Case: Eisen v. Cuomo

7:20-cv-05121 | U.S. District Court for the Southern District of New York

Filed Date: July 3, 2020

Closed Date: Aug. 12, 2020

Clearinghouse coding complete

Case Summary

An independent candidate for the United States House of Representatives in New York’s 17th congressional district filed a lawsuit on July 3, 2020 in order to declare unconstitutional, enjoin, or modify New York's in-person signature requirements for candidates seeking to qualify for the November 2020 elections due to the difficulties in obtaining these signatures caused by COVID-19. The Governor of New York had issued an Executive Order to suspend the collection of signatures for petitions of c…

An independent candidate for the United States House of Representatives in New York’s 17th congressional district filed a lawsuit on July 3, 2020 in order to declare unconstitutional, enjoin, or modify New York's in-person signature requirements for candidates seeking to qualify for the November 2020 elections due to the difficulties in obtaining these signatures caused by COVID-19. The Governor of New York had issued an Executive Order to suspend the collection of signatures for petitions of candidates seeking nominations of a major political party, but did not reduce the number of signatures needed for independent candidates. 

The plaintiff, represented by private counsel, alleged that New York's failure to modify the rules for independent candidates constituted a violation of the first and fourteenth amendments of the United States Constitution. The plaintiff brought the case under 42 U.S.C. § 1983, and sought a declaratory judgement, injunctive relief restraining defendants from enforcing the independent nominating petition requirements, lesser relief, and attorney's fees pursuant to 42 U.S.C. 1988. The case was filed in the U.S. Distirct Court for the Southern Distirct of New York, where it was assigned to Distirct Judge Phillip M. Halpern.

Shortly after the case was filed, the plaintiff filed a motion for a preliminary injunction. Judge Halpern denied the motion during a hearing on July 27, 2020. An amended complaint was filed on July 20, 2020, and another independent candidate joined as a plaintiff.

Before the defendants were due to file their answer, the parties agreed to dismiss the case with prejudice on August 12, 2020. It is not clear from the docket if there was a settlement agreement. It appears the plaintiff made it on to the ballot in the November 2020 election.

The case is now closed.

Summary Authors

Erika Farmer (1/28/2022)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/17322312/parties/eisen-v-cuomo/


Judge(s)

Halpern, Philip Morgan (New York)

Attorneys(s) for Plaintiff

Guerra, Michael Anthony (New York)

Tully, Jacob P (District of Columbia)

Tyrrell, James E III (District of Columbia)

Attorneys(s) for Defendant

Farber, Seth J (New York)

Kellner, Douglas A. (New York)

Judge(s)

Halpern, Philip Morgan (New York)

Attorneys(s) for Plaintiff

Guerra, Michael Anthony (New York)

Tully, Jacob P (District of Columbia)

Tyrrell, James E III (District of Columbia)

Attorneys(s) for Defendant

Farber, Seth J (New York)

Kellner, Douglas A. (New York)

Documents in the Clearinghouse

Document

7:20-cv-05121

Docket [PACER]

Aug. 12, 2020

Aug. 12, 2020

Docket
1

7:20-cv-05121

Complaint

July 3, 2020

July 3, 2020

Complaint
28

7:20-cv-05121

Amended Complaint

July 20, 2020

July 20, 2020

Complaint
36

7:20-cv-05121

Order

July 27, 2020

July 27, 2020

Order/Opinion
42

7:20-cv-05121

Stipulation of Voluntary Dismissal

Aug. 12, 2020

Aug. 12, 2020

Pleading / Motion / Brief

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/17322312/eisen-v-cuomo/

Last updated Aug. 15, 2022, 3:08 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against Andrew M. Cuomo, Douglas A. Kellner, Peter S. Kosinski, Andrew J. Spano. (Filing Fee $ 400.00, Receipt Number ANYSDC-20547355)Document filed by Joshua E. Eisen..(Guerra, Michael) (Entered: 07/03/2020)

July 3, 2020

July 3, 2020

Clearinghouse
2

CIVIL COVER SHEET filed..(Guerra, Michael) (Entered: 07/03/2020)

July 3, 2020

July 3, 2020

PACER
3

REQUEST FOR ISSUANCE OF SUMMONS as to Andrew M. Cuomo, re: 1 Complaint. Document filed by Joshua E. Eisen..(Guerra, Michael) (Entered: 07/03/2020)

