Case: Yang v. Kellner

1:20-cv-03325 | U.S. District Court for the Southern District of New York

Filed Date: April 28, 2020

Case Ongoing

Clearinghouse coding in progress

Case Summary

NOTE: This case is being tracked in close to real time by the Stanford/MIT Healthy Elections Project. So for information, see their tracker. According to their summary as of 09/06/2020, Former presidential candidate Andrew Yang and certain pledged delegates sue New York State Board of Elections for canceling the presidential primary. The legal claims are: (1) undue burden on and denial of the right to vote under the 1st and 14th Amendments, (2) denial of procedural due process under the 14th A…

NOTE: This case is being tracked in close to real time by the Stanford/MIT Healthy Elections Project. So for information, see their tracker.

According to their summary as of 09/06/2020,

Former presidential candidate Andrew Yang and certain pledged delegates sue New York State Board of Elections for canceling the presidential primary. The legal claims are: (1) undue burden on and denial of the right to vote under the 1st and 14th Amendments, (2) denial of procedural due process under the 14th Amendment, (3) denial of procedural due process under New York Constitution Article II, (4) request for declaratory judgment of defendants’ lack of authority to act under 28 U.S.C. 2201, 2202. The Court granted the preliminary injunction, ordering defendants to reinstate onto the Democratic primary ballot those presidential and delegate candidates who were duly qualified as of April 26, 2020 and to hold the primary election on June 23, 2020. The Second Circuit affirmed.

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/17108127/parties/yang-v-new-york-state-board-of-elections/


Judge(s)

Cabranes, José Alberto (Connecticut)

Jacobs, Dennis G. (New York)

Kearse, Amalya Lyle (New York)

Torres, Analisa Nadine (New York)

Attorneys(s) for Plaintiff

Kohen, Leonard M. (New York)

Kurzon, Jeffrey M. (New York)

Attorneys(s) for Defendant

Clark, Jennifer L. (New York)

Conrad, Matthew L. (New York)

James, Letitia (New York)

Kellner, Douglas A. (New York)

Judge(s)

Cabranes, José Alberto (Connecticut)

Jacobs, Dennis G. (New York)

Kearse, Amalya Lyle (New York)

Torres, Analisa Nadine (New York)

Attorneys(s) for Plaintiff

Kohen, Leonard M. (New York)

Kurzon, Jeffrey M. (New York)

Attorneys(s) for Defendant

Clark, Jennifer L. (New York)

Conrad, Matthew L. (New York)

James, Letitia (New York)

Kellner, Douglas A. (New York)

Underwood, Barbara D. (New York)

Vale, Judith Naomi (New York)

Wu, Steven C. (New York)

Other Attorney(s)

Cohen, Elena L (New York)

Garvey, Foster (New York)

Green, J Remy (New York)

Green [inactive], Remy (New York)

Hackett, Walter H. (California)

Rickner, Robert H. (New York)

Schwartz, Arthur Z. (New York)

Seymour, Malcolm III (New York)

Wallace, Jonathan (New York)

West, David R. (New York)

Young, Ezra (New York)

Documents in the Clearinghouse

Document

Docket [PACER]

Yang v. New York State Board of Elections

Sept. 1, 2020 Docket
1

Emergency Complaint Seeking Relief Under FRCP 65(B)

Yang v. New York State Board of Elections

April 28, 2020 Complaint
43

Opinion and Order

458 F.Supp.3d 199

May 5, 2020 Order/Opinion

Summary Order

Yang v. Bellanca

U. S. Court of Appeals for the Second Circuit

805 Fed.Appx. 63

May 19, 2020 Order/Opinion

Resources

Title Description External URL

Yang v. Kellner

Stanford-MIT Healthy Elections Project

Former presidential candidate Andrew Yang and certain pledged delegates sue New York State Board of Elections for canceling the presidential primary. The legal claims are: (1) undue burden on and den… Sept. 6, 2020 https://healthyelections-case-tracker.stanford.edu/detail?id=91

Docket

See docket on RECAP: https://www.courtlistener.com/docket/17108127/yang-v-new-york-state-board-of-elections/

Last updated May 11, 2022, 8 p.m.

ECF Number Description Date Link
1

COMPLAINT against New York State Board of Elections. (Filing Fee $ 400.00, Receipt Number ANYSDC-19619547)Document filed by Shlomo Small, Jonathan Herzog, Alison Hwang, Dr. Roger Green, Andrew Yang, Kristen Medeiros, Hellen Suh, Brian Vogel. (Attachments: # 1 Exhibit Exhibit A - Yang Aff., # 2 Exhibit Exhibit B - Herzog Aff., # 3 Exhibit Exhibit C - Suh Aff., # 4 Exhibit Exhibit D - Vogel Aff., # 5 Exhibit Exhibit E - Small Aff., # 6 Exhibit Exhibit F - Hwang Aff., # 7 Exhibit Exhibit G - Medeiros Aff., # 8 Exhibit Exhibit H - Dr. Green Aff., # 9 Exhibit Attorney Affidavit, # 10 Civil Cover Sheet Cover Sheet, # 11 Text of Proposed Order Order to Show Cause).(Kurzon, Jeffrey) (Entered: 04/28/2020)

1 Exhibit Exhibit A - Yang Aff.

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2 Exhibit Exhibit B - Herzog Aff.

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3 Exhibit Exhibit C - Suh Aff.

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4 Exhibit Exhibit D - Vogel Aff.

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5 Exhibit Exhibit E - Small Aff.

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6 Exhibit Exhibit F - Hwang Aff.

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7 Exhibit Exhibit G - Medeiros Aff.

