EH Fusion Party et al v. Suffolk County Board of Elections et al
| Stephen M. Lester, David Gruber, Elizabeth A. Bambrick, Richard P. Drew, II, Bonnie Brady, EH Fusion Party, Dell R. Cullum, Simon V. Kinsella, Susan M. Vorphal, Michael Havens, Fallon Nigro, Rona S. Klopman and David Talmage |
| Commissioner Anita S. Katz, Commissioner Nick LaLota and Suffolk County Board of Elections |
| 2:2019cv03511 |
| June 13, 2019 |
| US District Court for the Eastern District of New York |
| Sanket J Bulsara |
| Kiyo A Matsumoto |
| Civil Rights: Voting |
| 42 U.S.C. § 1983 Civil Rights Act |
| None |
Docket Report
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This docket was last retrieved on August 13, 2019. A more recent docket listing may be available from PACER.
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| Filing 29 Letter re: Docket 24, items 2.d/2.e by Elizabeth A. Bambrick, Bonnie Brady, Dell R. Cullum, Richard P. Drew, II, EH Fusion Party, David Gruber, Michael Havens, Simon V. Kinsella, Rona S. Klopman, Stephen M. Lester, Fallon Nigro, David Talmage, Susan M. Vorphal (Attachments: #1 Affidavit, #2 Affidavit) (Green, Remy) |
| Filing 28 REPLY in Opposition re #23 MOTION for Summary Judgment Pursuant to Rule 56, or Alterantively an Abstention or Stay, #27 Rule 56.1 Statement filed by All Plaintiffs. (Green, Remy) |
| Filing 27 RULE 56.1 STATEMENT Defendants' filed by Anita S. Katz, Nick LaLota, Suffolk County Board of Elections. (Attachments: #1 Supplement) (Furshpan, Daniel) |
SCHEDULING ORDER: The court acknowledges the plaintiffs' #26 formal request for oral argument and schedules oral argument for 8/12/2019 at 03:00 PM in Courtroom 6C South. The court also grants plaintiffs' request to allow co-counsel to assist the lead attorney when appropriate during oral argument, in accordance with Individual Chambers Practice Section IV(E). Ordered by Judge Kiyo A. Matsumoto on 8/5/2019. (Spriggs, Steven)
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| Filing 26 Letter Request for Oral Argument by Elizabeth A. Bambrick, Bonnie Brady, Dell R. Cullum, Richard P. Drew, II, EH Fusion Party, David Gruber, Michael Havens, Simon V. Kinsella, Rona S. Klopman, Stephen M. Lester, Fallon Nigro, David Talmage, Susan M. Vorphal (Green, Remy) |
| Filing 25 NOTICE of Appearance by Remy Green on behalf of Elizabeth A. Bambrick, Bonnie Brady, Dell R. Cullum, Richard P. Drew, II, EH Fusion Party, David Gruber, Michael Havens, Simon V. Kinsella, Rona S. Klopman, Stephen M. Lester, Fallon Nigro, David Talmage, Susan M. Vorphal (notification declined or already on case) (Green, Remy) |
| Filing 24 MOTION for Summary Judgment (Cover Letter and bundle with Plaintiffs' and Defendants' papers) by Elizabeth A. Bambrick, Bonnie Brady, Dell R. Cullum, Richard P. Drew, II, EH Fusion Party, David Gruber, Michael Havens, Simon V. Kinsella, Rona S. Klopman, Stephen M. Lester, Fallon Nigro, David Talmage, Susan M. Vorphal. (Attachments: #1 Notice of Motion Amended Notice of Motion, dated July 25, 2019, #2 Memorandum in Support Amended Memorandum of Law, dated July 25, 2019, #3 Declaration Amended Declaration of Remy Green, dated July 24, 2019, #4 Exhibit Exhibit 1 - May 21st Accept of Decline Letters, #5 Exhibit Exhibit 2 - Lynch Decline Letter, #6 Exhibit Exhibit 3 - Rana Letter, #7 Exhibit Exhibit 4 - Letters of Invalidity, #8 Exhibit Exhibit 5 - BOE Memo of Law in State Case, #9 Exhibit Exhibit 6 - Defs' Resposne to Doc Demands, #10 Exhibit Exhibit 7 - Defs' Supplemental Response to Interrogatories, #11 Exhibit Exhibit 8 - Plas' Response to All Discovery Requests, #12 Exhibit Exhibit 9 - Democratic Party Mailer, #13 Exhibit Exhibit 10 - Certificates