Case: League of Women Voters of the U.S. v. Kosinski

1:20-cv-05238 | U.S. District Court for the Southern District of New York

Filed Date: July 8, 2020

Closed Date: June 9, 2021

Clearinghouse coding complete

Case Summary

On July 8, 2020, this action, brought by the League of Women’s Voters of the United States, the League of Women’s Voters of New York, and an individual voter in the U.S. District Court for the Southern District of New York alleged constitutional violations related to the state's election processes. Suing under 42 U.S.C. § 1983, they brought this action against the Commissioners and Executive Directors of the New York State Board of Elections and alleged New York's absentee voting procedures unc…

On July 8, 2020, this action, brought by the League of Women’s Voters of the United States, the League of Women’s Voters of New York, and an individual voter in the U.S. District Court for the Southern District of New York alleged constitutional violations related to the state's election processes. Suing under 42 U.S.C. § 1983, they brought this action against the Commissioners and Executive Directors of the New York State Board of Elections and alleged New York's absentee voting procedures unconstitutionally violated:

  • the Fourteenth Amendment's Due Process requirement by failing to provide voters whose absentee ballots are rejected with notice and opportunity to be heard (i.e., to challenge and cure the rejection);
  • the First and Fourteenth Amendment's guarantee of the fundamental right to vote (e.g., by allowing absentee ballots to be rejected because election inspectors with no expertise in handwriting determine that a signature on the ballot does not match that on the voter’s registration packet or because the signature was in pencil); and 
  • the Fourteenth Amendment's Equal Protection requirement by failing to treat similarly situated persons alike (e.g., due to the lack of statewide standards and inconsistent practices in terms of counties having guidance or training on signature matching or providing the opportunity to cure some defects, and no country providing the opportunity to cure signature mismatching for absentee ballots, although in-person voters are given the opportunity to cure signature mismatches).

The plaintiffs alleged New York had the highest rate of rejection of absentee ballots in the country despite only 6% of New Yorkers voting absentee, and that in the 2018 general election 14% of absentee ballots were rejected, with a high percentage of those rejections related to signatures on ballots allegedly not matching the voter's signature on file. The case was assigned to Judge Mary Kay Vyskocil and Magistrate Judge Ona T. Wang.

The parties immediately engaged in negotiations for a settlement of the plaintiffs' claims and requested the court to extend deadlines on several occasions. 

On September 17, the parties notified the court they had reached an agreement related to the November 2020 election, which they deemed was better for the change they wished to enact than litigating a preliminary injunction. The stipulated agreement included provisions for which absentee ballot issues were curable, how the voter would be provided notice, how a defect could be cured, and deadlines to cure; the agreement also provided for specific training on how to verify signatures and some voter education. Judge Vyskocil granted the motion the same day and signed the stipulated consent order. However, on September 18, Judge Vyskocil vacated the consent order, stating that the parties were free to agree to whatever they wished to, and it would be enforceable in accordance with governing law, but since there were no motions pending before the court (the agreement had been stipulated to in lieu of any motion practice or litigation before the court), Judge Vyskocil could not "blindly lend [the court's] imprimatur and endorse the contents of the agreements between the parties." Thus, while the parties could agree and that agreement would be binding on them u under contract law, it was not a consent decree.

Following the November 2020 election, the parties agreed to stay the litigation as they reviewed the absentee ballot procedures used in the election and tried to reach a full settlement of the plaintiffs' claims. While COVID-19 had brought on an increased number of absentee ballots, the plaintiffs felt the problems with the state's voting laws went beyond just the pandemic and that long-term change needed to occur. 

During this period, the Board of Elections adopted new rules, at the requirement of new legislation, to inform voters by phone/email and mail of clerical errors with their ballot and give the an opportunity to fix it.

On June 9, 2021, the plaintiffs filed a notice of voluntary dismissal because the issues with New York's erroneous rejection of mail-in ballots had been permanently changed; the court dismissed the case without prejudice and it is now closed.

