1
|
FILING ERROR - DEFICIENT PLEADING - FILED AGAINST PARTY ERROR - COMPLAINT against All Defendants. (Filing Fee $ 400.00, Receipt Number ANYSDC-20733786)Document filed by Samantha Pinsky, Kristin Sage Rockerman, Suraj Patel, Emily Gallagher, Tess Harkin, McNamee C. James, Katherine Stabile, Miriam Lazewatsky, Christian O'Toole, Caitlin Phung, Antonio Pontex-Nunez, Maria Barva, Jillian Santella, Myles Peterson, Seabright Aaron. (Attachments: # 1 Exhibit Exhibit 1 - Ballot Stamped "Invalid", # 2 Exhibit Exhibit 2 - BOE Twitter Thread).(Green, Remy) Modified on 7/20/2020 (jgo). (Entered: 07/17/2020)
1 Exhibit Exhibit 1 - Ballot Stamped "Invalid"
View on RECAP
2 Exhibit Exhibit 2 - BOE Twitter Thread
View on RECAP
|
July 17, 2020
|
July 17, 2020
Clearinghouse
|
2
|
CIVIL COVER SHEET filed..(Green, Remy) (Entered: 07/17/2020)
|
July 17, 2020
|
July 17, 2020
RECAP
|
3
|
MOTION for Preliminary Injunction . Document filed by Seabright Aaron, Maria Barva, Emily Gallagher, Tess Harkin, McNamee C. James, Miriam Lazewatsky, Christian O'Toole, Suraj Patel, Myles Peterson, Caitlin Phung, Samantha Pinsky, Antonio Pontex-Nunez, Kristin Sage Rockerman, Jillian Santella, Katherine Stabile. (Attachments: # 1 Memo of Law in Support of Motion).(Green, Remy) (Entered: 07/17/2020)
1 Memo of Law in Support of Motion
View on RECAP
|
July 17, 2020
|
July 17, 2020
RECAP
|
4
|
REQUEST FOR ISSUANCE OF SUMMONS as to New York State Board of Elections; Peter S. Kosinski, Andrew Spano, and Douglas Kellner, individually and in their official capacities as Commissioners of the New York State Board of Elections; Todd D. Valentine, Robert A. Brehm, individually and in their official capacities as Co-Executive Directors of the New York State Board of Elections; and Andrew Cuomo as Governor of the State of New York,, re: 1 Complaint,,. Document filed by Seabright Aaron, Maria Barva, Emily Gallagher, Tess Harkin, McNamee C. James, Miriam Lazewatsky, Christian O'Toole, Suraj Patel, Myles Peterson, Caitlin Phung, Samantha Pinsky, Antonio Pontex-Nunez, Kristin Sage Rockerman, Jillian Santella, Katherine Stabile..(Green, Remy) (Entered: 07/17/2020)
|
July 17, 2020
|
July 17, 2020
PACER
|
5
|
LETTER MOTION to Expedite and for Electronic Service, Directed to Part 1 addressed to Judge Edgardo Ramos from Remy Green dated 07/17/2020. Document filed by Seabright Aaron, Maria Barva, Emily Gallagher, Tess Harkin, McNamee C. James, Miriam Lazewatsky, Christian O'Toole, Suraj Patel, Myles Peterson, Caitlin Phung, Samantha Pinsky, Antonio Pontex-Nunez, Kristin Sage Rockerman, Jillian Santella, Katherine Stabile..(Green, Remy) (Entered: 07/17/2020)
|
July 17, 2020
|
July 17, 2020
RECAP
|
6
|
ORDER granting 5 Letter Motion to Expedite. The application is granted. If oral argument or a hearing is appropriate, it will be scheduled when a judge is assigned to the case. (Signed by Judge Edgardo Ramos on 7/17/2020) (rro) (Entered: 07/17/2020)
|
July 17, 2020
|
July 17, 2020
RECAP
|
7
|
AFFIDAVIT OF SERVICE of Summons and Complaint,,. All Defendants. Document filed by Samantha Pinsky, Kristin Sage Rockerman, Suraj Patel, Emily Gallagher, Tess Harkin, McNamee C. James, Katherine Stabile, Miriam Lazewatsky, Christian O'Toole, Caitlin Phung, Antonio Pontex-Nunez, Maria Barva, Jillian Santella, Myles Peterson, Seabright Aaron., AFFIDAVIT OF SERVICE of Plaintiffs Motion for a Preliminary Injunction (ECF Nos. 3; 3-1); and the Court's Order expediting proceedings (as well as the letter motion on which that relief was granted) served on New York State Board of Elections; Peter S. Kosinski, Andrew Spano, and Douglas Kellner, individually and in their official capacities as Commissioners of the New York State Board of Elections; Todd D. Valentine, Robert A. Brehm, individually and in their official capacities as Co-Executive Directors of the New York State Board of Elections; and Andrew Cuomo as Governor of the State of New York, on 7/17/2020. Document filed by Samantha Pinsky, Kristin Sage Rockerman, Suraj Patel, Emily Gallagher, Tess Harkin, McNamee C. James, Katherine Stabile, Miriam Lazewatsky, Christian O'Toole, Caitlin Phung, Antonio Pontex-Nunez, Maria Barva, Jillian Santella, Myles Peterson, Seabright Aaron..(Green, Remy) (Entered: 07/17/2020)
|
July 17, 2020
|
July 17, 2020
RECAP
|
|
Set/Reset Deadlines
|
July 17, 2020
|
July 17, 2020
PACER
|
|
Set/Reset Deadlines: Responses due by 7/22/2020 Replies due by 7/22/2020. (rro)
|
July 17, 2020
|
July 17, 2020
PACER
|
8
|