of Substitution, #14 Exhibit Exhibit 11 - 2019-06-05 - Meeting Minutes, #15 Exhibit Exhibit 12 - 2019-06-13 Meeting Minutes, #16 Exhibit Exhibit 13 - Plas' Rule 26, #17 Exhibit Exhibit 14 - BOE Production, #18 Exhibit Exhibit 15 - EHFP Production, #19 Exhibit Exhibit 16 - Yellow Pages, #20 Exhibit Exhibit 17 - BOE Facebook Page, #21 Exhibit Exhibit 18 - About Us Page, #22 Exhibit Exhibit 19 - Suffolk Page, #23 Exhibit Exhibit 20 - June 26 2019 Appearance Transcript, #24 Exhibit Exhibit 21 - BOE Second Supp Response to Interrogatories, #25 Exhibit Exhibit 22 - BOE Second Supp Response to Discovery Demands, #26 Exhibit Exhibit 23 - BOE 220-BOE 461, #27 Exhibit Exhibit 24 - 7-8-2019 Letter, #28 Exhibit Exhibit 25 - Sprint's Merits Brief, #29 Declaration Declaration of Rona Klopman, dated July 17, 2019, #30 Rule 56.1 Statement Amended Local Civil Rule 56.1 Statement, dated July 25, 2019, #31 Declaration Declaration of Daniel Furshpan (with Exhibits A - N), #32 Exhibit Exhibit A, #33 Exhibit Exhibit B, #34 Exhibit Exhibit C, #35 Exhibit Exhibit D, #36 Exhibit Exhibit E, #37 Exhibit Exhibit F, #38 Exhibit Exhibit G, #39 Exhibit Exhibit H, #40 Exhibit Exhibit I, #41 Exhibit Exhibit J, #42 Exhibit Exhibit K, #43 Exhibit Exhibit L, #44 Exhibit Exhibit M, #45 Exhibit Exhibit N, #46 Declaration Katz Declaration, #47 Declaration LaLota Declaration, #48 Affidavit Monaco Affidavit, #49 Rule 56.1 Statement BOE Response to Plntf Rule 56.1, #50 Memorandum in Opposition BOE Memo of Law in Opp, #51 Memorandum in Support Memorandum of Law dated August 1, 2019, #52 Declaration Reply Declaration of Remy Green, dated August 1, 2019, #53 Exhibit Reply Ex 1 - Hirschfeld Transcript, #54 Exhibit Reply Ex 2 - Defendants' MOL in Hirschfeld) (Green, Remy) |
| Filing 23 MOTION for Summary Judgment Pursuant to Rule 56, or Alterantively an Abstention or Stay by Anita S. Katz, Nick LaLota, Suffolk County Board of Elections. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Declaration, #5 Exhibit 1, #6 Exhibit 2, #7 Exhibit 3, #8 Exhibit 4, #9 Exhibit 5, #10 Exhibit 6, #11 Exhibit 7, #12 Exhibit 8, #13 Exhibit 9, #14 Exhibit 10, #15 Memorandum in Support, #16 Rule 56.1 Statement Plaintiffs, #17 Affidavit in Opposition Plaintiffs, #18 Memorandum in Opposition, #19 Memorandum in Support) (Furshpan, Daniel) |
| Filing 22 MOTION for Summary Judgment Abstention and Stay by Anita S. Katz, Nick LaLota, Suffolk County Board of Elections. (Furshpan, Daniel) |
| Filing 21 Letter Update, Regarding State Court Order Staying State Proceedings by Elizabeth A. Bambrick, Bonnie Brady, Dell R. Cullum, Richard P. Drew, II, EH Fusion Party, David Gruber, Michael Havens, Simon V. Kinsella, Rona S. Klopman, Stephen M. Lester, Fallon Nigro, David Talmage, Susan M. Vorphal (Attachments: #1 Exhibit State Court Order Staying State Proceedings) (Green, Remy) |
| Filing 20 Letter dated 7/10/19 from Jennifer L. Clark, Asst. Solicitor General to Douglas C. Palmer, Clerk of the Court, informing the Court that the Attorney General's Office has determined not to participate in this matter at this time. (Galeano, Sonia) |
| Filing 19 Letter regarding Correspondence from the New York Attorney General by Elizabeth A. Bambrick, Bonnie Brady, Dell R. Cullum, Richard P. Drew, II, EH Fusion Party, David Gruber, Michael Havens, Simon V. Kinsella, Rona S. Klopman, Stephen M. Lester, Fallon Nigro, David Talmage, Susan M. Vorphal (Green, Remy) |
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ORDER granting #18 Motion to Adjourn Conference. The court grants defendants' request for an adjournment. The court will hold oral argument on 8/12/2019 at 3:00 PM in Courtroom 6C South before Judge Kiyo A. Matsumoto. Ordered by Judge Kiyo A. Matsumoto on 7/12/2019. (Spriggs, Steven)
