Letter to Judge Boyle from Smiley RE: Pretrial Order
Correspondence
October 19, 1999

5 pages
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Case Files, Cromartie Hardbacks. Letter to Judge Boyle from Smiley RE: Pretrial Order, 1999. 1b6b7d23-f80e-f011-9989-7c1e5267c7b6. LDF Archives, Thurgood Marshall Institute. https://ldfrecollection.org/archives/archives-search/archives-item/e0b0bbd5-19df-4005-b7cc-74062258b5dd/letter-to-judge-boyle-from-smiley-re-pretrial-order. Accessed July 16, 2025.
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State of North Carolina MICHAEL F. EASLEY Department of Justice ATTORNEY GENERAL P.O. BOX 629 REPLY TO: Tiare B. Smiley RALEIGH Special Litigation 37602-0620 (919) 716-6900 FAX: (919) 716-6763 October 19, 1999 The Honorable Terrence W. Boyle, Chief Judge VIA FACSIMILE AND U.S. MAIL United States District Court 306 East Main St. Elizabeth City, NC 27907 Re: Cromartie v. Hunt Pretrial Order Dear Judge Boyle: Counsel for the parties have met and begun making arrangements to prepare a pretrial order for the trial of this case. We are cooperatively trying to work out a reasonable schedule which will allow us to exchange materials and produce a final pretrial order in the compressed time frame we are working under in this case. We are taking the liberty of jointly proposing what the parties agree is a workable arrangement under the circumstances of this case, and present it here for your consideration. First, we would propose filing a final pretrial order midday on Friday, October 29, 1999, with the trial scheduled to commence on Monday, November 1, 1999. Counsel have come to agreement on a series of interim dates that will allow time to prepare and exchange the various materials which make up the final pretrial order in order to meet the proposed filing deadline. Second, we would propose roughly following the format of the pretrial order in Shaw. In that case, the parties were not required to present proposed findings of fact until after the trial. Arrangements are already being made to have daily transcripts, which will allow the parties to prepare their proposals in a reasonable time frame. Third, with regard to exhibits, we propose assigning exhibit numbers as follows: 1 to 99 Deposition Exhibits (There are about 85 deposition exhibits in total.) 100 to 199 Maps and Stipulated Statistical or Other Exhibits 200 to 299 Plaintiffs’ Exhibits 300 to 399 Defendants’ Exhibits 400 to 499 Defendant-Intervenors’ Exhibits Finally, the parties would appreciate the flexibility of not having to designate deposition The Honorable Terrence W. Boyle, Chief Judge October 19, 1999 Page 2 testimony until after the trial when the proposed findings of fact are due. The parties would be allowed three days in which to file any objections to deposition designations. The parties anticipate that allowing this leeway will limit unnecessary over designation of deposition testimony. We hope the proposals outlined above provide an acceptable plan of action and address any concerns the Court might have. Sincerely, le RE ~—="""Tiare B. Smiley Special Deputy Attorney General TBS/fa cel Todd Cox Adam Stein Robinson O. Everett MICHAEL F. EASLEY Department of Justice ATTORNEY GRNERAL P.O. BOX 629 REPLY TO: Tiare B. Smiley RALEIGH Special Litigation FAX: (919) 716-6763 October 19, 1999 The Honorable Terrence W. Boyle, Chief Judge VIA FACSIMILE AND U.S. MAIL United States District Court 306 East Main St. Elizabeth City, NC 27907 Re: Cromartie v. unt Pretrial Order Dear Judge Boyle: Counsel for the parties have met and begun making arrangements to prepare a pretrial order for the trial of this case. We are cooperatively trying to work out a reasonable schedule which will allow us to exchange materials and produce a final pretrial order in the compressed tune frame we are working under in this case. We are taking the liberty of jointly proposing what the parties agree is a workable arrangement under the circumstances of this case, and present it here for your consideration. First, we would propose filing a final pretrial order midday on Friday, October 29, 1999, with the trial scheduled to commence on Monday, November 1, 1999. Counsel have come to agreement on a series of interim dates that will allow time to prepare and exchange the various materials which make up the final pretrial order in order to meet the proposed filing deadline. Second, we would propose roughly following the format of the pretrial order in Shaw. In that case, the parties were not required to present proposed findings of fact until after the trial. Arrangements are already being made to have daily transcripts, which will allow the parties to prepare their proposals in a reasonable time frame. Third, with regard to exhibits, we propose assigning exhibit numbers as follows: 1 to 99 Deposition Exhibits (There are about 85 deposition exhibits in total.) 100 to 199 Maps and Stipulated Statistical or Other Exhibits 200 to 299 Plaintiffs’ Exhibits 300 to 399 Defendants’ Exhibits 400 to 499 Defendant-Intervenors’ Exhibits Finally, the parties would appreciate the flexibility of not having to designate deposition Z0'4d 85:51 66. 61 330 $92991.616: XE 1 THIA4S 90. ON The Honorable Terrence W. Boyle, Chief Judge October 19. 19990 Page 2 testimony until after the trial when the proposed findings of fact are due. The parties would be allowed three days in which to file any objections to deposition designations. The parties anticipate that allowing this leeway will limit unnecessary over designation of deposition testimony. We hope the proposals outlined above provide an acceptable plan of action and address any concerns the Court might have. Sincerely, \ hi PD (de /), Tiare B. Smiley Special Deputy Attorney General TBS/fa ce: Todd Cox Adam Stein Robinson OQ. Everett ¢0°d 6G:G1 6b. 61 330 $929914616: XB S 115) WI03d4S od ON MICHAEL F. EASLEY Department of Justice : ATTORNEY GENERAL P.O. BOX 629 REPLY TO: Tiare B. Smiley Special Litigation RALEIGH EAs as (919) 716-6800 27002-0020 FAX: 919) 716-6763 TELECOPIER TRANSMITTAL SHEET TO: The Honorable Terrence W. Boyle, Chief Judge Fax #: (252) 338-2471 Todd Cox Fax #: (202) 682-1312 Adam Stein Fax #: (919) 967-4953 Robinson O. Everett Fax #: (919) 682-5469 FROM: Tiare B. Smiley, Special Deputy Attorney General TELEPHONE NUMBER: (919) 716-6900 DATE: October 19, 1999 SUBJECT: Attachment NUMBER OF PAGES INCLUDING TRANSMITTAL SHEET: 3 CONFIRM RECEIPT OF DOCUMENTI(S) IF MARKED HERE: COMMENTS: CONFIDENTIALL THE INFORMATION CONTAINED IN THIS FACSIMILEMESSAGE IS LEGALLY PRIVILEGED AND CONFIDENTIAL INFORMATION INTENDED ONLY FOR THE USE OF THE INDIVIDUAL OR ENTITY NAMED ABOVE. 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