Case: Meadors v. Erie County Board of Elections

1:21-cv-00982 | U.S. District Court for the Western District of New York

Filed Date: Aug. 30, 2021

Closed Date: Aug. 20, 2024

Clearinghouse coding complete

Case Summary

This case is about New York’s deadline for independent nominating petitions, which must be filed 23 weeks before the general election. Byron W. Brown was the incumbent Mayor of Buffalo but lost the June 22, 2021 Democratic primary election. Two months later, Brown filed an independent nominating petition seeking to appear on the general election ballot. That petition was rejected because it was filed after the deadline of May 25, 2021. On August 30, 2021, three registered voters who supported B…

This case is about New York’s deadline for independent nominating petitions, which must be filed 23 weeks before the general election. Byron W. Brown was the incumbent Mayor of Buffalo but lost the June 22, 2021 Democratic primary election. Two months later, Brown filed an independent nominating petition seeking to appear on the general election ballot. That petition was rejected because it was filed after the deadline of May 25, 2021.

On August 30, 2021, three registered voters who supported Byron W. Brown’s independent candidacy for Mayor filed this lawsuit in the U.S. District Court for the Western District of New York. They sued the Erie County Board of Elections under 42 U.S.C. § 1983. Represented by private counsel, the plaintiffs sought 1) a declaratory judgment that New York’s deadline for independent candidate petitions as applied to Byron W. Brown for Mayor of Buffalo violated the First and Fourteenth Amendments to the U.S. Constitution; 2) an order enjoining the Board from enforcing the deadline and from failing to place him on the 2021 general-election ballot; and 3) attorneys’ fees. The case was assigned to District Judge John Sinatra, Jr.

On September 3, 2021, the district court issued a preliminary injunction ordering the Erie County Board of Elections to put Byron W. Brown on the 2021 ballot as an independent candidate for Mayor of Buffalo. The defendants appealed that injunction to the U.S. Court of Appeals for the Second Circuit, which issued an order on September 16, 2021 staying of the preliminary injunction. The plaintiffs did not appeal the Second Circuit’s order, and Byron W. Brown did not appear on the general election ballot. However, on November 2, 2021, Brown won reelection after campaigning as a write-in candidate.

Brown’s election victory rendered the appeal of the district court’s preliminary injunction moot, so the Second Circuit sent the case back to the district court to hear the plaintiff’s constitutional challenge to the independent nominating petition deadline. On April 20, 2022, the district court referred the case to U.S. Magistrate Judge Michael Roemer.

On July 11, 2023, the district court ruled that despite the 2021 election having already taken place and Brown winning reelection, the constitutional challenge was not moot because the underlying dispute was capable of repetition, yet evading review. However, the court dismissed the complaint because it found that the independent petition deadline did not violate the plaintiffs’ constitutional rights.

On August 19, 2024, the Second Circuit vacated the district court’s July 11, 2023 order. The Second Circuit sent the case back to the district court with instructions to dismiss the case as moot. The Second Circuit expressed no view on the constitutionality of the challenged filing deadline. On August 20, 2024, the district court dismissed the case as moot.

On June 2, 2025, the U.S. Supreme Court decided not to hear the case.

Summary Authors

LFAA (8/13/2025)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/60324578/parties/meadors-v-erie-county-board-of-elections/


Judge(s)

Roemer, Michael J. (New York)

Attorney for Plaintiff

Callocchia, Frank C. (New York)

Attorney for Defendant

Harrow, Jason S (New York)

Expert/Monitor/Master/Other

Cooney, Sean E. (New York)

Housh, Frank T. (New York)

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Documents in the Clearinghouse

Document
1

1:21-cv-00982

Verified Complaint

Aug. 30, 2021

Aug. 30, 2021

Complaint

1:21-cv-00982

Petition For A Writ Of Certiorari

eadors v. Erie County Board of Elections

Supreme Court of the United States

Sept. 3, 2021

Sept. 3, 2021

Pleading / Motion / Brief
25

1:21-cv-00982

First Amended Complaint

Sept. 3, 2021

Sept. 3, 2021

Complaint
66-1

1:21-cv-00982

Memorandum of Law In Support of Defendants’ Motion For Summary Judgment

Dec. 1, 2022

Dec. 1, 2022

Pleading / Motion / Brief
68

1:21-cv-00982

Plaintiffs' Response in Opposition to the Defendants' Motion for Summary Judgment

Jan. 4, 2023

Jan. 4, 2023

Pleading / Motion / Brief
80

1:21-cv-00982

Decision and Order

July 11, 2023

July 11, 2023

Order/Opinion

2023 WL 4459601

85

1:21-cv-00982

Mandate

U.S. Court of Appeals for the Second Circuit

Aug. 19, 2024

Aug. 19, 2024

Order/Opinion

2024 WL 3548729

1:21-cv-00982

Brief in Opposition to Petition for Writ of Certiorari

Supreme Court of the United States

March 20, 2025

March 20, 2025

Pleading / Motion / Brief

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/60324578/meadors-v-erie-county-board-of-elections/

Last updated Aug. 3, 2025, 4:41 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against Erie County Board of Elections, filed by Carlanda D. Meadors, Leonard A. Matarese, Jomo D. Akono.(SG) (Entered: 08/30/2021)

Aug. 30, 2021

Aug. 30, 2021

Clearinghouse

Filing Fee Received

Aug. 30, 2021

Aug. 30, 2021

PACER
2

MOTION for Temporary Restraining Order by Jomo D. Akono, Leonard A. Matarese, Carlanda D. Meadors.(SG) (Entered: 08/30/2021)

