Case: Mohr v. Erie County Legislature

1:11-cv-00559 | U.S. District Court for the Western District of New York

Filed Date: June 30, 2011

Closed Date: Dec. 31, 2020

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Case Summary

On June 30, 2011, Plaintiff #1 filed suit against Erie County Legislature, County Executive of the County of Erie, and County of Erie in the Western District of New York. On July 1, 2011, Plaintiff #2 filed suit against the County of Erie in New York State Supreme Court. After Plaintiff #2’s case was removed to the Western District of New York and Plaintiff #2’s second cause of action was dismissed, Plaintiff #2’s sole remaining cause of action alleged the same violation and sought the same rem…

At the general election on November 2, 2010, Erie County voters approved a local law to reduce the legislature from fifteen to eleven members, with the terms commending on January 1, 2012. Additionally, the County’s legislative districts were due for reapportionment based on the 2010 federal census. On June 15, 2011, the Erie County Legislature adopted a plan of reapportionment of eleven legislative districts by majority vote on a local law defining and describing the boundaries of each district, but the County Executive disapproved the local law. As a result, no districting plan would be in place for the election of the eleven County legislators in November 2011.

In the Complaint, Plaintiff claimed that, due to the Defendants’ failure to adopt a County legislative redistricting and reapportion plan for the 2011 election, deviation among populations of the fifteen former districts would result in violation of the principle of one person, one-vote. Plaintiff alleged that between the then-current fifteen districts, the district populations ranged from -16.48% to +14.08% deviation from ideal value as determined by the 2010 federal census. Plaintiff, as an individual from a more populated district, alleged that the deviation served to deprive Plaintiff of the same vote and representation enjoyed by persons of less population legislative districts, thereby violating the Equal Protection Clause of the Constitution of the United States.

Additionally, New York state law required that prospective candidates initiate processes to become a party nominee and candidate before certain dates. In the Complaint, Plaintiff alleged that the Defendants’ failure to adopt a reapportionment plan prior to such dates made it impossible for prospective candidates to comply with the time requirements and therefore deprived Plaintiff of the right to participate in the promotion of candidacy, selection of his party’s nominee, and ultimately selection of his representative. Plaintiff sought a declaratory judgment and imposition of a districting plan drawn in conformation with the one person, one vote principle as well as adjustments to the date requirements of New York state election law for the 2011 election.

On the issue of redistricting, citing Supreme Court precedent, the Court stated that failure to reapportion periodically may violate the Equal Protection Clause but noted that states are generally afforded greater flexibility by requiring only substantial population equality in reapportionment plans as opposed to the absolute population equality objective required of congressional districts. Further, New York State law expressed a policy in achieving “substantially equal weight for all voters.” Considering the plans submitted by the County Legislature, the proposed local laws and testimony related thereto, and other materials, the Court created and presented a new districting plan with a maximum deviation of less than 10% to be in effect until the 2020 census data became available for the County Legislature to make a new redistricting plan.

On the issue of ballot access and election timing, the Court considered petitions from both Plaintiff and Defendants County of Erie and County Executive to adjust the election calendar and filing deadlines for designating petitions for the primary election. The Court noted that given the current deadlines and dates for the primary election, this proposal was implausible. The Court also rejected several suggestions from Plaintiff for potential candidates to be included on the primary ballot, including the “Recognized Candidate” method and candidate application to the Court. Ultimately, the Court determined that no reasonable adjustment could be made to allow for the primary election of the eleven new legislative district representatives. Instead, the Court determined that New York State law Section 6-116 allowed for nomination by a majority vote of a quorum of the members of a County committee or committee if a vacancy remained after the primary election. Additionally, the Court extended the filing date for independent nominating petitions for the general election. The Court held that use of New York State law Section 6-116 and extension of the independent nominating petition deadline were sufficient to secure ballot access for the position of County legislator in the eleven districts.

On August 4, 2011, the Court issued its decision and order as discussed above, granting Plaintiff’s requests for relief on both the redistricting and election calendar issues and dismissing the case. 2011 WL 3421326.