Summary Authors

Caitlin Kierum (4/29/2022)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/17331620/parties/league-of-women-voters-of-the-united-states-v-kosinski/


Judge(s)
Attorney for Plaintiff

Brehm, Robert A (New York)

Doshi, Ravi (District of Columbia)

Gay, Faith (New York)

Attorney for Defendant

Cartagena, Nicholas Robert (New York)

Kellner, Douglas A. (New York)

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Documents in the Clearinghouse

Document

1:20-cv-05238

Docket [PACER]

League of Women Voters of the United States v. Kosinski

Nov. 16, 2020

Nov. 16, 2020

Docket
1

1:20-cv-05238

Complaint

League of Women Voters of the United States v. Kosinski

July 8, 2020

July 8, 2020

Complaint
36-1

1:20-cv-05238

Stipulated Consent Order

League of Women Voters of the United States v. Kosinski

Sept. 17, 2020

Sept. 17, 2020

Order/Opinion
38

1:20-cv-05238

Order Vacating Stipulated Consent Order

League of Women Voters of the United States v. Kosinsk 1:20-cv-05238

Sept. 18, 2020

Sept. 18, 2020

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/17331620/league-of-women-voters-of-the-united-states-v-kosinski/

Last updated Jan. 6, 2024, 3:02 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against Robert A. Brehm, Douglas A. Kellner, Peter S. Kosinski, Andrew J. Spano, Todd D. Valentine. (Filing Fee $ 400.00, Receipt Number ANYSDC-20601485)Document filed by League of Women Voters of the United States, Carmelina Palmer, League of Women Voters of New York State..(Margolin, Joshua) (Entered: 07/08/2020)

July 8, 2020

July 8, 2020

Clearinghouse
2

CIVIL COVER SHEET filed..(Margolin, Joshua) (Entered: 07/08/2020)

July 8, 2020

July 8, 2020

PACER
3

REQUEST FOR ISSUANCE OF SUMMONS as to Peter S. Kosinski, Douglas A. Kellner, Andrew Spano, Todd D. Valentine, and Robert A. Brehm, re: 1 Complaint,. Document filed by League of Women Voters of New York State, League of Women Voters of the United States, Carmelina Palmer..(Margolin, Joshua) (Entered: 07/08/2020)

July 8, 2020

July 8, 2020

PACER
4

NOTICE OF APPEARANCE by Faith E. Gay on behalf of League of Women Voters of New York State, League of Women Voters of the United States, Carmelina Palmer..(Gay, Faith) (Entered: 07/08/2020)

July 8, 2020

July 8, 2020

PACER
5

NOTICE OF APPEARANCE by Jordan Lionell Weatherwax on behalf of League of Women Voters of New York State, League of Women Voters of the United States, Carmelina Palmer..(Weatherwax, Jordan) (Entered: 07/08/2020)

July 8, 2020

July 8, 2020

PACER
6

NOTICE OF APPEARANCE by Shelby P. Rokito on behalf of League of Women Voters of New York State, League of Women Voters of the United States, Carmelina Palmer..(Rokito, Shelby) (Entered: 07/08/2020)

July 8, 2020

July 8, 2020

PACER
7

NOTICE OF APPEARANCE by Katie Elizabeth Renzler on behalf of League of Women Voters of New York State, League of Women Voters of the United States, Carmelina Palmer..(Renzler, Katie) (Entered: 07/08/2020)

July 8, 2020

July 8, 2020

PACER
8

RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by League of Women Voters of the United States..(Margolin, Joshua) (Entered: 07/08/2020)

July 8, 2020

July 8, 2020

PACER
9

RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by League of Women Voters of New York State..(Margolin, Joshua) (Entered: 07/08/2020)

July 8, 2020

July 8, 2020

PACER

CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Mary Kay Vyskocil. 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 9, 2020

July 9, 2020

PACER

Magistrate Judge Ona T. Wang 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 9, 2020

July 9, 2020

PACER

Case Designated ECF. (jgo)

