Case: Jones v. United States Postal Service

1:20-cv-06516 | U.S. District Court for the Southern District of New York

Filed Date: Aug. 17, 2020

Case Ongoing

Clearinghouse coding complete

Case Summary

This is a case about voting by mail during the 2020 election. On June 15, 2020, a former campaign donor to President Donald Trump was confirmed as the Postmaster General of the United States Postal Service. The plaintiffs here are individual candidates for public office and voters who planned to vote by mail in the November 2020 general election because of the COVID-19 pandemic. The litigation stems from the new Postmaster’s July 2020 policy changes, which the plaintiffs alleged could cause bal…

This is a case about voting by mail during the 2020 election. On June 15, 2020, a former campaign donor to President Donald Trump was confirmed as the Postmaster General of the United States Postal Service. The plaintiffs here are individual candidates for public office and voters who planned to vote by mail in the November 2020 general election because of the COVID-19 pandemic. The litigation stems from the new Postmaster’s July 2020 policy changes, which the plaintiffs alleged could cause ballots cast by mail not to be counted in the November election. The policy changes at the USPS included “(1) a prohibition on overtime, (2) a ban on late or extra trips even if deliveries are not fully completed, (3) a hiring freeze, (3) a policy titled ‘Expedited to Street/Afternoon Sortation’ (‘ESAS’) under which carriers are to spend minimal time in the office before departing and are prohibited from sorting mail until the afternoon when they have returned, and (4) widespread equipment reduction, removal, or destruction.” 

On August 17, 2020, the plaintiffs sued the United States Postal Service, the Postmaster General, and the President in the U.S. District Court for the Southern District of New York. Represented by private counsel, the plaintiffs brought claims under 42 U.S.C. § 1983 alleging the policy changes violated their First Amendment right to vote and Fifth Amendment equal protection right for elections to abide by the “one person, one vote” principle. The plaintiffs sought declaratory relief, injunctions requiring the Postal Service to reverse its policy changes and to take all steps necessary to timely deliver all election mail, and attorneys’ fees. The plaintiffs moved for a preliminary injunction consisting of that relief on September 2, 2020. A week later, on September 9, the plaintiffs amended their complaint to bring the Fifth Amendment claims directly against the federal defendants via the Ex parte Young cause of action, rather than under § 1983 (which authorizes relief only against state and local officials). 

The day before the court’s hearing on the preliminary injunction, on September 14, 2020, the plaintiffs moved the court to: (1) order the Postal Service to produce communications related to already-produced documents for the hearing, (2) order the Postmaster General to appear at the hearing, (3) allow the plaintiffs 45 minutes to question each of their four witnesses and 45 minutes to cross-examine three of the government’s witnesses. District Judge Victor Marrero denied all the requests: the documents could be produced later, the Postmaster General had already given a lengthy sworn statement, and the requested questioning  was too lengthy (the court allowed 10 minutes for questioning, and 20 minutes for expert witness presentations). 2020 WL 5525748. 

A week later, on September 21, 2020, the court issued an order and a colorful opinion by Judge Marrero granting in part the plaintiff’s motion for a preliminary injunction. On the jurisdictional issue, the court held that the plaintiffs had standing to seek declaratory and injunctive relief because they had demonstrated a “‘substantial risk’ that the ballots of voters in certain regions [were] less likely to be counted because of delayed mail service,” a harm that would affect both voters and candidates. And the case was not moot because the Postal Service claimed it had ceased “nearly all” of the challenged practices – the court asked: “how many potentially uncounted votes could remain in undelivered mail in the gap between ‘all’ and ‘nearly all’ of the practices at issue?” 

On the merits, the court first turned to the alleged Fifth Amendment equal protection-one person, one vote violation. The plaintiffs claimed that the Postmaster’s policy changes would violate the one person one vote principle by treating mail-in votes with less care than in-person votes. The defendants replied that they had stopped “nearly all” of the practices that the plaintiffs complained of. The court found that “USPS's purported rollback of ‘nearly all’ policies linked to mail delays [to be] either incompletely implemented, inadequately communicated throughout the organization, or unreliable.” Given that finding, Judge Marrero, quoting Bush v. Gore (2000), found that the USPS had “‘not satisfied the minimum requirement for nonarbitrary treatment of voters necessary to secure the fundamental right’ to vote.” 

In the alternative, and to avoid a possible reversal by the Second Circuit on Fifth Amendment grounds, the district court also analyzed the First Amendment claims. The First Amendment was implicated because of the “substantial likelihood that [plaintiffs’] ballots [would] not be counted because of delays in Election Mail service.” Assuming for argument that intermediate scrutiny applied, the court found no valid, necessary, tailored government interest in the policy changes; the Postal Service “offer[ed] no justification for its incomplete rollback of its prior postal policies that concededly produced a decline in mail service.” Therefore, the court found the plaintiffs had demonstrated a sufficient likelihood on their First Amendment claim, too. And, under the Second Circuit precedent, “an alleged constitutional violation constitutes irreparable harm” for purposes of a preliminary injunction. 

The court declined to issue an injunction against the President, because it found an injunction against the Postmaster General and the Postal Service to be sufficient to award plaintiffs’ requested relief. The court ordered the parties to meet to settle on a proposed injunction by September 25, 2020. In the event that the parties could not settle by then, the court ordered the Postal Service to submit a detailed plan, with weekly reporting requirements, that would effectuate timely delivery of all Election Mail. 488 F.Supp.3d 103.

The parties agreed to an injunction as to all issues except overtime payments, and submitted a proposed order to the court memorializing the agreement on September 25, 2020. The court approved the order, which included weekly reporting requirements on the same day. 

With respect to the overtime issue, the defendants moved on September 26, 2020 to clarify the agreement such that only overtime requests pertaining to Election Mail during the 10-day period surrounding election day would be automatically approved. The plaintiffs opposed this, arguing that given the operational confusion the court had recognized, the court should require automatic approval of all overtime requests during that period. On September 29, 2020, the court granted the clarification motion, agreeing with the defendants that the earlier agreement should be interpreted to only automatically grant overtime requests related to Election Mail. 2020 WL 6554904.

Over the next week, between September 29 and October 9, 2020, the parties discussed and litigated the precise terms of a proposed guidance memorandum for all USPS employees. The court on October 8, 2020, ordered the parties to resolve their disputes and submit an agreed-upon document by October 9. 2020 WL 5983112. The parties submitted an agreed-upon guidance memorandum by that deadline, which the court immediately approved. The guidance document is available on the Clearinghouse, attached to ECF 87. 

The general election occurred on November 3, 2020. On November 17, 2020, the court ordered the parties to meet to discuss any remaining issues in the case. Over the next weeks, the Postal Service continued to issue weekly reports to the court regarding its Election Mail activities. On January 14, 2021, the Postal Service requested to terminate the requirement for it to submit weekly status reports. The court granted the request on January 15. 

On May 13, 2021, the parties agreed to settle and dismissed with prejudice all claims except those relating to the plaintiffs’ entitlement to attorneys’ fees. Since then, motion practice on the fees issue has ensued. The case remains open as to that issue, and is closed as to the merits. 

Summary Authors

John Juenemann (4/4/2022)

Related Cases

Commonwealth of Pennsylvania v. DeJoy, Eastern District of Pennsylvania (2020)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/17449832/parties/jones-v-united-states-postal-service/

Documents in the Clearinghouse

Document
1

1:20-cv-06516

Complaint

Aug. 17, 2020

Aug. 17, 2020

Complaint
36

1:20-cv-06516

First Amended Complaint

Sept. 9, 2020

Sept. 9, 2020

Complaint
42

1:20-cv-06516

Letter Motion to Compel or in Limine, Jones et al. v. United States Postal Service

Sept. 14, 2020

Sept. 14, 2020

Pleading / Motion / Brief
43

1:20-cv-06516

Order

2020 WL 5525748

Sept. 15, 2020

Sept. 15, 2020

Order/Opinion
49

1:20-cv-06516

Decision and Order

488 F.Supp.3d 103

Sept. 21, 2020

Sept. 21, 2020

Order/Opinion
54-1

1:20-cv-06516

Order

488 F.Supp.3d 103

Sept. 25, 2020

Sept. 25, 2020

Order/Opinion
57

1:20-cv-06516

Order

Sept. 25, 2020

Sept. 25, 2020

Order/Opinion
66

1:20-cv-06516

Decision and Order

2020 WL 6554904

Sept. 29, 2020

Sept. 29, 2020

Order/Opinion
87

1:20-cv-06516

Supplemental Guidance Memorandum

Oct. 9, 2020

Oct. 9, 2020

Other
124

1:20-cv-06516

Stipulation and Order of Settlement and Dismissal

May 13, 2021

May 13, 2021

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/17449832/jones-v-united-states-postal-service/