Aug. 30, 2021

Aug. 30, 2021

RECAP

Automatic Referral to Mediation

Aug. 30, 2021

Aug. 30, 2021

PACER
3

MEMORANDUM in Support re 2 MOTION for Temporary Restraining Order filed by Jomo D. Akono, Leonard A. Matarese, Carlanda D. Meadors. (SG) (Entered: 08/30/2021)

Aug. 30, 2021

Aug. 30, 2021

RECAP

Notice of Availability of Magistrate Judge

Aug. 30, 2021

Aug. 30, 2021

PACER
4

MOTION to Expedited Hearing by Jomo D. Akono, Leonard A. Matarese, Carlanda D. Meadors.(SG) (Entered: 08/30/2021)

Aug. 30, 2021

Aug. 30, 2021

PACER

Summons Issued

Aug. 30, 2021

Aug. 30, 2021

PACER
5

DECLARATION signed by Bryan Sells re 4 MOTION to Expedite filed by Jomo D. Akono, Leonard A. Matarese, Carlanda D. Meadors. (SG) (Entered: 08/30/2021)

Aug. 30, 2021

Aug. 30, 2021

PACER

Filing fee: $402.00, receipt number BUF073220 (SG)

Aug. 30, 2021

Aug. 30, 2021

PACER

AUTOMATIC REFERRAL to Mediation The ADR Plan is available for download at http://www.nywd.uscourts.gov/alternative-dispute-resolution.(SG)

Aug. 30, 2021

Aug. 30, 2021

PACER

Notice of Availability of Magistrate Judge: A United States Magistrate of this Court is available to conduct all proceedings in this civil action in accordance with 28 U.S.C. 636c and FRCP 73. The Notice, Consent, and Reference of a Civil Action to a Magistrate Judge form (AO-85) is available for download at http://www.uscourts.gov/services-forms/forms. (SG)

Aug. 30, 2021

Aug. 30, 2021

PACER

Summons Issued as to Erie County Board of Elections. (SG)

Aug. 30, 2021

Aug. 30, 2021

PACER
6

ORDER granting Plaintiffs' 4 motion to expedite. The plaintiffs shall serve their motion and a copy of this order on counsel for the defendant no later than August 31, 2021. Defendant's response is due by September 2, 2021 at 4:00 PM. Motion Hearing set for September 3, 2021 at 10:30 AM in the Chautauqua Courtroom, US Courthouse, 2 Niagara Square, Buffalo, NY 14202-3350 before Hon. John L. Sinatra, Jr. Signed by Hon. John L. Sinatra, Jr. on 8/30/2021. (KLH) (Entered: 08/30/2021)

Aug. 30, 2021

Aug. 30, 2021

PACER
7

AFFIDAVIT of Service for Order with all motion papers and commencement documents served on Erie County Board of Elections on August 31, 2021, filed by Jomo D. Akono, Leonard A. Matarese, Carlanda D. Meadors. (Callocchia, Frank) (Entered: 09/01/2021)

Sept. 1, 2021

Sept. 1, 2021

PACER
8

AFFIDAVIT of Service for All motion and commencement documents served on Michael A. Siragusa, Erie County Attorney, Counsel for Defendant Erie County Board of Elections on August 31, 2021, filed by Jomo D. Akono, Leonard A. Matarese, Carlanda D. Meadors. (Callocchia, Frank) (Entered: 09/01/2021)

Sept. 1, 2021

Sept. 1, 2021

PACER
9

AFFIDAVIT of Service for Order with all motion papers and commencement documents served on Jeremy C. Toth, First Assistant Erie County Attorney, Counsel for Defendant Erie County Board of Elections on August 31, 2021, filed by Jomo D. Akono, Leonard A. Matarese, Carlanda D. Meadors. (Callocchia, Frank) (Entered: 09/01/2021)

Sept. 1, 2021

Sept. 1, 2021

PACER
10

AFFIDAVIT of Service for Order with all motion papers and commencement documents served on Michael A. Siragusa, Erie County Attorney, Counsel for Defendant Erie County Board of Elections on August 31, 2021, filed by Jomo D. Akono, Leonard A. Matarese, Carlanda D. Meadors. (Callocchia, Frank) (Entered: 09/01/2021)

Sept. 1, 2021

Sept. 1, 2021

PACER
11

Emergency MOTION to appear pro hac vice ( Filing fee $ 200 receipt number 0209-4347468.) by Jomo D. Akono, Leonard A. Matarese, Carlanda D. Meadors. (Attachments: # 1 Exhibit Petition for attorney admission, # 2 Exhibit Sponsoring Attorney Affidavit, # 3 Exhibit Attorney's Oath, # 4 Exhibit Civility Oath, # 5 Exhibit Attorney Database and Electronic Case Filing Registraiton Form, # 6 Exhibit Certificate of Good Standing)(Callocchia, Frank) (Entered: 09/01/2021)

Sept. 1, 2021

Sept. 1, 2021

PACER
12

TEXT ORDER granting 11 emergency motion to appear pro hac vice, as to attorney Bryan L. Sells. Issued by Hon. John L. Sinatra, Jr. on 9/1/2021. (KLH)-CLERK TO FOLLOW UP- (Entered: 09/01/2021)

