Motion to Amend Answer with Certificate of Service
Public Court Documents
August 25, 1999
4 pages
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Case Files, Cromartie Hardbacks. Motion to Amend Answer with Certificate of Service, 1999. aba9ef65-ee0e-f011-9989-7c1e5267c7b6. LDF Archives, Thurgood Marshall Institute. https://ldfrecollection.org/archives/archives-search/archives-item/bbb2a013-b537-41a2-80c5-36f3040311c9/motion-to-amend-answer-with-certificate-of-service. Accessed May 14, 2025.
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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NORTH CAROLINA
WESTERN DIVISION
Civil Action No. 4-96-CV-104-BO(3)
MARTIN CROMARTIE, et al.,
Plaintiffs,
)
)
)
)
)
)
JAMES B. HUNT, JR., in his official )
capacity as Governor of the State of North )
Carolina, et al., ) MOTION TO
) AMEND ANSWER
Defendants, )
)
and )
)
)
)
)
ALFRED SMALLWOOD, et al.,
Defendant-Intervenors.
Pursuant to Rule 15(a) of the Federal Rules of Civil Procedure, defendants respectfully move
the Court for leave to amend their Answer to the Amended Complaint to add an additional defense
to read as follows:
NINTH DEFENSE
Plaintiffs have failed to state a claim for relief on the grounds their claims are barred by the
doctrine of claim preclusion.
eS o®
~
Thisthe AS day of Agt” 1999.
MICHAEL F. EASLEY
ATTORNEY GENERAL
Hie Br,
Tiare B. Smiley
Special Deputy Attorney General
N. C. State Bar No. 7119
N.C. Department of Justice
P.O. Box 629
Raleigh, N.C. 27602
(919) 716-6900
2
CERTIFICATE OF SERVICE
This is to certify that I have this day served a copy of the foregoing Motion to Amend
Answer and proposed Order in the above captioned case upon all parties by depositing these
documents in the United States mail, first class mail, postage prepaid addressed as follows:
Robinson O. Everett
Suite 300 First Union Natl. Bank Bldg.
301 W. Main Street
P.O. Box 586
Durham, NC 27702
ATTORNEY FOR PLAINTIFFS
Adam Stein
Ferguson, Stein, Wallas, Adkins,
Gresham & Sumter, P.A.
Suite 2
312 W. Franklin Street
Chapel Hill, NC 27516
Todd Cox
NAACP Legal Defense & Educational Fund, Inc.
1444 | Street NW
Washington, DC 20005
ATTORNEYS FOR DEFENDANT-INTERVENORS
This the a of Augut , 1999.
Fu £ Hib
are B. Smiley
Special Deputy Attorney General
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3
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NORTH CAROLINA
WESTERN DIVISION
Civil Action No. 4-96-CV-104-BO(3)
MARTIN CROMARTIE, et al.,
Plaintiffs,
)
)
)
)
)
)
JAMES B. HUNT, JR., in his official)
capacity as Governor of the State of North )
Carolina, ef al., ) ORDER
)
Defendants, )
)
and )
)
)
)
)
ALFRED SMALLWOOD, et al.,
Defendant-Intervenors.
Upon motion by defendants to amend their Answer to the Amended Complaint to add a
Ninth Defense, and for good cause shown,
IT IS HEREBY ORDERED that the Motion to Amend Answer be granted and that the
Amended Answer is hereby deemed amended accordingly.
JUDGE TERRENCE W. BOYLE
UNITED STATES DISTRICT COURT