DIAZ v. SILVER

Civil Action No. CV-95-2591.

932 F.Supp. 462 (1996)

Angel DIAZ, Denise L. Motley, and Reynaldo Coholo, Plaintiffs, v. Sheldon SILVER, in His Official Capacity as Speaker of the House For the Assembly; Joseph L. Bruno, in His Official Capacity as President Pro Tem and Majority Leader of the Senate of the State of New York; George E. Pataki, in His Official Capacity as Governor of the State of New York; and Owen T. Smith, Evelyn J. Aquila, and Helena M. Donahue, in Their Official Capacities as Commissioners of the Board of Elections of the State of New York; and John Does 1 Through 50, the Names of Such Defendants Being Fictitious and Unknown to Plaintiffs, and Referring to Those Persons Who are Responsible in Their Official Capacities For the Enforcement of the Legislation That Created New York's Federal Congressional Districts; Defendants.

United States District Court, E.D. New York.

July 17, 1996.


Attorney(s) appearing for the Case

Robert D. Popper, New York City, for plaintiffs.

Delco L. Cornett, New York City, Plaintiff-Intervenor Pro Se.

C. Daniel Chill, Graubard, Mollen, Horowitz, Pomeranz & Shapiro, New York City, for Defendant Sheldon Silver.

Joel Graber, Assistant Attorney General, NYS Department of Law, New York City, for Defendants George E. Pataki, Joseph L. Bruno and the Board of Elections of the State of New York.

Juan A. Figueroa, Arthur A. Baer, Kenneth Kimerling, Puerto Rican Legal Defense and Education Fund, Inc., New York City, for Defendants-Intervenors Margarita Lopez and Luis Garden Acosta.

Elizabeth R. OuYang, Asian American Legal Defense and Education Fund, New York City, for Defendants-Intervenors Peter Lau and Jack Kuo Wei Tchen.

Paul Wooten, Brooklyn, NY, for Defendants-Intervenors Representatives Nydia Velàzquez and Major R. Owens, et al.

Rep. Carolyn B. Maloney, New York City, Defendant-Intervenor Pro Se, Member of Congress.

Before McLAUGHLIN, Circuit Judge, and JOHNSON and TRAGER, District Judges.


MEMORANDUM AND ORDER

PER CURIAM:

In June 1995, plaintiffs, Latino and African-American residents and voters brought this action alleging that the Twelfth Congressional District (12th CD), in which they reside, was unconstitutionally drawn.

Relying upon a series of Supreme Court cases beginning with Shaw v. Reno, 509 U.S. 630, 113 S.Ct. 2816, 125 L.Ed.2d 511 (1993) and continuing with U.S. v. Hays,...

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