Common Cause/New York v. Brehm et al
Plaintiff: Common Cause/New York,
Defendant: Robert A. Brehm, Todd D. Valentine, Peter S. Kosinski, Douglas A. Kellner, Andrew J. Spano and Gregory P. Peterson
Case Number: 1:2017cv06770
Filed: September 6, 2017
Court: US District Court for the Southern District of New York
Office: Foley Square Office
Presiding Judge: Alison J. Nathan
Nature of Suit: Voting
Cause of Action: 28:1331
Jury Demanded By: None

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Date Filed Document Text
January 13, 2020 Opinion or Order Filing 186 CLERK'S JUDGMENT re: 185 Findings of Fact & Conclusions of Law in favor of Andrew J. Spano, Douglas A. Kellner, Gregory P. Peterson, Peter S. Kosinski, Robert A. Brehm, Todd D. Valentine against Common Cause/New York. It is hereby ORDERE D, ADJUDGED AND DECREED: That for the reasons stated in the Court's Findings of Fact and Conclusions of Law dated January 10, 2020, the Court concludes that New York's refusal to provide inactive lists at polling locations violates the Equal Protection Clause. The State is therefore ordered to provide the names of inactive voters registered to vote in a particular election district to the poll workers of that election district. The Court further concludes that the State's a ffidavit-ballot process does not violate the Fourteenth Amendment. And the Court identifies three discrete voters as to whom the State violated the National Voter Registration Act. In its Amended Complaint, Common Cause requested the award of &quo t;the costs and disbursements incurred in connection with this action, including, without limitation, their reasonable attorneys' fees, expenses, and costs." If Common Cause continues to seek this award, it is ordered to detail its expen ses and submit letter briefing justifying its request no later than three weeks from the date of the Order. The State may submit its briefing regarding Common Cause's request no later than three weeks after that. Common Cause may then submit a reply no later than one week after that. The Court retains jurisdiction to monitor the State's compliance with the terms of the Order. (Signed by Clerk of Court Ruby Krajick on 1/13/2020) (Attachments: # 1 Right to Appeal)(km)
January 10, 2020 Opinion or Order Filing 185 FINDINGS OF FACT AND CONCLUSIONS OF LAW: The Court concludes that New York's refusal to provide inactive lists at polling locations violates the Equal Protection Clause. The State is therefore ordered to provide the names of inactive voters r egistered to vote in a particular election district to the poll workers of that election district. The Court further concludes that the State's affidavit-ballot process does not violate the Fourteenth Amendment. And the Court identifies three discrete voters as to whom the State violated the National Voter Registration Act. In its Amended Complaint, Common Cause requested the award of "the costs and disbursements incurred in connection with this action, including, without limitat ion, their reasonable attorneys' fees, expenses, and costs." Dkt. No. 72 at 18. If Common Cause continues to seek this award, it is ordered to detail its expenses and submit letter briefing justifying its request no later than three weeks from the date of this Order. The State may submit its briefing regarding Common Cause's request no later than three weeks after that. Common Cause may then submit a reply no later than one week after that. The Court retains jurisdiction to m onitor the State's compliance with the terms of this Order. The Clerk of Court is respectfully ordered to enter judgment. This also resolves Dkt. No. 144. SO ORDERED. (Signed by Judge Alison J. Nathan on 1/10/2020) (jca) Transmission to Orders and Judgments Clerk for processing.
September 30, 2018 Opinion or Order Filing 58 OPINION & ORDER re: 53 LETTER MOTION for Oral Argument addressed to Judge Alison J. Nathan from Nicholas R. Cartagena dated January 12, 2018. filed by Robert A. Brehm, Gregory P. Peterson, Andrew J. Spano, Douglas A. Kellner, Peter S . Kosinski, Todd D. Valentine, 47 LETTER MOTION for Oral Argument addressed to Judge Alison J. Nathan from Neil A. Steiner dated December 22, 2017. filed by Common Cause/New York, 36 FIRST MOTION to Dismiss . filed by Rob ert A. Brehm, Gregory P. Peterson, Andrew J. Spano, Douglas A. Kellner, Peter S. Kosinski, Todd D. Valentine. Defendants' motion to dismiss is GRANTED in part and DENIED in part. An initial pretrial conference will be scheduled in a separate order. This resolves Docket Numbers 36, 47, and 53. SO ORDERED. (Signed by Judge Alison J. Nathan on 9/30/18) (yv)
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Plaintiff: Common Cause/New York,
Represented By: Joanna Elise Cuevas Ingram
Represented By: John Powers
Represented By: Ezra D. Rosenberg
Represented By: Neil A. Steiner
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Defendant: Robert A. Brehm
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Defendant: Todd D. Valentine
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Defendant: Peter S. Kosinski
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Defendant: Douglas A. Kellner
Represented By: Douglas A. Kellner
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Defendant: Andrew J. Spano
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Defendant: Gregory P. Peterson
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