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Case: Hayden v. Pataki

1:00-cv-08586 | U.S. District Court for the Southern District of New York

Filed Date: Nov. 9, 2000

Closed Date: 2006

Clearinghouse coding complete

Case Summary

On November 9, 2000, Plaintiffs filed this class action against the State of New York and its State Board of Elections in the United States District Court for the Southern District of New York. Plaintiffs, Black and Latino individuals who had been convicted of felonies under the laws of the state of New York and were incarcerated in the New York prison system or on parole, claimed that pursuant to New York Election Law § 5-106(2), they were not permitted to vote in state or federal elections, i…

On November 9, 2000, Plaintiffs filed this class action against the State of New York and its State Board of Elections in the United States District Court for the Southern District of New York. Plaintiffs, Black and Latino individuals who had been convicted of felonies under the laws of the state of New York and were incarcerated in the New York prison system or on parole, claimed that pursuant to New York Election Law § 5-106(2), they were not permitted to vote in state or federal elections, in violation of the New York Constitution.

Plaintiffs, represented by public interest and private attorneys, alleged that the state provisions denied suffrage to incarcerated and paroled felons on account of their race in violation of the United States Constitution, the Voting Rights Act of 1965 and customary international law. They cited the fact that Blacks and Latinos comprised nearly 87% of those currently denied the right to vote pursuant to § 5-106(2). Plaintiffs sought declaratory and injunctive relief enjoining defendants from implementing and enforcing § 5-106(2).

On July 10, 2003, the Defendants moved for a judgment on the pleadings pursuant to Federal Rules of Civil Procedure 12(c). In an order filed on June 14, 2004, the Southern District of New York (Judge Lawrence M. McKenna) granted the motion. The court found that the Plaintiffs' complaint did not sufficiently allege that § 5-106(2) was motivated by a discriminatory intent and dismissed all constitutional and statutory claims.

The Plaintiffs appealed this decision to the Second Circuit Court of Appeals. In an en banc decision, the Second Circuit held that the Voting Rights Act of 1965 did not encompass prisoner disenfranchisement provisions because (a) Congress did not intend the Voting Rights Act to cover such provisions; and (b) Congress made no clear statement of intent to modify the federal balance by applying the Voting Rights Act to these provisions. On May 4, 2006 the Court of Appeals dismissed the Plaintiffs' claims challenging New York Election Law § 5-106, affirmed the judgment of the district court, and remanded to the district court for further proceedings consistent with the opinion.

In a per curiam opinion, filed on June 1, 2006, the Second Circuit clarified the ruling of its May 4, 2006 opinion, explaining that the case was to be remanded to the District Court to address the issue of whether the plaintiffs-appellants properly stated a vote dilution claim based on New York's apportionment process, and, if so, to rule on the merits of that claim. On August 4, 2006, the District Court found that no further proceedings in the District Court were required, and that the case in the District Court need not be reopened.

Summary Authors

David Priddy (7/19/2011)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/11723839/parties/hayden-v-pataki/


Judge(s)

Cabranes, José Alberto (Connecticut)

Calabresi, Guido (Connecticut)

Hall, Peter W. (Vermont)

Jacobs, Dennis G. (New York)

Katzmann, Robert A. (New York)

McKenna, Lawrence M. (New York)

Parker, Barrington Daniels Jr. (New York)

Pooler, Rosemary S. (New York)

Raggi, Reena (New York)

Sack, Robert David (New York)

Judge(s)

Cabranes, José Alberto (Connecticut)

Calabresi, Guido (Connecticut)

Hall, Peter W. (Vermont)

Jacobs, Dennis G. (New York)

Katzmann, Robert A. (New York)

McKenna, Lawrence M. (New York)

Parker, Barrington Daniels Jr. (New York)

Pooler, Rosemary S. (New York)

Raggi, Reena (New York)

Sack, Robert David (New York)

Sotomayor, Sonia (District of Columbia)

Walker, John Mercer Jr. (New York)

Wesley, Richard C. (New York)

Attorneys(s) for Plaintiff

Adegbile, Debo Patrick (New York)

Beverly, Alaina C. (New York)

Cartagena, Inan (New York)

Chachkin, Norman J. (New York)

Gibbs, Joan (New York)

Haygood, Ryan Paul (New Jersey)

Jones, Elaine R. (New York)

Kaufman, Risa (New York)

Nelson, Janai S. (New York)

Shaw, Theodore M. (New York)

Simmons, Esmeralda (New York)

Attorneys(s) for Defendant

Aronowitz, Michelle M. (District of Columbia)

Graber, Joel (New York)

Klass, Gregory (New York)

Spitzer, Eliot (New York)

