Case: Hayden v. Pataki

U. S. Court of Appeals for the Second Circuit

U. S. Court of Appeals for the Second Circuit

Order endorsed on declaration in support of request to proceed in forma pauperis; I.F.P. request is granted. ( signed by Chief Judge Michael B. Mukasey ) (bm) (Entered: 11/21/2000)

COMPLAINT filed. Summons issued and Notice pursuant to 28 U.S.C. 636(c). . (bm) (Entered: 11/21/2000)

Magistrate Judge Henry B. Pitman is so Designated. (bm) (Entered: 11/21/2000)

U.S. MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED of Summons & Complaint as to George Pataki by Richard Platkin on 12/7/00 . Answer due on 12/27/00 for George Pataki . (jp) (Entered: 12/14/2000)

U.S. MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED of Summons & Complaint as to Glenn S. Goord by William Gonzalez on 12/9/00 . Answer due on 12/29/00 for Glenn S. Goord . (jp) (Entered: 12/14/2000)

ACKNOWLEDGEMENT OF SERVICE as to Carol Berman by mail on 12/21/00. Answer due on 1/10/01 for Carol Berman. (kw) (Entered: 01/02/2001)

NOTICE of change of address by Joseph Hayden . (pl) (Entered: 01/08/2001)

ANSWER to Complaint by Carol Berman (Attorney Patricia L. Murray from the New York State Board of Elections). (sn) (Entered: 01/08/2001)

Memo-Endorsement on letter addressed to Judge McKenna from Joel Graber, dated 1/17/01. Reset answer due for 2/28/01 for Carol Berman, and for George Pataki . ( signed by Judge Lawrence M. McKenna ); Copies mailed. (kw) (Entered: 01/26/2001)

APPLICATION by Joseph Hayden for the Court to request counsel . (lf) (Entered: 02/09/2001)

AFFIDAVIT of due diligence, filed by Carlos Caballero. (jp) (Entered: 02/14/2001)

ANSWER to Complaint by George Pataki, Carol Berman, Glenn S. Goord (Attorney Joel Graber from the Firm: Attorney-General NYS) (cd) (Entered: 03/01/2001)

NOTICE of address change filed by Joseph Hayden . (yv) (Entered: 10/24/2001)

Notice of change of address filed by Joseph Hayden new location: 201 Ravine Ave. #66 Yonkers, NY 10701. (bai) (Entered: 02/27/2002)

NOTICE OF MOTION by Joseph Hayden for leave to file Amended Complaint ; Return Date not indicated (cd) (Entered: 01/17/2003)

Memo endorsed on courtesy copy of motion; granting [13-1] motion for leave to file Amended Complaint. No opposition having been received. ( signed by Judge Lawrence M. McKenna ); (kw) (Entered: 02/25/2003)

AMENDED COMPLAINT by Joseph Hayden, George Pataki, Lumumba Akinwole-Bandelle, Wilson Andino, Gina Arias, Gina Arias, Wanda Best- Deveaux, Carlos Bristol, Augustine Carmona, David Galarza, Kimalee Garner, Kimalee Garner, Mark Graham, Keran Holmes III, Chaujuantheyia Lochard, Steven Mangual, Steven Mangual, Jamel Massey, Stephen Ramon, Stephen Ramon, Nilda Rivera, Mario Romero, Jessica Sanclemente, Paul Satterfield, Barbara Scott (Answer due 3/28/03 for Glenn S. Goord, for Carol Berman, for George Pataki ); amending [2-1] complaint ; Summons issued. (pl) (Entered: 03/27/2003)

Memo endorsed on motion; mooting [9-1] motion for the Court to request counsel, counsel havings approved for plaintiff. ( signed by Judge Lawrence M. McKenna ); (pl) (Entered: 03/20/2003)

ANSWER to Complaint by Carol Berman. (kw) (Entered: 04/17/2003)

ANSWER by George Pataki to [16-1] amended complaint. (Attorney Eliot Spitzer ). (jco) (Entered: 04/17/2003)

