Favors et al v. Cuomo et al

Plaintiff: Weyman A. Carey, Mark A. Favors, Lillie H. Galan, Howard Leib, Edward A. Mulraine and Warren Schreiber
Defendant: Andrew M. Cuomo, Martin Malave Dilan, Robert J. Duffy, Roman Hedges, Brian M. Kolb, Welquis R. Lopez, John J. McEneny, Michael F. Nozzolio, Robert Oaks, John L. Sampson, Eric T. Schneiderman, Sheldon Silver and Dean G. Skelos
718)804-8833 (fax: Donna Kaye Drayton
LATFOR: New York State Legislative Task Force on Demographic Research and Reapportionment
 
Case Number: 1:2011cv05632
Filed: November 17, 2011
 
Court: New York Eastern District Court
Office: Brooklyn Office
Presiding Judge: Dora Lizette Irizarry
Referring Judge: Roanne L. Mann
 
Nature of Suit: State Reapportionment
Cause of Action: 28:1331 Fed. Question
Jury Demanded By: None

Available Case Documents

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Date Filed#Document Text
February 28, 2012 133 Featured Case ORDER OF REFERRAL TO MAGISTRATE JUDGE -- The task of creating a new congressional redistricting plan for the State of New York is hereby referred to the Honorable Roanne L. Mann, U. S. Magistrate Judge of the Eastern District of New York who shall be empowered and charged with the duty to prepare a Report and Recommendation to the Court, including a proposed plan for adoption by this Court. FOR SPECIFIC DETAILS, PLEASE SEE THE ATTACHED WRITTEN "ORDER OF REFERRAL TO THE MAGISTRATE JUDGE." SO ORDERED by Circuit Judge Reena Raggi, Circuit Judge Gerard E. Lynch, and Judge Dora Lizette Irizarry on 2/28/2012. (Irizarry, Dora)
March 8, 2012 219 Featured Case ORDER DENYING 42 MOTION TO DISMISS filed by Robert Oaks, 22 MOTION to Dismiss Or, In The Alternative, To Stay This Case filed by Dean G. Skelos, Welquis R. Lopez, John J. McEneny, Sheldon Silver, Roman Hedges, Michael F. Nozzolio, AND 41 MOTION TO DISMISS filed by Brian M. Kolb - For the reasons set forth in the ATTACHED WRITTEN MEMORANDUM AND ORDER, the aforenamed defendants' motions to dismiss the complaint are DENIED. SO ORDERED by Circuit Judge Reena Raggi, Circuit Judge Gerard E. Lynch, and District Judge Dora Lizette Irizarry on 3/8/2012. (Irizarry, Dora)
March 19, 2012 242 Featured Case ORDER ADOPTING 223 REPORT AND RECOMMENDATIONS --- For the reasons set forth in the ATTACHED WRITTEN OPINION AND ORDER, the court hereby: (1) GRANTS judgment in favor of plaintiffs, declaring that New York's existing plan for delineating congr essional districts fails to comply with the Constitution; and accordingly,(2) ADOPTS the March 12, 2012 Report of Magistrate Judge Mann in its entirety and the Recommended Plan referenced in the Report with the changes indicated in note 5 (and see At tached Appendix 2) of the Attached Opinion and Order and reflected in the attached Ordered Plan (As Appendix 1); (3) ORDERS defendants promptly: (a) to implement the attached Ordered Plan so that the 2012 elections for the House of Representatives ca n go forward as scheduled, and (b) to confirm to the court in writing, on or before noon on Wednesday, March 21, 2012, that they have taken the steps necessary to do so; and (4) DIRECTS all parties to appear before the court for a status conference o n Wednesday, March 21, 2012, at 3:00 p.m., in the Ceremonial Courtroom on the second floor of the Brooklyn Federal Courthouse, located at 225 Cadman Plaza East. The parties, as well as interested members of the public, may access the block equivalenc y data files through a link that will be provided on the court's public website, located at www.nyed.uscourts.gov, or at the following two addresses: https://www.nyed.uscourts.gov/pub/docs/cv/11-5632/panel/final/FINAL%20COURT%20PLAN.tx t; or https://www.nyed.uscourts.gov/pub/docs/cv/11-5632/panel/final/ FINAL%20COURT%20PLAN.DCC. The Clerk of the Court is directed to take custody of and to file, along with the records of this matter, the compact disc onto which the popula tion equivalency data files were copied. SO ORDERED by Circuit Judge Reena Raggi, Circuit Judge Gerard E. Lynch, and District Judge Dora Lizette Irizarry on 3/19/2012. (Irizarry, Dora)(Attachments: # 1 Appendix Ordered Plan, # 2 Appendix Changes to Recommended Plan)
