Case: United Spinal Association v. Board of Elections in the City of New York

1:10-cv-05653 | U.S. District Court for the Southern District of New York

Filed Date: July 26, 2010

Closed Date: Jan. 10, 2020

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Case Summary

On July 26, 2010, the United Spinal Association and Disabled in Action represented by Disabled Rights Advocates filed suit in the U.S. District Court for the Southern District of New York against the Board of Elections in the City of New York under the Americans with Disabilities Act (42 U.S.C. §§ 12111 et seq.) and the Rehabilitation Act (29 U.S.C. § 794). They sought declaratory and injunctive relief, alleging that the defendants knowingly failed to fix deficiencies in accessibility at pollin…

The parties each sought summary judgment. On August 8, 2012, the District Court (Judge Deborah A. Batts) granted the plaintiff's motion for summary judgment, holding that the Board of Elections' failure to remedy the accessibility issues at various polling places across the city denied disabled voters a meaningful opportunity to participate in or benefit from the city's voting program and was in violation of both the Rehabilitation Act of 1973 and the Americans with Disabilities Act of 1990. 882 F. Supp. 2d 615. Accordingly, the judge ordered the Board of Elections to implement a program to allow voters with disabilities the ability to vote. Following an appearance by the Department of Justice, the two sides and the DOJ came to an agreement regulating the new procedure that the Board of Elections would follow to ensure that voters with disabilities had fair access to the polls. The court ruled that it would retain jurisdiction over the case to monitor compliance until December 2016, and that implementation would be overseen by Magistrate Judge Henry Pitman.

In the meantime, the City appealed to the Second Circuit Court of Appeals on November 5, 2012. The Second Circuit (Judge Carbanes, Hall, and Chin) heard oral argument on December 12, 2013 and then on May 14, 2014, the court issued its decision affirming the district court’s ruling. The court held that the plaintiffs did not need to show that any voters had been “disenfranchised” by the barriers, but only needed to show that the Board of Elections failed to provide “meaningful access” and that the Board had failed to dispute the existence of barriers. In addition, the court acknowledged the difficulty of meeting the requirements of the remedial order but concluded that injunctive relief was a reasonable remedial order, albeit one that would require prudent oversight. 752 F.3d 189.

Afterward, on February 5, 2015, the parties reached an agreement for attorney’s fees in the amount of $1.8 million which the judge confirmed on March 10, 2015. In January 2017, Judge Batts extended the court's jurisdiction over the case until December 2019. Meanwhile, the defendants continued to take measures to comply with the court’s remedial order and plaintiffs filed reports about the status of election location access. The parties hired a third-party expert to survey sites and make recommendations for alterations to meet the requirements of the remedial order.

Then, on February 14, 2017 the plaintiffs moved to join the New York Department of Education to enforce the remedial order. They did so because roughly half of all polling locations in New York are at schools, and 83% of them (according to the DOJ) were not fully accessible for people with disabilities.

On October 11, 2017, Judge Pitman issued an opinion recommending that the District Court reject the plaintiff’s motion to join the Department of Education. 2017 WL 8683672. While Judge Pitman recognized that if the Department of Education had been included at the start of litigation, it would have allowed for more complete relief to be rendered, he did not think it appropriate to join the Department without giving them a chance to defend themselves in court. On March 27, 2018, Judge Batts adopted Judge Pitt's recommendation. 2018 WL 1582231.

On April 26, 2018, the parties reached a settlement agreement as to payment of attorneys' fees for all post-judgment activity. Under the settlement, the City of New York agreed to pay Disability Rights Advocates $455,000.

On May 30, 2019, the parties filed a joint motion to reopen the case. Specifically, they asked that the court to reduce the defendant's reporting requirements. On June 11, 2019, Judge Batts granted the motion.

On November 27, 2019, the plaintiffs wrote to the court and recommended that the court allow its jurisdiction over enforcement of the remedial order to expire as scheduled on December 31, 2019. The plaintiffs agreed that the defendant was compliant with the court order and had substantially improved polling place accessibility. The defendants submitted a similar letter on December 1, 2019.

On January 10, 2020, Judge Batts acknowledged receipt of both letters and declared that the court's jurisdiction was thereby terminated. The case is now closed.

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Summary Authors

Jonathan Forman (6/30/2013)

Will McCartney (2/18/2018)

Hope Brinn (4/20/2020)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4347956/parties/united-spinal-association-v-board-of-elections-in-the-city-of-new-york/

Judge(s)

Batts, Deborah A. (New York)

Attorney for Plaintiff

Elsberry, Ronald (New York)

Kozak-Oxnard, Andrea Moody (New York)

Mintzer, Kevin Todd (New York)

Attorney for Defendant

Kitzinger, Stephen Edward (New York)

Expert/Monitor/Master/Other

Judge(s)

Batts, Deborah A. (New York)

Attorney for Plaintiff

Elsberry, Ronald (New York)

Kozak-Oxnard, Andrea Moody (New York)

Mintzer, Kevin Todd (New York)

Packrone, Seth Emmanuel (New York)

Pinover, Julia Miriam (New York)

Seaborn, Stuart John (New York)

Wang, Mariann Meier (New York)

Wolinsky, Sid (New York)

Attorney for Defendant

Kitzinger, Stephen Edward (New York)

Expert/Monitor/Master/Other

Schlesinger, Alan Maer (New York)

Attorney Contact Information via CourtListener

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Documents in the Clearinghouse