July 3, 2020

July 3, 2020

PACER
4

REQUEST FOR ISSUANCE OF SUMMONS as to Peter S. Kosinski, re: 1 Complaint. Document filed by Joshua E. Eisen..(Guerra, Michael) (Entered: 07/03/2020)

July 3, 2020

July 3, 2020

PACER
5

REQUEST FOR ISSUANCE OF SUMMONS as to Douglas A. Kellner, re: 1 Complaint. Document filed by Joshua E. Eisen..(Guerra, Michael) (Entered: 07/03/2020)

July 3, 2020

July 3, 2020

PACER
6

REQUEST FOR ISSUANCE OF SUMMONS as to Andrew J. Spano, re: 1 Complaint. Document filed by Joshua E. Eisen..(Guerra, Michael) (Entered: 07/03/2020)

July 3, 2020

July 3, 2020

PACER

***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Michael Guerra. The party information for the following party/parties has been modified: Andrew M. Cuomo,Douglas A. Kellner,Peter S. Kosinski,Andrew J. Spano. The information for the party/parties has been modified for the following reason/reasons: party text was omitted;. (gp)

July 6, 2020

July 6, 2020

PACER

CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Philip M. Halpern. Please download and review the Individual Practices of the assigned District Judge, located at https://nysd.uscourts.gov/judges/district-judges. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at https://nysd.uscourts.gov/rules/ecf-related-instructions..(gp)

July 6, 2020

July 6, 2020

PACER

Magistrate Judge Lisa M. Smith 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. (gp)

July 6, 2020

July 6, 2020

PACER

Case Designated ECF. (gp)

July 6, 2020

July 6, 2020

PACER
7

ELECTRONIC SUMMONS ISSUED as to Andrew M. Cuomo..(gp) (Entered: 07/06/2020)

July 6, 2020

July 6, 2020

PACER
8

ELECTRONIC SUMMONS ISSUED as to Peter S. Kosinski..(gp) (Entered: 07/06/2020)

July 6, 2020

July 6, 2020

PACER
9

ELECTRONIC SUMMONS ISSUED as to Douglas A. Kellner. (gp) (Entered: 07/06/2020)

July 6, 2020

July 6, 2020

PACER
10

ELECTRONIC SUMMONS ISSUED as to Andrew J. Spano. (gp) (Entered: 07/06/2020)

July 6, 2020

July 6, 2020

PACER

Notice to Attorney Regarding Party Modification

July 6, 2020

July 6, 2020

PACER

Case Opening Initial Assignment Notice

July 6, 2020

July 6, 2020

PACER
11

MOTION for James E. Tyrrell III to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-20581413. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Joshua E. Eisen. (Attachments: # 1 Affidavit of James E. Tyrrell III in Support of Motion to Admit Counsel Pro Hac Vice, # 2 Exhibit A - Certificate of Good Standing (Maryland), # 3 Exhibit B - Certificate of Good Standing (District of Columbia), # 4 Text of Proposed Order).(Tyrrell, James) (Entered: 07/07/2020)

1 Affidavit of James E. Tyrrell III in Support of Motion to Admit Counsel Pro Hac

View on RECAP

2 Exhibit A - Certificate of Good Standing (Maryland)

View on PACER

3 Exhibit B - Certificate of Good Standing (District of Columbia)

View on PACER

4 Text of Proposed Order

View on RECAP

July 7, 2020

July 7, 2020

RECAP
12

MOTION for Jacob P. Tully to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-20581676. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Joshua E. Eisen. (Attachments: # 1 Affidavit of Jacob P. Tully in Support of Motion to Admit Counsel Pro Hac Vice, # 2 Exhibit A - Certificate of Good Standing (District of Columbia), # 3 Text of Proposed Order).(Tully, Jacob) (Entered: 07/07/2020)

1

View on RECAP

July 7, 2020

July 7, 2020

PACER

>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 12 MOTION for Jacob P. Tully to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-20581676. Motion and supporting papers to be reviewed by Clerk's Office staff. 11 MOTION for James E. Tyrrell III to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number ANYSDC-20581413. Motion and supporting papers to be reviewed by Clerk's Office staff. The document has been reviewed and there are no deficiencies. (aea)

