Fax From Smiley to Cox and Stein RE: Proposed Cromartie Discovery Plan
Correspondence
June 29, 1999

7 pages
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Case Files, Cromartie Hardbacks. Fax From Smiley to Cox and Stein RE: Proposed Cromartie Discovery Plan, 1999. 59d67948-e30e-f011-9989-7c1e5267c7b6. LDF Archives, Thurgood Marshall Institute. https://ldfrecollection.org/archives/archives-search/archives-item/d604289d-49d2-4757-8209-cb02483e36ba/fax-from-smiley-to-cox-and-stein-re-proposed-cromartie-discovery-plan. Accessed July 20, 2025.
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MICHAEL F. EASLEY Department of Justice ATTORNEY GENERAL P.O. BOX 629 BERLY TO: Tiare B. Smiley RALEIGH Special Litigation (919) 716-6900 v or 276030629 FAX: 919) 716-6763 TELECOPIER TRANSMITTAL SHEET TO: Adam Stein and Todd Cox FAX NUMBER; 919-967-4953 and 202-682-1312 FROM: Tiare B. Smiley, Special Deputy Attorney General < ‘ TELEPHONE NO: (919) 716-6900 DATE: June 29, 1999 SUBJECT: Cromartie Discovery Plan NUMBER OF PAGES INCLUDING TRANSMITTAL SHEET: 4 CONFIRM RECEIPT OF DOCUMENT(S) IF MARKED HERE: COMMENTS: Attached is a proposed discovery plan for Cromartie. As you can see we have decided on a fast track. Eddie really wants to have the trial in October, but even he could not tighten up my proposal any more than this (which is 15 days shorter than my first draft). This makes an October trial barely possible, especially if we can get Robinson to stipulate to the Section 2 evidence. Please note especially paragraph 8, which could help us get this case heard and decided. CONFIDENTIALITY NOTE THE INFORMATION CONTAINED IN THIS FACSIMILEMESSAGE IS LEGALLY 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 COPY OF THIS TELECOPY IS STRICTLY PROHIBITED. IF YOU HAVE RECEIVED THIS TELECOPY IN ERROR, PLEASE IMMEDIATELY NOTIFY US BY TELEPHONE AND RETURNTHE ORIGINAL MESSAGE TO US AT THE ADDRESS ABOVE. & 10°d bP:G1 66, 67 unr £9/991616: Xk 4 111 BI33d4S SY ON UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NORTH CAROIINA EASTERN DIVISION Civil Action No. 4-96-CV-104-BO(3) MARTIN CROMARTIE, ef al., ) ) Plaintiffs, ) ) V. ) ) JAMES B. HUNT, JR., in his official ) capacity as Governor of the State of North ) Carolina, et al, ) PROPOSED ) DISCOVERY PLAN Defendants, ) ) and ) ) ALFRED SMALLWOOD, et al., ) ) Defendant-Intervenors. ) Pursuant to Fed. R. Civ. P. 26, the parties, represented by Robinson O. Everett, Counsel for Plaintiffs, Tiare B. Smiley and Edwin M. Speas, Jr., Counsel for Defendants, and Adam Stein, Counsel for Defendant-Intervenorsymet on July 1, 1999, for the purpose of establishing a discovery plan. The parties agree that this rhatter should be resolved as quickly as possible in order to minimize the potential for disruption of the elections process and harm to the voters of North Carolina. Accordingly, it is stipulated that the scheduling order entered by the Court in this case should provide as follows: i. All discovery to be completed on or before September 15, 1999. Z0°d or:G1 bb: 6 ung £9/9912616: Xe 4 111 W1234S 949 ON 2 Motions to join additional parties or to amend pleadings shall be filed on or before July 30, 1999, 3: No party may serve on any other party in excess of 23 interrogatories, inclusive of subparts. 4. No party may notice in excess of 10 depositions of non-expert witnesses. 3 The identity of expert witnesses, together with their Rule 26 reports, are due on or before August 13, 1999, and such witnesses shall be made available for deposition at times and places agreeable to the parties. 6. The parties shall make a good faith effort to disclose the identity of all trial witnesses on or before August 31, 1999, together with a brief statement of what a party proposes to establish by their testimony. ( All motions, except those relating to the admissibility of evidence at trial, must be filed on or before October 1, 1999. 