NOTICE OF APPEARANCE by Ali Najmi on behalf of Seabright Aaron, Maria Barva, Emily Gallagher, Tess Harkin, McNamee C. James, Miriam Lazewatsky, Christian O'Toole, Suraj Patel, Myles Peterson, Caitlin Phung, Samantha Pinsky, Antonio Pontex-Nunez, Kristin Sage Rockerman, Jillian Santella, Katherine Stabile..(Najmi, Ali) (Entered: 07/18/2020)
|
July 18, 2020
|
July 18, 2020
PACER
|
9
|
ELECTRONIC SUMMONS ISSUED as to Robert A. Brehm, Andrew Cuomo, Douglas Kellner, Peter S. Kosinski, New York State Board of Elections, Andrew Spano, Todd D. Valentine..(jgo) (Entered: 07/20/2020)
|
July 20, 2020
|
July 20, 2020
RECAP
|
10
|
NOTICE OF APPEARANCE by Douglas A. Kellner on behalf of Douglas Kellner..(Kellner, Douglas) (Entered: 07/20/2020)
|
July 20, 2020
|
July 20, 2020
RECAP
|
|
Add Party for Pleading
|
July 20, 2020
|
July 20, 2020
PACER
|
|
Case Designated ECF
|
July 20, 2020
|
July 20, 2020
PACER
|
|
Notice to Attorney Regarding Case Opening Statistical Error Correction
|
July 20, 2020
|
July 20, 2020
PACER
|
|
***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Remy Green. The party information for the following party/parties has been modified: Seabright Aaron; McNamee C. James; . The information for the party/parties has been modified for the following reason/reasons: party name contained a typographical error; party text contained a typographical error;. (jgo)
|
July 20, 2020
|
July 20, 2020
PACER
|
|
***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Remy Green to RE-FILE re: Document No. 1 Complaint. The filing is deficient for the following reason(s): the All Defendant radio button was selected;. Docket the event type Add Party to Pleading found under the event list Complaints and Other Initiating Documents.. Re-file the pleading using the event type Complaint found under the event list Complaints and Other Initiating Documents - attach the correct signed PDF - select the individually named filer/filers - select the individually named party/parties the pleading is against. (jgo)
|
July 20, 2020
|
July 20, 2020
PACER
|
|
Case Opening Initial Assignment Notice
|
July 20, 2020
|
July 20, 2020
PACER
|
|
CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Analisa Torres. 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..(jgo)
|
July 20, 2020
|
July 20, 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)
|
July 20, 2020
|
July 20, 2020
PACER
|
|
Notice to Attorney Regarding Party Modification
|
July 20, 2020
|
July 20, 2020
PACER
|
|
Case Designation
|
July 20, 2020
|
July 20, 2020
PACER
|
|
ADD PARTY FOR PLEADING. Defendants/Respondents Robert A. Brehm, Andrew Cuomo, Douglas Kellner, Peter S. Kosinski, New York State Board of Elections, Andrew Spano, Todd D. Valentine added. Party added pursuant to 1 Complaint,,.Document filed by Samantha Pinsky, Kristin Sage Rockerman, Suraj Patel, Emily Gallagher, Tess Harkin, James C. McNamee, Katherine Stabile, Miriam Lazewatsky, Christian O'Toole, Caitlin Phung, Antonio Pontex-Nunez, Maria Barva, Jillian Santella, Myles Peterson, Aaron Seabright. Related document: 1 Complaint,,..(Green, Remy)
|
July 20, 2020
|
July 20, 2020
PACER
|
|
Case Designated ECF. (jgo)
|
July 20, 2020
|
July 20, 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. (jgo)
|
July 20, 2020
|
July 20, 2020
PACER
|
|
Notice to Attorney Regarding Deficient Pleading
|
July 20, 2020
|
July 20, 2020
PACER
|
11
|
MOTION to Intervene and for Preliminary Injunction. Document filed by Maria D. Kaufer, Ethan Felder. (Attachments: # 1 Exhibit Proposed Intervenors' Complaint, # 2 Exhibit Ex. A to Proposed Intervenors' Complaint).(Schwartz, Arthur) (Entered: 07/22/2020)
1 Exhibit Proposed Intervenors' Complaint
View on RECAP
2 Exhibit Ex. A to Proposed Intervenors' Complaint
View on PACER
|
July 22, 2020
|
July 22, 2020
RECAP
|
12
|
MEMORANDUM OF LAW in Support re: 11 MOTION to Intervene and for Preliminary Injunction. . Document filed by Ethan Felder, Maria D. Kaufer..(Schwartz, Arthur) (Entered: 07/22/2020)
|
July 22, 2020
|
July 22, 2020
RECAP
|
13
|
ORDER with respect to 11 Motion to Intervene. It is ORDERED that Defendants shall include their response to the motion to intervene in their opposition to Plaintiffs' motion for preliminary injunctive relief, which is due by July 22, 2020. See ECF No. 6. It is further ORDERED that, if Plaintiffs oppose the motion to intervene, they also shall inform the Court of their position by July 22, 2020. SO ORDERED. (Signed by Judge Analisa Torres on 7/22/2020) (kv) (Entered: 07/22/2020)
|
July 22, 2020
|
July 22, 2020
RECAP
|
14
|
