Gallagher et. al. v. New York State Board of Elections et. al.
Plaintiff: Miriam Lazewatsky, Christian O'Toole, Katherine Stabile, Maria Barva, Tess Harkin, McNamee C. James, Antonio Pontex-Nunez, Samantha Pinsky, Emily Gallagher, Myles Peterson, Caitlin Phung, Seabright Aaron, Jillian Santella, Kristin Sage Rockerman, Suraj Patel, James C. McNamee, Antonio Ponton-Nunez and Aaron Seabright
Defendant: Robert A. Brehm, Peter S. Kosinski, Douglas Kellner, New York State Board of Elections, Todd D. Valentine, Andrew Cuomo, Andrew Spano, Patricia Anne Taylor, New York City Board Of Elections and Michael J. Ryan
Intervenor Plaintiff: Maria D. Kaufer and Ethan Felder
Interested Party: United States Postal Service
Case Number: 1:2020cv05504
Filed: July 17, 2020
Court: US District Court for the Southern District of New York
Presiding Judge: Analisa Torres
Nature of Suit: Civil Rights: Voting
Cause of Action: 42:1983
Jury Demanded By: None
Docket Report

This docket was last retrieved on September 17, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
September 14, 2020 ADD PARTY FOR PLEADING. Defendants/Respondents Robert A. Brehm, Andrew Cuomo, Douglas Kellner, Peter S. Kosinski, New York State Board of Elections, Andrew Spano, Todd D. Valentine, Todd D. Valentine, Robert A. Brehm added. Party added pursuant to #109 Amended Complaint,,.Document filed by Kristin Sage Rockerman, Suraj Patel, Emily Gallagher, Caitlin Phung, Myles Peterson, Samantha Pinsky, Tess Harkin, James C. McNamee, Antonio Ponton-Nunez, Katherine Stabile, Miriam Lazewatsky, Christian O'Toole, Maria Barva, Jillian Santella, Aaron Seabright. Related document: #109 Amended Complaint,,..(Green, Remy)
September 14, 2020 ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Remy Green re: Document No. #109 Amended Complaint. The filing is deficient for the following reason(s): all of the parties listed on the pleading were not entered on CM ECF; Todd D. Valentine and Robert A. Brehm must be added again with party new text (individually and in their official capacities as Co-Executive Directors of the New York State Board of Elections). Docket the event type Add Party to Pleading found under the event list Complaints and Other Initiating Documents. (sj)
September 11, 2020 Filing 109 FIRST AMENDED COMPLAINT amending #1 Complaint,, against Robert A. Brehm, Andrew Cuomo, Douglas Kellner, Peter S. Kosinski, New York State Board of Elections, Andrew Spano, Todd D. Valentine.Document filed by Kristin Sage Rockerman, Suraj Patel, Emily Gallagher, Caitlin Phung, Myles Peterson, Samantha Pinsky, Tess Harkin, James C. McNamee, Katherine Stabile, Miriam Lazewatsky, Christian O'Toole, Maria Barva, Jillian Santella, Aaron Seabright, Antonio Ponton-Nunez. Related document: #1 Complaint,,. (Attachments: #1 Exhibit Ex 1 - Stabile Ballot, #2 Exhibit Ex 2 - BOE Tweets, #3 Exhibit Ex 3 - Kellner Declaration and NYS BOE Letter to USPS, #4 Exhibit Ex 4 - Memo from Kellner to NYC BOE).(Green, Remy)
September 10, 2020 Opinion or Order Filing 108 ORDER denying #101 Letter Motion for Local Rule 37.2 Conference. The Court has reviewed the parties' letters at ECF Nos. 101, 106, 107. Plaintiff Intervenors' requests for a pre-motion conference and an order directing the City Defendants to produce uncounted envelopes are DENIED. SO ORDERED. (Signed by Judge Analisa Torres on 9/10/2020) (kv)
September 9, 2020 Filing 107 SECOND LETTER addressed to Judge Analisa Torres from Arthur Z. Schwartz dated September 9, 2020 re: Requesting Pre-Motion Conference. Document filed by Ethan Felder, Maria D. Kaufer..(Schwartz, Arthur)
September 8, 2020 Filing 106 LETTER RESPONSE in Opposition to Motion addressed to Judge Analisa Torres from Stephen Kitzinger dated September 8, 2020 re: #101 LETTER MOTION for Local Rule 37.2 Conference Re. Refusal To Produce Documents addressed to Judge Analisa Torres from Arthur Z. Schwartz dated August 28, 2020. . Document filed by New York City Board of Elections, Michael J. Ryan(individually), Patricia Anne Taylor(individually)..(Kitzinger, Stephen)
September 8, 2020 Set/Reset Deadlines: Motions due by 9/18/2020. Responses due by 10/2/2020 Replies due by 10/9/2020. (kv)
September 8, 2020 Opinion or Order Filing 105 ORDER terminating #100 Letter Motion for Conference. The Court having reviewed the pre-motion letters filed by Plaintiffs and the State Defendants, ECF Nos. 100, 103, it is ORDERED that: 1. By September 18, 2020, Plaintiffs shall file their motion to expand the preliminary injunction; 2. By October 2, 2020, the State Defendants shall file their opposition; 3. By October 9, 2020, Plaintiffs shall file their reply, if any. It is further ORDERED that, in addition to the issues raised in their pre-motion letters, the parties shall address Plaintiffs' standing to pursue the relief sought. See Clapper v. Amnesty Int'l USA, 568 U.S. 398, 409 (2013) ("To establish Article III standing, an injury must be concrete, particularized, and actual or imminent; fairly traceable to the challenged action; andredressable by a favorable ruling.... [W]e have repeatedly reiterated that threatened injury must be certainly impending to constitute injury in fact, and that allegations of possible future injury are not sufficient." (internal quotation marks, citations, and alterations omitted) (emphasis in original)); Cent. States Se. & Sw. Areas Health & Welfare Fund v. Merck-Medco Managed Care, L.L.C., 433 F.3d 181, 198 (2d Cir. 2005) ("If plaintiffs lack Article III standing, a court has no subject matter jurisdiction to hear their claim. Because the standing issue goes to this Court's subject matter jurisdiction, it can be raised sua sponte."). The Clerk of Court is directed to terminate the motion at ECF No. 100. SO ORDERED. (Signed by Judge Analisa Torres on 9/8/2020) (kv)
September 4, 2020 Filing 104 LETTER addressed to Judge Analisa Torres from Remy Green dated 09-04-2020 re: Subsequent Factual Development in Gallagher et al. v. New York State Board of Elections et al., 20-cv-5504. Document filed by Maria Barva, Emily Gallagher, Tess Harkin, Miriam Lazewatsky, James C. McNamee, Christian O'Toole, Suraj Patel, Myles Peterson, Caitlin Phung, Samantha Pinsky, Antonio Pontex-Nunez, Kristin Sage Rockerman, Jillian Santella, Aaron Seabright, Katherine Stabile..(Green, Remy)
September 4, 2020 Filing 103 LETTER RESPONSE in Opposition to Motion addressed to Judge Analisa Torres from Owen T. Conroy dated September 4, 2020 re: #100 LETTER MOTION for Conference /Pre-Motion Letter Under Individual Practice III(A) addressed to Judge Analisa Torres from Remy Green dated 08/28/2020. . Document filed by Robert A. Brehm, Andrew Cuomo, Douglas Kellner, Peter S. Kosinski, New York State Board of Elections, Andrew Spano, Todd D. Valentine..(Conroy, Owen)
