Case: Hernandez v. New York State Board of Elections

1:20-cv-04003 | U.S. District Court for the Southern District of New York

Filed Date: May 22, 2020

Case Ongoing

Clearinghouse coding complete

Case Summary

This is a case about the effect of the COVID-19 pandemic on the 2020 election cycle in New York. On April 9, 2020, New York Governor Andrew Cuomo issued a series of executive orders allowing any voter in the state to apply to vote in the June 23, 2020 primary election using a paper absentee ballot mailed to their home. The plaintiffs are four disabled individuals and four disability advocacy groups: Disability Rights New York, National Federation of the Blind of New York State, American Council…

This is a case about the effect of the COVID-19 pandemic on the 2020 election cycle in New York. On April 9, 2020, New York Governor Andrew Cuomo issued a series of executive orders allowing any voter in the state to apply to vote in the June 23, 2020 primary election using a paper absentee ballot mailed to their home. The plaintiffs are four disabled individuals and four disability advocacy groups: Disability Rights New York, National Federation of the Blind of New York State, American Council of the Blind for New York, and the Center for Independence of the Disabled, New York. On May 22, 2020, they sued the New York State Board of Elections (BOE), its three Commissioners, and its two Co-Executive Directors in the Southern District of New York. The plaintiffs alleged that BOE’s failure to provide absentee ballots accessible to blind and visually impaired people violated Title II of the Americans with Disabilities Act and Section 504 of the Rehabilitation Act. Visually impaired and blind voters could not read or mark the paper ballots, and while the BOE had provided an accessible voting system for them, it was only available in person. Represented by two disability law groups and private counsel, the plaintiffs sought declaratory relief and an injunction for the BOE to provide accessible absentee ballots to visually impaired voters in the June 2020 primary and all subsequent elections.

The same day they filed their complaint, May 22, 2022, the plaintiffs moved for a preliminary injunction/temporary restraining order as to the June 23, 2020 primary election. On June 2, 2020, the parties reached a settlement on the issues for the primary election — the plaintiffs agreed to withdraw their motion for a preliminary injunction, and the BOE agreed to implement an accessible electronic voting system (a fillable PDF file), instruct the county election boards on how to use it, and allow visually impaired voters to request the accessible ballots between June 5 and 16, 7 days prior to the June primary election. District Judge Lewis J. Liman signed the parties’ joint settlement order on June 2, 2020. 

On June 16, 2020, the defendants filed their answer regarding the remaining issues in the complaint, which centered around the general election. 

On July 28, 2020, the plaintiffs filed a second motion for a preliminary injunction to require the BOE to provide “an effective and purpose-built Remote Accessible Vote-by-Mail (“RAVBM”) system for use across New York State for the November 3, 2020 [general] election.” The motion explained that a RAVBM system would be more compatible with common assistive software used by people with print disabilities. On August 13, during settlement negotiations before the court, the defendant opposed the plaintiff’s motion and represented that it would direct all county BOEs to generate a PDF ballot screen readable by common assistive technology. 

The next day, on August 14, 2020, the court denied the plaintiffs’ motion for a preliminary injunction. Judge Litman found that the plaintiffs had not shown a likelihood of success on the merits because it was possible for the BOE to show the PDF system it had used in the June election was equally as effective as RAVBM in allowing visually impaired individuals to vote for the purposes of the ADA and Section 504. And since the defendants had already agreed to provide accessible ballots, there was no risk of irreparable harm to the plaintiffs without a preliminary injunction. The court also found the plaintiffs failed to show that the public interest weighed in favor of granting the requested injunction. While the court denied the plaintiffs’ motion, it ordered the defendants to submit a proposed injunction consistent with their promise to implement an accessible absentee voting system for the November 3, 2020 election. 479 F.Supp.3d 1. 

As ordered by the court, the defendants filed their proposed order on August 19, 2020 after meeting with plaintiffs’ counsel. The court granted it the same day. The order required the BOE to make an accessible PDF absentee ballot available for request and use between September 2 and October 27, 2020. The order also specified technical and administrative details of the ballot. 2020 WL 4883889. 

On March 31, 2022, the parties reached an agreement whereby the BOE would implement a RAVBM system. Additionally, the defendant agreed to pay $400,000 to cover attorneys' fees and costs. A week later on April 5, the court approved of the settlement terms and dismissed the case. The court stated that it would retain jurisdiction over any disputes that may arise as a result of the agreement.

Summary Authors

John Juenemann (3/26/2022)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/17187685/parties/hernandez-v-new-york-state-board-of-elections/


Judge(s)

Liman, Lewis Jeffrey None (New York)

Attorneys(s) for Plaintiff

Absee, Christina (New York)

Brandt-Young, Christina (New York)

Caiola, Michelle Anne (New York)

Graber, Abigail (Maryland)

Hill, Eve Lynne (Maryland)

Krevor-Weisbaum, Sharon (Maryland)

Pearlstein, Amanda B (New York)

Attorneys(s) for Defendant

Farber, Seth J (New York)

James, Letitia (New York)

Judge(s)

Liman, Lewis Jeffrey None (New York)

Attorneys(s) for Plaintiff

Absee, Christina (New York)

Brandt-Young, Christina (New York)

Caiola, Michelle Anne (New York)

Graber, Abigail (Maryland)

Hill, Eve Lynne (Maryland)

Krevor-Weisbaum, Sharon (Maryland)

Pearlstein, Amanda B (New York)

Attorneys(s) for Defendant

Farber, Seth J (New York)

James, Letitia (New York)

Documents in the Clearinghouse

Document

1:20-cv-04003

Docket [PACER]

Dec. 9, 2020

Dec. 9, 2020

Docket
1

1:20-cv-04003

Complaint

May 22, 2020

May 22, 2020

Complaint
38

1:20-cv-04003

Stipulation of Settlement and Order for the Withdrawal of the Motion for Temporary Restraining Order and Preliminary Injunction

June 2, 2020

June 2, 2020

Settlement Agreement
100

1:20-cv-04003

Opinion & Order

479 F.Supp.3d 1, 2020 WL 4731422

Aug. 14, 2020

Aug. 14, 2020

Order/Opinion
110

1:20-cv-04003

Order

Hernandez v. The New York State Board of Elections

2020 WL 4883889

Aug. 19, 2020

Aug. 19, 2020

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/17187685/hernandez-v-new-york-state-board-of-elections/