April 3, 2012 287 Featured Case SCHEDULING ORDER -- Several defendants have moved to dismiss the amended complaints or portions thereof. Responses to those motions must be filed by 5:00 p.m. on April 9, 2012. In addition, for the reasons set forth in the ATTACHED WRITTEN SCHEDULING ORDER, any party planning to move for preliminary equitable relief on the ground that one or more of the issues presented in the amended complaints that have been filed in this case has sufficient legal and factual mer it to meet the standards set out above, such that the Court should not defer to one or more aspects of the legislative plan in the absence of preclearance, must do so by 5:00 p.m. on April 12, 2012. Responses to such motions must be filed by 5:00 p.m. on April 17, 2012. SO ORDERED by Circuit Judge Reena Raggi, Circuit Judge Gerard Lynch, and District Judge Dora Lizette Irizarry on 4/3/2012.(Irizarry, Dora)
May 16, 2012 367 Featured Case ORDER DENYING 286 Motion to Dismiss for Lack of Jurisdiction; DENYING 286 Motion to Dismiss for Failure to State a Claim; DENYING 306 Motion for Preliminary Injunction; GRANTING 344 Motion to Amend/Correct/Supplement; DENYING 345 Motio n to Intervene; GRANTING 270 Motion to Dismiss for Failure to State a Claim; DENYING 305 Notice OF Motion for Preliminary Injunction - For the reasons set forth in the ATTACHED WRITTEN OPINION AND ORDER, this 3-judge panel hereby: (1) DENIES th e Senate Majority Defendants' motions to dismiss the amended complaints (Dkt. Entry 286), reiterating the oral ruling made on April 18, 2012; (2) GRANTS the Assembly Majority and Senate Majority Defendants' motions to dismiss the Ullman Int ervenor complaint (Dkt. Entries 270, 286), and directs the Clerk of Court to enter judgment in favor of defendants on this claim ONLY; (3) DENIES the Drayton and Ramos Intervenors' motions for preliminary injunctive relief (Dkt Entries 305, 306) ; (4) GRANTS the Senate Minority Defendants' motion for leave to amend their answer and file a cross-claim (Dkt. Entry 344); and (5) DENIES the Proposed Breitbart Intervenors' motion to intervene (Dkt. Entry 345). This ma tter is hereby referred to Magistrate Judge Mann to supervise discovery on such schedule, including an expedited schedule, as she may deem appropriate, and to issue all discovery-related orders, including, but not limited to, scheduling orders and or ders resolving or otherwise addressing any discovery disputes that the parties are unable to resolve after good faith efforts to reach resolution thereof without court action. SO ORDERED by Circuit Judge Reena Raggi, Circuit Judge Gerard E. Lynch, and District Judge Dora Lizette Irizarry on 5/16/2012.(Irizarry, Dora)
August 10, 2012 487 Featured Case ORDER denying, without prejudice, 389 Motion to Compel; deferring ruling on 393 Motion for Protective Order; deferring ruling on 397 Motion for Protective Order; deferring ruling on 398 Motion for Protective Order; deferring ruling on [39 9] Motion for Protective Order.For the reasons stated in the attached Memorandum and Order, the Court denies without prejudice the Senate Minority's motion to compel, and defers decision on the motions for protective orders filed by the Senate Majority, Assembly Majority, and Assembly Minority, pending the Court's completion of an in camera inspection of documents. The defendants are directed to produce, by August 17, 2012, the following documents for in camera inspection: The Senate Majority is directed to produce all documents listed in its privilege logs; the Assembly Majority and Assembly Minority are directed to produce all documents listed in their privilege logs relating to Assembly districts in Nassau County. The documents produced for in camera inspection are to be provided in both hard copy and in electronic format. The Court will issue a separate order with further instructions regarding the protocol for electronic production. Further, the Senate Majority, Assembly Majority, and Assembly Minority are each directed to file, by August 20, 2012, a revised privilege log and personnel list that cure the defects identified in Part III of this Memorandum and Order, along with a supplemental affidavit regardi ng redistricting responsibilities for each LATFOR staff member, and evidentiary submissions to support any claims of attorney-client privilege. Any objections to this Memorandum and Order shall be served and filed by August 24, 2012. The production of documents for in camera inspection and the production of privilege logs and personnel lists are not stayed in the interim. So ordered by Magistrate Judge Roanne L. Mann on 8/10/2012. (Dempsey, Jameson)