8. On or before October 1, 1999, the parties shall file a report with the Court agreeing to stipulations of law and fact, and to a limitation of the number of live witnesses necessary for the presentation of the case. A status conference regarding the agreement of the parties will be scheduled by subsequent order as necessary. 9. A final pre-trial conference and trial will be scheduled by the Court at the earliest possible dates. 10. Reasonable access to the public terminal with the North Carolina General Assembly’s redistricting computer system will be provided by appointment to counsel for the plaintiffs or their experts under the supervision of the Legislative Automated Systems Division (LASD) during regular 2 20d 05:51 66. 62 ung £949912616: XEA 1177 01345 90 ON business hours in the Legislative Office Building. 300 North Salisbury Street, Raleigh, North Carolina. Such access will be subject to LASD’s public access procedures, except that the extent of usage may be expanded based on availability. Thisthe = “davof Robinson OQ. Everett P.O. Box 586 Durham, N.C. 27702 Counsel for Plaintiffs Adam Stein Ferguson, Stein, Wallas, Adkins, Gresham & Sumter, PLA. 312 West Franklin Street, Suite 2 Chapel Hill, N.C. 27514 Counsel for Defendant-Intervenors +1999, MICHAEL F. EASLEY ATTORNEY GENERAL Edwin M. Speas, J Kk. Chief Deputy Attorney General Tiare B. Smiley Special Deputy Attorney General N.C. Department of Justice P.O. Box 629 Raleigh, N.C. 27602 (919) 716-6900 Counsel for Defendants FADATA\WP\SPLIT\DISTRICT\CROMARTI\PROPOSED.PLN 70d 05:51 66, 6Z Uf £99914b616: XE LIT WIA4S 90 ON SUPSEE COURT OF THE UNITED ST@ ES OFFICE OF THE CLERK WASHINGTON, DC 20543-0001 WILLIAM K. SUTER AREA CODE 202 CLERK OF THE COURT 479-3011 June 23, 1999 Clerk United States District Court for the Eastern District of North Carolina P. O. Box 25670 Raleigh, North Carolina 27611 Re: Martin Cromartie, et al. v. James B. Hunt, Jr., Governor of North Carolina, et al. No. 98-450 (Your docket No. 4:96-CV-104-BO(3)) Dear Clerk: Enclosed are a certified copy of the judgment and a copy of the opinion of this Court in the above-entitled case. Kindly acknowledge receipt on the attached copy of this letter. Sincerely, WILLIAM K. SUTER, Clerk Elizabety Brown Assistant Clerk Enc. CC: All counsel of record Solicitor General SUP Q COURT OF THE INTEC @F° A) OFFICE OF THE CLERK WASHINGTON, DC 20543-0001 WILLIAM K. SUTER AREA CODE 202 CLERK OF THE COURT 479-3011 June 23, 1999 Robinson O. Everett, Esquire P. O. Box 856 Durham, North Carolina 27702 Re: Martin Cromartie, et al. v. James B. Hunt, Jr., Governor of North Carolina, et al. No. 98-450 Dear Mr. Everett: A certified copy of the judgment of this Court in the above-entitled case was mailed to the Clerk of the United States District Court for the Eastern District of North Carolina today. The appellants are given recovery of costs in this Court as follows: Clerk’s costs: $300.00 This amount may be collected through the United States District Court for the Eastern District of North Carolina or from opposing counsel or parties. Sincerely, WILLIAM K. SUTER, Clerk Elizabeth Brown Assistant Clerk CC: All counsel of record Solicitor General Clerk, United States District Court for the Eastern District of North Carolina (Your docket No. 4:96-CV-104-BO(3)) =k Court of the Unite @ ics No. 98-450 MARTIN CROMARTIE, ET AL., Appellants JAMES B. HUNT, JR., GOVERNOR OF NORTH CAROLINA, ET AL. ON APPEAL from the United States District Court for the Eastern District of North Carolina. THIS CAUSE having been submitted on the statement as to-jurisdiction and the motions to dismiss or affirm. ON CONSIDERATION WHEREOF, it is ordered and adjudged by this Court that the judgment from the above court is vacated with costs, and the case is remanded to the United States District Court for the Eastern District of North Carolina for further consideration in light of Hunt v. Cromartie, 526 U.S. ____ (1999). IT IS FURTHER ORDERED that appellants Martin Cromartie, et al., recover from James B. Hunt, Jr., Governor of North Carolina, et al., Three Hundred Dollars ($300.00) for costs herein expended. May 24, 1999 Clerk’s costs: $300.00