Last updated June 8, 2022, 3:16 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against Louis DeJoy, Donald J. Trump, United States Postal Service. (Filing Fee $ 400.00, Receipt Number ANYSDC-21180995)Document filed by Mary Winton Green, Kathy Rothschild, Alessandra Biaggi, Mondaire Jones, Matthew Wallach, Rebecca Rieckhoff, Shannon Spencer, Chris Burdick, Perry Sainati, Marsie Wallach, Carol Sussman, Mac Wallach, Diana M. Woody, Stephanie Keegan, Robert Golub, Seth Rosen. (Attachments: # 1 Exhibit Exhibit 1 - USPS Memo, # 2 Exhibit Exhibit 2 - ESAS Pilot Program Memo, # 3 Exhibit Exhibit 3 - USPS Equipment Reduction Plan, # 4 Exhibit Exhibit 4 - AZ Letter, # 5 Exhibit Exhibit 5 - USPS Letters to States, # 6 Exhibit Exhibit 6 - Pelosi-Schumer letter to DeJoy, # 7 Exhibit Exhibit 7 - NASS Letter to USPS, # 8 Exhibit Exhibit 8 - Lieu-Jeffries Letter to FBI).(Green, Remy) (Entered: 08/17/2020)

1 Exhibit Exhibit 1 - USPS Memo

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2 Exhibit Exhibit 2 - ESAS Pilot Program Memo

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3 Exhibit Exhibit 3 - USPS Equipment Reduction Plan

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4 Exhibit Exhibit 4 - AZ Letter

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5 Exhibit Exhibit 5 - USPS Letters to States

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6 Exhibit Exhibit 6 - Pelosi-Schumer letter to DeJoy

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7 Exhibit Exhibit 7 - NASS Letter to USPS

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8 Exhibit Exhibit 8 - Lieu-Jeffries Letter to FBI

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Aug. 17, 2020

Aug. 17, 2020

Clearinghouse
2

FILING ERROR - PDF ERROR - CIVIL COVER SHEET filed..(Green, Remy) Modified on 8/18/2020 (jgo). (Entered: 08/17/2020)

Aug. 17, 2020

Aug. 17, 2020

PACER
3

RELATED CASE AFFIRMATION of Remy Green re: that this action be filed as related to 20-cv-5504-AT. Document filed by Alessandra Biaggi, Chris Burdick, Robert Golub, Mary Winton Green, Mondaire Jones, Stephanie Keegan, Rebecca Rieckhoff, Seth Rosen, Kathy Rothschild, Perry Sainati, Shannon Spencer, Carol Sussman, Mac Wallach, Marsie Wallach, Matthew Wallach, Diana M. Woody..(Green, Remy) (Entered: 08/17/2020)

Aug. 17, 2020

Aug. 17, 2020

RECAP
4

NOTICE OF APPEARANCE by Ali Najmi on behalf of Alessandra Biaggi, Chris Burdick, Robert Golub, Mary Winton Green, Mondaire Jones, Stephanie Keegan, Rebecca Rieckhoff, Seth Rosen, Kathy Rothschild, Perry Sainati, Shannon Spencer, Carol Sussman, Mac Wallach, Marsie Wallach, Matthew Wallach, Diana M. Woody..(Najmi, Ali) (Entered: 08/17/2020)

Aug. 17, 2020

Aug. 17, 2020

PACER
5

REQUEST FOR ISSUANCE OF SUMMONS as to United States Postal Service; Louis DeJoy, as Postmaster General of the United States; Donald J. Trump, as President of the United States, re: 1 Complaint,,,. Document filed by Alessandra Biaggi, Chris Burdick, Robert Golub, Mary Winton Green, Mondaire Jones, Stephanie Keegan, Rebecca Rieckhoff, Seth Rosen, Kathy Rothschild, Perry Sainati, Shannon Spencer, Carol Sussman, Mac Wallach, Marsie Wallach, Matthew Wallach, Diana M. Woody..(Green, Remy) (Entered: 08/17/2020)

Aug. 17, 2020

Aug. 17, 2020

PACER
6

NOTICE OF APPEARANCE by Jonathan Wallace on behalf of Alessandra Biaggi, Chris Burdick, Robert Golub, Mary Winton Green, Mondaire Jones, Stephanie Keegan, Rebecca Rieckhoff, Seth Rosen, Kathy Rothschild, Perry Sainati, Shannon Spencer, Carol Sussman, Mac Wallach, Marsie Wallach, Matthew Wallach, Diana M. Woody..(Wallace, Jonathan) (Entered: 08/18/2020)

Aug. 18, 2020

Aug. 18, 2020

PACER

Notice to Attorney Regarding Deficient Civil Cover Sheet

Aug. 18, 2020

Aug. 18, 2020

PACER

Notice to Attorney Regarding Case Opening Statistical Error Correction

Aug. 18, 2020

Aug. 18, 2020

PACER

***NOTICE TO ATTORNEY REGARDING DEFICIENT CIVIL COVER SHEET. Notice to attorney Remy Green to RE-FILE Document No. 2 Civil Cover Sheet. The filing is deficient for the following reason(s): the PDF case caption does not exactly match pleading caption. If all of the party names do not fit, use leading party name followed by 'et al'; Courthouse Assignment code was not selected;. Re-file the document using the event type Civil Cover Sheet found under the event list Other Documents and attach the correct PDF. Use civil cover sheet issued by S.D.N.Y. dated June 2017. The S.D.N.Y. Civil Cover Sheet dated June 2017 is located athttp://nysd.uscourts.gov/file/forms/civil-cover-sheet.. (jgo)

Aug. 18, 2020

Aug. 18, 2020

PACER

Case Opening Initial Assignment Notice

Aug. 18, 2020

Aug. 18, 2020

PACER

***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)

Aug. 18, 2020

Aug. 18, 2020

PACER

Case Designated ECF

Aug. 18, 2020

Aug. 18, 2020

PACER

CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Unassigned. .(jgo)

Aug. 18, 2020

Aug. 18, 2020

PACER

Case Referred as Possibly Related/Similar

Aug. 18, 2020

Aug. 18, 2020

PACER

Case Designated ECF. (jgo)

Aug. 18, 2020

Aug. 18, 2020

PACER

CASE REFERRED TO Judge Analisa Torres as possibly related to 20-cv-5504. (jgo)

Aug. 18, 2020

Aug. 18, 2020

PACER
7

ELECTRONIC SUMMONS ISSUED as to Louis DeJoy, Donald J. Trump, United States Postal Service..(jgo) (Entered: 08/18/2020)

Aug. 18, 2020

Aug. 18, 2020

PACER
8

CIVIL COVER SHEET filed..(Green, Remy) (Entered: 08/18/2020)

Aug. 18, 2020

Aug. 18, 2020

PACER
9

CIVIL COVER SHEET filed..(Green, Remy) (Entered: 08/18/2020)

Aug. 18, 2020

Aug. 18, 2020

RECAP

CASE DECLINED AS NOT RELATED. Case referred as related to 20-cv-5504 and declined by Judge Analisa Torres and returned to wheel for assignment. (wb)

Aug. 18, 2020

Aug. 18, 2020

PACER

NOTICE OF CASE REASSIGNMENT to Judge Victor Marrero. Judge Unassigned is no longer assigned to the case..(wb)

Aug. 18, 2020

Aug. 18, 2020

PACER

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. (wb)

Aug. 18, 2020

Aug. 18, 2020

PACER

Notice of Case Assignment/Reassignment

Aug. 18, 2020

Aug. 18, 2020

PACER
10

LETTER MOTION for Conference, Briefing Schedule, and Hearing addressed to Judge Victor Marrero from Remy Green dated 08/19/2020., LETTER MOTION to Expedite addressed to Judge Victor Marrero from Remy Green dated 08/19/2020. Document filed by Alessandra Biaggi, Chris Burdick, Robert Golub, Mary Winton Green, Mondaire Jones, Stephanie Keegan, Rebecca Rieckhoff, Seth Rosen, Kathy Rothschild, Perry Sainati, Shannon Spencer, Carol Sussman, Mac Wallach, Marsie Wallach, Matthew Wallach, Diana M. Woody..(Green, Remy) (Entered: 08/19/2020)

