Byrd v McCready Transcript of Record
Public Court Documents
October 31, 1950

77 pages
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Case Files, Thornburg v. Gingles Hardbacks, Briefs, and Trial Transcript. Motion to File Third Supplement to Complaint and to Amend Complaint; Memorandum in Support of Plaintiffs' Motion to File Third Supplement to Complaint and to Amend Complaint, 1982. bfcbe295-d792-ee11-be37-6045bddb811f. LDF Archives, Thurgood Marshall Institute. https://ldfrecollection.org/archives/archives-search/archives-item/a8033ef6-fa72-4748-b93d-3cb0e168d98f/motion-to-file-third-supplement-to-complaint-and-to-amend-complaint-memorandum-in-support-of-plaintiffs-motion-to-file-third-supplement-to-complaint-and-to-amend-complaint. Accessed August 19, 2025.
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a IN THE I]NITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF NORTH CAROLINA MLEIGH DIVISION NO. 81-803-CrV-5 MLPH GINGLES, et a1. , ) ) Plaintiffs, \( MOTIoN TO FILE THrRD v. a SUPPLEMENT TO COMPIA.TNT { aND To AMEND CoMPLAINT ) RUFUS EDMISTEN, et a1., ) ) Defendants. ) Pursuant to Rule 15(a) and (d) of the Federal Rules of Civil Procedure, plaintiffs move to further supplemenE and to amend their complaint. PLaintiffs seek to supple- ment their complaint to a11eie changes in the apportionment of the North Carolina General Assembly which have been enacted since the Complaint in this action was Last supplemented on March 17, 1982. Plaintiffs seek to amend their complainE to conform with the amendments to 52 of the Voting Rights Act of L965, which became law on June 29, L982. See 5 U.S. Code Congressional and Administrative News, 96 Stat 131 (Ju1y L982) . Plaintiffs'proposed Third Supplement to the Complaint and Amendment Eo the ComplainE is aEtached hereto. Plaintiffs further request that defenCants be ordered to file an answer to the Supplement and Amendment to the Complaint. This / A day of C*u,n- t- , Lg82.--T a Chambers, Ferguson, Watt, Wallas, Adkins & Fuller, P.A. Suite 730 East Independence PLaza 951 South Independence Boul-evard Charlotte, North Carolina 28202 704 / 375-846L JACK GREENBERG NAPOLEON WILLIAMS I.ANI GUINIER Suite 2030 L0 Columbus Circle New York, New York L00L9 Attorneys for Plaintiffs gg r v-r.r- I LESLIE J. W -2- MLPH GINGLES, et al. , Plaintiffs, v. RUFUS EDMISTEN, et al., Defendants. /'() 8-d s MEMOMNDUM IN SUPPORT OF PI.AINTIFFS' MOTION TO EILE THIRD SUPPLEMENT TO COMPIJ.INT AND TO AMEND COMPLAINT IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF NORTH CAROLINA IIALEIGH DIVISION N0. 81-803-Crv-5 I. Nature of Case Plaintiffs in this action are the class of black resi- dents of the State of North CaroLina who are registered to vote. The complaint in this action alleges that the provisions of the North Carolina Constitution which prohibit dividing counties in the apportionment of districts for the North Carolina House of Representatives and the North Carolina Senate have the purpose and effect of diluting the voting strength of black citizeins in violation of the Voting Rights Act of 1965, as amended, 42 U.S.C. SS1983 and L973c, the Fourteenth and Fifteenth Amendments to the United States Cons.titution, and 42 U.S.C. SL981. The Complaint and the Supplements to the Complaint further aL1ege that the succes- sive apportionments of the North Carolina General Assembly each dilute black voting strength in violation of the Voting Rights Act and the Fourteenth and Fifteenth Amendments to the United States Constitution. On November L9, 1981 and on March 17, L982 plaintiffs filed supplements to the Complaint Eo reflect oa changes in the apportionment of the North carolina senate and House of Representatives enacted after this action was fiLed. II. Faets Relevant to this Motion Subsequent to the fiLing of rhe second supplement ro the complaint on March 17, Lglz, the united states Depart ment of Justice entered objections to the apportionments of the North carolina General Assembry which had been enacted on February 11 , L982. On April 26, L982, the General Assembly convened for the purpose of amending the apportionments of the North carolina General Assembly. These ner^l apportionments vrere enacted on April 27, L982, and are contained in Chapters 1 and 2 of the Second Extra Session Laws of 1982 Plaintiffs file this motion to.further suppLement their complaint to put the apportionments which qTere enacted subsequent to the filing of the second supplement to the complaint in this action and plaintiffs' challenges to them before the Court. A proposed Third Supplement to the complaint is attached to plaintiffs' 'motion. In addition, on June 29, L982 the L9B2 Amendments to the Voting Rights Acr of 1965 \rere signed into law. These amendments include an amendment to g2 of the Voting Rights Act of L965 which changes the standard for determining whether there is a violation of the