raleigh, North Carolina 27602-0629 

Re: Cromartie v. Hunt Interrogatories 

Dear Tiare: 

This letter is to confirm the contents of our phone conference with you and Adam 

concerning the Interrogatories we served on both the State Defendants and the Defendant- 

[ntervenors yesterday, August 31, 1999. 

In the interest of coming to a mutual agreement and avoiding any further issues about 

what constitutes a “discrete part” of an interrogatory and is therefore separately counted, we are 

willing to withdraw Interrogatories #8 and #10 to the Defendant-Intervenors and Interrogatories 

#25, #26, #29A and #29D to the State-Defendants. 

You indicated that you had some possible objections to interrogatories and we shall await 

hearing from you further concerning these possible objections. If we agree that an interrogatory 

is objectionable, its elimination will reduce the total. If a hearing is scheduled as to the number of 

interrogatories, then these possible objections could also be considered at that time. 

If our withdrawal of the above-listed interrogatories does not solve the problem, we will 

attempt to arrange for a hearing before Judge Boyle or the Magistrate Judge handling this case to 

discuss the interrogatories. As I mentioned, I already have left a call with David Daniel to see 

about a possible hearing. Please let us know as soon as possible if a hearing will be necessary. 

Sincerely, 

naa 
Robinson O. Everett 

cc. Adam Stein ¢—  



   

  

FW: Cromartie depositions -Forwarded 

Subject: FW: Cromartie depositions -Forwarded 
Date: Thu, 2 Sep 1999 16:03:30 -0400 

From: "Stein, Adam" <AStein@law.fswags.com> 
To: "Norman Chachkin" <nchach@erols.com> 

please forward to Todd 

> From: Tiare Smiley [SMTP: TSMILEY@MAIL.JUS.STATE.NC.US] 
> Sent: Wednesday, September 01, 1999 5:00 PM 

> To: astein@law.fswags.com 
> Subject: ~~ Cromartie depositions -Forwarded 

> <<Cromartie depositions>> 

    

Subject: Cromartie depositions 
Date: Wed, 1 Sep 1999 15:50:01 -0400 

From: Tiare Smiley <TSMILEY @MAIL.JUS.STATE.NC.US> 

To: NHARRELL@MAIL.JUS.STATE.NC.US 

CC: FCARR@MAIL.JUS.STATE.NC.US 

Doug Markham has confirmed or agreed tentatively: 

McMahan can go forward on Oct. 1, at 11 am. (Fran, let's send that 
confirming memo to McMahan) 

Ron Weber on Sept. 27 at 8:30 am (Weber has a 5;03 flight out) (Fran, 

call and schedule Kay McGovern and Room 301) 

Gerry Cohen on Sept. 17 at 8:30, to be continued on another day (they 

are already talking about taking two days; I am not availabe on the 
16th, 
so could not agree to the 16th and 17th: I have already told them that 
Gerry is not availbale Sept. 23, 24 & 30 and Oct. 1)(Fran, schedule 
conference room 301) 

l'of 1 9/2/99 4:08 PM 

 



08/23/99 MON 13:23 FAX 919 987 4953 FERGUSON STEIN [doo1 

FERGUSON, STEIN, WALLAS, ADKINS, GRESHAM & SUMTER, P.A. 
312 West Franklin Street « Chapel Hill, NC 27516 = Phone (919) 933-5300 « Fax (919) 967-4953 

  

  

FACSIMILE TRANSMITTAL SAKE fg T) 
Date: g 23/54 TIME: AM/PM I ahs cm : | / 

From: Adam Sten IAS po 
Phone: 919/933-5300 Fax: 919/967-4953 ¢ 

Re: __ Cpa tie 
PLEASE DELIVER TO: 

  

  

  

  

  

  

Name: MN. Chath kaa 
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CITY: 

TELEPHONE#: 

TELECOPIER #: _ 2A — Hp — 1SA 

# OF PAGES (o (INCLUDING COVER SHEET) 

  

  

  

  

          

  
  

If there are problems with this transmission, please contact _ Shel at 919/933-5300. 
  