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Summary Authors

(11/27/2023)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4988413/parties/mohr-v-erie-county-legislature/

Judge(s)

Attorney for Plaintiff

Cooney, Sean E. (New York)

Marion, Jeffrey E. (New York)

Attorney for Defendant

Colby, Jeremy A. (New York)

Marecki, Anthony Girolamo (New York)

Melber, Brian (New York)

Judge(s)

Skretny, William M. (New York)

Attorney for Plaintiff

Cooney, Sean E. (New York)

Marion, Jeffrey E. (New York)

Mohr, Ralph M. (New York)

Panepinto, Marc C. (New York)

Schad, Jerome D. (New York)

Attorney for Defendant

Colby, Jeremy A. (New York)

Marecki, Anthony Girolamo (New York)

Melber, Brian (New York)

Ward, Dennis E. (New York)

Attorney Contact Information via CourtListener

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Documents in the Clearinghouse

	Document
1 1:11-cv-00559	Complaint Mohr v. Erie County Legislature, et al.	June 30, 2011	June 30, 2011 Complaint
11 1:11-cv-00559	Declaration of Jeremy A. Colby In Support of Defendants' Motion For An Expedited Hearing On Its Motion To Dismiss Pursuant To Rule 12(C)) Mohr v. Erie County Legislature, et al.	July 13, 2011	July 13, 2011 Declaration/Affidavit
8 1:11-cv-00559	Notice of Motion To Dismiss Mohr v. Erie County Legislature, et al.	July 13, 2011	July 13, 2011 Pleading / Motion / Brief
9 1:11-cv-00559	Memorandum of Law In Support Of Defendants' Motion To Dismiss Claims Against The Legislature And The County Executive Mohr v. Erie County Legislature, et al.	July 13, 2011	July 13, 2011 Pleading / Motion / Brief
17 1:11-cv-00559	Proposals For Ballot Access With Authorities Mohr v. Erie County Legislature, et al.	July 21, 2011	July 21, 2011 Pleading / Motion / Brief
19 1:11-cv-00559	Declaration Of Anthony G. Marecki Submitting Proposed Reapportionment Plans Mohr v. Erie County Legislature, et al.	July 26, 2011	July 26, 2011 Declaration/Affidavit
22 1:11-cv-00559	Plaintiff's Memorandum On Ballot Access Mohr v. Erie County Legislature, et al.	July 27, 2011	July 27, 2011 Pleading / Motion / Brief
24 1:11-cv-00559	Memorandum Regarding Electoral Process on Behalf of Defendant Erie County Legislature Mohr, Et Al V. Erie County Legislature, Et Al	July 28, 2011	July 28, 2011 Pleading / Motion / Brief
29 1:11-cv-00559	Ballot Access Issues Mohr v. Erie County Legislature, et al.	July 28, 2011	July 28, 2011 Pleading / Motion / Brief
23 1:11-cv-00559	Defendants' Memorandum of Law in Support of Protecting Ballot Access Mohr, Et Al V. Erie County Legislature, Et Al	July 28, 2011	July 28, 2011 Pleading / Motion / Brief

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/4988413/mohr-v-erie-county-legislature/

Last updated Sept. 5, 2025, 4:52 a.m.