Sept. 1, 2021

Sept. 1, 2021

PACER
13

NOTICE of Appearance by Jeremy C. Toth on behalf of Erie County Board of Elections (Toth, Jeremy) (Entered: 09/01/2021)

Sept. 1, 2021

Sept. 1, 2021

PACER
14

AFFIDAVIT of Service for Affidavit of Service Order with motion papers and commencement documents served on New York State Attorney General on September 1, 2021, filed by Jomo D. Akono, Leonard A. Matarese, Carlanda D. Meadors. (Callocchia, Frank) (Entered: 09/02/2021)

Sept. 2, 2021

Sept. 2, 2021

PACER
15

AFFIDAVIT in Opposition re 2 MOTION for Temporary Restraining Order filed by Erie County Board of Elections. (Attachments: # 1 Exhibit B - List of Candidates in Erie County, # 2 Exhibit C - Newspaper Articles, # 3 Exhibit E - Declaration of Attorney from State BOE, # 4 Exhibit F - Federal Orders, # 5 Exhibit G - 2021 NYS political calendars, # 6 Exhibit H - Verified Petition in State Court, # 7 Memorandum in Support Memo of Law in Opposition to Application for TRO, # 8 Certificate of Service)(Toth, Jeremy) (Entered: 09/02/2021)

7

View on RECAP

Sept. 2, 2021

Sept. 2, 2021

PACER
16

MOTION Intervene by India B Walton. (Attachments: # 1 Motion to Intervene, # 2 Exhibit A, # 3 Exhibit B, # 4 Affidavit Inda B. Walton)(Cooney, Sean) (Entered: 09/02/2021)

1 Motion to Intervene

View on RECAP

2 Exhibit A

View on PACER

3 Exhibit B

View on PACER

4 Affidavit Inda B. Walton

View on PACER

Sept. 2, 2021

Sept. 2, 2021

PACER
17

MOTION to Expedite Hearing for Motion to Intervene by India B Walton. (Attachments: # 1 Affidavit, # 2 Text of Proposed Order)(Cooney, Sean) (Entered: 09/02/2021)

Sept. 2, 2021

Sept. 2, 2021

PACER
18

MEMORANDUM in Opposition re 2 MOTION for Temporary Restraining Order filed by India B Walton. (Cooney, Sean) (Entered: 09/02/2021)

Sept. 2, 2021

Sept. 2, 2021

RECAP
19

CONTINUATION OF EXHIBITS by Erie County Board of Elections. to 15 Affidavit in Opposition to Motion,, EXHIBIT C - Independent Nominating Petition filed by Erie County Board of Elections. (Toth, Jeremy) (Entered: 09/02/2021)

Sept. 2, 2021

Sept. 2, 2021

PACER
20

ANSWER to 1 Complaint by India B Walton.(Cooney, Sean) (Entered: 09/02/2021)

Sept. 2, 2021

Sept. 2, 2021

PACER
21

CONTINUATION OF EXHIBITS by Erie County Board of Elections. to 15 Affidavit in Opposition to Motion,, EXHIBIT A Bill Jacket filed by Erie County Board of Elections. (Attachments: # 1 Exhibit, # 2 Exhibit)(Toth, Jeremy) (Entered: 09/02/2021)

Sept. 2, 2021

Sept. 2, 2021

PACER
22

Letter filed by Erie County Board of Elections as to Erie County Board of Elections requesting relief from Local Rule 7.1(f). (Toth, Jeremy) (Entered: 09/02/2021)

Sept. 2, 2021

Sept. 2, 2021

RECAP
23

ORDER granting 17 Motion to Expedite. Proposed Intervenor India Walton shall serve the motion for expedited hearing and motion to intervene, as well as a copy of this order, on counsel for Plaintiffs and Defendant no later than September 3, 2021 at 10:30 a.m. Proposed Intervenor India Walton shall also send courtesy copies by email to counsel for Plaintiffs and Defendant no later than September 2, 2021 at 8:00 p.m. Motion hearing set for September 3, 2021 at 10:30 am in the Chautauqua Courtroom, US Courthouse, 2 Niagara Square, Buffalo, NY 14202-3350 before Hon. John L. Sinatra, Jr. Issued by Hon. John L. Sinatra, Jr. on 9/2/2021. (CJG) (Entered: 09/02/2021)

Sept. 2, 2021

Sept. 2, 2021

PACER
24

NOTICE of Appearance by Frank T. Housh on behalf of India B Walton (Housh, Frank) (Entered: 09/02/2021)

Sept. 2, 2021

Sept. 2, 2021

PACER
25

AMENDED COMPLAINT against All Defendants, filed by Carlanda D. Meadors, Leonard A. Matarese, Jomo D. Akono, Kim P Nixon-Williams, Florence E Baugh. (Attachments: # 1 redline version of first amended complaint)(Sells, Bryan) (Entered: 09/03/2021)

1 redline version of first amended complaint

View on RECAP

Sept. 3, 2021

Sept. 3, 2021

Clearinghouse

Remark

Sept. 3, 2021

Sept. 3, 2021

PACER
26

Minute Entry for proceedings held before Hon. John L. Sinatra, Jr.: Motion Hearing held on 9/3/2021 re 2 Motion for Temporary Restraining Order and 16 Motion to Intervene. Court grants Defendant-Intervenor India Walton's motion to intervene in this action. Text order to follow. For reasons stated on the record, the Court grants Plaintiffs' motion for Temporary Restraining Order and, with consent of the parties, converts the Temporary Restraining Order to an Order for Preliminary Injunction. Court transcript will constitute the written decision of the Court. Text Order to follow. Appearances. For plaintiffs: Frank Callocchia and Bryan Sells. For defendant Erie County Board of Elections: Jeremy Toth. For Intervenor-Defendant India Walton: Sean Cooney and Frank Housh. (Court Reporter Bonnie Weber) (KLH) (Entered: 09/03/2021)

