Colon et al v. Monroe County Board of Elections et al
Plaintiff: Belen Colon and Mercedes Vazquez Simmons
Defendant: Monroe County Board of Elections and County of Monroe
Case Number: 6:2020cv06465
Filed: July 7, 2020
Court: US District Court for the Western District of New York
Presiding Judge: Elizabeth A Wolford
Nature of Suit: Civil Rights: Voting
Cause of Action: 42 U.S.C. § 1983 Civil Rights Act
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on December 3, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
December 3, 2021 Opinion or Order Clerk regenerated #27 Decision and Order and sent to the Second Circuit Court of Appeals. (JHF)
December 2, 2021 Opinion or Order Filing 27 DECISION AND ORDER denying #24 Motion for Leave to Proceed in forma pauperis. Signed by Hon. Elizabeth A. Wolford on 12/02/2021. (CDH) (A copy of this Decision and Order was mailed to Mercedes Vazquez Simmons)-CLERK TO FOLLOW UP-
July 8, 2021 Opinion or Order Filing 26 MANDATE of USCA as to #23 Notice of Appeal filed by Mercedes Vazquez Simmons: A notice of appeal was filed on March 29, 2021. Appellant's D-P was due April 12, 2021. The case is deemed in default. IT IS HEREBY ORDERED that the appeal will be dismissed effective May 17, 2021 if the form is not filed by that date. (JHF)
March 30, 2021 Opinion or Order Filing 25 CLERK'S CERTIFICATE/INDEX filed and electronically sent to Court of Appeals. (JHF)
March 29, 2021 Opinion or Order Filing 24 MOTION for Leave to Proceed in forma pauperis by Mercedes Vazquez Simmons. (JHF)
March 29, 2021 Opinion or Order Filing 23 NOTICE OF APPEAL as to #21 Order, #22 Judgment by Mercedes Vazquez Simmons. Fee not paid. Fee due. (JHF)
March 26, 2021 Opinion or Order Filing 22 JUDGMENT in favor of County of Monroe, Monroe County Board of Elections against Belen Colon, Mercedes Vazquez Simmons. Signed by Clerk on 3/26/21. (JHF)
March 25, 2021 Opinion or Order Filing 21 DECISION AND ORDER granting #4 Motion to Dismiss for Failure to State a Claim and dismissing complaint without prejudice. Signed by Hon. Elizabeth A. Wolford on 3/25/2021. (MGB)-CLERK TO FOLLOW UP-
August 27, 2020 Opinion or Order Filing 20 REPLY in Further Support of #4 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by County of Monroe, Monroe County Board of Elections. (Rodi, Maria) Modified on 8/27/2020 (JHF).
August 27, 2020 Opinion or Order E-Filing Notification: Clerk revised docket text of #20 to "REPLY in Further Support" to clarify the filing event. (JHF)
August 18, 2020 Opinion or Order Filing 19 MEMORANDUM in Opposition re #4 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Belen Colon, Mercedes Vazquez Simmons. (Kantor, Theodore) Modified on 8/18/2020 (JHF).
August 18, 2020 Opinion or Order Filing 18 CONTINUATION OF EXHIBITS to #6 Affidavit in Opposition: Edith Rodriguez Affidavit, filed by Belen Colon, Mercedes Vazquez Simmons. (Kantor, Theodore) Modified on 8/18/2020 (JHF).
August 18, 2020 Opinion or Order Filing 17 CONTINUATION OF EXHIBITS to #6 Affidavit in Opposition: Maria V. Franco Affidavit, filed by Belen Colon, Mercedes Vazquez Simmons. (Kantor, Theodore) Modified on 8/18/2020 (JHF).
August 18, 2020 Opinion or Order Filing 16 CONTINUATION OF EXHIBITS to #6 Affidavit in Opposition: Luis Rodriguez Affidavit, filed by Belen Colon, Mercedes Vazquez Simmons. (Kantor, Theodore) Modified on 8/18/2020 (JHF). Modified on 8/18/2020 (JHF).
August 18, 2020 Opinion or Order Filing 15 CONTINUATION OF EXHIBITS to #6 Affidavit in Opposition: Ruth Fuentes Affidavit, filed by Belen Colon, Mercedes Vazquez Simmons. (Kantor, Theodore) Modified on 8/18/2020 (JHF).
August 18, 2020 Opinion or Order Filing 14 CONTINUATION OF EXHIBITS to #6 Affidavit in Opposition: Isidra Soto Affidavit, filed by Belen Colon, Mercedes Vazquez Simmons. (Kantor, Theodore) Modified on 8/18/2020 (JHF).