LETTER addressed to Judge Analisa Torres from Remy Green dated 7/22/2020 re: Consent to Intervention Motion and Scheduling in Gallagher et al. v. New York State Board of Elections et al., 20-cv-5504. Document filed by Maria Barva, Emily Gallagher, Tess Harkin, Miriam Lazewatsky, James C. McNamee, Christian O'Toole, Suraj Patel, Myles Peterson, Caitlin Phung, Samantha Pinsky, Antonio Pontex-Nunez, Kristin Sage Rockerman, Jillian Santella, Aaron Seabright, Katherine Stabile..(Green, Remy) (Entered: 07/22/2020)
|
July 22, 2020
|
July 22, 2020
RECAP
|
15
|
MEMO ENDORSEMENT on re: 14 Letter, filed by Antonio Pontex-Nunez, Caitlin Phung, Kristin Sage Rockerman, Jillian Santella, Samantha Pinsky, James C. McNamee, Emily Gallagher, Maria Barva, Suraj Patel, Christian O'Toole, Tess Harkin, Miriam Lazewatsky, Aaron Seabright, Katherine Stabile, Myles Peterson. ENDORSEMENT: GRANTED. By July 23, 2020, Plaintiffs shall file their reply, if any. SO ORDERED. (Replies due by 7/23/2020.) (Signed by Judge Analisa Torres on 7/22/2020) (kv) (Entered: 07/22/2020)
|
July 22, 2020
|
July 22, 2020
RECAP
|
16
|
NOTICE OF APPEARANCE by Owen Thomas Conroy on behalf of Robert A. Brehm, Andrew Cuomo, Douglas Kellner, Peter S. Kosinski, New York State Board of Elections, Andrew Spano, Todd D. Valentine..(Conroy, Owen) (Entered: 07/22/2020)
|
July 22, 2020
|
July 22, 2020
PACER
|
17
|
MEMORANDUM OF LAW in Opposition re: 3 MOTION for Preliminary Injunction . . Document filed by Robert A. Brehm, Andrew Cuomo, Douglas Kellner, Peter S. Kosinski, New York State Board of Elections, Andrew Spano, Todd D. Valentine..(Conroy, Owen) (Entered: 07/22/2020)
|
July 22, 2020
|
July 22, 2020
RECAP
|
18
|
DECLARATION of Robert A. Brehm in Opposition re: 3 MOTION for Preliminary Injunction .. Document filed by Robert A. Brehm, Andrew Cuomo, Douglas Kellner, Peter S. Kosinski, New York State Board of Elections, Andrew Spano, Todd D. Valentine. (Attachments: # 1 Exhibit Gallagher Order to Show Cause, # 2 Exhibit Patel Order to Show Cause, # 3 Exhibit USPS Postmarking Guidelines).(Conroy, Owen) (Entered: 07/22/2020)
|
July 22, 2020
|
July 22, 2020
PACER
|
|
Set/Reset Deadlines
|
July 22, 2020
|
July 22, 2020
PACER
|
|
Set/Reset Deadlines: Responses due by 7/22/2020 (kv)
|
July 22, 2020
|
July 22, 2020
PACER
|
19
|
LETTER MOTION to Expedite Order Allowing Intervention and Directing Defendants in Intervention NYC Board of Elections et al to Respond to Preliminary Injunction Motion addressed to Judge Analisa Torres from Arthur Schwartz dated July 22, 2020. Document filed by Ethan Felder, Maria D. Kaufer. Return Date set for 7/23/2020 at 10:00 AM..(Schwartz, Arthur) (Entered: 07/23/2020)
|
July 23, 2020
|
July 23, 2020
RECAP
|
20
|
ORDER granting 11 Motion to Intervene; terminating 19 Letter Motion to Expedite. Accordingly, the motion to intervene under Rule 24(b) of the Federal Rules of Civil Procedure is GRANTED. It is ORDERED that Proposed Plaintiff-Intervenors shall immediately notify Proposed NYCBOE Defendants of this order, and shall serve on Proposed NYCBOE Defendants their complaint, motion, supporting memorandum of law, and this order by email to the NYCBOEs general counsel and the New York City Law Department. It is further ORDERED that by July 24, 2020, Proposed NYCBOE Defendants shall file their opposition to Proposed Plaintiff-Intervenors' request for a preliminary injunction. The Clerk of Court is directed to terminate the motions at ECF Nos. 11 and 19, amend the caption as styled above, and add to the docket as Defendants the New York City Board of Elections, Patricia Anne Taylor, individually and as President of the New York City Board of Elections, and Michael J. Ryan, individually and as the Executive Director of the New York City Board of Elections. SO ORDERED. (Signed by Judge Analisa Torres on 7/23/2020) (kv) (Entered: 07/23/2020)
|
July 23, 2020
|
July 23, 2020
Clearinghouse
|
21
|
FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - MOTION Clarify Order Regarding Service of Process re: 6 Order on Motion to Expedite . Document filed by Maria Barva, Emily Gallagher, Tess Harkin, Miriam Lazewatsky, James C. McNamee, Christian O'Toole, Suraj Patel, Myles Peterson, Caitlin Phung, Samantha Pinsky, Antonio Pontex-Nunez, Kristin Sage Rockerman, Jillian Santella, Aaron Seabright, Katherine Stabile..(Green, Remy) Modified on 8/12/2020 (db). (Entered: 07/23/2020)
|
July 23, 2020
|
July 23, 2020
RECAP
|
22
|
