Case: Gallagher v. N.Y. State Board of Elections

1:20-cv-05504 | U.S. District Court for the Southern District of New York

Filed Date: July 17, 2020

Closed Date: Sept. 9, 2021

Clearinghouse coding complete

Case Summary

This is a case about mail-in voting in the 2020 primary and general elections in New York. On May 1, 2020, then-Governor Andrew Cuomo issued an executive order that meant to expand access to mail-in voting by eliminating the need for voters to pay postage for mailed ballots. Instead, the addressee (the voter’s local board of elections) would pay for postage on receipt. The order, however, created a legal “snafu” — New York election law requires absentee ballots to be received or postmarked by e…

This is a case about mail-in voting in the 2020 primary and general elections in New York. On May 1, 2020, then-Governor Andrew Cuomo issued an executive order that meant to expand access to mail-in voting by eliminating the need for voters to pay postage for mailed ballots. Instead, the addressee (the voter’s local board of elections) would pay for postage on receipt. The order, however, created a legal “snafu” — New York election law requires absentee ballots to be received or postmarked by election day to be counted, but the Postal Service does not always postmark mail with prepaid postage. The New York primary election occurred on June 23, 2020, and the state Board of Elections directed local boards to count any ballot received by June 30, provided it was postmarked on or before election day. But, timely-cast mail in ballots would not bear a postmark designating them as such, and, under New York law, would not be counted. 

Primary Election Litigation

Voters and candidates for office in New York. sued the New York City and State Boards of Elections, the Boards’ commissioners, and the Governor of New York in the U.S. District Court for the Southern District of New York on July 17, 202 . Represented by private counsel, the plaintiffs asserted under 28 U.S.C. § 1983 that this “snafu” would violate (1) their First Amendment right to vote, (2) the Fourteenth Amendment’s equal protection clause and one person, one vote principle, and (3) the Fourteenth Amendment due process clause. They also alleged that the postmark issue would violate related New York constitutional provisions, and sought declaratory and injunctive relief. On the same day that they filed the complaint, July 17, 2020, the plaintiffs also moved for a preliminary injunction directing the state defendants to count all absentee ballots received by boards of elections by June 30, 2020, whether or not such ballots had a timely postmark. The case was assigned to Judge Analisa Torres. 

On July 23, 2020, the district court granted the motion to intervene of two additional candidates for office in New York. 2020 WL 4261172. These plaintiff-intervenors requested injunctive relief for the New York City board of elections and its commissioners to count mail-in ballots received by the June 30 deadline regardless of whether the ballots were postmarked. 

The district court granted a preliminary injunction on August 3, 2020. The court first addressed procedural issues. The defendants disputed standing only as to the candidate plaintiffs and intervenors. The court found they had established standing, though, because the results of their respective races could turn on whether the “snafu” might invalidate otherwise properly-cast ballots. The court then dismissed the claims against the State Board of Elections as barred by state sovereign immunity — the commissioners, though, were proper defendants under Ex parte Young and the suit proceeded against them and the City Board. The court then turned to the defendants’ claims regarding the civil procedure rule that requires the court to join to a case every party necessary to afford complete relief and to dismiss the case if those parties cannot be joined. The state and city defendants each claimed a variety of parties — the USPS, all local boards of elections across the state, and the candidates the plaintiffs and intervenors were running against — had to be joined for the case to proceed. The court found that none of those parties were necessary for it to resolve this case, and that even if they were, it had equitable power to ignore them. Turning to the final procedural hurdle at issue, the court declined to abstain under Younger (the plaintiffs had initiated similar state court proceedings) because none of the circumstances that warranted abstention were present. 