Memo-Endorsement on letter addressed to Judge McKenna from Janai S. Nelson, dated 4/9/03. counsel for plaintiffs request that this Court decline Mr. Graber's request to stay proceedings in this case pending adjudication of other litigation. The Court does not perceive any reason to stay proceedings at this time, and declines to do so. However, any motion by defendants relating to plaintiffs' 42 U.S.C. 1973 claim may be filed within 30 days of the Second Circuit's decision in Muntaqim. The parties should otherwise proceed with motions on such reasonable schedule as they may be able to agree to, or the Magistrate Judge to whom this case will be referred will set . ( signed by Judge Lawrence M. McKenna ); (yv) (Entered: 04/21/2003)

ORDER, that any motion pursuant to FRCP 12(c) for judgment on the pleadings shall be served no later than 7/9/03; papers in opposition to any motion pursuant to FRCP 12(c) shall be served no later than 9/9/03; moving and opposition papers concerning any motion pursuant to FRCP 12(c) shall be served by hand; no later than 5/16/03 counsel for all parties shall submit letters to my chambers with their respective proposals for the scheduling of discovery in this matter . ( signed by Magistrate Judge Henry B. Pitman ); Copies mailed by chambers. (dle) (Entered: 05/14/2003)

Memo-Endorsement on letter addressed to Judge Pitman from Ianai S. Nelson, dated 5/16/03. Re: all parties request the following schedules: initial disclosures due 7/9/03; motion for class certification due 11/3/03, response due 1/5/04, reply due 1/23/04; expert discovery due 8/30/04; general discovery due 9/30/04; dispositive motions due 12/1/04, response due 1/31/05, reply due 2/28/05. The dates to when the parties agree & pltffs proposed schedule for extent disclosures are approved. Due to the extraordinarily prolonged schedule proposed above, further extensions will not be granted, except for unforeseeable emergencies. The press of other cases & vacation schedules will not justify further extensions . ( signed by Magistrate Judge Henry B. Pitman ) (db) Modified on 05/22/2003 (Entered: 05/22/2003)

Letter filed by Carol Berman addressed to Clerk's Office from Patricia L. Murray, re: address change. (yv) (Entered: 06/09/2003)

NOTICE OF MOTION by George Pataki, Carol Berman for an Order and judgment pursuant to Rule 12(c) of the FRCP, dismissing the claims in the amended complaint alleging violations of the First Amendment, the Equal Protection Clause of the Fourteenth Amendment, the Due Process Clause of the Fourteenth Amendment, the Fifteenth Amendment, 42 U.S.C. 1971(a)(1), 1971 (a)(2)(A) and 1971(a)(2)(B), and customary international law, on the grounds of a lack of federal subject-matter jurisdiction . Return Date not indicated. Affirmation of Joel Graber in support attached. (yv) (Entered: 07/11/2003)

MEMORANDUM OF LAW by George Pataki, Carol Berman in support of [23- 1] motion for an Order and judgment pursuant to Rule 12(c) of the FRCP, dismissing the claims in the amended complaint alleging violations of the First Amendment, the Equal Protection Clause of the Fourteenth Amendment, the Due Process Clause of the Fourteenth Amendment, the Fifteenth Amendment, 42 U.S.C. 1971(a)(1), 1971(a)(2)(A) and 1971(a)(2)(B), and customary international law, on the grounds of a lack of federal subject-matter jurisdiction . (yv) (Entered: 07/11/2003)

Memo-Endorsement on letter addressed to Judge McKenna from Joel Graber, dated 7/2/03: Granting defendants' request for a page limit of 50 pages, and a 20 page reply . ( signed by Judge Lawrence M. McKenna ). (tp) (Entered: 07/15/2003)

Memo-Endorsement on letter addressed to Judge McKenna from Ryan Paul Haygood, dated 8/29/03. Granting plaintiffs' request for leave to file a brief of 50 pages . ( signed by Judge Lawrence M. McKenna ); (kw) (Entered: 09/09/2003)