Last updated July 23, 2022, 3:15 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against Robert A. Brehm, Douglas A. Kellner, Peter S. Kosinski, Andrew Spano, The New York State Board of Elections, Todd D. Valentine. (Filing Fee $ 400.00, Receipt Number ANYSDC-19943781)Document filed by American Council of the Blind of New York, Inc., Rasheda Bunting, Center for Independence of the Disabled, New York, Keith Gurgui, Karen Luxton Gourgey, Disability Rights New York, Jose Hernandez, National Federation of the Blind of New York State, Inc...(Pearlstein, Amanda) (Entered: 05/22/2020)

May 22, 2020

May 22, 2020

Clearinghouse
2

CIVIL COVER SHEET filed..(Pearlstein, Amanda) (Entered: 05/22/2020)

May 22, 2020

May 22, 2020

PACER
3

PROPOSED ORDER TO SHOW CAUSE WITH EMERGENCY RELIEF. Document filed by American Council of the Blind of New York, Inc., Rasheda Bunting, Center for Independence of the Disabled, New York, Disability Rights New York, Keith Gurgui, Jose Hernandez, Karen Luxton Gourgey, National Federation of the Blind of New York State, Inc.. Related Document Number: 1 ..(Pearlstein, Amanda) Proposed Order to Show Cause to be reviewed by Clerk's Office staff. (Entered: 05/22/2020)

May 22, 2020

May 22, 2020

PACER
4

FILING ERROR - DEFICIENT SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to THE NEW YORK STATE BOARD OF ELECTIONS, DOUGLAS A. KELLNER, Co-Chair and Commissioner, ANDREW SPANO, Commissioner, PETER S. KOSINSKI, Co-Chair and Commissioner, TODD D. VALENTINE, Co-Executive Director, and ROBERT A. BREHM, Co-Executive Director, in their official capacities at the New York State Board of Elections, re: 1 Complaint,. Document filed by American Council of the Blind of New York, Inc., Rasheda Bunting, Center for Independence of the Disabled, New York, Disability Rights New York, Keith Gurgui, Jose Hernandez, Karen Luxton Gourgey, National Federation of the Blind of New York State, Inc.. (Attachments: # 1 Summons, # 2 Summons, # 3 Summons, # 4 Summons, # 5 Summons).(Pearlstein, Amanda) Modified on 5/22/2020 (pne). (Entered: 05/22/2020)

May 22, 2020

May 22, 2020

PACER
5

NOTICE OF APPEARANCE by Amanda Brooke Pearlstein on behalf of American Council of the Blind of New York, Inc., Rasheda Bunting, Center for Independence of the Disabled, New York, Disability Rights New York, Keith Gurgui, Jose Hernandez, Karen Luxton Gourgey, National Federation of the Blind of New York State, Inc...(Pearlstein, Amanda) (Entered: 05/22/2020)

May 22, 2020

May 22, 2020

PACER

CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Lewis J. Liman. 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..(pne)

May 22, 2020

May 22, 2020

PACER
6

NOTICE OF APPEARANCE by Amanda Brooke Pearlstein on behalf of American Council of the Blind of New York, Inc., Rasheda Bunting, Center for Independence of the Disabled, New York, Disability Rights New York, Keith Gurgui, Jose Hernandez, Karen Luxton Gourgey, National Federation of the Blind of New York State, Inc...(Pearlstein, Amanda) (Entered: 05/22/2020)

May 22, 2020

May 22, 2020

PACER

Magistrate Judge Debra C. Freeman 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. (pne)

May 22, 2020

May 22, 2020

PACER

Case Designated ECF. (pne)

May 22, 2020

May 22, 2020

PACER
7

NOTICE OF APPEARANCE by Amanda Brooke Pearlstein on behalf of American Council of the Blind of New York, Inc., Rasheda Bunting, Center for Independence of the Disabled, New York, Disability Rights New York, Keith Gurgui, Jose Hernandez, Karen Luxton Gourgey, National Federation of the Blind of New York State, Inc...(Pearlstein, Amanda) (Entered: 05/22/2020)

May 22, 2020

May 22, 2020

PACER

***NOTICE TO COURT REGARDING PROPOSED TEMPORARY RESTRAINING ORDER. Document No. 3 Proposed Order to Show Cause With Emergency Relief, was reviewed and approved as to form. (ad)

May 22, 2020

May 22, 2020

PACER

***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Amanda Brooke Pearlstein. The party information for the following party/parties has been modified: Rasheta Bunting, Douglas A. Kellner, Andrew Spano, Peter S. Kosinski, Todd D. Valentine, Robert A. Brehm. The information for the party/parties has been modified for the following reason/reasons: party name contained a typographical error; party text was omitted. (pne)

May 22, 2020

May 22, 2020

PACER

***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Amanda Brooke Pearlstein to RE-FILE Document No. 4 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; summons requests should not be filed as attachments; each summons request must be filed separately, or you can file a single summons with a rider/addendum attached listing the names and addresses of the defendants. 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 corrected summons form PDF. (pne)

May 22, 2020

May 22, 2020

PACER
8

MOTION for Preliminary Injunction . Document filed by American Council of the Blind of New York, Inc., Rasheda Bunting, Center for Independence of the Disabled, New York, Disability Rights New York, Keith Gurgui, Jose Hernandez, Karen Luxton Gourgey, National Federation of the Blind of New York State, Inc.. (Attachments: # 1 Memorandum of Law, # 2 Affidavit Asbee Declaration, # 3 Affidavit Hernandez Declaration, # 4 Affidavit Gurgui Declaration, # 5 Affidavit Luxton Gourgey Declaration, # 6 Affidavit Wayne Declaration, # 7 Affidavit Dennis Declaration, # 8 Affidavit Blake Declaration, # 9 Exhibit, # 10 Unreported Case, # 11 Unreported Case).(Pearlstein, Amanda) (Entered: 05/22/2020)

1 Memorandum of Law

View on PACER

2 Affidavit Asbee Declaration

View on PACER

3 Affidavit Hernandez Declaration

View on PACER

4 Affidavit Gurgui Declaration

View on PACER

5 Affidavit Luxton Gourgey Declaration

View on PACER

6 Affidavit Wayne Declaration

View on PACER

7 Affidavit Dennis Declaration

View on PACER

8 Affidavit Blake Declaration

View on PACER

9 Exhibit

View on PACER

10 Unreported Case

View on PACER

11 Unreported Case

View on PACER

May 22, 2020

May 22, 2020

RECAP
9

ORDER: IT IS HEREBY ORDERED that a telephonic conference shall convene at 4:30 p.m. today in this matter. Parties are directed to call (888) 251-2909 and use access code 2123101. Plaintiffs are directed to notify Defendants of this order. SO ORDERED. ( Telephone Conference set for 5/22/2020 at 04:30 PM before Judge Lewis J. Liman.) (Signed by Judge Lewis J. Liman on 5/22/2020) (va) (Entered: 05/22/2020)

