1
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COMPLAINT against Albany County Board of Elections and County of Albany (Filing fee $350 receipt number 1896880) filed by Anne Pope, Janis Gonzalez and Wanda Willingham. (Attachments: # 1 Exhibit A (Local Law No. "C" for 2011), # 2 Exhibit B (Consent Judgment and Decree dated 11/13/1991), # 3 Exhibit C (Memorandum-Decision and Order of Judge Norman A. Mordue dated 8/22/2003), # 4 Memorandum-Decision and Order of Judge Norman A. Mordue dated 10/20/2003), # 5 Exhibit E (Consent Decree and Judgment dated 8/19/2004), # 6 Exhibit F (Local Law No. 2 for 2004), # 7 Exhibit G (Consent Judgment and Decree dated 1/22/2007), # 8 Exhibit H (AHEJ Redistricting Plan, 2011), # 9 Exhibit I (Resolution No. 161), # 10 Exhibit J (Resolution No. 26), # 11 Civil Cover Sheet)(dpk) (Entered: 06/30/2011)
1 Exhibit A (Local Law No. "C" for 2011)
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2 Exhibit B (Consent Judgment and Decree dated 11/13/1991)
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3 Exhibit C (Memorandum-Decision and Order of Judge Norman A. Mordue dated 8/22/2
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4 Memorandum-Decision and Order of Judge Norman A. Mordue dated 10/20/2003)
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5 Exhibit E (Consent Decree and Judgment dated 8/19/2004)
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6 Exhibit F (Local Law No. 2 for 2004)
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7 Exhibit G (Consent Judgment and Decree dated 1/22/2007)
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8 Exhibit H (AHEJ Redistricting Plan, 2011)
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9 Exhibit I (Resolution No. 161)
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10 Exhibit J (Resolution No. 26)
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11 Civil Cover Sheet
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June 29, 2011
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June 29, 2011
Clearinghouse
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Minute Entry for proceedings held before Magistrate Judge David R. Homer. A Telephone Conference was held on 6/29/2011 with Mitchell Karlan and Paul DerOhannesian for plaintiffs; John Maney and Thomas Marcelle for defendants. A schedule was set for the filing of a preliminary injunction motion, discovery demands, depositions. A further telephone conference regarding the status of discovery will be held on 7/21/2011 at 9:30 a.m. with Magistrate Judge Homer. A written order will be entered. (lah, )
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June 29, 2011
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June 29, 2011
PACER
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2
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G.O. 25 FILING ORDER ISSUED: Initial Conference set for 11/8/2011 at 11:00 AM in Albany before Magistrate Judge David R. Homer. Civil Case Management Plan due by 10/25/2011. (dpk) (Entered: 06/30/2011)
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June 30, 2011
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June 30, 2011
PACER
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3
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Summons Issued as to Albany County Board of Elections and County of Albany. (Attachments: # 1 Summons Issued as to the Albany County Board of Elections)(dpk) (Entered: 06/30/2011)
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June 30, 2011
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June 30, 2011
PACER
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Notice re: Compliance with General Order #12: Pursuant to General Order #12, counsel is required to file the Notice of Related Case form as a separate document. Refer to the Court's website: www.nynd.uscourts.gov for further instructions. Counsel may access the fillable form using the following link: www.nynd.uscourts.gov/documents/GO12_withfillablenoticemtd.pdf (dpk)
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June 30, 2011
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June 30, 2011
PACER
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4
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ORDER: On June 30, 2011, a telephone conference was held with counsel for all parties to determine a schedule for proceedings on plaintiffs' anticipated motion for a preliminary injunction. Plaintiffs shall file any motion for a preliminary injunction on or before July 15, 2011; Any party may take the oral deposition of an opposing party or non-party during the week of July 18, 2011 upon reasonable notice and at dates, times, and places to be arranged among the parties; A telephone conference concerning the status of discovery will be held with the Court on July 21, 2011 at 9:30 a.m. (Judge Homer's chambers will initiate the conference telephone call) to determine the status of discovery regarding plaintiffs' motion; Defendant shall serve any response to plaintiffs' motion for a preliminary injunction on or before July 29, 2011; The hearing on plaintiffs' motion shall commence on August 3,2011 at 10:00 a.m. before Senior United States District Judge Lawrence E. Kahn in Courtroom 1, fourth floor, James T. Foley U.S. Courthouse, 445 Broadway, Albany, New York. Signed by Magistrate Judge David R. Homer on 7/1/2011. (mgh) (Entered: 07/01/2011)
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July 1, 2011
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July 1, 2011
PACER
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5
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AFFIDAVIT of Service for Summons and Complaint, General Order #25, et al. served on County of Albany on July 5, 2011, filed by Janis Gonzalez, Anne Pope, Wanda Willingham. (DerOhannesian, Paul) (Entered: 07/08/2011)
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July 8, 2011
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July 8, 2011
PACER
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6
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AFFIDAVIT of Service for Summons and Complaint, General Order #25 et al. served on Albany County Board of Elections on July 8, 2011, filed by Janis Gonzalez, Anne Pope, Wanda Willingham. (DerOhannesian, Paul) (Entered: 07/08/2011)
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July 8, 2011
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July 8, 2011
PACER
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7
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Letter Motion from Plaintiffs' attorneys for Janis Gonzalez, Anne Pope, Wanda Willingham requesting Request for Leave - excess pages submitted to Judge Hon. Lawrence E. Kahn. (DerOhannesian, Paul) (Entered: 07/13/2011)
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July 13, 2011
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July 13, 2011
PACER
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8
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NOTICE of Appearance by Thomas Marcelle on behalf of Albany County Board of Elections (Marcelle, Thomas) (Entered: 07/13/2011)
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July 13, 2011
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July 13, 2011
PACER
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9
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Letter Motion from Tom Marcelle for Albany County Board of Elections requesting Scheduling Conference submitted to Judge Kahn/Homer. (Marcelle, Thomas) (Entered: 07/13/2011)