Aug. 19, 2020

Aug. 19, 2020

RECAP
11

ORDER granting 10 Letter Motion for Conference; granting 10 Letter Motion to Expedite: The request for the schedule set forth above is granted with the exception that the Court will schedule a fact-finding hearing as necessary by separate Order. (Signed by Judge Victor Marrero on 8/20/2020) (jwh) (Entered: 08/20/2020)

Aug. 20, 2020

Aug. 20, 2020

RECAP
12

NOTICE OF APPEARANCE by Rebecca Sol Tinio on behalf of Louis DeJoy, Donald J. Trump, United States Postal Service..(Tinio, Rebecca) (Entered: 08/25/2020)

Aug. 25, 2020

Aug. 25, 2020

PACER
13

NOTICE OF APPEARANCE by Steven John Kochevar on behalf of Louis DeJoy, Donald J. Trump, United States Postal Service..(Kochevar, Steven) (Entered: 08/25/2020)

Aug. 25, 2020

Aug. 25, 2020

PACER
14

LETTER MOTION for Extension of Time (Joint) addressed to Judge Victor Marrero from Rebecca S. Tinio dated August 25, 2020. Document filed by Louis DeJoy, Donald J. Trump, United States Postal Service..(Tinio, Rebecca) (Entered: 08/25/2020)

Aug. 25, 2020

Aug. 25, 2020

RECAP
15

ORDER granting 14 Letter Motion for Extension of Time. The request for the schedule set forth above is granted. SO ORDERED. (Signed by Judge Victor Marrero on 8/25/2020) (ks) (Entered: 08/25/2020)

Aug. 25, 2020

Aug. 25, 2020

RECAP
16

LETTER MOTION for Leave to File Excess Pages addressed to Judge Victor Marrero from Remy Green dated 2020-09-02. Document filed by Alessandra Biaggi, Chris Burdick, Robert Golub, Mary Winton Green, Mondaire Jones, Stephanie Keegan, Rebecca Rieckhoff, Seth Rosen, Kathy Rothschild, Perry Sainati, Shannon Spencer, Carol Sussman, Mac Wallach, Marsie Wallach, Matthew Wallach, Diana M. Woody..(Green, Remy) (Entered: 09/02/2020)

Sept. 2, 2020

Sept. 2, 2020

PACER
17

ORDER granting 16 Letter Motion for Leave to File Excess Pages. The request is Granted. SO ORDERED. (Signed by Judge Victor Marrero on 9/02/2020) (ama) (Entered: 09/02/2020)

Sept. 2, 2020

Sept. 2, 2020

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18

AFFIDAVIT OF SERVICE of Summons and Complaint,,,. All Defendants. Document filed by Mary Winton Green, Kathy Rothschild, Alessandra Biaggi, Mondaire Jones, Matthew Wallach, Rebecca Rieckhoff, Shannon Spencer, Chris Burdick, Perry Sainati, Marsie Wallach, Carol Sussman, Mac Wallach, Diana M. Woody, Stephanie Keegan, Robert Golub, Seth Rosen..(Green, Remy) (Entered: 09/02/2020)

Sept. 2, 2020

Sept. 2, 2020

RECAP
19

MOTION for Preliminary Injunction . Document filed by Alessandra Biaggi, Chris Burdick, Robert Golub, Mary Winton Green, Mondaire Jones, Stephanie Keegan, Rebecca Rieckhoff, Seth Rosen, Kathy Rothschild, Perry Sainati, Shannon Spencer, Carol Sussman, Mac Wallach, Marsie Wallach, Matthew Wallach, Diana M. Woody. (Attachments: # 1 Memo of Law in Support of Motion, # 2 Affidavit Jamison Declaration, # 3 Affidavit Jones Declaration, # 4 Affidavit Biaggi Declaration, # 5 Affidavit Barrios Declaration, # 6 Affidavit Wallach (Mac) Declaration, # 7 Affidavit Wallach (Matthew) Declaration, # 8 Affidavit Wallach (Marsie) Declaration, # 9 Affidavit Rieckhoff Declaration, # 10 Affidavit Rosen Declaration, # 11 Affidavit Sussman Declaration, # 12 Affidavit Green (Mary Winton) Declaration, # 13 Affidavit Rothschild Declaration, # 14 Affidavit Green Declaration, # 15 Exhibit Green Exhibit 1 - House Transcript Excerpts, # 16 Exhibit Green Exhibit 2 - August 12 PMG Briefing, # 17 Exhibit Green Exhibit 3 - August 31 Letter and Exhibit, # 18 Exhibit Green Exhibit 4 - August 18 Email, # 19 Exhibit Green Exhibit 5 - Overlay Graphic for Sorting Machine Reduction, # 20 Exhibit Green Exhibit 6 - Chart of Warnings to States, # 21 Exhibit Green Exhibit 7 - APWU Grievance).(Green, Remy) (Entered: 09/02/2020)

1 Memo of Law in Support of Motion

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2 Affidavit Jamison Declaration

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3 Affidavit Jones Declaration

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4 Affidavit Biaggi Declaration

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5 Affidavit Barrios Declaration

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6 Affidavit Wallach (Mac) Declaration

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7 Affidavit Wallach (Matthew) Declaration

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8 Affidavit Wallach (Marsie) Declaration

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9 Affidavit Rieckhoff Declaration

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10 Affidavit Rosen Declaration

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11 Affidavit Sussman Declaration

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12 Affidavit Green (Mary Winton) Declaration

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13 Affidavit Rothschild Declaration

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14 Affidavit Green Declaration

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15 Exhibit Green Exhibit 1 - House Transcript Excerpts

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16 Exhibit Green Exhibit 2 - August 12 PMG Briefing

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17 Exhibit Green Exhibit 3 - August 31 Letter and Exhibit

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18 Exhibit Green Exhibit 4 - August 18 Email

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19 Exhibit Green Exhibit 5 - Overlay Graphic for Sorting Machine Reduction

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20 Exhibit Green Exhibit 6 - Chart of Warnings to States

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21 Exhibit Green Exhibit 7 - APWU Grievance

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Sept. 2, 2020

Sept. 2, 2020

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20

JOINT LETTER MOTION for Leave to File Excess Pages and for an Extension of Time to Submit Plaintiffs' Reply addressed to Judge Victor Marrero from AUSA Steven J. Kochevar dated September 7, 2020. Document filed by Louis DeJoy, Donald J. Trump, United States Postal Service..(Kochevar, Steven) (Entered: 09/07/2020)

Sept. 7, 2020

Sept. 7, 2020

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21

ORDER granting 20 Letter Motion for Leave to File Excess Pages. The requests as set forth above are granted. So Ordered. (Signed by Judge Victor Marrero on 9/8/2020) (js) (Entered: 09/08/2020)

Sept. 8, 2020

Sept. 8, 2020

PACER

Set/Reset Deadlines: Replies due by 9/10/2020. (js)

Sept. 8, 2020

Sept. 8, 2020

PACER
22

MEMORANDUM OF LAW in Opposition re: 19 MOTION for Preliminary Injunction . . Document filed by Louis DeJoy, Donald J. Trump, United States Postal Service..(Kochevar, Steven) (Entered: 09/08/2020)

Sept. 8, 2020

Sept. 8, 2020

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23

DECLARATION of Michael L. Barber in Opposition re: 19 MOTION for Preliminary Injunction .. Document filed by Louis DeJoy, Donald J. Trump, United States Postal Service..(Kochevar, Steven) (Entered: 09/09/2020)

Sept. 9, 2020

Sept. 9, 2020

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24

DECLARATION of Rebecca S. Tinio in Opposition re: 19 MOTION for Preliminary Injunction .. Document filed by Louis DeJoy, Donald J. Trump, United States Postal Service. (Attachments: # 1 Exhibit 1 - USPS FY2019 Annual Report, # 2 Exhibit 2 - NYT Article, # 3 Exhibit 3 - August 7 BOG Remarks, # 4 Exhibit 4 - OIG Audit - Election Mail, # 5 Exhibit 5 - Senate Transcript, # 6 Exhibit 6 - Kit 600, # 7 Exhibit 7 - Pub 632, # 8 Exhibit 8 - Pub 631, # 9 Exhibit 9 - Oral Statement to House, # 10 Exhibit 10 - August 18 Statement, # 11 Exhibit 11 - First Class Mail Volume, # 12 Exhibit 12 - PMG Brennan House Statement, # 13 Exhibit 13 - OIG Audit - Transportation, # 14 Exhibit 14 - House Transcript, # 15 Exhibit 15 - Written Statement).(Tinio, Rebecca) (Entered: 09/09/2020)

