Castronuova et al v. Cox et al
| Cara Castronuova and John Tabacco |
| Ed Cox, New York Republican Committee and New York State Board of Elections |
| 1:2024cv02428 |
| April 1, 2024 |
| US District Court for the Eastern District of New York |
| Lois Bloom |
| Nina R Morrison |
| Ramon E Reyes |
| Civil Rights: Voting |
| 42 U.S.C. § 2000 e Job Discrimination (Employment) |
| Plaintiff |
Docket Report
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This docket was last retrieved on May 30, 2024. A more recent docket listing may be available from PACER.
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| Filing 60 CERTIFICATE OF SERVICE by Ed Cox, New York Republican Committee re #59 Affidavit in Support of Motion, #57 MOTION to Dismiss for Failure to State a Claim (Davis, Kristen) |
| Filing 59 AFFIDAVIT/DECLARATION in Support re #57 MOTION to Dismiss for Failure to State a Claim Corrected filed by Ed Cox, New York Republican Committee. (Attachments: #1 Exhibit A. Amended Complaint, #2 Exhibit B. Supreme Court Judgment, #3 Exhibit C. Appellate Order, #4 Exhibit D. Rule 56) (Faso, Nicholas) |
| Filing 58 AFFIDAVIT/DECLARATION in Support re #57 MOTION to Dismiss for Failure to State a Claim filed by Ed Cox, New York Republican Committee. (Attachments: #1 Exhibit A. Amended Complaint, #2 Exhibit B. Supreme Court Judgment, #3 Exhibit C. Appellate Order, #4 Exhibit D. Rule 56) (Faso, Nicholas) |
| Filing 57 MOTION to Dismiss for Failure to State a Claim by Ed Cox, New York Republican Committee. (Attachments: #1 Memorandum in Support of Motion to Dismiss Amended Complaint and to Join Co-Defendants Motion to Dismiss Amended Complaint) (Faso, Nicholas) |
| Filing 56 CERTIFICATE OF SERVICE by New York State Board of Elections re #55 Affidavit in Support of Motion,,, #53 MOTION to Dismiss Amended Complaint, #54 Memorandum in Support (Conroy, Owen) |
| Filing 55 AFFIDAVIT/DECLARATION in Support re #53 MOTION to Dismiss Amended Complaint Declaration of Owen T. Conroy filed by New York State Board of Elections. (Attachments: #1 Exhibit 1: Petition, Nunziato, et al. v. Castronuova, et al., Index No. 903687-24 (N.Y. Sup. Ct., Albany Cty.), #2 Exhibit 2: Answer, Nunziato, et al. v. Castronuova, et al., Index No. 903687-24 (N.Y. Sup. Ct., Albany Cty.), #3 Exhibit 3: Petition, Castronuova v. Nunziato et al., Index No. 904237-24 (N.Y. Sup. Ct., Albany Cty.), #4 Exhibit 4: Decision, Nunziato, et al. v. Castronuova, et al., Index No. 903687-24 (N.Y. Sup. Ct., Albany Cty.), #5 Exhibit 5: Memorandum and Order, Castronuova v. Nunziato et al., Index No. CV-24-0878 (App. Div., 3d Dept)) (Conroy, Owen) |
| Filing 54 MEMORANDUM in Support re #53 MOTION to Dismiss Amended Complaint filed by New York State Board of Elections. (Conroy, Owen) |
| Filing 53 MOTION to Dismiss Amended Complaint by New York State Board of Elections. (Conroy, Owen) |
| Filing 52 NOTICE OF INTERLOCUTORY APPEAL as to #51 Order on Motion for Preliminary Injunction, by Cara Castronuova, John Tabacco. (VJ) |
| Electronic Index to Record on Appeal sent to US Court of Appeals. #52 Notice of Interlocutory Appeal Documents are available via Pacer. For docket entries without a hyperlink or for documents under seal, contact the court and we'll arrange for the document(s) to be made available to you. (VJ) |
| APPEAL FILING FEE DUE re #52 Notice of Interlocutory Appeal Payment in the amount of $605.00, can be made in person to the clerks office, or mailed in or paid online with the event Civil Case Appeal Filing Fee. (VJ) |
Filing 51
ORDER: The recently filed motion for a preliminary injunction (ECF No. 49) is denied for substantially the same reasons why the Court denied Plaintiffs prior applications for a preliminary injunction (ECF Nos. 3, 24). (See ECF #50 , 5/9/2024 Memorandum & Order). Defendants are hereby ordered to send a copy of this Order and the 5/9/2024 Memorandum & Order to the Plaintiffs via email. Ordered by Judge Ramon E. Reyes, Jr on 5/9/2024. (ENE)