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July 13, 2011
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July 13, 2011
PACER
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10
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Letter Request and ORDER granting 7 request submitted by attorney P. DerOhannesian's on behalf of the plaintiffs, seeking permission to file a memo of law not to exceed 35 pages. Signed by Senior Judge Lawrence E. Kahn on July 14, 2011. (sas) (Entered: 07/14/2011)
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July 14, 2011
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July 14, 2011
PACER
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11
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TEXT ORDER re 9 Letter Motion from Tom Marcelle for Albany County Board of Elections. This request is being referred to Magistrate Judge David R. Homer. Signed by Senior Judge Lawrence E. Kahn on July 14, 2011. (sas) (Entered: 07/14/2011)
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July 14, 2011
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July 14, 2011
PACER
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12
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MOTION for Preliminary Injunction pursuant to Rule 65 of the Federal Rules of Civil Procedure filed by Janis Gonzalez, Anne Pope, Wanda Willingham. (Karlan, Mitchell) (Entered: 07/15/2011)
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July 15, 2011
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July 15, 2011
Clearinghouse
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13
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AFFIDAVIT in Support re 12 MOTION for Preliminary Injunction pursuant to Rule 65 of the Federal Rules of Civil Procedure (Green) filed by Janis Gonzalez, Anne Pope, Wanda Willingham. (Attachments: # 1 Exhibit(s) 1, # 2 Exhibit(s) 2, # 3 Exhibit(s) 3, # 4 Exhibit(s) 4, # 5 Exhibit(s) 5, # 6 Exhibit(s) 6)(Karlan, Mitchell) (Entered: 07/15/2011)
1 Exhibit(s) 1
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2 Exhibit(s) 2
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3 Exhibit(s) 3
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4 Exhibit(s) 4
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5 Exhibit(s) 5
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6 Exhibit(s) 6
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July 15, 2011
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July 15, 2011
Clearinghouse
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14
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AFFIDAVIT in Support re 12 MOTION for Preliminary Injunction pursuant to Rule 65 of the Federal Rules of Civil Procedure (Pope) filed by Janis Gonzalez, Anne Pope, Wanda Willingham. (Karlan, Mitchell) (Entered: 07/15/2011)
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July 15, 2011
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July 15, 2011
Clearinghouse
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15
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AFFIDAVIT in Support re 12 MOTION for Preliminary Injunction pursuant to Rule 65 of the Federal Rules of Civil Procedure (Walston) filed by Janis Gonzalez, Anne Pope, Wanda Willingham. (Karlan, Mitchell) (Entered: 07/15/2011)
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July 15, 2011
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July 15, 2011
Clearinghouse
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16
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AFFIDAVIT in Support re 12 MOTION for Preliminary Injunction pursuant to Rule 65 of the Federal Rules of Civil Procedure (Allard) filed by Janis Gonzalez, Anne Pope, Wanda Willingham. (Attachments: # 1 Exhibit(s) 1)(Karlan, Mitchell) (Entered: 07/15/2011)
1 Exhibit(s) 1
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July 15, 2011
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July 15, 2011
Clearinghouse
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17
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AFFIDAVIT in Support re 12 MOTION for Preliminary Injunction pursuant to Rule 65 of the Federal Rules of Civil Procedure (J. Gonzalez) filed by Janis Gonzalez, Anne Pope, Wanda Willingham. (Attachments: # 1 Exhibit(s) 1, # 2 Exhibit(s) 2)(Karlan, Mitchell) (Entered: 07/15/2011)
1 Exhibit(s) 1
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2 Exhibit(s) 2
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July 15, 2011
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July 15, 2011
Clearinghouse
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18
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AFFIDAVIT in Support re 12 MOTION for Preliminary Injunction pursuant to Rule 65 of the Federal Rules of Civil Procedure (Gomez) filed by Janis Gonzalez, Anne Pope, Wanda Willingham. (Attachments: # 1 Exhibit(s) 1)(Karlan, Mitchell) (Entered: 07/15/2011)
1 Exhibit(s) 1
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July 15, 2011
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July 15, 2011
Clearinghouse
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19
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AFFIDAVIT in Support re 12 MOTION for Preliminary Injunction pursuant to Rule 65 of the Federal Rules of Civil Procedure (Sheehan) filed by Janis Gonzalez, Anne Pope, Wanda Willingham. (Attachments: # 1 Exhibit(s) 1)(Karlan, Mitchell) (Entered: 07/15/2011)
1 Exhibit(s) 1
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July 15, 2011
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July 15, 2011
Clearinghouse
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20
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AFFIDAVIT in Support re 12 MOTION for Preliminary Injunction pursuant to Rule 65 of the Federal Rules of Civil Procedure (Mcknight) filed by Janis Gonzalez, Anne Pope, Wanda Willingham. (Attachments: # 1 Exhibit(s) 1, # 2 Exhibit(s) 2, # 3 Exhibit(s) 3, # 4 Exhibit(s) 4)(Karlan, Mitchell) (Entered: 07/15/2011)
1 Exhibit(s) 1
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2 Exhibit(s) 2
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3 Exhibit(s) 3
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4 Exhibit(s) 4
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July 15, 2011
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July 15, 2011
Clearinghouse
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21
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AFFIDAVIT in Support re 12 MOTION for Preliminary Injunction pursuant to Rule 65 of the Federal Rules of Civil Procedure (Smith) filed by Janis Gonzalez, Anne Pope, Wanda Willingham. (Karlan, Mitchell) (Entered: 07/15/2011)
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July 15, 2011
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July 15, 2011
Clearinghouse
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22
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AFFIDAVIT in Support re 12 MOTION for Preliminary Injunction pursuant to Rule 65 of the Federal Rules of Civil Procedure (Coleman) filed by Janis Gonzalez, Anne Pope, Wanda Willingham. (Karlan, Mitchell) (Entered: 07/15/2011)
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July 15, 2011
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July 15, 2011