RESPONSE in Support of Motion re: 3 MOTION for Preliminary Injunction . . Document filed by Maria Barva, Emily Gallagher, Tess Harkin, Miriam Lazewatsky, James C. McNamee, Christian O'Toole, Suraj Patel, Myles Peterson, Caitlin Phung, Samantha Pinsky, Antonio Pontex-Nunez, Kristin Sage Rockerman, Jillian Santella, Aaron Seabright, Katherine Stabile. (Attachments: # 1 Affidavit Gallagher Declaration, # 2 Exhibit Gallagher Ex. A, # 3 Exhibit Gallagher Ex. B, # 4 Exhibit Gallagher Ex. C, # 5 Affidavit Patel Declaration, # 6 Exhibit Patel Exhibit A, # 7 Exhibit Patel Exhibit B, # 8 Exhibit Patel Exhibit C).(Green, Remy) (Entered: 07/24/2020)
|
July 24, 2020
|
July 24, 2020
PACER
|
23
|
REPLY AFFIDAVIT of Maria D. Kaufer in Support re: 11 MOTION to Intervene and for Preliminary Injunction., 3 MOTION for Preliminary Injunction .. Document filed by Ethan Felder, Maria D. Kaufer. (Attachments: # 1 Exhibit Exhibit C - NYCBOE List of Disqualified Ballots By Assembly District, # 2 Exhibit Exhibit D - NYCBOE List of "Invalid Ballot Codes").(Schwartz, Arthur) (Entered: 07/24/2020)
|
July 24, 2020
|
July 24, 2020
PACER
|
24
|
LETTER MOTION for Extension of Time to File Reply Brief (ECF No. 22) addressed to Judge Analisa Torres from Remy Green dated 07/24/2020. Document filed by Maria Barva, Emily Gallagher, Tess Harkin, Miriam Lazewatsky, James C. McNamee, Christian O'Toole, Suraj Patel, Myles Peterson, Caitlin Phung, Samantha Pinsky, Antonio Pontex-Nunez, Kristin Sage Rockerman, Jillian Santella, Aaron Seabright, Katherine Stabile..(Green, Remy) (Entered: 07/24/2020)
|
July 24, 2020
|
July 24, 2020
PACER
|
25
|
ORDER granting 24 Letter Motion for Extension of Time to File. GRANTED. SO ORDERED. (Signed by Judge Analisa Torres on 7/24/2020) (kv) (Entered: 07/24/2020)
|
July 24, 2020
|
July 24, 2020
RECAP
|
26
|
REPLY AFFIRMATION of Arthur Z. Schwartz in Support re: 11 MOTION to Intervene and for Preliminary Injunction., 3 MOTION for Preliminary Injunction .. Document filed by Ethan Felder, Maria D. Kaufer. (Attachments: # 1 Exhibit Ex. E -NY Times Article Re Mailing of Absentee Ballots, # 2 Exhibit Ex. F(1) - NYCBOE Canvassing Rules, # 3 Exhibit Ex. F(2) - NYCBOE "Other Ballot" Canvass Rules, # 4 Exhibit Ex. G - Shabazz v NYCBOE Decision, # 5 Exhibit Ex. H - Postal Manual Provision).(Schwartz, Arthur) (Entered: 07/24/2020)
|
July 24, 2020
|
July 24, 2020
PACER
|
27
|
REPLY AFFIRMATION of Arthur Z. Schwartz in Support re: 11 MOTION to Intervene and for Preliminary Injunction., 3 MOTION for Preliminary Injunction .. Document filed by Ethan Felder, Maria D. Kaufer. (Attachments: # 1 Exhibit Ex. E - NY Times Article on Late Ballot Mailing, # 2 Exhibit Ex. F. - NYCBOE Canvassing Regulations, # 3 Exhibit Ex. F(2) - NYCBOE "Other Ballot" Canvass Rules, # 4 Exhibit Ex. G - Shabazz v Board of Elections Decision & Order, # 5 Exhibit Ex. H - Postal Manual Provision, # 6 Exhibit Ex. I - 27th Congressional District Results).(Schwartz, Arthur) (Entered: 07/24/2020)
|
July 24, 2020
|
July 24, 2020
PACER
|
28
|
REPLY MEMORANDUM OF LAW in Support re: 11 MOTION to Intervene and for Preliminary Injunction., 3 MOTION for Preliminary Injunction . . Document filed by Ethan Felder, Maria D. Kaufer..(Schwartz, Arthur) (Entered: 07/24/2020)
|
July 24, 2020
|
July 24, 2020
PACER
|
29
|
LETTER MOTION for Extension of Time to File Response/Reply as to 23 Reply Affidavit in Support of Motion, 27 Reply Affirmation in Support of Motion,, 26 Reply Affirmation in Support of Motion,, 28 Reply Memorandum of Law in Support of Motion addressed to Judge Analisa Torres from Arthur Z. Schwartz dated July 24, 2020. Document filed by Ethan Felder, Maria D. Kaufer..(Schwartz, Arthur) (Entered: 07/24/2020)
|
July 24, 2020
|
July 24, 2020
PACER
|
30
|
ORDER granting 29 Letter Motion for Extension of Time to File Response/Reply. GRANTED. SO ORDERED. (Signed by Judge Analisa Torres on 7/24/2020) (kv) (Entered: 07/24/2020)
|
July 24, 2020
|
July 24, 2020
PACER
|
31
|
FINAL REPLY MEMORANDUM OF LAW in Support re: 11 MOTION to Intervene and for Preliminary Injunction., 3 MOTION for Preliminary Injunction . (Corrected Copy). Document filed by Ethan Felder, Maria D. Kaufer..(Schwartz, Arthur) (Entered: 07/24/2020)
|
July 24, 2020
|
July 24, 2020
PACER
|
32
|
NOTICE OF APPEARANCE by Stephen Edward Kitzinger on behalf of New York City Board of Elections, Michael J. Ryan(individually), Patricia Anne Taylor(President of the New York Baord of Elections)..(Kitzinger, Stephen) (Entered: 07/24/2020)
|
July 24, 2020
|
July 24, 2020
PACER
|
33
|