Expert/Monitor/Master

Straub, Chester J. (New York)

Documents in the Clearinghouse

Document

1:00-cv-08586

Docket

Nov. 1, 2010

Nov. 1, 2010

Docket
16

1:00-cv-08586

First Amended Complaint

Jan. 15, 2003

Jan. 15, 2003

Complaint
17

1:00-cv-08586

Answer to Amended Complaint

April 14, 2003

April 14, 2003

Complaint
39

1:00-cv-08586

Memorandum and Order

June 14, 2004

June 14, 2004

Order/Opinion

1:00-cv-08586

04-03886

Brief for Plaintiffs-Appellants

U. S. Court of Appeals for the Second Circuit

Sept. 27, 2004

Sept. 27, 2004

Pleading / Motion / Brief

1:00-cv-08586

04-03886

Brief for Defendants-Appellees Pataki and Goord

U. S. Court of Appeals for the Second Circuit

Nov. 24, 2004

Nov. 24, 2004

Pleading / Motion / Brief

1:00-cv-08586

04-03886

Reply Brief for Plaintiffs-Appellants

U. S. Court of Appeals for the Second Circuit

Dec. 8, 2004

Dec. 8, 2004

Pleading / Motion / Brief

1:00-cv-08586

04-03886

Second Circuit Opinion

U. S. Court of Appeals for the Second Circuit

June 1, 2006

June 1, 2006

Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/11723839/hayden-v-pataki/

Last updated Oct. 28, 2022, 3:06 a.m.

ECF Number Description Date Link Date / Link
1

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)

Nov. 9, 2000

Nov. 9, 2000

PACER
2

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

Nov. 9, 2000

Nov. 9, 2000

PACER

Magistrate Judge Henry B. Pitman is so Designated. (bm)

Nov. 9, 2000

Nov. 9, 2000

PACER
3

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)

Dec. 13, 2000

Dec. 13, 2000

PACER
4

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)

Dec. 13, 2000

Dec. 13, 2000

PACER
5

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)

Dec. 29, 2000

Dec. 29, 2000

PACER
7

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

Jan. 3, 2001

Jan. 3, 2001

PACER
6

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

Jan. 5, 2001

Jan. 5, 2001

PACER
8

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)

Jan. 25, 2001

Jan. 25, 2001

PACER
9

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

Feb. 8, 2001

Feb. 8, 2001

PACER
10

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

Feb. 13, 2001

Feb. 13, 2001

PACER
11

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)

Feb. 28, 2001

Feb. 28, 2001

PACER
12

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

Oct. 24, 2001

Oct. 24, 2001

PACER

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

Feb. 25, 2002

Feb. 25, 2002

PACER
13

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

Jan. 15, 2003

Jan. 15, 2003

PACER
14

MEMORANDUM OF LAW by Joseph Hayden in support of [13-1] motion for leave to file Amended Complaint . (cd) (Entered: 01/17/2003)

Jan. 15, 2003

Jan. 15, 2003

PACER
15

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)

Feb. 24, 2003

Feb. 24, 2003

PACER
16

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)

March 18, 2003

March 18, 2003

Clearinghouse

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)

March 19, 2003

March 19, 2003

PACER
17

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

April 15, 2003

April 15, 2003

Clearinghouse
18

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

April 15, 2003

April 15, 2003

PACER
19

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)

April 18, 2003

April 18, 2003

PACER
20

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)

May 13, 2003

May 13, 2003

PACER
21

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)

May 21, 2003

May 21, 2003

PACER
22

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

June 5, 2003

June 5, 2003

PACER
23

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)

July 10, 2003

July 10, 2003

PACER
24

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)

July 10, 2003

July 10, 2003

PACER
25

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)

July 14, 2003

July 14, 2003

PACER
26

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)

Sept. 3, 2003

Sept. 3, 2003

PACER
27

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)

Sept. 9, 2003

Sept. 9, 2003

PACER
28

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)

Sept. 22, 2003

Sept. 22, 2003

PACER
29

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)

Nov. 3, 2003

Nov. 3, 2003

PACER
30

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)

Nov. 3, 2003

Nov. 3, 2003

PACER
31

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)

Jan. 7, 2004

Jan. 7, 2004

PACER
32

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)

Jan. 23, 2004

Jan. 23, 2004

PACER
33

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)

Feb. 25, 2004

Feb. 25, 2004

PACER
34

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)

Feb. 25, 2004

Feb. 25, 2004

PACER
35

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)

April 19, 2004

April 19, 2004

PACER
36

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)

April 23, 2004

April 23, 2004

PACER
37

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)

May 28, 2004

May 28, 2004

PACER
38

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)

May 28, 2004

May 28, 2004

PACER
39

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)