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Filing 50
Memorandum and Order: For the reasons set forth above, Plaintiffs' requests for a preliminary injunction (ECF Nos. 3, 24) are denied with prejudice, and Defendants motions to dismiss (ECF Nos. 18, 22) are denied without prejudice. Plaintiffs request for an extension of time to file an Amended Complaint (ECF No. 46) is denied as moot. Defendants shall respond to the Amended Complaint (ECF No. 47) within 21 days of this Order, whether by answer, motion, or otherwise. Plaintiffs shall have 14 days to oppose any forthcoming motions to dismiss, and Defendants may reply 7 days thereafter. Plaintiffs may file a second amended complaintor any other motionsonly upon prior written request and grant of leave to do so. The Clerk of Court is respectfully requested to mail copies of this Order to Plaintiffs at the addresses listed on the docket and note the mailing on the docket. Ordered by Judge Ramon E. Reyes, Jr on 5/9/2024. (ENE)
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| Filing 49 Letter MOTION for Preliminary Injunction on printing of Ballots by Cara Castronuova, John Tabacco. (ENE) |
| Filing 48 Letter dated 5/6/2024 to Judge Reyes from Pro Se Plaintiffs' Cara Castronuova and John Tabacco regarding Amended Complaint. (ENE) |
| Filing 47 AMENDED COMPLAINT filed against Ed Cox, New York Republican Committee, New York State Board of Elections, filed by Cara Castronuova, John Tabacco. (ENE) |
| Filing 46 Letter MOTION for Extension of Time to File Amended Complaint until May 9, 2024 by Cara Castronuova, John Tabacco. (Attachments: #1 Screenshot of Email, #2 Screenshot of Email) (EF) |
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Filing 45
ORDER denying #41 Motion for Emergency Hearing. Ordered by Judge Ramon E. Reyes, Jr on 4/29/2024. (ENE)
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| Filing 44 RESPONSE to Motion re #22 MOTION to Dismiss for Failure to State a Claim filed by Cara Castronuova. (ENE) |
| Filing 43 Letter to the Court regarding Plaintiffs' Emergency Declaration and Motion for Evidentiary Hearing by Ed Cox, New York Republican Committee (Kunst, Kyle) |
| Filing 42 RESPONSE in Opposition re #41 Emergency MOTION for Hearing filed filed by New York State Board of Elections. (Attachments: #1 Exhibit 1: Answer, Nunziato et al. v. Castronuova et al., Index No. 903687-24 (N.Y. Sup. Ct., Albany Cty.), #2 Exhibit 2: Castronuova Affidavit, Nunziato et al. v. Castronuova et al., Index No. 903687-24 (N.Y. Sup. Ct., Albany Cty.)) (Conroy, Owen) |
| Filing 41 Emergency MOTION for Hearing filed by Cara Castronuova, John Tabacco. (Attachments: #1 Exhibit) (ENE) |
| Filing 40 Letter dated 4/22/2024 to Judge Reyes from Pro Se Plaintiff John Tabacco as a Supplement to Motion for Preliminary Injunction Reconsideration. See letter for further details. (ENE) |
| Filing 39 Letter dated 4/22/2024 to Judge Reyes from Pro Se Plaintiff Cara Castonuova requesting the Court to Supplement request for Preliminary Injunction Reconsideration. See letter for further details. (ENE) |
| Filing 38 DECLARATION of Randy Ireland, filed by Randy Ireland. (ENE) |
| Filing 37 DECLARATION of Tina Ryan, filed by Tina Ryan. (ENE) |
| Filing 36 DECLARATION of Cara Castronuova, filed by Cara Castronuova. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit) (ENE) (Additional attachment(s) added on 4/24/2024: #6 Exhibit) (ENE). (Additional attachment(s) added on 4/24/2024: #7 Exhibit, #8 Exhibit) (ENE). |