1 Exhibit 1 - USPS FY2019 Annual Report

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2 Exhibit 2 - NYT Article

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3 Exhibit 3 - August 7 BOG Remarks

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4 Exhibit 4 - OIG Audit - Election Mail

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5 Exhibit 5 - Senate Transcript

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6 Exhibit 6 - Kit 600

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7 Exhibit 7 - Pub 632

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8 Exhibit 8 - Pub 631

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9 Exhibit 9 - Oral Statement to House

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10 Exhibit 10 - August 18 Statement

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11 Exhibit 11 - First Class Mail Volume

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12 Exhibit 12 - PMG Brennan House Statement

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13 Exhibit 13 - OIG Audit - Transportation

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14 Exhibit 14 - House Transcript

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15 Exhibit 15 - Written Statement

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Sept. 9, 2020

Sept. 9, 2020

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25

DECLARATION of Jennifer Vo in Opposition re: 19 MOTION for Preliminary Injunction .. Document filed by Louis DeJoy, Donald J. Trump, United States Postal Service. (Attachments: # 1 Exhibit 1 - POM Sections, # 2 Exhibit 2 - Maintenance Management Order).(Tinio, Rebecca) (Entered: 09/09/2020)

1 Exhibit 1 - POM Sections

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2 Exhibit 2 - Maintenance Management Order

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Sept. 9, 2020

Sept. 9, 2020

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DECLARATION of Dennis W. Stasa in Opposition re: 19 MOTION for Preliminary Injunction .. Document filed by Louis DeJoy, Donald J. Trump, United States Postal Service..(Tinio, Rebecca) (Entered: 09/09/2020)

Sept. 9, 2020

Sept. 9, 2020

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DECLARATION of John Prokity in Opposition re: 19 MOTION for Preliminary Injunction .. Document filed by Louis DeJoy, Donald J. Trump, United States Postal Service..(Tinio, Rebecca) (Entered: 09/09/2020)

Sept. 9, 2020

Sept. 9, 2020

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DECLARATION of Robert Justin Glass in Opposition re: 19 MOTION for Preliminary Injunction .. Document filed by Louis DeJoy, Donald J. Trump, United States Postal Service. (Attachments: # 1 Exhibit 1 - May 2020 Letter, # 2 Exhibit 2 - 2016 Letter, # 3 Exhibit 3 - Clean Sweep Checklist).(Tinio, Rebecca) (Entered: 09/09/2020)

1 Exhibit 1 - May 2020 Letter

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2 Exhibit 2 - 2016 Letter

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3 Exhibit 3 - Clean Sweep Checklist

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Sept. 9, 2020

Sept. 9, 2020

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DECLARATION of Jason DeChambeau in Opposition re: 19 MOTION for Preliminary Injunction .. Document filed by Louis DeJoy, Donald J. Trump, United States Postal Service..(Tinio, Rebecca) (Entered: 09/09/2020)

Sept. 9, 2020

Sept. 9, 2020

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DECLARATION of Angela Curtis in Opposition re: 19 MOTION for Preliminary Injunction .. Document filed by Louis DeJoy, Donald J. Trump, United States Postal Service. (Attachments: # 1 Exhibit 1 - Decision Tree, # 2 Exhibit 2 - POM Provisions, # 3 Exhibit 3 - Handbook Provision).(Tinio, Rebecca) (Entered: 09/09/2020)

1 Exhibit 1 - Decision Tree

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2 Exhibit 2 - POM Provisions

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3 Exhibit 3 - Handbook Provision

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Sept. 9, 2020

Sept. 9, 2020

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DECLARATION of Kevin Couch in Opposition re: 19 MOTION for Preliminary Injunction .. Document filed by Louis DeJoy, Donald J. Trump, United States Postal Service. (Attachments: # 1 Exhibit 1 - Processing Equipment Additions and Removals, # 2 Exhibit 2 - Couch Email).(Tinio, Rebecca) (Entered: 09/09/2020)

1 Exhibit 1 - Processing Equipment Additions and Removals

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2 Exhibit 2 - Couch Email

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Sept. 9, 2020

Sept. 9, 2020

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DECLARATION of Joshua Colin, Ph.D. in Opposition re: 19 MOTION for Preliminary Injunction .. Document filed by Louis DeJoy, Donald J. Trump, United States Postal Service..(Tinio, Rebecca) (Entered: 09/09/2020)

Sept. 9, 2020

Sept. 9, 2020

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DECLARATION of Robert Cintron in Opposition re: 19 MOTION for Preliminary Injunction .. Document filed by Louis DeJoy, Donald J. Trump, United States Postal Service. (Attachments: # 1 Exhibit 1 - USPS Mail Flows, # 2 Exhibit 2 - Extra Trip Guidelines).(Tinio, Rebecca) (Entered: 09/09/2020)

1 Exhibit 1 - USPS Mail Flows

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2 Exhibit 2 - Extra Trip Guidelines

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Sept. 9, 2020

Sept. 9, 2020

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LETTER MOTION for Extension of Time addressed to Judge Victor Marrero from Rebecca S. Tinio dated September 9, 2020. Document filed by Louis DeJoy, Donald J. Trump, United States Postal Service..(Tinio, Rebecca) (Entered: 09/09/2020)

Sept. 9, 2020

Sept. 9, 2020

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ORDER granting 34 Letter Motion for Extension of Time. The request for nunc pro tunc extension is granted. So Ordered. (Signed by Judge Victor Marrero on 9/9/2020) (js) (Entered: 09/09/2020)

Sept. 9, 2020

Sept. 9, 2020

PACER
36

FIRST AMENDED COMPLAINT amending 1 Complaint,,, against Louis DeJoy, Donald J. Trump, United States Postal Service.Document filed by Mary Winton Green, Kathy Rothschild, Alessandra Biaggi, Mondaire Jones, Matthew Wallach, Rebecca Rieckhoff, Shannon Spencer, Chris Burdick, Perry Sainati, Marsie Wallach, Carol Sussman, Mac Wallach, Diana M. Woody, Stephanie Keegan, Robert Golub, Seth Rosen. Related document: 1 Complaint,,,. (Attachments: # 1 Exhibit Ex. 1 (note: all exhibits remain the same), # 2 Exhibit Ex. 2, # 3 Exhibit Ex. 3, # 4 Exhibit Ex. 4, # 5 Exhibit Ex. 5, # 6 Exhibit Ex. 6, # 7 Exhibit Ex. 7, # 8 Exhibit Ex. 8).(Green, Remy) (Entered: 09/09/2020)

1 Exhibit Ex. 1 (note: all exhibits remain the same)

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2 Exhibit Ex. 2

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3 Exhibit Ex. 3

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4 Exhibit Ex. 4

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5 Exhibit Ex. 5

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6 Exhibit Ex. 6

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7 Exhibit Ex. 7

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8 Exhibit Ex. 8

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Sept. 9, 2020

Sept. 9, 2020

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ORDER: The Court will hold a hearing in the above-captioned matter on Wednesday, September 16, 2020 at 11:30 a.m. Due to the ongoing COVID- 19 pandemic, the hearing will take place by teleconference using the following dial-in: (888) 363-4749 (international callers dial (215) 446-3662), access code 8392198. directed to confer regarding proposed witnesses. By no later than 5:00 p.m. Monday, September 14, 2020, the parties are directed to submit to the Court a joint proposal with the names of their proposed witnesses, the subject matter on which each proposed witness will testify, and the estimated length of each proposed witness's testimony. The parties are further directed to review the Court's Emergency Individual Rules and Practices in Light of COVID-19, available on the Court's website: (Telephone Conference set for 9/16/2020 at 11:30 AM before Judge Victor Marrero.) (Signed by Judge Victor Marrero on 9/9/2020) (js) (Entered: 09/10/2020)