June 14, 2004

June 14, 2004

Clearinghouse
40

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)

June 16, 2004

June 16, 2004

PACER

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

June 23, 2004

June 23, 2004

PACER
41

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)

July 13, 2004

July 13, 2004

PACER

Transmission of Notice of Appeal to the District Judge re: 41 Notice of Interlocutory Appeal,,. (pr, )

July 13, 2004

July 13, 2004

PACER

Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: 41 Notice of Interlocutory Appeal,,. (pr, )

July 13, 2004

July 13, 2004

PACER
42

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)

Aug. 2, 2004

Aug. 2, 2004

PACER

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, )

Aug. 2, 2004

Aug. 2, 2004

PACER

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, )

May 18, 2006

May 18, 2006

PACER
45

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)

June 28, 2006

June 28, 2006

PACER
43

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)

June 30, 2006

June 30, 2006

PACER
44

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)

June 30, 2006

June 30, 2006

PACER

Transmission of USCA Mandate/Order to the District Judge re: 44 USCA Mandate. (tp, )

July 5, 2006

July 5, 2006

PACER

Transmission of USCA Mandate/Order to the District Judge re: 43 USCA Mandate.(tp, )

July 5, 2006

July 5, 2006

PACER
46

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)

July 13, 2006

July 13, 2006

PACER
47

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)

Aug. 4, 2006

Aug. 4, 2006

PACER

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, )

Aug. 11, 2006

Aug. 11, 2006

PACER
48

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)

Oct. 11, 2006

Oct. 11, 2006

PACER

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, )

Oct. 11, 2006

Oct. 11, 2006

PACER
49

MANDATE of USCA (Certified Copy) as to 41 Notice of Interlocutory Appeal,, filed by Carlos Bristol, Steven Mangual, Augustine Carmona, Mark Graham, Barbara Scott, Joseph Hayden, Nilda Rivera, Mario Romero, Jessica Sanclemente, David Galarza, Gina Arias, Lumumba Akinwole-Bandelle, Kimalee Garner, Wanda Best-Deveaux, Jamel Massey, Wilson Andino, Stephen Ramon, Chaujuantheyia Lochard, Keran Holmes, III, Paul Satterfield USCA Case Number 04-3886-pr. Ordered, Adjudged and Decreed that the judgment of the District Court is AFFIRMED and the case is REMANDED in accordance with the opinion of this court. Catherine O'Hagan Wolfe, Clerk USCA. Issued As Mandate: 02/19/2010. (nd) (Entered: 03/25/2010)

March 25, 2010

March 25, 2010

PACER

Transmission of USCA Mandate/Order to the District Judge re: 49 USCA Mandate,,. (nd)

March 25, 2010

March 25, 2010

PACER
50

CASE MANAGEMENT PLAN AND SCHEDULING ORDER, that plaintiffs may have until 7/12/10 to file an amended complaint. (Signed by Judge Lawrence M. McKenna on 4/12/10) (pl) (Entered: 04/12/2010)

April 12, 2010

April 12, 2010

PACER

Minute Entry for proceedings held before Judge Lawrence M. McKenna: Status Conference held on 4/12/2010......in re: as Mandated. All parties present. The Court grants Plaintiffs leave to file an Amended Complaint no later than 7/12/2010. No transcript taken. (tro)

April 12, 2010

April 12, 2010

PACER
51

STIPULATION OF VOLUNTARY DISMISSAL PURSUANT TO FRCP 41(a)(1)(A)(ii)that the action is voluntarily dismissed against all the defendants pursuant to FRCP 41(a)(1)(A)(ii). (Signed by Judge Lawrence M. McKenna on 11/1/10) (cd) (Entered: 11/01/2010)

Nov. 1, 2010

Nov. 1, 2010

PACER

Case Details

State / Territory: New York

Case Type(s):

Election/Voting Rights

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: Nov. 9, 2000

Closing Date: 2006

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Black and Latino individuals who had been convicted of felonies under the laws of the state of New York and were incarcerated in the New York prison system or on parole and who were denied the right to vote in state or federal elections.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

NAACP Legal Defense Fund

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Denied

Defendants

State of New York, State

Case Details

Causes of Action:

42 U.S.C. § 1983

Civil Rights Act of 1957/1960, 52 U.S.C. § 10101 (previously 42 U.S.C. § 1971)

Constitutional Clause(s):

Due Process

Equal Protection

Availably Documents:

Trial Court Docket

Complaint (any)

Non-settlement Outcome

Any published opinion

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Source of Relief:

None

Issues

Race:

Black

Voting:

Vote dilution

Voter qualifications

Voter registration rules

National Origin/Ethnicity:

Hispanic