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8 Exhibit Exhibit H - Dr. Green Aff.

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9 Exhibit Attorney Affidavit

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10 Civil Cover Sheet Cover Sheet

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11 Text of Proposed Order Order to Show Cause

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April 28, 2020 RECAP

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..(pne)

April 29, 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)

April 29, 2020 PACER

Case Designated ECF. (pne)

April 29, 2020 PACER

***NOTICE TO ATTORNEY TO RE-FILE CIVIL COVER SHEET. Notice to Attorney Jeffrey Mead Kurzon. Attorney must re-file the Civil Cover Sheet using the event type Civil Cover Sheet found under the event list Other Documents. (pne)

April 29, 2020 PACER

***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Jeffrey Mead Kurzon re: Document No. 1 Complaint,,. The filing is deficient for the following reason(s): all of the parties listed on the pleading were not entered on CM ECF; Shlomo Small, Jonathan Herzog, Alison Hwang, Dr. Roger Green, Andrew Yang, Kristen Medeiros, Hellen Suh, and Brian Vogel must each be added to the case a second time, with party text " on behalf of all others similarly situated". Docket the event type Add Party to Pleading found under the event list Complaints and Other Initiating Documents. **DO NOT USE GOOGLE CHROME OR SAFARI BROWSERS** (pne)

April 29, 2020 PACER
2

CIVIL COVER SHEET filed..(Kurzon, Jeffrey) (Entered: 04/29/2020)

April 29, 2020 RECAP

ADD PARTY FOR PLEADING. Plaintiffs/Petitioners Andrew Yang, on behalf of all others similarly situated, Brian Vogel, on behalf of all others similarly situated, Dr. Roger Green, on behalf of all others similarly situated, Shlomo Small, on behalf of all others similarly situated, Jonathan Herzog, on behalf of all others similarly situated, Kristen Medeiros, on behalf of all others similarly situated, Hellen Suh, on behalf of all others similarly situated, Alison Hwang, on behalf of all others similarly situated added. Party added pursuant to 1 Complaint,,.Document filed by Andrew Yang, on behalf of all others similarly situated, Brian Vogel, on behalf of all others similarly situated, Dr. Roger Green, on behalf of all others similarly situated, Shlomo Small, on behalf of all others similarly situated, Jonathan Herzog, on behalf of all others similarly situated, Kristen Medeiros, on behalf of all others similarly situated, Hellen Suh, on behalf of all others similarly situated, Alison Hwang, on behalf of all others similarly situated. Related document: 1 Complaint,,..(Kurzon, Jeffrey)

April 29, 2020 PACER
3

ORDER: On April 29, 2020, Plaintiffs filed an application seeking emergency relief under Rule 65 of the Federal Rules of Civil Procedure. ECF No. 1. It is hereby ORDERED that: 1. Plaintiffs shall file a memorandum of law in support of their application by May 4, 2020; 2. Defendant shall file a response by May 8, 2020; and 3. The parties shall appear for a telephonic hearing on Plaintiffs' application on May 12, 2020, at 1:00 p.m. The parties are directed to call either (888) 398-2342 or (215) 861-0674, and enter access code 5598827. The parties shall email their appearance information to Torres_NYSDChambers@nysd.uscourts.gov by May 11, 2020, at 5:00 p.m. It is further ORDERED that by 12:00 p.m. on April 30, 2020, Plaintiffs shall serve a copy of the complaint, supporting documents, and this order on Defendant, and shall file proof of service on the docket. Service may be effected by reliable electronic means. ( Telephone Conference set for 5/12/2020 at 01:00 PM before Judge Analisa Torres.) (Signed by Judge Analisa Torres on 4/29/2020) (cf) (Entered: 04/29/2020)

April 29, 2020 RECAP

Set/Reset Deadlines: Service due by 4/30/2020. (cf)

April 29, 2020 PACER
4

LETTER MOTION for Oral Argument schedule modification addressed to Judge Analisa Torres from Douglas A. Kellner, Co-Chair New York State Board of Elections dated April 29, 2020. Document filed by DOUGLAS A New York State Board of Elections..(Kellner, Douglas) (Entered: 04/29/2020)

April 29, 2020 RECAP
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ORDER granting 4 Letter Motion for Oral Argument. It is ORDERED that the Court's scheduling order, ECF No. 3, is AMENDED as follows: 1. Plaintiffs shall file a memorandum of law in support of their application seeking emergency relief by April 30, 2020; 2. Defendant shall file a response by May 1, 2020; and 3. The parties shall appear for a telephonic hearing on Plaintiffs' application on May 4, 2020, at 2:00 p.m. The parties are directed to call either (888) 398-2342 or (215) 861-0674, and enter access code 5598827. The parties shall email their appearance information to Torres_NYSDChambers@nysd.uscomts.gov by May 4, 2020, at 9:00 a.m. (Signed by Judge Analisa Torres on 4/29/2020) (cf) (Entered: 04/29/2020)

April 29, 2020 RECAP

Set/Reset Deadlines:, Set/Reset Hearings:( Telephone Conference set for 5/4/2020 at 02:00 PM before Judge Analisa Torres.) (cf)

April 29, 2020 PACER
6

AFFIDAVIT OF SERVICE. New York State Board of Elections served on 4/29/2020, answer due 5/20/2020; DOUGLAS A New York State Board of Elections served on 4/29/2020, answer due 5/20/2020. Service was made by email. Document filed by Alison Hwang; Andrew Yang; Shlomo Small; Brian Vogel, on behalf of all others similarly situated; Jonathan Herzog; Dr. Roger Green; Alison Hwang, on behalf of all others similarly situated; Dr. Roger Green, on behalf of all others similarly situated; Kristen Medeiros, on behalf of all others similarly situated; Kristen Medeiros; Hellen Suh; Hellen Suh, on behalf of all others similarly situated; Jonathan Herzog, on behalf of all others similarly situated; Andrew Yang, on behalf of all others similarly situated; Shlomo Small, on behalf of all others similarly situated; Brian Vogel..(Kurzon, Jeffrey) (Entered: 04/29/2020)

