Case 1:11-cv-05632-DLI-RLM Document 60 Filed 01/17/12 Page 1 of 2 PageID #: 752
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
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MARK A. FAVORS, ET AL.
Plaintiffs,
Index No. 11-CV-5632 (DLI)(RLM)
V.
ANDREW M. CUOMO, ET AL.,
Defendants.
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NOTICE OF VOLUNTARY DISMISSAL OF COUNTS V AND VI
WHEREAS, the Complaint commencing this action asserted that Part XX of
Chapter 57 ofthe Laws ofNew York (the "Prisoner Reallocation Law") required Defendants the
New York State Legislative Task Force on Demographic Research and Reapportionment
("LATFOR") and its members to compile and release amended population data counting
prisoners only at their home addresses prior to incarceration, to the extent those addresses were
in-state and could be determined; and
WHEREAS, the Complaint further alleged that during the eight months between
release of population data from the 2010 census and the filing of the Complaint, such Defendants
failed to comply with their obligations under the Prisoner Reallocation Law; and
WHEREAS, the Complaint asserted claims for violation of the Prisoner
Reallocation Law (Count V) and for violation of the federal Voting Rights Act in connection
with violation of the Prisoner Reallocation Law (Count VI), in both counts seeking a court order
requiring those Defendants to comply immediately with the Prisoner Reallocation Law by
releasing amended population data that counts prisoners only at their home residences; and
Case 1:11-cv-05632-DLI-RLM Document 60 Filed 01/17/12 Page 2 of 2 PageID #: 753
7386434.2
WHEREAS, on January 10,2012, ten months after release of population data
from the 2010 census, LATFOR and its members adopted amended population data that counts
prisoners only at their home residences, thus satisfying the relief requested by Plaintiffs in
Counts V and VI of the Complaint; and
WHEREAS, no Defendant has served either an answer or a motion for summary
judgment;
NOW, THEREFORE, pursuant to Fed. R. Civ. P. 41(a)(l)(A)(i), Plaintiffs
voluntarily dismiss without prejudice Counts V and VI of the Complaint.
Dated: New York, New York
January 17, 2012
WILLKIE F ARR & GALLAGHER LLP
By:~~~~
"""'
Richard Mancino
(A Member of the Firm)
Daniel M. Burstein
Jeffrey A. Williams
787 Seventh A venue
New York, New York 10019
(212) 728-8000
rmancino@willkie.com
dburstein@willkie.com
jwilliams@willkie.com
Attorneys for Plaintiffs
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