July 7, 2020

July 7, 2020

PACER

Notice Regarding Pro Hac Vice Motion

July 7, 2020

July 7, 2020

PACER

***DELETED DOCUMENT. Deleted document number 13 ORDER FOR ADMISSION OF JACOB P. TULLY PRO HAC VICE. The document was incorrectly filed in this case. (ks)

July 8, 2020

July 8, 2020

PACER
13

Jacob P. Tully granting 12 Motion for Jacob P. Tully to Appear Pro Hac Vice. (Signed by Judge Philip M. Halpern on 7/8/2020) (ks) (Entered: 07/08/2020)

July 8, 2020

July 8, 2020

PACER
14

ORDER FOR ADMISSION OF JAMES E. TYRRELL III PRO HAC VICE granting 11 Motion for James E. Tyrrell III to Appear Pro Hac Vice. (Signed by Judge Philip M. Halpern on 7/8/2020) (ks) (Entered: 07/08/2020)

July 8, 2020

July 8, 2020

PACER
15

NOTICE OF APPEARANCE by James E. Tyrrell, III on behalf of Joshua E. Eisen..(Tyrrell, James) (Entered: 07/08/2020)

July 8, 2020

July 8, 2020

PACER
16

NOTICE OF APPEARANCE by Jacob P Tully on behalf of Joshua E. Eisen..(Tully, Jacob) (Entered: 07/08/2020)

July 8, 2020

July 8, 2020

PACER

Notice Regarding Deleted Document

July 8, 2020

July 8, 2020

PACER
17

FILING ERROR - DEFICIENT DOCKET ENTRY - PROPOSED ORDER TO SHOW CAUSE WITHOUT EMERGENCY RELIEF. Document filed by Joshua E. Eisen. (Attachments: # 1 Declaration of Joshua E. Eisen in Support, # 2 Exhibit State Court Petition, # 3 Exhibit State Court Decision, # 4 Declaration of James E. Tyrrell III in Support, # 5 Exhibit Complaint, # 6 Exhibit Cuomo Summons, # 7 Exhibit Kosinski Summons, # 8 Exhibit Kellner Summons, # 9 Exhibit Spano Summons, # 10 Exhibit State Court Petition, # 11 Exhibit State Court Decision, # 12 Exhibit Executive Order 202.46, # 13 Exhibit Executive Order 202, # 14 Exhibit Executive Order 202.2, # 15 Exhibit Executive Order 202.13, # 16 Exhibit Executive Order 202.26, # 17 Exhibit Executive Order 202.7, # 18 Exhibit Executive Order 202.14, # 19 Exhibit NYS Department of Health Article, # 20 Exhibit New York Times Article, # 21 Exhibit HamletHub Article, # 22 Exhibit Rockland Report Article, # 23 Exhibit The Island Now Article, # 24 Exhibit ABC News Article, # 25 Exhibit Poughkeepsie Journal Article, # 26 Exhibit CDC Article, # 27 Exhibit NYS Board of Elections Calendar, # 28 Exhibit DC Board of Elections Press Release, # 29 Exhibit Pew Research Center Article, # 30 Exhibit Gothamist Article, # 31 Exhibit Monmount University Article, # 32 Memorandum of Law in Support).(Tyrrell, James) Proposed Order to Show Cause to be reviewed by Clerk's Office staff. Modified on 7/10/2020 (dt). (Entered: 07/10/2020)

July 10, 2020

July 10, 2020

PACER

***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Notice to Attorney James Tyrrell to RE-FILE Document 17 Proposed Order to Show Cause Without Emergency Relief. ERROR(S): Documents have to be filed separately. 1st, File the Order to Show Cause using the event type Proposed Order to Show Cause Without Emergency Relief found under the event list Proposed Orders, then separately file each Declaration with exhibits using the event type Declaration in Support of a Non-Motion found under the event list Other Answers, then separately file the Memorandum of Law using the event type Memorandum of Law in Support of a Non-Motion found under the event list Other answers. (dt)

July 10, 2020

July 10, 2020

PACER
18

PROPOSED ORDER TO SHOW CAUSE WITHOUT EMERGENCY RELIEF. Document filed by Joshua E. Eisen..(Tyrrell, James) Proposed Order to Show Cause to be reviewed by Clerk's Office staff. (Entered: 07/10/2020)