September 1, 2020 Set/Reset Deadlines: Responses due by 9/8/2020 (kv)
September 1, 2020 Opinion or Order Filing 102 ORDER with respect to #101 Letter Motion for Local Rule 37.2 Conference. It is ORDERED that by September 8, 2020, the City Defendants shall file a response to Plaintiff-Intervenors' letter dated August 29, 2020, ECF No. 101. SO ORDERED. (Signed by Judge Analisa Torres on 9/1/2020) (kv)
August 29, 2020 Filing 101 LETTER MOTION for Local Rule 37.2 Conference Re. Refusal To Produce Documents addressed to Judge Analisa Torres from Arthur Z. Schwartz dated August 28, 2020. Document filed by Ethan Felder, Maria D. Kaufer. (Attachments: #1 Exhibit Ex. A. - 8-13-20 Letter to Stephen Kitzinger, #2 Exhibit Ex. B - Stephen Kitzinger Reply Email).(Schwartz, Arthur)
August 28, 2020 Filing 100 LETTER MOTION for Conference /Pre-Motion Letter Under Individual Practice III(A) addressed to Judge Analisa Torres from Remy Green dated 08/28/2020. Document filed by Maria Barva, Emily Gallagher, Tess Harkin, Miriam Lazewatsky, James C. McNamee, Christian O'Toole, Suraj Patel, Myles Peterson, Caitlin Phung, Samantha Pinsky, Antonio Pontex-Nunez, Kristin Sage Rockerman, Jillian Santella, Aaron Seabright, Katherine Stabile. (Attachments: #1 Exhibit Exhibit 1 - PMG Briefing, #2 Exhibit Exhibit 2 - Kellner Memo to City Board).(Green, Remy)
August 17, 2020 Set/Reset Deadlines: New York City Board Of Elections answer due 9/14/2020; Michael J. Ryan answer due 9/14/2020; Patricia Anne Taylor answer due 9/14/2020. (kv)
August 17, 2020 Opinion or Order Filing 99 ORDER granting #98 Letter Motion for Extension of Time. GRANTED. By September 14, 2020, the City Defendants shall answer or otherwise respond to Plaintiff-Intervenor's complaint. SO ORDERED. (Signed by Judge Analisa Torres on 8/17/2020) (kv)
August 17, 2020 Filing 98 LETTER MOTION for Extension of Time to respond to the complaint in intervention addressed to Judge Analisa Torres from Stephen Kitzinger dated August 17, 2020. Document filed by New York City Board Of Elections, Michael J. Ryan, Patricia Anne Taylor..(Kitzinger, Stephen)
August 7, 2020 Opinion or Order Filing 97 ORDER denying #94 EMERGENCY LETTER MOTION to Compel Peter Kosinski to Attend a Meeting of the State Board to Implement the Court's Order and for Contempt. DENIED. SO ORDERED. (Signed by Judge Analisa Torres on 8/7/2020) (jca)
August 6, 2020 Filing 96 LETTER RESPONSE in Opposition to Motion addressed to Judge Analisa Torres from Owen T. Conroy dated August 6, 2020 re: #94 EMERGENCY LETTER MOTION to Compel Peter Kosinski to Attend a Meeting of the State Board to Implement the Court's Order and for Contempt addressed to Judge Analisa Torres from Remy Green dated 8/6/2020. . Document filed by Robert A. Brehm, Andrew Cuomo, Douglas Kellner, Peter S. Kosinski, New York State Board of Elections, Andrew Spano, Todd D. Valentine. (Attachments: #1 Exhibit Email Chain Between Counsel, #2 Exhibit State Board Directions to Local Boards).(Conroy, Owen)
August 6, 2020 Opinion or Order Filing 95 ORDER: On August 6, 2020, Plaintiffs filed a motion seeking an order enforcing the preliminary injunction entered on August 3, 2020. ECF No. 94. It is ORDERED that by August 7, 2020, the State Defendants shall file a response to Plaintiffs' motion. (HEREBY ORDERED by Judge Analisa Torres) (Text Only Order) (ah)
August 6, 2020 Filing 94 EMERGENCY LETTER MOTION to Compel Peter Kosinski to Attend a Meeting of the State Board to Implement the Court's Order and for Contempt addressed to Judge Analisa Torres from Remy Green dated 8/6/2020. Document filed by Maria Barva, Emily Gallagher, Tess Harkin, Miriam Lazewatsky, James C. McNamee, Christian O'Toole, Suraj Patel, Myles Peterson, Caitlin Phung, Samantha Pinsky, Antonio Pontex-Nunez, Kristin Sage Rockerman, Jillian Santella, Aaron Seabright, Katherine Stabile..(Green, Remy)
August 6, 2020 Opinion or Order Filing 93 ORDER granting #92 Letter Motion for Extension of Time to Answer re #40 Intervenor Complaint, #1 Complaint. GRANTED. By September 14, 2020, the State Defendants shall answer or otherwise respond to the complaints. SO ORDERED. Robert A. Brehm answer due 9/14/2020; Andrew Cuomo answer due 9/14/2020; Douglas Kellner answer due 9/14/2020; Peter S. Kosinski answer due 9/14/2020; New York State Board of Elections answer due 9/14/2020; Andrew Spano answer due 9/14/2020; Todd D. Valentine answer due 9/14/2020. (Signed by Judge Analisa Torres on 8/6/2020) (kv)
August 5, 2020 Filing 92 LETTER MOTION for Extension of Time to File Answer re: #40 Intervenor Complaint, #1 Complaint,, addressed to Judge Analisa Torres from Owen T. Conroy dated August 5, 2020. Document filed by Robert A. Brehm, Andrew Cuomo, Douglas Kellner, Peter S. Kosinski, New York State Board of Elections, Andrew Spano, Todd D. Valentine..(Conroy, Owen)
August 3, 2020 Opinion or Order Filing 91 OPINION AND ORDER. For the reasons stated in this opinion, the preliminary injunction is GRANTED as follows: the Commissioners of the NYSBOE are ORDERED to direct all local boards of elections to count all otherwise valid absentee ballots cast in the June 23 Primary which were (1) received by June 24, 2020, without regard to whether such ballots are postmarked by June 23, 2020 and (2) received by June 25, 2020, so long as such ballots are not postmarked later than June 23, 2020. The Clerk of Court is directed to terminate the motions at ECF Nos. 3, 21, and 63. SO ORDERED. re: #21 MOTION Clarify Order Regarding Service of Process re: #6 Order on Motion to Expedite filed by Antonio Pontex-Nunez, Caitlin Phung, Kristin Sage Rockerman, Jillian Santella, Samantha Pinsky, James C. McNamee, Emily Gallagher, Maria Barva, Suraj Patel, Christian O'Toole, Tess Harkin, Miriam Lazewatsky, Aaron Seabright, Katherine Stabile, Myles Peterson. #63 MOTION in Limine for Judicial Notice of Certain Facts filed by Antonio Pontex-Nunez, Caitlin Phung, Kristin Sage Rockerman, Jillian Santella, Samantha Pinsky, James C. McNamee, Emily Gallagher, Maria Barva, Suraj Patel, Christian O'Toole, Tess Harkin, Miriam Lazewatsky, Aaron Seabright, Myles Peterson, Katherine Stabile. #3 MOTION for Preliminary Injunction filed by Antonio Pontex-Nunez, Caitlin Phung, Kristin Sage Rockerman, Jillian Santella, Samantha Pinsky, James C. McNamee, Emily Gallagher, Maria Barva, Suraj Patel, Christian O'Toole, Tess Harkin, Miriam Lazewatsky, Aaron Seabright, Myles Peterson, Katherine Stabile. (Signed by Judge Analisa Torres on 8/3/2020) (rjm)