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| Filing 18 Letter MOTION to Adjourn Conference /Oral Argument on Motions by Anita S. Katz, Nick LaLota, Suffolk County Board of Elections. (Furshpan, Daniel) |
| Filing 17 ANSWER to #1 Complaint,, by All Defendants. (Furshpan, Daniel) |
| Filing 16 Joint MOTION for Discovery and Briefing Schedule to be Ordered, as requested by the Court by Elizabeth A. Bambrick, Bonnie Brady, Dell R. Cullum, Richard P. Drew, II, EH Fusion Party, David Gruber, Michael Havens, Simon V. Kinsella, Rona S. Klopman, Stephen M. Lester, Fallon Nigro, David Talmage, Susan M. Vorphal. (Green, Remy) |
| Filing 15 Letter Regarding State Proceedings, as requested by the Court by Elizabeth A. Bambrick, Bonnie Brady, Dell R. Cullum, Richard P. Drew, II, EH Fusion Party, David Gruber, Michael Havens, Simon V. Kinsella, Rona S. Klopman, Stephen M. Lester, Fallon Nigro, David Talmage, Susan M. Vorphal (Attachments: #1 Exhibit Order to Show Cause to Stay State Proceedings) (Green, Remy) |
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ORDER granting in part and denying in part #16 Motion for Discovery. The court orders the following schedule: (1) Plaintiffs shall serve their document requests and interrogatories on the defendants on or before June 28, 2019, and counsel shall meet and confer within 7 days regarding any search term/custodian/other document search issues.(2) Defendants shall serve any discovery requests on or before July 2, 2019, and counsel shall meet and confer within 7 days regarding any search term/custodian/other document search issues.(3) All parties shall serve their responses and Rule 26 disclosures on or before July 12, 2019.(4) All parties shall serve their motion papers on the other parties on or before July 17, 2019.(5) All parties shall serve their oppositions on or before July 25, 2019.(6) All parties shall serve their replies, if any, on or before August 1, 2019.(7) The parties shall file their fully briefed motions via ECF on August 1, 2019. The parties are also respectfully directed to send two physical courtesy copies of their motion papers to chambers when the motions are fully briefed.The court will hold oral argument on the motions, if requested, on August 8, 2019 at 2:00 p.m. in Courtroom 6C South. Ordered by Judge Kiyo A. Matsumoto on 6/28/2019. (Spriggs, Steven)
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Minute Entry for proceedings held before Judge Kiyo A. Matsumoto: The court held a Pre-Motion Conference on 6/26/2019. The plaintiffs were represented by Remy Greene, Esq., and Jonathan Wallace, Esq. The defendants were represented by Daniel Furshpan, Esq. The parties discussed their anticipated motions, the state court action, and discovery. The court ordered the parties to file a letter on or before June 28, 2019 informing the court of their mutually agreed upon discovery schedule (subject to approval by Judge Bulsara); (2) their proposed briefing schedule for motions to stay, for abstention, and for summary judgment; and (3) the status of the state court proceedings. (Court Reporter Georgette Betts.) (Spriggs, Steven)
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Minute Entry for proceedings held before Magistrate Judge Sanket J. Bulsara: An in-person initial conference was held on 6/26/2019. Plaintiffs are directed to serve their discovery requests by 7/1/2019. Parties are directed to submit a proposed discovery schedule by 6/28/2019. So Ordered by Magistrate Judge Sanket J. Bulsara on 6/26/2019. (FTR Log #2:06-2:24.) (Murphy, Colleen) Modified on 6/27/2019 (Murphy, Colleen).