Sept. 10, 2020

Sept. 10, 2020

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REPLY MEMORANDUM OF LAW in Support re: 19 MOTION for Preliminary Injunction . . Document filed by Alessandra Biaggi, Chris Burdick, Robert Golub, Mary Winton Green, Mondaire Jones, Stephanie Keegan, Rebecca Rieckhoff, Seth Rosen, Kathy Rothschild, Perry Sainati, Shannon Spencer, Carol Sussman, Mac Wallach, Marsie Wallach, Matthew Wallach, Diana M. Woody. (Attachments: # 1 Affidavit Jamison Reply Declaration, # 2 Exhibit Jamison Reply Ex. 1, # 3 Exhibit Jamison Reply Ex. 2, # 4 Affidavit Barrios Reply Declaration, # 5 Affidavit Spencer Declaration).(Green, Remy) (Entered: 09/10/2020)

1 Affidavit Jamison Reply Declaration

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2 Exhibit Jamison Reply Ex. 1

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3 Exhibit Jamison Reply Ex. 2

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4 Affidavit Barrios Reply Declaration

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5 Affidavit Spencer Declaration

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Sept. 10, 2020

Sept. 10, 2020

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39

NOTICE of Supplemental Authority re: 19 MOTION for Preliminary Injunction .. Document filed by Alessandra Biaggi, Chris Burdick, Robert Golub, Mary Winton Green, Mondaire Jones, Stephanie Keegan, Rebecca Rieckhoff, Seth Rosen, Kathy Rothschild, Perry Sainati, Shannon Spencer, Carol Sussman, Mac Wallach, Marsie Wallach, Matthew Wallach, Diana M. Woody. (Attachments: # 1 Panel Decision in NY v. Trump, 20-CV-5770 (RCW) (PWH) (JMF)).(Green, Remy) (Entered: 09/12/2020)

1 Panel Decision in NY v. Trump, 20-CV-5770 (RCW) (PWH) (JMF)

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Sept. 12, 2020

Sept. 12, 2020

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40

NOTICE of Supplemental Authority re: 19 MOTION for Preliminary Injunction .. Document filed by Alessandra Biaggi, Chris Burdick, Robert Golub, Mary Winton Green, Mondaire Jones, Stephanie Keegan, Rebecca Rieckhoff, Seth Rosen, Kathy Rothschild, Perry Sainati, Shannon Spencer, Carol Sussman, Mac Wallach, Marsie Wallach, Matthew Wallach, Diana M. Woody. (Attachments: # 1 Decision and TRO in Colorado v. DeJoy).(Green, Remy) (Entered: 09/13/2020)

1 Decision and TRO in Colorado v. DeJoy

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Sept. 13, 2020

Sept. 13, 2020

PACER
41

JOINT LETTER addressed to Judge Victor Marrero from AUSA Steven J. Kochevar dated September 14, 2020 re: September 16, 2020, Hearing. Document filed by Louis DeJoy, Donald J. Trump, United States Postal Service..(Kochevar, Steven) (Entered: 09/14/2020)

Sept. 14, 2020

Sept. 14, 2020

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LETTER MOTION to Compel USPS/Postmaster DeJoy to Produce Documents at or before hearing; appear and/or in limine addressed to Judge Victor Marrero from Remy Green dated 2020/09/14. Document filed by Alessandra Biaggi, Chris Burdick, Robert Golub, Mary Winton Green, Mondaire Jones, Stephanie Keegan, Rebecca Rieckhoff, Seth Rosen, Kathy Rothschild, Perry Sainati, Shannon Spencer, Carol Sussman, Mac Wallach, Marsie Wallach, Matthew Wallach, Diana M. Woody..(Green, Remy) (Entered: 09/14/2020)

Sept. 14, 2020

Sept. 14, 2020

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43

ORDER denying 42 Letter Motion to Compel. Accordingly, it is herebyORDERED that Plaintiffs' request that the Court enforce the two subpoenas (Dkt. No. 42) is DENIED, and it is further ORDERED that the parties' joint request for testimony (Dkt. No. 41) is DENIED in part. Witness testimony will be limited as set forth above. So Ordered. (Signed by Judge Victor Marrero on 9/15/2020) (js) (Entered: 09/15/2020)

Sept. 15, 2020

Sept. 15, 2020

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44

LETTER RESPONSE to Motion addressed to Judge Victor Marrero from Rebecca Tinio dated 9/15/20 re: 42 LETTER MOTION to Compel USPS/Postmaster DeJoy to Produce Documents at or before hearing; appear and/or in limine addressed to Judge Victor Marrero from Remy Green dated 2020/09/14. . Document filed by Louis DeJoy, Donald J. Trump, United States Postal Service. (Attachments: # 1 Exhibit A, # 2 Exhibit B).(Tinio, Rebecca) (Entered: 09/15/2020)

1 Exhibit A

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2 Exhibit B

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Sept. 15, 2020

Sept. 15, 2020

PACER
45

DECLARATION of AUSA Steven J. Kochevar in Opposition re: 19 MOTION for Preliminary Injunction .. Document filed by Louis DeJoy, Donald J. Trump, United States Postal Service. (Attachments: # 1 Exhibit 1 - USPS Performance Data).(Kochevar, Steven) (Entered: 09/15/2020)

1 Exhibit 1 - USPS Performance Data

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Sept. 15, 2020

Sept. 15, 2020

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46

LETTER addressed to Judge Victor Marrero from Rebecca S. Tinio dated September 15, 2020 re: Supplementation of Record. Document filed by Louis DeJoy, Donald J. Trump, United States Postal Service. (Attachments: # 1 Exhibit 1 - Supplemental Declaration of Robert Cintron, # 2 Exhibit 2 - Supplemental Declaration of Angela Curtis).(Tinio, Rebecca) (Entered: 09/15/2020)

1 Exhibit 1 - Supplemental Declaration of Robert Cintron

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2 Exhibit 2 - Supplemental Declaration of Angela Curtis

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Sept. 15, 2020

Sept. 15, 2020

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DECLARATION of J. Remy Green in Support re: 19 MOTION for Preliminary Injunction .. Document filed by Alessandra Biaggi, Chris Burdick, Robert Golub, Mary Winton Green, Mondaire Jones, Stephanie Keegan, Rebecca Rieckhoff, Seth Rosen, Kathy Rothschild, Perry Sainati, Shannon Spencer, Carol Sussman, Mac Wallach, Marsie Wallach, Matthew Wallach, Diana M. Woody. (Attachments: # 1 Exhibit PMGs expectations Powerpoint).(Wallace, Jonathan) (Entered: 09/16/2020)

1 Exhibit PMGs expectations Powerpoint

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Sept. 16, 2020

Sept. 16, 2020

PACER

Minute Entry for proceedings held before Judge Victor Marrero: Telephone Conference held on 9/16/2020. Remy Green, Jonathan Wallace, and Ali Najmi present for plaintiffs. Rebecca Tinio and Steven Kochevar present for defendants. The Court heard witness testimony and reserved judgment on the motion for a preliminary injunction. (Court Reporter Lisa Smith)(sm)

Sept. 16, 2020

Sept. 16, 2020

PACER
48

NOTICE of Supplemental Authority re: 19 MOTION for Preliminary Injunction ., Telephone Conference,. Document filed by Alessandra Biaggi, Chris Burdick, Robert Golub, Mary Winton Green, Mondaire Jones, Stephanie Keegan, Rebecca Rieckhoff, Seth Rosen, Kathy Rothschild, Perry Sainati, Shannon Spencer, Carol Sussman, Mac Wallach, Marsie Wallach, Matthew Wallach, Diana M. Woody. (Attachments: # 1 Decision in State of Washington v. Trump).(Green, Remy) (Entered: 09/17/2020)

1 Decision in State of Washington v. Trump

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Sept. 17, 2020

Sept. 17, 2020

PACER

Minute Entry for proceedings held before Judge Victor Marrero: Telephone Conference held on 9/16/2020. Remy Green, Jonathan Wallace, and Ali Najmi present for plaintiffs. Rebecca Tinio and Steven Kochevar present for defendants. The Court heard witness testimony and reserved judgment on the motion for a preliminary injunction. (Court Reporter Lisa Smith)(sm)