	Document
1:10-cv-05653	Docket [PACER]	Jan. 10, 2020	Jan. 10, 2020 Docket
1 1:10-cv-05653	Complaint for Injunctive and Declaratory Relief	July 26, 2010	July 26, 2010 Complaint
50 1:10-cv-05653	Order [Denying Motion for a Preliminary Injunction]	Oct. 28, 2010	Oct. 28, 2010 Order/Opinion
57 1:10-cv-05653	Order [Denying Motion to Dismiss Complaint]	Jan. 28, 2011	Jan. 28, 2011 Order/Opinion
105 1:10-cv-05653	Memorandum & Order [Granting Plaintiff's Motion for Summary Judgment and Denying Defendant's for Summary Judgment]	Aug. 8, 2012	Aug. 8, 2012 Order/Opinion 882 F.Supp.2d 615
106 1:10-cv-05653	Memorandum & Order [Withdrawing Reference to Magistrate Judge Pitman]	Aug. 8, 2012	Aug. 8, 2012 Order/Opinion
119 1:10-cv-05653	Order	Oct. 8, 2012	Oct. 8, 2012 Order/Opinion
123 1:10-cv-05653	Notice of Appeal	Oct. 26, 2012	Oct. 26, 2012 Notice Letter
127 1:10-cv-05653	Order	Jan. 28, 2013	Jan. 28, 2013 Order/Opinion
130 1:10-cv-05653	Modified Order	May 13, 2013	May 13, 2013 Order/Opinion

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/4347956/united-spinal-association-v-board-of-elections-in-the-city-of-new-york/

Last updated April 7, 2025, 1:51 p.m.

