Plaintiffs' Response to Defendant-Intervenor Wood's Motion to Compel Discovery from Plaintiffs; Proposed Order Denying Motion

    LAW OFFICES OF 

TEXAS RURAL LEGAL AID, INC. 
201 NORTH ST. MARY'S ST., SUITE 600 

SAN ANTONIO. TEXAS 78205 
(512) 222-2478 

July 10, 1989 

John D. Neil 
Deputy United States Clerk 
P. O, Box 1774 
Midland, Texas 79702 

Re: LULAC et al. v Mattox et al. 
Civil Action No. MO-88-CA-154 

Dear Mr. Neil: 

I am enclosing an original and two copies of Plaintiffs’ Response to Defendant-Intervenor Wood’s Motion to Compel Discovery from Plaintiffs . Could you please file this Response at your 
convenience? 

Also, I am enclosing a stamped, self-addressed return envelope. Could you please filemark one of the copies of this document and 
return it to me? 

In advance, thank you for your assistance. 

Sincerely yours, 
/ 

/ 

< Susan Finkelstein 

Staff Attorney 

certified, return receipt requested 

xc: all counsel of record (Certified) 

 



  

IN THE UNITED STATES DISTRICT COURT 
FOR THE WESTERN DISTRICT OF TEXAS 

MIDLAND-ODESSA DIVISION 

LULAC, et al., 

Plaintiffs, 

vs. 
NO. MO-88-CA-154 

MATTOX, et al., 

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Defendants. 

PLAINTIFFS’ RESPONSE TO DEFENDANT-INTERVENOR WOOD'S 
MOTION TO COMPEL DISCOVERY FROM PLAINTIFFS 

TO THE HONORABLE COURT: 

Defendant-Intervenor Wood has filed a Motion to Compel 

Discovery from Plaintiffs. She asked the Court to order Plaintiffs 

to respond to her First Set of Interrogatories and her First 

Request for Production. This Motion is improper because the 

Plaintiffs have already responded to these two discovery requests. 

Exhibit 1. 

THEREFORE, Plaintiffs request that the Court deny Wood's 

Motion to Compel Discovery from Plaintiffs. 

Dated: July 10, 1989 

Respectfully submitted: 

GARRETT, THOMPSON & CHANG 
ATTORNEYS AT LAW 
A Partnership of Professional 
Corporations 

 



  

William L. Garrett 
Brenda Hull Thompson 
8300 Douglas #800 
Dallas, Texas 75225 
(214)369-1952 
LEAD COUNSEL 

ROLANDO L. RIOS 
ATTORNEY AT LAW 
201 N. St. Mary's #521 
San Antonio, Texas 78205 
(512)222-2102 

SUSAN FINKELSTEIN 
STAFF ATTORNEY 
TEXAS RURAL LEGAL AID, INC. 
201 N. St. Mary's #600 
San Antonio, Texas 78205 
(512)222-2478 

/ . 

BY: 7 pL ET leh 
ATTORNEY FOR PLAINTIFFS 
  

CERTIFICATE OF SERVICE 
  

I, Susan Finkelstein, do hereby certify that a true and 

correct copy of Plaintiffs’ Response to Defendant-Intervenor Wood's 

Motion to Compel Discovery from Plaintiffs has been mailed via 

certified mail with correct postage to: 

ATTORNEY 

Plaintiff - Intervenors 
  

Edward B. Cloutman, III 
MULLINAX, WELLS, BAAB & 

CLOUTMAN, P. C. 
3301 Elm 
Dallas, TX 75226-9222 
214/939-9222 FAX: 214/939-9229 

REPRESENTING 

  

Jesse Oliver 
Joan Winn White 
Fred Tinsley 

 



  

E. Brice Cunningham 
Attorney at Law 
777 S. R. L. Thornton Fwy, Suite 121 
Dallas, TX 75203 
214/428-3793 

Julius Levonne Chambers 
Sherrilyn A. Ifill 
NAACP Legal Defense & Educational 

Fund, Inc. 
99 Hudson St., 16th floor 
New York, NY 10013 
212/219-1900 

Gabrielle K. McDonald 
MATTHEWS & BRANSCOMB 
301 Congress Ave., Suite 2050 
Austin, TX 78701 
512/320-5055 

Defendants 

  

Jim Mattox 
Mary F. Keller 
Renea Hicks 
Javier Guajardo 
Attorney General’s Office 
P. O. Box 12548 
Austin, TX 78711 
512/463-2085 