Sept. 17, 2020

Sept. 17, 2020

PACER
49

DECISION AND ORDER: granting in part 19 Motion for Preliminary Injunction. Accordingly, it is hereby ORDERED that Plaintiffs' motion for a preliminary injunction (Dkt. No. 19) is GRANTED IN PART. Plaintiffs are directed to submit a proposed second amended complaint as discussed above; and it is further ORDERED that by not later than noon on September 25, 2020 the parties shall settle an Order providing Plaintiffs appropriate relief consistent with this opinion and notify the Court of such settlement. In the event the parties fail to file such notice by that date the terms of the following For purposes of this Order, the term Election Mail shall refer to any item mailed to or from authorized election officials that enables citizens to participate in the voting process, including voter registration materials, absentee or mail-in ballot applications, polling place notifications, blank ballots, and completed ballots. No later than September 25, 2020, USPS shall provide to this Court and Plaintiffs a cost estimate for treating all Election Mail as First-Class Mail beginning on October 15, 2020 USPS shall pre-approve all overtime that has been or will be requested for the time period beginning October 26, 2020 and continuing through November 6, 2020.. No later than October 1, 2020, USPS shall submit to the Court a list of steps necessary to restore First-Class Mail and Marketing Mail on-time delivery scores to the highest score each respective class of mail has received in 2020, which are 93.88 percent for First-Class Mail and 93.69 percent for Marketing Mail, and shall thereafter make a good faith effort to fully implement the listed steps. No later than September 25, 2020, USPS shall submit to the Court a list of all USPS recommended practices concerning of the treatment of Election Mail that are not binding policies. All other provisions as further set forth in this Order. So Ordered Order shall take effect without further action by this Court: The United States Postal Service ("USPS") shall, to the extent that excess capacity permits, treat all ElectionMail as First-Class Mail or Priority Mail Express.. (Signed by Judge Victor Marrero on 9/21/2020) (js) (Entered: 09/21/2020)

Sept. 21, 2020

Sept. 21, 2020

Clearinghouse
50

PROPOSED AMENDED COMPLAINT amending 1 Complaint,,, 36 Amended Complaint,, against Louis DeJoy, Donald J. Trump, United States Postal Service.Document filed by Mary Winton Green, Kathy Rothschild, Alessandra Biaggi, Mondaire Jones, Matthew Wallach, Rebecca Rieckhoff, Shannon Spencer, Chris Burdick, Perry Sainati, Marsie Wallach, Carol Sussman, Mac Wallach, Diana M. Woody, Stephanie Keegan, Robert Golub, Seth Rosen. Related document: 1 Complaint,,, 36 Amended Complaint,,. (Attachments: # 1 Proposed Second Amended Complaint, # 2 Redline of Proposed SAC against FAC).(Green, Remy) (Entered: 09/22/2020)

1 Proposed Second Amended Complaint

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2 Redline of Proposed SAC against FAC

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Sept. 22, 2020

Sept. 22, 2020

RECAP
51

TRANSCRIPT of Proceedings re: CONFERENCE held on 9/16/2020 before Judge Victor Marrero. Court Reporter/Transcriber: Lisa Smith, (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 10/13/2020. Redacted Transcript Deadline set for 10/23/2020. Release of Transcript Restriction set for 12/21/2020..(McGuirk, Kelly) (Entered: 09/22/2020)

Sept. 22, 2020

Sept. 22, 2020

PACER
52

NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 9/16/20 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) (Entered: 09/22/2020)

Sept. 22, 2020

Sept. 22, 2020

PACER
53

MEMO ENDORSEMENT on re: 50 Amended Complaint filed by Rebecca Rieckhoff, Diana M. Woody, Mondaire Jones, Alessandra Biaggi, Mary Winton Green, Mac Wallach, Robert Golub, Seth Rosen, Stephanie Keegan, Carol Sussman, Shannon Spencer, Kathy Rothschild, Chris Burdick, Matthew Wallach, Marsie Wallach, Perry Sainati. ENDORSEMENT: The Government is directed to respond by letter not to exceed three pages by September 25, 2020. So Ordered. (Signed by Judge Victor Marrero on 9/23/2020) (js) (Entered: 09/23/2020)

Sept. 23, 2020

Sept. 23, 2020

PACER
54

LETTER addressed to Judge Victor Marrero from Rebecca S. Tinio dated September 25, 2020 re: Agreed Proposed Order. Document filed by Louis DeJoy, Donald J. Trump, United States Postal Service. (Attachments: # 1 Text of Proposed Order Exhibit A - Agreed Proposed Order).(Tinio, Rebecca) (Entered: 09/25/2020)

1 Text of Proposed Order Exhibit A - Agreed Proposed Order

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Sept. 25, 2020

Sept. 25, 2020

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55

ORDER: By letter dated September 25, 2020, counsel for the Government advised the Court that the parties had settled an order providing Plaintiffs with relief consistent with this Court's decision and order dated September 21, 2020. ("Preliminary Injunction Decision," Dkt. No. 49.) The Court will issue an Order adopting the parties' proposed relief. Pending the parties' further submissions on overtime payments, the Preliminary Injunction Decision is stayed. So Ordered (Signed by Judge Victor Marrero on 9/25/2020) (js) (Entered: 09/25/2020)

Sept. 25, 2020

Sept. 25, 2020

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ORDER: On September 25, 2020, Defendants in the above-captioned matter filed a joint letter in accordancewith this Court's September 21, 2020 Decision and Order. (Dkt. No. 54 (citing Dkt. No. 49).) The letter indicated that the parties had agreed to all terms of a proposed order with the exception of one, concerning the appropriate relief with respect to overtime. The letter further indicated that Defendants expected to file a Motion for Clarification or Modification, or in the Alternative, for a Stay, addressing the parties' dispute with respect to this issue. Accordingly, it is hereby ORDERED that the Defendants' motion shall be filed no later thanSeptember 26, 2020; and it is further ORDERED that the Plaintiffs' opposition to that motion shall be filed by no later than September 27, 2020. So Ordered. (Motions due by 9/26/2020. Responses due by 9/27/2020) (Signed by Judge Victor Marrero on 9/25/2020) (js) (Entered: 09/25/2020)

Sept. 25, 2020

Sept. 25, 2020

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ORDER: NOW, THEREFORE, upon the parties' agreement, IT IS HEREBY ORDERED that: 1. USPS shall, to the extent that excess capacity permits, treat all Election Mail as First-Class Mail or Priority Mail Express. Other provisions as further set forth in this order 2. To the extent it has not already done so, no later than September 25, 2020, USPS shall provide to this Court and Plaintiffs a cost estimate for treating all Election Mail, as defined herein, as First-Class Mail beginning on October 15, 2020. 3. USPS shall pre-approve all overtime that has been or will be requested for the time period beginning October 26, 2020 and continuing through November 6, 2020. 4. No later than October 1, 2020, USPS shall submit to the Court a list of steps necessary to restore First-Class Mail and Marketing Mail on-time delivery scores to the highest score each respective class of mail has received in 2020, which are 93.88 percent for First-Class Mail and 93.69 percent for Marketing Mail, and shall thereafter make a good faith effort to fully implement the listed steps. 5. To the extent it has not already done so, no later than September 25, 2020, USPS shall submit to the Court a list of all USPS recommended practices concerning the treatment of Election Mail that are not binding policies. All other provisions as further set forth in this order. 10. Paragraphs 3 and 7(f) of this Order are hereby stayed pending an order of this Court resolving Defendants' forthcoming Motion to Modify, Clarify, or, Alternatively, Stay this Order. So Ordered. (Signed by Judge Victor Marrero on 9/25/2020) (js) Modified on 9/25/2020 (js). (Entered: 09/25/2020)

Sept. 25, 2020

Sept. 25, 2020

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LETTER addressed to Judge Victor Marrero from Rebecca S. Tinio dated September 25, 2020 re: Compliance with Provisions of PI Order. Document filed by Louis DeJoy, Donald J. Trump, United States Postal Service. (Attachments: # 1 Exhibit 1 - September 24, 2020 Update to Congress, # 2 Exhibit 2 - September 24, 2020 Press Release, # 3 Exhibit 3 - Service and Variance Report, # 4 Exhibit 4 - September 21, 2020 USPS Clarifying Operating Instructions, # 5 Exhibit 5 - September 25, 2020 USPS Additional Resources Memo, # 6 Exhibit 6 - Cost Impacts).(Tinio, Rebecca) (Entered: 09/25/2020)

1 Exhibit 1 - September 24, 2020 Update to Congress

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2 Exhibit 2 - September 24, 2020 Press Release

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3 Exhibit 3 - Service and Variance Report

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4 Exhibit 4 - September 21, 2020 USPS Clarifying Operating Instructions

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5 Exhibit 5 - September 25, 2020 USPS Additional Resources Memo