August 3, 2020 Opinion or Order Filing 90 ORDER: Plaintiffs' and Plaintiiff-Intervenors' motions for a preliminary injunction are GRANTED as follows: the Commissioners of the NYSBOE are ORDERED to direct all local boards of elections to count all otherwise valid absentee ballots cast in the June 23 Primary which were (1) received by June 24, 2020, without regard to whether such ballots are postmarked by June 23, 2020, and (2) received by June 25, 2020, so long as such ballots are not postmarked later than June 23, 2020. An opinion and order has been made publicly available on the Southern District of New York's page for Rulings of Special Interest, https://www.nysd.uscourts.gov/cases/rulings-of-special-interest, and will appear on the docket in due course. (HEREBY ORDERED by Judge Analisa Torres) (Text Only Order) (ah)
August 3, 2020 Filing 89 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a HEARING proceeding held on 7/30/2020 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days....(McGuirk, Kelly)
August 3, 2020 Filing 88 TRANSCRIPT of Proceedings re: HEARING held on 7/30/2020 before Judge Analisa Torres. Court Reporter/Transcriber: Alena Lynch, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 8/24/2020. Redacted Transcript Deadline set for 9/3/2020. Release of Transcript Restriction set for 11/2/2020..(McGuirk, Kelly)
August 3, 2020 Filing 87 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a HEARING proceeding held on 7/29/2020 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days....(McGuirk, Kelly)
August 3, 2020 Filing 86 TRANSCRIPT of Proceedings re: HEARING held on 7/29/2020 before Judge Analisa Torres. Court Reporter/Transcriber: Alena Lynch, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 8/24/2020. Redacted Transcript Deadline set for 9/3/2020. Release of Transcript Restriction set for 11/2/2020..(McGuirk, Kelly)
August 2, 2020 Filing 85 AFFIDAVIT OF SERVICE of Summons and Intervenor Complaint,. New York City Board Of Elections served on 7/29/2020, answer due 8/19/2020. Document filed by Ethan Felder; Maria D. Kaufer..(Schwartz, Arthur)
July 30, 2020 Minute Entry for proceedings held before Judge Analisa Torres: Evidentiary Hearing completed on 7/30/2020. (JT)
July 29, 2020 Filing 84 LETTER addressed to Judge Analisa Torres from Ilan Stein dated 7/29/2020 re: Postal Service witnesses. Document filed by United States Postal Service..(Stein, Ilan)
July 29, 2020 Minute Entry for proceedings held before Judge Analisa Torres: Evidentiary Hearing began on 7/29/2020. Evidentiary hearing to continue on 7/30/2020. (JT)
July 29, 2020 Filing 83 NOTICE OF APPEARANCE by Roderick Leopold Arz on behalf of Robert A. Brehm, Andrew Cuomo, Douglas Kellner, Peter S. Kosinski, New York State Board of Elections, Andrew Spano, Todd D. Valentine..(Arz, Roderick)
July 28, 2020 Opinion or Order Filing 82 ORDER granting #80 Letter Motion for Extension of Time. GRANTED. After the conclusion of proceedings on July 29, 2020, the hearing shall continue on July 30, 2020, at 9:30 a.m., at which the time the United States Postal Service shall produce a witness who will offer detailed and thorough answers to the questions posed by the Court in its order dated July 26, 2020, ECF No. 48. See also ECF No. 78. Parties and witnesses shall access the hearing via the videoconference link already provided. The public may access audio of the proceeding by dialing (888) 398-2342 or (215) 861-0674 and entering access code 5598827. SO ORDERED. (Signed by Judge Analisa Torres on 7/28/2020) (kv)
July 28, 2020 Filing 81 MEMORANDUM OF LAW in Opposition re: #63 MOTION in Limine for Judicial Notice of Certain Facts. . Document filed by Robert A. Brehm, Andrew Cuomo, Douglas Kellner, Peter S. Kosinski, New York State Board of Elections, Andrew Spano, Todd D. Valentine..(Conroy, Owen)
July 28, 2020 Filing 80 LETTER MOTION for Extension of Time addressed to Judge Analisa Torres from Ilan Stein dated 7/28/2020. Document filed by United States Postal Service..(Stein, Ilan)
July 28, 2020 Opinion or Order Filing 79 ORDER: The request for the Court to accept the declarations of Robert A. Brehm in lieu of direct testimony, ECF No. 65, is GRANTED. Further, it is ORDERED that for any witness who has provided a declaration, the parties may rely on the witness's declarations in lieu of direct testimony. (HEREBY ORDERED by Judge Analisa Torres) (Text Only Order) (ah)
July 28, 2020 Opinion or Order Filing 78 ORDER: Plaintiffs' motion to compel the testimony of a representative of the United States Postal Service ("USPS") at the hearing scheduled for July 29, 2020, ECF No. 71, is GRANTED. It is ORDERED that USPS shall make available to testify at the hearing a knowledgeable witness capable of responding to the parties' and the Court's questions, the subject matter of which is described in the Court's order at ECF No. 48. It is further ORDERED that Plaintiffs shall immediately provide a copy of this order to USPS. SO ORDERED. (Signed by Judge Analisa Torres on 7/28/2020) (jca)
July 28, 2020 Opinion or Order Filing 77 ORDER granting #71 LETTER MOTION to Compel Michael Ryan; Postmaster Marcelina DelPizzo, or another, adequately knowledgeable representative to Appear and Testify at Hearing. Plaintiffs motion to compel the testimony of Michael J. Ryan, Executive Director of the New York City Board of Elections, ECF No. 71, is GRANTED as follows: It is ORDERED that Ryan shall appear to testify at the hearing scheduled on July 29, 2020, after the conclusion of any medical appointment, unless he provides to the Court, for in camera review, the written medical opinion of his treating physician that he will not be capable of testifying on that date. If Ryan is unable to testify on July 29, 2020, it is ORDERED that he shall appear to testify on July 30, 2020, at a time to be set by further order. The Clerk of Court is directed to terminate the motion at ECF No. 71. SO ORDERED. (Signed by Judge Analisa Torres on 7/28/2020) (jca)
July 28, 2020 Filing 76 Exhibit List for Intervenors with Copy of Exhibit. Document filed by Ethan Felder, Maria D. Kaufer. (Attachments: #1 Exhibit Intervenor's Exhibit a).(Schwartz, Arthur)
July 28, 2020 Filing 75 LETTER RESPONSE to Motion addressed to Judge Analisa Torres from Stephen Kitzinger dated July 28, 2020 re: #71 LETTER MOTION to Compel Michael Ryan; Postmaster Marcelina DelPizzo, or another, adequately knowledgeable representative to Appear and Testify at Hearing addressed to Judge Analisa Torres from Remy Green dated 7-28-2020. . Document filed by New York City Board of Elections, Michael J. Ryan(individually), Patricia Anne Taylor(President of the New York Baord of Elections)..(Kitzinger, Stephen)
July 28, 2020 ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Arthur Z Schwartz to RE-FILE Document No. #56 Request for Issuance of Summons,. The filing is deficient for the following reason(s): party name on the 'as to' docket entry text must match exactly as it appears on the pleading caption;. Re-file the document using the event type Request for Issuance of Amended Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (jgo)
