Motion to Compel Compliance

    IN THE UNITED STATES DISTRICT COURT 
  

FOR THE SOUTHERN DISTRICT OF ALABAMA 
  

wn
 OQUTHERN DIVISION 

    

  

WILEY I.. BOLDEN, et. : CIVIL ACTION NO: 

307 75-297 -P 

Plaintiffs, 

VS. 

THE CITY OF MOBILE, et. 
8%. $ 

Defendants. : 

MOTION TO COMPEL COMPLIANCE 
  

I os amen, ~ Snow 11 i TPA tie, (URGTID OnE. SG HY OE atovae kata ad A ATIAAA Avy 
(UL W FEEL ¥ | de de nos CAL WN Ne ad) lela LA dcfonds in the 

pursuant to the provisions of Rule 37(b) (2) of the Federal 

Rules of Civil Procedure, move for an order compelling cer- 

tain named plaintiffs to comply with the order of this 

Court, filed on December 12, 1975, compelling answers to 

interrogatorieg previously propounded; or in lieu thereof, 

be prohibited at trial from the introduction of testimony 

from those named plaintiffs concerning the facts, circum- 

stances or issues dealt with in the interrogatories for 

which no response has been filed. In support of this motion, 

defendants show as follows: 

1. On December 12, 1975, this Court entered an 

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order requiring that each named plaintiff must answer cer- 

tain specific interrogatories to which objections had been 

filed, or incomplete or evasive answers rendered. 

2. On January 7, 1976, this Court, upon motion by 

plaintiffs, granted to plaintiffs an extension of time to 

January 8, 1976, in which to respond to the interrogatories 

to which answers had been ordered by this Court. 

3. Notwithstanding the entrance of said order ex- 

tending the time in which answers might be filed, the sup- 

plemental answers required by order of this Court have been: 

filed only for named plaintiffs Sherman Smith, Wiley L. | 

Bolden, and John L. LeFlore. 

Lo, On January 7, 1976, this Court entered an order 

requiring counsel for plaintiffs and defendants to confer 

on or before January 28, 1976, to prepare in writing to be 

filed a joint pre-trial document. 

5. Unless defendants are able to examine the 

responses required by this Court to be filed by the named 

plaintiffs who have not filed such answers to interroga- 

tories, as ordered by this Court, counsel for defendants 

will not be able to engage in any meaningful or knowledge- 

able stipulation of fact, or formulation of issues for 

trial, as required by this Court's pre-trial order. 

a PCR IIL SHEET REI nk 4 pay, 
  

 



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a Sf) Lik, oh J 

C.B. Arendall, Jr. I: 

30th Floor ~ First National Bank Bldg. 
Mobile, Alabama 36602 
Attorney for Defendants 

  

OF COUNSEL: 

HAND, ARENDALL, BEDSOLE, 
GREAVES & JOHNSTON 

AF £ / 7 / / oe : ( 

S.R. Sheppard 

Attorney for Defendants 

  

OF COUNSEL: 

LEGAL DEPARTMENT OF THE 

CITY OF MOBILE 

CERTIFICATE OF SERVICE 
  

I do hereby certify that I have on this 
  

, 1976, served a copy of the foregoing pleading Fy
 

3 
  

on Jack Greenberg, Esquire, James Blacksher, Esquire, and 

Edward R. Still, Esquire, counsel for plaintiffs by mailing 

a copy of the same by United States mail, properly addressed 

and first class postage prepaid. 

C.B. Arendall, Fr.   

re SPECT RO PI EEA     WOE TRE TNE