May 22, 2020

May 22, 2020

RECAP
10

AFFIDAVIT of Rasheta Bunting in Support re: 8 MOTION for Preliminary Injunction .. Document filed by American Council of the Blind of New York, Inc., Center for Independence of the Disabled, New York, Disability Rights New York, Keith Gurgui, Jose Hernandez, Karen Luxton Gourgey, National Federation of the Blind of New York State, Inc...(Pearlstein, Amanda) (Entered: 05/22/2020)

May 22, 2020

May 22, 2020

PACER

Minute Entry for proceedings held before Judge Lewis J. Liman: Telephone Conference held on 5/22/2020. Amanda Pearlstein, Christina Asbee, Christina Drandt-Young, and Eve Hill present by telephone for Plaintiffs. Seth Farber and James Cooney present by telephone for Defendants. Court reporter present by telephone. The Court held a conference addressing the Plaintiff's Motion for a Preliminary Injunction (Docket #8). Telephonic Oral Argument set for 5/29/2020 at 10:00AM before Judge Lewis J. Liman. Parties are directed to call (888) 251-2909 and use access code 2123101. This line will be open to the public and those interested can use the same dial-in instructions. (mf)

May 22, 2020

May 22, 2020

PACER

Case Opening Initial Assignment Notice

May 22, 2020

May 22, 2020

PACER

Notice to Court Regarding Proposed Order

May 22, 2020

May 22, 2020

PACER

Notice to Attorney Regarding Party Modification

May 22, 2020

May 22, 2020

PACER

Notice to Attorney Regarding Deficient Request for Issuance of Summons

May 22, 2020

May 22, 2020

PACER
11

REQUEST FOR ISSUANCE OF SUMMONS as to Robert A. Brehm, re: 1 Complaint,. Document filed by American Council of the Blind of New York, Inc., Rasheta Bunting, Center for Independence of the Disabled, New York, Disability Rights New York, Keith Gurgui, Jose Hernandez, Karen Luxton Gourgey, National Federation of the Blind of New York State, Inc...(Pearlstein, Amanda) (Entered: 05/24/2020)

May 24, 2020

May 24, 2020

PACER
12

REQUEST FOR ISSUANCE OF SUMMONS as to Douglas A. Kellner, re: 1 Complaint,. Document filed by American Council of the Blind of New York, Inc., Rasheta Bunting, Center for Independence of the Disabled, New York, Disability Rights New York, Keith Gurgui, Jose Hernandez, Karen Luxton Gourgey, National Federation of the Blind of New York State, Inc...(Pearlstein, Amanda) (Entered: 05/24/2020)

May 24, 2020

May 24, 2020

PACER
13

REQUEST FOR ISSUANCE OF SUMMONS as to Peter S. Kosinski, re: 1 Complaint,. Document filed by American Council of the Blind of New York, Inc., Rasheta Bunting, Center for Independence of the Disabled, New York, Disability Rights New York, Keith Gurgui, Jose Hernandez, Karen Luxton Gourgey, National Federation of the Blind of New York State, Inc...(Pearlstein, Amanda) (Entered: 05/24/2020)

May 24, 2020

May 24, 2020

PACER
14

REQUEST FOR ISSUANCE OF SUMMONS as to Andrew Spano, re: 1 Complaint,. Document filed by American Council of the Blind of New York, Inc., Rasheta Bunting, Center for Independence of the Disabled, New York, Disability Rights New York, Keith Gurgui, Jose Hernandez, Karen Luxton Gourgey, National Federation of the Blind of New York State, Inc...(Pearlstein, Amanda) (Entered: 05/24/2020)

May 24, 2020

May 24, 2020

PACER
15

REQUEST FOR ISSUANCE OF SUMMONS as to Todd D. Valentine, re: 1 Complaint,. Document filed by American Council of the Blind of New York, Inc., Rasheta Bunting, Center for Independence of the Disabled, New York, Disability Rights New York, Keith Gurgui, Jose Hernandez, Karen Luxton Gourgey, National Federation of the Blind of New York State, Inc...(Pearlstein, Amanda) (Entered: 05/24/2020)

May 24, 2020

May 24, 2020

PACER
16

REQUEST FOR ISSUANCE OF SUMMONS as to The New York State Board of Elections, re: 1 Complaint,. Document filed by American Council of the Blind of New York, Inc., Rasheta Bunting, Center for Independence of the Disabled, New York, Disability Rights New York, Keith Gurgui, Jose Hernandez, Karen Luxton Gourgey, National Federation of the Blind of New York State, Inc...(Pearlstein, Amanda) (Entered: 05/24/2020)

May 24, 2020

May 24, 2020

PACER
17

TRANSCRIPT REQUEST for a Telephone Conference proceeding held on May 22, 2020 before Judge Lewis J. Liman. Document filed by American Council of the Blind of New York, Inc., Rasheta Bunting, Center for Independence of the Disabled, New York, Disability Rights New York, Keith Gurgui, Jose Hernandez, Karen Luxton Gourgey, National Federation of the Blind of New York State, Inc...(Pearlstein, Amanda) (Entered: 05/24/2020)

May 24, 2020

May 24, 2020

PACER

***STRICKEN DOCUMENT. Deleted document number 17 from the case record. The document was stricken from this case pursuant to Order. (tro)

May 24, 2020

May 24, 2020

PACER
18

ELECTRONIC SUMMONS ISSUED as to New York State Board of Elections..(pne) (Entered: 05/26/2020)

May 26, 2020

May 26, 2020

PACER
19

ELECTRONIC SUMMONS ISSUED as to Todd D. Valentine..(pne) (Entered: 05/26/2020)

May 26, 2020

May 26, 2020

PACER
20

ELECTRONIC SUMMONS ISSUED as to Andrew Spano..(pne) (Entered: 05/26/2020)

May 26, 2020

May 26, 2020

PACER
21

ELECTRONIC SUMMONS ISSUED as to Peter S. Kosinski..(pne) (Entered: 05/26/2020)

May 26, 2020

May 26, 2020

PACER
22

ELECTRONIC SUMMONS ISSUED as to Douglas A. Kellner..(pne) (Entered: 05/26/2020)

May 26, 2020

May 26, 2020

PACER
23

ELECTRONIC SUMMONS ISSUED as to Robert A. Brehm..(pne) (Entered: 05/26/2020)