July 28, 2020 Filing 74 ELECTRONIC SUMMONS ISSUED as to Patricia Anne Taylor..(jgo)
July 28, 2020 Filing 73 ELECTRONIC SUMMONS ISSUED as to Patricia Anne Taylor..(jgo)
July 28, 2020 Filing 72 ELECTRONIC SUMMONS ISSUED as to New York City Board Of Elections..(jgo)
July 28, 2020 Filing 71 LETTER MOTION to Compel Michael Ryan; Postmaster Marcelina DelPizzo, or another, adequately knowledgeable representative to Appear and Testify at Hearing addressed to Judge Analisa Torres from Remy Green dated 7-28-2020. Document filed by Maria Barva, Emily Gallagher, Tess Harkin, Miriam Lazewatsky, James C. McNamee, Christian O'Toole, Suraj Patel, Myles Peterson, Caitlin Phung, Samantha Pinsky, Antonio Pontex-Nunez, Kristin Sage Rockerman, Jillian Santella, Aaron Seabright, Katherine Stabile..(Green, Remy)
July 28, 2020 Filing 70 WITNESS LIST. Document filed by New York City Board of Elections, Michael J. Ryan(individually), Patricia Anne Taylor(President of the New York Baord of Elections)..(Kitzinger, Stephen)
July 28, 2020 Filing 69 LETTER addressed to Judge Analisa Torres from Remy Green dated 07-28-2020 re: ECF No. 66. Document filed by Maria Barva, Emily Gallagher, Tess Harkin, Miriam Lazewatsky, James C. McNamee, Christian O'Toole, Suraj Patel, Myles Peterson, Caitlin Phung, Samantha Pinsky, Antonio Pontex-Nunez, Kristin Sage Rockerman, Jillian Santella, Aaron Seabright, Katherine Stabile..(Green, Remy)
July 28, 2020 Filing 68 Exhibit List with exhibits. Document filed by New York City Board of Elections, Michael J. Ryan(individually), Patricia Anne Taylor(President of the New York Baord of Elections). (Attachments: #1 Exhibit Email, #2 Exhibit Email, #3 Exhibit Email, #4 Exhibit Email, #5 Exhibit Email, #6 Exhibit Email, #7 Exhibit Email, #8 Exhibit Email, #9 Exhibit Summary Chart, #10 Exhibit Summary Chart).(Kitzinger, Stephen)
July 28, 2020 Filing 67 DECLARATION of Robert A. Brehm in Opposition re: #3 MOTION for Preliminary Injunction .. Document filed by Robert A. Brehm, Andrew Cuomo, Douglas Kellner, Peter S. Kosinski, New York State Board of Elections, Andrew Spano, Todd D. Valentine. (Attachments: #1 Exhibit USPS Email, #2 Exhibit USPS Email, #3 Exhibit State Board Email, #4 Exhibit USPS Letter, #5 Exhibit USPS Email, #6 Exhibit USPS Email, #7 Exhibit Unofficial Early Voter Count, #8 Exhibit Preliminary Absentee Voter Data, #9 Exhibit Exemplars of local board certifications).(Conroy, Owen)
July 28, 2020 Filing 66 LETTER addressed to Judge Analisa Torres from Owen T. Conroy dated July 28, 2020 re: State Defendants' Objections to Plaintiffs' Exhibits. Document filed by Robert A. Brehm, Andrew Cuomo, Douglas Kellner, Peter S. Kosinski, New York State Board of Elections, Andrew Spano, Todd D. Valentine. (Attachments: #1 Exhibit State Defendants' Objections).(Conroy, Owen)
July 28, 2020 Filing 65 WITNESS LIST. Document filed by Robert A. Brehm, Andrew Cuomo, Douglas Kellner, Peter S. Kosinski, New York State Board of Elections, Andrew Spano, Todd D. Valentine..(Conroy, Owen)
July 28, 2020 Filing 64 Exhibit List . Document filed by Robert A. Brehm, Andrew Cuomo, Douglas Kellner, Peter S. Kosinski, New York State Board of Elections, Andrew Spano, Todd D. Valentine. (Attachments: #1 Exhibit Gallagher Order to Show Cause, #2 Exhibit Patel Order to Show Cause, #3 Exhibit USPS Postmarking Guidelines, #4 Exhibit USPS Email, #5 Exhibit USPS Email, #6 Exhibit State Board Email, #7 Exhibit USPS Letter, #8 Exhibit USPS Email, #9 Exhibit USPS Email, #10 Exhibit Unofficial Early Voter Count, #11 Exhibit Preliminary Absentee Voter Data, #12 Exhibit Exemplars of local board certifications).(Conroy, Owen)
July 28, 2020 Filing 63 MOTION in Limine for Judicial Notice of Certain Facts. Document filed by Maria Barva, Emily Gallagher, Tess Harkin, Miriam Lazewatsky, James C. McNamee, Christian O'Toole, Suraj Patel, Myles Peterson, Caitlin Phung, Samantha Pinsky, Antonio Pontex-Nunez, Kristin Sage Rockerman, Jillian Santella, Aaron Seabright, Katherine Stabile. Return Date set for 7/29/2020 at 09:30 AM..(Green, Remy)
July 28, 2020 Filing 62 TRIAL BRIEF and Submission providing Witness List, Exhibit List, and Written Answers to the Court's "Additional Questions". Document filed by Maria Barva, Emily Gallagher, Tess Harkin, Miriam Lazewatsky, James C. McNamee, Christian O'Toole, Suraj Patel, Myles Peterson, Caitlin Phung, Samantha Pinsky, Antonio Pontex-Nunez, Kristin Sage Rockerman, Jillian Santella, Aaron Seabright, Katherine Stabile. (Attachments: #1 Affidavit Haxby Declaration with Exhibits).(Green, Remy)
July 28, 2020 Filing 61 Exhibit List for Preliminary Injunction Hearing. Document filed by Maria Barva, Emily Gallagher, Tess Harkin, Miriam Lazewatsky, James C. McNamee, Christian O'Toole, Suraj Patel, Myles Peterson, Caitlin Phung, Samantha Pinsky, Antonio Pontex-Nunez, Kristin Sage Rockerman, Jillian Santella, Aaron Seabright, Katherine Stabile. (Attachments: #1 Exhibit Exhibit 1 - Prof Stabile's Ballot, #2 Exhibit Exhibit 2 - FRE 1006 Summary of No Postmark Ballots, #3 Exhibit Exhibit 3 - FRE 1006 Summary of Late Postmark Ballots, #4 Exhibit Exhibit 4 Post Office Manual Section, #5 Exhibit Exhibit 5 - 9-13-19 - Common Cause v Brehm - Depo of Michael Ryan, #6 Exhibit Exhibit 6 - Bergin Article, #7 Exhibit Exhibit 7 - Wisconsin Absentee Voting Report, #8 Exhibit Exhibit 8 - WEC Memos RE Absentee Ballot Return, Timely Postmark Issues, and Absentee Ballot Counting, #9 Exhibit Exhibit 9 - Ryan Email Thread).(Green, Remy)
July 27, 2020 Filing 60 REQUEST FOR ISSUANCE OF SUMMONS as to New York City Board of Elections, re: #40 Intervenor Complaint,. Document filed by Ethan Felder, Maria D. Kaufer..(Schwartz, Arthur)
July 27, 2020 Filing 59 REQUEST FOR ISSUANCE OF SUMMONS as to Patricia Anne Taylor, re: #40 Intervenor Complaint,. Document filed by Ethan Felder, Maria D. Kaufer..(Schwartz, Arthur)
July 27, 2020 Opinion or Order Filing 58 ORDER terminating #54 Letter Motion for Conference, as stated on the record at the telephone conference held on July 27, 2020. (HEREBY ORDERED by Judge Analisa Torres)(Text Only Order) (ah)
July 27, 2020 Minute Entry for proceedings held before Judge Analisa Torres: Telephone Conference held on 7/27/2020. (ah)
July 27, 2020 Filing 57 REQUEST FOR ISSUANCE OF SUMMONS as to Patricia Anne Taylor, re: #40 Intervenor Complaint,. Document filed by Ethan Felder, Maria D. Kaufer..(Schwartz, Arthur)
July 27, 2020 Filing 56 FILING ERROR - SUMMONS REQUEST As To - REQUEST FOR ISSUANCE OF SUMMONS as to NYC Board of Elections, re: #40 Intervenor Complaint,. Document filed by Ethan Felder, Maria D. Kaufer..(Schwartz, Arthur) Modified on 7/28/2020 (jgo).