April 29, 2020 RECAP
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FILING ERROR - DEFICIENT PLEADING - FILED AGAINST PARTY ERROR - FIRST AMENDED COMPLAINT amending 1 Complaint,, against New York State Board of Elections, DOUGLAS A New York State Board of Elections.Document filed by Alison Hwang, Andrew Yang, Shlomo Small, Brian Vogel, on behalf of all others similarly situated, Jonathan Herzog, Dr. Roger Green, Alison Hwang, on behalf of all others similarly situated, Dr. Roger Green, on behalf of all others similarly situated, Kristen Medeiros, on behalf of all others similarly situated, Kristen Medeiros, Hellen Suh, Hellen Suh, on behalf of all others similarly situated, Jonathan Herzog, on behalf of all others similarly situated, Andrew Yang, on behalf of all others similarly situated, Shlomo Small, on behalf of all others similarly situated, Brian Vogel. Related document: 1 Complaint,,. (Attachments: # 1 Exhibit Ex. A - Andrew Yang, # 2 Exhibit Ex. B - Jonathan Herzog, # 3 Exhibit Ex C. - Hellen Suh, # 4 Exhibit Ex D. - Brian Vogel, # 5 Exhibit Ex E. - Shlomo Small, # 6 Exhibit Ex F. - Alison Hwang, # 7 Exhibit Ex G. - Kristen Medeiros, # 8 Exhibit Ex. H - Dr. Roger Green, # 9 Exhibit Ex I - Hadassah Mativetsky, # 10 Exhibit Ex J - Eli Smith, # 11 Exhibit Ex K - Nechama Gluck, # 12 Exhibit Ex L - Malcolm Seymour).(Kurzon, Jeffrey) Modified on 5/1/2020 (jgo). (Entered: 04/30/2020)

1 Exhibit Ex. A - Andrew Yang

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2 Exhibit Ex. B - Jonathan Herzog

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3 Exhibit Ex C. - Hellen Suh

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4 Exhibit Ex D. - Brian Vogel

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5 Exhibit Ex E. - Shlomo Small

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6 Exhibit Ex F. - Alison Hwang

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7 Exhibit Ex G. - Kristen Medeiros

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8 Exhibit Ex. H - Dr. Roger Green

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9 Exhibit Ex I - Hadassah Mativetsky

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10 Exhibit Ex J - Eli Smith

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11 Exhibit Ex K - Nechama Gluck

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12 Exhibit Ex L - Malcolm Seymour

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April 30, 2020 RECAP

Order on Motion for Leave to File Document

April 30, 2020 PACER
8

AFFIDAVIT OF SERVICE of Summons and Amended Complaint,,,,,. New York State Board of Elections served on 4/30/2020, answer due 5/21/2020; DOUGLAS A New York State Board of Elections served on 4/30/2020, answer due 5/21/2020. Document filed by Alison Hwang; Andrew Yang; Shlomo Small; Brian Vogel, on behalf of all others similarly situated; Jonathan Herzog; Dr. Roger Green; Alison Hwang, on behalf of all others similarly situated; Dr. Roger Green, on behalf of all others similarly situated; Kristen Medeiros, on behalf of all others similarly situated; Kristen Medeiros; Hellen Suh; Hellen Suh, on behalf of all others similarly situated; Jonathan Herzog, on behalf of all others similarly situated; Andrew Yang, on behalf of all others similarly situated; Shlomo Small, on behalf of all others similarly situated; Brian Vogel..(Kurzon, Jeffrey) (Entered: 04/30/2020)

April 30, 2020 RECAP
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ORDER: On April 29, 2020, the Court directed Plaintiffs to submit a memorandum of law in support of their application seeking emergency relief by April 30, 2020, and Defendant to respond by May 1, 2020. ECF No. 5. It is ORDERED that the parties' briefs shall address the question of the Court's subject matter jurisdiction, including the effect, if any, of the Eleventh Amendment to the United States Constitution. See Murawski v. NY. State Bd. of Elections, 285 F. Supp. 3d 691, 695-96 (S.D.N.Y. 2018); Tiraco v. NY. State Bd. of Elections, 963 F. Supp. 2d 184, 192- 93 (E.D.N.Y. 2013). (Signed by Judge Analisa Torres on 4/30/2020) (cf) (Entered: 04/30/2020)

April 30, 2020 RECAP
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LETTER MOTION for Leave to File Second Amended Complaint addressed to Judge Analisa Torres from Jeffrey M. Kurzon dated April 30, 2020. Document filed by Dr. Roger Green, Dr. Roger Green, on behalf of all others similarly situated, Jonathan Herzog, Jonathan Herzog, on behalf of all others similarly situated, Alison Hwang, Alison Hwang, on behalf of all others similarly situated, Kristen Medeiros, Kristen Medeiros, on behalf of all others similarly situated, Shlomo Small, Shlomo Small, on behalf of all others similarly situated, Hellen Suh, Hellen Suh, on behalf of all others similarly situated, Brian Vogel, Brian Vogel, on behalf of all others similarly situated, Andrew Yang, Andrew Yang, on behalf of all others similarly situated. Return Date set for 5/1/2020 at 11:59 PM..(Kurzon, Jeffrey) (Entered: 04/30/2020)