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6 Exhibit 6 - Cost Impacts

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Sept. 25, 2020

Sept. 25, 2020

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59

MOTION to Amend/Correct through Clarification or Modification the Court's September 25, 2020 Order (ECF No. 57) or, in the Alternative, to Extend the Stay of Paragraphs 3 and 7(f) of that Order. Document filed by Louis DeJoy, Donald J. Trump, United States Postal Service..(Kochevar, Steven) (Entered: 09/26/2020)

Sept. 26, 2020

Sept. 26, 2020

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60

MEMORANDUM OF LAW in Support re: 59 MOTION to Amend/Correct through Clarification or Modification the Court's September 25, 2020 Order (ECF No. 57) or, in the Alternative, to Extend the Stay of Paragraphs 3 and 7(f) of that Order. . Document filed by Louis DeJoy, Donald J. Trump, United States Postal Service..(Kochevar, Steven) (Entered: 09/26/2020)

Sept. 26, 2020

Sept. 26, 2020

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DECLARATION of David E. Mills in Support re: 59 MOTION to Amend/Correct through Clarification or Modification the Court's September 25, 2020 Order (ECF No. 57) or, in the Alternative, to Extend the Stay of Paragraphs 3 and 7(f) of that Order.. Document filed by Louis DeJoy, Donald J. Trump, United States Postal Service..(Kochevar, Steven) (Entered: 09/26/2020)

Sept. 26, 2020

Sept. 26, 2020

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DECLARATION of Steven J. Kochevar in Support re: 59 MOTION to Amend/Correct through Clarification or Modification the Court's September 25, 2020 Order (ECF No. 57) or, in the Alternative, to Extend the Stay of Paragraphs 3 and 7(f) of that Order.. Document filed by Louis DeJoy, Donald J. Trump, United States Postal Service. (Attachments: # 1 Exhibit A - Clarifying Operational Instructions, # 2 Exhibit B - SUT, # 3 Exhibit C - Additional Resources Memo).(Kochevar, Steven) (Entered: 09/26/2020)

1 Exhibit A - Clarifying Operational Instructions

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2 Exhibit B - SUT

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3 Exhibit C - Additional Resources Memo

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Sept. 26, 2020

Sept. 26, 2020

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63

MEMORANDUM OF LAW in Opposition re: 59 MOTION to Amend/Correct through Clarification or Modification the Court's September 25, 2020 Order (ECF No. 57) or, in the Alternative, to Extend the Stay of Paragraphs 3 and 7(f) of that Order. . Document filed by Alessandra Biaggi, Chris Burdick, Robert Golub, Mary Winton Green, Mondaire Jones, Stephanie Keegan, Rebecca Rieckhoff, Seth Rosen, Kathy Rothschild, Perry Sainati, Shannon Spencer, Carol Sussman, Mac Wallach, Marsie Wallach, Matthew Wallach, Diana M. Woody. (Attachments: # 1 Affidavit Green Declaration, # 2 Exhibit Green Ex 1 - July 10 USPS HQ Presentation, # 3 Exhibit Green Ex 2 - APWU Letter to the Court, # 4 Affidavit Jamison Reconsideration Declaration).(Green, Remy) (Entered: 09/27/2020)

1 Affidavit Green Declaration

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2 Exhibit Green Ex 1 - July 10 USPS HQ Presentation

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3 Exhibit Green Ex 2 - APWU Letter to the Court

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4 Affidavit Jamison Reconsideration Declaration

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Sept. 27, 2020

Sept. 27, 2020

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64

LETTER MOTION for Extension of Time addressed to Judge Victor Marrero from Rebecca S. Tinio dated September 28, 2020. Document filed by Louis DeJoy, Donald J. Trump, United States Postal Service..(Tinio, Rebecca) (Entered: 09/28/2020)

Sept. 28, 2020

Sept. 28, 2020

PACER
65

ORDER granting 64 Letter Motion for Extension of Time. The request for extension is granted. The Government shall have until October 2, 2020 to submit a proposed Supplemental Guidance Document. So Ordered. (Signed by Judge Victor Marrero on 9/29/2020) (js) (Entered: 09/29/2020)

Sept. 29, 2020

Sept. 29, 2020

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DECISION AND ORDER: granting in part 59 Motion to Amend/Correct. Accordingly, for the reasons stated above, it is hereby ORDERED that Defendants' motion (Dkt. No. 59) for clarification or modification, or, alternatively, a stay of certain terms of the Preliminary Injunction (Dkt. No. 57) is GRANTED in part; and it is further ORDERED that Paragraph 3 of the Preliminary Injunction is hereby clarified as requiring that USPS shall authorize, and instruct, overtime to be used for the time period beginning October 26, 2020 and continuing through November 6, 2020 to ensure the timely delivery of Election Mail; and it is further ORDERED that Paragraph 7(f) of the Preliminary Injunction is hereby clarified as requiring that USPS explain that overtime is authorized and instructed to be used as described in Paragraph 3 of the Preliminary Injunction and as clarified herein. SO ORDERED. (Signed by Judge Victor Marrero on 9/29/2020) (js) Modified on 9/29/2020 (js). (Entered: 09/29/2020)

Sept. 29, 2020

Sept. 29, 2020

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LETTER addressed to Judge Victor Marrero from Rebecca S. Tinio dated October 1, 2020 re: Service Performance Steps. Document filed by Louis DeJoy, Donald J. Trump, United States Postal Service. (Attachments: # 1 Exhibit A - Service Performance Steps).(Tinio, Rebecca) (Entered: 10/01/2020)

1 Exhibit A - Service Performance Steps

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Oct. 1, 2020

Oct. 1, 2020

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LETTER addressed to Judge Victor Marrero from Rebecca S. Tinio dated October 2, 2020 re: Weekly Update. Document filed by Louis DeJoy, Donald J. Trump, United States Postal Service. (Attachments: # 1 Exhibit 1 - Congressional Update, # 2 Exhibit 2 - Service and Variance Report, # 3 Exhibit 3 - All Clear Reports and Service Performance Data).(Tinio, Rebecca) (Entered: 10/02/2020)

1 Exhibit 1 - Congressional Update

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2 Exhibit 2 - Service and Variance Report

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3 Exhibit 3 - All Clear Reports and Service Performance Data

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Oct. 2, 2020

Oct. 2, 2020

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69

LETTER addressed to Judge Victor Marrero from Rebecca S. Tinio dated October 2, 2020 re: Proposed Supplemental Guidance Document. Document filed by Louis DeJoy, Donald J. Trump, United States Postal Service. (Attachments: # 1 Exhibit A - Proposed Supplemental Guidance Document).(Tinio, Rebecca) (Entered: 10/02/2020)

1 Exhibit A - Proposed Supplemental Guidance Document

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Oct. 2, 2020

Oct. 2, 2020

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LETTER addressed to Judge Victor Marrero from Rebecca S. Tinio dated October 2, 2020 re: CORRECTED Letter re: Proposed Supplemental Guidance (with Exhibits B and C). Document filed by Louis DeJoy, Donald J. Trump, United States Postal Service. (Attachments: # 1 Exhibit A - Proposed Supplemental Guidance Document, # 2 Exhibit B - Clarifying Operating Instructions, # 3 Exhibit C - Additional Resources Memorandum).(Tinio, Rebecca) (Entered: 10/03/2020)

1 Exhibit A - Proposed Supplemental Guidance Document

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2 Exhibit B - Clarifying Operating Instructions

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3 Exhibit C - Additional Resources Memorandum

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Oct. 3, 2020

Oct. 3, 2020

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71

LETTER addressed to Judge Victor Marrero from Remy Green dated 2020-10-04 re: Proposed Edits to Defendants' Guidance Memorandum. Document filed by Alessandra Biaggi, Chris Burdick, Robert Golub, Mary Winton Green, Mondaire Jones, Stephanie Keegan, Rebecca Rieckhoff, Seth Rosen, Kathy Rothschild, Perry Sainati, Shannon Spencer, Carol Sussman, Mac Wallach, Marsie Wallach, Matthew Wallach, Diana M. Woody. (Attachments: # 1 Track Changes for Defendants' Proposed Guidance Memorandum).(Green, Remy) (Entered: 10/04/2020)

