League of Women Voters of New York State et al v. Kosinski et al
| League of Women Voters of New York State, Petra Gopfert and Loulise Erskine |
| Peter S. Kosinski, Douglas A. Kellner, Andrew J. Spano, Anthony J. Casale, Todd D. Valentine and Kristen Zebrowski Stavisky |
| 1:2022cv04084 |
| May 18, 2022 |
| US District Court for the Southern District of New York |
| Paul A Engelmayer |
| Civil Rights: Voting |
| 42 U.S.C. § 1983 Civil Rights Act |
| None |
Docket Report
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This docket was last retrieved on June 24, 2022. A more recent docket listing may be available from PACER.
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| Filing 33 MANDATE of USCA (Certified Copy) as to #28 Notice of Interlocutory Appeal, filed by Loulise Erskine, League of Women Voters of New York State, Petra Gopfert. USCA Case Number 22-1162. The parties in the above-referenced case have filed a stipulation withdrawing this appeal pursuant to FRAP 42. The stipulation is hereby "So Ordered".. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 06/24/2022..(nd) |
| Filing 32 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 5/25/2022 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 31 TRANSCRIPT of Proceedings re: CONFERNECE held on 5/25/2022 before Judge Paul A. Engelmayer. Court Reporter/Transcriber: Michael McDaniel, (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 7/8/2022. Redacted Transcript Deadline set for 7/18/2022. Release of Transcript Restriction set for 9/15/2022..(McGuirk, Kelly) |
Filing 30
ORDER FOR ADMISSION PRO HAC VICE granting #29 Motion for Jan Jorritsma to Appear Pro Hac Vice. IT IS HEREBY ORDERED that Applicant is admitted Pro Hac Vice in the above captioned case in the United States District Court for the Southern District of New York. All attorneys appearing before this Court are subject to the Local Rules of this Court, including the Rules governing discipline of attorneys.. (Signed by Judge Paul A. Engelmayer on 6/2/2022) (kv)
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| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #29 MOTION for Jan Jorritsma to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-26213640. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (sgz) |
| Filing 29 MOTION for Jan Jorritsma to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-26213640. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Loulise Erskine, Petra Gopfert, League of Women Voters of New York State. (Attachments: #1 Affidavit of Jan Jorritsma, #2 Exhibit A - Certificate of Good Standing, #3 Text of Proposed Order re Motion to Admit Pro Hac Vice).(Jorritsma, Jan) |
| Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: #28 Notice of Interlocutory Appeal. (tp) |
| Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files for #28 Notice of Interlocutory Appeal, filed by Loulise Erskine, League of Women Voters of New York State, Petra Gopfert were transmitted to the U.S. Court of Appeals. (tp) |
| Filing 28 NOTICE OF INTERLOCUTORY APPEAL from #27 Order. Document filed by Loulise Erskine, Petra Gopfert, League of Women Voters of New York State. Filing fee $ 505.00, receipt number ANYSDC-26204779. Form C and Form D are due within 14 days to the Court of Appeals, Second Circuit..(Dubinsky, Gregory) |
| Minute Entry for proceedings held before Judge Paul A. Engelmayer: Oral Argument held on 5/25/2022. Court reporter present. (ajs) |
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Filing 27
ORDER: For the reasons set forth on the record today, the Court has denied plaintiffs' petition for preliminary relief in its entirety. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 5/25/2022) (jca)
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| Filing 26 NOTICE OF APPEARANCE by Roderick Leopold Arz on behalf of Anthony J. Casale, Douglas A. Kellner, Peter S. Kosinski, Andrew J. Spano, Kristen Zebrowski Stavisky, Todd D. Valentine..(Arz, Roderick) |
| Filing 25 REPLY MEMORANDUM OF LAW in Support re: #16 Order,,,,, Set Deadlines/Hearings,,,, #3 Proposed Order to Show Cause With Emergency Relief, . Document filed by Loulise Erskine, Petra Gopfert, League of Women Voters of New York State..(Dubinsky, Gregory) |
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Filing 24