April 30, 2020 RECAP
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ORDER granting in part and denying in part 10 Letter Motion for Leave to File Document. Under Rule 15 of the Federal Rules of Civil Procedure, "[t]he court should freely give leave when justice so requires." Finding no "apparent or declared reason--such as undue delay, bad faith or dilatory motive on the part of the movant, repeated failure to cure deficiencies by amendments previously allowed, undue prejudice to the opposing party by virtue of allowance of the amendment, futility of amendment, etc." to deny the request, Foman v. Davis, 371 U.S. 178, 182 (1962), Plaintiffs' motion for leave to amend their complaint is GRANTED. Accordingly, by 12:00 p.m. on May 1, 2020, Plaintiffs shall file their second amended complaint. It is further ORDERED that by 1:00 p.m. on May 1, 2020, Plaintiffs shall serve the second amended complaint and all papers in support of their motion for emergency relief upon Defendants by reliable electronic means, and file proof of service on the docket. (HEREBY ORDERED by Judge Analisa Torres)(Text Only Order) (jw) (Entered: 04/30/2020)

April 30, 2020 PACER
12

LETTER MOTION for Extension of Time on the Court's Scheduled Hearing addressed to Judge Analisa Torres from Counsel for Proposed Plaintiff-Intervenors dated 04/30/2020., LETTER MOTION for Extension of Time to File Merits Briefing addressed to Judge Analisa Torres from Counsel for Proposed Plaintiff-Intervenors dated 04/30/2020. Document filed by Penny Mintz. (Attachments: # 1 Errata Appearance of Counsel).(Green, Remy) (Entered: 04/30/2020)

1 Errata Appearance of Counsel

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April 30, 2020 RECAP
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NOTICE OF APPEARANCE by Arthur Z Schwartz on behalf of George Albro..(Schwartz, Arthur) (Entered: 04/30/2020)

April 30, 2020 RECAP
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ORDER with respect to 12 Letter Motion for Extension of Time; with respect to 12 Letter Motion for Extension of Time to File: On April 30, 2020, a group of putative intervenors in this action submitted a letter stating their intent to file a motion to intervene, and requesting that the Court "readjust" the briefing schedule already set for the parties. ECF No. 12.Any motion to intervene and supporting memorandum shall be filed by May 1, 2020, and must comply with Rule 24(c) of the Federal Rules of Civil Procedure. Any memorandum of law that proposed intervenors wish to file with respect to Plaintiffs' motion for emergency relief must also be filed by May 1, 2020. The current briefing schedule for the parties and hearing date, as set forth at ECF No. 5, shall remain the same, except that by 5:00 p.m. on May 2, 2020, Plaintiffs and Defendant may each file a reply not to exceed 10 pages. (HEREBY ORDERED by Judge Analisa Torres)(Text Only Order) (AH) (Entered: 04/30/2020)

April 30, 2020 PACER
15

FIRST BRIEF of law pursant to J. Torres Order ECF Dkt 5. Document filed by Dr. Roger Green, Dr. Roger Green, on behalf of all others similarly situated, Jonathan Herzog, Jonathan Herzog, on behalf of all others similarly situated, Alison Hwang, Alison Hwang, on behalf of all others similarly situated, Kristen Medeiros, Kristen Medeiros, on behalf of all others similarly situated, Penny Mintz, Shlomo Small, Shlomo Small, on behalf of all others similarly situated, Hellen Suh, Hellen Suh, on behalf of all others similarly situated, Brian Vogel, Brian Vogel, on behalf of all others similarly situated, Andrew Yang, Andrew Yang, on behalf of all others similarly situated. (Attachments: # 1 Exhibit Professor Pascale Letter - Example of Public Support).(Kurzon, Jeffrey) (Entered: 04/30/2020)

1 Exhibit Professor Pascale Letter - Example of Public Support

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April 30, 2020 RECAP
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FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - COMPLAINT against New York State Board of Elections, DOUGLAS A New York State Board of Elections, Douglas A. Kellner, Co-Chair and Commissioner, individually and in his official capacities at the NYS BOE, Andrew Spano, Commissioner, individually and in his official capacities at the NYS BOE, Peter S. Kosinski, Co-Chair and Commissoner, individually and in his official capacities at the NYS BOE, Todd A. Valentine, Co-Executive Director, individually and in his official capacities at the NYS BOE, Robert A. Brehm, Co-Executive Director, individually and in his official capacities at the NYS BOE. (Filing Fee $ 400.00, Receipt Number ANYSDC-19670478)Document filed by Alison Hwang, Andrew Yang, Shlomo Small, Brian Vogel, on behalf of all others similarly situated, Jonathan Herzog, Dr. Roger Green, Alison Hwang, on behalf of all others similarly situated, Dr. Roger Green, on behalf of all others similarly situated, Kristen Medeiros, on behalf of all others similarly situated, Kristen Medeiros, Hellen Suh, Hellen Suh, on behalf of all others similarly situated, Jonathan Herzog, on behalf of all others similarly situated, Andrew Yang, on behalf of all others similarly situated, Shlomo Small, on behalf of all others similarly situated, Brian Vogel. (Attachments: # 1 Exhibit Ex. A - Yang Aff., # 2 Exhibit Ex. B - Herzog Aff., # 3 Exhibit Ex. C - Suh Aff., # 4 Exhibit Ex. D - Vogel Aff., # 5 Exhibit Ex. E - Small Aff., # 6 Exhibit Ex. F - Hwang Aff., # 7 Exhibit Ex G - Medeiros Aff., # 8 Exhibit Ex H - Dr. Green Aff., # 9 Exhibit Ex I - Mativetsky Aff., # 10 Exhibit Ex J - Smith Aff, # 11 Exhibit Ex K - Gluck Aff., # 12 Exhibit Ex L - Seymour letter).(Kurzon, Jeffrey) Modified on 5/1/2020 (jgo). (Entered: 05/01/2020)

1 Exhibit Ex. A - Yang Aff.

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2 Exhibit Ex. B - Herzog Aff.