Act. see 5 u.s. code congressional and Administrative News, 9G stat r3r and Senate Report at L77 , et seq. , (Ju1y , LIBZ) . Section 3 of -2- the amendnent amends g2 of the AcE to prohibit all voting practices and procedures "which result in a denial or abridgement of the right of any citizen of the united states to vote on account of race or color... ." Plaintiffs move to amend their complaint to put arle- gations made prior to the amendment to 52 in conformity with the newly enacted standard. III. Argr:ment Rule 15(d) of the Federal Rules of CiviL Procedure states: (d) Supplemental Pleadings. Upon motion of a party the court o8y, upon reasonable notice and upon such terms as are just, permit him Eo serve a suppLemental pleading setting forth transactions or occurrences or events which have happened since the date of the pleading sought to be iirpplemented. Permission may _be granted even Ehough thl- original pleading is defective in its staEement of a claim for relief or defense. If the court deems it advisable that Ehe adverse party plead to the sup-plemeltaI pleading, it shall so- oider, specifyin-gthe time therefor. Just as this court entered orders allowing p1-aintiffs to file the First and second supplements to the complaint, plain- tiffs should now be allowed to file rhis Third supplemenr. . The Third Supplement to the Complaint which plaintiffs seek to file sets forth transactions; occurrences, and events which happened subsuquent to Ehe filing of the last prior supple- ment. The parties remain indentical. The Third supplement to the Complaint asserts facts which are necessary Eo a meaningful determination of the issues already before the court, and it -3- oo asserts claims which raise issues which are the same or are similarto the issues already before Ehe court. rn addition, the cl-aims in plaintiffs' proposed Third supple- ment to the complaint require a three judge court under 28 v.s.c. 52284 as do the original and suppl-ementaL complaints Thus judicial economy requires that p]-aintiffs again be allowed to supplement their complaint. rn addition, plaintiffs move to amend the complaint and previous supplements to the complaint to put those aLlega- tions in conformity with subsequent amendments to 52 of the Voting Righrs Acr. Rule L5(a), F.R.Civ.P., provides in pertinent part that a party may amend a pleading by leave of court "and leave shall be freely given when justice so requires. " Justice requires that leave be given in this instance. Plaintiffs, of course, had no way of predicting when the original complaint and supplements were filed that, or in what manner, 52 of the voting Rights Act wourd be amended. Thus is is only fair to allow plaintiffs to amend their allegations about past occurrences in tight of new regal requirements. Furth.ermore, defendants will not be prejudiced by this amendment. Ifhile Ehe evidence under the new allega- tions may vary from the evidence presented under the previous allegations, plaintiffs and defendants have stipulated that -4- discovery should be extended for a time sufficient to a11ow alL parties to gather and di.scover the newly relevant evidence. Plaintiffs therefore request thaE the Court enter an order aLLowing plaintiffs to file their Third supplemenr to the Complaint and Amendmenc to the Complaint and requiring defendants to file an answer within 20 days after the Court's Order allowing the Supplement and Amendment to be filed. This )A day of , LIBZ. ,J LESLIE J. trJt,INNER Chambers, Ferguson, Watt, Wallas, Adkins & Fuller, P.A. Suite 730 East Independence PLaza 951 South Independence Boulevard Charlotte, North Carolina 28202 704 / 37s-8461 JACK GREENBERG NAPOLEON WILLIAMS LANI GUINIER Suite 2030 10 Columbus Circle New York, New York L0019 Attorneys for PLaintiff -5- CERTIFICATE OF SERVICE r certify that r have served the foregoing Motion to File Third supplement and to Amend complaint with artached proposed Supplement and Amendment and Memoranduu in support of Plaintiffs' Motion to File Third supplement to complaint and to Amend complaint on all other parties by placing a copy thereof enclosed in a postage prepaid properly addressed wrapper in a post office or official depository under the exclusive care and custody of the United States Postal. Service, addressed to: l,Ir. James WalLace, Jr. Deputy Attorney General for Legatr Affairs N.C. Department of Justice Post Office Box 629 Raleigh, North Carolina 27602 Mr. Jerris Leonard 900 ITth Streer, NW suire 1020 Washington, DC 20006 Hamilton C. Horton, Jr. trrlhiting, Horton & Hendrick 450 NCI{B PLaza I.iinston-Salem, North Carolina 27L01 This /A day of ,4 ^ i l,Ir. Robert N. Hunter, Jr. Attorney at Law Post Office Box 3245 201 West Market Street Greensboro, North Carolina 27402 Mr. Arthur J. Donaldson Burk, Donaldson, Holshouser & Kenerly 309 N. Main Streer Salisbury, North Carolina 28L44 , L982. u ECorne), I -6-