Clearinghouse
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23
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AFFIDAVIT in Support re 12 MOTION for Preliminary Injunction pursuant to Rule 65 of the Federal Rules of Civil Procedure (C. Gonzalez) filed by Janis Gonzalez, Anne Pope, Wanda Willingham. (Attachments: # 1 Exhibit(s) 1)(Karlan, Mitchell) (Entered: 07/15/2011)
1 Exhibit(s) 1
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July 15, 2011
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July 15, 2011
Clearinghouse
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24
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AFFIDAVIT in Support re 12 MOTION for Preliminary Injunction pursuant to Rule 65 of the Federal Rules of Civil Procedure (Liu) filed by Janis Gonzalez, Anne Pope, Wanda Willingham. (Attachments: # 1 Exhibit(s) 1, # 2 Exhibit(s) 2, # 3 Exhibit(s) 3, # 4 Exhibit(s) 4, # 5 Exhibit(s) 5, # 6 Exhibit(s) 6, # 7 Exhibit(s) 7, # 8 Exhibit(s) 8)(Karlan, Mitchell) (Entered: 07/15/2011)
1 Exhibit(s) 1
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2 Exhibit(s) 2
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3 Exhibit(s) 3
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4 Exhibit(s) 4
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5 Exhibit(s) 5
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6 Exhibit(s) 6
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7 Exhibit(s) 7
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8 Exhibit(s) 8
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July 15, 2011
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July 15, 2011
Clearinghouse
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25
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AFFIDAVIT in Support re 12 MOTION for Preliminary Injunction pursuant to Rule 65 of the Federal Rules of Civil Procedure (Cooper) filed by Janis Gonzalez, Anne Pope, Wanda Willingham. (Attachments: # 1 Exhibit(s) 1, # 2 Exhibit(s) 2, # 3 Exhibit(s) 3, # 4 Exhibit(s) 4, # 5 Exhibit(s) 5, # 6 Exhibit(s) 6, # 7 Exhibit(s) 7, # 8 Exhibit(s) 8, # 9 Exhibit(s) 9, # 10 Exhibit(s) 10, # 11 Exhibit(s) 11, # 12 Exhibit(s) 12, # 13 Exhibit(s) 13, # 14 Exhibit(s) 14, # 15 Exhibit(s) 15, # 16 Exhibit(s) 16, # 17 Exhibit(s) 17)(Karlan, Mitchell) (Entered: 07/15/2011)
1 Exhibit(s) 1
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2 Exhibit(s) 2
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3 Exhibit(s) 3
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4 Exhibit(s) 4
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5 Exhibit(s) 5
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6 Exhibit(s) 6
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7 Exhibit(s) 7
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8 Exhibit(s) 8
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9 Exhibit(s) 9
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10 Exhibit(s) 10
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11 Exhibit(s) 11
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12 Exhibit(s) 12
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13 Exhibit(s) 13
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14 Exhibit(s) 14
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15 Exhibit(s) 15
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16 Exhibit(s) 16
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17 Exhibit(s) 17
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July 15, 2011
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July 15, 2011
Clearinghouse
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26
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AFFIDAVIT in Support re 12 MOTION for Preliminary Injunction pursuant to Rule 65 of the Federal Rules of Civil Procedure (Willingham) filed by Janis Gonzalez, Anne Pope, Wanda Willingham. (Attachments: # 1 Exhibit(s) 1, # 2 Exhibit(s) 2, # 3 Exhibit(s) 3)(Karlan, Mitchell) (Entered: 07/15/2011)
1 Exhibit(s) 1
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2 Exhibit(s) 2
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3 Exhibit(s) 3
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July 15, 2011
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July 15, 2011
Clearinghouse
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27
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AFFIDAVIT in Support re 12 MOTION for Preliminary Injunction pursuant to Rule 65 of the Federal Rules of Civil Procedure (Ellis) filed by Janis Gonzalez, Anne Pope, Wanda Willingham. (Attachments: # 1 Exhibit(s) A)(Karlan, Mitchell) (Entered: 07/15/2011)
1 Exhibit(s) A
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July 15, 2011
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July 15, 2011
Clearinghouse
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28
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AFFIDAVIT in Support re 12 MOTION for Preliminary Injunction pursuant to Rule 65 of the Federal Rules of Civil Procedure (Mair) filed by Janis Gonzalez, Anne Pope, Wanda Willingham. (Attachments: # 1 Exhibit(s) 1, # 2 Exhibit(s) 2, # 3 Exhibit(s) 3, # 4 Exhibit(s) 4, # 5 Exhibit(s) 5, # 6 Exhibit(s) 6, # 7 Exhibit(s) 7, # 8 Exhibit(s) 8, # 9 Exhibit(s) 9, # 10 Exhibit(s) 10, # 11 Exhibit(s) 11, # 12 Exhibit(s) 12, # 13 Exhibit(s) 13, # 14 Exhibit(s) 14, # 15 Exhibit(s) 15, # 16 Exhibit(s) 16, # 17 Exhibit(s) 17, # 18 Exhibit(s) 18)(Karlan, Mitchell) (Entered: 07/15/2011)
1 Exhibit(s) 1
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2 Exhibit(s) 2
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3 Exhibit(s) 3
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4 Exhibit(s) 4
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5 Exhibit(s) 5
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6 Exhibit(s) 6
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7 Exhibit(s) 7
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8 Exhibit(s) 8
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9 Exhibit(s) 9
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10 Exhibit(s) 10
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11 Exhibit(s) 11
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12 Exhibit(s) 12
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13 Exhibit(s) 13
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14 Exhibit(s) 14
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15 Exhibit(s) 15
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16 Exhibit(s) 16
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17 Exhibit(s) 17
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18 Exhibit(s) 18
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July 15, 2011
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July 15, 2011
Clearinghouse
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29
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AFFIDAVIT in Support re 12 MOTION for Preliminary Injunction pursuant to Rule 65 of the Federal Rules of Civil Procedure (DerOhannesian) filed by Janis Gonzalez, Anne Pope, Wanda Willingham. (Attachments: # 1 Exhibit(s) 1, # 2 Exhibit(s) 2, # 3 Exhibit(s) 3)(Karlan, Mitchell) (Entered: 07/15/2011)
1 Exhibit(s) 1
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2 Exhibit(s) 2
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3 Exhibit(s) 3
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July 15, 2011
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July 15, 2011
Clearinghouse
