Deutsch et al v. New York State Board of Elections et al
| Naama Leah Deutsch, Nechama Yuta Engel, Miriam Sharon Engel, Elozor Dovid Berlin, Yisrael Meir Engel, Golda Thaler, Basya Engel, Chizkiyahu Shalom Deutsch, Jacob Thaler, Naomi Margalit Engel, Hanna Abigail Deutsch and Chaya Rochel Kamenetsky |
| New York State Board of Elections, Todd D. Valentine, Robert A. Brehm, Andrew Cuomo, Peter S. Kosinski, Andrew J. Spano and Douglas A. Kellner |
| 1:2020cv08929 |
| October 26, 2020 |
| US District Court for the Southern District of New York |
| Lorna G Schofield |
| Constitutional - State Statute |
| 28 U.S.C. § 1331 ss |
| Plaintiff |
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Filing 36
STIPULATION OF DISMISSAL: Pursuant to Rule 41(a)(1)(ii) of the Federal Rules of Civil Procedure, it is stipulated and agreed by and between the parties to the above-entitled action, acting through their respective attorneys, that this action be dismissed with prejudice and without costs to either party as against the other and that an order to that effect may be entered by either party without notice. (Signed by Judge Lorna G. Schofield on 11/13/2020) (cf)
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| Filing 35 FILING ERROR - DEFICIENT DOCKET ENTRY - SIGNATURE ERROR - STIPULATION OF VOLUNTARY DISMISSAL It is hereby stipulated and agreed by and between the parties and/or their respective counsel(s) that the above-captioned action is voluntarily dismissed, with prejudice against the defendant(s) All Parties and without costs pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure. Document filed by Andrew Cuomo, New York State Board of Elections, Todd D. Valentine, Andrew J. Spano, Peter S. Kosinski, Douglas A. Kellner, Robert A. Brehm. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers)...(Goldberg, Jane) Modified on 11/12/2020 (km). |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT VOLUNTARY DISMISSAL. Notice to Attorney Jane Goldberg. RE-FILE Document No. #35 Stipulation of Voluntary Dismissal. The filing is deficient for the following reason(s): the stipulation of voluntary dismissal was not signed by all parties who have appeared (handwritten signatures). Re-file the document using the event type Stipulation of Voluntary Dismissal found under the event list Other Documents - select the correct filer/filers - select the correct party/parties the voluntary dismissal is against - and attach the correct signed PDF. (km) |
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Filing 34
ORDER: This case has been assigned to me for all purposes. It is hereby ORDERED that a conference will be held at January 7, 2021 at 11:00 a.m. The conference will be telephonic. (As further set forth in this Order.) Initial Conference set for 1/7/2021 at 11:00 AM before Judge Lorna G. Schofield. (Signed by Judge Lorna G. Schofield on 11/5/2020) (cf)
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Filing 33
OPINION AND ORDER re: #28 CROSS MOTION for Summary Judgment . filed by Robert A. Brehm, Andrew J. Spano, Douglas A. Kellner, Peter S. Kosinski, Todd D. Valentine, Andrew Cuomo, New York State Board of Elections, #3 EMERGENCY MOTION for Preliminary Injunction . filed by Chaya Rochel Kamenetsky, Elozor Dovid Berlin, Yisrael Meir Engel, Naomi Margalit Engel, Jacob Thaler, Basya Engel, Miriam Sharon Engel, Hanna Abigail Deutsch, Chizkiyahu Shalom Deutsch, Nechama Yuta Engel, Golda Thaler, Naama Leah Deutsch. For the reasons stated above, Plaintiffs' motion for temporary and permanent injunctive relief is DENIED. Defendants' motion for summary judgment as to Plaintiffs' First Amendment, equal protection and 1983 claims is GRANTED. The Clerk of Court is respectfully directed to close the entries at Docket Nos. 3 and 28. (As further set forth in this Order.) (Signed by Judge Lorna G. Schofield on 10/30/2020) (cf)
