Defendants' and Defendant-Intervenors' First Request for Production of Documents with Certificate of Service

    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. 

Y. 

JAMES B. HUNT. JR.. in his official | 

capacity as Governor of the State of North 

Carolina. et al., DEFENDANTS’ AND DEFENDANT- 

INTERVENORS’ FIRST REQUEST FOR 

Defendants. PRODUCTION OF DOCUMENTS 

(Rule 34, F.R. Civ. P.) 

and 

ALFRED SMALLWOOD. et al.. 

Defendant-Intervenors. 

PLAINTIFFS. MARTIN CROMARTIE, THOMAS CHANDLER MUSE. 

LOIS WEAVER. JOEL K. BOURNE, R.O. EVERETT. J.H. FROELICH, 

JAMES RONALD LINVILLE and SUSAN HARDAWAY 

Defendants and Defendant-Intervenorsrequest Plaintiffs, pursuant to Rule 34 of the Federal 

Rules of Civil Procedure, to produce and permit Defendants and Defendant-Intervenors to inspect 

and to copy the documents described below at 9:00 a.m. on Monday, October 4, 1999, at the offices 

of the undersigned Defendants’ counsel, in Room 303 of the Sam J. Ervin, Jr., Justice Building (Old 

Education Building), 114 W. Edenton Street, Raleigh North Carolina 27603-1013. 

DEFINITIONS AND INSTRUCTIONS 
  

Plaintiffs are required to furnish all documents in their possession and all documents  



available to them. This includes all documents available to each of them. their attorney. their 

employees. and or officers and agents. by reason of inquiry including inquiry 0 f their representatives. 

"Document" refers to all items subject to discovery under Rule 34 of the Federal 

Rules of Civil Procedure. including. but not limited to. any written or recorded material of any kind. 

including the originals and all non-identical copies. whether different from the originals by reason 

of any notation made on such copies or otherwise; notations of any sort of conversations. telephone 

calls. meetings (minutes. agendas or records of meetings) or other communications of any nature: 

studies; letters. notes and correspondence: memoranda reports. tests and/or analyses: calendars and 

telephone records: publications. reports and/or summaries of interviews and reports and/or 

summaries of investigation: opinions or records of consultants. circulars and trade letters: drafts of 

anv document. and revisions of drafts of any documents: charts and all graphic or oral records or 

representations of any kind: mechanical or electronic records representations of any kind including 

tapes. cassettes. disks or records; and computer files (including e-mail records). tapes, cassettes. 

disks or records. 

 



REQUEST FOR PRODUCTION 
  

Produce copies of all prepared testimony. photo-offset conference proceedings. 

affidavits and reports prepared by your experts in connection with other voting rights proceedings. 

Produce copies of deposition or trial testimony by your experts given In connection 

with other voting rights proceedings. 
~ 

 



Produce each document identified or relied on in response to Defendants’ And 

Defendant-Intervenors First Set of [nterrogatories (including all maps). As to any map required to 

be produced. please produce all supporting data and documentation or related writings. including 

electronic communications. 

4. Produce any and all alternative congressional districting maps of which you are 

aware and which you believe would have met constitutional and Voting Rights Acts requirements 

if they had been adopted by the General Assembly in 1997. Please produce such maps, including 

all supporting data and documentation or related writings, regardless of whether they were in 

existence in 1997 or whether the General Assembly had them before it. 

 



>. Produce any and all alternative maps of one or more congressional districts. but 

  

fewer than all districts. of which you are aware and which vou believe would have met constitutional 

and Voting Rights Acts requirements if they had been adopted by the General Assembly in 1997. 

Please produce such maps regardless of whether they were in existence in 1997 or whether the 

General Assembly had them before it. 

6. Produce any writings or electronic communications that reflect the terms, conduct. 

and results of any contests involving the drawing of maps for one or more congressional districts. 

5 

 



7. Produce copies of any and all congressionaldistricting maps. includingall supporting 

  

data and documentationor related writings. whether for one or more districts or all twelve. that were 

created. produced. or provided in connection with any contests involving the drawing of maps tor 

one or more congressional districts. 

8. Produce any maps. including all supporting data and documentation or related 

writings. that were created or provided to plaintiffs and their counsel by any civic organizations, 

such as the League of Women Voters. 

 



This the 3d day of September. 1999. 

  

MICHAEL F. EASLEY 
ATTORNEY GENERAL 

£ Fr Ta, 
/ 

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/ 
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Edwin M. Speas. Jr. / 

Chief Deputy Attorney General / 

N.C. State Bar No. 4112 

Tiare B. Smiley 

Special Deputy Attorney General 

N. C. State Bar No. 7119 

Norma S. Harrell 

Special Deputy Attorney General 

N. C. State Bar No. 6634 

N.C. Department of Justice 

P.O. Box 629 

Raleigh. N.C. 27602 

(919) 716-6900 

ATTORNEYS FOR DEFENDANTS 

or Olle Tho 2 — 
Adam Stein 

Ferguson, Stein, Wallas, Adkins, 

Gresham & Sumter, P.A. 

312 W. Franklin Street, Suite 2 

Chapel Hill, NC 27516 

  

Todd Cox 

NAACP Legal Defense & Educational Fund, Inc. 

1444 1 Street NW 

Washington, DC 20005 

ATTORNEYSFORDEFENDANT-INTERVENORS 

 



’ ? » 

CERTIFICATE OF SERVICE 

  

This is to certify that [ have this day served a copy of the foregoing DEFENDANTS’ FIRST 

REQUEST FOR PRODUCTION OF DOCUMENTS in the above captioned case upon all 

plaintiffs by hand delivery to the following address: 

Robinson O. Everett 

Suite 300 First Union Natl. Bank Bldg. 

301 W. Main Street 

P.O. Box 586 

Durham. NC 27702 

ATTORNEY FOR PLAINTIFFS 

This the 3d day of September. 1999. 

ALA 
iare B. Smiley 

Special Deputy Attorney General / 

  

PRODOC1.WPD