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30
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MEMORANDUM OF LAW re 12 Motion for Preliminary Injunction pursuant to Rule 65 of the Federal Rules of Civil Procedure filed by Janis Gonzalez, Anne Pope, Wanda Willingham. (Karlan, Mitchell) (Entered: 07/15/2011)
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July 15, 2011
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July 15, 2011
Clearinghouse
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31
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CERTIFICATE OF SERVICE by Janis Gonzalez, Anne Pope, Wanda Willingham re 18 Affidavit in Support of Motion, 12 MOTION for Preliminary Injunction pursuant to Rule 65 of the Federal Rules of Civil Procedure, 13 Affidavit in Support of Motion, 24 Affidavit in Support of Motion, 21 Affidavit in Support of Motion, 28 Affidavit in Support of Motion,, 19 Affidavit in Support of Motion, 15 Affidavit in Support of Motion, 27 Affidavit in Support of Motion, 29 Affidavit in Support of Motion, 14 Affidavit in Support of Motion, 25 Affidavit in Support of Motion,, 23 Affidavit in Support of Motion, 17 Affidavit in Support of Motion, 16 Affidavit in Support of Motion, 22 Affidavit in Support of Motion, 26 Affidavit in Support of Motion, 30 Memorandum of Law, 20 Affidavit in Support of Motion, (Karlan, Mitchell) (Entered: 07/15/2011)
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July 15, 2011
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July 15, 2011
PACER
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32
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Letter Motion from Plaintiffs for Janis Gonzalez, Anne Pope, Wanda Willingham requesting order of discovery submitted to Judge Magistrate Judge Homer. (DerOhannesian, Paul) (Entered: 07/18/2011)
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July 18, 2011
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July 18, 2011
PACER
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TEXT ORDER RE 32 Letter Motion from plaintiffs seeking an immediate order to compel discovery. That request will be considered at the scheduled conference on July 21, 2011 at 9:30 a.m. Signed by Magistrate Judge David R. Homer on 7/19/2011. (lah, )
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July 19, 2011
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July 19, 2011
PACER
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33
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NOTICE of Appearance by Peter G. Barber on behalf of County of Albany (Barber, Peter) (Entered: 07/19/2011)
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July 19, 2011
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July 19, 2011
PACER
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34
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Letter Motion from Peter G. Barber, Esq. for County of Albany requesting rescheduling of telephone conference scheduled for July 21 at 9:30AM submitted to Judge Homer. (Barber, Peter) (Entered: 07/19/2011)
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July 19, 2011
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July 19, 2011
PACER
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TEXT NOTICE. The Telephone Status Conference regarding discovery with Magistrate Judge David R. Homer previously set for 7/21/2011 is RESCHEDULED to JULY 22, 2011 at 9:30 a.m. pursuant to the request of counsel for Albany County. PLAINTIFFS' COUNSEL shall initiate the telephone conference call. (lah, )
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July 20, 2011
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July 20, 2011
PACER
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Minute Entry for proceedings held re 32, 34 before Magistrate Judge David R. Homer. A Telephone Conference was held on 7/22/2011 with counsel for all parties regarding discoveryin preparation for a motion for preliminary injunction. Arguments were heard and a written order will be entered by the court. (lah, )
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July 22, 2011
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July 22, 2011
PACER
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35
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ORDER: A telephone conference was held with counsel for all parties on July 22, 2011 to determine the status of pre-hearing proceedings and to address issues raised by the parties since entry of the prior order (Dkt No. 4 ). ORDERED that, The evidentiary hearing on plaintiffs' 12 motion for a preliminary injunction will commence as scheduled on August 3, 2011 at 10:00 a.m. in Courtroom No. 1, fourth floor, James T. Foley U.S. Courthouse, 445 Broadway, Albany, New York before Senior United States District Judge Lawrence E. Kahn; The deadline for defendants to serve responses to plaintiffs' motion for a preliminary injunction remains July 29, 2011;. The 4 order filed July 1, 2011 is modified; the deadlines, dates and descriptions regarding document disclosure and exchange are set forth in this Order. Signed by Magistrate Judge David R. Homer on 7/22/2011. (mgh) (Entered: 07/22/2011)
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July 22, 2011
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July 22, 2011
PACER
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36
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Letter Motion from Tom Marcelle for Albany County Board of Elections, County of Albany requesting Order of the hearing on the preliminary injunction submitted to Judge Homer/Kahn. (Marcelle, Thomas) (Entered: 07/25/2011)
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July 25, 2011
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July 25, 2011
PACER
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37
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ANSWER to 1 Complaint,,, by Albany County Board of Elections, County of Albany. (Attachments: # 1 Affidavit Affidavit of Service)(Barber, Peter) (Entered: 07/26/2011)
1 Affidavit Affidavit of Service
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July 26, 2011
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July 26, 2011
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38
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AFFIDAVIT in Support re 12 MOTION for Preliminary Injunction pursuant to Rule 65 of the Federal Rules of Civil Procedure (McLaughlin) filed by Janis Gonzalez, Anne Pope, Wanda Willingham. (Attachments: # 1 Exhibit(s) 1)(Karlan, Mitchell) (Entered: 07/29/2011)
1 Exhibit(s) 1
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July 29, 2011
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July 29, 2011
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39
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AFFIDAVIT in Support re 12 MOTION for Preliminary Injunction pursuant to Rule 65 of the Federal Rules of Civil Procedure (Webb-Williams) filed by Janis Gonzalez, Anne Pope, Wanda Willingham. (Karlan, Mitchell) (Entered: 07/29/2011)
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July 29, 2011
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July 29, 2011
Clearinghouse
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40