Sept. 3, 2021

Sept. 3, 2021

PACER
27

TEXT ORDER: Defendant-Intervenor India B. Walton's 16 Motion to Intervene is GRANTED. SO ORDERED. Issued by Hon. John L. Sinatra, Jr. on 9/3/2021. (KLH) (Entered: 09/03/2021)

Sept. 3, 2021

Sept. 3, 2021

PACER
28

**INJUNCTION IS VACATED, SEE 53 MANDATE of USCA** TEXT ORDER: Upon consideration of the briefing and arguments of counsel, and for good cause shown, it is ordered that the motion for preliminary injunction (Dkt. #2) is GRANTED. Accordingly, the Erie County Board of Elections, along with its officers, agents, servants, employees, attorneys, and all those in active concert with them, are hereby enjoined from enforcing Section 6-158(9) of the New York Election Law against candidate Byron W. Brown and from failing to put his name on the 2021 general election ballot as an independent candidate for the Mayor of Buffalo. The Board of Elections is ordered to place Byron W. Brown on the 2021 Election Ballot as an independent candidate for Mayor of Buffalo. IT IS SO ORDERED. Issued by Hon. John L. Sinatra, Jr. on 9/3/2021. (KLH) Modified on 3/9/2022 (SG). (Entered: 09/03/2021)

Sept. 3, 2021

Sept. 3, 2021

PACER
29

TEXT ORDER: Pursuant to 28 U.S.C. § 2403(b) and Federal Rule of Civil Procedure 5.1(b), the Court hereby certifies that a civil action has been filed wherein the constitutionality of N.Y. Election Law § 6-158(9) has been questioned. The Clerk of Court is directed to cause the United States Marshals Service to serve a copy of this Text Order upon the State of New York as follows:Attention Michael J. RussoAssistant Attorney General In ChargeMain Place Tower Suite 300A350 Main StreetBuffalo, NY 14202and Office of the Attorney General The CapitolAlbany, NY 12224-0341Attention: A&O/Personal ServiceAdditionally, the Clerk of Court is directed to forward a copy of this Text Order by email to Michael Russo, Assistant Attorney General in Charge, Buffalo Regional Office: Michael.Russo@ag.ny.gov. IT IS SO ORDERED. Issued by Hon. John L. Sinatra, Jr. on 9/3/2021. (KLH)-CLERK TO FOLLOW UP- (Entered: 09/03/2021)

Sept. 3, 2021

Sept. 3, 2021

PACER

Copy of Doc. No. 29, TEXT ORDER, emailed to Michael Russo, Assistant Attorney General in Charge. The Clerks Office has forwarded the TEXT ORDERS to the US Marshal for service. (JLV)

Sept. 3, 2021

Sept. 3, 2021

PACER
30

NOTICE OF APPEAL as to 28 Order on Motion for TRO,,, by India B Walton. Filing fee $ 505, receipt number 0209-4351369. (Cooney, Sean) (Entered: 09/07/2021)

Sept. 7, 2021

Sept. 7, 2021

RECAP
31

NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings, held on September 3, 2021, before District Judge, the Honorable John L. Sinatra, Jr.. Court Reporter/Transcriber Bonnie S. Weber, Bonnie_Weber@nywd.uscourts.gov. 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 9/28/2021. Redacted Transcript Deadline set for 10/8/2021. Release of Transcript Restriction set for 12/6/2021. (BSW) (Entered: 09/07/2021)

Sept. 7, 2021

Sept. 7, 2021

PACER
32

NOTICE OF APPEAL as to 28 Order on Motion for TRO,,, by Erie County Board of Elections, Ralph M. Mohr, Jeremy J Zellner. Filing fee $ 505, receipt number 0209-4352517. (Toth, Jeremy) (Entered: 09/07/2021)

Sept. 7, 2021

Sept. 7, 2021

RECAP

E-Filing Notification: re 30 NOTICE OF APPEAL 32 NOTICE OF APPEAL - Within 14 days of filing the Notice of Appeal, the appellant is required to electronically file with the District Court an index of filed documents it wishes the Court of Appeals to consider, called Designation of Record on Appeal. After receipt, the Clerks Office will certify and transmit the index to the Circuit. (TMK)

Sept. 8, 2021

Sept. 8, 2021

PACER

E-Filing Notification: re 30 NOTICE OF APPEAL 32 NOTICE OF APPEAL - Pursuant to Local Rule 12.1 of the US Court of Appeals for the Second Circuit, Forms C and D must be completed within 14 days after the filing of a notice of appeal. Forms C and D can be obtained at www.ca2.uscourts.gov. (TMK)

Sept. 8, 2021

Sept. 8, 2021

PACER
33

Letter filed by Erie County Board of Elections as to Jeremy J Zellner, Ralph M. Mohr, Erie County Board of Elections . (Toth, Jeremy) (Entered: 09/09/2021)

Sept. 9, 2021

Sept. 9, 2021

RECAP

NOTICE OF HEARING: Telephonic Status Conference set for 9/9/2021 at 5:00 PM in US Courthouse, 2 Niagara Square, Buffalo, NY 14202-3350 before Hon. John L. Sinatra, Jr. Public audio access to the proceeding may be obtained by viewing Judge Sinatra's calendar on the public website at www.nywd.uscourts.gov. (KLH)