ECF Number	Description	Date	Link Date / Link
1	COMPLAINT against Christopher C. Collins, County of Erie, Erie County Legislature, filed by Ralph M. Mohr.(DLC) (Entered: 06/30/2011)	June 30, 2011	June 30, 2011 RECAP
2	AUTOMATIC REFERRAL to Mediation. (DLC) (Entered: 06/30/2011)	June 30, 2011	June 30, 2011 PACER
3	NOTICE by Ralph M. Mohr. (DLC) (Entered: 06/30/2011)	June 30, 2011	June 30, 2011 PACER
	Summons Issued as to Christopher C. Collins, County of Erie, Erie County Legislature. (DLC)	June 30, 2011	June 30, 2011 PACER
4	ANSWER to 1 Complaint by Christopher C. Collins, County of Erie, Erie County Legislature.(Marecki, Anthony) (Entered: 07/11/2011)	July 11, 2011	July 11, 2011 PACER
5	NOTICE of Appearance by Jeremy A. Colby on behalf of Christopher C. Collins, County of Erie, Erie County Legislature (Colby, Jeremy) (Entered: 07/11/2011)	July 11, 2011	July 11, 2011 PACER
6	ANSWER to Complaint by Christopher C. Collins, County of Erie, Erie County Legislature.(Colby, Jeremy) (Entered: 07/12/2011)	July 12, 2011	July 12, 2011 PACER
	E-Filing Notification: Username and signature do not match (refer to Administrative Procedures Guide Section 1-3c). Action required: re-file document using same signature and password and file updated proof of service. Re 4 ANSWER to 1 Complaint by Christopher C. Collins, County of Erie, Erie County Legislature.(Marecki, Anthony) (DLC)	July 12, 2011	July 12, 2011 PACER
10	MOTION to Expedite motion for failure to state a claim by Christopher C. Collins, County of Erie, Erie County Legislature.(Colby, Jeremy) (Entered: 07/13/2011)	July 13, 2011	July 13, 2011 PACER
11	DECLARATION of Jeremy A. Colby by Christopher C. Collins, County of Erie, Erie County Legislature.(Colby, Jeremy) Modified on 7/13/2011 (DLC). (Entered: 07/13/2011)	July 13, 2011	July 13, 2011 RECAP
12	PROPOSED ORDER by Christopher C. Collins, County of Erie, Erie County Legislature.(Colby, Jeremy) Modified on 7/13/2011 (DLC). (Entered: 07/13/2011)	July 13, 2011	July 13, 2011 PACER
7	ADR Notice and Plan electronically forwarded to attorneys.(DLC) (Entered: 07/13/2011)	July 13, 2011	July 13, 2011 PACER
8	MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Christopher C. Collins, County of Erie, Erie County Legislature.(Colby, Jeremy) (Entered: 07/13/2011)	July 13, 2011	July 13, 2011 RECAP
9	MEMORANDUM OF LAW by Christopher C. Collins, County of Erie, Erie County Legislature.(Colby, Jeremy) Modified on 7/13/2011 (DLC). (Entered: 07/13/2011)	July 13, 2011	July 13, 2011 RECAP
	E-Filing Notification: Incorrect event used to electronically file document. For future reference, use (Memorandum in Support) event. No action required, Title of document changed on docket sheet. Re 9 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Memorandum of Law. (DLC)	July 13, 2011	July 13, 2011 PACER
	E-Filing Notification: Incorrect event used to electronically file document. For future reference, use (Declaration) event. No action required. Terminated 11 MOTION to Expedite Declaration of Jeremy A. Colby. Document retitled to reflect document is a Declaration. (DLC)	July 13, 2011	July 13, 2011 PACER
	E-Filing Notification: Document contains so ordered line and should be submitted via e-mail to the assigned judge. Refer to page 9 of the Administrative Guide for e-mail addresses. No action required. Document is a proposed order but was filed as a motion and should not have been re 12 MOTION to Expedite Proposed Order. Motion terminated. (DLC)	July 13, 2011	July 13, 2011 PACER