ECF Number	Description	Date	Link Date / Link
	TRANSCRIPT of proceedings held on October 27, 2010 at 11:12 a.m. before Judge Deborah A. Batts. (js)	Jan. 5, 2010	Jan. 5, 2010 PACER
1	COMPLAINT against Board of Elections in the City of New York, Julia Dent. (Filing Fee $ 350.00, Receipt Number 910469)Document filed by United Spinal Association, Disabled in Action.(ama) (ama). (Entered: 07/27/2010)	July 26, 2010	July 26, 2010 Clearinghouse
	SUMMONS ISSUED as to Board of Elections in the City of New York, Julia Dent. (ama)	July 26, 2010	July 26, 2010 PACER
	Magistrate Judge Henry B. Pitman is so designated. (ama)	July 26, 2010	July 26, 2010 PACER
	Case Designated ECF. (ama)	July 26, 2010	July 26, 2010 PACER
2	RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Disabled in Action, United Spinal Association.(ama) (ama). (Entered: 07/27/2010)	July 26, 2010	July 26, 2010 PACER
	***NOTE TO ATTORNEY TO E-MAIL PDF. Note to Attorney Julia Miriam Pinover for noncompliance with Section (14.3) of the S.D.N.Y. Electronic Case Filing Rules & Instructions. E-MAIL the PDF for Document 1 Complaint, 2 Rule 7.1 Corporate Disclosure Statement to: case_openings@nysd.uscourts.gov. (rdz)	July 28, 2010	July 28, 2010 PACER
3	AFFIDAVIT OF SERVICE. Board of Elections in the City of New York served on 8/11/2010, answer due 9/1/2010. Service was accepted by Sylvia Ancram. Document filed by United Spinal Association; Disabled in Action. (Pinover, Julia) (Entered: 08/11/2010)	Aug. 11, 2010	Aug. 11, 2010 PACER
4	AFFIDAVIT OF SERVICE. Service was accepted by Sylvia Ancram. Document filed by United Spinal Association, Disabled in Action. (Pinover, Julia) (Entered: 08/12/2010)	Aug. 12, 2010	Aug. 12, 2010 PACER
5	FILING ERROR - ELECTRONIC FILING FOR NON-ECF DOCUMENT - FIRST MOTION for Limited Admission of Sid Wolinsky (Pro Hac Vice). Document filed by Disabled in Action, United Spinal Association.(Pinover, Julia) Modified on 8/16/2010 (lb). (Entered: 08/12/2010)	Aug. 12, 2010	Aug. 12, 2010 PACER
6	MOTION for Sid Wolinsky to Appear Pro Hac Vice. Document filed by Disabled in Action, United Spinal Association.(mbe) (Entered: 08/16/2010)	Aug. 13, 2010	Aug. 13, 2010 PACER
	CASHIERS OFFICE REMARK on 6 Motion to Appear Pro Hac Vice in the amount of $25.00, paid on 08/13/2010, Receipt Number 911862. (jd)	Aug. 17, 2010	Aug. 17, 2010 PACER
7	NOTICE OF APPEARANCE by Stephen Edward Kitzinger on behalf of Board of Elections in the City of New York, Julia Dent (Kitzinger, Stephen) (Entered: 08/19/2010)	Aug. 19, 2010	Aug. 19, 2010 PACER
8	ENDORSED LETTER addressed to Judge Deborah A. Batts from Stephen Kitzinger, dated 8/20/10 re: Counsel to defendants request a 30-day extension of time until September 27, 2010 to respond to the complaint. ENDORSEMENT: Granted. Board of Elections in the City of New York answer due 9/27/2010; Julia Dent answer due 9/27/2010. (Signed by Judge Deborah A. Batts on 8/24/10) (djc) Modified on 8/27/2010 (djc). (Entered: 08/25/2010)	Aug. 24, 2010	Aug. 24, 2010 PACER
9	MOTION for Ronald Elsberry to Appear Pro Hac Vice. Document filed by Disabled in Action, United Spinal Association.(mbe) (Entered: 08/30/2010)	Aug. 26, 2010	Aug. 26, 2010 PACER
10	ORDER FOR ADMISSION PRO HAC VICE ON WRITTEN MOTION granting 9 Motion for Ronald Elsberry to Appear Pro Hac Vice for Plaintiffs. (Signed by Judge Deborah A. Batts on 9/2/2010) (tro) (Entered: 09/02/2010)	Sept. 2, 2010	Sept. 2, 2010 PACER
	CASHIERS OFFICE REMARK on 9 Motion to Appear Pro Hac Vice in the amount of $25.00, paid on 08/26/2010, Receipt Number 913053. (jd)	Sept. 7, 2010	Sept. 7, 2010 PACER
11	ORDER FOR ADMISSION PRO HAC VICE ON WRITTEN MOTION granting 6 Motion for Sid Wolinsky to Appear Pro Hac Vice. Counsel shall forward the pro hac vice fee to the Clerk of Court. (Signed by Judge Deborah A. Batts on 9/15/10) (djc) (Entered: 09/15/2010)	Sept. 15, 2010	Sept. 15, 2010 PACER
12	ORDER TO SHOW CAUSE filed by Disabled in Action, United Spinal Association. Defendants Board of Elections in the City of NY and Julie Dent, in her official capacity as its President shall show cause as to why pursuant to Rule 65 of the Federal Rules of Civil Procedure, enter an order pending final resolution of this action. Show Cause Hearing set for 10/20/2010 at 11:00 AM in Courtroom 24B, 500 Pearl Street, New York, NY 10007 before Judge Deborah A. Batts. Sufficient cause having been shown, service of this Order to Show Cause, together with the papers on which it was granted, will be deemed good and sufficient service if made by personal delivery on counsel for Defendants, on or before 4:00 p.m. on September 29, 2010; Any papers in opposition to the application for preliminary injunctive relief shall be served on Plaintiffs' counsel and on this Court on or before 4:00 p.m. on October 12, 2010; (Signed by Judge Deborah A. Batts on 9/28/10) (djc) (Entered: 09/29/2010)	Sept. 28, 2010	Sept. 28, 2010 PACER
13	FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - FIRST MOTION for Preliminary Injunction. Document filed by Disabled in Action, United Spinal Association. (Attachments: # 1 Text of Proposed Order, # 2 Text of Proposed Order)(Pinover, Julia) Modified on 10/1/2010 (db). (Entered: 09/29/2010) 1 Text of Proposed Order View on PACER 2 Text of Proposed Order View on PACER	Sept. 29, 2010	Sept. 29, 2010 PACER
