Meadors et al v. Erie County Board of Elections
| Carlanda D. Meadors, Leonard A. Matarese, Jomo D. Akono, Kim P Nixon-Williams and Florence E Baugh |
| Erie County Board of Elections, Jeremy J Zellner and Ralph M. Mohr |
| India B Walton |
| 1:2021cv00982 |
| August 30, 2021 |
| US District Court for the Western District of New York |
| John L Sinatra |
| Civil Rights: Voting |
| 42 U.S.C. § 1983 |
| Defendant |
Docket Report
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Filing 52
RETURNS OF SERVICE UNEXECUTED re 29 Text Order. (SG)
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Filing 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)
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Filing 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)
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Filing 49
CLERKS CERTIFICATE filed and electronically sent to Court of Appeals re #48 Designation of Record on Appeal/Index. (SG)
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Filing 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)
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Filing 47
CLERKS CERTIFICATE filed and electronically sent to Court of Appeals re #46 Designation of Record on Appeal/Index. (SG)
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Filing 46
DESIGNATION of Record on Appeal by India B Walton re #30 Notice of Appeal CLERK TO FOLLOW UP (Cooney, Sean)
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Filing 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)
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Filing 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)
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Filing 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)
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Filing 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)
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Filing 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)
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Filing 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)
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Filing 39
Summons Issued as to Ralph M. Mohr, Jeremy J Zellner. (JLV)
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Filing 38
Original Summons Filed. (Sells, Bryan)
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Filing 37
Original Summons Filed. (Sells, Bryan)
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Filing 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)
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Filing 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)
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Filing 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)
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Filing 33
Letter filed by Erie County Board of Elections as to Jeremy J Zellner, Ralph M. Mohr, Erie County Board of Elections . (Toth, Jeremy)
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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)
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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)
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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)
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Filing 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)
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Filing 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)
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Filing 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)
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Filing 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-
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Filing 28
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)
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Filing 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)
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Filing 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)
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Filing 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)
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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)
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Filing 24
NOTICE of Appearance by Frank T. Housh on behalf of India B Walton (Housh, Frank)
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Filing 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)
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Filing 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)
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Filing 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)
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Filing 20
ANSWER to #1 Complaint by India B Walton.(Cooney, Sean)
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Filing 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)
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Filing 18
MEMORANDUM in Opposition re #2 MOTION for Temporary Restraining Order filed by India B Walton. (Cooney, Sean)
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Filing 17
MOTION to Expedite Hearing for Motion to Intervene by India B Walton. (Attachments: #1 Affidavit, #2 Text of Proposed Order)(Cooney, Sean)
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Filing 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)
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Filing 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)
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Filing 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)
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Filing 13
NOTICE of Appearance by Jeremy C. Toth on behalf of Erie County Board of Elections (Toth, Jeremy)
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Filing 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-
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Filing 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)
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Filing 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)
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Filing 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)
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Filing 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)
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Filing 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)
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Filing 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)
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Filing 5
DECLARATION signed by Bryan Sells re #4 MOTION to Expedite filed by Jomo D. Akono, Leonard A. Matarese, Carlanda D. Meadors. (SG)
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Filing 4
MOTION to Expedited Hearing by Jomo D. Akono, Leonard A. Matarese, Carlanda D. Meadors.(SG)
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Filing 3
MEMORANDUM in Support re #2 MOTION for Temporary Restraining Order filed by Jomo D. Akono, Leonard A. Matarese, Carlanda D. Meadors. (SG)
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Filing 2
MOTION for Temporary Restraining Order by Jomo D. Akono, Leonard A. Matarese, Carlanda D. Meadors.(SG)
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Filing 1
COMPLAINT against Erie County Board of Elections, filed by Carlanda D. Meadors, Leonard A. Matarese, Jomo D. Akono.(SG)
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Filing fee: $402.00, receipt number BUF073220 (SG)
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Summons Issued as to Erie County Board of Elections. (SG)
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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)
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AUTOMATIC REFERRAL to Mediation The ADR Plan is available for download at #http://www.nywd.uscourts.gov/alternative-dispute-resolution.(SG)
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