On the merits prong of the preliminary injunction analysis, the court found the plaintiffs had demonstrated a likelihood of success on two of their claims. The First Amendment right to vote claim triggered the Anderson-Burdick test. Invalidating timely-cast but unpostmarked ballots was an “exceptionally severe” burden on the right to vote. The state’s interest in imposing that burden, ensuring all ballots were timely submitted, did not justify the “overly restrictive” postmark rule. So, the rule was unconstitutional on First Amendment grounds. The Fourteenth Amendment one person, one vote claim also survived. The court found that whether a timely-cast ballot would be postmarked as such was “arbitrary” given heterogenous USPS practice across the city and state. In these circumstances, the “postmark requirement subject[ed] absentee voters across the state to unjustifiable differences in the way that their ballots [were] counted.” The court did not adjudicate the due process claim since circuit precedent did not yield a clear answer, and in any case the court could order the injunction because of the other two constitutional violations. The court found that the plaintiffs had made a strong showing of irreparable harm in the absence of an injunction, had demonstrated the balance of equities tipped in their favor, and that the public interest would be served by the grant of an injunction.

The court, however, disagreed with the scope of the plaintiffs’ proposed relief. The plaintiffs requested that local boards of elections count any ballot received for the June 23, 2020 election by June 30, regardless of any postmark. The court found that, given the reality of USPS operations ascertained during the preliminary injunction hearing, it was virtually certain that any ballot received by June 25 would have been cast on or before election day, so it was “pointless” to enforce a postmark requirement against them. But unpostmarked ballots received after June 25 were not as likely to have been mailed by election day, so the court did not require those ballots to be counted. 477 F.Supp.3d 19. 


General Election Litigation

There was a second wave of litigation in this case relating to the November 3, 2020 general election. On September 11, 2020, the plaintiffs filed an amended complaint, updating the factual allegations to reflect intervening events and reasserting their original claims in light of the general election. The plaintiffs moved for a preliminary injunction on September 18, requesting the court to “(1) extend the [August 3] order to cover all upcoming elections; (2) direct the NYSBOE to require Local Boards to send out absentee ballot applications and ballots promptly upon request; and (3) direct the NYSBOE to require Local Boards to count all otherwise valid absentee ballots without regard to whether they are postmarked.” The plaintiffs alternatively sought an order for “the NYSBOE to require Local Boards to provide voters a pre-rejection notice for absentee ballots with a late or missing postmark, and an opportunity to cure the defect by affidavit.” Finally, the plaintiffs also sought permission to file a second amended complaint to add a candidate plaintiff. 

On October 23, 2020, the court denied the plaintiffs’ request for a new preliminary injunction for lack of standing. Unlike in the primary election litigation, none of the plaintiffs had alleged injuries to their right to vote had occurred — some of the plaintiffs had not even decided if they would vote by mail in the general election. Therefore, to have standing, the plaintiffs would need to show that an injury to their constitutional rights was “certainly impending.” In the weeks since the August 3 injunction, the Boards of Election had implemented changes to absentee voting administration that reduced the likelihood that the postmark “snafu” would occur again. Specifically, voters could request absentee ballots much earlier than they could in the primary and could drop them off at designated boxes rather than mail them in. Additionally, local boards in the general election would notify voters with defective absentee ballots and provide an opportunity to correct them. Given all these changes, the court found, none of the voters had alleged a “certainly impending” injury. Since the plaintiffs did not have standing, the court had no jurisdiction to grant any of their requested relief. The court did, however, grant the plaintiffs leave to file a second amended complaint. 496 F.Supp.3d 842. 

The docket is silent as to the parties’ activities between October 23, 2020 and September 8, 2021, save an August 2021 letter from the intervenors’ counsel requesting an order declaring the case moot. On September 8, the parties filed a joint letter of settlement. The next day, the parties submitted a proposed stipulated order of dismissal. The court granted it the same day, closing the case. 