May 26, 2020

May 26, 2020

PACER
24

ORDER: As discussed at the telephonic conference held on May 22, 2020, the following is HEREBY ORDERED: 1. Defendants shall file a response to the Motion for Preliminary Injunction (Dkt. No. 8) no later than 9:00 a.m. on May 27, 2020. 2. Plaintiffs shall file a reply no later than 8:00 p.m. on May 28, 2020. 3. The parties shall appear for a preliminary injunction hearing at 10:00 a.m. on May 29, 2020. The hearing will take place telephonically. Parties are directed to call (888) 251-2909 and use access code 2123101. SO ORDERED. (Signed by Judge Lewis J. Liman on 5/26/2020) ( Responses due by 5/27/2020, Replies due by 5/28/2020., Telephone Conference set for 5/29/2020 at 10:00 AM before Judge Lewis J. Liman.) (ks) (Entered: 05/26/2020)

May 26, 2020

May 26, 2020

RECAP
25

DECLARATION of Thomas Connolly in Opposition re: 8 MOTION for Preliminary Injunction .. Document filed by Robert A. Brehm, Douglas A. Kellner, Peter S. Kosinski, New York State Board of Elections, Andrew Spano, Todd D. Valentine. (Attachments: # 1 Exhibit Ex A - Sample ballots, # 2 Exhibit Ex B - Draft BOE Resolution, # 3 Exhibit Ex C - Memo re Election Security).(Farber, Seth) (Entered: 05/27/2020)

May 27, 2020

May 27, 2020

PACER
26

MEMORANDUM OF LAW in Opposition re: 8 MOTION for Preliminary Injunction . . Document filed by Robert A. Brehm, Douglas A. Kellner, Peter S. Kosinski, New York State Board of Elections, Andrew Spano, Todd D. Valentine..(Farber, Seth) (Entered: 05/27/2020)

May 27, 2020

May 27, 2020

PACER
27

LETTER addressed to Judge Lewis J. Liman from Seth J. Farber dated May 27, 2020 re: Hernandez v. N.Y.S. Bd. of Elections; Bd. of Elections Resolution. Document filed by Robert A. Brehm, Douglas A. Kellner, Peter S. Kosinski, New York State Board of Elections, Andrew Spano, Todd D. Valentine..(Farber, Seth) (Entered: 05/27/2020)

May 27, 2020

May 27, 2020

PACER
28

ACKNOWLEDGMENT OF SERVICE of Summons, Complaint, OSC, TRO/PI, Motion and Memorandum served on THE NEW YORK STATE BOARD OF ELECTIONS, DOUGLAS A. KELLNER, Co-Chair and Commissioner, ANDREW SPANO, Commissioner, PETER S. KOSINSKI, Co-Chair and Commissioner, TODD D. VALENTINE, Co-Executive Director, and ROBERT A. BREHM, Co-Executive Director, in their official capacities at the New York State Board of Elections on 5/27/2020. Document filed by American Council of the Blind of New York, Inc., Rasheta Bunting, Center for Independence of the Disabled, New York, Disability Rights New York, Keith Gurgui, Jose Hernandez, Karen Luxton Gourgey, National Federation of the Blind of New York State, Inc.. (Attachments: # 1 Exhibit Email Correspondence Re: Service of Process).(Pearlstein, Amanda) (Entered: 05/27/2020)

May 27, 2020

May 27, 2020

PACER
29

ORDER: IT IS HEREBY ORDERED that Plaintiffs shall file a letter no later than 9:00 a.m. tomorrow (May 28, 2020) advising whether the Resolution moots the request for preliminary injunctive relief and/or otherwise affects any claim asserted in the Complaint (Dkt. No. 1) or Motion for Preliminary Injunction (Dkt. No. 8). SO ORDERED. (Signed by Judge Lewis J. Liman on 5/27/2020) (va) (Entered: 05/27/2020)

May 27, 2020

May 27, 2020

RECAP
30

LETTER addressed to Judge Lewis J. Liman from Amanda B. Pearlstein dated May 28, 2020 re: Hernandez et al. v. New York State Board of Elections et al., Docket No. 20-cv-4003. Document filed by American Council of the Blind of New York, Inc., Rasheta Bunting, Center for Independence of the Disabled, New York, Disability Rights New York, Keith Gurgui, Jose Hernandez, Karen Luxton Gourgey, National Federation of the Blind of New York State, Inc...(Pearlstein, Amanda) (Entered: 05/28/2020)

May 28, 2020

May 28, 2020

PACER
31

ORDER: The Court is in receipt of Plaintiffs' letter (Dkt. No. 30), which advises that the Resolution passed yesterday does not moot Plaintiffs' request for injunctive relief. The parties are HEREBY ORDERED to meet and confer regarding implementation of the Resolution and to advise the Court of the results of that meet-and-confer no later than 9:00 a.m. tomorrow (May 29, 2020). SO ORDERED. (Signed by Judge Lewis J. Liman on 5/28/2020) (va) (Entered: 05/28/2020)

May 28, 2020

May 28, 2020

RECAP
32

TRANSCRIPT of Proceedings re: conference held on 5/22/2020 before Judge Lewis J. Liman. Court Reporter/Transcriber: Khristine Sellin, (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 6/18/2020. Redacted Transcript Deadline set for 6/29/2020. Release of Transcript Restriction set for 8/26/2020..(McGuirk, Kelly) (Entered: 05/28/2020)

May 28, 2020

May 28, 2020

PACER
33

NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 5/22/2020 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: 05/28/2020)

May 28, 2020

May 28, 2020

PACER
34

JOINT LETTER addressed to Judge Lewis J. Liman from Seth J. Farber dated May 28, 2020 re: Hernandez v. N.Y.S. Board of Elections, Joint Letter Reporting on Meet and Confer telephone conference. Document filed by Robert A. Brehm, Douglas A. Kellner, Peter S. Kosinski, New York State Board of Elections, Andrew Spano, Todd D. Valentine..(Farber, Seth) (Entered: 05/28/2020)

May 28, 2020

May 28, 2020

PACER
35

REPLY MEMORANDUM OF LAW in Support re: 8 MOTION for Preliminary Injunction . . Document filed by American Council of the Blind of New York, Inc., Rasheta Bunting, Center for Independence of the Disabled, New York, Disability Rights New York, Keith Gurgui, Jose Hernandez, Karen Luxton Gourgey, National Federation of the Blind of New York State, Inc...(Pearlstein, Amanda) (Entered: 05/28/2020)