July 9, 2020

July 9, 2020

PACER
10

ELECTRONIC SUMMONS ISSUED as to Robert A. Brehm, Douglas A. Kellner, Peter S. Kosinski, Andrew J. Spano, Todd D. Valentine..(jgo) (Entered: 07/09/2020)

July 9, 2020

July 9, 2020

PACER

Case Opening Initial Assignment Notice

July 9, 2020

July 9, 2020

PACER
11

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

July 10, 2020

July 10, 2020

PACER
12

SUMMONS RETURNED EXECUTED Summons and Complaint, served. Peter S. Kosinski served on 7/9/2020, answer due 7/30/2020. Service was accepted by Brian Quail. Document filed by League of Women Voters of the United States; Carmelina Palmer; League of Women Voters of New York State..(Margolin, Joshua) (Entered: 07/10/2020)

July 10, 2020

July 10, 2020

PACER
13

SUMMONS RETURNED EXECUTED Summons and Complaint, served. Douglas A. Kellner served on 7/9/2020, answer due 7/30/2020. Service was accepted by Brian Quail. Document filed by League of Women Voters of the United States; Carmelina Palmer; League of Women Voters of New York State..(Margolin, Joshua) (Entered: 07/10/2020)

July 10, 2020

July 10, 2020

PACER
14

SUMMONS RETURNED EXECUTED Summons and Complaint, served. Andrew J. Spano served on 7/9/2020, answer due 7/30/2020. Service was accepted by Brian Quail. Document filed by League of Women Voters of the United States; Carmelina Palmer; League of Women Voters of New York State..(Margolin, Joshua) (Entered: 07/10/2020)

July 10, 2020

July 10, 2020

PACER
15

SUMMONS RETURNED EXECUTED Summons and Complaint, served. Todd D. Valentine served on 7/9/2020, answer due 7/30/2020. Service was accepted by Brian Quail. Document filed by League of Women Voters of the United States; Carmelina Palmer; League of Women Voters of New York State..(Margolin, Joshua) (Entered: 07/10/2020)

July 10, 2020

July 10, 2020

PACER
16

SUMMONS RETURNED EXECUTED Summons and Complaint, served. Robert A. Brehm served on 7/9/2020, answer due 7/30/2020. Service was accepted by Brian Quail. Document filed by League of Women Voters of the United States; Carmelina Palmer; League of Women Voters of New York State..(Margolin, Joshua) (Entered: 07/10/2020)

July 10, 2020

July 10, 2020

PACER
17

AFFIDAVIT OF SERVICE of Summons in a Civil Action and Complaint, Rule 7.1 Corporate Disclosure Statement of Plaintiff League of Women Voters of New York State, Rule 7.1 Corporate Disclosure Statement of Plaintiff League of Women Voters of the United States, Civil Cover Sheet, Electronic Case Filing Rules & Instructions, Addendum to Electronic Case Filing Rules & Instructions [Dated April I, 2020] served on Office of the Attorney General on July 9, 2020. Service was made by MAIL. Document filed by League of Women Voters of New York State, League of Women Voters of the United States, Carmelina Palmer..(Margolin, Joshua) (Entered: 07/10/2020)

July 10, 2020

July 10, 2020

PACER
18

NOTICE OF APPEARANCE by Nicholas Robert Cartagena on behalf of Robert A. Brehm, Douglas A. Kellner, Peter S. Kosinski, Andrew J. Spano, Todd D. Valentine..(Cartagena, Nicholas) (Entered: 07/28/2020)

July 28, 2020

July 28, 2020

PACER
19

FIRST LETTER MOTION for Extension of Time to File Answer re: 1 Complaint, addressed to Judge Mary Kay Vyskocil from Nicholas R. Cartagena dated July 28, 2020. Document filed by Robert A. Brehm, Douglas A. Kellner, Peter S. Kosinski, Andrew J. Spano, Todd D. Valentine..(Cartagena, Nicholas) (Entered: 07/28/2020)