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| Filing 32 LETTER addressed to Judge Lorna G. Schofield from Jane R. Goldberg dated Oct. 28, 2020 re: Court Order dated Oct. 27, 2020. Document filed by Robert A. Brehm, Andrew Cuomo, Douglas A. Kellner, Peter S. Kosinski, New York State Board of Elections, Andrew J. Spano, Todd D. Valentine. (Attachments: #1 Exhibit).(Goldberg, Jane) |
| Filing 31 LETTER addressed to Judge Lorna G. Schofield from Noam Schreiber dated October 28, 2020 re: ECF 24. Document filed by Elozor Dovid Berlin, Miriam Sharon Engel, Chizkiyahu Shalom Deutsch, Hanna Abigail Deutsch, Naama Leah Deutsch, Basya Engel, Naomi Margalit Engel, Nechama Yuta Engel, Yisrael Meir Engel, Chaya Rochel Kamenetsky, Golda Thaler, Jacob Thaler. (Attachments: #1 Exhibit A, #2 Exhibit B).(Schreiber, Noam) |
| Filing 30 REPLY MEMORANDUM OF LAW in Support re: #3 EMERGENCY MOTION for Preliminary Injunction . . Document filed by Elozor Dovid Berlin, Miriam Sharon Engel, Chizkiyahu Shalom Deutsch, Hanna Abigail Deutsch, Naama Leah Deutsch, Basya Engel, Naomi Margalit Engel, Nechama Yuta Engel, Yisrael Meir Engel, Chaya Rochel Kamenetsky, Golda Thaler, Jacob Thaler..(Schreiber, Noam) |
| Filing 29 ANSWER to #1 Complaint,,,. Document filed by Robert A. Brehm, Andrew Cuomo, Douglas A. Kellner, Peter S. Kosinski, New York State Board of Elections, Andrew J. Spano, Todd D. Valentine..(Goldberg, Jane) |
| Filing 28 CROSS MOTION for Summary Judgment . Document filed by Robert A. Brehm, Andrew Cuomo, Douglas A. Kellner, Peter S. Kosinski, New York State Board of Elections, Andrew J. Spano, Todd D. Valentine. Responses due by 10/28/2020.(Goldberg, Jane) |
| Filing 27 DECLARATION of John W. Conklin in Opposition re: #3 EMERGENCY MOTION for Preliminary Injunction .. Document filed by Robert A. Brehm, Andrew Cuomo, Douglas A. Kellner, Peter S. Kosinski, New York State Board of Elections, Andrew J. Spano, Todd D. Valentine. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit).(Goldberg, Jane) |
| Filing 26 MEMORANDUM OF LAW in Opposition re: #3 EMERGENCY MOTION for Preliminary Injunction . and in support of Defendants' Cross Motion for Summary Judgment. Document filed by Robert A. Brehm, Andrew Cuomo, Douglas A. Kellner, Peter S. Kosinski, New York State Board of Elections, Andrew J. Spano, Todd D. Valentine..(Goldberg, Jane) |
| Filing 25 NOTICE OF APPEARANCE by Jane R. Goldberg on behalf of Robert A. Brehm, Andrew Cuomo, Douglas A. Kellner, Peter S. Kosinski, New York State Board of Elections, Andrew J. Spano, Todd D. Valentine..(Goldberg, Jane) |
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Filing 24
ORDER: It is hereby ORDERED that by October 28, 2020, Plaintiffs shall provide (by filing on ECF as an attachment(s) to a letter) an evidentiary basis -- pertinent documents and/or a sworn statement from a person with knowledge -- (i) stating what, if anything, prevented Plaintiffs from emailing their FPCAs on or before October 9, 2020, and (ii) substantiating any acceptance by New York county boards of election of FPCAs emailed after October 9, 2020. (As further set forth in this Order.) (Signed by Judge Lorna G. Schofield on 10/27/2020) (cf)
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| Filing 23 SUMMONS RETURNED EXECUTED Summons and Complaint,,, served. Robert A. Brehm served on 10/27/2020, answer due 11/17/2020; Andrew Cuomo served on 10/27/2020, answer due 11/17/2020; Douglas A. Kellner served on 10/27/2020, answer due 11/17/2020; Peter S. Kosinski served on 10/27/2020, answer due 11/17/2020; New York State Board of Elections served on 10/27/2020, answer due 11/17/2020; Andrew J. Spano served on 10/27/2020, answer due 11/17/2020; Todd D. Valentine served on 10/27/2020, answer due 11/17/2020. Service was accepted by Nicholas Cartagena. Document filed by Golda Thaler; Miriam Sharon Engel; Naama Leah Deutsch; Hanna Abigail Deutsch; Basya Engel; Chizkiyahu Shalom Deutsch; Nechama Yuta Engel; Jacob Thaler; Naomi Margalit Engel; Elozor Dovid Berlin; Yisrael Meir Engel; Chaya Rochel Kamenetsky. (Attachments: #1 Affidavit Affidavits).(Schreiber, Noam) |