July 27, 2020 Opinion or Order Filing 55 It is ORDERED that the Court shall hold a telephonic conference in this matter on July 27, 2020, at 7:00 p.m. The parties shall call into the Courts dedicated conference line at (888) 398-2342, and then enter the access code 559-8827, followed by the pound sign. (HEREBY ORDERED by Judge Analisa Torres) (Text Only Order) (JT)
July 27, 2020 Filing 54 LETTER MOTION for Conference re: #52 Order,,, #48 Scheduling Order,,,, addressed to Judge Analisa Torres from Remy Green dated 07/27/2020. Document filed by Maria Barva, Emily Gallagher, Tess Harkin, Miriam Lazewatsky, James C. McNamee, Christian O'Toole, Suraj Patel, Myles Peterson, Caitlin Phung, Samantha Pinsky, Antonio Pontex-Nunez, Kristin Sage Rockerman, Jillian Santella, Aaron Seabright, Katherine Stabile..(Green, Remy)
July 27, 2020 Filing 53 NOTICE OF APPEARANCE by Jonathan Wallace on behalf of Maria Barva, Emily Gallagher, Tess Harkin, Miriam Lazewatsky, James C. McNamee, Christian O'Toole, Suraj Patel, Myles Peterson, Caitlin Phung, Samantha Pinsky, Antonio Pontex-Nunez, Kristin Sage Rockerman, Jillian Santella, Aaron Seabright, Katherine Stabile..(Wallace, Jonathan)
July 27, 2020 Opinion or Order Filing 52 ORDER re: #48 Scheduling Order. In addition to the deadlines set forth in that order, it is ORDERED that: 1. By July 28, 2020, at 12:00 p.m., the parties shall file on ECF a list of exhibits to be offered by each party. The parties shall also submit each exhibit pre-marked (plaintiff to use numbers, defendant to use letters). For any exhibit as to which there is an objection, the objecting party shall briefly specify, next to the listing of that exhibit, the nature of the party's objection. Where a party objects to an exhibit on any ground other than authenticity, the objection shall cite the Federal Rule of Evidence that is the basis for the objection. Any objection not listed shall be deemed waived. (as further set forth herein). SO ORDERED. (Signed by Judge Analisa Torres on 7/27/2020) (kv)
July 27, 2020 Filing 51 LETTER addressed to Judge Analisa Torres from Arthur Z. Schwartz dated July 27, 2020 re: Additional Information Needed for July 29, 2020 Hearing. Document filed by Ethan Felder, Maria D. Kaufer..(Schwartz, Arthur)
July 27, 2020 ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Arthur Z Schwartz to RE-FILE Document No. #42 Request for Issuance of Summons, #41 Request for Issuance of Summons. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the issuance of summons is not correct; Include 'c/o' or 'via' before second party information. Party text is not required in the 'To:' section of the summons PDF. If party text is included, it must appear exactly as it does in the caption on the pleading. 'As To' Error; party names must appear in the as to docket entry text exactly as they do in the pleading caption. Do not abbreviate party names. Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (dnh)
July 27, 2020 Filing 50 ELECTRONIC SUMMONS ISSUED as to Michael J. Ryan..(dnh)
July 27, 2020 Opinion or Order Filing 49 ORDER granting #36 Letter Motion for Leave to File Document. GRANTED. SO ORDERED. (Signed by Judge Analisa Torres on 7/27/2020) (kv)
July 27, 2020 ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Arthur Z Schwartz to RE-FILE Document No. #39 Request for Issuance of Summons, #38 Request for Issuance of Summons, #37 Request for Issuance of Summons. The filing is deficient for the following reason(s): Summonses must be linked to the corresponding pleading. Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (dnh)
July 26, 2020 Opinion or Order Filing 48 ORDER: it is hereby ORDERED that: On July 29, 2020, at 9:30 a.m., the parties shall appear for an evidentiary hearing on Plaintiffs' and Plaintiff-Intervenors' applications for injunctive relief. The hearing shall proceed via videoconference. Chambers will email instructions directly to the parties. The parties shall email their appearance information to Torres_NYSDChambers@nysd.uscourts.gov by July 28, 2020, at 12:00 p.m. Members of the public may access the audio of the proceeding by calling (888) 398-2342 or (215) 861-0674 and entering conference ID number 5598827. Any documentary evidence, in the form of affidavits, declarations, or otherwise, must be submitted to the Court by July 28, 2020, at 12:00 p.m. At the hearing, the parties should be prepared to present evidence in the form of live testimony. The parties shall identify witnesses they seek to call by July 28, 2020, at 12:00 p.m. Each party shall have the opportunity to cross-examine any witness called by a party, and as further specified and set forth in this Order. So ordered. (Telephone Conference set for 7/29/2020 at 09:30 AM before Judge Analisa Torres). (Signed by Judge Analisa Torres on 7/26/2020) (rjm)
July 26, 2020 Filing 47 LETTER addressed to Judge Analisa Torres from Stephen Kitzinger dated July 26, 2020 re: schedule for certification of Primary Election results. Document filed by New York City Board of Elections, Michael J. Ryan(individually), Patricia Anne Taylor(President of the New York Baord of Elections)..(Kitzinger, Stephen)
July 26, 2020 Filing 46 LETTER addressed to Judge Analisa Torres from Owen T. Conroy dated July 26, 2020 re: Primary Certification. Document filed by Robert A. Brehm, Andrew Cuomo, Douglas Kellner, Peter S. Kosinski, New York State Board of Elections, Andrew Spano, Todd D. Valentine..(Conroy, Owen)
July 25, 2020 Opinion or Order Filing 45 AMENDED ORDER: The Court plans to schedule an evidentiary hearing on Plaintiffs and Plaintiff-Intervenors' requests for injunctive relief. Accordingly, it is ORDERED that the parties are directed to meet and confer, and, by 12:00 p.m. on July 26, 2020, inform the Court as to the date by which the results of the June 23, 2020 primary election must be certified, providing the legal authority for their conclusion. The parties are directed to disregard the order at ECF No. 44. (HEREBY ORDERED by Judge Analisa Torres) (Text Only Order) (ah)
July 25, 2020 Opinion or Order Filing 44 ORDER: The Court plans to schedule an evidentiary hearing on Plaintiffs and Plaintiff-Intervenors' requests for injunctive relief. Accordingly, it is ORDERED that the parties are directed to meet and confer, and, by 12:00 p.m. on July 25, 2020, inform the Court as to the date by which the results of the June 23, 2020 primary election must be certified, providing the legal authority for their conclusion. (HEREBY ORDERED by Judge Analisa Torres) (Text Only Order) (ah)
July 25, 2020 Filing 43 REQUEST FOR ISSUANCE OF SUMMONS as to Michael J. Ryan, re: #40 Intervenor Complaint,. Document filed by Ethan Felder, Maria D. Kaufer..(Schwartz, Arthur)
July 25, 2020 Filing 42 FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to Patricia Anne Taylor, re: #40 Intervenor Complaint,. Document filed by Ethan Felder, Maria D. Kaufer..(Schwartz, Arthur) Modified on 7/27/2020 (dnh).
July 25, 2020 Filing 41 FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST As To - REQUEST FOR ISSUANCE OF SUMMONS as to NYC Board of Elections, re: #40 Intervenor Complaint,. Document filed by Ethan Felder, Maria D. Kaufer..(Schwartz, Arthur) Modified on 7/27/2020 (dnh).
July 25, 2020 Filing 40 INTERVENOR COMPLAINT against New York City Board of Elections, Michael J. Ryan(individually), Patricia Anne Taylor(President of the New York Baord of Elections).Document filed by Ethan Felder, Maria D. Kaufer. (Attachments: #1 Exhibit Ex. A - Emaill Exchange Between A Schwartz and S Richman).(Schwartz, Arthur)
July 25, 2020 Filing 39 FILING ERROR SUMMONS NOT LINKED TO CORRESPONDING PLEADING- REQUEST FOR ISSUANCE OF SUMMONS as to Michael J. Ryan, re: #1 Complaint,,. Document filed by Ethan Felder, Maria D. Kaufer..(Schwartz, Arthur) Modified on 7/27/2020 (dnh).