Defendant-Intervenors 
  

J. Eugene Clements 
E. O'Neill 
Evelyn V. Keys 
PORTER & CLEMENTS 
700 Louisiana, Suite 3500 
Houston, TX 77002-2730 
713/226-0600 

Darrell Smith 
Attorney at Law 
10999 Interstate Highway 10, 
Suite 905 
San Antonio, TX 78230 
512/641-9944 

Jesse Oliver 

Joan Winn White 

Fred Tinsley 

Houston Lawyers Assn. 
Francis Williams 
Rev. William Lawson 

Houston Lawyers Assn. 
Francis Williams 
Rev. William Lawson 
Texas Legislative 

Black Caucus 

All Defendants 

Judge Sharolyn Wood 
of Harris County 

Judge Sharolyn Wood 
of Harris County 

 



  

Michael J. Wood Judge Sharolyn Wood Attorney at Law of Harris County 440 Louisiana, Suite 200 
Houston, TX 77002 
713/228-5105 

Mark H. Dettman Midland County & County Attorney District Judges P. O. Box 2559 
Midland, TX 79702 
915/688-1084 

Ken Oden Travis County District Travis County Attorney Judges 
P. O. Box 1748 
Austin, TX 78767 
512/473-9415 

David R. Richards Travis County District Special Counsel Judges 
600 W. 7th St. 
Austin, TX 78701 

Robert H. Mow, Jr. Judge Harold Entz HUGHES & LUCE of Dallas County 2800 Momentum Place 
1717 Main St. 
Dallas, TX 75201 
214/939-5500 

each at the correct address on this 10th day of July, 1989. 

   
  of ATTORNEY FOR PLAINTIFF 

 



  

UNITED STATES DISTRICT COURT 
WESTERN DISTRICT OF TEXAS 
MIDLAND/ODESSA DIVISION 

LULAC COUNCIL #4434, et al,, 
Plaintiffs, 

MO 88 CA 154 WILLIAM CLEMENTS, et al., 

§ 
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§ 

VS. 
§ Civil Action No. 
§ 
§ 

Defendants. § 

Defendant-intervenor Wood's First Set of Interrogatories and Request for Production of Documents is directed to LULAC Councils 4434 and 4451, James Fuller, LULAC Statewide and Christina Moreno. Since LULAC Councils 4434 and 4451, James Fuller and Christina Moreno have no contact in Harris County (where Wood resides), they make no response to this discovery request. Plaintiff LULAC (statewide) makes the following responses only as to Harris County: 

Richard Engstrom 
University of New Orleans 
Political Science Department 
New Orleans, LA 70148 

Testimony concerning minority voting behavior and white voting bloc in Harris and Dallas Counties. 

Robert Brischetto 
Southwest Voter Research Institute 
403 E. Commerce, Suite 260 
San Antonio, Texas 78205 

Testimony concerning minority voting behavior and white voting bloc in all areas at issue in this case except Harris and Dallas Counties, 

Richard Reyna 
4203 Woodcock 
Suite 103 
San Antonio, Texas 78228 

Testimony concerning socio-economic stratification in all areas at issue in this case. 

If LULAC statewide decides to call other expert witnesses, Defendant intervenor Wood will promptly be notified in accordance with F.R. Civ. P. 26. 

  

  

   

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PLAINTIFF'S 
EXHIBIT 

Reaponacts UW 

   



  

a) See 1980 Census, PC80 - 1 - C45: General Social & Economic Characteristics Tables 175 & 182. 

b) See 1980 Census Voting .Age Population by Census Tract; Texas State Data Center, Department of Rural Sociology, Texas A & M , Phone # (409) 845- 5332. 
Sv 

¢) Dr. Richard Murry's precinct data furnished to you by Sherrilyn Ifill. 

The resumes of the experts are attached. They state the experts’ qualifications. 

RESPONSE TO INTERROGATORY NO, 3: 

The membership of LULAC Statewide in Harris County is not discoverable - NAACP vy, Alabama, 357 U.S. 449 (1958). It has no officers in Harris County. 

a) See all local judicial election results from 1980 to present. 

b) See 1980 Census, PC80 - 1 - C45: General Social & Economic Characteristics Tables 175 & 182. 

¢) See 1980 Census Voting Age Population by Census Tract; Texas State Data Center, Department of Rural Sociology, Texas A & M , Phone # (409) 845- 5332. 
: 

d) Dr. Richard Murry's precinct data furnished to you by Sherrilyn Ifill. 