July 10, 2020

July 10, 2020

PACER
19

DECLARATION of Joshua E. Eisen in Support re: 18 Proposed Order to Show Cause Without Emergency Relief. Document filed by Joshua E. Eisen. (Attachments: # 1 State Court Petition, # 2 State Court Decision).(Tyrrell, James) (Entered: 07/10/2020)

July 10, 2020

July 10, 2020

PACER
20

DECLARATION of James E. Tyrrell III in Support re: 18 Proposed Order to Show Cause Without Emergency Relief. Document filed by Joshua E. Eisen. (Attachments: # 1 Complaint, # 2 Cuomo Summons, # 3 Kosinski Summons, # 4 Kellner Summons, # 5 Spano Summons, # 6 State Court Petition, # 7 State Court Decision, # 8 Executive Order 202.46, # 9 Executive Order 202, # 10 Executive Order 202.2, # 11 Executive Order 202.13, # 12 Executive Order 202.26, # 13 Executive Order 202.7, # 14 Executive Order 202.14, # 15 NYS Department of Health Article, # 16 New York Times Article, # 17 HamletHub Article, # 18 Rockland Report Article, # 19 The Island Now Article, # 20 ABC News Article, # 21 Poughkeepsie Journal Article, # 22 CDC Article, # 23 NYS Board of Elections Calendar, # 24 DC Board of Elections Press Release, # 25 Pew Research Center Article, # 26 Gothamist Article, # 27 Monmount University Article).(Tyrrell, James) (Entered: 07/10/2020)

July 10, 2020

July 10, 2020

PACER
21

MEMORANDUM OF LAW in Support re: 18 Proposed Order to Show Cause Without Emergency Relief . Document filed by Joshua E. Eisen..(Tyrrell, James) (Entered: 07/10/2020)

July 10, 2020

July 10, 2020

PACER
22

NOTICE OF APPEARANCE by Douglas A. Kellner on behalf of Douglas A. Kellner..(Kellner, Douglas) (Entered: 07/10/2020)

July 10, 2020

July 10, 2020

PACER

Notice to Attorney to Re-File Document - Deficient Docket Entry Error

July 10, 2020

July 10, 2020

PACER

***NOTICE TO COURT REGARDING PROPOSED ORDER TO SHOW CAUSE WITHOUT EMERGENCY RELIEF. Document No. 18 Proposed Order to Show Cause Without Emergency Relief was reviewed and approved as to form. (km)

July 13, 2020

July 13, 2020

PACER

Notice to Court Regarding Proposed Order

July 13, 2020

July 13, 2020

PACER
23

NOTICE OF APPEARANCE by Seth Jonathan Farber on behalf of Andrew M. Cuomo, Douglas A. Kellner, Peter S. Kosinski, Andrew J. Spano..(Farber, Seth) (Entered: 07/14/2020)

July 14, 2020

July 14, 2020

PACER
24

LETTER MOTION for Conference re: 21 Memorandum of Law in Support, 18 Proposed Order to Show Cause Without Emergency Relief, 20 Declaration in Support,,, 19 Declaration in Support addressed to Judge Philip M. Halpern from James E. Tyrrell III dated July 14, 2020. Document filed by Joshua E. Eisen..(Tyrrell, James) (Entered: 07/14/2020)

July 14, 2020

July 14, 2020

PACER
25

ORDER granting 24 Letter Motion for Conference. Application for a conference granted. A telephone conference has been scheduled for 7/17/2020 at 12:00 p.m. At the time of the scheduled conference, all parties shall call the following number: (888) 398-2342; access code 3456831. Defendants are directed to file a response to this letter by 7/16/2020 at 5:00 p.m. SO ORDERED.. (Signed by Judge Philip M. Halpern on 7/15/2020) Telephone Conference set for 7/17/2020 at 12:00 PM before Judge Philip M. Halpern. (ks) (Entered: 07/15/2020)

July 15, 2020

July 15, 2020

RECAP
26

LETTER RESPONSE to Motion addressed to Judge Philip M. Halpern from Seth J. Farber dated July 16, 2020 re: 24 LETTER MOTION for Conference re: 21 Memorandum of Law in Support, 18 Proposed Order to Show Cause Without Emergency Relief, 20 Declaration in Support,,, 19 Declaration in Support addressed to Judge Philip M. Halpern from James . Document filed by Andrew M. Cuomo, Douglas A. Kellner, Peter S. Kosinski, Andrew J. Spano..(Farber, Seth) (Entered: 07/16/2020)