July 25, 2020 Filing 38 FILING ERROR SUMMONS NOT LINKED TO CORRESPONDING PLEADING- REQUEST FOR ISSUANCE OF SUMMONS as to Patricia Anne Taylor, re: #1 Complaint,,. Document filed by Ethan Felder, Maria D. Kaufer..(Schwartz, Arthur) Modified on 7/27/2020 (dnh).
July 25, 2020 Filing 37 FILING ERROR SUMMONS NOT LINKED TO CORRESPONDING PLEADING- REQUEST FOR ISSUANCE OF SUMMONS as to NYC Board of Elections, re: #1 Complaint,,. Document filed by Ethan Felder, Maria D. Kaufer..(Schwartz, Arthur) Modified on 7/27/2020 (dnh).
July 25, 2020 Filing 36 LETTER MOTION for Leave to File Sur-Reply Letter Responding to NYCBOE'S July 24, 2020 Submission addressed to Judge Analisa Torres from Arthur Z. Schwartz dated July 25, 2020. Document filed by Ethan Felder, Maria D. Kaufer..(Schwartz, Arthur)
July 25, 2020 Filing 35 RESPONSE in Support of Motion re: #11 MOTION to Intervene and for Preliminary Injunction., #3 MOTION for Preliminary Injunction . . Document filed by Ethan Felder, Maria D. Kaufer. (Attachments: #1 Appendix Decision in Self Advocacy Systems v Jaeger).(Schwartz, Arthur)
July 24, 2020 Filing 34 MEMORANDUM OF LAW in Opposition re: #11 MOTION to Intervene and for Preliminary Injunction. . Document filed by New York City Board of Elections, Michael J. Ryan(individually), Patricia Anne Taylor(President of the New York Baord of Elections)..(Kitzinger, Stephen)
July 24, 2020 Filing 33 DECLARATION of Bart J. Haggerty in Opposition re: #11 MOTION to Intervene and for Preliminary Injunction.. Document filed by New York City Board of Elections, Michael J. Ryan(individually), Patricia Anne Taylor(President of the New York Baord of Elections)..(Kitzinger, Stephen)
July 24, 2020 Filing 32 NOTICE OF APPEARANCE by Stephen Edward Kitzinger on behalf of New York City Board of Elections, Michael J. Ryan(individually), Patricia Anne Taylor(President of the New York Baord of Elections)..(Kitzinger, Stephen)
July 24, 2020 Filing 31 FINAL REPLY MEMORANDUM OF LAW in Support re: #11 MOTION to Intervene and for Preliminary Injunction., #3 MOTION for Preliminary Injunction . (Corrected Copy). Document filed by Ethan Felder, Maria D. Kaufer..(Schwartz, Arthur)
July 24, 2020 Opinion or Order Filing 30 ORDER granting #29 Letter Motion for Extension of Time to File Response/Reply. GRANTED. SO ORDERED. (Signed by Judge Analisa Torres on 7/24/2020) (kv)
July 24, 2020 Filing 29 LETTER MOTION for Extension of Time to File Response/Reply as to #23 Reply Affidavit in Support of Motion, #27 Reply Affirmation in Support of Motion,, #26 Reply Affirmation in Support of Motion,, #28 Reply Memorandum of Law in Support of Motion addressed to Judge Analisa Torres from Arthur Z. Schwartz dated July 24, 2020. Document filed by Ethan Felder, Maria D. Kaufer..(Schwartz, Arthur)
July 24, 2020 Filing 28 REPLY MEMORANDUM OF LAW in Support re: #11 MOTION to Intervene and for Preliminary Injunction., #3 MOTION for Preliminary Injunction . . Document filed by Ethan Felder, Maria D. Kaufer..(Schwartz, Arthur)
July 24, 2020 Filing 27 REPLY AFFIRMATION of Arthur Z. Schwartz in Support re: #11 MOTION to Intervene and for Preliminary Injunction., #3 MOTION for Preliminary Injunction .. Document filed by Ethan Felder, Maria D. Kaufer. (Attachments: #1 Exhibit Ex. E - NY Times Article on Late Ballot Mailing, #2 Exhibit Ex. F. - NYCBOE Canvassing Regulations, #3 Exhibit Ex. F(2) - NYCBOE "Other Ballot" Canvass Rules, #4 Exhibit Ex. G - Shabazz v Board of Elections Decision & Order, #5 Exhibit Ex. H - Postal Manual Provision, #6 Exhibit Ex. I - 27th Congressional District Results).(Schwartz, Arthur)
July 24, 2020 Filing 26 REPLY AFFIRMATION of Arthur Z. Schwartz in Support re: #11 MOTION to Intervene and for Preliminary Injunction., #3 MOTION for Preliminary Injunction .. Document filed by Ethan Felder, Maria D. Kaufer. (Attachments: #1 Exhibit Ex. E -NY Times Article Re Mailing of Absentee Ballots, #2 Exhibit Ex. F(1) - NYCBOE Canvassing Rules, #3 Exhibit Ex. F(2) - NYCBOE "Other Ballot" Canvass Rules, #4 Exhibit Ex. G - Shabazz v NYCBOE Decision, #5 Exhibit Ex. H - Postal Manual Provision).(Schwartz, Arthur)
July 24, 2020 Opinion or Order Filing 25 ORDER granting #24 Letter Motion for Extension of Time to File. GRANTED. SO ORDERED. (Signed by Judge Analisa Torres on 7/24/2020) (kv)
July 24, 2020 Filing 24 LETTER MOTION for Extension of Time to File Reply Brief (ECF No. 22) addressed to Judge Analisa Torres from Remy Green dated 07/24/2020. Document filed by Maria Barva, Emily Gallagher, Tess Harkin, Miriam Lazewatsky, James C. McNamee, Christian O'Toole, Suraj Patel, Myles Peterson, Caitlin Phung, Samantha Pinsky, Antonio Pontex-Nunez, Kristin Sage Rockerman, Jillian Santella, Aaron Seabright, Katherine Stabile..(Green, Remy)
July 24, 2020 Filing 23 REPLY AFFIDAVIT of Maria D. Kaufer in Support re: #11 MOTION to Intervene and for Preliminary Injunction., #3 MOTION for Preliminary Injunction .. Document filed by Ethan Felder, Maria D. Kaufer. (Attachments: #1 Exhibit Exhibit C - NYCBOE List of Disqualified Ballots By Assembly District, #2 Exhibit Exhibit D - NYCBOE List of "Invalid Ballot Codes").(Schwartz, Arthur)
July 24, 2020 Filing 22 RESPONSE in Support of Motion re: #3 MOTION for Preliminary Injunction . . Document filed by Maria Barva, Emily Gallagher, Tess Harkin, Miriam Lazewatsky, James C. McNamee, Christian O'Toole, Suraj Patel, Myles Peterson, Caitlin Phung, Samantha Pinsky, Antonio Pontex-Nunez, Kristin Sage Rockerman, Jillian Santella, Aaron Seabright, Katherine Stabile. (Attachments: #1 Affidavit Gallagher Declaration, #2 Exhibit Gallagher Ex. A, #3 Exhibit Gallagher Ex. B, #4 Exhibit Gallagher Ex. C, #5 Affidavit Patel Declaration, #6 Exhibit Patel Exhibit A, #7 Exhibit Patel Exhibit B, #8 Exhibit Patel Exhibit C).(Green, Remy)
July 23, 2020 Filing 21 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - MOTION Clarify Order Regarding Service of Process re: #6 Order on Motion to Expedite . Document filed by Maria Barva, Emily Gallagher, Tess Harkin, Miriam Lazewatsky, James C. McNamee, Christian O'Toole, Suraj Patel, Myles Peterson, Caitlin Phung, Samantha Pinsky, Antonio Pontex-Nunez, Kristin Sage Rockerman, Jillian Santella, Aaron Seabright, Katherine Stabile..(Green, Remy) Modified on 8/12/2020 (db).