ORDER: The Court has received an email request from the Office of the Attorney General, requesting permission for several of its counsel to participate in tomorrow's 8 a.m. conference remotely by telephone, including to respond to questions raised by the Court. The Court respectfully denies this request. The preliminary injunction motion to be discussed at the conference is of high public importance and the Court expects to put a substantial number of factual questions to counsel for both sides. Telephonic conferences by their nature are less well-suited to the colloquies that the Court envisions. The Court reasonably expects the Attorney General to send, in person, to the conference attorneys who are well-versed in the matters at issue. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 5/24/2022) (va)
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| Filing 23 REPLY MEMORANDUM OF LAW in Support re: #16 Order,,,,, Set Deadlines/Hearings,,,, #3 Proposed Order to Show Cause With Emergency Relief, . Document filed by Loulise Erskine, Petra Gopfert, League of Women Voters of New York State..(Dubinsky, Gregory) |
| Filing 22 AFFIDAVIT of Kristen Zebrowski Stavisky in Opposition re: #3 Proposed Order to Show Cause With Emergency Relief,. Document filed by Anthony J. Casale, Douglas A. Kellner, Peter S. Kosinski, Andrew J. Spano, Kristen Zebrowski Stavisky, Todd D. Valentine. (Attachments: #1 Exhibit A - Harkenrider v. Hochul, Appellate Division, Fourth Department Order with Stay, April 1, 2022, #2 Exhibit B - Harkenrider v. Hochul, Appellate Division, Fourth Department Decision on Stay, April 8, 2022).(Kandel, Erin) |
| Filing 21 MEMORANDUM OF LAW in Opposition re: #3 Proposed Order to Show Cause With Emergency Relief, . Document filed by Anthony J. Casale, Douglas A. Kellner, Peter S. Kosinski, Andrew J. Spano, Kristen Zebrowski Stavisky, Todd D. Valentine..(Kandel, Erin) |
| Filing 20 NOTICE OF APPEARANCE by Erin Patricia Kandel on behalf of Anthony J. Casale, Douglas A. Kellner, Peter S. Kosinski, Andrew J. Spano, Kristen Zebrowski Stavisky, Todd D. Valentine..(Kandel, Erin) |
| Filing 19 ELECTRONIC SUMMONS ISSUED as to Anthony J. Casale, Douglas A. Kellner, Peter S. Kosinski, Andrew J. Spano, Kristen Zebrowski Stavisky, Todd D. Valentine. (vf) |
| Filing 18 NOTICE OF APPEARANCE by Brian Taylor Goldman on behalf of Loulise Erskine, Petra Gopfert, League of Women Voters of New York State..(Goldman, Brian) |
| Filing 17 NOTICE OF APPEARANCE by James M. McGuire on behalf of Loulise Erskine, Petra Gopfert, League of Women Voters of New York State..(McGuire, James) |
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Filing 16
ORDER: A hearing on plaintiffs' application for a preliminary injunction will be held on Wednesday, May 25, 2022 at 8:00 a.m. in Courtroom 1305 at the Thurgood Marshall U.S. Courthouse, 40 Centre Street, New York, New York 10007. Participants are directed to review the District's COVID-19 protocols for courthouse entry, which are available online at https://www.nysd.uscourts.gov/covid-19-coronavirus, to ensure that they will be able to gain entry to the courthouse for the hearing. Plaintiffs are directed to serve by hand on defendants a copy of their application papers and this order no later than 4:00 p.m. today, and to email these papers to defendants forthwith. Defendants' opposition papers, if any, will be due Monday, May 23, 2022 at 12:00 p.m. Plaintiffs' reply papers, if any, will be due Tuesday, May 24, 2022 at 12:00 p.m. SO ORDERED. (Responses due by 5/23/2022, Replies due by 5/24/2022., Status Conference set for 5/25/2022 at 08:00 AM in Courtroom 1305, 40 Centre Street, New York, NY 10007 before Judge Paul A. Engelmayer.) (Signed by Judge Paul A. Engelmayer on 5/19/2022) (jca)
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| Filing 15 NOTICE OF APPEARANCE by Douglas A. Kellner on behalf of Douglas A. Kellner..(Kellner, Douglas) |
| Filing 14 FILING ERROR - DEFICIENT DOCKET ENTRY - FILER ERROR -(SEE #15)NOTICE OF APPEARANCE by Douglas A. Kellner on behalf of Douglas A. Kellner..(Kellner, Douglas) Modified on 5/19/2022 (kj). |
| Filing 13 REQUEST FOR ISSUANCE OF SUMMONS as to PETER S. KOSINSKI, in his official capacity as Co-Chair of the State Board of Elections; DOUGLAS A. KELLNER, in his official capacity as Co-Chair of the State Board of Elections; ANDREW J. SPANO, in his official capacity as Commissioner of the State Board of Elections; ANTHONY J. CASALE, in his official capacity as Commissioner of the State Board of Elections; TODD D. VALENTINE, in his official capacity as Co-Executive Director of the State Board of Elections; and KRISTEN ZEBROWSKI STAVISKY, in her official capacity as Co-Executive Director of the State Board of Elections,, re: #1 Complaint,. Document filed by Loulise Erskine, Petra Gopfert, League of Women Voters of New York State..(Dubinsky, Gregory) |