May 28, 2020

May 28, 2020

PACER
36

ORDER: As discussed at the hearing held today, the following is HEREBY ORDERED: 1. The parties shall meet and confer today. 2. No later than 5:00 p.m. on June 3, 2020, the parties shall submit either a consent decree or a status letter advising the Court that a consent decree was unable to be reached and identifying the areas of remaining disagreement. 3. A conference is SET for June 4, 2020 at 4:00 p.m. It will proceed telephonically. Parties are directed to call (888) 251-2909 and use access code 2123101. SO ORDERED. ( Telephone Conference set for 6/4/2020 at 04:00 PM before Judge Lewis J. Liman.) (Signed by Judge Lewis J. Liman on 5/29/2020) (va) (Entered: 05/29/2020)

May 29, 2020

May 29, 2020

RECAP

ORDER: The Clerk of Court is directed to remove in its entirety Docket #17 Transcript Request from the docket. So Ordered. (HEREBY ORDERED by Judge Lewis J. Liman) (Text Only Order) (mf)

May 29, 2020

May 29, 2020

PACER

Minute Entry for proceedings held before Judge Lewis J. Liman: Telephone Conference held on 5/29/2020. Oral Argument held in re: Docket #8 MOTION for Preliminary Injunction. Document filed by American Council of the Blind of New York, Inc., Rasheda Bunting, Center for Independence of the Disabled, New York, Disability Rights New York, Keith Gurgui, Jose Hernandez, Karen Luxton Gourgey, National Federation of the Blind of New York State, Inc. Amanda Pearlstein, Christina Asbee, Christina Drandt-Young, and Eve Hill present by telephone for Plaintiffs. Seth Farber present by telephone for Defendants. Court reporter present by telephone. The Court heard arguments from Plaintiffs and Defendants. Decision reserved by the Court. (mf)

May 29, 2020

May 29, 2020

PACER

Order

May 30, 2020

May 30, 2020

PACER

Note Regarding Stricken Document

June 1, 2020

June 1, 2020

PACER
37

PROPOSED STIPULATION AND ORDER. Document filed by Robert A. Brehm, Douglas A. Kellner, Peter S. Kosinski, New York State Board of Elections, Andrew Spano, Todd D. Valentine..(Farber, Seth) (Entered: 06/02/2020)

June 2, 2020

June 2, 2020

PACER
38

STIPULATION OF SETTLEMENT AND ORDER FOR THE WITHDRAWAL OF THE MOTION FOR TEMPORARY RESTRAINING ORDER AND PRELIMINARY INJUNCTION: WHEREAS, Plaintiffs filed a Complaint dated May 22, 2020, alleging that Defendants' Absentee Voting program is inaccessible to individuals with disabilities and therefore in violation of the Americans with Disabilities Act (ADA), 42 U.S.C. ยง 12101 et seq., and Section 504 of the Rehabilitation Act of 1973 (Section 504), 29 U.S.C. ยง 794 (Dkt. 1); and WHEREAS on May 27, 2020, Defendant New York State Board of Elections ("NYSBOE") adopted a number of measures toward improving access to absentee ballots including but not limited to providing an accessible request form and instructions on its website and providing directions to county boards of election concerning accessible absentee ballots; WHEREAS, the parties are interested in resolving the issues raised in Plaintiffs' Motion for Preliminary Injunction and Temporary Restraining Order ("PI/TRO Motion") regarding the June 23, 2020 Elections (Dkt. 8), and have negotiated in good faith for that purpose; and WHEREAS, the parties intend to resolve matters addressed in the PI/TRO Motion, exclusively; and WHEREAS, nothing in this Stipulation shall be deemed an admission by either party and the parties further agree that this Stipulation is without precedential value, and without prejudice to the assertion of any claims, arguments, contentions and defenses whether or not otherwise alleged in the Complaint; and WHEREAS, none of the parties is an infant or incompetent person; IT IS HEREBY STIPULATED AND AGREED, by and between the parties and their respective counsel as followed: (As further set forth further herein this Stipulation.) SO ORDERED: IT IS FURTHER ORDERED that the conference previously set for June 4, 2020 is CANCELLED. (Signed by Judge Lewis J. Liman on 6/2/2020) (va) (Entered: 06/03/2020)

June 2, 2020

June 2, 2020

Clearinghouse
39

NOTICE OF APPEARANCE by Seth Jonathan Farber on behalf of Robert A. Brehm, Douglas A. Kellner, Peter S. Kosinski, New York State Board of Elections, Andrew Spano, Todd D. Valentine..(Farber, Seth) (Entered: 06/03/2020)

June 3, 2020

June 3, 2020

PACER
40

FILING ERROR - DEFICIENT PRO HAC VICE MOTION - MOTION for Eve Hill to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-20275495. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by American Council of the Blind of New York, Inc., Rasheta Bunting, Center for Independence of the Disabled, New York, Disability Rights New York, Keith Gurgui, Jose Hernandez, Karen Luxton Gourgey, National Federation of the Blind of New York State, Inc.. (Attachments: # 1 Affidavit, # 2 DC Certificate of Good Standing, # 3 MD Certificate of Good Standing, # 4 ME Certificate of Good Standing, # 5 CA Certificate of Good Standing).(Pearlstein, Amanda) Modified on 6/16/2020 (ad). (Entered: 06/16/2020)

June 16, 2020

June 16, 2020

PACER

>>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. 40 MOTION for Eve Hill to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-20275495. Motion and supporting papers to be reviewed by Clerk's Office staff.. The filing is deficient for the following reason(s): The Certificate of Good Standing must be issued from the California Supreme Court, 350 Mc Allister Street, Room 1295, San Francisco, CA 94102 415-865-7000; The applicants pro hac vice motion must include a sworn statement, i.e. a notarized affidavit;. Re-file the motion as a Corrected Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Proposed Order. (ad)

June 16, 2020

June 16, 2020

PACER
41

ANSWER to 1 Complaint,. Document filed by Robert A. Brehm, Douglas A. Kellner, Peter S. Kosinski, New York State Board of Elections, Andrew Spano, Todd D. Valentine..(Farber, Seth) (Entered: 06/16/2020)

June 16, 2020

June 16, 2020

RECAP

Notice Regarding Deficient Motion to Appear Pro Hac Vice

June 16, 2020

June 16, 2020

PACER
42

NOTICE OF APPEARANCE by Michelle Anne Caiola on behalf of American Council of the Blind of New York, Inc., Center for Independence of the Disabled, New York, Karen Luxton Gourgey..(Caiola, Michelle) (Entered: 06/17/2020)