July 23, 2020 Opinion or Order Filing 20 ORDER granting #11 Motion to Intervene; terminating #19 Letter Motion to Expedite. Accordingly, the motion to intervene under Rule 24(b) of the Federal Rules of Civil Procedure is GRANTED. It is ORDERED that Proposed Plaintiff-Intervenors shall immediately notify Proposed NYCBOE Defendants of this order, and shall serve on Proposed NYCBOE Defendants their complaint, motion, supporting memorandum of law, and this order by email to the NYCBOEs general counsel and the New York City Law Department. It is further ORDERED that by July 24, 2020, Proposed NYCBOE Defendants shall file their opposition to Proposed Plaintiff-Intervenors' request for a preliminary injunction. The Clerk of Court is directed to terminate the motions at ECF Nos. 11 and 19, amend the caption as styled above, and add to the docket as Defendants the New York City Board of Elections, Patricia Anne Taylor, individually and as President of the New York City Board of Elections, and Michael J. Ryan, individually and as the Executive Director of the New York City Board of Elections. SO ORDERED. (Signed by Judge Analisa Torres on 7/23/2020) (kv)
July 23, 2020 Filing 19 LETTER MOTION to Expedite Order Allowing Intervention and Directing Defendants in Intervention NYC Board of Elections et al to Respond to Preliminary Injunction Motion addressed to Judge Analisa Torres from Arthur Schwartz dated July 22, 2020. Document filed by Ethan Felder, Maria D. Kaufer. Return Date set for 7/23/2020 at 10:00 AM..(Schwartz, Arthur)
July 22, 2020 Filing 18 DECLARATION of Robert A. Brehm in Opposition re: #3 MOTION for Preliminary Injunction .. Document filed by Robert A. Brehm, Andrew Cuomo, Douglas Kellner, Peter S. Kosinski, New York State Board of Elections, Andrew Spano, Todd D. Valentine. (Attachments: #1 Exhibit Gallagher Order to Show Cause, #2 Exhibit Patel Order to Show Cause, #3 Exhibit USPS Postmarking Guidelines).(Conroy, Owen)
July 22, 2020 Filing 17 MEMORANDUM OF LAW in Opposition re: #3 MOTION for Preliminary Injunction . . Document filed by Robert A. Brehm, Andrew Cuomo, Douglas Kellner, Peter S. Kosinski, New York State Board of Elections, Andrew Spano, Todd D. Valentine..(Conroy, Owen)
July 22, 2020 Filing 16 NOTICE OF APPEARANCE by Owen Thomas Conroy on behalf of Robert A. Brehm, Andrew Cuomo, Douglas Kellner, Peter S. Kosinski, New York State Board of Elections, Andrew Spano, Todd D. Valentine..(Conroy, Owen)
July 22, 2020 Opinion or Order Filing 15 MEMO ENDORSEMENT on re: #14 Letter, filed by Antonio Pontex-Nunez, Caitlin Phung, Kristin Sage Rockerman, Jillian Santella, Samantha Pinsky, James C. McNamee, Emily Gallagher, Maria Barva, Suraj Patel, Christian O'Toole, Tess Harkin, Miriam Lazewatsky, Aaron Seabright, Katherine Stabile, Myles Peterson. ENDORSEMENT: GRANTED. By July 23, 2020, Plaintiffs shall file their reply, if any. SO ORDERED. (Replies due by 7/23/2020.) (Signed by Judge Analisa Torres on 7/22/2020) (kv)
July 22, 2020 Filing 14 LETTER addressed to Judge Analisa Torres from Remy Green dated 7/22/2020 re: Consent to Intervention Motion and Scheduling in Gallagher et al. v. New York State Board of Elections et al., 20-cv-5504. Document filed by Maria Barva, Emily Gallagher, Tess Harkin, Miriam Lazewatsky, James C. McNamee, Christian O'Toole, Suraj Patel, Myles Peterson, Caitlin Phung, Samantha Pinsky, Antonio Pontex-Nunez, Kristin Sage Rockerman, Jillian Santella, Aaron Seabright, Katherine Stabile..(Green, Remy)
July 22, 2020 Set/Reset Deadlines: Responses due by 7/22/2020 (kv)
July 22, 2020 Opinion or Order Filing 13 ORDER with respect to #11 Motion to Intervene. It is ORDERED that Defendants shall include their response to the motion to intervene in their opposition to Plaintiffs' motion for preliminary injunctive relief, which is due by July 22, 2020. See ECF No. 6. It is further ORDERED that, if Plaintiffs oppose the motion to intervene, they also shall inform the Court of their position by July 22, 2020. SO ORDERED. (Signed by Judge Analisa Torres on 7/22/2020) (kv)
July 22, 2020 Filing 12 MEMORANDUM OF LAW in Support re: #11 MOTION to Intervene and for Preliminary Injunction. . Document filed by Ethan Felder, Maria D. Kaufer..(Schwartz, Arthur)
July 22, 2020 Filing 11 MOTION to Intervene and for Preliminary Injunction. Document filed by Maria D. Kaufer, Ethan Felder. (Attachments: #1 Exhibit Proposed Intervenors' Complaint, #2 Exhibit Ex. A to Proposed Intervenors' Complaint).(Schwartz, Arthur)
July 20, 2020 Filing 10 NOTICE OF APPEARANCE by Douglas A. Kellner on behalf of Douglas Kellner..(Kellner, Douglas)
July 20, 2020 ADD PARTY FOR PLEADING. Defendants/Respondents Robert A. Brehm, Andrew Cuomo, Douglas Kellner, Peter S. Kosinski, New York State Board of Elections, Andrew Spano, Todd D. Valentine added. Party added pursuant to #1 Complaint,,.Document filed by Samantha Pinsky, Kristin Sage Rockerman, Suraj Patel, Emily Gallagher, Tess Harkin, James C. McNamee, Katherine Stabile, Miriam Lazewatsky, Christian O'Toole, Caitlin Phung, Antonio Pontex-Nunez, Maria Barva, Jillian Santella, Myles Peterson, Aaron Seabright. Related document: #1 Complaint,,..(Green, Remy)
July 20, 2020 Filing 9 ELECTRONIC SUMMONS ISSUED as to Robert A. Brehm, Andrew Cuomo, Douglas Kellner, Peter S. Kosinski, New York State Board of Elections, Andrew Spano, Todd D. Valentine..(jgo)
July 20, 2020 Case Designated ECF. (jgo)
July 20, 2020 Magistrate Judge Barbara C. Moses 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. (jgo)
July 20, 2020 CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Analisa Torres. 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..(jgo)
July 20, 2020 ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Remy Green. The party information for the following party/parties has been modified: Seabright Aaron; McNamee C. James; . The information for the party/parties has been modified for the following reason/reasons: party name contained a typographical error; party text contained a typographical error;. (jgo)
July 20, 2020 ***NOTICE TO ATTORNEY REGARDING CIVIL CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Remy Green. The following case opening statistical information was erroneously selected/entered: County code New York; Fee Status code due (due);. The following correction(s) have been made to your case entry: the County code has been modified to Queens; the Fee Status code has been modified to pd (paid);. (jgo)
July 20, 2020 ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Remy Green to RE-FILE re: Document No. #1 Complaint. The filing is deficient for the following reason(s): the All Defendant radio button was selected;. Docket the event type Add Party to Pleading found under the event list Complaints and Other Initiating Documents.. Re-file the pleading using the event type Complaint found under the event list Complaints and Other Initiating Documents - attach the correct signed PDF - select the individually named filer/filers - select the individually named party/parties the pleading is against. (jgo)
July 18, 2020 Filing 8 NOTICE OF APPEARANCE by Ali Najmi on behalf of Seabright Aaron, Maria Barva, Emily Gallagher, Tess Harkin, McNamee C. James, Miriam Lazewatsky, Christian O'Toole, Suraj Patel, Myles Peterson, Caitlin Phung, Samantha Pinsky, Antonio Pontex-Nunez, Kristin Sage Rockerman, Jillian Santella, Katherine Stabile..(Najmi, Ali)