14	FILING ERROR - DEFICIENT DOCKET ENTRY - DECLARATION of Gisell Claudio in Support re: 13 FIRST MOTION for Preliminary Injunction. Document filed by Disabled in Action, United Spinal Association. (Attachments: # 1 Exhibit)(Pinover, Julia) Modified on 10/1/2010 (db). (Entered: 09/29/2010) 1 Exhibit View on PACER	Sept. 29, 2010	Sept. 29, 2010 PACER
15	FILING ERROR - DEFICIENT DOCKET ENTRY - DECLARATION of Henry Lee in Support re: 13 FIRST MOTION for Preliminary Injunction. Document filed by Disabled in Action, United Spinal Association. (Attachments: # 1 Exhibit, # 2 Exhibit)(Pinover, Julia) Modified on 10/1/2010 (db). (Entered: 09/29/2010) 1 Exhibit View on PACER 2 Exhibit View on PACER	Sept. 29, 2010	Sept. 29, 2010 PACER
16	FILING ERROR - DEFICIENT DOCKET ENTRY - DECLARATION of Linda Ostreicher in Support re: 13 FIRST MOTION for Preliminary Injunction. Document filed by Disabled in Action, United Spinal Association. (Attachments: # 1 Exhibit, # 2 Exhibit)(Pinover, Julia) Modified on 10/1/2010 (db). (Entered: 09/29/2010) 1 Exhibit View on PACER 2 Exhibit View on PACER	Sept. 29, 2010	Sept. 29, 2010 PACER
17	FILING ERROR - DEFICIENT DOCKET ENTRY - DECLARATION of Rima McCoy in Support re: 13 FIRST MOTION for Preliminary Injunction. Document filed by Disabled in Action, United Spinal Association. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit)(Pinover, Julia) Modified on 10/1/2010 (db). (Entered: 09/29/2010) 1 Exhibit View on PACER 2 Exhibit View on PACER 3 Exhibit View on PACER 4 Exhibit View on PACER 5 Exhibit View on PACER 6 Exhibit View on PACER 7 Exhibit View on PACER	Sept. 29, 2010	Sept. 29, 2010 PACER
18	FILING ERROR - DEFICIENT DOCKET ENTRY - DECLARATION of Michael Collins in Support re: 13 FIRST MOTION for Preliminary Injunction. Document filed by Disabled in Action, United Spinal Association. (Attachments: # 1 Exhibit)(Pinover, Julia) Modified on 10/1/2010 (db). (Entered: 09/29/2010) 1 Exhibit View on PACER	Sept. 29, 2010	Sept. 29, 2010 PACER
19	FILING ERROR - DEFICIENT DOCKET ENTRY - DECLARATION of Pat Bianchi in Support re: 13 FIRST MOTION for Preliminary Injunction. Document filed by Disabled in Action, United Spinal Association. (Attachments: # 1 Exhibit)(Pinover, Julia) Modified on 10/1/2010 (db). (Entered: 09/29/2010) 1 Exhibit View on PACER	Sept. 29, 2010	Sept. 29, 2010 PACER
20	FILING ERROR - DEFICIENT DOCKET ENTRY - DECLARATION of Philip Dyson in Support re: 13 FIRST MOTION for Preliminary Injunction. Document filed by Disabled in Action, United Spinal Association. (Pinover, Julia) Modified on 10/1/2010 (db). (Entered: 09/29/2010)	Sept. 29, 2010	Sept. 29, 2010 PACER
21	FILING ERROR - DEFICIENT DOCKET ENTRY - DECLARATION of Celine Perez in Support re: 13 FIRST MOTION for Preliminary Injunction. Document filed by Disabled in Action, United Spinal Association. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit)(Pinover, Julia) Modified on 10/1/2010 (db). (Entered: 09/29/2010) 1 Exhibit View on PACER 2 Exhibit View on PACER 3 Exhibit View on PACER	Sept. 29, 2010	Sept. 29, 2010 PACER
22	FILING ERROR - DEFICIENT DOCKET ENTRY - AFFIDAVIT of Julia Pinover in Support re: 13 FIRST MOTION for Preliminary Injunction. Document filed by Disabled in Action, United Spinal Association. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit)(Pinover, Julia) Modified on 10/1/2010 (db). (Entered: 09/29/2010) 1 Exhibit View on PACER 2 Exhibit View on PACER 3 Exhibit View on PACER 4 Exhibit View on PACER 5 Exhibit View on PACER 6 Exhibit View on PACER 7 Exhibit View on PACER 8 Exhibit View on PACER	Sept. 29, 2010	Sept. 29, 2010 PACER
23	FILING ERROR - DEFICIENT DOCKET ENTRY - SECOND MEMORANDUM OF LAW in Support re: 13 FIRST MOTION for Preliminary Injunction. Document filed by Disabled in Action, United Spinal Association. (Attachments: # 1 Text of Proposed Order)(Pinover, Julia) Modified on 10/1/2010 (db). (Entered: 09/29/2010) 1 Text of Proposed Order View on PACER	Sept. 29, 2010	Sept. 29, 2010 PACER
24	FILING ERROR - DEFICIENT DOCKET ENTRY - DECLARATION of Jen Halbert in Support re: 13 FIRST MOTION for Preliminary Injunction. Document filed by Disabled in Action, United Spinal Association. (Pinover, Julia) Modified on 10/1/2010 (db). (Entered: 09/29/2010)	Sept. 29, 2010	Sept. 29, 2010 PACER
25	FILING ERROR - DEFICIENT DOCKET ENTRY - DECLARATION of Rima McCoy in Support re: 13 FIRST MOTION for Preliminary Injunction. Document filed by Disabled in Action, United Spinal Association. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Pinover, Julia) Modified on 10/1/2010 (db). (Entered: 09/29/2010) 1 Exhibit A View on PACER 2 Exhibit B View on PACER	Sept. 29, 2010	Sept. 29, 2010 PACER
26	FILING ERROR - DEFICIENT DOCKET ENTRY - DECLARATION of Andrew D. Schwarz in Support re: 13 FIRST MOTION for Preliminary Injunction. Document filed by Disabled in Action, United Spinal Association. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6)(Pinover, Julia) Modified on 10/1/2010 (db). (Entered: 09/29/2010) 1 Exhibit 1 View on PACER 2 Exhibit 2 View on PACER 3 Exhibit 3 View on PACER 4 Exhibit 4 View on PACER 5 Exhibit 5 View on PACER 6 Exhibit 6 View on PACER	Sept. 29, 2010	Sept. 29, 2010 PACER
27	FILING ERROR - DEFICIENT DOCKET ENTRY - DECLARATION of Michael Waterstone in Support re: 13 FIRST MOTION for Preliminary Injunction.. Document filed by Disabled in Action, United Spinal Association. (Attachments: # 1 Exhibit A)(Pinover, Julia) Modified on 10/1/2010 (db). (Entered: 09/29/2010) 1 Exhibit A View on PACER	Sept. 29, 2010	Sept. 29, 2010 PACER