1 Track Changes for Defendants' Proposed Guidance Memorandum

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Oct. 4, 2020

Oct. 4, 2020

PACER
72

MEMO ENDORSEMENT on re: 71 Letter,, filed by Rebecca Rieckhoff, Diana M. Woody, Mondaire Jones, Alessandra Biaggi, Mary Winton Green, Mac Wallach, Robert Golub, Seth Rosen, Stephanie Keegan, Carol Sussman, Shannon Spencer, Kathy Rothschild, Chris Burdick, Matthew Wallach, Marsie Wallach, Perry Sainati. ENDORSEMENT: The parties are directed to meet and confer to reach an agreement resolving their differences concerning the proposed Guidance Memorandum no later than October 7, 2020. So Ordered (Signed by Judge Victor Marrero on 10/5/2020) (js) (Entered: 10/05/2020)

Oct. 5, 2020

Oct. 5, 2020

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73

LETTER MOTION for Conference and to Enforce addressed to Judge Victor Marrero from Remy Green dated 2020-10-06. Document filed by Alessandra Biaggi, Chris Burdick, Robert Golub, Mary Winton Green, Mondaire Jones, Stephanie Keegan, Rebecca Rieckhoff, Seth Rosen, Kathy Rothschild, Perry Sainati, Shannon Spencer, Carol Sussman, Mac Wallach, Marsie Wallach, Matthew Wallach, Diana M. Woody..(Green, Remy) (Entered: 10/06/2020)

Oct. 6, 2020

Oct. 6, 2020

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74

MEMO ENDORSEMENT on re: 73 LETTER MOTION for Conference and to Enforce addressed to Judge Victor Marrero from Remy Green dated 2020-10-06. filed by Rebecca Rieckhoff, Diana M. Woody, Mondaire Jones, Alessandra Biaggi, Mary Winton Green, Mac Wallach, Robert Golub, Seth Rosen, Stephanie Keegan, Carol Sussman, Shannon Spencer, Kathy Rothschild, Chris Burdick, Matthew Wallach, Marsie Wallach, Perry Sainati. ENDORSEMENT : The Government is directed to respond by 12 p.m. tomorrow, October 8, 2020., ( Responses due by 10/8/2020) (Signed by Judge Victor Marrero on 10/7/20) (yv) (Entered: 10/07/2020)

Oct. 7, 2020

Oct. 7, 2020

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75

LETTER addressed to Judge Victor Marrero from Remy Green dated 2020-10-07 re: Meet and Confer as Directed in ECF No. 72. Document filed by Alessandra Biaggi, Chris Burdick, Robert Golub, Mary Winton Green, Mondaire Jones, Stephanie Keegan, Rebecca Rieckhoff, Seth Rosen, Kathy Rothschild, Perry Sainati, Shannon Spencer, Carol Sussman, Mac Wallach, Marsie Wallach, Matthew Wallach, Diana M. Woody..(Green, Remy) (Entered: 10/07/2020)

Oct. 7, 2020

Oct. 7, 2020

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76

AMENDED LETTER addressed to Judge Victor Marrero from Remy Green dated 2020-10-07 re: CORRECTED LETTER - Meet and Confer as Directed in ECF No. 72. Document filed by Alessandra Biaggi, Chris Burdick, Robert Golub, Mary Winton Green, Mondaire Jones, Stephanie Keegan, Rebecca Rieckhoff, Seth Rosen, Kathy Rothschild, Perry Sainati, Shannon Spencer, Carol Sussman, Mac Wallach, Marsie Wallach, Matthew Wallach, Diana M. Woody..(Green, Remy) (Entered: 10/07/2020)

Oct. 7, 2020

Oct. 7, 2020

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77

LETTER addressed to Judge Victor Marrero from Rebecca S. Tinio dated October 8, 2020 re: Revised USPS Proposed Supplemental Guidance Document. Document filed by Louis DeJoy, Donald J. Trump, United States Postal Service. (Attachments: # 1 Exhibit A - Revised USPS Proposed Supplemental Guidance Document - Clean, # 2 Exhibit B - Revised USPS Proposed Supplemental Guidance Document - Redline).(Tinio, Rebecca) (Entered: 10/08/2020)

1 Exhibit A - Revised USPS Proposed Supplemental Guidance Document - Clean

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2 Exhibit B - Revised USPS Proposed Supplemental Guidance Document - Redline

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Oct. 8, 2020

Oct. 8, 2020

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78

LETTER RESPONSE in Opposition to Motion addressed to Judge Victor Marrero from AUSA Steven J. Kochevar dated October 8, 2020 re: 73 LETTER MOTION for Conference and to Enforce addressed to Judge Victor Marrero from Remy Green dated 2020-10-06. . Document filed by Louis DeJoy, Donald J. Trump, United States Postal Service..(Kochevar, Steven) (Entered: 10/08/2020)

Oct. 8, 2020

Oct. 8, 2020

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LETTER addressed to Judge Victor Marrero from Rebecca S. Tinio dated October 8, 2020 re: Additional Redline Relating to Parties' Respective Proposed Supplemental Guidance Documents. Document filed by Louis DeJoy, Donald J. Trump, United States Postal Service. (Attachments: # 1 Exhibit A - Additional Redline).(Tinio, Rebecca) (Entered: 10/08/2020)

1 Exhibit A - Additional Redline

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Oct. 8, 2020

Oct. 8, 2020

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LETTER addressed to Judge Victor Marrero from Remy Green dated 2020-10-08 re: Guidance Memorandum and Redline Issues. Document filed by Alessandra Biaggi, Chris Burdick, Robert Golub, Mary Winton Green, Mondaire Jones, Stephanie Keegan, Rebecca Rieckhoff, Seth Rosen, Kathy Rothschild, Perry Sainati, Shannon Spencer, Carol Sussman, Mac Wallach, Marsie Wallach, Matthew Wallach, Diana M. Woody. (Attachments: # 1 Redline of Defendants' Changes against Plaintiffs' Proposal for the Guidance Memorandum).(Green, Remy) (Entered: 10/08/2020)

1 Redline of Defendants' Changes against Plaintiffs' Proposal for the G

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Oct. 8, 2020

Oct. 8, 2020

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DECISION AND ORDER: Accordingly, it is hereby ORDERED that the parties meet and confer and propose agreed-upon language resolving the issues identified above no later than 3:00 p.m. on October 9, 2020. SO ORDERED. (Signed by Judge Victor Marrero on 10/8/2020) (jca) (Entered: 10/08/2020)

Oct. 8, 2020

Oct. 8, 2020

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DECISION AND ORDER denying 73 Letter Motion for Conference. Accordingly, it is hereby ORDERED that Plaintiffs' motion (Dkt. No. 73) for a conference and the expedited production of data is DENIED. (Signed by Judge Victor Marrero on 10/9/2020) (mro) (Entered: 10/09/2020)

Oct. 9, 2020

Oct. 9, 2020

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LETTER addressed to Judge Victor Marrero from Rebecca S. Tinio dated October 9, 2020 re: Parties' Agreements as to Supplemental Guidance Document. Document filed by Louis DeJoy, Donald J. Trump, United States Postal Service. (Attachments: # 1 Exhibit A - Clean Version of Supplemental Guidance Document Reflecting Parties' Agreements, # 2 Exhibit B - Redlined Version of Supplemental Guidance Document Reflecting Parties' Agreements).(Tinio, Rebecca) (Entered: 10/09/2020)

1 Exhibit A - Clean Version of Supplemental Guidance Document Reflecting Parties&#

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2 Exhibit B - Redlined Version of Supplemental Guidance Document Reflecting Partie

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Oct. 9, 2020

Oct. 9, 2020

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Case Details

State / Territory: New York

Case Type(s):

Election/Voting Rights

Special Collection(s):

COVID-19 (novel coronavirus)

Key Dates

Filing Date: Aug. 17, 2020

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Voters; Candidates for public office

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

United States Postal Service (- United States (national) -), Federal

Postmaster General (- United States (national) -), Federal

President (- United States (national) -), Federal

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

Ex parte Young (federal or state officials)

Constitutional Clause(s):

Due Process

Freedom of speech/association

Due Process: Substantive Due Process

Equal Protection

Availably Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: Mixed

Nature of Relief:

Injunction / Injunctive-like Settlement

Preliminary injunction / Temp. restraining order

Declaratory Judgment

Source of Relief:

Settlement

Litigation

Form of Settlement:

Court Approved Settlement or Consent Decree

Order Duration: 2020 - 2021

Content of Injunction:

Monitoring

Preliminary relief granted

Reporting

Issues

General:

Voting

Voting access

Voting:

Election administration

Vote dilution