July 16, 2020

July 16, 2020

PACER
27

ORDER TO SHOW CAUSE FOR PRELIMINARY INJUNCTION: It is hereby ORDERED, that the above named Defendants or their counsel show cause at a hearing to be held in this Court before the Honorable Philip M. Halpern, United Stated District Judge, in Courtroom 12D, United States Courthouse, 500 Pearl Street, New York, NY on July 27, 2020 at 10:00 a.m. or as soon thereafter as counsel may be heard, why an order should not be issued pursuant to Rule 65 of the Federal Rules of Civil Procedure and the Court's inherent powers enjoining Defendants during the pendency of this action from enforcing New York's current ballot qualification requirements for independent candidates for Congress pursuant to N.Y. Election Law ยง 6100, et seq. and N.Y. Exec. Order No. 202.46 (June 30, 2020), which requires the submission of 2,450 "wet" signatures that an independent candidate must procure through in person solicitation with an in-person witness, over the course of 30 days in the middle of the global COVID-19 pandemic; and it is further ORDERED that, Defendants shall file with the Court and serve any responsive papers by ECF Plaintiff's consel, James E. Tyrrell, III, Esq., Venable LLP, 600 Massachusetts Avenue NW, Washington, D.C. 20001, JETyrrell@venable.com, on or before 5:00 p.m. on July 21, 2020 and that Plaintiff shall file with the Court and serve any reply papers by ECF on Defendants on Defedants' counsel, on or before 5:00 p.m. on July 23, 2020. SO ORDERED. (Signed by Judge Philip M. Halpern on 7/17/2020) Show Cause Hearing set for 7/27/2020 at 10:00 AM in Courtroom 12D, 500 Pearl Street, New York, NY 10007 before Judge Philip M. Halpern. Show Cause Response due by 7/21/2020. (ks) (Entered: 07/17/2020)

July 17, 2020

July 17, 2020

PACER

Minute Entry for proceedings held before Judge Philip M. Halpern: Telephone Conference held on 7/17/2020. Counsel for all parties and NYS BOE by Brian Quail and Nicholas Cartagena appeared by telephone. Court heard argument from the parties. Order to Show Cause will be separately docketed. (sbh).

July 17, 2020

July 17, 2020

PACER
28

AMENDED COMPLAINT amending 1 Complaint against Andrew M. Cuomo, Douglas A. Kellner, Peter S. Kosinski, Andrew J. Spano.Document filed by Joshua E. Eisen, Gary A. Greenberg. Related document: 1 Complaint..(Tyrrell, James) (Entered: 07/20/2020)

July 20, 2020

July 20, 2020

Clearinghouse
29

LETTER MOTION for Extension of Time to File Response/Reply as to 27 Order to Show Cause,,,,,,, addressed to Judge Philip M. Halpern from James E. Tyrrell III dated July 20, 2020. Document filed by Joshua E. Eisen, Gary A. Greenberg..(Tyrrell, James) (Entered: 07/20/2020)

July 20, 2020

July 20, 2020

PACER
30

JOINDER to join re: 18 Proposed Order to Show Cause Without Emergency Relief, 27 Order to Show Cause,,,,,,, . Document filed by Gary A. Greenberg. (Attachments: # 1 Exhibit A - Declaration of Gary A. Greenberg).(Tyrrell, James) (Entered: 07/21/2020)

July 21, 2020

July 21, 2020

PACER
31

MEMORANDUM OF LAW in Opposition re: 24 LETTER MOTION for Conference re: 21 Memorandum of Law in Support, 18 Proposed Order to Show Cause Without Emergency Relief, 20 Declaration in Support,,, 19 Declaration in Support addressed to Judge Philip M. Halpern from James Opposition to Plaintiffs' Motion for Preliminary Injunction. Document filed by Andrew M. Cuomo, Douglas A. Kellner, Peter S. Kosinski, Andrew J. Spano..(Farber, Seth) (Entered: 07/21/2020)