October 29, 2013 636 Featured Case ORDER GRANTING Senate Majority's 396 Motion to Dismiss Defendant Senate Minority's Cross-Claim -- For the reasons set forth in the ATTACHED WRITTEN MEMORANDUM AND ORDER, the Senate Majority's motion to dismiss the Senate Minority� 39;s cross-claim is granted. Accordingly, the Senate Minority's cross-claim is dismissed. This action continues as to the remaining equal protection claims asserted by Intervenor-Plaintiffs. SO ORDERED by Circuit Judge Reena Raggi, Circuit Judge Gerard E. Lynch, and District Judge Dora Lizette Irizarry on 10/29/2013. (Irizarry, Dora)
May 22, 2014 673 Featured Case ORDER granting 420 Motion for Summary Judgment; denying 581 Motion to Compel; denying 607 Motion to Compel; finding as moot 619 Motion to Stay -- For the reasons set forth in the ATTACHED WRITTEN OPINION AND ORDER, this three-judge panel hereby: (1) GRANTS the Senate Majority Defendants' motions for summary judgment as to the Drayton Intervenors' and Ramos Intervenors' remaining equal protection claims; and (2) DENIES the discovery motions by the Senate Minority Cross- Claimants and the Ramos Intervenors, as well as the appeals of the Magistrate Judge Decisions by the Senate Minority Cross-Claimants, the Senate Majority Defendants, and the Assembly Majority Defendants.SO ORDERED by Second Circuit Judge Reena Raggi, Second Circuit Judge Gerard E. Lynch, and District Judge Dora Lizette Irizarry on 5/22/2014. (Irizarry, Dora)
July 28, 2014 686 Featured Case ORDER denying 677 Motion for Reconsideration re 679 Letter filed by Shing Chor Chung, Jung Ho Hong, Julia Yang, Linda Lee - For the reasons set forth in the ATTACHED WRITTEN SUMMARY ORDER, the Drayton Intervenors' motion for reconsidera tion is denied and the Lee Intervenors' request for modification of the May 22, 2014 Opinion and Order is granted. Thus, the May 22, 2014 Opinion and Order is modified to include the Lee Intervenors' equal population claim, in addition to t he identical equal population claims of the Drayton and Ramos Intervenors. For the same reasons that were detailed in the Court's May 22, 2014 Opinion and Order, the Lee Intervenors' equal population claim is dismissed. Litigation on the m erits of the Complaint filed in this action is thus concluded. The Court's decision on the objections to the Report and Recommendation issued by the magistrate judge on the issue of attorneys' fees shall be forthcoming. Accordingly, the Cl erk of the Court is directed to enter judgment on behalf of the Senate Majority Defendants as to the challenges to the State Senate Redistricting Plan and to close this case. SO ORDERED by Circuit Judge Reena Raggi, Circuit Judge Gerard E. Lynch and District Judge Dora Lizette Irizarry on 7/28/2014. (Irizarry, Dora)
August 14, 2014 687 Featured Case ORDER ADOPTING REPORT AND RECOMMENDATIONS - On May 20, 2014, the Honorable Roanne L. Mann, U.S.M.J., issued a report and recommendation (the R & R) concerning motions for attorneys' fees (and expert fees as to Drayton Intervenors) made by variou s Intervenor-Plaintiffs concerning the redistricting of congressional districts based on the 2010 Census. Only the State defendants, the Governor and Lieutenant Governor of the State of New York, filed objections to the R & R. For the reasons set f orth in the ATTACHED WRITTEN SUMMARY ORDER ADOPTING REPORT AND RECOMMENDATIONS, and upon due consideration, the Court adopts the exceptionally well-reasoned and thorough R & R issued by Magistrate Judge Mann, in its entirety. Accordingly, it is hereb y ORDERED that: (1) the Rose Intervenors' motion is denied in its entirety; (2) the Lee Intervenors are awarded $61,444 in attorneys'] fees; (3) the Drayton Intervenors are awarded $88,502.75 in attorneys' fees, $15,780 in expert fees, and $0.75 in litigation expenses; and (4) the Ramos Intervenors are awarded $97,196.25 in attorneys fees. SO ORDERED by Judge Dora Lizette Irizarry on 8/14/2014. (Irizarry, Dora)
February 13, 2012 73 Featured Case NOTICE: DISTRICT COURT'S REQUEST TO CHIEF JUDGE OF THE SECOND CIRCUIT COURT OF APPEALS PURSUANT TO 28 U.S.C. §2284(b) - The parties are hereby on notice that, on this date, the undersigned did forward to the C hief Judge of the Second Circuit Court of Appeals a formal request for the appointment of a three-judge panel and Special Master pursuant to 28 U.S.C. §2284(b). For the convenience of the parties, a copy of the request is attached to this Electronic Order. SO ORDERED by Judge Dora Lizette Irizarry on 2/13/2012. (Irizarry, Dora)

