Correspondence from Hodgkiss to Berrien with Unfiled Motion to Amend and Add Plaintiffs and Order

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85/19/04 13:56 igen: © dit 2 12122267592 » NO.B817 

FAX TRANSMISSION 
FERGUSON, STEIN, WALLAS, ADKINS, GRESHAM & SUMTER, P.A. 

© 74) KENILWORTH AVENUE 

CHARLOTTE, NORTH CAROLINA 28204 

704-375-846 | 

Fax: 704-334-3854 

To: Jackie Berrien Date: January 5, 1998 

Fax #: 212-226-7592 Pages: 4 including this cover sheet. 

From: Anita Hodgkiss 

Subject: Cromartie v. Hunt Client Code: 

COMMENTS: 

I am trying to figure out whether or not we should oppose this motion to add new plaintiffs. The 

motion does not even identify which congressional district they live in. I will talk to Eddie Speas 

and get back to you about this. Eddie expects that a motion for preliminary injunction will be 

filed today in the Daly case. The State is not opposing the Motion to Amend. It 1s being filed to 

avoid the res judicata argument for the First District. The plaintiffs live in the First. 

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85/19/60 13:56 Laie Yo 3 12122267592 NO.@17 a2 

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EVERETT & EvererT * Po - 
ATTORNEYS AND COUNSELORS AT LAW | . 

SUITE 300 . ’ DEC ? : 

R.O. EVERETT (1878-1971) 301 W. MAIN STREET 

HERINE R. EVERETT 1 . bo 

thy Roy inarie P.O. BOX soe ay oni 
DAWN T. BATTISTE DurHAM, NOATH CaRouina 27702 C : TEL: (513) 632-561 

SANDRA G. HERRING font FAX: (819) 682-5469 

  

OF COUNSEL 
ROBERT D. HOLLEMAN 

December 22, 1997 

David WV. Daniel 

Clerk of Court 

P.O. Bax 25670 
Raleigh, North Carolina 27611 

Re: Cromartie et. al vs. Hunt 4:96- CV-104 

Dear Mr. Daniel: 

[ enclose herewith for filing a motion to further amend the Amended Complaint by 

adding two persons as plaintiffs, Robert Weaver and Joel K. Bourne, together with 

certificate of service and proposed order. 

Please return a file-stamped copy. 

Sincerely. 

Wirun 4; Wo 
Robinson O. Everett 

\ p= aa 13:09 : 704 334 5654 PAGE. 02 
 



      

B5/1S,080 13:55 FERGUS TEIN + 12122267932 EM NO.@17 (a3 

UNITED STATES DISTRICT COURT 

EASTERN DISTRICT OF NORTH CAROLINA 

RALEIGH DIVISION 

N Civil Action No. 4:96-CV-104 

MARTIN CROMARTIE, THOMAS 
CHANDLER MUSE, R.O. EVERETT, 
J.H. FROELICH, JAMES RONALD 
LINVILLE, SUSAN HARDAWAY, 

Plaintiffs, 

VS. 

) 
) 
) 
) 
) 
) 
) 
) 
) 
) 

JAMES B. HUNT, JR., in his official capacity ) 

As Governor of the State of North Carolina, ) 

DENNIS WICKER in his official capacity as ) MOTION TO 

Lieutenant Governor of the State of North ) AMEND AND ADD 

Carolina, HAROLD BRUBAKER in his ) PLAINTIFFS 

official capacity as Speaker of the North ) 

Carolina House of Representatives, ELAINE ) 

MARSHALL in her official capacity as ) 

Secretary of the State of North Carolina, and ) 

LARRY LEAKE, S. KATHERINE BURNETTE, ) 

FAIGER BLACKWELL, DOROTHY PRESSER ) 

and JUNE YOUNGBLOOD in their ) 

Capacity as the North Carolina Board of ) 

Elections, ) 

) 
) Defendants 
  

  

Pursuant to Rule 15 (a) of the Federal Rules of Civil Procedure, Plaintiffs 

respectfully move the Court for leave to amend their Amended Complaint by the addition 

of two additional plaintiffs, Robert Weaver and Joel K. Bourne, who are registered voters 

in Edgecombe County so that paragraph one of the Amended Complaint would read as 

follows: 

i] Plaintiffs Martin Cromartie, Thomas Chandler Muse, Robert Weaver, and 

Joel K. Boume are citizens and residents of Edgecombe County, North Carolina; Plaintiff 

R. O. Everett is a citizen and resident of Rowan County, North Carolina, Plaintiff J. H. 

Froelich. Jr. is a citizen and resident of Guilford County, North Carolina; Plaintiff James 

Ronald Linville is a citizen and resident of Forsyth County, North Carolina; and Plaintiff 

Susan Flardaway is a citizen and resident of Mecklenburg County, North Carolina. All 

the plaintiffs are registered voters.” 

 



    

85/19/00 13:56 FERGUSI TEIN =» 12122267592 ® NO.@17 

Respectfully submitted, 

fll = 
Robinson O. Everett 

Attorney for Plaintiffs 
301 West Main Street; Suite 300 

Durham, North Carolina 27701 

Telephone: (919) 682-5691 

CERTIFICATE OF SERVICE 

This is to certify that I have this day served a copy of the foregoing Motion to 

Amend and Add Plaintiffs by depositing these documents in the United States mail, first - 

Class mail, postage prepaid addressed as follows: 

ATTORNEY FOR THE DEFENDANTS 

Edwin Speas, Jr. 
Senor Deputy Attorney General 

N.C. Department of Justice 
114 West Edenton Street 

P.O. Box 629 
Raleigh, NC 27602 

ATTORNEYS FOR DEFENDANTS INTERVENORS 

Adam Stein 

Anita S. Hodgkiss 

Ferguson, Stein, Wallas, Adkins, Gresham & Sumter, P.A. 

312 West Franklin Street 

Chapel Hill, North Carolina 27516 

This the 22" day of December, 1997. 

.. VE 

  

Robinson O. Everett 

Attorney for Plaintiffs 

4 

 



: 05/19/00 dill “wi +..121 2267592 Ry pas 

UNITED STATES DISTRICT COURT 
EASTERN DISTRICT OF NORTH CAROLINA 

RALEIGH DIVISION 

Civil Action No. 4:96-CV-104 

MARTIN CROMARTIE, THOMAS 
CHANDLER MUSE, R.O. EVERETT, 
J.H. FROELICH, JAMES RONALD 
LINVILLE, SUSAN HARDAWAY, 

Plaintiffs, 

YS. 

JAMES B. HUNT, JR., in bis official capacity 

As Governor of the State of North Carolina, 

DENNIS WICKER in his official capacity as 

Lieutenant Governor of the State of North 
Carolina, HAROLD BRUBAKER in his 

official capacity as Speaker of the North 
Carolina House of Representatives, ELAINE 

MARSHALL in her official capacity as 
Secretary of the State of North Carolina, and 

LARRY LEAKE, S. KATHERINE BURNETTE, 
FAIGER BLACKWELL, DOROTHY PRESSER 
and JUNE YOUNGBLOOD in their 
Capacity as the North Carolina Board of 

Elections, 

Dcfendants 

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ORDER 

Upon Motion by Plaintiffs to amend the Amended Complaint by adding Robert 

Weaver and Joel K. Bourne as plaintiffs, 

IT IS HEREBY ORDERED that the Motion to Amend and Add Plaintiffs be granted and 

that paragraph one of the complaint be amended accordingly. 

“-. 

This the 22" day of December, 1997. 

  

District Judge