July 17, 2020 Filing 7 AFFIDAVIT OF SERVICE of Summons and Complaint,,. All Defendants. Document filed by Samantha Pinsky, Kristin Sage Rockerman, Suraj Patel, Emily Gallagher, Tess Harkin, McNamee C. James, Katherine Stabile, Miriam Lazewatsky, Christian O'Toole, Caitlin Phung, Antonio Pontex-Nunez, Maria Barva, Jillian Santella, Myles Peterson, Seabright Aaron., AFFIDAVIT OF SERVICE of Plaintiffs Motion for a Preliminary Injunction (ECF Nos. 3; 3-1); and the Court's Order expediting proceedings (as well as the letter motion on which that relief was granted) served on New York State Board of Elections; Peter S. Kosinski, Andrew Spano, and Douglas Kellner, individually and in their official capacities as Commissioners of the New York State Board of Elections; Todd D. Valentine, Robert A. Brehm, individually and in their official capacities as Co-Executive Directors of the New York State Board of Elections; and Andrew Cuomo as Governor of the State of New York, on 7/17/2020. Document filed by Samantha Pinsky, Kristin Sage Rockerman, Suraj Patel, Emily Gallagher, Tess Harkin, McNamee C. James, Katherine Stabile, Miriam Lazewatsky, Christian O'Toole, Caitlin Phung, Antonio Pontex-Nunez, Maria Barva, Jillian Santella, Myles Peterson, Seabright Aaron..(Green, Remy)
July 17, 2020 Set/Reset Deadlines: Responses due by 7/22/2020 Replies due by 7/22/2020. (rro)
July 17, 2020 Opinion or Order Filing 6 ORDER granting #5 Letter Motion to Expedite. The application is granted. If oral argument or a hearing is appropriate, it will be scheduled when a judge is assigned to the case. (Signed by Judge Edgardo Ramos on 7/17/2020) (rro)
July 17, 2020 Filing 5 LETTER MOTION to Expedite and for Electronic Service, Directed to Part 1 addressed to Judge Edgardo Ramos from Remy Green dated 07/17/2020. Document filed by Seabright Aaron, Maria Barva, Emily Gallagher, Tess Harkin, McNamee C. James, Miriam Lazewatsky, Christian O'Toole, Suraj Patel, Myles Peterson, Caitlin Phung, Samantha Pinsky, Antonio Pontex-Nunez, Kristin Sage Rockerman, Jillian Santella, Katherine Stabile..(Green, Remy)
July 17, 2020 Filing 4 REQUEST FOR ISSUANCE OF SUMMONS as to New York State Board of Elections; Peter S. Kosinski, Andrew Spano, and Douglas Kellner, individually and in their official capacities as Commissioners of the New York State Board of Elections; Todd D. Valentine, Robert A. Brehm, individually and in their official capacities as Co-Executive Directors of the New York State Board of Elections; and Andrew Cuomo as Governor of the State of New York,, re: #1 Complaint,,. Document filed by Seabright Aaron, Maria Barva, Emily Gallagher, Tess Harkin, McNamee C. James, Miriam Lazewatsky, Christian O'Toole, Suraj Patel, Myles Peterson, Caitlin Phung, Samantha Pinsky, Antonio Pontex-Nunez, Kristin Sage Rockerman, Jillian Santella, Katherine Stabile..(Green, Remy)
July 17, 2020 Filing 3 MOTION for Preliminary Injunction . Document filed by Seabright Aaron, Maria Barva, Emily Gallagher, Tess Harkin, McNamee C. James, Miriam Lazewatsky, Christian O'Toole, Suraj Patel, Myles Peterson, Caitlin Phung, Samantha Pinsky, Antonio Pontex-Nunez, Kristin Sage Rockerman, Jillian Santella, Katherine Stabile. (Attachments: #1 Memo of Law in Support of Motion).(Green, Remy)
July 17, 2020 Filing 2 CIVIL COVER SHEET filed..(Green, Remy)
July 17, 2020 Filing 1 FILING ERROR - DEFICIENT PLEADING - FILED AGAINST PARTY ERROR - COMPLAINT against All Defendants. (Filing Fee $ 400.00, Receipt Number ANYSDC-20733786)Document filed by Samantha Pinsky, Kristin Sage Rockerman, Suraj Patel, Emily Gallagher, Tess Harkin, McNamee C. James, Katherine Stabile, Miriam Lazewatsky, Christian O'Toole, Caitlin Phung, Antonio Pontex-Nunez, Maria Barva, Jillian Santella, Myles Peterson, Seabright Aaron. (Attachments: #1 Exhibit Exhibit 1 - Ballot Stamped "Invalid", #2 Exhibit Exhibit 2 - BOE Twitter Thread).(Green, Remy) Modified on 7/20/2020 (jgo).

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Search for this case: Gallagher et. al. v. New York State Board of Elections et. al.
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Plaintiff: Miriam Lazewatsky
Represented By: Remy Green
Represented By: Jonathan Wallace
Represented By: Ali Najmi
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Plaintiff: Christian O'Toole
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Plaintiff: Katherine Stabile
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Represented By: Ali Najmi
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Plaintiff: Maria Barva
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Plaintiff: Tess Harkin
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Plaintiff: McNamee C. James
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Plaintiff: Antonio Pontex-Nunez
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Plaintiff: Samantha Pinsky
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Plaintiff: Emily Gallagher
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Plaintiff: Myles Peterson
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Plaintiff: Caitlin Phung
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Plaintiff: Seabright Aaron
Represented By: Remy Green
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Plaintiff: Jillian Santella
Represented By: Remy Green
Represented By: Jonathan Wallace
Represented By: Ali Najmi
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Plaintiff: Kristin Sage Rockerman
Represented By: Remy Green
Represented By: Jonathan Wallace
Represented By: Ali Najmi
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Plaintiff: Suraj Patel
Represented By: Remy Green
Represented By: Jonathan Wallace
Represented By: Ali Najmi
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Plaintiff: James C. McNamee
Represented By: Remy Green
Represented By: Jonathan Wallace
Represented By: Ali Najmi
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Plaintiff: Antonio Ponton-Nunez
Represented By: Remy Green
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Plaintiff: Aaron Seabright
Represented By: Remy Green
Represented By: Jonathan Wallace
Represented By: Ali Najmi
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Defendant: Robert A. Brehm
Represented By: Owen Thomas Conroy
Represented By: Roderick Leopold Arz
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Defendant: Peter S. Kosinski
Represented By: Owen Thomas Conroy
Represented By: Roderick Leopold Arz
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Defendant: Douglas Kellner
Represented By: Douglas A. Kellner
Represented By: Owen Thomas Conroy
Represented By: Roderick Leopold Arz
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Defendant: New York State Board of Elections
Represented By: Owen Thomas Conroy
Represented By: Roderick Leopold Arz
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Defendant: Todd D. Valentine
Represented By: Owen Thomas Conroy
Represented By: Roderick Leopold Arz
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Defendant: Andrew Cuomo
Represented By: Owen Thomas Conroy
Represented By: Roderick Leopold Arz
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Defendant: Andrew Spano
Represented By: Owen Thomas Conroy
Represented By: Roderick Leopold Arz
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Defendant: Patricia Anne Taylor
Represented By: Stephen Edward Kitzinger
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Defendant: New York City Board Of Elections
Represented By: Stephen Edward Kitzinger
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Defendant: Michael J. Ryan
Represented By: Stephen Edward Kitzinger
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Intervenor plaintiff: Maria D. Kaufer
Represented By: Arthur Z Schwartz
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Intervenor plaintiff: Ethan Felder
Represented By: Arthur Z Schwartz
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Interested party: United States Postal Service
Represented By: Ilan Stein
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