DECLARATION of Bart J. Haggerty in Opposition re: 11 MOTION to Intervene and for Preliminary Injunction.. Document filed by New York City Board of Elections, Michael J. Ryan(individually), Patricia Anne Taylor(President of the New York Baord of Elections)..(Kitzinger, Stephen) (Entered: 07/24/2020)
|
July 24, 2020
|
July 24, 2020
PACER
|
34
|
MEMORANDUM OF LAW in Opposition re: 11 MOTION to Intervene and for Preliminary Injunction. . Document filed by New York City Board of Elections, Michael J. Ryan(individually), Patricia Anne Taylor(President of the New York Baord of Elections)..(Kitzinger, Stephen) (Entered: 07/24/2020)
|
July 24, 2020
|
July 24, 2020
PACER
|
35
|
RESPONSE in Support of Motion re: 11 MOTION to Intervene and for Preliminary Injunction., 3 MOTION for Preliminary Injunction . . Document filed by Ethan Felder, Maria D. Kaufer. (Attachments: # 1 Appendix Decision in Self Advocacy Systems v Jaeger).(Schwartz, Arthur) (Entered: 07/25/2020)
|
July 25, 2020
|
July 25, 2020
PACER
|
36
|
LETTER MOTION for Leave to File Sur-Reply Letter Responding to NYCBOE'S July 24, 2020 Submission addressed to Judge Analisa Torres from Arthur Z. Schwartz dated July 25, 2020. Document filed by Ethan Felder, Maria D. Kaufer..(Schwartz, Arthur) (Entered: 07/25/2020)
|
July 25, 2020
|
July 25, 2020
PACER
|
37
|
FILING ERROR SUMMONS NOT LINKED TO CORRESPONDING PLEADING- REQUEST FOR ISSUANCE OF SUMMONS as to NYC Board of Elections, re: 1 Complaint,,. Document filed by Ethan Felder, Maria D. Kaufer..(Schwartz, Arthur) Modified on 7/27/2020 (dnh). (Entered: 07/25/2020)
|
July 25, 2020
|
July 25, 2020
PACER
|
38
|
FILING ERROR SUMMONS NOT LINKED TO CORRESPONDING PLEADING- REQUEST FOR ISSUANCE OF SUMMONS as to Patricia Anne Taylor, re: 1 Complaint,,. Document filed by Ethan Felder, Maria D. Kaufer..(Schwartz, Arthur) Modified on 7/27/2020 (dnh). (Entered: 07/25/2020)
|
July 25, 2020
|
July 25, 2020
PACER
|
39
|
FILING ERROR SUMMONS NOT LINKED TO CORRESPONDING PLEADING- REQUEST FOR ISSUANCE OF SUMMONS as to Michael J. Ryan, re: 1 Complaint,,. Document filed by Ethan Felder, Maria D. Kaufer..(Schwartz, Arthur) Modified on 7/27/2020 (dnh). (Entered: 07/25/2020)
|
July 25, 2020
|
July 25, 2020
PACER
|
40
|
INTERVENOR COMPLAINT against New York City Board of Elections, Michael J. Ryan(individually), Patricia Anne Taylor(President of the New York Baord of Elections).Document filed by Ethan Felder, Maria D. Kaufer. (Attachments: # 1 Exhibit Ex. A - Emaill Exchange Between A Schwartz and S Richman).(Schwartz, Arthur) (Entered: 07/25/2020)
|
July 25, 2020
|
July 25, 2020
PACER
|
41
|
FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST As To - REQUEST FOR ISSUANCE OF SUMMONS as to NYC Board of Elections, re: 40 Intervenor Complaint,. Document filed by Ethan Felder, Maria D. Kaufer..(Schwartz, Arthur) Modified on 7/27/2020 (dnh). (Entered: 07/25/2020)
|
July 25, 2020
|
July 25, 2020
PACER
|
42
|
FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to Patricia Anne Taylor, re: 40 Intervenor Complaint,. Document filed by Ethan Felder, Maria D. Kaufer..(Schwartz, Arthur) Modified on 7/27/2020 (dnh). (Entered: 07/25/2020)
|
July 25, 2020
|
July 25, 2020
PACER
|
43
|
REQUEST FOR ISSUANCE OF SUMMONS as to Michael J. Ryan, re: 40 Intervenor Complaint,. Document filed by Ethan Felder, Maria D. Kaufer..(Schwartz, Arthur) (Entered: 07/25/2020)
|
July 25, 2020
|
July 25, 2020
PACER
|
44
|
ORDER: The Court plans to schedule an evidentiary hearing on Plaintiffs and Plaintiff-Intervenors' requests for injunctive relief. Accordingly, it is ORDERED that the parties are directed to meet and confer, and, by 12:00 p.m. on July 25, 2020, inform the Court as to the date by which the results of the June 23, 2020 primary election must be certified, providing the legal authority for their conclusion. (HEREBY ORDERED by Judge Analisa Torres) (Text Only Order) (ah) (Entered: 07/25/2020)
|
July 25, 2020
|
July 25, 2020
PACER
|
45
|
AMENDED ORDER: The Court plans to schedule an evidentiary hearing on Plaintiffs and Plaintiff-Intervenors' requests for injunctive relief. Accordingly, it is ORDERED that the parties are directed to meet and confer, and, by 12:00 p.m. on July 26, 2020, inform the Court as to the date by which the results of the June 23, 2020 primary election must be certified, providing the legal authority for their conclusion. The parties are directed to disregard the order at ECF No. 44. (HEREBY ORDERED by Judge Analisa Torres) (Text Only Order) (ah) (Entered: 07/25/2020)
|
July 25, 2020
|
July 25, 2020
PACER
|
|
Order
|
July 25, 2020
|
July 25, 2020
PACER
|
46
|