13	TEXT ORDER IT HEREBY IS ORDERED THAT the parties shall appear for a preliminary conference on July 21, 2011 at 9:30 a.m. FURTHER that Defendants' 10 Motion to Expedite is GRANTED. Plaintiff's Response to Defendants' 8 Motion to Dismiss is due no later than 7/18/2011 and Defendants' Reply is due no later than 7/19/11. FURTHER that Defendants shall hand-deliver to the pro se Plaintiff a copy of this Order, together with their Notice of Motion and supporting papers no later than 10:00 a.m. on July 15, 2011, and a copy of their reply papers, if any, no later than 5:00 p.m. on July 19, 2011. FURTHER that the Court will hear oral argument on July 21, 2011, as necessary.Issued by Hon. William M. Skretny on 7/14/2011. (MEAL) (Entered: 07/14/2011)	July 14, 2011	July 14, 2011 PACER
14	MOTION to intervene by Dennis E. Ward.(SG) (Entered: 07/21/2011)	July 19, 2011	July 19, 2011 PACER
15	MOTION to Expedite Hearing by Dennis E. Ward.(SG) (Entered: 07/21/2011)	July 19, 2011	July 19, 2011 PACER
17	PROPOSALS FOR BALLOT ACCESS WITH AUTHORITIES filed by Ralph M. Mohr. (CMD) (Entered: 07/22/2011)	July 21, 2011	July 21, 2011 RECAP
18	AFFIRMATION OF SERVICE of 17 Proposals for Ballot Access with Authorities filed by Ralph M. Mohr. (CMD) (Entered: 07/22/2011)	July 21, 2011	July 21, 2011 PACER
28	Minute Entry for proceedings held before Hon. William M. Skretny: Status Conference held on 7/21/2011. Attorney Melber expects to be substituted in as counsel for the Erie County Legislature (ECL) after the meeting of the Legislature this afternoon. Attorney Colby to continue his representation of the ECL until substitution of counsel is filed. Clarification made that Barbara Miller-Williams and Robert M. Graber are not being sued individually. Defendants withdraw 8 Motion to Dismiss (Mohr case). Counsel are advised that all stipulations must be e-filed. Stipulations previously delivered to chambers will not be "So Ordered." Bench Decision issued granting Defendant County of Erie's 6 Motion to Dismiss Second Cause of Action (Chapman case). All for the reasons stated on the record. There being no objection, the Court directs that 11-CV-559S Mohr v. ECL et al. and 11-CV 560S Chapman v. County of Erie be consolidated under 11-CV-559S and that all future filings be made in 11-CV-559S. Parties are directed to submit to the Court a map showing the most recent 15 legislative districts and a copy of each 11-district redistricting plan that was prepared by or presented to the legislature with all accompanying narratives, analysis and census data no later than 7/28/2011. Simultaneous submissions as to Adjusting Ballot Access are to be filed by 7/28/2011, 12 noon. For the pltfs. - Jerome Shad, Jeffrey Marion, Ralph Mohr - pro se. For potential intervenor - Dennis Ward. For Erie County defts. - Jeremy Colby, Anthony Marecki. Not yet appearing: For EC Minority Legislature - Ronald Bennett, Scott Kroll. For EC Legislature Brian Melber. (Court Reporter Michelle McLaughlin.) (MEAL) (Entered: 07/29/2011)	July 21, 2011	July 21, 2011 PACER
16	TEXT ORDER. IT HEREBY IS ORDERED THAT Dennis E. Ward's 15 Motion to Expedite his 14 Motion to Intervene is GRANTED. Any party objecting to the 14 Motion to Intervene shall file a response no later than 12:00 p.m. on 7/26/11. The motion will considered unopposed, absent a response. SO ORDERED. Issued by William M. Skretny, Chief Judge U.S.D.C. on 7/22/2011. (MEAL) (Entered: 07/22/2011)	July 22, 2011	July 22, 2011 PACER