MEMORANDUM OF LAW by Joseph Hayden, Lumumba Akinwole-Bandelle, Wilson Andino, Gina Arias, Gina Arias, Wanda Best-Deveaux, Carlos Bristol, Augustine Carmona, David Galarza, Kimalee Garner, Kimalee Garner, Mark Graham, Keran Holmes III, Chaujuantheyia Lochard, Steven Mangual, Steven Mangual, Jamel Massey, Stephen Ramon, Stephen Ramon, Nilda Rivera, Mario Romero, Jessica Sanclemente, Paul Satterfield, Barbara Scott in opposition to [23-1] motion for an Order and judgment pursuant to Rule 12(c) of the FRCP, dismissing the claims in the amended complaint alleging violations of the First Amendment, the Equal Protection Clause of the Fourteenth Amendment, the Due Process Clause of the Fourteenth Amendment, the Fifteenth Amendment, 42 U.S.C. 1971(a)(1), 1971(a)(2)(A) and 1971(a)(2)(B), and customary international law, on the grounds of a lack of federal subject-matter jurisdiction . (djc) (Entered: 09/12/2003)

MEMORANDUM OF LAW by George Pataki, Carol Berman in support of [23- 1] motion for an Order and judgment pursuant to Rule 12(c) of the FRCP, dismissing the claims in the amended complaint alleging violations of the First Amendment, the Equal Protection Clause of the Fourteenth Amendment, the Due Process Clause of the Fourteenth Amendment, the Fifteenth Amendment, 42 U.S.C. 1971(a)(1), 1971(a)(2)(A) and 1971(a)(2)(B), and customary international law, on the grounds of a lack of federal subject-matter jurisdiction . (moc) (Entered: 09/24/2003)

NOTICE OF MOTION by Joseph Hayden, Lumumba Akinwole-Bandelle, Wilson Andino, Gina Arias, Wanda Best-Deveaux, Carlos Bristol, Augustine Carmona, David Galarza, Kimalee Garner, Mark Graham, Keran Holmes III, Chaujuantheyia Lochard, Steven Mangual, Jamel Massey, Stephen Ramon, Nilda Rivera, Mario Romero, Jessica Sanclemente, Paul Satterfield, Barbara Scott, Lillian M. Rivera for an order for a determination that this case may proceed as a class action purs. to Rules 23(a), 23(b)(2) and 23(c)(4)(B) of the FRCP . No Return Date. Received in the night deposit box on 11/3/03 at 6:09 p.m. (sb) (Entered: 11/07/2003)

MEMORANDUM OF LAW by Joseph Hayden, Lumumba Akinwole-Bandelle, Wilson Andino, Gina Arias, Wanda Best-Deveaux, Carlos Bristol, Augustine Carmona, David Galarza, Kimalee Garner, Mark Graham, Keran Holmes III, Chaujuantheyia Lochard, Steven Mangual, Jamel Massey, Stephen Ramon, Nilda Rivera, Mario Romero, Jessica Sanclemente, Paul Satterfield, Barbara Scott, Lillian M. Rivera in support of [29-1] motion for an order for a determination that this case may proceed as a class action purs. to Rules 23(a), 23(b)(2) and 23(c)(4)(B) of the FRCP. (sb) (Entered: 11/07/2003)

MEMORANDUM OF LAW in Opposition re: [29] Motion to Certify Class. Document filed by Carol Berman, Glenn S. Goord, George Pataki. (ps, ) (Entered: 01/16/2004)

REPLY MEMORANDUM OF LAW in Support re: [29] Motion to Certify Class. (NDB) Document filed by Lumumba Akinwole-Bandelle, Wilson Andino, Gina Arias, Wanda Best-Deveaux, Carlos Bristol, Augustine Carmona, David Galarza, Kimalee Garner, Mark Graham, Joseph Hayden, Keran Holmes III, Chaujuantheyia Lochard, Steven Mangual, Steven Mangual, Jamel Massey, George Pataki, Stephen Ramon, Nilda Rivera, Mario Romero, Jessica Sanclemente, Paul Satterfield, Barbara Scott. (pa, ) (Entered: 01/29/2004)

NOTICE of Rule 30(b)(6) deposition of defendant Carol Berman. Document filed by Lumumba Akinwole-Bandelle, Wilson Andino, Gina Arias, Wanda Best-Deveaux, Carlos Bristol, Augustine Carmona, David Galarza, Kimalee Garner, Mark Graham, Joseph Hayden, Keran Holmes III, Chaujuantheyia Lochard, Steven Mangual, Steven Mangual, Jamel Massey, Stephen Ramon, Lillian M. Rivera, Nilda Rivera, Mario Romero, Jessica Sanclemente, Paul Satterfield, Barbara Scott. Received in night deposit box on 2/25/04 at 5:21 p.m. (db, ) (Entered: 03/01/2004)

