Abulafia et al v. Richman et al
| Maria D. Kaufer, Jesse Laymon, Peter W. Beadle, Alison C. Abulafia and Rick Echevarria |
| Miguelina Camilo, Michael Michel, Steven Richman, Robert Siano, John Wm. Zaccone, Jose Miguel Araujo, Patricia Anne Taylor, Tiffany Townsend, Frederic M. Umane, The NYC Board of Elections, Sgt. Michael Ryan, Simon Shamoun, John Flateau, NYC Board of Elections and Michael Ryan |
| 1:2020cv03547 |
| May 6, 2020 |
| US District Court for the Southern District of New York |
| Katherine Polk Failla |
| Civil Rights: Voting |
| 42 U.S.C. § 1983 |
| None |
Docket Report
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This docket was last retrieved on May 20, 2020. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 11 NOTICE OF VOLUNTARY DISMISSAL pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, the plaintiff(s) and or their counsel(s), hereby give notice that the above-captioned action is voluntarily dismissed, without prejudice and without costs against the defendant(s) All Plaintiffs. Document filed by All Plaintiffs. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers)...(Schwartz, Arthur) |
Filing 10
ORDER denying #3 Motion for Preliminary Injunction; denying #3 Motion for TRO. For the reasons set forth in the oral opinion delivered by the Court this afternoon, Plaintiffs' application for a temporary restraining order is DENIED. Defendants' obligation to answer or otherwise respond to the Complaint is STAYED pending further order of the Court. SO ORDERED. (Signed by Judge Katherine Polk Failla on 5/8/2020) (rro)
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| Filing 9 LETTER RESPONSE in Opposition to Motion addressed to Judge Katherine Polk Failla from Stephen Kitzinger dated May 8, 2020 re: #3 EMERGENCY MOTION for Preliminary Injunction Restoring Candidates to the Ballot.EMERGENCY MOTION for Temporary Restraining Order Restraining Distribution of Ballots. . Document filed by NYC Board of Elections..(Kitzinger, Stephen) |
| Filing 8 NOTICE OF APPEARANCE by Stephen Edward Kitzinger on behalf of NYC Board of Elections..(Kitzinger, Stephen) |
| Filing 7 MEMORANDUM OF LAW in Support re: #3 EMERGENCY MOTION for Preliminary Injunction Restoring Candidates to the Ballot.EMERGENCY MOTION for Temporary Restraining Order Restraining Distribution of Ballots. . Document filed by Alison C. Abulafia, Peter W. Beadle, Rick Echevarria, Maria D. Kaufer, Jesse Laymon..(Schwartz, Arthur) |
| Minute Entry for proceedings held before Judge Katherine Polk Failla: Temporary Restraining Order Hearing held on 5/8/2020. Attorneys Arthur Schwartz and Laine Armstrong representing Plaintiffs present. Defendant Steven Richman present on behalf of himself and as representative from the General Counsel of the Board of Elections. Attorney Stephen Kitzinger representing NYC Board of Elections present. Plaintiffs' application for a temporary restraining order is DENIED. Defendants' time to answer or otherwise respond to the Complaint isSTAYED. Plaintiffs are to inform the Court if they do not move forward in appealing this Court's ruling. (Court Reporter Lisa Franko) (tn) |
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Filing 6
SCHEDULING ORDER: On May 6, 2020, Plaintiffs initiated this action with the filing of a Complaint against Defendants. (Dkt. #1). On May 7, 2020, Plaintiffs filed an emergency motion for a temporary restraining order ("TRO"). (Dkt. #4). In consequence, the Court ORDERS the parties to appear for a telephonic hearing on May 8, 2020, at 12:00 p.m., at which time the Court will hear oral argument on Plaintiffs' motion. While the Court would prefer some form of written response from Defendants prior to the hearing, it recognizes that this may be impracticable, in which case the Court will accept an oral response from Defendants at the hearing. The dial-in information for the hearing is as follows: At 12:00 p.m. the parties shall call (888) 363-4749 and enter access code 5123533. Please note, the conference will not be available prior to 12:00 p.m. Given that Defendants have not yet been served or appeared in this action, the Court ORDERS Plaintiffs to serve a copy of this Order on Defendants by 5:00 p.m. on May 7, 2020. (Telephone Conference set for 5/8/2020 at 12:00 PM before Judge Katherine Polk Failla.) (Signed by Judge Katherine Polk Failla on 5/7/2020) (rro)