LETTER addressed to Judge Analisa Torres from Owen T. Conroy dated July 26, 2020 re: Primary Certification. Document filed by Robert A. Brehm, Andrew Cuomo, Douglas Kellner, Peter S. Kosinski, New York State Board of Elections, Andrew Spano, Todd D. Valentine..(Conroy, Owen) (Entered: 07/26/2020)
|
July 26, 2020
|
July 26, 2020
PACER
|
47
|
LETTER addressed to Judge Analisa Torres from Stephen Kitzinger dated July 26, 2020 re: schedule for certification of Primary Election results. Document filed by New York City Board of Elections, Michael J. Ryan(individually), Patricia Anne Taylor(President of the New York Baord of Elections)..(Kitzinger, Stephen) (Entered: 07/26/2020)
|
July 26, 2020
|
July 26, 2020
PACER
|
48
|
ORDER: it is hereby ORDERED that: On July 29, 2020, at 9:30 a.m., the parties shall appear for an evidentiary hearing on Plaintiffs' and Plaintiff-Intervenors' applications for injunctive relief. The hearing shall proceed via videoconference. Chambers will email instructions directly to the parties. The parties shall email their appearance information to Torres_NYSDChambers@nysd.uscourts.gov by July 28, 2020, at 12:00 p.m. Members of the public may access the audio of the proceeding by calling (888) 398-2342 or (215) 861-0674 and entering conference ID number 5598827. Any documentary evidence, in the form of affidavits, declarations, or otherwise, must be submitted to the Court by July 28, 2020, at 12:00 p.m. At the hearing, the parties should be prepared to present evidence in the form of live testimony. The parties shall identify witnesses they seek to call by July 28, 2020, at 12:00 p.m. Each party shall have the opportunity to cross-examine any witness called by a party, and as further specified and set forth in this Order. So ordered. (Telephone Conference set for 7/29/2020 at 09:30 AM before Judge Analisa Torres). (Signed by Judge Analisa Torres on 7/26/2020) (rjm) (Entered: 07/27/2020)
|
July 26, 2020
|
July 26, 2020
PACER
|
49
|
ORDER granting 36 Letter Motion for Leave to File Document. GRANTED. SO ORDERED. (Signed by Judge Analisa Torres on 7/27/2020) (kv) (Entered: 07/27/2020)
|
July 27, 2020
|
July 27, 2020
PACER
|
50
|
ELECTRONIC SUMMONS ISSUED as to Michael J. Ryan..(dnh) (Entered: 07/27/2020)
|
July 27, 2020
|
July 27, 2020
RECAP
|
51
|
LETTER addressed to Judge Analisa Torres from Arthur Z. Schwartz dated July 27, 2020 re: Additional Information Needed for July 29, 2020 Hearing. Document filed by Ethan Felder, Maria D. Kaufer..(Schwartz, Arthur) (Entered: 07/27/2020)
|
July 27, 2020
|
July 27, 2020
RECAP
|
52
|
ORDER re: 48 Scheduling Order. In addition to the deadlines set forth in that order, it is ORDERED that: 1. By July 28, 2020, at 12:00 p.m., the parties shall file on ECF a list of exhibits to be offered by each party. The parties shall also submit each exhibit pre-marked (plaintiff to use numbers, defendant to use letters). For any exhibit as to which there is an objection, the objecting party shall briefly specify, next to the listing of that exhibit, the nature of the party's objection. Where a party objects to an exhibit on any ground other than authenticity, the objection shall cite the Federal Rule of Evidence that is the basis for the objection. Any objection not listed shall be deemed waived. (as further set forth herein). SO ORDERED. (Signed by Judge Analisa Torres on 7/27/2020) (kv) (Entered: 07/27/2020)
|
July 27, 2020
|
July 27, 2020
RECAP
|
53
|
NOTICE OF APPEARANCE by Jonathan Wallace on behalf of Maria Barva, Emily Gallagher, Tess Harkin, Miriam Lazewatsky, James C. McNamee, Christian O'Toole, Suraj Patel, Myles Peterson, Caitlin Phung, Samantha Pinsky, Antonio Pontex-Nunez, Kristin Sage Rockerman, Jillian Santella, Aaron Seabright, Katherine Stabile..(Wallace, Jonathan) (Entered: 07/27/2020)
|
July 27, 2020
|
July 27, 2020
PACER
|
54
|
LETTER MOTION for Conference re: 52 Order,,, 48 Scheduling Order,,,, addressed to Judge Analisa Torres from Remy Green dated 07/27/2020. Document filed by Maria Barva, Emily Gallagher, Tess Harkin, Miriam Lazewatsky, James C. McNamee, Christian O'Toole, Suraj Patel, Myles Peterson, Caitlin Phung, Samantha Pinsky, Antonio Pontex-Nunez, Kristin Sage Rockerman, Jillian Santella, Aaron Seabright, Katherine Stabile..(Green, Remy) (Entered: 07/27/2020)
|
July 27, 2020
|
July 27, 2020
PACER
|
55
|
It is ORDERED that the Court shall hold a telephonic conference in this matter on July 27, 2020, at 7:00 p.m. The parties shall call into the Courts dedicated conference line at (888) 398-2342, and then enter the access code 559-8827, followed by the pound sign. (HEREBY ORDERED by Judge Analisa Torres) (Text Only Order) (JT) (Entered: 07/27/2020)