June 17, 2020

June 17, 2020

PACER
43

NOTICE OF APPEARANCE by Christina Louise Brandt-Young on behalf of American Council of the Blind of New York, Inc., Center for Independence of the Disabled, New York, Karen Luxton Gourgey..(Brandt-Young, Christina) (Entered: 06/17/2020)

June 17, 2020

June 17, 2020

PACER
44

MOTION for Eve Hill to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by American Council of the Blind of New York, Inc., Rasheta Bunting, Center for Independence of the Disabled, New York, Disability Rights New York, Keith Gurgui, Jose Hernandez, Karen Luxton Gourgey, National Federation of the Blind of New York State, Inc.. (Attachments: # 1 Affidavit, # 2 Maryland Certificate of Good Standing, # 3 Maine Certificate of Good Standing, # 4 California State Certificate of Good Standing, # 5 California Supreme Court Certificate of Good Standing).(Pearlstein, Amanda) (Entered: 06/25/2020)

June 25, 2020

June 25, 2020

PACER

>>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. 44 MOTION for Eve Hill to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff... The filing is deficient for the following reason(s): missing Certificate of Good Standing from DC Supreme Court; missing Proposed Order. Re-file the motion as a Corrected Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Proposed Order. (laq)

June 25, 2020

June 25, 2020

PACER

Notice Regarding Deficient Motion to Appear Pro Hac Vice

June 25, 2020

June 25, 2020

PACER
45

MOTION for Eve Lynne Hill to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by American Council of the Blind of New York, Inc., Rasheta Bunting, Center for Independence of the Disabled, New York, Disability Rights New York, Keith Gurgui, Jose Hernandez, Karen Luxton Gourgey, National Federation of the Blind of New York State, Inc.. (Attachments: # 1 Text of Proposed Order, # 2 Affidavit, # 3 California State Certificate of Good Standing, # 4 California Supreme Court Certificate of Good Standing, # 5 Maine Certificate of Good Standing, # 6 Maryland Certificate of Good Standing, # 7 DC Certificate of Good Standing).(Pearlstein, Amanda) (Entered: 06/29/2020)

June 29, 2020

June 29, 2020

PACER

>>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. 45 MOTION for Eve Lynne Hill to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff... The filing is deficient for the following reason(s): expired Certificate of Good Standing from District of Columbia, Maine and Maryland;. Re-file the motion as a Corrected Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Proposed Order.. (laq)

June 29, 2020

June 29, 2020

PACER

Notice Regarding Deficient Motion to Appear Pro Hac Vice

June 29, 2020

June 29, 2020

PACER
46

MOTION for Eve Lynne Hill to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by American Council of the Blind of New York, Inc., Rasheta Bunting, Center for Independence of the Disabled, New York, Disability Rights New York, Keith Gurgui, Jose Hernandez, Karen Luxton Gourgey, National Federation of the Blind of New York State, Inc.. (Attachments: # 1 Affidavit, # 2 Text of Proposed Order, # 3 California Supreme Court Certificate of Good Standing, # 4 California State Certificate of Good Standing, # 5 DC Certificate of Good Standing, # 6 Maryland Certificate of Good Standing, # 7 Maine Certificate of Good Standing).(Pearlstein, Amanda) (Entered: 06/30/2020)

June 30, 2020

June 30, 2020

PACER

>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 46 MOTION for Eve Lynne Hill to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (ad)

June 30, 2020

June 30, 2020

PACER

Notice Regarding Pro Hac Vice Motion

June 30, 2020

June 30, 2020

PACER
47

ORDER granting 46 Motion for Eve Lynne Hill to Appear Pro Hac Vice (HEREBY ORDERED by Judge Lewis J. Liman)(Text Only Order) (MM) (Entered: 07/02/2020)

July 2, 2020

July 2, 2020

PACER
48

ORDER denying as moot 44 Motion for Eve Lynne Hill to Appear Pro Hac Vice (see Dkt. No. 47) (HEREBY ORDERED by Judge Lewis J. Liman)(Text Only Order) (MM) (Entered: 07/02/2020)

July 2, 2020

July 2, 2020

PACER

Order on Motion to Appear Pro Hac Vice

July 2, 2020

July 2, 2020

PACER
49

LETTER MOTION to Expedite addressed to Judge Lewis J. Liman from Amanda B. Pearlstein dated July 9, 2020. Document filed by American Council of the Blind of New York, Inc., Rasheta Bunting, Center for Independence of the Disabled, New York, Disability Rights New York, Keith Gurgui, Jose Hernandez, Karen Luxton Gourgey, National Federation of the Blind of New York State, Inc...(Pearlstein, Amanda) (Entered: 07/09/2020)

July 9, 2020

July 9, 2020

PACER
50

ORDER granting 49 LETTER MOTION to Expedite addressed to Judge Lewis J. Liman from Amanda B. Pearlstein dated July 9, 2020. Document filed by American Council of the Blind of New York, Inc., Rasheta Bunting, et al. Application GRANTED. A telephonic preliminary injunction hearing is SET for August 11, 2020 at 12:00 p.m. The parties are directed to call (888) 251-2909 and use access code 2123101. (Signed by Judge Lewis J. Liman on 7/9/2020) (rjm) (Entered: 07/09/2020)

July 9, 2020

July 9, 2020

PACER

Set/Reset Deadlines: (Motions due by 7/24/2020. Responses due by 8/7/2020). Set/Reset Hearings: (Telephone Conference set for 8/11/2020 at 12:00 AM before Judge Lewis J. Liman.) (rjm)

July 9, 2020

July 9, 2020

PACER
51

NOTICE OF APPEARANCE by Eve L Hill on behalf of American Council of the Blind of New York, Inc., Rasheta Bunting, Center for Independence of the Disabled, New York, Disability Rights New York, Keith Gurgui, Jose Hernandez, Karen Luxton Gourgey, National Federation of the Blind of New York State, Inc...(Hill, Eve) (Entered: 07/10/2020)

July 10, 2020

July 10, 2020

PACER
52

FILING ERROR - DEFICIENT DOCKET ENTRY - SECOND MOTION for Preliminary Injunction . Document filed by American Council of the Blind of New York, Inc., Rasheta Bunting, Center for Independence of the Disabled, New York, Disability Rights New York, Keith Gurgui, Jose Hernandez, Karen Luxton Gourgey, National Federation of the Blind of New York State, Inc.. (Attachments: # 1 Memorandum of Law, # 2 Affidavit Second Gurgui Declaration, # 3 Affidavit Second Hernandez Declaration, # 4 Affidavit Young Declaration, # 5 Affidavit Mayr Declaration, # 6 Affidavit Second Bunting Declaration, # 7 Affidavit Kristic Declaration, # 8 Affidavit Parker Declaration, # 9 Affidavit Second Blake Declaration, # 10 Affidavit Zimnik Declaration, # 11 Affidavit Second Luxton Gourgey Declaration).(Pearlstein, Amanda) Modified on 7/27/2020 (ldi). (Entered: 07/24/2020)