July 28, 2020

July 28, 2020

PACER
20

ORDER granting 19 Letter Motion for Extension of Time to Answer. Granted. Robert A. Brehm answer due 8/13/2020; Douglas A. Kellner answer due 8/13/2020; Peter S. Kosinski answer due 8/13/2020; Andrew J. Spano answer due 8/13/2020; Todd D. Valentine answer due 8/13/2020. (Signed by Judge Mary Kay Vyskocil on 7/28/2020) (mro) (Entered: 07/28/2020)

July 28, 2020

July 28, 2020

PACER
21

MOTION for Ravi Raj Doshi to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-20992176. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by League of Women Voters of New York State, League of Women Voters of the United States, Carmelina Palmer. (Attachments: # 1 Exhibit Certificate of Good Standing, # 2 Exhibit Certificate of Good Standing, # 3 Affidavit Notarized Affidavit, # 4 Text of Proposed Order Proposed Order of Admission).(Doshi, Ravi) (Entered: 08/04/2020)

Aug. 4, 2020

Aug. 4, 2020

PACER

>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 21 MOTION for Ravi Raj Doshi to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-20992176. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu)

Aug. 4, 2020

Aug. 4, 2020

PACER

Notice Regarding Pro Hac Vice Motion

Aug. 4, 2020

Aug. 4, 2020

PACER
22

ORDER granting 21 Motion for Ravi Raj Doshi to Appear Pro Hac Vice (HEREBY ORDERED by Judge Mary Kay Vyskocil)(Text Only Order) (rz) (Entered: 08/05/2020)

Aug. 5, 2020

Aug. 5, 2020

PACER
23

MOTION for Simone Tyler Leeper to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-21012843. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by League of Women Voters of New York State, League of Women Voters of the United States, Carmelina Palmer. (Attachments: # 1 Cert. of Good Standing, # 2 Affidavit, # 3 Proposed Order for Admission).(Leeper, Simone) (Entered: 08/05/2020)

Aug. 5, 2020

Aug. 5, 2020

PACER

>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 23 MOTION for Simone Tyler Leeper to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-21012843. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb)

Aug. 5, 2020

Aug. 5, 2020

PACER

Order on Motion to Appear Pro Hac Vice

Aug. 5, 2020

Aug. 5, 2020

PACER

Notice Regarding Pro Hac Vice Motion

Aug. 5, 2020

Aug. 5, 2020

PACER
24

ORDER granting 23 Motion for Simone Tyler Leper to Appear Pro Hac Vice (HEREBY ORDERED by Judge Mary Kay Vyskocil)(Text Only Order) (rz) (Entered: 08/06/2020)

Aug. 6, 2020

Aug. 6, 2020

PACER

Order on Motion to Appear Pro Hac Vice

Aug. 6, 2020

Aug. 6, 2020

PACER
25

SECOND LETTER MOTION for Extension of Time to File Answer re: 20 Order on Motion for Extension of Time to Answer, 1 Complaint, addressed to Judge Mary Kay Vyskocil from Nicholas R. Cartagena dated 8/12/2020. Document filed by Robert A. Brehm, Douglas A. Kellner, Peter S. Kosinski, Andrew J. Spano, Todd D. Valentine..(Cartagena, Nicholas) (Entered: 08/12/2020)

Aug. 12, 2020

Aug. 12, 2020

PACER
26

ORDER granting 25 Letter Motion for Extension of Time to Answer. Granted. Robert A. Brehm answer due 8/20/2020; Douglas A. Kellner answer due 8/20/2020; Peter S. Kosinski answer due 8/20/2020; Andrew J. Spano answer due 8/20/2020; Todd D. Valentine answer due 8/20/2020. (Signed by Judge Mary Kay Vyskocil on 8/12/2020) (mro) (Entered: 08/12/2020)