NOTICE of Rule 30(b)(6) deposition of defendant George Pataki, Governor of the State of New York. Document filed by Lumumba Akinwole-Bandelle, Wilson Andino, Gina Arias, Wanda Best-Deveaux, Carlos Bristol, Augustine Carmona, David Galarza, Kimalee Garner, Mark Graham, Joseph Hayden, Keran Holmes III, Chaujuantheyia Lochard, Steven Mangual, Steven Mangual, Jamel Massey, Stephen Ramon, Nilda Rivera, Mario Romero, Jessica Sanclemente, Paul Satterfield, Barbara Scott. Received in night deposit box on 2/25/04 at 5:21 p.m. (db, ) (Entered: 03/01/2004)

ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for General Pretrial. Referred to Magistrate Judge Henry B. Pitman. (Signed by Judge Lawrence M. McKenna on 4/19/2004) (jp, ) (Entered: 04/20/2004)

STIPULATION AND ORDER. The discovery schedule in this matter be modified as follows: Initial expert witness reports shall be submitted to opposing counsel on or before 7/2/04 and expert witness rebuttal reports, if any, shall be submitted to opposing counsel on or before 8/16/04. The parties will disclose to each other by letter the subject matter of their proposed expert witness testimony no later than 6/1/04. (Signed by Judge Henry B. Pitman on 4/20/04) (yv, ) (Entered: 04/26/2004)

MOTION for an order allowing the plaintiffs to withdraw without prejudice the third, fourth, and fifth claims for relief in their first amended complaint to the extent that they are based on the Voting Rights Act of 1965, 42 USC 1973. Document filed by Lumumba Akinwole-Bandelle, Wilson Andino, Gina Arias, Wanda Best-Deveaux, Carlos Bristol, Augustine Carmona, David Galarza, Kimalee Garner, Mark Graham, Joseph Hayden, Keran Holmes III, Chaujuantheyia Lochard, Steven Mangual, Steven Mangual, Jamel Massey, Stephen Ramon, Nilda Rivera, Mario Romero, Jessica Sanclemente, Paul Satterfield, Barbara Scott. (dle, ) (Entered: 06/01/2004)

MEMORANDUM OF LAW in Support re: [37] MOTION to Dismiss.. Document filed by Lumumba Akinwole-Bandelle, Wilson Andino, Gina Arias, Wanda Best-Deveaux, Carlos Bristol, Augustine Carmona, David Galarza, Kimalee Garner, Mark Graham, Joseph Hayden, Keran Holmes III, Chaujuantheyia Lochard, Steven Mangual, Steven Mangual, Jamel Massey, Stephen Ramon, Nilda Rivera, Mario Romero, Jessica Sanclemente, Paul Satterfield, Barbara Scott. (dle, ) (Entered: 06/01/2004)

ORDER defendants' motion for judgment on the pleadings is granted. So Ordered. (Signed by Judge Lawrence M. McKenna on 6/14/04) (jco, ) (Entered: 06/15/2004)

CLERK'S JUDGMENT granting defendants' motion for judgment on the pleadings. (Signed by J. Michael McMahon, clerk on 6/16/04) (ml, ) (Entered: 06/16/2004)

Mailed notice of Right to Appeal to Attorney(s) of Record: Joel Graber, Joseph A. Hayden Jr., Patricia L. Murray, Janai Nelson. (snu, ) (Entered: 06/29/2004)

NOTICE OF INTERLOCUTORY APPEAL from [39] Order. Document filed by Lumumba Akinwole-Bandelle, Wilson Andino, Gina Arias, Wanda Best- Deveaux, Carlos Bristol, Augustine Carmona, David Galarza, Kimalee Garner, Mark Graham, Joseph Hayden, Keran Holmes III, Chaujuantheyia Lochard, Steven Mangual, Steven Mangual, Jamel Massey, Stephen Ramon, Nilda Rivera, Mario Romero, Jessica Sanclemente, Paul Satterfield, Barbara Scott. Filing fee $ 255.00, receipt number E 514388. Copies of Notice of Interlocutory Appeal mailed to Attorney(s) of Record: JOEL GRABER,AAG, PATRICIA L. MURRAY,. (pr, ) (Entered: 07/13/2004)