Sept. 9, 2021

Sept. 9, 2021

PACER
34

Minute Entry for proceedings held before Hon. John L. Sinatra, Jr.: Status Conference held by teleconference on 9/9/2021 re 33 Letter filed by Erie County Board of Elections. Court addresses the parties' concern regarding compliance with the Order of this Court and that of New York Supreme Court, Appellate Division, Fourth Department. Appearances. For plaintiffs: Frank Callocchia and Bryan Sells. For defendant Erie County Board of Elections: Jeremy Toth, Jason Harrow, and Charles Gerstein. For Intervenor-Defendant India Walton: Sean Cooney and Joshua Matz. (Court Reporter Bonnie Weber) (KLH) (Entered: 09/09/2021)

Sept. 9, 2021

Sept. 9, 2021

PACER
35

NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on September 9, 2021, before District Judge, the Honorable John L. Sinatra, Jr. Court Reporter/Transcriber Bonnie S. Weber, Bonnie_Weber@nywd.uscourts.gov. 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 10/1/2021. Redacted Transcript Deadline set for 10/12/2021. Release of Transcript Restriction set for 12/9/2021. (BSW) (Entered: 09/10/2021)

Sept. 10, 2021

Sept. 10, 2021

PACER
36

NOTICE by Jomo D. Akono, Florence E Baugh, Leonard A. Matarese, Carlanda D. Meadors, Kim P Nixon-Williams of a Constitutional Challenge (Sells, Bryan) (Entered: 09/12/2021)

Sept. 12, 2021

Sept. 12, 2021

PACER
37

Original Summons Filed. (Sells, Bryan) (Entered: 09/12/2021)

Sept. 12, 2021

Sept. 12, 2021

PACER
38

Original Summons Filed. (Sells, Bryan) (Entered: 09/12/2021)

Sept. 12, 2021

Sept. 12, 2021

PACER
39

Summons Issued as to Ralph M. Mohr, Jeremy J Zellner. (JLV) (Entered: 09/13/2021)

Sept. 13, 2021

Sept. 13, 2021

PACER
40

MOTION for Extension of Time to File a Motion for Attorney's Fees by Jomo D. Akono, Florence E Baugh, Leonard A. Matarese, Carlanda D. Meadors, Kim P Nixon-Williams. (Attachments: # 1 Memorandum in Support, # 2 Declaration of Bryan L. Sells)(Sells, Bryan) (Entered: 09/13/2021)

1 Memorandum in Support

View on RECAP

2 Declaration of Bryan L. Sells

View on RECAP

Sept. 13, 2021

Sept. 13, 2021

RECAP
41

TEXT ORDER granting Plaintiffs' 40 Motion for Extension of Time to File a Motion for Attorney's Fees. Issued by Hon. John L. Sinatra, Jr. on 9/14/2021. (KLH) (Entered: 09/14/2021)

Sept. 14, 2021

Sept. 14, 2021

PACER
42

AFFIDAVIT of Service for Affidavit of Service Summons and First Amended Complaint served on Ralph M. Mohr on September 14, 2021, filed by Jomo D. Akono, Florence E Baugh, Leonard A. Matarese, Carlanda D. Meadors, Kim P Nixon-Williams. (Callocchia, Frank) (Entered: 09/15/2021)

Sept. 15, 2021

Sept. 15, 2021

PACER
43

AFFIDAVIT of Service for Affidavit of Service Summons and First Amended Complaint served on Jeremy J. Zellner on September 14, 2021, filed by Jomo D. Akono, Florence E Baugh, Leonard A. Matarese, Carlanda D. Meadors, Kim P Nixon-Williams. (Callocchia, Frank) (Entered: 09/15/2021)

Sept. 15, 2021

Sept. 15, 2021

PACER
44

ORDER of USCA as to 32 Notice of Appeal filed by Ralph M. Mohr, Erie County Board of Elections, Jeremy J Zellner, 30 Notice of Appeal filed by India B Walton; ORDERED that that to the extent the motions request an administrative stay pending review by a three-judge panel, the motion is GRANTED. The motion is REFERRED to the three-judge panel sitting September 17, 2021.(SG) (Entered: 09/16/2021)

Sept. 16, 2021

Sept. 16, 2021

PACER
45

ORDER of USCA as to 32 Notice of Appeal filed by Ralph M. Mohr, Erie County Board of Elections, Jeremy J Zellner, 30 Notice of Appeal filed by India B Walton; ORDERED that the motion for a stay of the district court's order granting a preliminary injunction pending appeal is GRANTED. It is further ORDERED that the motion of the Election Commissioner's Association for the State of New York for leave to file an amicus brief is GRANTED. (SG) (Entered: 09/17/2021)

Sept. 17, 2021

Sept. 17, 2021

Clearinghouse
46

DESIGNATION of Record on Appeal by India B Walton re 30 Notice of Appeal CLERK TO FOLLOW UP (Cooney, Sean) (Entered: 09/21/2021)

Sept. 21, 2021

Sept. 21, 2021

RECAP
47

CLERKS CERTIFICATE filed and electronically sent to Court of Appeals re 46 Designation of Record on Appeal/Index. (SG) (Entered: 09/22/2021)