Aug. 12, 2020

Aug. 12, 2020

PACER
27

FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Danielle Marie Lang to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-21225424. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by League of Women Voters of New York State, League of Women Voters of the United States, Carmelina Palmer. (Attachments: # 1 CA Certificate of Good Standing, # 2 DC Certificate of Good Standing, # 3 NY Certificate of Good Standing, # 4 Notarized Affidavit, # 5 Proposed Order for Admission).(Lang, Danielle) Modified on 8/19/2020 (wb). (Entered: 08/19/2020)

Aug. 19, 2020

Aug. 19, 2020

PACER

>>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. 27 MOTION for Danielle Marie Lang to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-21225424. 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 Supreme Court of California; MISSING DECLARATION OR 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.. (wb)

Aug. 19, 2020

Aug. 19, 2020

PACER
28

ANSWER to 1 Complaint,. Document filed by Robert A. Brehm, Douglas A. Kellner, Peter S. Kosinski, Andrew J. Spano, Todd D. Valentine..(Cartagena, Nicholas) (Entered: 08/19/2020)

Aug. 19, 2020

Aug. 19, 2020

PACER
29

NOTICE of Certificate of Service of Answer re: 28 Answer to Complaint. Document filed by Robert A. Brehm, Douglas A. Kellner, Peter S. Kosinski, Andrew J. Spano, Todd D. Valentine..(Cartagena, Nicholas) (Entered: 08/19/2020)

Aug. 19, 2020

Aug. 19, 2020

PACER

Notice Regarding Deficient Motion to Appear Pro Hac Vice

Aug. 19, 2020

Aug. 19, 2020

PACER
30

NOTICE OF INITIAL PRETRIAL CONFERENCE: The Court directs counsel for all parties to appear at an Initial Pretrial Conference on September 8, 2020, at 3:30PM. The conference will be held telephonically. To join the conference, dial 888-278-0296 and enter access code 5195844. In advance of the Initial Pretrial Conference, and within 14 days of this Order, counsel must meet face-to-face for at least one hour to discuss the possibility of settlement. Counsel are further directed to submit a Proposed Case Management Plan and Scheduling Order and joint letter, as required by this Courts Individual Rules of Practice. The documents should be filed on ECF and sent to this Court via email (in both PDF and Microsoft Word formats) one week prior to the conference date. Initial Conference set for 9/8/2020 at 03:30 PM before Judge Mary Kay Vyskocil. (Signed by Judge Mary Kay Vyskocil on 8/20/2020) (nb) (Entered: 08/21/2020)

Aug. 20, 2020

Aug. 20, 2020

PACER
31

LETTER MOTION to Adjourn Conference scheduled for September 8, 2020 and Extension for filing the Proposed Case Management Order addressed to Judge Mary Kay Vyskocil from Joshua S. Margolin dated August 28, 2020. Document filed by League of Women Voters of New York State, League of Women Voters of the United States, Carmelina Palmer..(Margolin, Joshua) (Entered: 08/28/2020)

Aug. 28, 2020

Aug. 28, 2020

PACER
32

ORDER granting 31 LETTER MOTION to Adjourn Conference scheduled for September 8, 2020 and Extension for filing the Proposed Case Management Order addressed to Judge Mary Kay Vyskocil from Joshua S. Margolin dated August 28, 2020. Document filed by League of Women Voters of New York State, League of Women Voters of the United States, Carmelina Palmer. The Initial Pretrial Conference is HEREBY ADJOURNED to September 29, 2020, at 12:30 PM. The Parties shall file the Proposed Case Management Plan on or before September 21, 2020. SO ORDERED. (Initial Conference set for 9/29/2020 at 12:30 PM before Judge Mary Kay Vyskocil). (Signed by Judge Mary Kay Vyskocil on 8/28/2020) (rjm) (Entered: 08/28/2020)

Aug. 28, 2020

Aug. 28, 2020

RECAP
33

MOTION for Dana Miriam Paikowsky to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-21432230. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by League of Women Voters of New York State, League of Women Voters of the United States, Carmelina Palmer. (Attachments: # 1 Certificate of Good Standing, # 2 Notarized Affidavit, # 3 Proposed Order for Admission).(Paikowsky, Dana) (Entered: 09/01/2020)