Transmission of Notice of Appeal to the District Judge re: [41] Notice of Interlocutory Appeal,,. (pr, ) (Entered: 07/13/2004)

Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: [41] Notice of Interlocutory Appeal,,. (pr, ) (Entered: 07/13/2004)

Appeal Record Sent to USCA (Index). Notice that the Original index to the record on Appeal for [41] Notice of Interlocutory Appeal,, filed by Joseph Hayden, Nilda Rivera, David Galarza, Barbara Scott, Wanda Best-Deveaux, Gina Arias, Lumumba Akinwole-Bandelle, Wilson Andino, Carlos Bristol, Augustine Carmona, Kimalee Garner, Mark Graham, Keran Holmes, Steven Mangual, Steven Mangual, Jamel Massey, Stephen Ramon, Mario Romero, Jessica Sanclemente, Paul Satterfield, Chaujuantheyia Lochard USCA Case Number 04-3886-pr, 3 Copies of the index, Certified Clerk Certificate and Certified Docket Sheet were transmitted to the U.S. Court of Appeals. (tp, ) (Entered: 08/02/2004)

Appeal Record Sent to USCA (File). Indexed record on Appeal Files for [41] Notice of Interlocutory Appeal,, filed by Joseph Hayden, Nilda Rivera, David Galarza, Barbara Scott, Wanda Best-Deveaux, Gina Arias, Lumumba Akinwole- Bandelle, Wilson Andino, Carlos Bristol, Augustine Carmona, Kimalee Garner, Mark Graham, Keran Holmes, Steven Mangual, Steven Mangual, Jamel Massey, Stephen Ramon, Mario Romero, Jessica Sanclemente, Paul Satterfield, Chaujuantheyia Lochard USCA Case Number 04-3886-pr, were transmitted to the U.S. Court of Appeals. (tp, ) (Entered: 08/02/2004)

Minute Entry for proceedings held before Judge Lawrence M. McKenna : Status Conference held on 5/18/2006 (on Mandate). Court instructs counsel to notify the Court as to the status of this case relative to other cases currently pending in USDC in other Districts. No transcript. All parties present. (db, ) (Entered: 05/19/2006)

MEMORANDUM AND ORDER; With respect to the May 4, 2006 and June 1, 2006 en banc decisions in this case of the Court of Appeals for the Second Circuit, plaintiffs are to advise this Court in writing, not later than July 17, 2006, whether in their view they have raised a claim on behalf of plaintiffs who are neither incarcerated nor on parole that their votes are diluted because of New York's apportionment process, as elaborated in the Court of Appeals' decisions, and, if the answer is affirmative, to identify the relevant portions of the complaint and suggest what further proceedings should be had in this Court; the State defendants are to respond in writing, not later than July 27, 2006. (Signed by Judge Lawrence M. McKenna on 6/28/06) (djc, ) (Entered: 07/06/2006)

MANDATE of USCA (Certified Copy) as to [41] Notice of Interlocutory Appeal, filed by Joseph Hayden, Nilda Rivera, David Galarza, Barbara Scott, Wanda Best-Deveaux, Gina Arias, Lumumba Akinwole-Bandelle, Wilson Andino, Carlos Bristol, Augustine Carmona, Kimalee Garner, Mark Graham, Keran Holmes, III, Steven Mangual, Steven Mangual, Jamel Massey, Stephen Ramon, Mario Romero, Jessica Sanclemente, Paul Satterfield, Chaujuantheyia Lochard, USCA Case Number 04-3886-pr. It is hereby Ordered, Adjudged and Decreed that the judgment of the District Court is AFFIRMED, and the cause is REMANDED to the District Court for further proceedings in accordance with the opinion of this Court. Roseann B. MacKechnie, Clerk USCA. Issued As Mandate: 6/1/06. (tp, ) (Entered: 07/05/2006)

