Defendants' Motion for a Stay (Rule 62)

Public Court Documents
March 10, 2000

Defendants' Motion for a Stay (Rule 62) preview

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  • Case Files, Cromartie Hardbacks. Defendants' Motion for a Stay (Rule 62), 2000. 5a629250-e70e-f011-9989-002248226c06. LDF Archives, Thurgood Marshall Institute. https://ldfrecollection.org/archives/archives-search/archives-item/bf05620d-e018-448c-9f72-867367d91c95/defendants-motion-for-a-stay-rule-62. Accessed May 14, 2025.

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    UNITED STATES DISTRICT COURT 
EASTERN DISTRICT OF NORTH CAROLINA 

EASTERN DIVISION 

Civil Action No. 4-96-CV-104-BO(3) 

MARTIN CROMARTIE, et al., 

Plaintiffs, 

V. 

DEFENDANTS’ MOTION FOR A STAY 
(Rule 62) 

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

Defendants. 

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Defendants, pursuant to Rule 62 of the Federal Rules of Civil Procedure, respectfully request 

the Court to stay its March 7, 2000 Opinion, order, and injunction so that the congressional elections 

process which has already begun may continue as scheduled and so that irreparable injuries to the 

State, to the public interest, to the voters and to the candidates may be avoided. Because of the 

urgency of this matter, defendants respectfully request the Court to act on this motion immediately. 

In support of this motion, defendants rely on their Emergency Application For Stay, which 

is being simultaneously filed with the United States Supreme Court because of the urgency with 

which this matter must be resolved in order to avoid delay and disruption of the State’s congressional 

primaries. A copy of that Emergency Application is attached hereto. Especially pertinent to this 

motion are the numerous cases cited in Emergency Application in which courts have permitted 

elections to go forward even after districting plans have been invalidated. 

 



Respectfully submitted, this the 10th day of March, 2000. 

  

MICHAEL F. EASLEY 

ATTORNEY GENERAL 

A po~ 
Edwin M. Speas, Jr. 

Chief Deputy Attorney General 

N.C. State Bar No. 4112 

iare B. Smiley dr 

Special Deputy Attorney eral 

N. C. State Bar No. 7119 

Pn Till 
Norma S. Harrell 

Special Deputy Attorney General 
N.C. State Bar No. 6654 

  

  

  

N.C. Department of Justice 

P.O. Box 629 

Raleigh, N.C. 27602 

(919) 716-6900 

 



CERTIFICATE OF SERVICE 

  

This is to certify that I have this day served a copy of the foregoing Defendants’ Motion for 

a Stay in the above captioned case upon all parties by fax and 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 A. Cox 

NAACP Legal Defense & Educational Fund, Inc. 
1444 1 Street NW, 10 Floor 

Washington, DC 20005 

ATTORNEYS FOR DEFENDANT-INTERVENORS 

iu 3. By Lug 
This the 10th day of March, 2000. 

  

Tiare B. Smiley 

Special Deputy Attorney al

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