| Filing 22 ELECTRONIC SUMMONS ISSUED as to Todd D. Valentine..(jgo) |
| Filing 21 REQUEST FOR ISSUANCE OF SUMMONS as to Todd D. Valentine, re: #1 Complaint,,,. Document filed by Elozor Dovid Berlin, Miriam Sharon Engel, Chizkiyahu Shalom Deutsch, Hanna Abigail Deutsch, Naama Leah Deutsch, Basya Engel, Naomi Margalit Engel, Nechama Yuta Engel, Yisrael Meir Engel, Chaya Rochel Kamenetsky, Golda Thaler, Jacob Thaler..(Schreiber, Noam) |
| Filing 20 ELECTRONIC SUMMONS ISSUED as to Robert A. Brehm..(jgo) |
| Filing 19 ELECTRONIC SUMMONS ISSUED as to Peter S. Kosinski..(jgo) |
| Filing 18 ELECTRONIC SUMMONS ISSUED as to New York State Board of Elections..(jgo) |
| Filing 17 ELECTRONIC SUMMONS ISSUED as to Douglas A. Kellner..(jgo) |
| Filing 16 ELECTRONIC SUMMONS ISSUED as to Andrew Cuomo..(jgo) |
| Filing 15 ELECTRONIC SUMMONS ISSUED as to Andrew J. Spano..(jgo) |
| Filing 14 CIVIL COVER SHEET filed..(Schreiber, Noam) |
| Civil Case Opening Fee Paid electronically via Pay.gov: for #1 Complaint,,,. Filing fee $ 400.00. Pay.gov receipt number ANYSDC-22307156, paid on 10/26/2020..(gp) |
| Filing 13 REQUEST FOR ISSUANCE OF SUMMONS as to Robert A. Brehm, re: #1 Complaint,,,. Document filed by Elozor Dovid Berlin, Miriam Sharon Engel, Chizkiyahu Shalom Deutsch, Hanna Abigail Deutsch, Naama Leah Deutsch, Basya Engel, Naomi Margalit Engel, Nechama Yuta Engel, Yisrael Meir Engel, Chaya Rochel Kamenetsky, Golda Thaler, Jacob Thaler..(Schreiber, Noam) |
| Filing 12 REQUEST FOR ISSUANCE OF SUMMONS as to Peter S. Kosinski, re: #1 Complaint,,,. Document filed by Elozor Dovid Berlin, Miriam Sharon Engel, Chizkiyahu Shalom Deutsch, Hanna Abigail Deutsch, Naama Leah Deutsch, Basya Engel, Naomi Margalit Engel, Nechama Yuta Engel, Yisrael Meir Engel, Chaya Rochel Kamenetsky, Golda Thaler, Jacob Thaler..(Schreiber, Noam) |
| Filing 11 REQUEST FOR ISSUANCE OF SUMMONS as to Andrew J. Spano, re: #1 Complaint,,,. Document filed by Elozor Dovid Berlin, Miriam Sharon Engel, Chizkiyahu Shalom Deutsch, Hanna Abigail Deutsch, Naama Leah Deutsch, Basya Engel, Naomi Margalit Engel, Nechama Yuta Engel, Yisrael Meir Engel, Chaya Rochel Kamenetsky, Golda Thaler, Jacob Thaler..(Schreiber, Noam) |
| Filing 10 REQUEST FOR ISSUANCE OF SUMMONS as to Andrew M. Cuomo, re: #1 Complaint,,,. Document filed by Elozor Dovid Berlin, Miriam Sharon Engel, Chizkiyahu Shalom Deutsch, Hanna Abigail Deutsch, Naama Leah Deutsch, Basya Engel, Naomi Margalit Engel, Nechama Yuta Engel, Yisrael Meir Engel, Chaya Rochel Kamenetsky, Golda Thaler, Jacob Thaler..(Schreiber, Noam) |
| Filing 9 REQUEST FOR ISSUANCE OF SUMMONS as to Douglas A. Kellner, re: #1 Complaint,,,. Document filed by Elozor Dovid Berlin, Miriam Sharon Engel, Chizkiyahu Shalom Deutsch, Hanna Abigail Deutsch, Naama Leah Deutsch, Basya Engel, Naomi Margalit Engel, Nechama Yuta Engel, Yisrael Meir Engel, Chaya Rochel Kamenetsky, Golda Thaler, Jacob Thaler..(Schreiber, Noam) |
| Filing 8 REQUEST FOR ISSUANCE OF SUMMONS as to New York State Board of Elections, re: #1 Complaint,,,. Document filed by Elozor Dovid Berlin, Miriam Sharon Engel, Chizkiyahu Shalom Deutsch, Hanna Abigail Deutsch, Naama Leah Deutsch, Basya Engel, Naomi Margalit Engel, Nechama Yuta Engel, Yisrael Meir Engel, Chaya Rochel Kamenetsky, Golda Thaler, Jacob Thaler..(Schreiber, Noam) |
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Filing 7