	*NOTE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Note to Attorney Julia Miriam Pinover to RE-FILE Document 13 FIRST MOTION for Preliminary Injunction. Use the event type Memorandum in Support of Motion found under the event list Replies, Opposition and Supporting Documents. NOTE TO ATTORNEY** - The Document that is Attachment #1 to this Memorandum IS THE MOTION FOR A PRELIMINARY INJUNCTION. Re-File that Document as the Motion first, then file and link all supporting documents. (db)	Sept. 29, 2010	Sept. 29, 2010 PACER
	***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Note to Attorney Julia Miriam Pinover to RE-FILE Document 23 Memorandum of Law in Support of Motion, 19 Declaration in Support of Motion, 16 Declaration in Support of Motion, 27 Declaration in Support of Motion, 18 Declaration in Support of Motion, 26 Declaration in Support of Motion, 21 Declaration in Support of Motion, 20 Declaration in Support of Motion, 17 Declaration in Support of Motion, 15 Declaration in Support of Motion, 22 Affidavit in Support of Motion, 24 Declaration in Support of Motion, 25 Declaration in Support of Motion, 14 Declaration in Support of Motion. ERROR(S): Supporting Documents must be linked to the Correct Motion. (db)	Sept. 29, 2010	Sept. 29, 2010 PACER
28	FIRST MOTION for Preliminary Injunction. Document filed by Disabled in Action, United Spinal Association. (Attachments: # 1 Text of Proposed Order)(Pinover, Julia) (Entered: 10/01/2010) 1 Text of Proposed Order View on PACER	Oct. 1, 2010	Oct. 1, 2010 PACER
29	FIRST MEMORANDUM OF LAW in Support re: 28 FIRST MOTION for Preliminary Injunction.. Document filed by Disabled in Action, United Spinal Association. (Pinover, Julia) (Entered: 10/01/2010)	Oct. 1, 2010	Oct. 1, 2010 PACER
30	AFFIDAVIT of Julia Pinover in Support re: 28 FIRST MOTION for Preliminary Injunction.. Document filed by Disabled in Action, United Spinal Association. (Attachments: # 1 Exhibit A, # 2 Exhibit B (Part 1), # 3 Exhibit B (Part 2), # 4 Exhibit B (Part 3), # 5 Exhibit B (Part 4), # 6 Exhibit B (Part 5), # 7 Exhibit C, # 8 Exhibit D)(Pinover, Julia) (Entered: 10/01/2010) 1 Exhibit A View on PACER 2 Exhibit B (Part 1) View on PACER 3 Exhibit B (Part 2) View on PACER 4 Exhibit B (Part 3) View on PACER 5 Exhibit B (Part 4) View on PACER 6 Exhibit B (Part 5) View on PACER 7 Exhibit C View on PACER 8 Exhibit D View on PACER	Oct. 1, 2010	Oct. 1, 2010 PACER
31	DECLARATION of Celine Perez in Support re: 28 FIRST MOTION for Preliminary Injunction.. Document filed by Disabled in Action, United Spinal Association. (Attachments: # 1 Exhibit A (Excerpt), # 2 Exhibit B, # 3 Errata C (Excerpt))(Pinover, Julia) (Entered: 10/01/2010) 1 Exhibit A (Excerpt) View on PACER 2 Exhibit B View on PACER 3 Errata C (Excerpt) View on PACER	Oct. 1, 2010	Oct. 1, 2010 PACER
32	DECLARATION of Philip Dyson in Support re: 28 FIRST MOTION for Preliminary Injunction.. Document filed by Disabled in Action, United Spinal Association. (Pinover, Julia) (Entered: 10/01/2010)	Oct. 1, 2010	Oct. 1, 2010 PACER
33	DECLARATION of Pat Bianchi in Support re: 28 FIRST MOTION for Preliminary Injunction.. Document filed by Disabled in Action, United Spinal Association. (Attachments: # 1 Exhibit A)(Pinover, Julia) (Entered: 10/01/2010) 1 Exhibit A View on PACER	Oct. 1, 2010	Oct. 1, 2010 PACER
34	DECLARATION of Michael C. Collins in Support re: 28 FIRST MOTION for Preliminary Injunction.. Document filed by Disabled in Action, United Spinal Association. (Attachments: # 1 Exhibit A)(Pinover, Julia) (Entered: 10/01/2010) 1 Exhibit A View on PACER	Oct. 1, 2010	Oct. 1, 2010 PACER
35	DECLARATION of Rima McCoy in Support re: 28 FIRST MOTION for Preliminary Injunction.. Document filed by Disabled in Action, United Spinal Association. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G)(Pinover, Julia) (Entered: 10/01/2010) 1 Exhibit A View on PACER 2 Exhibit B View on PACER 3 Exhibit C View on PACER 4 Exhibit D View on PACER 5 Exhibit E View on PACER 6 Exhibit F View on PACER 7 Exhibit G View on PACER	Oct. 1, 2010	Oct. 1, 2010 PACER
36	DECLARATION of Linda Ostreicher in Support re: 28 FIRST MOTION for Preliminary Injunction.. Document filed by Disabled in Action, United Spinal Association. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Pinover, Julia) (Entered: 10/01/2010) 1 Exhibit A View on PACER 2 Exhibit B View on PACER	Oct. 1, 2010	Oct. 1, 2010 PACER
37	DECLARATION of Henry Lee in Support re: 28 FIRST MOTION for Preliminary Injunction.. Document filed by Disabled in Action, United Spinal Association. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Pinover, Julia) (Entered: 10/01/2010) 1 Exhibit A View on PACER 2 Exhibit B View on PACER	Oct. 1, 2010	Oct. 1, 2010 PACER
38	DECLARATION of Gisell Claudio in Support re: 28 FIRST MOTION for Preliminary Injunction.. Document filed by Disabled in Action, United Spinal Association. (Attachments: # 1 Exhibit A)(Pinover, Julia) (Entered: 10/01/2010) 1 Exhibit A View on PACER	Oct. 1, 2010	Oct. 1, 2010 PACER
39	SECOND MEMORANDUM OF LAW in Support re: 28 FIRST MOTION for Preliminary Injunction. Supplemental Submission of Fact. Document filed by Disabled in Action, United Spinal Association. (Pinover, Julia) (Entered: 10/01/2010)	Oct. 1, 2010	Oct. 1, 2010 PACER