| Filing 35 Letter dated 4/22/2024 to Judge Reyes from Pro Se Plaintiff Cara Castronuova as a Supplement to Motion for Preliminary Injunction. See letter for further details. (ENE) |
| Filing 34 Letter Response to Plaintiffs' Additional Filings in Support of Their Motion for a Preliminary Injunction by Ed Cox, New York Republican Committee (Kunst, Kyle) |
| Filing 33 Letter Response to Plaintiffs' Additional Filings in Support of Their Motion for a Preliminary Injunction by New York State Board of Elections (Attachments: #1 Exhibit 1: Petition, Nunziato et al. v. Castronuova et al., Index No. 903687-24 (N.Y. Sup. Ct., Albany Cty.)) (Conroy, Owen) |
| Filing 32 DECLARATION of Cara Castronuova, filed by Cara Castronuova (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit J, #10 Exhibit K) (IH) |
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ORDER granting #26 Motion for Extension of Time. Plaintiffs may file an amended complaint by May 6, 2024, pursuant to Federal Rules of Civil Procedure 15(a). The Court is in receipt of the material submitted by Plaintiffs at ECF Nos. #24 , #25 , #26 , #28 , #29 , #31 , and #32 , and will consider these materials as filed in support of the pending Motion for a Preliminary Injunction, which has not yet been decided. Should the parties wish to file additional material, either in support of or in opposition to the Motion for Preliminary Injunction, they shall do so by Monday, April 22, 2024. The Court will proceed to consideration of the Preliminary Injunction Motion thereafter. Counsel for the Defendants are hereby ORDERED to email a copy of this order to the Plaintiffs at the emails listed at ECF No. 15. Ordered by District Judge Ramon E. Reyes, Jr on 4/18/2024. (MH)
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| Filing 31 DECLARATION of John Tabacco, filed by John Tabacco (Attachments: #1 Supplemental Exhibit) (IH). |
| Filing 30 RESPONSE to Motion re #26 Letter MOTION for Extension of Time to File Response/Reply as to #22 MOTION to Dismiss for Failure to State a Claim filed by the Committee Defendants filed by Ed Cox, New York Republican Committee. (Kunst, Kyle) |
| Filing 27 RESPONSE to Motion re #26 Letter MOTION for Extension of Time to File Response/Reply as to #22 MOTION to Dismiss for Failure to State a Claim filed filed by New York State Board of Elections. (Conroy, Owen) |
| Filing 26 Letter MOTION for Extension of Time to File Response/Reply as to #22 MOTION to Dismiss for Failure to State a Claim filed by Cara Castronuova, John Tabacco. (ENE) |
| Filing 29 DECLARATION of Evette Jody Stark, filed by Evette Jody Stark. (ENE) |
| Filing 28 DECLARATION of Mark Szuszkiewicz, filed by Mark Szuszkiewicz. (ENE) |
| Filing 25 Letter dated 4/14/2024 to Pro Se Plaintiff Cara Castronuova and John Tabacco from Jim Toes regarding challenge made to their petition. See letter for further details. (ENE) |
| Filing 24 Letter MOTION for Reconsideration and Notice of Intent to Amend Complaint filed by Cara Castronuova, John Tabacco. (ENE) |
| Filing 23 CERTIFICATE OF SERVICE by Ed Cox, New York Republican Committee re #22 MOTION to Dismiss for Failure to State a Claim (Davis, Kristen) |
| Filing 22 MOTION to Dismiss for Failure to State a Claim by Ed Cox, New York Republican Committee. (Attachments: #1 Memorandum of Law In Support of Motion to Dismiss and In Opposition to Plaintiffs Motion for a Preliminary Injunction) (Faso, Nicholas) |
| Filing 21 CERTIFICATE OF SERVICE by New York State Board of Elections re #18 MOTION to Dismiss , #19 Memorandum in Support, #20 Affidavit in Opposition to Motion (Conroy, Owen) |
| Filing 20 AFFIDAVIT/DECLARATION in Opposition re #3 MOTION for Preliminary Injunction Declaration of Kristen Zebrowski Stavisky filed by New York State Board of Elections. (Conroy, Owen) |