19	DECLARATION filed by Christopher C. Collins, County of Erie. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15, # 16 Exhibit 16, # 17 Exhibit 17, # 18 Exhibit 18, # 19 Exhibit 19, # 20 Exhibit 20, # 21 Exhibit 21, # 22 Exhibit 22, # 23 Exhibit 23, # 24 Exhibit 24, # 25 Exhibit 25, # 26 Exhibit 26, # 27 Exhibit 27, # 28 Exhibit 28, # 29 Exhibit 29, # 30 Exhibit 30, # 31 Exhibit 31, # 32 Exhibit 32, # 33 Exhibit 33, # 34 Exhibit 34, # 35 Exhibit 35, # 36 Exhibit 36, # 37 Exhibit 37, # 38 Exhibit 38, # 39 Exhibit 39, # 40 Exhibit 40, # 41 Exhibit 41, # 42 Exhibit 42, # 43 Exhibit 43, # 44 Exhibit 44, # 45 Exhibit 45, # 46 Exhibit 46, # 47 Exhibit 47, # 48 Exhibit 48, # 49 Exhibit 49, # 50 Exhibit 50, # 51 Exhibit 51, # 52 Exhibit 52, # 53 Exhibit 53, # 54 Exhibit 54, # 55 Exhibit 55, # 56 Exhibit 56, # 57 Exhibit 57, # 58 Exhibit 58, # 59 Exhibit 59, # 60 Exhibit 60, # 61 Exhibit 61, # 62 Exhibit 62, # 63 Exhibit 63, # 64 Exhibit 64, # 65 Exhibit 65, # 66 Exhibit 66, # 67 Exhibit 67, # 68 Exhibit 68, # 69 Exhibit 69, # 70 Exhibit 70, # 71 Exhibit 71, # 72 Exhibit 72, # 73 Exhibit 73, # 74 Exhibit 74, # 75 Exhibit 75, # 76 Exhibit 76, # 77 Exhibit 77, # 78 Exhibit 78, # 79 Exhibit 79, # 80 Exhibit 80, # 81 Exhibit 81, # 82 Exhibit 82, # 83 Exhibit 83, # 84 Exhibit 84, # 85 Errata 85, # 86 Exhibit 86, # 87 Exhibit 87, # 88 Exhibit 88, # 89 Exhibit 89)(Marecki, Anthony) (Entered: 07/26/2011) 1 Exhibit 1 View on RECAP 2 Exhibit 2 View on RECAP 3 Exhibit 3 View on RECAP 4 Exhibit 4 View on RECAP 5 Exhibit 5 View on RECAP 6 Exhibit 6 View on RECAP 7 Exhibit 7 View on RECAP 8 Exhibit 8 View on RECAP 9 Exhibit 9 View on RECAP 10 Exhibit 10 View on RECAP 11 Exhibit 11 View on RECAP 12 Exhibit 12 View on RECAP 13 Exhibit 13 View on RECAP 14 Exhibit 14 View on RECAP 15 Exhibit 15 View on RECAP 16 Exhibit 16 View on RECAP 17 Exhibit 17 View on RECAP 18 Exhibit 18 View on RECAP 19 Exhibit 19 View on RECAP 20 Exhibit 20 View on RECAP 21 Exhibit 21 View on RECAP 22 Exhibit 22 View on RECAP 23 Exhibit 23 View on RECAP 24 Exhibit 24 View on RECAP 25 Exhibit 25 View on RECAP 26 Exhibit 26 View on RECAP 27 Exhibit 27 View on RECAP 28 Exhibit 28 View on RECAP 29 Exhibit 29 View on RECAP 30 Exhibit 30 View on RECAP 31 Exhibit 31 View on RECAP 32 Exhibit 32 View on RECAP 33 Exhibit 33 View on RECAP 34 Exhibit 34 View on RECAP 35 Exhibit 35 View on RECAP 36 Exhibit 36 View on RECAP 37 Exhibit 37 View on RECAP 38 Exhibit 38 View on RECAP 39 Exhibit 39 View on RECAP 40 Exhibit 40 View on RECAP 41 Exhibit 41 View on RECAP 42 Exhibit 42 View on RECAP 43 Exhibit 43 View on RECAP 44 Exhibit 44 View on RECAP 45 Exhibit 45 View on RECAP 46 Exhibit 46 View on RECAP 47 Exhibit 47 View on RECAP 48 Exhibit 48 View on RECAP 49 Exhibit 49 View on RECAP 50 Exhibit 50 View on RECAP 51 Exhibit 51 View on RECAP 52 Exhibit 52 View on RECAP 53 Exhibit 53 View on RECAP 54 Exhibit 54 View on RECAP 55 Exhibit 55 View on RECAP 56 Exhibit 56 View on RECAP 57 Exhibit 57 View on RECAP 58 Exhibit 58 View on RECAP 59 Exhibit 59 View on RECAP 60 Exhibit 60 View on RECAP 61 Exhibit 61 View on RECAP 62 Exhibit 62 View on RECAP 63 Exhibit 63 View on RECAP 64 Exhibit 64 View on RECAP 65 Exhibit 