40	DECLARATION of Michael Waterstone in Support re: 28 FIRST MOTION for Preliminary Injunction.. Document filed by Disabled in Action, United Spinal Association. (Attachments: # 1 Exhibit A)(Pinover, Julia) (Entered: 10/01/2010) 1 Exhibit A View on PACER	Oct. 1, 2010	Oct. 1, 2010 PACER
41	DECLARATION of Andrew D. Schwarz in Support re: 28 FIRST MOTION for Preliminary Injunction.. Document filed by Disabled in Action, United Spinal Association. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Errata 6)(Pinover, Julia) (Entered: 10/01/2010) 1 Exhibit 1 View on PACER 2 Exhibit 2 View on PACER 3 Exhibit 3 View on PACER 4 Exhibit 4 View on PACER 5 Exhibit 5 View on PACER 6 Errata 6 View on PACER	Oct. 1, 2010	Oct. 1, 2010 PACER
42	DECLARATION of Rima McCoy (Supplemental) in Support re: 28 FIRST MOTION for Preliminary Injunction.. Document filed by Disabled in Action, United Spinal Association. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Pinover, Julia) (Entered: 10/01/2010) 1 Exhibit A View on PACER 2 Exhibit B View on PACER	Oct. 1, 2010	Oct. 1, 2010 PACER
43	DECLARATION of Jen Halbert in Support re: 28 FIRST MOTION for Preliminary Injunction.. Document filed by Disabled in Action, United Spinal Association. (Pinover, Julia) (Entered: 10/01/2010)	Oct. 1, 2010	Oct. 1, 2010 PACER
44	SECOND MEMORANDUM OF LAW in Support re: 28 FIRST MOTION for Preliminary Injunction. Renewed Motion and Supplemental Submission of Fact. Document filed by Disabled in Action, United Spinal Association. (Attachments: # 1 Text of Proposed Order Amended Proposed OSC)(Pinover, Julia) (Entered: 10/01/2010) 1 Text of Proposed Order Amended Proposed OSC View on PACER	Oct. 1, 2010	Oct. 1, 2010 PACER
45	ENDORSED LETTER addressed to Judge Deborah A. Batts from Stephen Kitzinger dated 9/28/10 re: Request for a 30 day extension of time to respond to the complaint. ENDORSEMENT: Denied. SO ORDERED. (Signed by Judge Deborah A. Batts on 10/5/10) (db) (Entered: 10/05/2010)	Oct. 5, 2010	Oct. 5, 2010 PACER
46	NOTICE of Errata. Document filed by Disabled in Action, United Spinal Association. (Attachments: # 1 Errata Complete Exhibit B to Rima McCoy's Supplemental Declaration in Support of Preliminary Injunction)(Pinover, Julia) (Entered: 10/08/2010) 1 Errata Complete Exhibit B to Rima McCoy's Supplemental Declaration in Suppo View on PACER	Oct. 8, 2010	Oct. 8, 2010 PACER
47	MEMORANDUM OF LAW in Opposition re: 28 FIRST MOTION for Preliminary Injunction.. Document filed by Board of Elections in the City of New York, Julia Dent. (Kitzinger, Stephen) (Entered: 10/12/2010)	Oct. 12, 2010	Oct. 12, 2010 PACER
48	DECLARATION of Stephen Kitzinger in Opposition re: 28 FIRST MOTION for Preliminary Injunction.. Document filed by Board of Elections in the City of New York, Julia Dent. (Kitzinger, Stephen) (Entered: 10/12/2010)	Oct. 12, 2010	Oct. 12, 2010 PACER
49	AMENDED MEMORANDUM OF LAW in Opposition re: 28 FIRST MOTION for Preliminary Injunction.. Document filed by Board of Elections in the City of New York, Julia Dent. (Kitzinger, Stephen) (Entered: 10/13/2010)	Oct. 13, 2010	Oct. 13, 2010 PACER
50	ORDER: At this stage of the proceeding, Plaintiffs have not met their burden of showing a substantial or clear likelihood of success on the merits. The Plaintiffs' Motion for a Preliminary Injunction must therefore be DENIED. (Signed by Judge Deborah A. Batts on 10/28/2010) (jfe) (Entered: 10/28/2010)	Oct. 28, 2010	Oct. 28, 2010 Clearinghouse
51	TRANSCRIPT of proceedings held on October 27, 2010 at 11:12 a.m. before Judge Deborah A. Batts. (js) (Entered: 11/09/2010)	Nov. 5, 2010	Nov. 5, 2010 PACER
52	TRANSCRIPT of proceedings held on October 20, 2010 at 11:15 a.m. before Judge Deborah A. Batts. (js) (Entered: 11/10/2010)	Nov. 5, 2010	Nov. 5, 2010 PACER
53	NOTICE of Unavailability of Counsel. Document filed by Disabled in Action, United Spinal Association. (Pinover, Julia) (Entered: 11/24/2010)	Nov. 24, 2010	Nov. 24, 2010 PACER
54	ORDER: To date, no Answer has been filed nor further request for extension made, and the Court is at a loss for words to describe the kind of default Defendants now find themselves in. Within 20 days of the date of this Order, Defendants shall file an Answer. There shall be no extensions. Should Defendants fail to file their Answer as directed, the Plaintiffs may make appropriate motions. (Signed by Judge Deborah A. Batts on 1/6/2011) (jpo) (Entered: 01/07/2011)	Jan. 6, 2011	Jan. 6, 2011 PACER
55	MOTION to Dismiss. Document filed by Board of Elections in the City of New York, Julia Dent. Responses due by 2/7/2011(Kitzinger, Stephen) (Entered: 01/24/2011)	Jan. 24, 2011	Jan. 24, 2011 PACER
56	MEMORANDUM OF LAW in Support re: 55 MOTION to Dismiss.. Document filed by Board of Elections in the City of New York, Julia Dent. (Kitzinger, Stephen) (Entered: 01/24/2011)	Jan. 24, 2011	Jan. 24, 2011 PACER
57	ORDER: Defendants' Motion to Dismiss the Complaint is DENIED. Defendants are Ordered to Answer the Complaint within 20 days of the date of this Order. ORDER denying 55 Motion to Dismiss. (Signed by Judge Deborah A. Batts on 1/28/11) (db) (Entered: 01/28/2011)	Jan. 28, 2011	Jan. 28, 2011 Clearinghouse
58	ANSWER to Complaint with JURY DEMAND. Document filed by Board of Elections in the City of New York, Julia Dent.(Kitzinger, Stephen) (Entered: 02/16/2011)	Feb. 16, 2011	Feb. 16, 2011 PACER