Summary Authors

John Juenemann (4/11/2022)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/17358783/parties/gallagher-v-new-york-state-board-of-elections/


Judge(s)

Torres, Analisa Nadine (New York)

Attorneys(s) for Plaintiff

Cohen, Elena L (New York)

Green, J Remy (New York)

Massimi, Jessica (New York)

Najmi, Ali (New York)

Wallace, Jonathan (New York)

Attorneys(s) for Defendant

Arz, Roderick Leopold (New York)

Conroy, Owen Thomas (New York)

Kellner, Douglas A. (New York)

Kitzinger, Stephen Edward (New York)

Judge(s)

Torres, Analisa Nadine (New York)

Attorneys(s) for Plaintiff

Cohen, Elena L (New York)

Green, J Remy (New York)

Massimi, Jessica (New York)

Najmi, Ali (New York)

Wallace, Jonathan (New York)

Attorneys(s) for Defendant

Arz, Roderick Leopold (New York)

Conroy, Owen Thomas (New York)

Kellner, Douglas A. (New York)

Kitzinger, Stephen Edward (New York)

Other Attorney(s)

Schwartz, Arthur Z. (New York)

Stein, Ilan (New York)

Documents in the Clearinghouse

Document

1:20-cv-05504

Docket [PACER]

Gallagher v. New York State Board of Elections

Oct. 23, 2020

Oct. 23, 2020

Docket
1

1:20-cv-05504

Complaint

Gallagher v. New York State Board of Elections

July 17, 2020

July 17, 2020

Complaint
20

1:20-cv-05504

Order

2020 WL 4261172

July 23, 2020

July 23, 2020

Order/Opinion
91

1:20-cv-05504

Opinion and Order

Gallagher v. New York State Board of Elections

107 Fed.R.Serv.3d 714

Aug. 3, 2020

Aug. 3, 2020

Order/Opinion
109

1:20-cv-05504

First Amended Complaint

Gallagher v. New York State Board of Elections

Sept. 11, 2020

Sept. 11, 2020

Complaint
137

1:20-cv-05504

Order

Gallagher v. New York State Board of Elections

496 F.Supp.3d 842, 2020 WL 6252437

Oct. 23, 2020

Oct. 23, 2020

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/17358783/gallagher-v-new-york-state-board-of-elections/

Last updated July 23, 2022, 3:13 a.m.

ECF Number Description Date Link Date / Link
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"

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2 Exhibit Exhibit 2 - BOE Twitter Thread

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July 17, 2020

July 17, 2020

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July 17, 2020

July 17, 2020

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CIVIL COVER SHEET filed..(Green, Remy) (Entered: 07/17/2020)

July 17, 2020

July 17, 2020

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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

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July 17, 2020

July 17, 2020

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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

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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

Set/Reset Deadlines: Responses due by 7/22/2020 Replies due by 7/22/2020. (rro)

July 17, 2020

July 17, 2020

PACER
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

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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

Notice to Attorney Regarding Deficient Pleading

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

Notice to Attorney Regarding Case Opening Statistical Error Correction

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

***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

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

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

Case Designation

July 20, 2020

July 20, 2020

PACER

Case Designated ECF. (jgo)

July 20, 2020

July 20, 2020

PACER

Case Designated ECF

July 20, 2020

July 20, 2020

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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

Add Party for Pleading

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
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
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

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2 Exhibit Ex. A to Proposed Intervenors' Complaint

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July 22, 2020

July 22, 2020

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Set/Reset Deadlines

July 22, 2020

July 22, 2020

PACER
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

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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

Set/Reset Deadlines: Responses due by 7/22/2020 (kv)

July 22, 2020

July 22, 2020

PACER
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

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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

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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

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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
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

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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

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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

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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
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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
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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

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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
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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
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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

***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
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

Notice to Attorney Regarding Deficient Request for Issuance of Summons

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

Telephone 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
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

Minute Entry for proceedings held before Judge Analisa Torres: Telephone Conference held on 7/27/2020. (ah)

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

Order

July 27, 2020

July 27, 2020

PACER

Order on Motion for Conference

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

Notice to Attorney Regarding Deficient Request for Issuance of Summons

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

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 17, 2020

Closing Date: Sept. 9, 2021

Case Ongoing: No

Plaintiffs

Plaintiff Description:

New York voters Candidates for office

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Board of Elections, State

Board of Elections (New York), City

Commissioners, State

Commissioners, City

Governor, State

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Due Process

Equal Protection

Due Process: Substantive Due Process

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

Source of Relief:

Litigation

Content of Injunction:

Preliminary relief granted

Issues

General:

Mail

Voting

Voting:

Election administration