ORDER: granting #5 Letter Motion to Expedite. Accordingly, it is hereby ORDERED that Plaintiffs shall serve Defendants as follows: Defendants New York State Board of Elections, Commissioners Kosinski, Kellner and Spano, and Executive Directors Valentine and Brehm shall be served (i) personally, by delivering copies of the summons and complaint, one for each defendant, as well as one copy of the papers in support of Plaintiffs' motion for injunctive relief, to the office of the New York State Board of Elections at 40 North Pearl Street, Suite 5, Albany New York, 12207, and (ii) by email to the New York State Board of Elections, at enforcement@elections.ny.gov, with a copy sent by email to the Leticia James, Attorney General of the State of New York, at whatever email address has been given to her or her deputy in charge of this matter, with whom Plaintiffs' counsel has been in contact. If Plaintiffs' counsel has not been given an email address to use, then service by email is excused but personal service must in any event be effected; (2) Defendant Cuomo shall be served by email at an address to be provided by the Attorney General of the State of New York, with a hard copy of the summons and complaint tobe delivered to the Office of the Attorney General, Litigation Bureau, Justice Building, Second Floor, Albany, New York 11224, or Litigation Bureau, 28 Liberty Street, 15th Floor, New York, NY 10005. Email service of the summons, complaint and must be made by 5:00 PM EDT TODAY, October 26, 2020; personal delivery of papers must be made no later than 11:00 AM EDT TOMORROW, October 27, 2020. It is further ORDERED that by October 27, 2020, Defendants shall submit an answer to the complaint (which may consist of a general denial) together with papers in opposition to the Plaintiffs' emergency motion for injunctive relief. It is further ORDERED that reply papers, if any, shall be submitted by October 28, 2020. It is further ORDERED that a courtesy copy of all papers filed herein shall be emailed to Schofield_NYSDChambers@nysd.uscourts.gov. (Signed by Judge Lorna G. Schofield on 10/26/2020) (ama)
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| Filing 6 NOTICE OF APPEARANCE by Douglas A. Kellner on behalf of Douglas A. Kellner..(Kellner, Douglas) |
| Filing 5 LETTER MOTION to Expedite addressed to Judge Colleen McMahon from Noam Schreiber dated October 26, 2020. Document filed by Elozor Dovid Berlin, Miriam Sharon Engel, Chizkiyahu Shalom Deutsch, Hanna Abigail Deutsch, Naama Leah Deutsch, Basya Engel, Naomi Margalit Engel, Nechama Yuta Engel, Yisrael Meir Engel, Chaya Rochel Kamenetsky, Golda Thaler, Jacob Thaler..(Schreiber, Noam) |
| Filing 4 MEMORANDUM OF LAW in Support re: #3 EMERGENCY MOTION for Preliminary Injunction . . Document filed by Elozor Dovid Berlin, Miriam Sharon Engel, Chizkiyahu Shalom Deutsch, Hanna Abigail Deutsch, Naama Leah Deutsch, Basya Engel, Naomi Margalit Engel, Nechama Yuta Engel, Yisrael Meir Engel, Chaya Rochel Kamenetsky, Golda Thaler, Jacob Thaler. (Attachments: #1 Affidavit, #2 Affidavit, #3 Affidavit, #4 Affidavit).(Schreiber, Noam) |
| Filing 3 EMERGENCY MOTION for Preliminary Injunction . Document filed by Elozor Dovid Berlin, Miriam Sharon Engel, Chizkiyahu Shalom Deutsch, Hanna Abigail Deutsch, Naama Leah Deutsch, Basya Engel, Naomi Margalit Engel, Nechama Yuta Engel, Yisrael Meir Engel, Chaya Rochel Kamenetsky, Golda Thaler, Jacob Thaler..(Schreiber, Noam) |
| Filing 2 FILING ERROR - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to New York State Board of Elections, and Peter S. Kosinski, Douglas A. Kellner, and Andrew J. Spano, in their official capacities as Commissioners of the New York State Board of Elections; and Todd D. Valentine, Robert A. Brehm, 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 Elozor Dovid Berlin, Miriam Sharon Engel, Chizkiyahu Shalom Deutsch, Hanna Abigail Deutsch, Naama Leah Deutsch, Basya Engel, Naomi Margalit Engel, Nechama Yuta Engel, Yisrael Meir Engel, Chaya Rochel Kamenetsky, Golda Thaler, Jacob Thaler..(Schreiber, Noam) Modified on 10/26/2020 (jgo). |