RESPONSE TO INTERROGATORY_NO, 4: 

The history of past discrimination, and with its lingering effects of socio- economic stratification, combined with the reality of polarized voting means that the present system of clecting district court judges effectively prevents the minority community from clecting candidates of their choice to the district court bench in Harris County. 

RESPONSE TO REQUEST FOR PRODUCTION NO. 3: 

a) See 1980 Census, PC80 - 1 - C45: General Social & Economic Characteristics 
Tables 175 & 182. 

b) See 1980 Census Voting Age Population by Census Tract; Texas State Data 
Center, Department of Rural Sociology, Texas A & M , Phone # (409) 845- 
5332. 

c) Dr. Richard Murry's precinct data furnished to you by Sherrilyn Ifill. 

 



  

Members of LULAC statewide who reside in Harris County have been denied the right to elect state district judges of their choice because the history of past discrimination, combined with its lingering present effects of socio-economic stratification, and the existing system of clecting district court judges causes the votes of minorities to be submerged in Harris County. Co 

RESPONSE TO REQUEST FOR PRODUCTION NO. 4: 

a) See 1980 Census, PC80 - 1 - C45: General Social & Economic Characteristics Tables 175 & 182. 

b) See 1980 Census Voting Age Population by Census Tract; Texas State Data Center, Department of Rural Sociology, Texas A&M, Phone # (409) 845- 5332. 

¢) Dr. Richard Murry's precinct data furnished to you by Sherrilyn Ifill, 

The system of electing district court judges in Harris County is a result from an intent to discriminate against Blacks and/or Hispanics. 

Plaintiffs do not possess such documents. 

(a.) No. 

(c.) This pertains to a matter of remedy, which is not properly at issue at this point in litigation. 

To the extent that this pertains to remedy, this request is premature and LULAC statewide does not respond. To the extent that this pertains to Gingles 1, the 
documents are as follows: 

a) See 1980 Census, PC80 - 1 - C45: General Social & Economic Characteristics Tables 175 & 182. 
, 

b) See 1980 Census Voting Age Population by Census Tract; Texas State Data 
Center, Department of Rural Sociology, Texas A & M » Phone # (409) 845- 
5332. | wl 

c) Dr. Richard Murry's precinct data furnished to you by Sherrilyn Ifill. 

 



  

RESPONSE TQ REQUEST FOR PRODUCTION NO. 7:   

LULAC statewide does not possess documents that fully respond to this request. All responsive documents, however, are available as follows: 

a) See 1980 Census, PC80 - 1 - C45: General Social & Economic Characteristics Tables 175 & 182. 
ms 

b) See 1980 Census Voting Age Population by Census Tract; Texas State Data Center, Department of Rural Sociology, Texas A & M » Phone # (409) 845- 5332. 
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c) Dr. Richard Murry's precinct data furnished to you by Sherrilyn Ifill. 
d) See information center at State Bar office in Austin, Texas for list of attorneys in Harris County. 

Also, this request deals with the issue of remedy, which is not properly at issue at this point in litigation. 

LULAC statewide does not possess such documents. 

a) See 1980 Census, PC80 s 1 - C45: General Social & Economic Characteristics Tables 175 & 182. 

b) See 1980 Census Voting Age Population by Census Tract; Texas State Data Center, Department of Rural Sociology, Texas A & M » Phone # (409) 845. 5332. 

c) Dr. Richard Murry's precinct data furnished to you by Sherrilyn Ifill. 

See response to Request for Production #6. The maps, which are available for inspection, are the best description of locations of potential districts. 

a) See 1980 Census, PC80 - 1 - C45: General Social & Economic Characteristics Tables 175 & 182. 

b) See 1980 Census Voting Age Population by Census Tract: Texas State Data Center, Department of Rural Sociology, Texas A & M , Phone # (409) 845- 5332. 

c) Dr. Richard Murry's precinct data furnished to you by Sherrilyn Ifill. 

 



  

RESPONSE TQ REQUEST FOR PRODUCTION NO. 11 

a) 

b) 

Cc) 

See 1980 Census, PC80 - 1 - C45: General Social & Economic Characteristics Tables 175 & 182. 2a 

See 1980 Census Voting Age Population by Census Tract; Texas State Data Center, Department of Rural Sociology, Texas A & M » Phone # (409) 845. 5332. : T He 

Dr. Richard Murry's precinct data furnished to you by Sherrilyn Ifill, 

a) 

b) 

c) 

See 1980 Census, PC80 - 1 - C45: General Social & Economic Characteristics Tables 175 & 182. 