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RESPONSE to Motion re 12 MOTION for Preliminary Injunction pursuant to Rule 65 of the Federal Rules of Civil Procedure filed by Albany County Board of Elections, County of Albany. (Attachments: # 1 Declaration Marcelle, # 2 Declaration Bledi with exhibits)(Marcelle, Thomas) (Main Document 40 replaced on 8/4/2011) (dpk, ). (Entered: 07/29/2011)
1 Declaration Marcelle
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2 Declaration Bledi with exhibits
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July 29, 2011
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July 29, 2011
PACER
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41
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CERTIFICATE OF SERVICE by Janis Gonzalez, Anne Pope, Wanda Willingham re 38 Affidavit in Support of Motion, 39 Affidavit in Support of Motion (Karlan, Mitchell) (Entered: 07/29/2011)
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July 29, 2011
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July 29, 2011
PACER
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42
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RESPONSE to Motion re 12 MOTION for Preliminary Injunction pursuant to Rule 65 of the Federal Rules of Civil Procedure filed by Albany County Board of Elections, County of Albany. (Attachments: # 1 Affidavit service)(Marcelle, Thomas) (Entered: 07/29/2011)
1 Affidavit service
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July 29, 2011
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July 29, 2011
Clearinghouse
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43
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RESPONSE to Motion re 12 MOTION for Preliminary Injunction pursuant to Rule 65 of the Federal Rules of Civil Procedure Merrill Ex E p. 1- 49 filed by Albany County Board of Elections, County of Albany. (Marcelle, Thomas) (Entered: 07/29/2011)
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July 29, 2011
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July 29, 2011
Clearinghouse
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44
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RESPONSE to Motion re 12 MOTION for Preliminary Injunction pursuant to Rule 65 of the Federal Rules of Civil Procedure Merrill Ex E 50-69 filed by Albany County Board of Elections, County of Albany. (Marcelle, Thomas) (Entered: 07/29/2011)
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July 29, 2011
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July 29, 2011
Clearinghouse
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45
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RESPONSE to Motion re 12 MOTION for Preliminary Injunction pursuant to Rule 65 of the Federal Rules of Civil Procedure Merrill Ex E 60-88 filed by Albany County Board of Elections, County of Albany. (Marcelle, Thomas) (Entered: 07/29/2011)
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July 29, 2011
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July 29, 2011
RECAP
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46
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RESPONSE to Motion re 12 MOTION for Preliminary Injunction pursuant to Rule 65 of the Federal Rules of Civil Procedure Marcelle Amended Dec with Exhibits filed by Albany County Board of Elections, County of Albany. (Marcelle, Thomas) (Entered: 07/29/2011)
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July 29, 2011
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July 29, 2011
PACER
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47
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Exhibit List for August 3, 2011 Hearing Pursuant to the Court's July 22, 2011 Order by Janis Gonzalez, Anne Pope, Wanda Willingham. (Attachments: # 1 Exhibit(s) 1, # 2 Certificate of Service)(Karlan, Mitchell) (Entered: 08/01/2011)
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Aug. 1, 2011
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Aug. 1, 2011
PACER
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48
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Exhibit List and Witness List by Albany County Board of Elections, County of Albany. (Marcelle, Thomas) (Entered: 08/02/2011)
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Aug. 2, 2011
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Aug. 2, 2011
PACER
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49
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MOTION for Limited Admission Pro Hac Vice of Aric Hugo Wu Filing fee $100, receipt number 0206-1931710. filed by Janis Gonzalez, Anne Pope, Wanda Willingham. (Attachments: # 1 Petition, # 2 Sponsor Affidavit, # 3 Registration, # 4 Cert. of Good Standing, # 5 Proposed Order/Judgment) Motions referred to David R. Homer. (Karlan, Mitchell) (Entered: 08/02/2011)
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Aug. 2, 2011
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Aug. 2, 2011
PACER
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50
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MOTION for Limited Admission Pro Hac Vice of Brendon Sipe Fleming Filing fee $100, receipt number 0206-1931712. filed by Janis Gonzalez, Anne Pope, Wanda Willingham. (Attachments: # 1 Petition, # 2 Sponsor Affidavit, # 3 Registration, # 4 Cert. of Good Standing, # 5 Proposed Order/Judgment) Motions referred to David R. Homer. (Karlan, Mitchell) (Entered: 08/02/2011)
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Aug. 2, 2011
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Aug. 2, 2011
PACER
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51
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MOTION for Limited Admission Pro Hac Vice of Teresa ReiMei Kung Filing fee $100, receipt number 0206-1931713. filed by Janis Gonzalez, Anne Pope, Wanda Willingham. (Attachments: # 1 Petition, # 2 Sponsor Affidavit, # 3 Registration, # 4 Cert. of Good Standing, # 5 Proposed Order/Judgment) Motions referred to David R. Homer. (Karlan, Mitchell) (Entered: 08/02/2011)
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Aug. 2, 2011
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Aug. 2, 2011
PACER
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52
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MOTION for Limited Admission Pro Hac Vice of Jeana Marie Bisnar Maute Filing fee $100, receipt number 0206-1931715. filed by Janis Gonzalez, Anne Pope, Wanda Willingham. (Attachments: # 1 Petition, # 2 Sponsor Affidavit, # 3 Registration, # 4 Cert. of Good Standing, # 5 Proposed Order/Judgment) Motions referred to David R. Homer. (Karlan, Mitchell) (Entered: 08/02/2011)
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Aug. 2, 2011
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Aug. 2, 2011
PACER
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53
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CERTIFICATE OF SERVICE by Janis Gonzalez, Anne Pope, Wanda Willingham re 49 MOTION for Limited Admission Pro Hac Vice of Aric Hugo Wu Filing fee $100, receipt number 0206-1931710., 50 MOTION for Limited Admission Pro Hac Vice of Brendon Sipe Fleming Filing fee $100, receipt number 0206-1931712., 51 MOTION for Limited Admission Pro Hac Vice of Teresa ReiMei Kung Filing fee $100, receipt number 0206-1931713., 52 MOTION for Limited Admission Pro Hac Vice of Jeana Marie Bisnar Maute Filing fee $100, receipt number 0206-1931715. (Karlan, Mitchell) (Entered: 08/02/2011)
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Aug. 2, 2011
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Aug. 2, 2011
PACER
