Fax From Smiley to Cox and Stein RE: Proposed Cromartie Discovery Plan

    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. 

& 
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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. 

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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 

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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 

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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