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3 Exhibit Ex. C - Suh Aff.

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4 Exhibit Ex. D - Vogel Aff.

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5 Exhibit Ex. E - Small Aff.

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6 Exhibit Ex. F - Hwang Aff.

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7 Exhibit Ex G - Medeiros Aff.

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8 Exhibit Ex H - Dr. Green Aff.

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9 Exhibit Ex I - Mativetsky Aff.

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10 Exhibit Ex J - Smith Aff

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11 Exhibit Ex K - Gluck Aff.

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12 Exhibit Ex L - Seymour letter

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May 1, 2020 RECAP

Order on Motion for Extension of Time to File

May 1, 2020 PACER

Order on Motion for Extension of Time

May 1, 2020 PACER

Order

May 1, 2020 PACER
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AFFIDAVIT OF SERVICE of Summons and Complaint,,,,,,. Alison Hwang served on 5/1/2020, answer due 5/22/2020; Penny Mintz served on 5/1/2020, answer due 5/22/2020; George Albro served on 5/1/2020, answer due 5/22/2020; Robert A. Brehm, Co-Executive Director, individually and in his official capacities at the NYS BOE served on 5/1/2020, answer due 5/22/2020; Douglas A. Kellner, Co-Chair and Commissioner, individually and in his official capacities at the NYS BOE served on 5/1/2020, answer due 5/22/2020; Peter S. Kosinski, Co-Chair and Commissoner, individually and in his official capacities at the NYS BOE served on 5/1/2020, answer due 5/22/2020; New York State Board of Elections served on 5/1/2020, answer due 5/22/2020; DOUGLAS A New York State Board of Elections served on 5/1/2020, answer due 5/22/2020; Andrew Spano, Commissioner, individually and in his official capacities at the NYS BOE served on 5/1/2020, answer due 5/22/2020; Todd A. Valentine, Co-Executive Director, individually and in his official capacities at the NYS BOE served on 5/1/2020, answer due 5/22/2020. Document filed by Alison Hwang; Andrew Yang; Penny Mintz; Shlomo Small; Brian Vogel, on behalf of all others similarly situated; Jonathan Herzog; Dr. Roger Green; Alison Hwang, on behalf of all others similarly situated; Dr. Roger Green, on behalf of all others similarly situated; Kristen Medeiros, on behalf of all others similarly situated; Kristen Medeiros; Hellen Suh; Hellen Suh, on behalf of all others similarly situated; Andrew Yang, on behalf of all others similarly situated; Jonathan Herzog, on behalf of all others similarly situated; Shlomo Small, on behalf of all others similarly situated; Brian Vogel..(Kurzon, Jeffrey) (Entered: 05/01/2020)

May 1, 2020 RECAP

***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Jeffrey Mead Kurzon to RE-FILE Document No. 7 Amended Complaint. The filing is deficient for the following reason(s): the wrong party/parties whom the pleading is against were selected. Only select the parties listed on the pleading caption. Re-file the pleading using the event type Amended 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)

May 1, 2020 PACER

***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Jeffrey Mead Kurzon to RE-FILE Document No. 16 Complaint,,,,,,,. The filing is deficient for the following reason(s): the wrong event type was used to file the pleading; the First Amended Complaint deficiency must be cured before the Second Amended Complaint is accepted by the Court; if pleading is filed after the due date, Court leave must be granted. Re-file the pleading using the event type Second Amended 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)

May 1, 2020 PACER
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FIRST AMENDED COMPLAINT amending 7 Amended Complaint,,,,, 1 Complaint,, against New York State Board of Elections.Document filed by Alison Hwang, Andrew Yang, Shlomo Small, Brian Vogel, on behalf of all others similarly situated, Jonathan Herzog, Dr. Roger Green, Alison Hwang, on behalf of all others similarly situated, Dr. Roger Green, on behalf of all others similarly situated, Kristen Medeiros, on behalf of all others similarly situated, Kristen Medeiros, Hellen Suh, Hellen Suh, on behalf of all others similarly situated, Jonathan Herzog, on behalf of all others similarly situated, Andrew Yang, on behalf of all others similarly situated, Shlomo Small, on behalf of all others similarly situated, Brian Vogel. Related document: 7 Amended Complaint,,,,, 1 Complaint,,. (Attachments: # 1 Exhibit Exhibit A - Yang Aff., # 2 Exhibit Exhibit B - Herzog Aff., # 3 Exhibit Exhibit C - Suh Aff., # 4 Exhibit Exhibit D - Vogel Aff., # 5 Exhibit Exhibit E - Small Aff., # 6 Exhibit Exhibit F - Hwang Aff., # 7 Exhibit Exhibit G - Medeiros Aff, # 8 Exhibit Exhibit H - Dr. Green Aff., # 9 Exhibit Exhibit I - Mativestsky Aff, # 10 Exhibit Exhibit J - Smith Aff, # 11 Exhibit Exhibit K - Gluck Aff, # 12 Exhibit Exhibit L - Seymour Aff).(Kurzon, Jeffrey) (Entered: 05/01/2020)

1 Exhibit Exhibit A - Yang Aff.

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2 Exhibit Exhibit B - Herzog Aff.

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3 Exhibit Exhibit C - Suh Aff.