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halle LLY   

  
  

  

  
  
  

  

The information contained in this facsimile message is attorney privileged and confidential information intended only 
for the use of the individual or entity named above. If the reader of this message is not the intended recipient, you are 
hereby notified that any dissemination, distribution or copying of this communication Is strictly prohibited. If you have 
received this communication in error, please immediately notify us by telephone and return the original message to us 
at the above address via the U.S. Postal Service. Thank you. 
  
  — 

AUG 23 939 13:35 913 887.4553 PAGE. 81  



   08/23/99 MON 13:24 FAX 919 967 4953 ~~ FERGUSON STEIN @oo2 
FUG—ZO—1o5s 11300 CERES UEC @ 91985684160 P.21/05 

UNITED STATES DISTRICT COURT 

EASTERN DISTRICT OF NORTH CAROLINA 
~~ P.O. BOX 26670 

RALEIGH, NORTH CAROLINA 27611    
CLERK'S OFFICE % 

TELEPHONE: (919) 856-4370 

FAX: (919) 856-4160 

  

FACSIMILE TRANSMITTAL 
  

TO: Ronson Evere t/ Mackin NeGee/ Tare Smiley Acta Sr 

FROM: JD) e. Skinner 

MESSAGE: 

-- 3 pe order nn Cyomarhe 
pid Page Ordfr in Day 

  

NUMBER OF PAGES SENT: 3 (Including Cover) 

THE INFORMATION CONTAINED IN THIS FACSIMILE MESSAGE IS PRIVILEGED AND CONFIDENTIAL 
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AUG 23 ’99-13135 919 S57 4553 PAGE. 82 

 



@oo4 

9158564168 P.@3/05 
08/23/99 MON 13:24 FAX 919 967 4953 FERGUSON STEIN 

H eu OFFICE ® IP ae sg Me pe SER 0 I rw in 

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

EASTERN DIVISION FILED 
No. 4:96-CV-104-BO(3) Ale 2 3.1999 

DAVID W. DANIEL, CLERK 
U8 DISTRICT COURT 
E. DIST. N. CAROLINA 

MARTIN CROMARTIE, et al, 
Plaintiffs, 

V. 

JAMES B. HUNT, in his official capacity 
as Governor of the State of North Carolina, 
et al, 

Defendants. 

and 

ALFRED SMALLWOOD, et al., 

Defendant-Intervenors. 

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This matter is before the Court on Plaintiffs’ Motion to Dissolve Stay, Schedule 

Discovery, and Expedite Trial. Defendants and Defendant-Intervenors join Plaintiffs' Motion. 

The parties have also filed a Proposed Discovery Plan. Defendants have filed a Withdrawal of 

Motion to Consolidate this case with Daly v. Leake, No. 4:97-CV-750-BO(3). 
  

Proceedings before this Court in this matter have been stayed pending action by the 

United States Supreme Court, On May 17, 1999, the United States Supreme Court remanded 

this matter to this Court for trial. See Hunt v, Cromartie, $26 U.S. __ , 119 S.Ct. 1545 (1999). 

The parties now seek the dissolution of this Court's stay of proceedings in this case, The 

parties also seek an expedited trial, and have filed a proposed discovery order. 

This Court's stay in this matter will be dissolved. This matter is set for trial at this Court's 

November 1, 1999 term, in Raleigh, North Carolina. Discovery in this case will proceed in 

accordance with the schedule described below. 

AUG 23 99 13:36 919 SB7 4933 PRGE. 84  



  

08/23/99 MON 13:24 FAX 919 987 4953 FERGUSON STEIN do05 

  

AUG-23-19939 11:54 CLERKS OFFICE » 9198564168 P.84,/@65 

- 

The parties will complete discovery in this matter by October 4, 1999. The parties will 

be allowed until August 31, 1999, to join additional parties or amend pleadings. Plaintiffs may 

serve up to fifty interrogatories. Defendants and Defendant-Intervenors may serve up to fifty 

interrogatories, which shall be apportioned between Defendants and Defendant-Intervenors as 

they may agree and, absent agreement, divided equally. 