Sept. 1, 2020

Sept. 1, 2020

PACER

>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 33 MOTION for Dana Miriam Paikowsky to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-21432230. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu)

Sept. 1, 2020

Sept. 1, 2020

PACER

Notice Regarding Pro Hac Vice Motion

Sept. 1, 2020

Sept. 1, 2020

PACER
34

ORDER granting 33 Motion for Dana Miriam Paikowsky to Appear Pro Hac Vice (HEREBY ORDERED by Judge Mary Kay Vyskocil)(Text Only Order) (rz) (Entered: 09/02/2020)

Sept. 2, 2020

Sept. 2, 2020

PACER

Order on Motion to Appear Pro Hac Vice

Sept. 2, 2020

Sept. 2, 2020

PACER
35

FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION to Amend/Correct Notice Regarding Deficient Motion to Appear Pro Hac vice,,, . Document filed by League of Women Voters of New York State, League of Women Voters of the United States, Carmelina Palmer. (Attachments: # 1 Certificate of Good Standing, # 2 Certificate of Good Standing, # 3 Certificate of Good Standing, # 4 Notarized Affidavit, # 5 Proposed Order for Admission).(Lang, Danielle) Modified on 9/17/2020 (wb). (Entered: 09/08/2020)

1 Certificate of Good Standing

View on PACER

2 Certificate of Good Standing

View on PACER

3 Certificate of Good Standing

View on PACER

4 Notarized Affidavit

View on PACER

5 Proposed Order for Admission

View on PACER

Sept. 8, 2020

Sept. 8, 2020

PACER

>>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. 35 MOTION to Amend/Correct Notice Regarding Deficient Motion to Appear Pro Hac vice,,, ... The filing is deficient for the following reason(s): the wrong event type was used to file the motion; expired Certificate of Good Standing from New York;. Re-file the motion as a Motion to Appear Pro Hac Vice using the event type Motion to Appear Pro Hac Vice found under the event list Motions - 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.. (wb)

Sept. 17, 2020

Sept. 17, 2020

PACER
36

LETTER addressed to Judge Mary Kay Vyskocil from Joshua Margolin dated September 17, 2020 re: an agreement in this matter with respect to the November 3, 2020 General Election. Document filed by League of Women Voters of New York State, League of Women Voters of the United States, Carmelina Palmer. (Attachments: # 1 Text of Proposed Order).(Margolin, Joshua) (Entered: 09/17/2020)

Sept. 17, 2020

Sept. 17, 2020

Clearinghouse
37

Vacated as per Judge's Order dated 9/18/2020, Doc. #38 STIPULATED CONSENT ORDER: NOW, THEREFORE, it is stipulated and agreed, by and among the parties and hereby ordered by the Court that: Defendant New York State Board of Elections shall issue binding instructions to New York's boards of elections in order to implement verification, notice, and cure provisions and procedures in conformity with Exhibit "A" which is incorporated herein for the November 3, 2020 General Election. This Stipulation embodies the entire agreement of the parties. SO ORDERED. (Signed by Judge Mary Kay Vyskocil on 9/17/2020) (ama) Modified on 9/18/2020 (mro). (Entered: 09/18/2020)