Sept. 22, 2021

Sept. 22, 2021

PACER
48

DESIGNATION of Record on Appeal by Erie County Board of Elections, Ralph M. Mohr, Jeremy J Zellner re 32 Notice of Appeal CLERK TO FOLLOW UP (Attachments: # 1 Appendix Court Docket from Form C)(Toth, Jeremy) (Entered: 09/27/2021)

Sept. 27, 2021

Sept. 27, 2021

PACER
49

CLERKS CERTIFICATE filed and electronically sent to Court of Appeals re 48 Designation of Record on Appeal/Index. (SG) (Entered: 09/28/2021)

Sept. 28, 2021

Sept. 28, 2021

PACER
50

Second MOTION for Extension of Time to File their Motion for Attorneys' Fees by Jomo D. Akono, Florence E Baugh, Leonard A. Matarese, Carlanda D. Meadors, Kim P Nixon-Williams. (Attachments: # 1 Memorandum in Support, # 2 Declaration of Bryan L. Sells)(Sells, Bryan) (Entered: 10/18/2021)

Oct. 18, 2021

Oct. 18, 2021

PACER
51

TEXT ORDER granting Plaintiffs' 50 Motion for Extension of Time to File their Motion for Attorneys' Fees. Plaintiffs' time to file their motion is extended until further order from the Court. SO ORDERED. Issued by Hon. John L. Sinatra, Jr. on 10/19/2021. (JES) (Entered: 10/19/2021)

Oct. 19, 2021

Oct. 19, 2021

PACER
52

RETURNS OF SERVICE UNEXECUTED re 29 Text Order. (SG) (Entered: 10/28/2021)

Oct. 28, 2021

Oct. 28, 2021

PACER
53

MANDATE of USCA as to 32 Notice of Appeal filed by Ralph M. Mohr, Erie County Board of Elections, Jeremy J Zellner, 30 Notice of Appeal filed by India B Walton; ORDERED that the motions to dismiss the consolidated appeals as moot is GRANTED and the appeals are DISMISSED. ORDERED that the motion to vacate the district court's preliminary injunction is GRANTED and the injunction is VACATED.(SG) (Entered: 03/09/2022)

March 9, 2022

March 9, 2022

PACER
54

Letter filed by Jeremy J Zellner, Ralph M. Mohr, Erie County Board of Elections as to Jeremy J Zellner, Ralph M. Mohr, Erie County Board of Elections Requesting an Extension. (Toth, Jeremy) (Entered: 03/22/2022)

March 22, 2022

March 22, 2022

RECAP
55

TEXT ORDER re 54. Defendants shall answer or otherwise respond to the 25 Amended Complaint by 4/12/2022. SO ORDERED. Issued by Hon. John L. Sinatra, Jr. on 3/23/2022. (JES) (Entered: 03/23/2022)

March 23, 2022

March 23, 2022

PACER
56

First MOTION to appear pro hac vice for Jason Harrow ( Filing fee $ 200 receipt number ANYWDC-4538520.) by Erie County Board of Elections, Ralph M. Mohr, Jeremy J Zellner.(Toth, Jeremy) (Entered: 03/28/2022)

March 28, 2022

March 28, 2022

RECAP
57

TEXT ORDER granting 56 Motion to Appear pro hac vice for Jason Harrow. SO ORDERED. Issued by Hon. John L. Sinatra, Jr. on 3/30/2022. (JES)-CLERK TO FOLLOW UP- (Entered: 03/30/2022)

March 30, 2022

March 30, 2022

PACER
58

NOTICE of Voluntary Dismissal by India B Walton (Cooney, Sean) (Entered: 03/31/2022)

March 31, 2022

March 31, 2022

RECAP
59

TEXT ORDER acknowledging 58 . This case is dismissed as to Intervenor India B. Walton, with prejudice. SO ORDERED. Issued by Hon. John L. Sinatra, Jr. on 4/1/2022. (JES)-CLERK TO FOLLOW UP- (Entered: 04/01/2022)

April 1, 2022

April 1, 2022

PACER
60

ANSWER to 25 Amended Complaint by Erie County Board of Elections, Ralph M. Mohr, Jeremy J Zellner.(Harrow, Jason) (Entered: 04/12/2022)

April 12, 2022

April 12, 2022

PACER

ADR Plan electronically forwarded to attorneys. The ADR Plan is available for download at http://www.nywd.uscourts.gov/alternative-dispute-resolution.(SG)

April 13, 2022

April 13, 2022

PACER
61

TEXT ORDER: The parties shall appear for a Status Conference on 4/20/2022 at 11:00 AM in US Courthouse, 2 Niagara Square, Buffalo, NY 14202-3350 before Hon. John L. Sinatra, Jr. Out of town counsel may appear in person or contact chambers for teleconference accommodations. SO ORDERED. Issued by Hon. John L. Sinatra, Jr. on 4/13/2022. (KLH) (Entered: 04/13/2022)

April 13, 2022

April 13, 2022

PACER
62

Minute Entry for proceedings held before Hon. John L. Sinatra, Jr.: Status Conference held on 4/20/2022. Parties advise the Court that they are moving forward with discovery. Court will order a non-dispositive referral to the magistrate court to work through discovery matters. Text Order to follow. Appearances. For Plaintiffs: Frank Callocchia and Bryan Sells (by teleconference). For Defendants: Jason Harrow (by teleconference) and Jeremy Toth. (Court Reporter Bonnie Weber) (KLH) (Entered: 04/20/2022)

