Marchant et al v. De Blasio et al
| Garth Marchant, Victoria King, Denek Ham, Janet Portuallo, Robert Hall, Leslie Glover, Donald Waring, Tyrone Pinky, Joan Melford, John Moran, Juilert Waldern, Sandra Dabe, Vivian Powell, S. Powell, Cheal Grange, Brain Milford, Corinne Scott, Mildren Scott, Alphonso Reid, Pronset Neil, Glorice Henderson, Neva Shillingford King and Vicent Milford |
| Cory Johnson, City of New York, Honorable Bill De Blasio and Board of Elections |
| 1:2020cv10544 |
| December 14, 2020 |
| US District Court for the Southern District of New York |
| Valerie E Caproni |
| Constitutional - State Statute |
| 42 U.S.C. ยง 1983 |
| None |
Docket Report
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This docket was last retrieved on September 15, 2021. A more recent docket listing may be available from PACER.
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Filing 10
MEMORANDUM OF LAW in Support re: #9 MOTION to Dismiss . . Document filed by Board of Elections, City of New York, Bill De Blasio, Cory Johnson..(Kitzinger, Stephen)
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Filing 9
MOTION to Dismiss . Document filed by Board of Elections, City of New York, Bill De Blasio. Responses due by 3/5/2021.(Kitzinger, Stephen)
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Filing 8
ORDER: IT IS HEREBY ORDERED that, for the reasons stated on the record at the December 18, 2020 hearing, Plaintiffs' request for a preliminary injunction is DENIED. IT IS FURTHER ORDERED that Defendants must respond to the Complaint not later than February 5, 2021. If Defendants move to dismiss the Complaint, Plaintiffs must respond to Defendants' motion not later than March 5, 2021. Defendants may reply in further support of their motion not later than March 19, 2020. SO ORDERED., Board of Elections answer due 3/5/2021; City of New York answer due 3/5/2021; Bill De Blasio answer due 3/5/2021; Cory Johnson answer due 3/5/2021.( Responses due by 3/5/2021, Replies due by 3/19/2021.) (Signed by Judge Valerie E. Caproni on 12/18/2020) (ama)
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Minute Entry for proceedings held before Judge Valerie E. Caproni: Telephone Conference held on 12/18/2020. Attorney Neil Grimaldi present for the plaintiffs. Attorney Stephen Kitzinger present for the defendants. Court Reporter Jennifer Thun present. (anc)
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Filing 7
RESPONSE TO ORDER TO SHOW CAUSE re: #3 Order to Show Cause, Set Deadlines/Hearings,,,,,,,,,,,, #4 Order to Show Cause, Set Deadlines/Hearings,,,,,,. Document filed by Board of Elections, City of New York, Bill De Blasio, Cory Johnson..(Kitzinger, Stephen)
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Filing 6
NOTICE OF APPEARANCE by Stephen Edward Kitzinger on behalf of Board of Elections, City of New York, Bill De Blasio, Cory Johnson..(Kitzinger, Stephen)
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Filing 5
LETTER: addressed to Judge Valerie E. Caproni from Neil Grimaldi dated 12/15/2020 re: Neil Grimaldi, attorney for plaintiffs Garth Marchant, et al v. Mayor of New York Bill De Blasio, et al 20-civ-15044 hereby affirms under penalty of perjury that said defendants were served as per the 2 orders and both Orders were served upon them as well as all papers that were submitted to this Court in regard to this matter. (ama)
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Filing 4
ORDER: IT IS HEREBY ORDERED that Plaintiffs' request is GRANTED. The parties must appear before the Court for a show-cause hearing on December 18, 2020, at 1:30 p.m. The hearing will be conducted via teleconference. The parties may dial-in using (888) 363-4749; Access Code: 3121171; Security Code: 0544. Plaintiffs must serve this Order, as well as the Court's December 14, 2020 Order and accompanying papers, on Defendants not later than December 16, 2020. Plaintiffs must file or email to Chambers proof of service on Defendants not later than December 17, 2020, at 12:00 p.m. Defendants' opposition papers, to the extent they wish to file any, are due not later than December 18, 2020, at 9:00 a.m. SO ORDERED. Show Cause Hearing set for 12/18/2020 at 01:30 PM before Judge Valerie E. Caproni. Show Cause Response due by 12/18/2020. (Signed by Judge Valerie E. Caproni on 12/15/2020) (ama)
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Filing 3
ORDER TO SHOW CAUSE FOR PRELIMINARY INJUNCTION AND TEMPORARY RESTRAINING ORDER: Upon the affidavits of GARTH MARCHANT ET-AL, sworn to the 14th day of December 2020, and upon the copy of the complaint hereto annexed, it is ORDERED that the above named defendant show cause before a motion term of this Court, by teleconference, dial-in (888)363-4749, Access Code:3121171; Security Code: 0544, on December 16, 2020, at 3:00 p.m. or as soon thereafter as counsel may be heard, why an order should not be issued pursuant to Rule 65 of the Federal Rules of Civil Procedure enjoining the defendant during the pendency of this action from TO REINSTATE ANDY KING AS THE COUNSELMAN FOR THE 12TH COUNSELMEMBER DISTRICT. REQUEST IN THE COURT TO GRANT THE PLAINTIFF A STAY ON THE SPECIAL ELECTION CALL BY MAYOR DE BLASIO CALL FOR THE 22 DAY OF DECEMBER PENDING THE HEARIN OF 2020 THIS ORDER; and it is further ORDERED that personal service of a copy of this order and annexed affidavit upon the defendant or his counsel on or before 6:00 p.m. December 14, 2020, shall be deemed good and sufficient service thereof. Plaintiffs must file proof of service of this Order and accompanying papers on Defendants not later than December 15, 2020, at 12:00 p.m. To the extent Defendants wish to file any, opposition papers are due not later than December 15, 2020, at 6:00 p.m. So Ordered. (Signed by Judge Valerie E. Caproni on 12/14/2020) ( Responses due by 12/15/2020, Telephone Conference set for 12/16/2020 at 03:00 PM before Judge Valerie E. Caproni.) (ks)
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Filing 2
CIVIL COVER SHEET filed..(jgo)
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Filing 1
COMPLAINT against Board of Elections, City of New York, Bill De Blasio. (Filing Fee $ 402.00, Receipt Number 465401270863)Document filed by Vivian Powell, Joan Melford, Victoria King, Donald Waring, Pronset Neil, Juilert Waldern, Garth Marchant, John Moran, Neva Shillingford King, Glorice Henderson, Alphonso Reid, Robert Hall, Janet Portuallo, Leslie Glover, Mildren Scott, Brain Milford, Corinne Scott, Cheal Grange, Vicent Milford, Denek Ham, S. Powell, Tyrone Pinky, Sandra Dabe..(jgo)
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Case Designated ECF. (jgo)
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Magistrate Judge James L. Cott 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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