| Filing 19 MEMORANDUM in Support re #18 MOTION to Dismiss and in Opposition to Plaintiffs' Motion for a Preliminary Injunction filed by New York State Board of Elections. (Conroy, Owen) |
| Filing 18 MOTION to Dismiss by New York State Board of Elections. (Conroy, Owen) |
| Filing 17 Minute Entry for proceedings held before District Judge Ramon E. Reyes, Jr: Pre Motion Conference held on 4/10/2024.Case called. Discussions held. The Court received Exhibit 1 as described on the record, attached hereto with private addresses redacted. Plaintiffs #16 Motion for emergency relief and a Temporary Restraining Order is denied for the reasons stated on the record. By 4/15/2024, formal oppositions to #3 Motion for Preliminary Injunction shall be filed by Defendants. Each opposition brief shall also include any Motions to Dismiss the Complaint. Plaintiffs shall file any additional evidence, including affidavits, and any supplemental briefing they choose to make in support of their #3 Motion for Preliminary Injunction by 4/15/2024. Any replies must be made by 4/22/2024. Plaintiffs are reminded to submit a form consenting to electronic service and return it to the Pro Se Office. Defendants are ordered to electronically send Plaintiffs a copy of this Minute Entry at the email addresses included in ECF No. #15 . (Court Reporter Victoria Torres-Butler.) (ENE) |
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ORDER granting #11 Motion for Pre Motion Conference. The parties shall appear before District Judge Ramon E. Reyes on 4/10/2024 at 10:00 AM in Courtroom 13D. Plaintiffs shall be prepared to argue the grounds for relief requested in ECF Nos. #3 and #16 in addition to their position on Defendants' anticipated motion to dismiss described at #11 . Defendants are hereby ordered to provide notice of this hearing to Plaintiffs. Ordered by District Judge Ramon E. Reyes, Jr on 4/8/2024. (MH)
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ORDER REASSIGNING CASE. Case reassigned to District Judge Ramon E. Reyes, Jr for all further proceedings. Judge Pamela K. Chen no longer assigned to case Please download and review the Individual Practices of the assigned Judges, located on our #website. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such.Ordered by Chief Judge Margo K. Brodie on 4/7/2024. (CV)
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| Filing 16 Emergency MOTION for Temporary Restraining Order And Motion For Assignment To Article III Judge and Motion For Statement Of Reasons For Grounds of Recusal by Cara Castronuova, John Tabacco. (MLR) |
| Filing 15 Letter dtd. 4/5/24 from John Tabacco and Cara Castronuova to Judge Chen, requesting a hearing date. (See attached). (MLR) |
| Filing 14 Letter Regarding Plaintiffs' Proposed Order to Show Cause Seeking a Preliminary Injunction by New York State Board of Elections (Conroy, Owen) |
| Filing 13 NOTICE of Appearance by Owen Thomas Conroy on behalf of New York State Board of Elections (aty to be noticed) (Conroy, Owen) |
| Case Reassigned to Judge Pamela K. Chen and Magistrate Judge Lois Bloom. Magistrate Judge Vera M. Scanlon no longer assigned to the case. Please download and review the Individual Practices of the assigned Judges, located on our #website. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. (BBM) |
| NOTICE to Assign District Judge: The Clerk of Court is directed to reassign this case to a district judge. (BBM) |
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Filing 12
ORDER: Pro se plaintiffs filed the complaint and paid the filing fee in this action on April 1, 2024. ECF Nos. #1 , #2 . Plaintiffs shall have 90 days from April 1, 2024 to serve defendants and file proof of proper service with the Court. Accordingly, if proper service is not made upon defendants by July 1, 2024, or if plaintiffs fail to show good cause why such service has not been effected by that date, I shall recommend that the Court should dismiss this action without prejudice. See attached Order. Ordered by Magistrate Judge Lois Bloom on 4/4/2024. (VP)