See 1980 Census Voting Age Population by Census Tract; Texas State Data Center, Department of Rural Sociology, Texas A & M , Phone # (409) 845. 5332. | 

Dr. Richard Murry's precinct data furnished to you by Sherrilyn Ifill. 

Also, see list of judges included in Plaintiffs’ Second Amended Complaint. 

RESPONSE TO REQUEST FOR PRODUCTION NO. 1% 
a) 

b) 

a) 

b) 

See 1980 Census, PC80 - 1 - C45: General Social & Economic Characteristics Tables 175 & 182. 

See 1980 Census Voting Age Population by Census Tract; Texas. State Data Center, Department of Rural Sociology, Texas A & M » Phone # (409) 845. 5332. 

Dr. Richard Murry's precinct data furnished to you by Sherrilyn Ifill. 

See 1980 Census, PC80 - 1 - C45: General Social & Economic Characteristics Tables 175 & 182. 

See 1980 Census Voting Age Population by Census Tract: Texas State Data Center, Department of Rural Sociology, Texas A & M , Phone # (409) 845- 5332. 

Dr. Richard Murry's precinct data furnished to you by Sherrilyn Ifill. 

 



  

a) See 1980 Census, PC80 - 1 - C45: General Social & Economic Characteristics Tables 175 & 182. 

b) See 1980 Census Voting Age Population by Census Tract; Texas State Data Center, Department of Rural Sociology, Texas A & M , Phone # (409) 845- 5332. 
na 

LL 

c) Dr. Richard Murry's precinct data furnished to you by Sherrilyn Ifill. 
N . ' 

RESPONSE TO REQUEST FOR PRODUCTION NO. 16: a 

a) See 1980 Census, PC80 - 1 - C45: General Social & Economic Characteristics Tables 175 & 182. 

b) See 1980 Census Voting Age Population by Census Tract; Texas State Data Center, Department of Rural Sociology, Texas A & M, Phone # (409) 845- 5332. 

c.) Dr. Richard Murry's precinct data furnished to you by Sherrilyn Ifill, 

RESPONSE TO INTERROGATORY NO, 9; 

El Paso County and Bexar County are included in this lawsuit. No client requested that the lawsuit include other counties. 

This lawsuit only addresses the rights of minorities in the targeted counties. The reason for this is no client requested that the lawsuit include other counties. 

RESPONSE TO REQUEST FOR PRODUCTION NO. 17:   

a) See 1980 Census, PC80 - 1 - C45: General Social & Economic Characteristics 
Tables 175 & 182. 

b) See 1980 Census Voting Age Population by Census Tract; Texas State Data Center, Department of Rural Sociology, Texas A & M, Phone # (409) 845- 5332. 

c) Dr. Richard Murry's precinct data furnished to you by Sherrilyn Ifill, 

Plaintiffs do not possess such documents. 

 



  

RESPONSE TO INTERROGATORY NO, 11: 

Generally, Black and Hispanic voters vote for Black and Hispanic candidates and polarization prevents these candidates from winning. 

RESPONSE TO REQUEST FOR PRODUCTION NO, 19: 

a) See 1980 Census, PC80 - 1 - C45: General Social & Economic Characteristics - Tables 175 & 182. 

b) See 1980 Census Voting Age Population by Census Tract; Texas State Data Center, Department of Rural Sociology, Texas A & M » Phone # (409) 845- 5332. 

c) Dr. Richard Murry's precinct data furnished to you by Sherrilyn Ifill. 

(a) Yes. Election results suggest that minority candidates carry the minority precincts and do not carry the non-minority precincts. (b) Analysis on this issue is not complete. 

RESPONSE TO REQUEST FOR PRODUCTION NO, 20: 

a) See 1980 Census, PC80 - 1 - C45: General Social & Economic Characteristics 
Tables 175 & 182. 

b) See 1980 Census Voting Age Population by Census Tract; Texas State Data Center, Department of Rural Sociology, Texas A & M, Phone # (409) 845- 5332. 