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| Filing 5 AFFIRMATION of Arthur Z. Schwartz in Support re: #3 EMERGENCY MOTION for Preliminary Injunction Restoring Candidates to the Ballot.EMERGENCY MOTION for Temporary Restraining Order Restraining Distribution of Ballots.. Document filed by Alison C. Abulafia, Peter W. Beadle, Rick Echevarria, Maria D. Kaufer, Jesse Laymon. (Attachments: #1 Appendix Appendix A - District Court Decision in Farrell v Board of Elections, #2 Appendix Appendix B - District Court Decision - Yang v Kellner).(Schwartz, Arthur) |
| Filing 4 PROPOSED ORDER TO SHOW CAUSE WITH EMERGENCY RELIEF. Document filed by Alison C. Abulafia, Peter W. Beadle, Rick Echevarria, Maria D. Kaufer, Jesse Laymon..(Schwartz, Arthur) Proposed Order to Show Cause to be reviewed by Clerk's Office staff. |
| Filing 3 EMERGENCY MOTION for Preliminary Injunction Restoring Candidates to the Ballot., EMERGENCY MOTION for Temporary Restraining Order Restraining Distribution of Ballots.( Return Date set for 5/7/2020 at 01:00 PM.) Document filed by Alison C. Abulafia, Peter W. Beadle, Rick Echevarria, Maria D. Kaufer, Jesse Laymon. (Attachments: #1 Affidavit Declaration in Support of OSC for TRO & Preliminary Injunction).(Schwartz, Arthur) |
| Case Designated ECF. (pc) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Katherine Polk Failla. Please download and review the Individual Practices of the assigned District Judge, located at #https://nysd.uscourts.gov/judges/district-judges. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at #https://nysd.uscourts.gov/rules/ecf-related-instructions..(pc) |
| ***NOTICE TO COURT REGARDING PROPOSED TEMPORARY RESTRAINING ORDER. Document No. #4 Proposed Order to Show Cause With Emergency Relief was reviewed and approved as to form. (km) |
| Magistrate Judge Katharine H. Parker is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: #https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (pc) |
| Filing 2 CIVIL COVER SHEET filed..(Schwartz, Arthur) |
| Filing 1 COMPLAINT against Jose Miguel Araujo, Miguelina Camilo, John Flateau, Michael Michel, Steven Richman, Michael Ryan, Simon Shamoun, Robert Siano, Patricia Anne Taylor, The NYC Board of Elections, Tiffany Townsend, Frederic M. Umane, John Wm. Zaccone. (Filing Fee $ 400.00, Receipt Number ANYSDC-19731990)Document filed by Peter W. Beadle, Alison C. Abulafia, Jesse Laymon, Maria D. Kaufer, Rick Echevarria. (Attachments: #1 Exhibit A - Abulafia Cover Sheet, #2 Exhibit B - Abulafia Undated Cure Letter, #3 Exhibit C - Abulafia Ameded Cover Sheet, #4 Exhibit D - Laymon Cover Sheet, #5 Exhibit E - Laymon 4-3-20 Cure Letter, #6 Exhibit F - Laymon Amended Cover Sheet, #7 Exhibit G - Kaufer Designating Petition, #8 Exhibit H - Kaufer Jud. Del. Cover Sheet, #9 Exhibit I - 4-9-20 BOE Ledger Pages Excerpt, #10 Exhibit J - Kaufer Amended Cover Sheet, #11 Exhibit K - Abulafia & Beadle Late Cure Letter, #12 Exhibit L - Laymon Late Cure Letter, #13 Exhibit M - Clerk's Report, #14 Exhibit N - Echevarria Affidavit, #15 Exhibit O - 1st Amended Cover Sheet, #16 Exhibit P - 2nd Amended Cover Sheet, #17 Exhibit Q - Echevarria v. BOE. Opinion, #18 Exhibit R - Abulafia OSC).(Schwartz, Arthur) |
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