April 20, 2022

April 20, 2022

PACER
63

TEXT ORDER REFERRING CASE to Magistrate Judge Michael J. Roemer for all pretrial matters, excluding dispositive motions. See 28 U.S.C. § 636(b)(1)(A); Fed. R. Civ. P. 72(a). The parties are encouraged to consider consenting to Magistrate Judge jurisdiction pursuant to 28 U.S.C. § 636(c). Consent forms are available from Magistrate Judge Roemer or the Clerk of Court. IT IS SO ORDERED. Issued by Hon. John L. Sinatra, Jr. on 4/20/2022. (KLH) (Entered: 04/20/2022)

April 20, 2022

April 20, 2022

PACER
64

TEXT ORDER. The parties are hereby directed to jointly complete and email to chambers at roemer@nywd.uscourts.gov, the attached case management order. Such shall be completed within 30 days of the date of this Text Order. The Court will issue a final case management order upon receipt and review of the proposed deadlines. SO ORDERED. Issued by Hon. Michael J. Roemer on 4/22/2022. (RAZ) (Entered: 04/22/2022)

April 22, 2022

April 22, 2022

PACER
65

CASE MANAGEMENT ORDER. (Please Note: This docket text may not contain the entire contents of the attached Order. It is your responsibility to read the attached Order and download it for future reference. Direct any questions to the Chambers of the Judge who entered this Order.)Mandatory Disclosures due by 6/1/2022. Motions to Join Parties/Amend Pleadings due by 8/1/2022. Plaintiff Expert Witness ID due by 8/1/2022. Defendant Expert Witness ID due by 9/1/2022. Motions to Compel Discovery due by 10/1/2022. Discovery completed by 11/1/2022. Dispositive Motions due by 12/1/2022. Signed by Hon. Michael J. Roemer on 5/27/2022. (RAZ) (Entered: 05/27/2022)

May 27, 2022

May 27, 2022

RECAP
66

MOTION for Summary Judgment by Erie County Board of Elections, Ralph M. Mohr, Jeremy J Zellner. (Attachments: # 1 Memorandum in Support, # 2 Statement of Undisputed Facts, # 3 Appendix)(Harrow, Jason) (Entered: 12/01/2022)

Dec. 1, 2022

Dec. 1, 2022

PACER
67

TEXT ORDER re 66 Motion for Summary Judgment. Plaintiffs' response is due January 5, 2023. Defendants' reply is due January 26, 2023. Oral argument will be scheduled as necessary. SO ORDERED. Issued by Hon. John L. Sinatra, Jr. on 12/2/22. (MEM) (Entered: 12/02/2022)

Dec. 2, 2022

Dec. 2, 2022

PACER
68

RESPONSE in Opposition re 66 MOTION for Summary Judgment filed by Jomo D. Akono, Florence E Baugh, Leonard A. Matarese, Carlanda D. Meadors, Kim P Nixon-Williams. (Attachments: # 1 Plaintiffs' Response to the Defendants' Statement of Undisputed Material Facts, # 2 Plaintiffs' Appendix)(Sells, Bryan) (Entered: 01/04/2023)

1 Plaintiffs' Response to the Defendants' Statement of Undisputed Mater

View on PACER

2 Plaintiffs' Appendix

View on PACER

Jan. 4, 2023

Jan. 4, 2023

Clearinghouse
69

TEXT REFERRAL ORDER (DISPOSITIVE) - In addition to Dkt. 63 Text Order Referring Case to Magistrate Judge Roemer for all pretrial matters excluding dispositive motions, the Magistrate Judge shall also hear and report upon dispositive motions for the consideration of the District Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and (C). All motions or applications shall be filed with the Clerk and made returnable before the Magistrate Judge. The parties are encouraged to consider the provisions of 28 U.S.C. § 636(c) governing consent to either partial or complete disposition of the case, including trial if necessary, by the Magistrate Judge. Consent forms are available from the office of the Magistrate Judge or the office of the Clerk of Court. IT IS SO ORDERED. Issued by Hon. John L. Sinatra, Jr. on 1/5/2023. (KLH) (Entered: 01/05/2023)

Jan. 5, 2023

Jan. 5, 2023

PACER

SCHEDULING NOTICE as to 66 MOTION for Summary Judgment. Motion Hearing set for 1/31/2023 01:00 PM in via video conference before Hon. Michael J. Roemer. (RAZ)

Jan. 9, 2023

Jan. 9, 2023

PACER
70

REPLY to Response to Motion re 66 MOTION for Summary Judgment filed by Erie County Board of Elections, Ralph M. Mohr, Jeremy J Zellner. (Harrow, Jason) (Entered: 01/23/2023)

Jan. 23, 2023

Jan. 23, 2023

PACER
71

CONSENT to Jurisdiction by US Magistrate Judge by Jomo D. Akono, Florence E Baugh, Erie County Board of Elections, Leonard A. Matarese, Carlanda D. Meadors, Ralph M. Mohr, Kim P Nixon-Williams, Jeremy J Zellner. Case reassigned to Magistrate Hon. Michael J. Roemer. Signed by Hon. John L. Sinatra, Jr. on 1/26/23. (SG) (Entered: 01/26/2023)