	***DELETED DOCUMENT. Deleted document number 59 ORDER. The document was incorrectly filed in this case. (lnl)	Feb. 25, 2011	Feb. 25, 2011 PACER
59	NOTICE OF APPEARANCE by Mariann Meier Wang on behalf of Disabled in Action, United Spinal Association (Wang, Mariann) (Entered: 03/01/2011)	March 1, 2011	March 1, 2011 PACER
60	NOTICE OF APPEARANCE by Kevin Todd Mintzer on behalf of Disabled in Action, United Spinal Association (Mintzer, Kevin) (Entered: 03/02/2011)	March 2, 2011	March 2, 2011 PACER
61	SCHEDULING ORDER: This trial is to be tried to a jury. Estimated trial time is 5-10 days. Discovery due by 12/16/2011. Status Conference set for 1/27/2012 at 11:30 AM before Judge Deborah A. Batts. (Signed by Judge Deborah A. Batts on 3/18/2011) (jpo) (Entered: 03/18/2011)	March 18, 2011	March 18, 2011 PACER
62	NOTICE OF CHANGE OF ADDRESS by Mariann Meier Wang on behalf of Disabled in Action, United Spinal Association. New Address: Cuti Hecker Wang LLP, 154 Grand Street, New York, NY, United States 10013, 646-205-3643. (Wang, Mariann) (Entered: 05/02/2011)	May 2, 2011	May 2, 2011 PACER
63	MOTION for Stuart Seaborn to Appear Pro Hac Vice. Document filed by Disabled in Action, United Spinal Association.(wb) (pgu). (Entered: 10/24/2011)	Oct. 21, 2011	Oct. 21, 2011 PACER
	CASHIERS OFFICE REMARK on 63 Motion to Appear Pro Hac Vice in the amount of $200.00, paid on 10/21/2011, Receipt Number 1019858. (jd)	Oct. 25, 2011	Oct. 25, 2011 PACER
64	ORDER FOR ADMISSION PRO HAC VICE granting 63 Motion for Stuart Seaborn to Appear Pro Hac Vice as counsel for Plaintiffs. (Signed by Judge Deborah A. Batts on 11/7/2011) (ab) (Entered: 11/16/2011)	Nov. 16, 2011	Nov. 16, 2011 PACER
65	AMENDED SCHEDULING ORDER:Dispositive Motions due by 3/16/2012. Responses due by 4/13/2012 Replies due by 4/27/2012. Non-Expert Discovery due by 1/27/2012 and letters re intent to make bases for SJ motion sent to Court by 229/2012. (Signed by Judge Deborah A. Batts on 12/14/2011) (cd) (Entered: 12/14/2011)	Dec. 14, 2011	Dec. 14, 2011 PACER
66	ENDORSED LETTER addressed to Judge Deborah A. Batts from Julia Pinover dated 1/11/2012 re: Counsel for the plaintiffs request a pre-motion conference concerning Defendants' failure to timely respond to Plaintiffs document requests, Plaintiffs' proposed motion for class certification, and Plaintiffs proposed motion for leave to amend the complaint. ENDORSEMENT: Proposed motions are DENIED at this time pending resolution of motions for summary judgment. (Signed by Judge Deborah A. Batts on 2/1/2012) (ft) (Entered: 02/01/2012)	Feb. 1, 2012	Feb. 1, 2012 PACER
67	MOTION for Partial Summary Judgment. Document filed by Disabled in Action, United Spinal Association. Responses due by 4/13/2012(Seaborn, Stuart) (Entered: 03/16/2012)	March 16, 2012	March 16, 2012 PACER
68	MEMORANDUM OF LAW in Support re: 67 MOTION for Partial Summary Judgment.. Document filed by Disabled in Action, United Spinal Association. (Seaborn, Stuart) (Entered: 03/16/2012)	March 16, 2012	March 16, 2012 PACER
69	RULE 56.1 STATEMENT. Document filed by Disabled in Action, United Spinal Association. (Seaborn, Stuart) (Entered: 03/16/2012)	March 16, 2012	March 16, 2012 PACER
70	DECLARATION of Stuart Seaborn in Support re: 67 MOTION for Partial Summary Judgment.. Document filed by Disabled in Action, United Spinal Association. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M, # 14 Exhibit N, # 15 Exhibit O)(Seaborn, Stuart) (Entered: 03/16/2012) 1 Exhibit A View on PACER 2 Exhibit B View on PACER 3 Exhibit C View on PACER 4 Exhibit D View on PACER 5 Exhibit E View on PACER 6 Exhibit F View on PACER 7 Exhibit G View on PACER 8 Exhibit H View on PACER 9 Exhibit I View on PACER 10 Exhibit J View on PACER 11 Exhibit K View on PACER 12 Exhibit L View on PACER 13 Exhibit M View on PACER 14 Exhibit N View on PACER 15 Exhibit O View on PACER	March 16, 2012	March 16, 2012 PACER
71	DECLARATION of Rima McCoy in Support re: 67 MOTION for Partial Summary Judgment.. Document filed by Disabled in Action, United Spinal Association. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L)(Seaborn, Stuart) (Entered: 03/16/2012) 1 Exhibit A View on PACER 2 Exhibit B View on PACER 3 Exhibit C View on PACER 4 Exhibit D View on PACER 5 Exhibit E View on PACER 6 Exhibit F View on PACER 7 Exhibit G View on PACER 8 Exhibit H View on PACER 9 Exhibit I View on PACER 10 Exhibit J View on PACER 11 Exhibit K View on PACER 12 Exhibit L View on PACER	March 16, 2012	March 16, 2012 PACER
72	DECLARATION of James Weisman in Support re: 67 MOTION for Partial Summary Judgment.. Document filed by Disabled in Action, United Spinal Association. (Seaborn, Stuart) (Entered: 03/16/2012)	March 16, 2012	March 16, 2012 PACER
73	DECLARATION of Paula Wolff in Support re: 67 MOTION for Partial Summary Judgment.. Document filed by Disabled in Action, United Spinal Association. (Seaborn, Stuart) (Entered: 03/16/2012)	March 16, 2012	March 16, 2012 PACER
74	DECLARATION of Denise McQuade in Support re: 67 MOTION for Partial Summary Judgment.. Document filed by Disabled in Action, United Spinal Association. (Seaborn, Stuart) (Entered: 03/16/2012)	March 16, 2012	March 16, 2012 PACER