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| Filing 14 REPLY in Opposition re #13 Letter filed by All Plaintiffs. (Green, Remy) |
| Filing 13 Letter In Response to Plaintiff's Opposition (Docket #12) because Motion Event Unavailable by Anita S. Katz, Nick LaLota, Suffolk County Board of Elections (Furshpan, Daniel) |
| Filing 12 Letter Opposition to Docket 10, filed as Letter because Motion Event Unavailable by Elizabeth A. Bambrick, Bonnie Brady, Dell R. Cullum, Richard P. Drew, II, EH Fusion Party, David Gruber, Michael Havens, Simon V. Kinsella, Rona S. Klopman, Stephen M. Lester, Fallon Nigro, David Talmage, Susan M. Vorphal (Green, Remy) |
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ORDER granting #8 Motion for Pre-Motion Conference; granting #10 Motion for Pre-Motion Conference. The court will hold an in-person pre-motion conference on June 26, 2019 at 2:30 p.m. in Courtroom 6C South before Judge Kiyo A. Matsumoto, following the parties' initial conference with Judge Bulsara. Ordered by Judge Kiyo A. Matsumoto on 6/24/2019. (Spriggs, Steven)
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| Filing 11 RESPONSE in Opposition re #8 First MOTION for pre motion conference and case conference (Chambers Practices III[A]) filed by Anita S. Katz, Nick LaLota, Suffolk County Board of Elections. (Attachments: #1 Exhibit A) (Furshpan, Daniel) |
| Filing 10 Letter MOTION for pre motion conference for FRCP Rule 12(b) Motion to Dismiss by Anita S. Katz, Nick LaLota, Suffolk County Board of Elections. (Attachments: #1 Exhibit A) (Furshpan, Daniel) |
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Filing 9
SCHEDULING ORDER: An in-person initial conference will be held at 2:00 P.M. on 6/26/2019 before Magistrate Judge Bulsara in Courtroom 324N. All counsel must attend. Parties are not required to fill out the typical discovery worksheet in anticipation of the initial conference; the Court will set a schedule at the conference. So Ordered by Magistrate Judge Sanket J. Bulsara on 6/19/2019. (Manson, Eddie) Modified on 6/19/2019 (Murphy, Colleen).
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ORDER. The defendants are directed to file a response to the plaintiffs' #8 pre-motion conference letter by no later than 5:00 p.m. on June 21, 2019. Ordered by Judge Kiyo A. Matsumoto on 6/19/2019. (Spriggs, Steven)
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| Filing 8 First MOTION for pre motion conference and case conference (Chambers Practices III[A]) by Elizabeth A. Bambrick, Bonnie Brady, Dell R. Cullum, Richard P. Drew, II, EH Fusion Party, David Gruber, Michael Havens, Simon V. Kinsella, Rona S. Klopman, Stephen M. Lester, Fallon Nigro, David Talmage, Susan M. Vorphal. (Green, Remy) |
| Filing 7 SUMMONS Returned Executed by Fallon Nigro, Richard P. Drew, II, David Gruber, EH Fusion Party, Simon V. Kinsella, Dell R. Cullum, Bonnie Brady, Stephen M. Lester, Michael Havens, Susan M. Vorphal, Elizabeth A. Bambrick, David Talmage, Rona S. Klopman. All Defendants. (Green, Remy) |
| Filing 6 NOTICE of Appearance by Daniel E Furshpan on behalf of All Defendants (aty to be noticed) (Furshpan, Daniel) |
| Filing 5 Summons Issued as to All Defendants. (Attachments: #1 Summons Anita S. Katz, #2 Summons Nick LaLota) (Rodin, Deanna) |
| Filing 4 In accordance with Rule 73 of the Federal Rules of Civil Procedure and Local Rule 73.1, the parties are notified that if all parties consent a United States magistrate judge of this court is available to conduct all proceedings in this civil action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to the 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. The form may also be accessed at the following link: #http://www.uscourts.gov/uscourts/FormsAndFees/Forms/AO085.pdf. You may withhold your consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent. (Rodin, Deanna) |
| Filing 3 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (Bowens, Priscilla) (Additional attachment(s) added on 6/14/2019: #1 Additional Corrections) (Rodin, Deanna). |
| Case Assigned to Judge Kiyo A. Matsumoto and Magistrate Judge Sanket J. Bulsara. 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. (Rodin, Deanna) |
| Incorrect Document Entry Information. Defendant was added to the case incorrectly; docket entry 1 was deleted and re-entered against corrected defendant. (Rodin, Deanna) |
| Filing 1 COMPLAINT against Anita S. Katz, Nick LaLota, Suffolk County Board of Elections, Was the Disclosure Statement on Civil Cover Sheet completed -No, filed by Fallon Nigro, Richard P. Drew, II, David Gruber, EH Fusion Party, Simon V. Kinsella, Dell R. Cullum, Bonnie Brady, Stephen M. Lester, Michael Havens, Susan M. Vorphal, Elizabeth A. Bambrick, David Talmage, Rona S. Klopman. (Attachments: #1 Proposed Summons Board of Elections, #2 Proposed Summons Anita S. Katz, #3 Proposed Summons Nick LaLota) (Rodin, Deanna) Modified on 6/14/2019 (Rodin, Deanna). |
| FILING FEE: $400, receipt number BNYEDC-11574339 (Rodin, Deanna) |
| Filing 2 Civil Cover Sheet.. by Elizabeth A. Bambrick, Bonnie Brady, Dell R. Cullum, Richard P. Drew, II, EH Fusion Party, David Gruber, Michael Havens, Simon V. Kinsella, Rona S. Klopman, Stephen M. Lester, Fallon Nigro, David Talmage, Susan M. Vorphal (Green, Remy) |
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