Plaintiffs may notice up to fifteen depositions of non-expert witnesses, and the 

Defendants, including Deda iA esis, may notice up to fifteen depositions of non-expert 

witnesses, which shall be apportioned between Defendants and Defendant-Intervenors as they 

may agree and, absent agreement, divided equally. The parties must identify expert witnesses 

and serve their Rule 26 reports on or before September 10, 1999, The parties shall be allowed 

until September 22, 1999 to make a good faith effort to disclose the identity of all trial witnesses, 

together with a brief statement of what a party proposes to establish through each witness’ 

testimony. 

All motions, except those relating to the admissibility of evidence at trial, are to be filed 

on or before October 18, 1999. The Court notes and accepts the stipulations agreed to by the 

parties i their Proposed Discovery Plan. Also, as outlined in the parties’ Proposed Discovery 

Plan, reasonable access to the public terminal of the North Carolina General Assembly's 

redistricting computer system will be provided to counsel for Plaintiffs or their experts under the 

supervision of the Legislative Automated Services Division during regular business hours. 

Therefore, this Court hereby DISSOLVES its stay of proceedings in this case, 

SCHEDULES discovery as described above, and sets this case for trial before the undersigned 

panel during the Court's November 1, 1999 term in Raleigh, North Carolina. The Court will 

accept Defendants’ Withdrawal of Motion to Consolidate this matter with Daly v. Leake, and will 

2 

ALG. 23 89 13:36 919 S67 49353 PRGE. B85 

 



08/23/99 MON 13:25 FAX 919 967 4953 FERGUSON STEIN : @oos 
[SER LR EX dd Om LLeErKRS Uric 9198564160 P.85-85 

- 
- 

accordingly DENY Defendants’ pending Motion to Consolidate. 

SO ORDERED. 

This ___ day of August, 1999, 

SAM J. ERVIN, II 

United States Cireuit Judge 
TERRENCE W. BOYLE 
Chief United States District Judge 
RICHARD L. VOORHEES 
Chief United States District Judge 

  

By: ™ Land 
TERRENCE W. BOYLE 
CHIEF UNITED STATES DISTRICT JUDGE 

  

TOTAL P.BS 

ALG 23 ’99 13:35 | 919 957 4953 PAGE. 86  



   
: 4953 FERGUSON STEIN @003 

08 7237/99 MON 13 : 24 JAE 919 967 CLERKS UFFICE 919856416@ P.@2/05 

IN THE UNITED STATES DISTRICT COURT FILED FOR THE EASTERN DISTRICT OF NORTH CAROLINA 
WESTERN DIVISION AUE 2 31199, 

DA; No. 5:97-CV-750-BO (3) US Dior PANEL, CLR 
JACK DALY, et al., 

Plaintiffs, 

Vv. ORDER 
  

LARRY LEAKE (as Chairman of 
the State Board of Elections), 

) 

) 
) 
) 

) 
) 

) 
et al., ) 

) Defendants. 

The court has pending before it a motion by the defendants to 

withdraw the motion to consclidate. The court requests the parties 

to provide the court with a status report of the readiness of this 

case within ten days from the date of this order. This should 

include a forecast by the parties of the timing and scope of 

discovery and other pretrial preparations, the parties' estimate of 

the time which would be involved in trial, and the parties’ present 

expectation of a date at which they would be ready for trial, 

ENTERED at the direction of the court. 

This 20 day of August, 199s. 

~ = 
Lad An—td 

TERRENCE W. BOYLE 
CHIEF UNITED STATES DI¥TRICT JUDGE 
EASTERN DISTRICT OF NORTH CAROLINA 

  

AG 23 ’93 13:36 919 SB? 4933 PAGE. 83