August 18, 2020 Opinion or Order Filing 13 CONTINUATION OF EXHIBITS to #6 Affidavit in Opposition: Katerin Franco Affidavit, filed by Belen Colon, Mercedes Vazquez Simmons. (Kantor, Theodore) Modified on 8/18/2020 (JHF).
August 18, 2020 Opinion or Order Filing 12 CONTINUATION OF EXHIBITS to #6 Affidavit in Opposition: Awilda Sanchez Affidavit, filed by Belen Colon, Mercedes Vazquez Simmons. (Kantor, Theodore) Modified on 8/18/2020 (JHF).
August 18, 2020 Opinion or Order Filing 11 CONTINUATION OF EXHIBITS to #6 Affidavit in Opposition: Mercedes Vazquez Simmons Affidavit, filed by Belen Colon, Mercedes Vazquez Simmons. (Kantor, Theodore) Modified on 8/18/2020 (JHF).
August 18, 2020 Opinion or Order Filing 10 CONTINUATION OF EXHIBITS to #6 Affidavit in Opposition: J. Roberto Burgos Affidavit, filed by Belen Colon, Mercedes Vazquez Simmons. (Kantor, Theodore) Modified on 8/18/2020 (JHF).
August 18, 2020 Opinion or Order Filing 9 CONTINUATION OF EXHIBITS to #6 Affidavit in Opposition: Francisco Rodriguez Affidavit, filed by Belen Colon, Mercedes Vazquez Simmons. (Kantor, Theodore) Modified on 8/18/2020 (JHF).
August 18, 2020 Opinion or Order Filing 8 CONTINUATION OF EXHIBITS to #6 Affidavit in Opposition: Felix Colon Affidavit, filed by Belen Colon, Mercedes Vazquez Simmons. (Kantor, Theodore) Modified on 8/18/2020 (JHF).
August 18, 2020 Opinion or Order Filing 7 CONTINUATION OF EXHIBITS to #6 Affidavit in Opposition: Emilia Ramos Affidavit, filed by Belen Colon, Mercedes Vazquez Simmons. (Kantor, Theodore) Modified on 8/18/2020 (JHF).
August 18, 2020 Opinion or Order Filing 6 AFFIDAVIT by Theodore S. Kantor in Opposition re #4 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Belen Colon, Mercedes Vazquez Simmons. (Kantor, Theodore) Modified on 8/18/2020 (JHF).
August 18, 2020 Opinion or Order E-Filing Notification: Clerk revised docket text of #6 , #7 , #8 , #9 , #10 , #11 , #12 , #13 , #14 , #15 , #16 , #17 , #18 and #19 to clarify and reflect the correct filing events. (JHF)
July 30, 2020 Opinion or Order Filing 5 TEXT ORDER re #4 Motion to Dismiss. Responses are due on or before 8/20/2020. Replies are due on or before 8/27/2020. Upon receipt of all papers, the Court will determine if oral argument is necessary and, if so, advise the parties of the date and time. SO ORDERED. Signed by Hon. Elizabeth A. Wolford on 7/30/2020. (KAC)
July 30, 2020 Opinion or Order Filing 4 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by County of Monroe, Monroe County Board of Elections. (Attachments: #1 Declaration, #2 Memorandum in Support)(Rodi, Maria)
July 20, 2020 Opinion or Order Filing 3 AFFIDAVIT of Service for summons and complaint served on Brendon Fleming on July 9, 2020, filed by Mercedes Vazquez Simmons. (Attachments: #1 Affidavit)(Kantor, Theodore)
July 16, 2020 Opinion or Order Filing 2 NOTICE of Appearance by Theodore S. Kantor on behalf of All Plaintiffs (Kantor, Theodore)
July 7, 2020 Filing 1 COMPLAINT against County of Monroe, Monroe County Board of Elections, filed by Belen Colon, Mercedes Vazquez Simmons. (Attachments: #1 Civil Cover Sheet) (JHF)
July 7, 2020 Filing fee received: $400.00, receipt number ROC012318. (JHF)
July 7, 2020 Summons Issued as to County of Monroe, Monroe County Board of Elections. (JHF)
July 7, 2020 Pro Se Packet consisting of Privacy Notice, Consent to Proceed Before a Magistrate Judge, Pro Se Assistance Program, Civil Case Timeline and ADR Notification given to plaintiff. (JHF)
July 7, 2020 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. (JHF)

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Defendant: Monroe County Board of Elections
Represented By: Maria Elizabeth Rodi
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Defendant: County of Monroe
Represented By: Maria Elizabeth Rodi
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Plaintiff: Belen Colon
Represented By: Theodore S. Kantor
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Plaintiff: Mercedes Vazquez Simmons
Represented By: Theodore S. Kantor
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