| Filing 1 COMPLAINT against New York State Board of Elections, Peter S. Kosinski, Co-Chair and Commissoner, individually and in his official capacities at the NYS BOE, Douglas A Kellner, Co-Chair and Commissioner individually and in his official capacities at the NYS BOE, Andrew Spano, individually and in his official capacities at the NYS BOE, Todd A. Valentine, individually and in his official capacities at the NYS BOE, Robert A. Brehm, Co-Executive Director, individually and in his official capacities at the NYS BOE, Andrew M Cuomo, in his official capacity as the Governor of New York. Document filed by Basya Engel, Golda Thaler, Chizkiyahu Shalom Deutsch, Miriam Sharon Engel, Nechama Yuta Engel, Jacob Thaler, Naama Leah Deutsch, Naomi Margalit Engel, Elozor Dovid Berlin, Hanna Abigail Deutsch, Yisrael Meir Engel, Chaya Rochel Kamenetsky..(Schreiber, Noam) |
| ***NOTICE TO ATTORNEY TO PAY THE FILING FEE. Notice to Attorney Noam Binyamin Schreiber. Civil Case Opening Fee of $400 Due: for #1 Complaint,,,. The filing fee due was not paid; either in whole or in part. If the filing fee is not paid within five (5) days, per Amended Standing Order 15-mc-131, this case will be administratively closed. Filing Fee due by 11/2/2020..(jgo) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Lorna G. Schofield. 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 REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Noam Binyamin Schreiber to RE-FILE Document No. #2 Request for Issuance of Summons. The filing is deficient for the following reason(s): all of the parties whom summons is for were not listed on the PDF 'To' section;. 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. (jgo) |
| Set/Reset Deadlines: Robert A. Brehm answer due 10/27/2020; Andrew Cuomo answer due 10/27/2020; Douglas A. Kellner answer due 10/27/2020; Peter S. Kosinski answer due 10/27/2020; New York State Board of Elections answer due 10/27/2020; Andrew J. Spano answer due 10/27/2020; Todd D. Valentine answer due 10/27/2020. Responses due by 10/27/2020 Replies due by 10/28/2020. (ama) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Noam Binyamin Schreiber. The party information for the following party/parties has been modified: Hanna Abigail Deutsch; Naama Leah Deutsch; Chizkiyahu Shalom Deutsch; Elozor Dovid Berlin; Chaya Rochel Kamenetsky; Basya Engel; Miriam Sharon Engel; Naomi Margalit Engel; Nechama Yuta Engel; Yisrael Meir Engel; Golda Thaler; Jacob Thaler; Peter S. Kosinski, Co-Chair and Commissoner, individually and in his official capacities at the NYS BOE; Douglas A Kellner, Co-Chair and Commissioner individually and in his official capacities at the NYS BOE; Andrew Spano, individually and in his official capacities at the NYS BOE; Todd A. Valentine, individually and in his official capacities at the NYS BOE; Robert A. Brehm, Co-Executive Director, individually and in his official capacities at the NYS BOE; Andrew M Cuomo, in his official capacity as the Governor of New York. The information for the party/parties has been modified for the following reason/reasons: party text was omitted; party text contained a typographical error; party was modified to add party text separately. (jgo) |
| ***NOTICE TO ATTORNEY TO ELECTRONICALLY FILE CIVIL COVER SHEET. Notice to Attorney Noam Binyamin Schreiber. Attorney must electronically file the Civil Cover Sheet. Use the event type Civil Cover Sheet found under the event list Other Documents. (jgo) |
| Case Designated ECF. (jgo) |
| Magistrate Judge Stewart D. Aaron 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) |
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