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4 Exhibit Exhibit D - Vogel Aff.

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5 Exhibit Exhibit E - Small Aff.

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6 Exhibit Exhibit F - Hwang Aff.

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7 Exhibit Exhibit G - Medeiros Aff

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8 Exhibit Exhibit H - Dr. Green Aff.

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9 Exhibit Exhibit I - Mativestsky Aff

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10 Exhibit Exhibit J - Smith Aff

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11 Exhibit Exhibit K - Gluck Aff

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12 Exhibit Exhibit L - Seymour Aff

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May 1, 2020 RECAP
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ORDER: Due to docketing deficiencies with Plaintiffs' second amended complaint, ECF No. 16, Plaintiffs' deadline to file a second amended complaint is EXTENDED to 8:00 p.m., on May 1, 2020, only for the purposes of curing the docketing deficiencies of the previously filed document. It is further ORDERED that Plaintiffs shall serve the second amended complaint and all papers in support of their motion for emergency relief upon Defendants by reliable electronic means, and file proof of service on the docket. (HEREBY ORDERED by Judge Analisa Torres) (Text Only Order) (JT) (Entered: 05/01/2020)

May 1, 2020 PACER
20

SECOND AMENDED COMPLAINT amending 16 Complaint,,,,,,, 18 Amended Complaint,,,,, 1 Complaint,, against Robert A. Brehm, Co-Executive Director, individually and in his official capacities at the NYS BOE, Douglas A. Kellner, Co-Chair and Commissioner, individually and in his official capacities at the NYS BOE, Peter S. Kosinski, Co-Chair and Commissoner, individually and in his official capacities at the NYS BOE, New York State Board of Elections, Andrew Spano, Commissioner, individually and in his official capacities at the NYS BOE, Todd A. Valentine, Co-Executive Director, individually and in his official capacities at the NYS BOE.Document filed by Alison Hwang, Andrew Yang, Shlomo Small, Brian Vogel, on behalf of all others similarly situated, Jonathan Herzog, Dr. Roger Green, Alison Hwang, on behalf of all others similarly situated, Dr. Roger Green, on behalf of all others similarly situated, Kristen Medeiros, on behalf of all others similarly situated, Kristen Medeiros, Hellen Suh, Hellen Suh, on behalf of all others similarly situated, Jonathan Herzog, on behalf of all others similarly situated, Andrew Yang, on behalf of all others similarly situated, Shlomo Small, on behalf of all others similarly situated, Brian Vogel. Related document: 16 Complaint,,,,,,, 18 Amended Complaint,,,,, 1 Complaint,,. (Attachments: # 1 Exhibit Ex. A - Yang Aff., # 2 Exhibit Ex B - Herzog Aff., # 3 Exhibit Ex C - Suh Aff., # 4 Exhibit Ex D - Vogel Aff., # 5 Exhibit Ex E - Small Aff., # 6 Exhibit Ex F - Hwang Aff., # 7 Exhibit Ex G - Medeiros Aff., # 8 Exhibit Ex H - Dr. Green Aff., # 9 Exhibit Ex I - Mativetsky Aff., # 10 Exhibit Ex J - Smith Aff., # 11 Exhibit Ex K - Gluck Aff., # 12 Exhibit Ex L - Seymour Letter).(Kurzon, Jeffrey) (Entered: 05/01/2020)

1 Exhibit Ex. A - Yang Aff.

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2 Exhibit Ex B - Herzog Aff.

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3 Exhibit Ex C - Suh Aff.

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4 Exhibit Ex D - Vogel Aff.

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5 Exhibit Ex E - Small Aff.

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6 Exhibit Ex F - Hwang Aff.

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7 Exhibit Ex G - Medeiros Aff.

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8 Exhibit Ex H - Dr. Green Aff.

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9 Exhibit Ex I - Mativetsky Aff.

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10 Exhibit Ex J - Smith Aff.

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11 Exhibit Ex K - Gluck Aff.

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12 Exhibit Ex L - Seymour Letter

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May 1, 2020 RECAP
21

AFFIDAVIT OF SERVICE of Summons and Amended Complaint,,,,, Complaint,,,,,,, Amended Complaint,,,,,,, Complaint,, Amended Complaint,,,,,. Robert A. Brehm, Co-Executive Director, individually and in his official capacities at the NYS BOE served on 5/1/2020, answer due 5/22/2020; Douglas A. Kellner, Co-Chair and Commissioner, individually and in his official capacities at the NYS BOE served on 5/1/2020, answer due 5/22/2020; Peter S. Kosinski, Co-Chair and Commissoner, individually and in his official capacities at the NYS BOE served on 5/1/2020, answer due 5/22/2020; New York State Board of Elections served on 5/1/2020, answer due 5/22/2020; Andrew Spano, Commissioner, individually and in his official capacities at the NYS BOE served on 5/1/2020, answer due 5/22/2020; Todd A. Valentine, Co-Executive Director, individually and in his official capacities at the NYS BOE served on 5/1/2020, answer due 5/22/2020. Document filed by Alison Hwang; Andrew Yang; Shlomo Small; Brian Vogel, on behalf of all others similarly situated; Jonathan Herzog; Dr. Roger Green; Alison Hwang, on behalf of all others similarly situated; Dr. Roger Green, on behalf of all others similarly situated; Kristen Medeiros, on behalf of all others similarly situated; Kristen Medeiros; Hellen Suh; Hellen Suh, on behalf of all others similarly situated; Jonathan Herzog, on behalf of all others similarly situated; Andrew Yang, on behalf of all others similarly situated; Shlomo Small, on behalf of all others similarly situated; Brian Vogel..(Kurzon, Jeffrey) (Entered: 05/01/2020)