75	DECLARATION of Mae Carbajosa in Support re: 67 MOTION for Partial Summary Judgment.. Document filed by Disabled in Action, United Spinal Association. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M, # 14 Exhibit N)(Seaborn, Stuart) (Entered: 03/16/2012) 1 Exhibit A View on PACER 2 Exhibit B View on PACER 3 Exhibit C View on PACER 4 Exhibit D View on PACER 5 Exhibit E View on PACER 6 Exhibit F View on PACER 7 Exhibit G View on PACER 8 Exhibit H View on PACER 9 Exhibit I View on PACER 10 Exhibit J View on PACER 11 Exhibit K View on PACER 12 Exhibit L View on PACER 13 Exhibit M View on PACER 14 Exhibit N View on PACER	March 16, 2012	March 16, 2012 PACER
76	DECLARATION of Celine Perez in Support re: 67 MOTION for Partial Summary Judgment.. Document filed by Disabled in Action, United Spinal Association. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J)(Seaborn, Stuart) (Entered: 03/16/2012) 1 Exhibit A View on PACER 2 Exhibit B View on PACER 3 Exhibit C View on PACER 4 Exhibit D View on PACER 5 Exhibit E View on PACER 6 Exhibit F View on PACER 7 Exhibit G View on PACER 8 Exhibit H View on PACER 9 Exhibit I View on PACER 10 Exhibit J View on PACER	March 16, 2012	March 16, 2012 PACER
77	DECLARATION of Ramon Santos in Support re: 67 MOTION for Partial Summary Judgment.. Document filed by Disabled in Action, United Spinal Association. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H)(Seaborn, Stuart) (Entered: 03/16/2012) 1 Exhibit A View on PACER 2 Exhibit B View on PACER 3 Exhibit C View on PACER 4 Exhibit D View on PACER 5 Exhibit E View on PACER 6 Exhibit F View on PACER 7 Exhibit G View on PACER 8 Exhibit H View on PACER	March 16, 2012	March 16, 2012 PACER
78	DECLARATION of Michael Waterstone in Support re: 67 MOTION for Partial Summary Judgment.. Document filed by Disabled in Action, United Spinal Association. (Attachments: # 1 Exhibit A)(Seaborn, Stuart) (Entered: 03/16/2012) 1 Exhibit A View on PACER	March 16, 2012	March 16, 2012 PACER
79	DECLARATION of Andrew Schwarz in Support re: 67 MOTION for Partial Summary Judgment.. Document filed by Disabled in Action, United Spinal Association. (Attachments: # 1 Exhibit 1-12C, # 2 Exhibit Sources Relied Upon, # 3 Exhibit Texts Relied Upon)(Seaborn, Stuart) (Entered: 03/16/2012) 1 Exhibit 1-12C View on PACER 2 Exhibit Sources Relied Upon View on PACER 3 Exhibit Texts Relied Upon View on PACER	March 16, 2012	March 16, 2012 PACER
80	MOTION Request for Judicial Notice re: 67 MOTION for Partial Summary Judgment.. Document filed by Disabled in Action, United Spinal Association. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9)(Seaborn, Stuart) (Entered: 03/16/2012) 1 Exhibit 1 View on PACER 2 Exhibit 2 View on PACER 3 Exhibit 3 View on PACER 4 Exhibit 4 View on PACER 5 Exhibit 5 View on PACER 6 Exhibit 6 View on PACER 7 Exhibit 7 View on PACER 8 Exhibit 8 View on PACER 9 Exhibit 9 View on PACER	March 16, 2012	March 16, 2012 PACER
81	MOTION for Summary Judgment. Document filed by Board of Elections in the City of New York, Julia Dent. Responses due by 4/13/2012 Return Date set for 4/27/2012 at 09:30 AM.(Kitzinger, Stephen) (Entered: 03/16/2012)	March 16, 2012	March 16, 2012 PACER
82	RULE 56.1 STATEMENT. Document filed by Board of Elections in the City of New York, Julia Dent. (Kitzinger, Stephen) (Entered: 03/16/2012)	March 16, 2012	March 16, 2012 PACER
83	DECLARATION of John P. O'Grady in Support re: 81 MOTION for Summary Judgment.. Document filed by Board of Elections in the City of New York, Julia Dent. (Kitzinger, Stephen) (Entered: 03/16/2012)	March 16, 2012	March 16, 2012 PACER
84	DECLARATION of Stephen Thompson in Support re: 81 MOTION for Summary Judgment.. Document filed by Board of Elections in the City of New York, Julia Dent. (Kitzinger, Stephen) (Entered: 03/16/2012)	March 16, 2012	March 16, 2012 PACER
85	DECLARATION of Stephen Kitzinger in Support re: 81 MOTION for Summary Judgment.. Document filed by Board of Elections in the City of New York, Julia Dent. (Kitzinger, Stephen) (Entered: 03/16/2012)	March 16, 2012	March 16, 2012 PACER
86	MEMORANDUM OF LAW in Support re: 81 MOTION for Summary Judgment.. Document filed by Board of Elections in the City of New York, Julia Dent. (Kitzinger, Stephen) (Entered: 03/16/2012)	March 16, 2012	March 16, 2012 PACER
87	ENDORSED LETTER addressed to Judge Deborah A. Batts from Julia Pinover dated 4/12/2012 re: Request for extension of the briefing schedule. ENDORSEMENT: Both parties are granted a two-week extension of the briefing schedule. So ordered. (Signed by Judge Deborah A. Batts on 4/12/2012) (rjm) (Entered: 04/12/2012)	April 12, 2012	April 12, 2012 PACER
88	ENDORSED LETTER: addressed to Judge Deborah A. Batts from Stephen Kitzinger dated 4/23/2012 re: write to request a second two-week extension of the briefing schedule for plaintiffs' motion for partial summary judgment, which extension would make defendants' opposition due on May 11th, and plaintiffs' reply, if any, due on May 25th. Plaintiffs' counsel declined to consent to this request stating that. ENDORSEMENT: Denied. So Ordered. (Signed by Judge Deborah A. Batts on 4/24/2012) (js) Modified on 4/26/2012 (tro). (Entered: 04/24/2012)	April 24, 2012	April 24, 2012 PACER
89	MEMORANDUM OF LAW in Opposition re: 81 MOTION for Summary Judgment.. Document filed by Disabled in Action, United Spinal Association. (Wolinsky, Sid) (Entered: 04/27/2012)	April 27, 2012	April 27, 2012 PACER