65 View on RECAP 66 Exhibit 66 View on RECAP 67 Exhibit 67 View on RECAP 68 Exhibit 68 View on RECAP 69 Exhibit 69 View on RECAP 70 Exhibit 70 View on RECAP 71 Exhibit 71 View on RECAP 72 Exhibit 72 View on RECAP 73 Exhibit 73 View on RECAP 74 Exhibit 74 View on RECAP 75 Exhibit 75 View on RECAP 76 Exhibit 76 View on RECAP 77 Exhibit 77 View on RECAP 78 Exhibit 78 View on RECAP 79 Exhibit 79 View on RECAP 80 Exhibit 80 View on RECAP 81 Exhibit 81 View on RECAP 82 Exhibit 82 View on RECAP 83 Exhibit 83 View on RECAP 84 Exhibit 84 View on RECAP 85 Errata 85 View on RECAP 86 Exhibit 86 View on RECAP 87 Exhibit 87 View on RECAP 88 Exhibit 88 View on RECAP 89 Exhibit 89 View on RECAP	July 26, 2011	July 26, 2011 RECAP
20	NOTICE by Erie County Legislature of Substitution of Counsel (Attachments: # 1 Exhibit resolution)(Melber, Brian) (Entered: 07/27/2011)	July 27, 2011	July 27, 2011 PACER
21	MOTION to Appoint Counsel (Substitute), MOTION to Expedite Hearing by Erie County Legislature. (Attachments: # 1 Exhibit A-C)(Melber, Brian) (Entered: 07/27/2011)	July 27, 2011	July 27, 2011 PACER
22	MEMORANDUM/BRIEF by Ralph M. Mohr. (Attachments: # 1 Certificate of Service)(Cooney, Sean) (Entered: 07/27/2011) 1 Certificate of Service View on RECAP	July 27, 2011	July 27, 2011 RECAP
23	MEMORANDUM/BRIEF In Support of Protecting Ballot Access by Christopher C. Collins, County of Erie. (Attachments: # 1 Exhibit A)(Colby, Jeremy) (Entered: 07/28/2011) 1 Exhibit A View on RECAP	July 28, 2011	July 28, 2011 RECAP
24	MEMORANDUM/BRIEF Regarding Electoral Process by Erie County Legislature. (Melber, Brian) (Entered: 07/28/2011)	July 28, 2011	July 28, 2011 RECAP
25	This document has been stricken from the docket pursuant to 34 Text Order... MEMORANDUM/BRIEF Analyzing Proposed Redistricting Local Laws by Erie County Legislature. (Bennett, Ronald) Modified on 8/3/2011 (DLC). (Entered: 07/28/2011)	July 28, 2011	July 28, 2011 PACER
26	TEXT ORDER. IT HEREBY IS ORDERED THAT the unopposed 14 Motion to Intervene by Dennis E. Ward is GRANTED. SO ORDERED. Issued by William M. Skretny, Chief Judge on 7/28/2011. (MEAL) (Entered: 07/28/2011)	July 28, 2011	July 28, 2011 PACER
29	BALLOT ACCESS ISSUES filed by Dennis Ward. (DR) Modified on 8/2/2011 (DLC). (Entered: 08/01/2011)	July 28, 2011	July 28, 2011 RECAP
30	AFFIRMATION of Service re: 29 Ballot Access Issues, filed by Dennis Ward (DR) Modified on 8/2/2011 (DLC). (Entered: 08/01/2011)	July 28, 2011	July 28, 2011 PACER
31	REPLY/RESPONSE to 29 Ballot Access Issues filed by Ralph M. Mohr. (DLC) (Entered: 08/01/2011)	July 28, 2011	July 28, 2011 RECAP
32	DECLARATION with respect to proposed reapportionment plains signed by plaintiff filed by Ralph M. Mohr. A larger map manually maintained in the Clerks Office attached to this paper document. (DLC) (Entered: 08/01/2011)	July 28, 2011	July 28, 2011 RECAP
33	CERTIFICATE OF SERVICE by Ralph M. Mohr re 31 Reply/Response, 32 Declaration. (DLC) (Entered: 08/01/2011)	July 28, 2011	July 28, 2011 PACER
	E-Filing Notification: For future reference there should only be 20 attachments to any main document; for additional attachments use the Continuation of Exhibits event found under Reponses and Replies 19 DECLARATION filed by Christopher C. Collins, County of Erie.	July 28, 2011	July 28, 2011 PACER
