Gallagher et. al. v. New York State Board of Elections et. al.
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 |
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 |
Maria D. Kaufer and Ethan Felder |
United States Postal Service |
1:2020cv05504 |
July 17, 2020 |
US District Court for the Southern District of New York |
Analisa Torres |
Civil Rights: Voting |
42 U.S.C. § 1983 |
None |
Docket Report
This docket was last retrieved on October 23, 2020. A more recent docket listing may be available from PACER.
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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) |
***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) |
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) |
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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) |
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) |
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Set/Reset Deadlines: Motions due by 9/18/2020. Responses due by 10/2/2020 Replies due by 10/9/2020. (kv) |
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) |
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) |
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Set/Reset Deadlines: Responses due by 9/8/2020 (kv) |
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) |
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) |
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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) |
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) |
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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) |
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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) |
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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) |
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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) |
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) |
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) |
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) |
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) |
Minute Entry for proceedings held before Judge Analisa Torres: Evidentiary Hearing completed on 7/30/2020. (JT) |
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) |
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) |
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) |
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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) |
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) |
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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) |
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) |
Filing 74 ELECTRONIC SUMMONS ISSUED as to Patricia Anne Taylor..(jgo) |
Filing 73 ELECTRONIC SUMMONS ISSUED as to Patricia Anne Taylor..(jgo) |
Filing 72 ELECTRONIC SUMMONS ISSUED as to New York City Board Of Elections..(jgo) |
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) |
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) |
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) |
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) |
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) |
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) |
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) |
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) |
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) |
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) |
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) |
***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) |
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) |
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) |
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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) |
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). |
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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) |
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) |
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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) |
Filing 50 ELECTRONIC SUMMONS ISSUED as to Michael J. Ryan..(dnh) |
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Minute Entry for proceedings held before Judge Analisa Torres: Telephone Conference held on 7/27/2020. (ah) |
***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) |
***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) |
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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) |
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) |
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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) |
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). |
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). |
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) |
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). |
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). |
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). |
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) |
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) |
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) |
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) |
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) |
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) |
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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) |
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) |
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) |
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) |
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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) |
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) |
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) |
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). |
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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) |
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) |
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) |
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) |
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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) |
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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) |
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) |
Set/Reset Deadlines: Responses due by 7/22/2020 (kv) |
Filing 10 NOTICE OF APPEARANCE by Douglas A. Kellner on behalf of Douglas Kellner..(Kellner, Douglas) |
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) |
***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) |
***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) |
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) |
***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) |
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) |
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) |
Case Designated ECF. (jgo) |
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) |
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) |
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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) |
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) |
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) |
Filing 2 CIVIL COVER SHEET filed..(Green, Remy) |
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). |
Set/Reset Deadlines: Responses due by 7/22/2020 Replies due by 7/22/2020. (rro) |
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