| Filing 12 FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST As To - REQUEST FOR ISSUANCE OF SUMMONS as to Peter S. Kosinski in his official capacity as Co-Chair of the State Board of Elections; Douglas A. Kellner in his official capacity as Co-Chair of the State Board of Elections; Andrew J. Spano in his official capacity as Commissioner of the State Board of Elections; Anthony Casale in his official capacity as Commissioner of the State Board of Elections; Todd D. Valentine in his official capacity as Co-Executive Director of the State Board of Elections; Kristen Zebrowski Stavisky in her official capacity as Co-Executive Director of the State Board of Elections, re: #1 Complaint,. Document filed by Loulise Erskine, Petra Gopfert, League of Women Voters of New York State..(Dubinsky, Gregory) Modified on 5/19/2022 (vf). |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Paul A. Engelmayer. 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..(vf) |
| ***NOTICE TO COURT REGARDING PROPOSED ORDER TO SHOW CAUSE WITH EMERGENCY RELIEF. Document No. #3 Proposed Order to Show Cause With Emergency Relief was reviewed and approved as to form. (km) |
| Magistrate Judge Robert W. Lehrburger 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. (vf) |
| Case Designated ECF. (vf) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Gregory Jacob Dubinsky to RE-FILE Document No. #12 Request for Issuance of Summons. The filing is deficient for the following reason(s): Defendant party name error. Defendant party name listed does not correspond exactly to pleading caption. 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. (vf) |
| Filing 11 STATEMENT OF RELATEDNESS re: that this action be filed as related to 22-civ-3534. Document filed by Loulise Erskine, Petra Gopfert, League of Women Voters of New York State..(Dubinsky, Gregory) |
| Filing 10 MEMORANDUM OF LAW in Support re: #3 Proposed Order to Show Cause With Emergency Relief, . Document filed by Loulise Erskine, Petra Gopfert, League of Women Voters of New York State..(Dubinsky, Gregory) |
| Filing 9 AFFIDAVIT of Katherine A. Doran in Support re: #3 Proposed Order to Show Cause With Emergency Relief,. Document filed by Loulise Erskine, Petra Gopfert, League of Women Voters of New York State..(Dubinsky, Gregory) |
| Filing 8 AFFIDAVIT of Nancy Rosenthal in Support re: #3 Proposed Order to Show Cause With Emergency Relief,. Document filed by Loulise Erskine, Petra Gopfert, League of Women Voters of New York State..(Dubinsky, Gregory) |
| Filing 7 AFFIDAVIT of Petra Gopfert in Support re: #3 Proposed Order to Show Cause With Emergency Relief,. Document filed by Loulise Erskine, Petra Gopfert, League of Women Voters of New York State..(Dubinsky, Gregory) |
| Filing 6 AFFIDAVIT of Loulise Erskine in Support. Document filed by Loulise Erskine, Petra Gopfert, League of Women Voters of New York State..(Dubinsky, Gregory) |
| Filing 5 DECLARATION of Brian T. Goldman re: #3 Proposed Order to Show Cause With Emergency Relief, . Document filed by Loulise Erskine, Petra Gopfert, League of Women Voters of New York State. (Attachments: #1 Exhibit A Copy of N.Y. State Bd. of Elections Certification for the June 28, 2022 Primary Election, dated May 5, 2022, #2 Exhibit B Copy of Dkt. No. 301, Preliminary Opinion, Harkenrider v. Hochul, No. E2022-0116CV, #3 Exhibit C Copy of Dkt. No. 409, Advisory Opinion, Harkenrider v. Hochul, No. E2022-0116CV, #4 Exhibit D Copy of Dkt. No. 524, Order, Harkenrider v. Hochul, No. E2022-0116CV, #5 Exhibit E Copy of Dkt. No. 29, Letter from N.Y.S.B.E to Hon. Lewis A. Kaplan, De Guademar v. Kosinski, No. 22-cv-3534, #6 Exhibit F Copy of Dkt. No. 9, Affidavit of Paul Nichols, Nichols v. Hochul, No. 154213/2022).(Dubinsky, Gregory) |
| Filing 4 DECLARATION of Gregory Dubinsky re: #3 Proposed Order to Show Cause With Emergency Relief, . Document filed by Loulise Erskine, Petra Gopfert, League of Women Voters of New York State..(Dubinsky, Gregory) |
| Filing 3 PROPOSED ORDER TO SHOW CAUSE WITH EMERGENCY RELIEF. Document filed by Loulise Erskine, Petra Gopfert, League of Women Voters of New York State..(Dubinsky, Gregory) Proposed Order to Show Cause to be reviewed by Clerk's Office staff. |
| Filing 2 CIVIL COVER SHEET filed..(Dubinsky, Gregory) |
| Filing 1 COMPLAINT against Anthony J. Casale, Douglas A. Kellner, Peter S. Kosinski, Andrew J. Spano, Kristen Zebrowski Stavisky, Todd D. Valentine. (Filing Fee $ 402.00, Receipt Number ANYSDC-26167320)Document filed by Loulise Erskine, Petra Gopfert, League of Women Voters of New York State..(Dubinsky, Gregory) |
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