MANDATE of USCA (Certified Copy) as to [41] Notice of Interlocutory Appeal, filed by Joseph Hayden, Nilda Rivera, David Galarza, Barbara Scott, Wanda Best-Deveaux, Gina Arias, Lumumba Akinwole-Bandelle, Wilson Andino, Carlos Bristol, Augustine Carmona, Kimalee Garner, Mark Graham, Keran Holmes, III, Steven Mangual, Steven Mangual, Jamel Massey, Stephen Ramon, Mario Romero, Jessica Sanclemente, Paul Satterfield, Chaujuantheyia Lochard, USCA Case Number 04-3886-pr. It is hereby Ordered, Adjudged and Decreed that the case is REMANDED to the District Court. Roseann B. MacKechnie, Clerk USCA. Issued As Mandate: 6/1/06. (tp, ) (Entered: 07/05/2006)

Transmission of USCA Mandate/Order to the District Judge re: [44] USCA Mandate. (tp, ) (Entered: 07/05/2006)

Transmission of USCA Mandate/Order to the District Judge re: [43] USCA Mandate.(tp, ) (Entered: 07/05/2006)

PLAINTIFFS' RESPONSE TO COURT'S 6/28/06 MEMORANDUM AND ORDER Document filed by Carlos Bristol, Augustine Carmona, David Galarza, Kimalee Garner, Kimalee Garner, Mark Graham, Keran Holmes, III, Chaujuantheyia Lochard, Steven Mangual, Steven Mangual, Joseph Hayden, Jamel Massey, Stephen Ramon, Stephen Ramon, Nilda Rivera, Mario Romero, Jessica Sanclemente, Paul Satterfield, Barbara Scott, Lumumba Akinwole- Bandelle, Wilson Andino, Gina Arias, Gina Arias, Wanda Best-Deveaux. (jco, ) (Entered: 07/18/2006)

MEMORANDUM AND ORDER: The Court finds that no further proceedings in the District Court are required, and that the case in the District Court need not be reopened. (Signed by Judge Lawrence M. McKenna on 8/3/2006) (lb, ) (Entered: 08/07/2006)

Appeal Record Returned. Indexed record on Appeal Files for [41] Notice of Interlocutory Appeal,, filed by Joseph Hayden,, Nilda Rivera,, David Galarza,, Barbara Scott,, Wanda Best-Deveaux,, Gina Arias,, Lumumba Akinwole- Bandelle,, Wilson Andino,, Carlos Bristol,, Augustine Carmona,, Kimalee Garner,, Mark Graham,, Keran Holmes, III, Steven Mangual,, Steven Mangual,, Jamel Massey,, Stephen Ramon,, Mario Romero,, Jessica Sanclemente,, Paul Satterfield,, Chaujuantheyia Lochard, USCA Case Number 04-3886, returned from the U.S. Court of Appeals. (nd, ) (Entered: 08/17/2006)

ORDER of USCA (Certified Copy) as to [41] Notice of Interlocutory Appeal, filed by Joseph Hayden,, Nilda Rivera,, David Galarza,, Barbara Scott, Wanda Best-Deveaux,, Gina Arias,, Lumumba Akinwole-Bandelle, Wilson Andino,, Carlos Bristol,, Augustine Carmona,, Kimalee Garner, Mark Graham,, Keran Holmes, III, Steven Mangual,, Steven Mangual, Jamel Massey,, Stephen Ramon,, Mario Romero, Jessica Sanclemente, Paul Satterfield,, Chaujuantheyia Lochard, USCA Case Number 04-3886-pr. In a published Opinion filed June 1, 2006, the Court, sitting en banc, remanded this appeal to the District Court for further proceedings. Those proceedings having now been concluded, IT IS HEREBY ORDERED the mandate is recalled and appeal is restored to the Court's argument calendar. Roseann B. MacKechnie, Clerk USCA. Certified: 10/6/2006. (nd, ) (Entered: 10/11/2006)

Appeal Remark as to [41] Notice of Interlocutory Appeal, Re: [43] Mandate of USCA, [44] Mandate of USCA USCA Case Number 04-3886-pr: Mandates are returned to Court of Appeals, 2nd Cir. to the attn of G. Phillip. (nd, ) (Entered: 10/11/2006)