Sept. 17, 2020

Sept. 17, 2020

RECAP

Notice Regarding Deficient Motion to Appear Pro Hac Vice

Sept. 17, 2020

Sept. 17, 2020

PACER
38

ORDER VACATING STIPULATED CONSENT ORDER: Upon further review and consideration, IT IS HEREBY ORDERED that the Stipulated Consent Order dated September 17, 2020 [ECF No. 37], is VACATED. There are no motions pending in this action. Indeed, the parties ask the Court to endorse their private agreement in lieu of litigating a preliminary injunction. This stipulation would thus operate as a consent decree. See In re Masters Mates & Pilots Pension Plan & IRAP Litig., 957 F.2d 1020, 1025 (2d Cir. 1992) ("A consent decree is no more than a settlement that contains an injunction."). The parties are free to agree to their stipulation and it will be enforceable in accordance with governing law. See, e.g., In re Enron Creditors Recovery Corp., No. 09 Civ. 4168 (RJS), 2011 WL 1345254, at *4 (S.D.N.Y. Mar. 31, 2011) ("When parties enter into a stipulation, the agreement is enforceable as a contract." (citations omitted)); N.Y. Bus Tours, Inc. v. Kheel, No. 85 Civ. 4724(RO), 1985 WL 4410, at *1 (S.D.N.Y. Dec. 13, 1985) ("[O]rdinarily an action to enforce a stipulation is a state law contract action."). However, the Court has not been asked to and has not analyzed the issues that might be framed by the complaint or might be framed by motion practice that the stipulation avoids. Accordingly, at this juncture, the Court cannot blindly lend its imprimatur and endorse the contents of the agreement between the parties. See In re Masters Mates, 957 F.2d at 1026 (noting that "where the rights of one who is not a party to a settlement are at stake, the fairness of the settlement to the settling parties is not enough to earn the judicial stamp of approval"). (Signed by Judge Mary Kay Vyskocil on 9/18/2020) (mro) (Entered: 09/18/2020)

Sept. 18, 2020

Sept. 18, 2020

Clearinghouse
39

LETTER MOTION to Adjourn Conference scheduled for September 29, 2020 addressed to Judge Mary Kay Vyskocil from Joshua Margolin dated September 21, 2020. Document filed by League of Women Voters of New York State, League of Women Voters of the United States, Carmelina Palmer..(Margolin, Joshua) (Entered: 09/21/2020)

Sept. 21, 2020

Sept. 21, 2020

PACER
40

ORDER granting 39 Letter Motion to Adjourn Conference. The parties' request to adjourn the pretrial conference is GRANTED. The pretrial conference scheduled for September 29, 2020, is HEREBY ADJOURNED to November 24, 2020, at 11:30 AM. SO ORDERED. Initial Conference set for 11/24/2020 at 11:30 AM before Judge Mary Kay Vyskocil. (Signed by Judge Mary Kay Vyskocil on 9/22/2020) (rj) (Entered: 09/22/2020)

Sept. 22, 2020

Sept. 22, 2020

RECAP
41

LETTER MOTION to Adjourn Conference currently scheduled for November 24, 2020 at 11:30 am addressed to Judge Mary Kay Vyskocil from Joshua Margolin dated November 13, 2020. Document filed by League of Women Voters of New York State, League of Women Voters of the United States, Carmelina Palmer..(Margolin, Joshua) (Entered: 11/13/2020)

Nov. 13, 2020

Nov. 13, 2020

PACER
42

ORDER granting 41 Letter Motion to Adjourn Conference. The parties' request to adjourn the Initial Pretrial Conference scheduled for November 24, 2020, at 11:30 AM is GRANTED. The Initial Pretrial Conference is adjourned to January 26, 2021, at 1:00 PM. The parties shall file the joint letter and proposed Case Management Plan on or before January 19, 2021. Initial Conference set for 1/26/2021 at 01:00 PM before Judge Mary Kay Vyskocil. (Signed by Judge Mary Kay Vyskocil on 11/16/2020) (mro) (Entered: 11/16/2020)

Nov. 16, 2020

Nov. 16, 2020

RECAP
43

LETTER MOTION to Adjourn Conference currently scheduled for January 26, 2021 at 1:00pm to March 30, 2021 addressed to Judge Mary Kay Vyskocil from Joshua Margolin dated January 15, 2021. Document filed by League of Women Voters of New York State, League of Women Voters of the United States, Carmelina Palmer..(Margolin, Joshua) (Entered: 01/15/2021)