|
July 27, 2020
|
July 27, 2020
PACER
|
56
|
FILING ERROR - SUMMONS REQUEST As To - REQUEST FOR ISSUANCE OF SUMMONS as to NYC Board of Elections, re: 40 Intervenor Complaint,. Document filed by Ethan Felder, Maria D. Kaufer..(Schwartz, Arthur) Modified on 7/28/2020 (jgo). (Entered: 07/27/2020)
|
July 27, 2020
|
July 27, 2020
PACER
|
57
|
REQUEST FOR ISSUANCE OF SUMMONS as to Patricia Anne Taylor, re: 40 Intervenor Complaint,. Document filed by Ethan Felder, Maria D. Kaufer..(Schwartz, Arthur) (Entered: 07/27/2020)
|
July 27, 2020
|
July 27, 2020
PACER
|
58
|
ORDER terminating 54 Letter Motion for Conference, as stated on the record at the telephone conference held on July 27, 2020. (HEREBY ORDERED by Judge Analisa Torres)(Text Only Order) (ah) (Entered: 07/27/2020)
|
July 27, 2020
|
July 27, 2020
PACER
|
59
|
REQUEST FOR ISSUANCE OF SUMMONS as to Patricia Anne Taylor, re: 40 Intervenor Complaint,. Document filed by Ethan Felder, Maria D. Kaufer..(Schwartz, Arthur) (Entered: 07/27/2020)
|
July 27, 2020
|
July 27, 2020
PACER
|
60
|
REQUEST FOR ISSUANCE OF SUMMONS as to New York City Board of Elections, re: 40 Intervenor Complaint,. Document filed by Ethan Felder, Maria D. Kaufer..(Schwartz, Arthur) (Entered: 07/27/2020)
|
July 27, 2020
|
July 27, 2020
PACER
|
|
Minute Entry for proceedings held before Judge Analisa Torres: Telephone Conference held on 7/27/2020. (ah)
|
July 27, 2020
|
July 27, 2020
PACER
|
|
Notice to Attorney Regarding Deficient Request for Issuance of Summons
|
July 27, 2020
|
July 27, 2020
PACER
|
|
Telephone Conference
|
July 27, 2020
|
July 27, 2020
PACER
|
|
Order
|
July 27, 2020
|
July 27, 2020
PACER
|
|
Order on Motion for Conference
|
July 27, 2020
|
July 27, 2020
PACER
|
|
***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Arthur Z Schwartz to RE-FILE Document No. 42 Request for Issuance of Summons, 41 Request for Issuance of Summons. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the issuance of summons is not correct; Include 'c/o' or 'via' before second party information. Party text is not required in the 'To:' section of the summons PDF. If party text is included, it must appear exactly as it does in the caption on the pleading. 'As To' Error; party names must appear in the as to docket entry text exactly as they do in the pleading caption. Do not abbreviate party names. Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (dnh)
|
July 27, 2020
|
July 27, 2020
PACER
|
|
***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Arthur Z Schwartz to RE-FILE Document No. 39 Request for Issuance of Summons, 38 Request for Issuance of Summons, 37 Request for Issuance of Summons. The filing is deficient for the following reason(s): Summonses must be linked to the corresponding pleading. Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (dnh)
|
July 27, 2020
|
July 27, 2020
PACER
|
61
|
Exhibit List for Preliminary Injunction Hearing. Document filed by Maria Barva, Emily Gallagher, Tess Harkin, Miriam Lazewatsky, James C. McNamee, Christian O'Toole, Suraj Patel, Myles Peterson, Caitlin Phung, Samantha Pinsky, Antonio Pontex-Nunez, Kristin Sage Rockerman, Jillian Santella, Aaron Seabright, Katherine Stabile. (Attachments: # 1 Exhibit Exhibit 1 - Prof Stabile's Ballot, # 2 Exhibit Exhibit 2 - FRE 1006 Summary of No Postmark Ballots, # 3 Exhibit Exhibit 3 - FRE 1006 Summary of Late Postmark Ballots, # 4 Exhibit Exhibit 4 Post Office Manual Section, # 5 Exhibit Exhibit 5 - 9-13-19 - Common Cause v Brehm - Depo of Michael Ryan, # 6 Exhibit Exhibit 6 - Bergin Article, # 7 Exhibit Exhibit 7 - Wisconsin Absentee Voting Report, # 8 Exhibit Exhibit 8 - WEC Memos RE Absentee Ballot Return, Timely Postmark Issues, and Absentee Ballot Counting, # 9 Exhibit Exhibit 9 - Ryan Email Thread).(Green, Remy) (Entered: 07/28/2020)
|
July 28, 2020
|
July 28, 2020
PACER
|
62
|
TRIAL BRIEF and Submission providing Witness List, Exhibit List, and Written Answers to the Court's "Additional Questions". Document filed by Maria Barva, Emily Gallagher, Tess Harkin, Miriam Lazewatsky, James C. McNamee, Christian O'Toole, Suraj Patel, Myles Peterson, Caitlin Phung, Samantha Pinsky, Antonio Pontex-Nunez, Kristin Sage Rockerman, Jillian Santella, Aaron Seabright, Katherine Stabile. (Attachments: # 1 Affidavit Haxby Declaration with Exhibits).(Green, Remy) (Entered: 07/28/2020)
|
July 28, 2020
|
July 28, 2020
PACER
|
63
|