May 1, 2020 RECAP
22

NOTICE OF APPEARANCE by Arthur Z Schwartz on behalf of George Albro, Penny Mintz, Jay Bellanca, Traci Strickland, Emily Adams, Nestor Medina, Simran Nanda, Kathryn Levy, Joshua Sauberman, Cari Gardner, Stephen Carpineta, Nancy DeDelva, Ting Barrow..(Schwartz, Arthur) (Entered: 05/01/2020)

May 1, 2020 RECAP
23

NOTICE OF APPEARANCE by Elena Louisa Cohen on behalf of Emily Adams, George Albro, Ting Barrow, Jay Bellanca, Stephen Carpineta, Nancy DeDelva, Cari Gardner, Kathryn Levy, Nestor Medina, Simran Nanda, Joshua Sauberman, Traci Strickland..(Cohen, Elena) (Entered: 05/01/2020)

May 1, 2020 RECAP
24

NOTICE OF APPEARANCE by Matthew Lawrence Conrad on behalf of Robert A. Brehm, Co-Executive Director, individually and in his official capacities at the NYS BOE, Douglas A. Kellner, Co-Chair and Commissioner, individually and in his official capacities at the NYS BOE, Peter S. Kosinski, Co-Chair and Commissoner, individually and in his official capacities at the NYS BOE, New York State Board of Elections, Andrew Spano, Commissioner, individually and in his official capacities at the NYS BOE, Todd A. Valentine, Co-Executive Director, individually and in his official capacities at the NYS BOE..(Conrad, Matthew) (Entered: 05/01/2020)

May 1, 2020 RECAP
25

FILING ERROR - DEFICIENT PLEADING - FILED AGAINST PARTY ERROR - INTERVENOR COMPLAINT against Robert A. Brehm, Co-Executive Director, individually and in his official capacities at the NYS BOE, Douglas A. Kellner, Co-Chair and Commissioner, individually and in his official capacities at the NYS BOE, Peter S. Kosinski, Co-Chair and Commissoner, individually and in his official capacities at the NYS BOE, New York State Board of Elections, DOUGLAS A New York State Board of Elections, Andrew Spano, Commissioner, individually and in his official capacities at the NYS BOE, Todd A. Valentine, Co-Executive Director, individually and in his official capacities at the NYS BOE.Document filed by Nestor Medina, Simran Nanda, Cari Gardner, Penny Mintz, Traci Strickland, Joshua Sauberman, Nancy DeDelva, George Albro, Kathryn Levy, Jay Bellanca, Stephen Carpineta, Ting Barrow, Emily Adams..(Schwartz, Arthur) Modified on 5/4/2020 (pc). (Entered: 05/01/2020)

May 1, 2020 RECAP
26

BRIEF re: 15 Brief,,, in Opposition to Plaintiffs' Request for Emergency Relief. Document filed by Robert A. Brehm, Co-Executive Director, individually and in his official capacities at the NYS BOE, Douglas A. Kellner, Co-Chair and Commissioner, individually and in his official capacities at the NYS BOE, Peter S. Kosinski, Co-Chair and Commissoner, individually and in his official capacities at the NYS BOE, New York State Board of Elections, Andrew Spano, Commissioner, individually and in his official capacities at the NYS BOE, Todd A. Valentine, Co-Executive Director, individually and in his official capacities at the NYS BOE..(Conrad, Matthew) (Entered: 05/01/2020)

May 1, 2020 RECAP
27

DECLARATION of Robert A. Brehm in Opposition re: 4 LETTER MOTION for Oral Argument schedule modification addressed to Judge Analisa Torres from Douglas A. Kellner, Co-Chair New York State Board of Elections dated April 29, 2020.. Document filed by Robert A. Brehm, Co-Executive Director, individually and in his official capacities at the NYS BOE, Douglas A. Kellner, Co-Chair and Commissioner, individually and in his official capacities at the NYS BOE, Peter S. Kosinski, Co-Chair and Commissoner, individually and in his official capacities at the NYS BOE, New York State Board of Elections, Andrew Spano, Commissioner, individually and in his official capacities at the NYS BOE, Todd A. Valentine, Co-Executive Director, individually and in his official capacities at the NYS BOE. (Attachments: # 1 Exhibit Exhibit A, # 2 Exhibit Exhibit B, # 3 Exhibit Exhibit C, # 4 Exhibit Exhibit D, # 5 Exhibit Exhibit E, # 6 Exhibit Exhibit F, # 7 Exhibit Exhibit G).(Conrad, Matthew) (Entered: 05/01/2020)

1 Exhibit Exhibit A

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2 Exhibit Exhibit B

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3 Exhibit Exhibit C

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4 Exhibit Exhibit D

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5 Exhibit Exhibit E

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6 Exhibit Exhibit F

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7 Exhibit Exhibit G

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May 1, 2020 RECAP
28

NOTICE OF APPEARANCE by Remy Green on behalf of Emily Adams, George Albro, Ting Barrow, Jay Bellanca, Stephen Carpineta, Nancy DeDelva, Cari Gardner, Kathryn Levy, Nestor Medina, Penny Mintz, Simran Nanda, Joshua Sauberman, Traci Strickland..(Green, Remy) (Entered: 05/01/2020)

May 1, 2020 RECAP
29

FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - MOTION to Intervene . Document filed by Emily Adams, George Albro, Ting Barrow, Jay Bellanca, Stephen Carpineta, Nancy DeDelva, Cari Gardner, Kathryn Levy, Nestor Medina, Penny Mintz, Simran Nanda, Joshua Sauberman, Traci Strickland. (Attachments: # 1 Memo of Law in Support, # 2 Complaint in Intervention, # 3 Exhibit B to the Complaint).(Green, Remy) Modified on 6/24/2020 (db). (Entered: 05/01/2020)