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54
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AMENDED DOCUMENT by Janis Gonzalez, Anne Pope, Wanda Willingham. Amendment to 25 Affidavit in Support of Motion,, (COOPER). (Attachments: # 1 Cert. of Service)(Karlan, Mitchell) (Entered: 08/02/2011)
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Aug. 2, 2011
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Aug. 2, 2011
PACER
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55
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Letter Motion from Tom Marcelle for Albany County Board of Elections, County of Albany requesting Amending memorandum of law submitted to Judge Kahn. (Attachments: # 1 Memorandum of Law amended)(Marcelle, Thomas) (Entered: 08/02/2011)
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Aug. 2, 2011
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Aug. 2, 2011
PACER
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56
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MOTION for Temporary Restraining Order by Janis Gonzalez, Anne Pope, Wanda Willingham. (Attachments: # 1 Proposed Order/Judgment, # 2 Affirmation)(DerOhannesian, Paul) (Entered: 08/03/2011)
1 Proposed Order/Judgment
View on RECAP
2 Affirmation
View on RECAP
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Aug. 3, 2011
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Aug. 3, 2011
Clearinghouse
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57
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NOTICE by Janis Gonzalez, Anne Pope, Wanda Willingham Plaintiffs' Memorandum on Majority-Minority Rule (DerOhannesian, Paul) (Entered: 08/03/2011)
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Aug. 3, 2011
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Aug. 3, 2011
PACER
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58
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CERTIFICATE OF SERVICE by Janis Gonzalez, Anne Pope, Wanda Willingham (DerOhannesian, Paul) (Entered: 08/03/2011)
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Aug. 3, 2011
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Aug. 3, 2011
PACER
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64
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Minute Entry for proceedings held before Senior Judge Lawrence E. Kahn: Show Cause Hearing held on 8/3/2011 12 Motion for Preliminary Injunction filed by Janis Gonzalez, Anne Pope, Wanda Willingham.Evidence Entered. Proceeding continued to 8/4/11 at 9:00 A.M. Appearances: Attorneys Mitchell A. Karlan, Paul DerOhannesian, II., Aric Hugo Wu, Brendon Sipe Fleming, Teresa Reimei Kung, Jeana Marie Bisnar Maute, Peter G. Barber & Thomas Marcelle. (Court Reporter T. Casal, L. Tennyson & CRD S. Snyder) (sas) (Entered: 08/05/2011)
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Aug. 3, 2011
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Aug. 3, 2011
PACER
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59
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ORDER granting 55 Letter Request. Signed by Senior Judge Lawrence E. Kahn on 8/4/2011. (dpk) (Entered: 08/04/2011)
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Aug. 4, 2011
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Aug. 4, 2011
PACER
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CLERK'S CORRECTION OF DOCKET ENTRY re 40 Response to Motion. Replaced main document in accordance with Judge Kahn's 59 ORDER on Letter Request. (dpk)
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Aug. 4, 2011
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Aug. 4, 2011
PACER
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60
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ORDER granting 49 Motion for Limited Admission Pro Hac Vice. Signed by Senior Judge Lawrence E. Kahn on 8/2/2011. (dpk) (Entered: 08/05/2011)
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Aug. 4, 2011
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Aug. 4, 2011
PACER
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61
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ORDER granting 50 Motion for Limited Admission Pro Hac Vice. Signed by Senior Judge Lawrence E. Kahn on 8/2/2011. (dpk) (Entered: 08/05/2011)
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Aug. 4, 2011
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Aug. 4, 2011
PACER
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62
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ORDER granting 51 Motion for Limited Admission Pro Hac Vice. Signed by Senior Judge Lawrence E. Kahn on 8/2/2011. (dpk) Modified on 8/5/2011 to reflect proper date filed(dpk). (Entered: 08/05/2011)
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Aug. 4, 2011
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Aug. 4, 2011
PACER
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63
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ORDER granting 52 Motion for Limited Admission Pro Hac Vice. Signed by Senior Judge Lawrence E. Kahn on 8/2/2011. (dpk) (Entered: 08/05/2011)
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Aug. 4, 2011
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Aug. 4, 2011
PACER
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65
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Minute Entry for proceedings held before Senior Judge Lawrence E. Kahn: Part 2 ofShow Cause Hearing held on 8/4/2011 12 Motion for Preliminary Injunction filed by Janis Gonzalez, Anne Pope & Wanda Willingham. Evidence Entered. Proof is closed. Appearances: Attorneys Mitchell A. Karlan, Paul DerOhannesian, II., Aric Hugo Wu, Brendon Sipe Fleming, Teresa Reimei Kung, Jeana Marie Bisnar Maute, Peter G. Barber & Thomas Marcelle. (Court Reporter T. Casal, L. Tennyson & CRD S. Snyder) (sas) (Entered: 08/05/2011)
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Aug. 4, 2011
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Aug. 4, 2011
PACER
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66
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RESPONSE in Opposition re 56 MOTION for Temporary Restraining Order Memo of Law filed by Albany County Board of Elections, County of Albany. (Marcelle, Thomas) (Entered: 08/05/2011)
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Aug. 5, 2011
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Aug. 5, 2011
Clearinghouse
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67
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MEMORANDUM OF LAW - PLAINTIFFS' MEMORANDUM ON POLITICAL COHESION filed by Janis Gonzalez, Anne Pope, Wanda Willingham. (Karlan, Mitchell) (Entered: 08/05/2011)
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Aug. 5, 2011
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Aug. 5, 2011
Clearinghouse
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68
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Exhibit List by Albany County Board of Elections, County of Albany. (Attachments: # 1 Exhibit(s) part 2 of Ex 17 Liu testimony)(Marcelle, Thomas) (Entered: 08/08/2011)
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Aug. 8, 2011
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Aug. 8, 2011
PACER
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69
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Exhibit List 17 part3 Liu Testimony by Albany County Board of Elections, County of Albany. (Attachments: # 1 Exhibit(s) Part 4 of EX 17 Liu Testimony)(Marcelle, Thomas) (Entered: 08/08/2011)