July 21, 2020

July 21, 2020

PACER
32

ORDER granting 29 Letter Motion for Extension of Time to File Response/Reply; 30 Joinder. Application for an extension of the deadlines granted; application of Gary A. Greenberg to join in the Order to Show Cause and pending application for a preliminary injunction granted. Defendants opposition due 7/23/2020 at 5:00 p.m.; reply due 7/24/2020 at 5:00 p.m. In addition, to the extent any individual plans to appear on the return date of the Order to Show Cause by video-conference, including witnesses, counsel must make such arrangements with the A/V department prior to that date (212-805-0134). Further, all members of the public, including attorneys, appearing at a Southern District of New York courthouse must complete a questionnaire and have their temperature taken before being allowed entry into that courthouse. On the day you are due to arrive at the courthouse, click on the following weblink. Follow the instructions and fill out the questionnaire. If your answers meet the requirements for entry, you will be sent a QR code to be used at the SDNY entry device at the courthouse entrance: https://app.certify.me/SDNYPublic Responses due by 7/23/2020 Replies due by 7/24/2020. (HEREBY ORDERED by Judge Philip M. Halpern)(Text Only Order) (sbh) (Entered: 07/21/2020)

July 21, 2020

July 21, 2020

PACER

Order on Motion for Extension of Time to File Response/Reply

July 21, 2020

July 21, 2020

PACER
33

DECLARATION of Todd D. Valentine in Opposition re: 24 LETTER MOTION for Conference re: 21 Memorandum of Law in Support, 18 Proposed Order to Show Cause Without Emergency Relief, 20 Declaration in Support,,, 19 Declaration in Support addressed to Judge Philip M. Halpern from James. Document filed by Andrew M. Cuomo, Douglas A. Kellner, Peter S. Kosinski, Andrew J. Spano..(Farber, Seth) (Entered: 07/23/2020)

July 23, 2020

July 23, 2020

PACER
34

MEMORANDUM OF LAW in Opposition re: 24 LETTER MOTION for Conference re: 21 Memorandum of Law in Support, 18 Proposed Order to Show Cause Without Emergency Relief, 20 Declaration in Support,,, 19 Declaration in Support addressed to Judge Philip M. Halpern from James Revised Memorandum of Law in Opposition to Motion for Preliminary Injunction. Document filed by Andrew M. Cuomo, Douglas A. Kellner, Peter S. Kosinski, Andrew J. Spano..(Farber, Seth) (Entered: 07/23/2020)

July 23, 2020

July 23, 2020

RECAP
35

REPLY MEMORANDUM OF LAW in Support re: 29 LETTER MOTION for Extension of Time to File Response/Reply as to 27 Order to Show Cause,,,,,,, addressed to Judge Philip M. Halpern from James E. Tyrrell III dated July 20, 2020. . Document filed by Joshua E. Eisen, Gary A. Greenberg..(Tyrrell, James) (Entered: 07/24/2020)

July 24, 2020

July 24, 2020

RECAP

Minute Entry for proceedings held before Judge Philip M. Halpern: Preliminary Injunction Hearing held on 7/27/2020. Counsel for defendants appeared in the courtroom and plaintiffs counsel by means of videoconference. Court heard argument from the parties. Neither party called any witnesses. The Court denied the motion for a preliminary injunction. Order to follow. See transcript. (Court Reporter Martha Martin) (sbh)

July 27, 2020

July 27, 2020

PACER
36

ORDER: Counsel for all parties appeared for the hearing I scheduled at 10:00 a.m. today; defendants' counsel in my courtroom and plaintiffs' counsel by means of videoconference. Oral argument was had on the record. Neither party called any witnesses. For the reasons indicated on the record and law cited therein, Plaintiffs' motion for a preliminary injunction (Docs. 18-21, 27) is DENIED. See transcript. SO-ORDERED. (Signed by Judge Philip M. Halpern on 7/27/2020) (ks) (Entered: 07/27/2020)

July 27, 2020

July 27, 2020

Clearinghouse
37

FIRST LETTER MOTION for Extension of Time to File Answer re: 28 Amended Complaint addressed to Judge Philip M. Halpern from Seth Farber dated July 31, 2020., LETTER MOTION for Extension of Time to File request to extend time to answer, move or otherwise respond to Amended Complaint addressed to Judge Philip M. Halpern from Seth Farber dated July 31, 2020. Document filed by Andrew M. Cuomo, Douglas A. Kellner, Peter S. Kosinski, Andrew J. Spano..(Farber, Seth) (Entered: 07/31/2020)