1 Memorandum of Law

View on RECAP

2 Affidavit Second Gurgui Declaration

View on PACER

3 Affidavit Second Hernandez Declaration

View on PACER

4 Affidavit Young Declaration

View on PACER

5 Affidavit Mayr Declaration

View on PACER

6 Affidavit Second Bunting Declaration

View on PACER

7 Affidavit Kristic Declaration

View on PACER

8 Affidavit Parker Declaration

View on PACER

9 Affidavit Second Blake Declaration

View on PACER

10 Affidavit Zimnik Declaration

View on PACER

11 Affidavit Second Luxton Gourgey Declaration

View on PACER

July 24, 2020

July 24, 2020

RECAP
53

FILING ERROR - DEFICIENT DOCKET ENTRY - AFFIDAVIT of Rasheta Bunting in Support re: 52 SECOND MOTION for Preliminary Injunction .. Document filed by American Council of the Blind of New York, Inc., Rasheta Bunting, Center for Independence of the Disabled, New York, Disability Rights New York, Keith Gurgui, Jose Hernandez, Karen Luxton Gourgey, National Federation of the Blind of New York State, Inc...(Pearlstein, Amanda) Modified on 7/27/2020 (ldi). (Entered: 07/27/2020)

July 27, 2020

July 27, 2020

PACER
54

FILING ERROR - DEFICIENT DOCKET ENTRY - AFFIDAVIT of Robin Mayr in Support re: 52 SECOND MOTION for Preliminary Injunction .. Document filed by American Council of the Blind of New York, Inc., Rasheta Bunting, Center for Independence of the Disabled, New York, Disability Rights New York, Keith Gurgui, Jose Hernandez, Karen Luxton Gourgey, National Federation of the Blind of New York State, Inc...(Pearlstein, Amanda) Modified on 7/27/2020 (ldi). (Entered: 07/27/2020)

July 27, 2020

July 27, 2020

PACER

***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Notice to Attorney Amanda Brooke Pearlstein to RE-FILE Document 52 SECOND MOTION for Preliminary Injunction . ERROR(S): Supporting documents must be filed separately, each receiving their own document number. Declaration in Support of Motion and Memorandum of Law in Support of Motion are both found under the event list Replies, Opposition and Supporting Documents. (ldi)

July 27, 2020

July 27, 2020

PACER

***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Notice to Attorney Amanda Brooke Pearlstein to RE-FILE Document 53 Affidavit in Support of Motion, 54 Affidavit in Support of Motion. ERROR(S): documents linked to filing error. NOTE: Re-file the Motion first, then re-file all supporting documents separately. (ldi)

July 27, 2020

July 27, 2020

PACER

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

July 27, 2020

July 27, 2020

PACER
55

MOTION for Preliminary Injunction . Document filed by American Council of the Blind of New York, Inc., Rasheta Bunting, Center for Independence of the Disabled, New York, Disability Rights New York, Keith Gurgui, Jose Hernandez, Karen Luxton Gourgey, National Federation of the Blind of New York State, Inc...(Pearlstein, Amanda) (Entered: 07/28/2020)

July 28, 2020

July 28, 2020

RECAP
56

MEMORANDUM OF LAW in Support re: 55 MOTION for Preliminary Injunction . . Document filed by American Council of the Blind of New York, Inc., Rasheta Bunting, Center for Independence of the Disabled, New York, Disability Rights New York, Keith Gurgui, Jose Hernandez, Karen Luxton Gourgey, National Federation of the Blind of New York State, Inc...(Pearlstein, Amanda) (Entered: 07/28/2020)

July 28, 2020

July 28, 2020

RECAP
57

DECLARATION of Kennedy Zimnik in Support re: 55 MOTION for Preliminary Injunction .. Document filed by American Council of the Blind of New York, Inc., Rasheta Bunting, Center for Independence of the Disabled, New York, Disability Rights New York, Keith Gurgui, Jose Hernandez, Karen Luxton Gourgey, National Federation of the Blind of New York State, Inc...(Pearlstein, Amanda) (Entered: 07/28/2020)

July 28, 2020

July 28, 2020

PACER
58

DECLARATION of Justin Young in Support re: 55 MOTION for Preliminary Injunction .. Document filed by American Council of the Blind of New York, Inc., Rasheta Bunting, Center for Independence of the Disabled, New York, Disability Rights New York, Keith Gurgui, Jose Hernandez, Karen Luxton Gourgey, National Federation of the Blind of New York State, Inc...(Pearlstein, Amanda) (Entered: 07/28/2020)

July 28, 2020

July 28, 2020

PACER
59

DECLARATION of Maria Kristic in Support re: 55 MOTION for Preliminary Injunction .. Document filed by American Council of the Blind of New York, Inc., Rasheta Bunting, Center for Independence of the Disabled, New York, Disability Rights New York, Keith Gurgui, Jose Hernandez, Karen Luxton Gourgey, National Federation of the Blind of New York State, Inc...(Pearlstein, Amanda) (Entered: 07/28/2020)

July 28, 2020

July 28, 2020

PACER
60

DECLARATION of Meghan Parker in Support re: 55 MOTION for Preliminary Injunction .. Document filed by American Council of the Blind of New York, Inc., Rasheta Bunting, Center for Independence of the Disabled, New York, Disability Rights New York, Keith Gurgui, Jose Hernandez, Karen Luxton Gourgey, National Federation of the Blind of New York State, Inc...(Pearlstein, Amanda) (Entered: 07/28/2020)

July 28, 2020

July 28, 2020

PACER
61

DECLARATION of Lou Ann Blake in Support re: 55 MOTION for Preliminary Injunction .. Document filed by American Council of the Blind of New York, Inc., Rasheta Bunting, Center for Independence of the Disabled, New York, Disability Rights New York, Keith Gurgui, Jose Hernandez, Karen Luxton Gourgey, National Federation of the Blind of New York State, Inc...(Pearlstein, Amanda) (Entered: 07/28/2020)

