MOLINARI v. BLOOMBERG

Docket No. 09-0331-cv.

564 F.3d 587 (2009)

Guy MOLINARI, Plaintiff, Willam C. Thompson Jr., Individually and in his official capacity as the New York City Comptroller, Betsy Gotbaum, individually and in her official capacity as Public Advocate for the City of New York, Bill de Blasio, individually and in his official capacity as a Member of the New York City Council, Letitia James, individually and in her official capacity as a Member of the New York City Council, Charles Barron, individually and in his official capacity as a Member of the New York City City Council, Rosalie Caliendo, Phillip DePaolo, Philip Foglia, Kent Lebsock, Andrea Rich, Mike Long, Tom Long, Sarah Lyons, Ida Sanoff, Gloria Smith, Eric Snyder, Kenneth J. Baer, Kenneth A. Diamondstone, Peter Gleason, Mark Winston Griffith, Ari Hoffnung, Alfonso Quiroz, Ydanis Rodriguez, Jo Anne Simon, New York Public Interest Research Group, Inc., U.S. Term Limits, Luvenia Suber, Stanley Kalathara, and Responsible New York, Plaintiffs-Appellants, v. Michael R. BLOOMBERG, in his official capacity as Mayor of the City of New York, Christine Quinn, in her official capacity as Speaker of the New York City Council, New York City Council, City of New York, Defendants-Appellees, James J. Sampel, in his official capacity as President of Commissioners of Elections for the Board of Elections in the City of New York, and Board of Elections in the City of New York, Defendants.

United States Court of Appeals, Second Circuit.

Decided: April 28, 2009.

Last Suppl. Briefs Filed: April 10, 2009.


Attorney(s) appearing for the Case

Randy M. Mastro, Gibson, Dunn & Crutcher LLP, New York, NY (Norman Siegel, New York, NY, on the brief), for Plaintiffs-Appellants Willam C. Thompson Jr., Betsy Gotbaum, Bill de Blasio, Letitia James, Charles Barron, Rosalie Caliendo, Phillip DePaolo, Philip Foglia, Kent Lebsock, Andrea Rich, Mike Long, Tom Long, Sarah Lyons, Ida Sanoff, Gloria Smith, Eric Snyder, Kenneth J. Baer, Kenneth A. Diamondstone, Peter Gleason, Mark Winston Griffith, Ari Hoffnung, Alfonso Quiroz, Ydanis Rodriguez, Jo Anne Simon, U.S. Term Limits, Luvenia Suber, Stanley Kalathara, and Responsible New York.

(Pieter Van Tol, Andrew Behrman, Lovells LLP, New York, NY, for Plaintiff-Appellant New York Public Interest Research Group, Inc.).

Alan G. Krams, Assistant Corporation Counsel (Michael A. Cardozo, Corporation Counsel of the City of New York, on the brief), New York, NY, for Defendants-Appellees.

Harry Kresky, New York, NY, for Lenora B. Fulani and the New York City Organizations of the New York Independence Party as amici curiae in support of Plaintiffs-Appellants.

Robert D. Joffe, Cravath, Swaine & Moore LLP, New York, NY, for the Partnership for New York City, Inc. as amicus curiae in support of Defendants-Appellees.

Before: STRAUB, POOLER, RAGGI, Circuit Judges.


STRAUB, Circuit Judge:

Plaintiffs-Appellants appeal from the judgment of the United States District Court for the Eastern District of New York (Charles P. Sifton, Judge), granting defendants' motion for summary judgment and dismissing plaintiffs' Amended Complaint. At issue in this litigation is an amendment to the Charter of the City of New York, entitled Local Law 51, which was passed by the City Council and signed...

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