Jan. 15, 2021

Jan. 15, 2021

PACER
44

ORDER: granting 43 Letter Motion to Adjourn Conference. The Initial Pretrial Conference scheduled for January 26, 2021, at 1:00 p.m. is adjourned to March 16, 2021, at 11:00 a.m. The parties shall file their joint letter and Propose Case Management Plan on or before March 9, 2021. SO ORDERED. Initial Conference set for 3/16/2021 at 11:00 AM before Judge Mary Kay Vyskocil. (Signed by Judge Mary Kay Vyskocil on 1/19/2021) (ama) (Entered: 01/20/2021)

Jan. 19, 2021

Jan. 19, 2021

RECAP
45

LETTER MOTION to Adjourn Conference and Extend Time for Filing the Proposed Case Management Order addressed to Judge Mary Kay Vyskocil from Joshua S. Margolin dated March 9, 2021. Document filed by League of Women Voters of New York State, League of Women Voters of the United States, Carmelina Palmer..(Margolin, Joshua) (Entered: 03/09/2021)

March 9, 2021

March 9, 2021

PACER
46

ORDER granting 45 Letter Motion to Adjourn Conference.GRANTED. The Initial Pretrial Conference scheduled for March 16, 2021, at 11:00 AM is adjourned to May 18, 2021, at 11:00 AM. The parties shall file their joint letter and a Proposed Case Management Plan and Scheduling Order on or before May 11, 2021. So Ordered. Initial Conference set for 5/18/2021 at 11:00 AM before Judge Mary Kay Vyskocil. (Signed by Judge Mary Kay Vyskocil on 3/9/2021) (js) (Entered: 03/09/2021)

March 9, 2021

March 9, 2021

RECAP
47

LETTER MOTION to Adjourn Conference scheduled for May 18, 2021 at 11:00 a.m. addressed to Judge Mary Kay Vyskocil from Joshua S. Margolin dated May 11, 2021. Document filed by League of Women Voters of New York State, League of Women Voters of the United States, Carmelina Palmer..(Margolin, Joshua) (Entered: 05/11/2021)

May 11, 2021

May 11, 2021

PACER
48

ORDER granting 47 Letter Motion to Adjourn Conference. The parties' request for an adjournment is GRANTED. The Initial Pretrial Conference scheduled for May 18, 2021, at 11:00 AM is adjourned to July 6, 2021, at 1:00 PM. The parties shall submit their joint letter and proposed Case Management Plan and Scheduling Order on or before June 29, 2021. SO ORDERED. (Initial Conference set for 7/6/2021 at 01:00 PM before Judge Mary Kay Vyskocil.). (Signed by Judge Mary Kay Vyskocil on 5/13/2021) (rro) (Entered: 05/13/2021)

May 13, 2021

May 13, 2021

RECAP
49

STIPULATION OF VOLUNTARY DISMISSAL It is hereby stipulated and agreed by and between the parties and/or their respective counsel(s) that the above-captioned action is voluntarily dismissed, without prejudice against the defendant(s) Robert A. Brehm, Douglas A. Kellner, Peter S. Kosinski, Andrew J. Spano, Todd D. Valentine and without costs pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure. Document filed by League of Women Voters of the United States, Carmelina Palmer, League of Women Voters of New York State. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers)...(Margolin, Joshua) (Entered: 06/09/2021)

June 9, 2021

June 9, 2021

RECAP

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 8, 2020

Closing Date: June 9, 2021

Case Ongoing: No

Plaintiffs

Plaintiff Description:

League of Women Voters of the United States, League of Women Voters of New York, and an individual voter

Plaintiff Type(s):

Private Plaintiff

Non-profit NON-religious organization

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Executive Directors of the New York State Board of Elections, State

Commissioners of the New York State Board of Elections, State

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

Declaratory Judgment Act, 28 U.S.C. § 2201

Constitutional Clause(s):

Due Process

Due Process: Procedural Due Process

Due Process: Substantive Due Process

Equal Protection

Available Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Private Settlement Agreement

Issues

Voting:

Voting: General & Misc.

Election administration