	E-Filing Notification: Document missing attorneys electronic signature. Action required: re-file document with proper signature and new proof of service. 22 MEMORANDUM/BRIEF by Ralph M. Mohr. (Attachments: # 1 Certificate of Service)(Cooney, Sean) (SG)	July 28, 2011	July 28, 2011 PACER
27	TEXT ORDER. IT HEREBY IS ORDERED THAT the Erie County Legislature's 21 Motion for Appointment of Counsel and for Expedited Hearing of Motion is DENIED WITHOUT PREJUDICE for failure to comply with Local Rule of Civil Procedure 7(d)(1). SO ORDERED. Issued by William M. Skretny, Chief Judge U.S.D.C. on 7/29/2011. (MEAL) (Entered: 07/29/2011)	July 29, 2011	July 29, 2011 PACER
34	TEXT ORDER IT HEREBY IS ORDERED THAT the 25 Memorandum Analyzing Proposed Redistricting Laws is STRICKEN from the Docket. The filing attorney is not an attorney of record in the action, the caucus he represents is not a separate party to the action, and the Court has not requested briefing on the substance of the memorandum. The parties also are hereby placed on notice that the Court anticipates filing a decision regarding redistricting/reapportionment no later than 8/4/11. SO ORDERED. Issued by William M. Skretny, Chief Judge on 8/2/2011. (MEAL) (Entered: 08/02/2011)	Aug. 2, 2011	Aug. 2, 2011 PACER
	E-Filing Notification: Changed that these documents were filed by Ward not Mohr, re 29 BALLOT ACCESS ISSUES filed by Ralph Mohr. (DR) Modified on 8/2/2011 (DLC)., 30 AFFIRMATION of Service re: 29 Ballot Access Issues, filed by Ralph Mohr (DR) Modified on 8/2/2011 (DLC).	Aug. 2, 2011	Aug. 2, 2011 PACER
35	MEMORANDUM/BRIEF Regarding Redistricting and Reapportionment by Erie County Legislature. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Melber, Brian) (Entered: 08/03/2011) 1 Exhibit A View on RECAP 2 Exhibit B View on RECAP 3 Exhibit C View on RECAP	Aug. 3, 2011	Aug. 3, 2011 RECAP
	E-Filing Notification: This document has been stricken from the docket pursuant to 34 Text Order... re 25 MEMORANDUM/BRIEF Analyzing Proposed Redistricting Local Laws by Erie County Legislature. (Bennett, Ronald)(DLC).	Aug. 3, 2011	Aug. 3, 2011 PACER
36	DECLARATION filed by Christopher C. Collins, County of Erie Concerning Memorandum Submitted on Behalf of Defendant Erie County Legislature. (Colby, Jeremy) (Entered: 08/04/2011)	Aug. 4, 2011	Aug. 4, 2011 RECAP
37	DECISION AND ORDER GRANTING Plaintiffs' requests for relief; DISMISSING this action; DIRECTING the Clerk of the Court to close this case. Signed by William M. Skretny, Chief Judge U.S.D.C. on 8/4/2011. (Attachments: # 1 Appendix A) (MEAL)	Aug. 4, 2011	Aug. 4, 2011 RECAP
38	JUDGMENT in favor of plaintiff. Signed by the Clerk of the Court on 8/5/11. (DLC) Modified on 8/5/2011 (DLC). (Entered: 08/05/2011)	Aug. 5, 2011	Aug. 5, 2011 RECAP
	File is archived at the Federal Records Center. Location information: Accession 021-14-0566 Location KLS-01-OC-020-2-015-01-001 Box 22To obtain copies of documents for a fee, you may contact the Federal Records Center directly at their website: http://www.archives.gov/frc/. They will require the location information contained in this entry. You may also contact the Clerks Office to have the file shipped to the Court for your review or for copies of documents. Please refer to the current fee schedule to determine the cost to obtain documents or order the file for review. The fee schedule is located on our Public Web Site: http://www.nywd.uscourts.gov/fee-schedule (MD)	Jan. 11, 2016	Jan. 11, 2016 PACER