1 Exhibit(s) Part 4 of EX 17 Liu Testimony
View on PACER
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Aug. 8, 2011
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Aug. 8, 2011
Clearinghouse
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70
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Exhibit List 17A Plaintiffs' oral objection to Albany County's 2003 remedial plan by Albany County Board of Elections, County of Albany. (Attachments: # 1 Exhibit(s) Ex 33 Albany County Cenus Data with 18+ by race, # 2 Exhibit(s) Ex. 37 National Legislature Redistricting Manuel)(Marcelle, Thomas) (Entered: 08/08/2011)
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Aug. 8, 2011
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Aug. 8, 2011
PACER
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71
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Exhibit List Ex 36 Legislative District Map change from 2003 plan to 2011 plan by Albany County Board of Elections, County of Albany. (Marcelle, Thomas) (Entered: 08/08/2011)
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Aug. 8, 2011
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Aug. 8, 2011
PACER
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72
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Letter Motion from Plaintiffs to request teleconference regarding discovery for Janis Gonzalez, Anne Pope, Wanda Willingham requesting teleconference regarding discovery submitted to Judge Magistrate Judge Homer. (DerOhannesian, Paul) (Entered: 08/08/2011)
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Aug. 8, 2011
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Aug. 8, 2011
PACER
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TEXT NOTICE re 72 Plaintiffs' Letter Motion requesting discovery conference. A Telephone Conference will be held on AUGUST 17, 2011 at 11:00 a.m. with Magistrate Judge David R. Homer. Plaintiffs' counsel shall initiate the conference call.(lah, )
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Aug. 9, 2011
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Aug. 9, 2011
PACER
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TEXT ORDER denying 56 Motion for TRO. A decision from the Court addressing Plaintiffs' 12 Motion for a preliminary injunction will be forthcoming. Signed by Senior Judge Lawrence E. Kahn on 8/10/11. (ban)
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Aug. 10, 2011
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Aug. 10, 2011
PACER
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73
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NOTICE of Appearance by Teresa Reimei Kung on behalf of Janis Gonzalez, Anne Pope, Wanda Willingham (Kung, Teresa) (Entered: 08/17/2011)
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Aug. 17, 2011
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Aug. 17, 2011
PACER
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74
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NOTICE of Appearance by Jeana Marie Bisnar Maute on behalf of Janis Gonzalez, Anne Pope, Wanda Willingham (Maute, Jeana Marie) (Entered: 08/17/2011)
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Aug. 17, 2011
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Aug. 17, 2011
PACER
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75
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NOTICE of Appearance by Brendon Sipe Fleming on behalf of Janis Gonzalez, Anne Pope, Wanda Willingham (Fleming, Brendon) (Entered: 08/17/2011)
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Aug. 17, 2011
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Aug. 17, 2011
PACER
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Minute Entry for proceedings held re 72 before Magistrate Judge David R. Homer. A Telephone Conference was held on 8/17/2011 with Mitchell Karlan for plaintiffs and Peter Barber and Thomas Marcelle for defendants. Plaintiffs requested leave to conduct certain expedited discovery. The court found no sufficient basis; however, the Rule 16 conference will be rescheduled to an earlier date (9/8/2011) to set a schedule. A written order will be entered. (lah, )
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Aug. 17, 2011
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Aug. 17, 2011
PACER
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76
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MEMORANDUM-DECISION and ORDERED, that Plaintiffs Motion for a preliminary injunction (Dkt. No. 12) is DENIED. Signed by Senior Judge Lawrence E. Kahn on August 18, 2011. (sas) (Entered: 08/18/2011)
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Aug. 18, 2011
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Aug. 18, 2011
Clearinghouse
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77
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ORDER: ORDERED that, Plaintiffs' request for expedited discovery regarding the sufficiency of defendants' compliance with plaintiffs' discovery demands in anticipation of the preliminary injunction hearing is DENIED; The conference required by Fed.R.Civ.P. 16 to establish a schedule for completion of this case is hereby advanced from its originally scheduled date of November 8, 2011 and will now be held in the chambers before U.S. Magistrate Judge David R. Homer on September 8, 2011 at 10:00 a.m. The parties shall confer as required by Fed.R.Civ.P. 26(f), and the parties and shall file the required Case Management Plan on or before September 6, 2011. Signed by Magistrate Judge David R. Homer on 8/18/2011. (mgh) (Entered: 08/18/2011)
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Aug. 18, 2011
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Aug. 18, 2011
PACER
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78
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NOTICE OF APPEAL as to 76 Order on Motion for Preliminary Injunction by Janis Gonzalez, Anne Pope, Wanda Willingham. Filing fee $ 455, receipt number 0206-1949666. (Attachments: # 1 Order, # 2 Certificate of Service)(Karlan, Mitchell) (Entered: 08/22/2011)
1 Order
View on RECAP
2 Certificate of Service
View on RECAP
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Aug. 22, 2011
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Aug. 22, 2011
Clearinghouse
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79
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ELECTRONIC NOTICE AND CERTIFICATION sent to US Court of Appeals re 78 Notice of Appeal (mgh) (Entered: 08/25/2011)
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Aug. 25, 2011
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Aug. 25, 2011
PACER
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80
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CIVIL CASE MANAGEMENT PLAN and cover letter from Plaintiffs' attorneys by Janis Gonzalez, Anne Pope, Wanda Willingham. (Attachments: # 1 Civil Case Management Plan)(DerOhannesian, Paul) (Entered: 08/25/2011)
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Aug. 25, 2011
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Aug. 25, 2011
PACER
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81
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TRANSCRIPT REQUEST and Certificate of Service by Janis Gonzalez, Anne Pope, Wanda Willingham for proceedings held on 08/03-08/04/11 before Judge Kahn.. (DerOhannesian, Paul) (Entered: 08/31/2011)