July 28, 2020

July 28, 2020

PACER
62

DECLARATION of Karen Luxton Gourgey in Support re: 55 MOTION for Preliminary Injunction .. Document filed by American Council of the Blind of New York, Inc., Rasheta Bunting, Center for Independence of the Disabled, New York, Disability Rights New York, Keith Gurgui, Jose Hernandez, Karen Luxton Gourgey, National Federation of the Blind of New York State, Inc...(Pearlstein, Amanda) (Entered: 07/28/2020)

July 28, 2020

July 28, 2020

PACER
63

DECLARATION of Keith Gurgui in Support re: 55 MOTION for Preliminary Injunction .. Document filed by American Council of the Blind of New York, Inc., Rasheta Bunting, Center for Independence of the Disabled, New York, Disability Rights New York, Keith Gurgui, Jose Hernandez, Karen Luxton Gourgey, National Federation of the Blind of New York State, Inc...(Pearlstein, Amanda) (Entered: 07/28/2020)

July 28, 2020

July 28, 2020

PACER
64

DECLARATION of Jose Hernandez in Support re: 55 MOTION for Preliminary Injunction .. Document filed by American Council of the Blind of New York, Inc., Rasheta Bunting, Center for Independence of the Disabled, New York, Disability Rights New York, Keith Gurgui, Jose Hernandez, Karen Luxton Gourgey, National Federation of the Blind of New York State, Inc...(Pearlstein, Amanda) (Entered: 07/28/2020)

July 28, 2020

July 28, 2020

PACER
65

DECLARATION of Robin Mayr in Support re: 55 MOTION for Preliminary Injunction .. Document filed by American Council of the Blind of New York, Inc., Rasheta Bunting, Center for Independence of the Disabled, New York, Disability Rights New York, Keith Gurgui, Jose Hernandez, Karen Luxton Gourgey, National Federation of the Blind of New York State, Inc...(Pearlstein, Amanda) (Entered: 07/28/2020)

July 28, 2020

July 28, 2020

PACER
66

DECLARATION of Rasheta Bunting in Support re: 55 MOTION for Preliminary Injunction .. Document filed by American Council of the Blind of New York, Inc., Rasheta Bunting, Center for Independence of the Disabled, New York, Disability Rights New York, Keith Gurgui, Jose Hernandez, Karen Luxton Gourgey, National Federation of the Blind of New York State, Inc...(Pearlstein, Amanda) (Entered: 07/28/2020)

July 28, 2020

July 28, 2020

PACER
67

NOTICE OF APPEARANCE by Christina N. Asbee on behalf of American Council of the Blind of New York, Inc., Rasheta Bunting, Center for Independence of the Disabled, New York, Disability Rights New York, Keith Gurgui, Jose Hernandez, Karen Luxton Gourgey, National Federation of the Blind of New York State, Inc...(Asbee, Christina) (Entered: 08/03/2020)

Aug. 3, 2020

Aug. 3, 2020

PACER
68

FIRST LETTER MOTION for Leave to File Reply Brief with Supplemental Facts in Support of Plaintiffs' Second Motion for Preliminary Injunction addressed to Judge Lewis J. Liman from Christina Asbee dated August 3, 2020. Document filed by American Council of the Blind of New York, Inc., Rasheta Bunting, Center for Independence of the Disabled, New York, Disability Rights New York, Keith Gurgui, Jose Hernandez, Karen Luxton Gourgey, National Federation of the Blind of New York State, Inc...(Asbee, Christina) (Entered: 08/03/2020)

Aug. 3, 2020

Aug. 3, 2020

PACER
69

LETTER RESPONSE in Opposition to Motion addressed to Judge Lewis J. Liman from Seth J. Farber dated August 3, 2020 re: 68 FIRST LETTER MOTION for Leave to File Reply Brief with Supplemental Facts in Support of Plaintiffs' Second Motion for Preliminary Injunction addressed to Judge Lewis J. Liman from Christina Asbee dated August 3, 2020. . Document filed by Robert A. Brehm, Douglas A. Kellner, Peter S. Kosinski, New York State Board of Elections, Andrew Spano, Todd D. Valentine..(Farber, Seth) (Entered: 08/03/2020)

Aug. 3, 2020

Aug. 3, 2020

PACER
70

MEMO ENDORSEMENT on re: 69 Response in Opposition to Motion, filed by Andrew Spano, Robert A. Brehm, Douglas A. Kellner, Peter S. Kosinski, Todd D. Valentine, New York State Board of Elections. ENDORSEMENT: The parties shall appear for a telephonic status conference tomorrow (August 4, 2020) at 2:30 p.m. The are directed to call (888) 251-2909 and use access code 2123101. ( Telephone Conference set for 8/4/2020 at 02:30 PM before Judge Lewis J. Liman.) (Signed by Judge Lewis J. Liman on 8/3/2020) (va) (Entered: 08/03/2020)

Aug. 3, 2020

Aug. 3, 2020

PACER
71

MOTION for Abigail A. Graber to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-20977510. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by American Council of the Blind of New York, Inc., Rasheta Bunting, Center for Independence of the Disabled, New York, Disability Rights New York, Keith Gurgui, Jose Hernandez, Karen Luxton Gourgey, National Federation of the Blind of New York State, Inc.. (Attachments: # 1 Affidavit of Abigail Graber, # 2 Certificate of Good Standing, # 3 Text of Proposed Order).(Asbee, Christina) (Entered: 08/03/2020)

Aug. 3, 2020

Aug. 3, 2020

PACER

Case Details

State / Territory: New York

Case Type(s):

Election/Voting Rights

Disability Rights

Special Collection(s):

COVID-19 (novel coronavirus)

Healthy Elections COVID litigation tracker

Key Dates

Filing Date: May 22, 2020

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

disabled individuals; disability rights organizations

Plaintiff Type(s):

Non-profit NON-religious organization

Private Plaintiff

Attorney Organizations:

NDRN/Protection & Advocacy Organizations

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Board of Elections, State

Commissioner, State

Co-Executive Director, State

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12111 et seq.

Section 504 (Rehabilitation Act), 29 U.S.C. § 701

Availably Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Attorneys fees

Source of Relief:

Settlement

Litigation

Form of Settlement:

Court Approved Settlement or Consent Decree

Voluntary Dismissal

Amount Defendant Pays: 400,000

Order Duration: 2022 - 2022

Content of Injunction:

Preliminary relief denied

Preliminary relief request withdrawn/mooted

Reasonable Accommodation

Issues

Discrimination-basis:

Disability (inc. reasonable accommodations)

Disability:

Visual impairment

Voting:

Election administration