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| Filing 11 First MOTION for pre motion conference by Ed Cox, New York Republican Committee. (Faso, Nicholas) |
| Filing 10 Clerk's Notice Re: Consent. A United States Magistrate Judge has been assigned to this case and is available to conduct all proceedings. In accordance with Rule 73 of the Federal Rules of Civil Procedure, Local Rule 73.1, the parties are notified that if all parties consent, the assigned Magistrate Judge is available to conduct all proceedings in this action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to this Notice is a blank copy of the consent form that should be filled out, signed and filed electronically only if all parties wish to consent. Any party may withhold its consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent.The form may also be accessed at the following link: #https://img.nyed.uscourts.gov/files/forms/MJConsentForm.pdf (BBM) |
| Filing 9 NOTICE of Appearance by Kyle George Kunst on behalf of Ed Cox, New York Republican Committee (aty to be noticed) (Kunst, Kyle) |
| Filing 8 NOTICE of Appearance by Kristen A. Davis on behalf of Ed Cox, New York Republican Committee (aty to be noticed) (Davis, Kristen) |
| Filing 7 NOTICE of Appearance by Nicholas John Faso on behalf of Ed Cox, New York Republican Committee (aty to be noticed) (Faso, Nicholas) |
| Case no longer referred to Magistrate Judge Lois Bloom. (BBM) |
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ORDER OF RECUSAL. Judge Morrison recused. Case reassigned to Magistrate Judge Vera M. Scanlon for all further proceedings. Type of Recusal: party.Ordered by Judge Nina R. Morrison on 4/4/2024. (BBM)
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| Case Reassigned to Magistrate Judge Vera M. Scanlon. Judge Nina R. Morrison no longer assigned to the case. Please download and review the Individual Practices of the assigned Judges, located on our #website. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. (BBM) |
| Filing 6 Summons Issued as to Ed Cox, New York Republican Committee, New York State Board of Elections. (CV) |
| Filing 5 Unsigned Order to Show Cause by Cara Castronuova, John Tabacco (CV) . |
| Filing 4 FILING FEE: $ 405.00, receipt number 100013612 Modified on 4/3/2024 (CV). Modified on 4/3/2024 (CV). |
| Filing 3 MOTION for Preliminary Injunction by Cara Castronuova, John Tabacco. (CV) |
| Filing 2 Clerk's Notice Re: Consent. A United States Magistrate Judge has been assigned to this case and is available to conduct all proceedings. In accordance with Rule 73 of the Federal Rules of Civil Procedure, Local Rule 73.1, the parties are notified that if all parties consent, the assigned Magistrate Judge is available to conduct all proceedings in this action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to this Notice is a blank copy of the consent form that should be filled out, signed and filed electronically only if all parties wish to consent. Any party may withhold its consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent.The form may also be accessed at the following link: #https://img.nyed.uscourts.gov/files/forms/MJConsentForm.pdf (CV) |
| Filing 1 COMPLAINT against Ed Cox, New York Republican Committee, New York State Board of Elections, filed by Cara Castronuova, John Tabacco. (Attachments: #1 Civil Cover Sheet) (CV) (Additional attachment(s) added on 4/3/2024: #2 Affidavit) (CV). |
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