¢) Dr. Richard Murry's precinct data furnished to you by Sherrilyn Ifill. 

a) See 1980 Census, PC80 - 1 - C45: General Social & Economic Characteristics : Tables 175 & 182. 

b) See 1980 Census Voting Age Population by Census Tract; Texas State Data 
Center, Department of Rural Sociology, Texas A & M, Phone # (409) 845- 
5332. 

c) Dr. Richard Murry's precinct data furnished to you by Sherrilyn Ifill. 

RESPONSE TQ INTERROGATORY NO, 13, 

LULAC statewide does not answer this interrogatory at this time because it 
applies to remedy, which is not at issue at this stage of this case. 

 



  

RESPONSE TO INTERROGATORY, NO. 14: 
This lawsuit does not address the issue of venue in Texas district courts. 

Dated: July 6, 1989 Respectfully 

ROLANDO L. RIOS 
Attorney. for Plaintiffs 
201 N. St. Mary's, Suite 521 
San Antonio, Texas 78205 
(512) 222-2102 
State Bar No. 16935900 

CERTIFICATE OF SERVICE 

I hereby certify that on this 6th day of July, 1989 a true and correct copy of 

WILLIAM L. GARRETT 
BRENDA HULL THOMPSON 
Garrett, Thompson & Chang 
8300 Douglas, Suite 800 
Dallas, Texas 75225 

JULIUS L. CHAMBERS 
SHERRILYN A. IFILL 
NAACP Legal Defense & Educational 

Fund, Inc. 
99 Hudson Street, 16th Floor 
New York, N.Y. 10013 

SUSAN FINKELSTEIN 
Texas Rural Legal Aid, Inc. 
201 N. St. Mary's, Suite 600 
San Antonio, Texas 78205 

EDWARD B. CLOUTMAN s 1 
Mullinax, Wells, Baab & Cloutman, P.C. 
3301 Elm 
Dallas, Texas 75226-9222 

the above and foregoing document was mailed to counsel of record in this case by first class United States mail, postage pre-paid, addressed as follows: 

J. EUGENE CLEMENTS 
JOHN E. O'NEILL 
EVELYN V. KEYS 
PORTER & CLEMENTS 
700 Louisiana, Suite 3500 
Houston, Texas 77002-2730 

MICHAEL J. WOOD 
Attorney at Law 
440 Louisiana, Suite 200 
Houston, Texas 77002 

GABRIELLE K. McDONALD, Esq. 
Matthews & Branscomb 
301 Congress, Avenue 

suite 2050 
Austin, Texas 78701 

ROBERT H. MOW, Jr. 
Hughes & Luce 
2800 Momentum Place 
1717 Main Street 
Dallas, Texas 75201 

 



  

JIM MATTOX 
MARY F. KELLER 
RENEA HICKS 
JAVIER GUAJARDO 
P.O. Box 12548 
Captial Station 
Austin, Texas 78701 

Ken Oden, Esq. 
Travis County Attorney 
P.O. Box 1748 
Austin, Texas 78767 

Mark H. Dettman 
Attorney at Law 
P.O. Box 2559 
Midland, Texas 79702 

E. BRICE CUNNINGHAM, Esq. 
777 So. R.L. Thornton Freeway 
Suite 121 
Dallas, Texas 75203 

David R. Richards, Esq... . 
Special Counsel 
600 W. 7th Street 
Austin, Texas 78701 

Darrell Smith, Esq. 
Attorney at Law 
10999 Interstate Highway 10, 
Suite 905 
San Antonio, Texas 78230 

Gp THC 
  

ROLANDO L. RIOS 
Attorney for Plaintiffs 

 



  

IN THE UNITED STATES DISTRICT COURT 
FOR THE WESTERN DISTRICT OF TEXAS 

MIDLAND-ODESSA DIVISION 

LULAC, et al., 

Plaintiffs, 

VS. NO. MO-88-CA-154 

MATTOX, et al., 

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Defendants. 

ORDER DENYING DEFENDANT-INTERVENOR WOOD'S 
MOTION TO COMPEL DISCOVERY FROM PLAINTIFFS 

Defendant-Intervenor Wood has asked this Court to order the 

Plaintiffs to respond to her First Set of Interrogatories and First 

Request for Production of Documents. This is not necessary because 

Plaintiffs have already responded to these two discovery requests. 

THEREFORE, Defendant-Intervenor Wood's Motion to Compel Discovery 

from Plaintiffs is DENIED. 

  

Done this day of » 1989 at Midland, Texas. 

  

UNITED STATES DISTRICT JUDGE 

 



  

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