July 31, 2020

July 31, 2020

PACER
38

ORDER granting 37 Letter Motion for Extension of Time to Answer Andrew M. Cuomo answer due 8/17/2020; Douglas A. Kellner answer due 8/17/2020; Peter S. Kosinski answer due 8/17/2020; Andrew J. Spano answer due 8/17/2020; granting 37 Letter Motion for Extension of Time to File. Application granted. Defendants' time to answer or otherwise move with respect to the Amended Complaint due 8/17/2020. SO ORDERED.. (Signed by Judge Philip M. Halpern on 7/31/2020) (ks) (Entered: 07/31/2020)

July 31, 2020

July 31, 2020

RECAP
39

TRANSCRIPT of Proceedings re: order to show cause held on 7/27/2020 before Judge Philip M. Halpern. Court Reporter/Transcriber: Martha Martin, (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 8/26/2020. Redacted Transcript Deadline set for 9/8/2020. Release of Transcript Restriction set for 11/3/2020..(McGuirk, Kelly) (Entered: 08/05/2020)

Aug. 5, 2020

Aug. 5, 2020

PACER
40

NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a order to show cause proceeding held on 7/27/2020 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: 08/05/2020)

Aug. 5, 2020

Aug. 5, 2020

PACER
41

FILING ERROR - DEFICIENT DOCKET ENTRY - SIGNATURE ERROR - STIPULATION OF VOLUNTARY DISMISSAL It is hereby stipulated and agreed by and between the parties and/or their respective counsel(s) that the above-captioned action is voluntarily dismissed, with prejudice against the defendant(s) All Defendants and without costs pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure. Document filed by Douglas A. Kellner, Peter S. Kosinski, Andrew M. Cuomo, Andrew J. Spano. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers)...(Farber, Seth) Modified on 8/12/2020 (km). (Entered: 08/12/2020)

Aug. 12, 2020

Aug. 12, 2020

PACER

***NOTICE TO ATTORNEY REGARDING DEFICIENT VOLUNTARY DISMISSAL. Notice to Attorney Seth Farber. RE-FILE Document No. 41 Stipulation of Voluntary Dismissal. The filing is deficient for the following reason(s): the stipulation needs to have handwritten signatures of the attorneys. Re-file the document using the event type Stipulation of Voluntary Dismissal found under the event list Other Documents - select the correct filer/filers - select the correct party/parties the voluntary dismissal is against - and attach the correct signed PDF. (km)

Aug. 12, 2020

Aug. 12, 2020

PACER
42

STIPULATION OF VOLUNTARY DISMISSAL It is hereby stipulated and agreed by and between the parties and/or their respective counsel(s) that the above-captioned action is voluntarily dismissed, with prejudice against the defendant(s) All Defendants and without costs pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure. Document filed by Douglas A. Kellner, Peter S. Kosinski, Andrew M. Cuomo, Andrew J. Spano. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers)...(Farber, Seth) (Entered: 08/12/2020)

Aug. 12, 2020

Aug. 12, 2020

PACER

Notice to Attorney Regarding Deficient Voluntary Dismissal

Aug. 12, 2020

Aug. 12, 2020

PACER

Case Details

State / Territory: New York

Case Type(s):

Election/Voting Rights

Special Collection(s):

COVID-19 (novel coronavirus)

Healthy Elections COVID litigation tracker

Key Dates

Filing Date: July 3, 2020

Closing Date: Aug. 12, 2020

Case Ongoing: No

Plaintiffs

Plaintiff Description:

An independent candidate for the United States House of Representatives in New York’s 17th congressional district

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Governor of New York, State

Case Details

Causes of Action:

42 U.S.C. § 1983

Ex parte Young (federal or state officials)

Constitutional Clause(s):

Freedom of speech/association

Availably Documents:

Complaint (any)

Outcome

Prevailing Party: Unknown

Nature of Relief:

Unknown

Source of Relief:

Unknown

Form of Settlement:

Voluntary Dismissal

Content of Injunction:

Preliminary relief denied

Issues

General:

Voting

Voting access

Voting:

Candidate qualifications

Election administration