MOTION in Limine for Judicial Notice of Certain Facts. Document filed by Maria Barva, Emily Gallagher, Tess Harkin, Miriam Lazewatsky, James C. McNamee, Christian O'Toole, Suraj Patel, Myles Peterson, Caitlin Phung, Samantha Pinsky, Antonio Pontex-Nunez, Kristin Sage Rockerman, Jillian Santella, Aaron Seabright, Katherine Stabile. Return Date set for 7/29/2020 at 09:30 AM..(Green, Remy) (Entered: 07/28/2020)
|
July 28, 2020
|
July 28, 2020
PACER
|
64
|
Exhibit List . Document filed by Robert A. Brehm, Andrew Cuomo, Douglas Kellner, Peter S. Kosinski, New York State Board of Elections, Andrew Spano, Todd D. Valentine. (Attachments: # 1 Exhibit Gallagher Order to Show Cause, # 2 Exhibit Patel Order to Show Cause, # 3 Exhibit USPS Postmarking Guidelines, # 4 Exhibit USPS Email, # 5 Exhibit USPS Email, # 6 Exhibit State Board Email, # 7 Exhibit USPS Letter, # 8 Exhibit USPS Email, # 9 Exhibit USPS Email, # 10 Exhibit Unofficial Early Voter Count, # 11 Exhibit Preliminary Absentee Voter Data, # 12 Exhibit Exemplars of local board certifications).(Conroy, Owen) (Entered: 07/28/2020)
|
July 28, 2020
|
July 28, 2020
PACER
|
65
|
WITNESS LIST. Document filed by Robert A. Brehm, Andrew Cuomo, Douglas Kellner, Peter S. Kosinski, New York State Board of Elections, Andrew Spano, Todd D. Valentine..(Conroy, Owen) (Entered: 07/28/2020)
|
July 28, 2020
|
July 28, 2020
PACER
|
66
|
LETTER addressed to Judge Analisa Torres from Owen T. Conroy dated July 28, 2020 re: State Defendants' Objections to Plaintiffs' Exhibits. Document filed by Robert A. Brehm, Andrew Cuomo, Douglas Kellner, Peter S. Kosinski, New York State Board of Elections, Andrew Spano, Todd D. Valentine. (Attachments: # 1 Exhibit State Defendants' Objections).(Conroy, Owen) (Entered: 07/28/2020)
|
July 28, 2020
|
July 28, 2020
PACER
|
67
|
DECLARATION of Robert A. Brehm in Opposition re: 3 MOTION for Preliminary Injunction .. Document filed by Robert A. Brehm, Andrew Cuomo, Douglas Kellner, Peter S. Kosinski, New York State Board of Elections, Andrew Spano, Todd D. Valentine. (Attachments: # 1 Exhibit USPS Email, # 2 Exhibit USPS Email, # 3 Exhibit State Board Email, # 4 Exhibit USPS Letter, # 5 Exhibit USPS Email, # 6 Exhibit USPS Email, # 7 Exhibit Unofficial Early Voter Count, # 8 Exhibit Preliminary Absentee Voter Data, # 9 Exhibit Exemplars of local board certifications).(Conroy, Owen) (Entered: 07/28/2020)
|
July 28, 2020
|
July 28, 2020
PACER
|
68
|
Exhibit List with exhibits. Document filed by New York City Board of Elections, Michael J. Ryan(individually), Patricia Anne Taylor(President of the New York Baord of Elections). (Attachments: # 1 Exhibit Email, # 2 Exhibit Email, # 3 Exhibit Email, # 4 Exhibit Email, # 5 Exhibit Email, # 6 Exhibit Email, # 7 Exhibit Email, # 8 Exhibit Email, # 9 Exhibit Summary Chart, # 10 Exhibit Summary Chart).(Kitzinger, Stephen) (Entered: 07/28/2020)
|
July 28, 2020
|
July 28, 2020
PACER
|
69
|
LETTER addressed to Judge Analisa Torres from Remy Green dated 07-28-2020 re: ECF No. 66. Document filed by Maria Barva, Emily Gallagher, Tess Harkin, Miriam Lazewatsky, James C. McNamee, Christian O'Toole, Suraj Patel, Myles Peterson, Caitlin Phung, Samantha Pinsky, Antonio Pontex-Nunez, Kristin Sage Rockerman, Jillian Santella, Aaron Seabright, Katherine Stabile..(Green, Remy) (Entered: 07/28/2020)
|
July 28, 2020
|
July 28, 2020
PACER
|
70
|
WITNESS LIST. Document filed by New York City Board of Elections, Michael J. Ryan(individually), Patricia Anne Taylor(President of the New York Baord of Elections)..(Kitzinger, Stephen) (Entered: 07/28/2020)
|
July 28, 2020
|
July 28, 2020
PACER
|
71
|
LETTER MOTION to Compel Michael Ryan; Postmaster Marcelina DelPizzo, or another, adequately knowledgeable representative to Appear and Testify at Hearing addressed to Judge Analisa Torres from Remy Green dated 7-28-2020. Document filed by Maria Barva, Emily Gallagher, Tess Harkin, Miriam Lazewatsky, James C. McNamee, Christian O'Toole, Suraj Patel, Myles Peterson, Caitlin Phung, Samantha Pinsky, Antonio Pontex-Nunez, Kristin Sage Rockerman, Jillian Santella, Aaron Seabright, Katherine Stabile..(Green, Remy) (Entered: 07/28/2020)
|
July 28, 2020
|
July 28, 2020
RECAP
|
72
|
ELECTRONIC SUMMONS ISSUED as to New York City Board Of Elections..(jgo) (Entered: 07/28/2020)
|
July 28, 2020
|
July 28, 2020
PACER
|
73
|
ELECTRONIC SUMMONS ISSUED as to Patricia Anne Taylor..(jgo) (Entered: 07/28/2020)
|
July 28, 2020
|
July 28, 2020
PACER
|
74
|
ELECTRONIC SUMMONS ISSUED as to Patricia Anne Taylor..(jgo) (Entered: 07/28/2020)
|
July 28, 2020
|
July 28, 2020
PACER
|