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Aug. 31, 2011
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Aug. 31, 2011
PACER
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82
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TRANSCRIPT of Proceedings: Order to Show Cause (Part 1) held on August 3, 2011 before Judge Lawrence E. Kahn, Court Reporter: Theresa J. Casal, Telephone number: 518.257.1897. IMPORTANT NOTICE - REDACTION OF TRANSCRIPTS: In order to remove personal identifier data from the transcript, a party must electronically file a Notice of Intent to Request Redaction with the Clerk's Office within 5 business days of this date. The policy governing the redaction of personal information is located on the court website at www.nynd.uscourts.gov. Read this policy carefully. If no Notice of Intent to Redact is filed within 5 business days of this date, the court will assume redaction of personal identifiers is not necessary and the transcript will be made available on the web 90 days from today's date. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 10/7/2011. Redacted Transcript Deadline set for 10/17/2011. Release of Transcript Restriction set for 12/15/2011. Notice of Intent to Redact due by 9/21/2011 (tjc, ) (Entered: 09/16/2011)
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Sept. 16, 2011
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Sept. 16, 2011
PACER
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Minute Entry for proceedings held before Magistrate Judge David R. Homer. A Rule 16 conference was held on 9/16/2011 with Paul DerOhannesian (in person) and Mitchell Karlan and other associates (by telephone) for plaintiff; Peter Barber and Thomas Marcell for defendants. Pretrial deadline were established and a scheduling order will be entered. A mid-discovery telephone status conference will be held on 2/7/2012 at 10:30 a.m. (lah, )
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Sept. 16, 2011
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Sept. 16, 2011
PACER
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TEXT NOTICE. A telephone mid-discovery status conference will be held on FEBRUARY 7, 2012 at 10:30 AM with Magistrate Judge David R. Homer. Plaintiffs' counsel will initiate the conference call. (lah, )
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Sept. 16, 2011
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Sept. 16, 2011
PACER
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83
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UNIFORM PRETRIAL SCHEDULING ORDER: Anticipated length of trial: 7 days. Preferred Trial Location: Albany. Joinder of Parties due by 12/2/2011. Amended Pleadings due by 1/5/2012. Discovery due by 3/19/2012. Motions to be filed by 4/13/2012. Bench Trial set for 9/17/2012 09:30 AM in Albany before Senior Judge Lawrence E. Kahn.. Signed by Magistrate Judge David R. Homer on 9/16/2011. (mgh) (Entered: 09/16/2011)
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Sept. 16, 2011
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Sept. 16, 2011
PACER
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USCA Case Number is 11-3439 for 78 Appeal filed by Janis Gonzalez, Anne Pope, and Wanda Willingham. (cbm )
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Sept. 20, 2011
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Sept. 20, 2011
PACER
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84
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TRANSCRIPT of Proceedings: Order to Show Cause held on August 3, 2011, before Judge Lawrence E. Kahn, Court Reporter: Lisa L. Tennyson, Telephone number: (518) 257-1823. IMPORTANT NOTICE - REDACTION OF TRANSCRIPTS: In order to remove personal identifier data from the transcript, a party must electronically file a Notice of Intent to Request Redaction with the Clerk's Office within 5 business days of this date. The policy governing the redaction of personal information is located on the court website at www.nynd.uscourts.gov. Read this policy carefully. If no Notice of Intent to Redact is filed within 5 business days of this date, the court will assume redaction of personal identifiers is not necessary and the transcript will be made available on the web 90 days from today's date. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 10/14/2011. Redacted Transcript Deadline set for 10/24/2011. Release of Transcript Restriction set for 12/22/2011. Notice of Intent to Redact due by 9/28/2011 (lt, ) (Entered: 09/23/2011)
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Sept. 23, 2011
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Sept. 23, 2011
PACER
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85
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TRANSCRIPT of Proceedings: Order to Show Cause held on August 4, 2011, before Judge Lawrence E. Kahn, Court Reporter: Lisa L. Tennyson, Telephone number: (518) 257-1823. IMPORTANT NOTICE - REDACTION OF TRANSCRIPTS: In order to remove personal identifier data from the transcript, a party must electronically file a Notice of Intent to Request Redaction with the Clerk's Office within 5 business days of this date. The policy governing the redaction of personal information is located on the court website at www.nynd.uscourts.gov. Read this policy carefully. If no Notice of Intent to Redact is filed within 5 business days of this date, the court will assume redaction of personal identifiers is not necessary and the transcript will be made available on the web 90 days from today's date. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 10/14/2011. Redacted Transcript Deadline set for 10/24/2011. Release of Transcript Restriction set for 12/22/2011. Notice of Intent to Redact due by 9/28/2011 (lt, ) (Entered: 09/23/2011)
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Sept. 23, 2011
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Sept. 23, 2011
PACER
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86
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Exhibit List - PLAINTIFFS' EXHIBIT LIST FOR AUGUST 3-4, 2011 HEARING - Relating to Docket Entry Nos. 64 and 65 by Janis Gonzalez, Anne Pope, Wanda Willingham. (Attachments: # 1 Plaintiffs' Hearing Exhibit D, # 2 Plaintiffs' Hearing Exhibit E, # 3 Plaintiffs' Hearing Exhibit F, # 4 Plaintiffs' Hearing Exhibit G, # 5 Certificate of Service)(Karlan, Mitchell) (Entered: 10/14/2011)
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Oct. 14, 2011
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Oct. 14, 2011
PACER
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87
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Letter Motion from Counsel for Plaintiffs for Janis Gonzalez, Anne Pope, Wanda Willingham requesting teleconference submitted to Judge Homer. (DerOhannesian, Paul) (Entered: 11/16/2011)
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Nov. 16, 2011
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Nov. 16, 2011
PACER
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88
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Letter Motion from Peter G. Barber, Esq. for Albany County Board of Elections, County of Albany requesting conference and in response to plaintiffs' letter (Dkt. No. 87) submitted to Judge Homer. (Barber, Peter) (Entered: 11/17/2011)
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Nov. 17, 2011
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Nov. 17, 2011
PACER
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