Jan. 26, 2023

Jan. 26, 2023

RECAP
72

Minute Entry for proceedings held before Hon. Michael J. Roemer. Appearances via Zoom: Bryan L. Sells, Esq. and Frank C. Callocchia, Esq. on behalf of plaintiffs; Jason S. Harrow, Esq. on behalf of defendant.Motion Hearing held on 1/31/2023 re 66 MOTION for Summary Judgment filed by Ralph M. Mohr, Erie County Board of Elections, Jeremy J Zellner. The Court requested additional briefing. Simultaneous briefs due by 3/15/2023. Responses due by 4/12/2023 at which time the matter will be submitted for decision. (Court Reporter ZoomGov.) NOTE: The Court advised parties and listeners that they are strictly prohibited from recording, reproducing or rebroadcasting any part of this hearing in whole or in part in any fashion. Violation of this Court's Order could be deemed a contempt of Court. (RAZ) (Entered: 02/01/2023)

Jan. 31, 2023

Jan. 31, 2023

PACER
73

NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on 1/31/23, before Judge Hon. Michael J. Roemer. Court Reporter/Transcriber Brandi Wilkins, scalisba@gmail.com. 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 3/2/2023. Redacted Transcript Deadline set for 3/13/2023. Release of Transcript Restriction set for 5/10/2023. (Wilkins, Brandi) (Entered: 02/09/2023)

Feb. 9, 2023

Feb. 9, 2023

PACER
74

Consent MOTION for Extension of Time to File supplemental briefing by Jomo D. Akono, Florence E Baugh, Leonard A. Matarese, Carlanda D. Meadors, Kim P Nixon-Williams.(Sells, Bryan) (Entered: 03/10/2023)

March 10, 2023

March 10, 2023

PACER
75

TEXT ORDER granting 74 Motion for Extension of Time to File Simultaneous briefs which will now be due by 3/17/2023. Responses due by 4/14/2023 at which time the matter will be submitted for decision. SO ORDERED. Issued by Hon. Michael J. Roemer on 3/10/2023. (RAZ) (Entered: 03/10/2023)

March 10, 2023

March 10, 2023

PACER
76

RESPONSE in Support re 66 MOTION for Summary Judgment Supplemental Brief at Request of Court filed by Erie County Board of Elections, Ralph M. Mohr, Jeremy J Zellner. (Harrow, Jason) (Entered: 03/16/2023)

March 16, 2023

March 16, 2023

PACER
77

RESPONSE in Opposition re 66 MOTION for Summary Judgment filed by Jomo D. Akono, Florence E Baugh, Leonard A. Matarese, Carlanda D. Meadors, Kim P Nixon-Williams. (Sells, Bryan) (Entered: 03/17/2023)

March 17, 2023

March 17, 2023

PACER
78

REPLY/RESPONSE to re 77 Response in Opposition to Motion filed by Erie County Board of Elections, Ralph M. Mohr, Jeremy J Zellner. (Harrow, Jason) (Entered: 04/07/2023)

April 7, 2023

April 7, 2023

PACER
79

REPLY/RESPONSE to re 76 Response in Support of Motion (Plaintiffs' Response in Opposition to the Defendants' Supplemental Brief in Support of their Motion for Summary Judgment) filed by Jomo D. Akono, Florence E Baugh, Leonard A. Matarese, Carlanda D. Meadors, Kim P Nixon-Williams. (Sells, Bryan) (Entered: 04/12/2023)

April 12, 2023

April 12, 2023

PACER
80

DECISION AND ORDER granting defendants' 66 Motion for Summary Judgment. The Clerk of the Court shall close this case. Signed by Hon. Michael J. Roemer on 7/10/2023. (RAZ)Clerk to Follow up

July 11, 2023

July 11, 2023

Clearinghouse
82

NOTICE OF APPEAL as to 81 Judgment, by Jomo D. Akono, Florence E Baugh, Leonard A. Matarese, Carlanda D. Meadors, Kim P Nixon-Williams. Filing fee $ 505, receipt number ANYWDC-4928231. Appeal Record due by 8/2/2023. (Sells, Bryan) (Entered: 07/19/2023)

July 19, 2023

July 19, 2023

PACER

Within 14 days of filing the Notice of Appeal, the appellant is required to electronically file with the District Court an index of filed documents it wishes the Court of Appeals to consider, called Designation of Record on Appeal. After receipt, the Clerks Office will certify and transmit the index to the Circuit. (SG)

July 20, 2023

July 20, 2023

PACER

Pursuant to Local Rule 12.1 of the US Court of Appeals for the Second Circuit, Forms C and D must be completed within 14 days after the filing of a notice of appeal. Forms C and D can be obtained at www.ca2.uscourts.gov. (SG)

July 20, 2023

July 20, 2023

PACER

Remark

July 20, 2023

July 20, 2023

PACER
83

DESIGNATION of Record on Appeal by Jomo D. Akono, Florence E Baugh, Leonard A. Matarese, Carlanda D. Meadors, Kim P Nixon-Williams re 82 Notice of Appeal CLERK TO FOLLOW UP (Sells, Bryan) (Entered: 07/24/2023)

July 24, 2023

July 24, 2023

PACER

Case Details

State / Territory: New York

Case Type(s):

Election/Voting Rights

Special Collection(s):

Law Firm Antiracism Alliance (LFAA) project

Key Dates

Filing Date: Aug. 30, 2021

Closing Date: Aug. 20, 2024

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Registered voters who supported Byron W. Brown’s independent candidacy for Mayor of the City of Buffalo

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Erie County Board of Elections (Erie), County

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Freedom of speech/association

Available Documents:

Trial Court Docket

Complaint (any)

Any published opinion

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Source of Relief:

None

Issues

Voting:

Candidate qualifications

Voting: General & Misc.