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Plaintiff: Weyman A. Carey
Represented By: Jeffrey Alan Williams
Represented By: Richard Mancino
Represented By: Daniel Max Burstein
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Plaintiff: Mark A. Favors
Represented By: Jeffrey Alan Williams
Represented By: Richard Mancino
Represented By: Daniel Max Burstein
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Plaintiff: Lillie H. Galan
Represented By: Daniel Max Burstein
Represented By: Richard Mancino
Represented By: Jeffrey Alan Williams
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Plaintiff: Howard Leib
Represented By: Daniel Max Burstein
Represented By: Richard Mancino
Represented By: Jeffrey Alan Williams
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Plaintiff: Edward A. Mulraine
Represented By: Daniel Max Burstein
Represented By: Richard Mancino
Represented By: Jeffrey Alan Williams
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Plaintiff: Warren Schreiber
Represented By: Daniel Max Burstein
Represented By: Richard Mancino
Represented By: Jeffrey Alan Williams
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Defendant: Andrew M. Cuomo
Represented By: Joshua Benjamin Pepper
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Defendant: Martin Malave Dilan
Represented By: Leonard M. Kohen
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Defendant: Robert J. Duffy
Represented By: Joshua Benjamin Pepper
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Defendant: Roman Hedges
Represented By: C. Daniel Chill
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Defendant: Brian M. Kolb
Represented By: Kevin M. Lang
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Defendant: Welquis R. Lopez
Represented By: Michael A. Carvin
Represented By: Todd R. Geremia
Represented By: David L. Lewis
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Defendant: John J. McEneny
Represented By: C. Daniel Chill
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Defendant: Michael F. Nozzolio
Represented By: Michael A. Carvin
Represented By: Todd R. Geremia
Represented By: David L. Lewis
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Defendant: Robert Oaks
Represented By: Timothy F. Hill
Represented By: Jonathan Halsby Sinnreich
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Defendant: John L. Sampson
Represented By: Leonard M. Kohen
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Defendant: Eric T. Schneiderman
Represented By: Joshua Benjamin Pepper
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Defendant: Sheldon Silver
Represented By: C. Daniel Chill
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Defendant: Dean G. Skelos
Represented By: Michael A. Carvin
Represented By: Todd R. Geremia
Represented By: David L. Lewis
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718)804-8833 (fax: Donna Kaye Drayton
Represented By: Joan P. Gibbs
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Latfor: New York State Legislative Task Force on Demographic Research and Reapportionment
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