1 Memo of Law in Support

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2 Complaint in Intervention

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3 Exhibit B to the Complaint

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May 1, 2020 RECAP
30

MOTION for Preliminary Injunction and Brief in Support of Plaintiffs' Motion. Document filed by Emily Adams, George Albro, Ting Barrow, Jay Bellanca, Stephen Carpineta, Nancy DeDelva, Cari Gardner, Kathryn Levy, Nestor Medina, Penny Mintz, Simran Nanda, Joshua Sauberman, Traci Strickland. (Attachments: # 1 Memo in Support).(Green, Remy) (Entered: 05/02/2020)

1 Memo in Support

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May 2, 2020 RECAP
31

LETTER MOTION for Leave to File ECF Nos. 30; 30-1 nunc pro tunc, and for leave to file protected document publicly addressed to Judge Analisa Torres from Counsel for Proposed Plaintiff-Intervenors dated 05/02/2020. Document filed by Emily Adams, George Albro, Ting Barrow, Jay Bellanca, Stephen Carpineta, Nancy DeDelva, Cari Gardner, Kathryn Levy, Nestor Medina, Penny Mintz, Simran Nanda, Joshua Sauberman, Traci Strickland..(Green, Remy) (Entered: 05/02/2020)

May 2, 2020 RECAP
32

AMENDED MEMORANDUM OF LAW in Support re: 30 MOTION for Preliminary Injunction and Brief in Support of Plaintiffs' Motion. CORRECTED FROM ECF No. 30-1. Document filed by Emily Adams, George Albro, Ting Barrow, Jay Bellanca, Stephen Carpineta, Nancy DeDelva, Cari Gardner, Kathryn Levy, Nestor Medina, Penny Mintz, Simran Nanda, Joshua Sauberman, Traci Strickland..(Green, Remy) (Entered: 05/02/2020)

May 2, 2020 RECAP
33

MEMORANDUM OF LAW in Opposition re: 29 MOTION to Intervene ., 30 MOTION for Preliminary Injunction and Brief in Support of Plaintiffs' Motion. . Document filed by Robert A. Brehm, Co-Executive Director, individually and in his official capacities at the NYS BOE, Douglas A. Kellner, Co-Chair and Commissioner, individually and in his official capacities at the NYS BOE, Peter S. Kosinski, Co-Chair and Commissoner, individually and in his official capacities at the NYS BOE, New York State Board of Elections, DOUGLAS A New York State Board of Elections, Andrew Spano, Commissioner, individually and in his official capacities at the NYS BOE, Todd A. Valentine, Co-Executive Director, individually and in his official capacities at the NYS BOE..(Conrad, Matthew) (Entered: 05/02/2020)

May 2, 2020 RECAP
34

EX PARTE MOTION for Walter H. Hackett, III to Appear Pro Hac Vice in the present matter. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Dr. Roger Green, Dr. Roger Green, on behalf of all others similarly situated, Jonathan Herzog, Jonathan Herzog, on behalf of all others similarly situated, Alison Hwang, Alison Hwang, on behalf of all others similarly situated, Kristen Medeiros, Kristen Medeiros, on behalf of all others similarly situated, Shlomo Small, Hellen Suh, Hellen Suh, on behalf of all others similarly situated, Brian Vogel, Brian Vogel, on behalf of all others similarly situated, Andrew Yang, Andrew Yang, on behalf of all others similarly situated. (Attachments: # 1 Affidavit Application of Walter H. Hackett, III for pro hac vice admission).(Kurzon, Jeffrey) (Entered: 05/03/2020)

May 3, 2020 PACER
35

AFFIRMATION of Arthur Z Schwartz (by letter) in Support re: 30 MOTION for Preliminary Injunction and Brief in Support of Plaintiffs' Motion.. Document filed by Emily Adams, George Albro, Ting Barrow, Jay Bellanca, Stephen Carpineta, Nancy DeDelva, Cari Gardner, Kathryn Levy, Nestor Medina, Penny Mintz, Simran Nanda, Joshua Sauberman, Traci Strickland. (Attachments: # 1 Exhibit Exhibit A - NYS Democratic Party Delegate Selection Plan).(Schwartz, Arthur) (Entered: 05/03/2020)

1 Exhibit Exhibit A - NYS Democratic Party Delegate Selection Plan

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May 3, 2020 RECAP
36

NOTICE OF APPEARANCE by Jonathan Wallace on behalf of Emily Adams, George Albro, Ting Barrow, Jay Bellanca, Stephen Carpineta, Nancy DeDelva, Cari Gardner, Kathryn Levy, Nestor Medina, Penny Mintz, Simran Nanda, Joshua Sauberman, Traci Strickland..(Wallace, Jonathan) (Entered: 05/03/2020)

May 3, 2020 RECAP
37

COMPLAINT against Douglas A. Kellner, Co-Chair and Commissioner, individually and in his official capacities at the NYS BOE, New York State Board of Elections, Andrew Spano, Commissioner, individually and in his official capacities at the NYS BOE, Andrew Cuomo. (Filing Fee $ 400.00, Receipt Number ANYSDC-19690132)Document filed by Nestor Medina, Simran Nanda, Cari Gardner, Penny Mintz, Traci Strickland, Joshua Sauberman, Nancy DeDelva, George Albro, Kathryn Levy, Jay Bellanca, Stephen Carpineta, Ting Barrow, Emily Adams. (Attachments: # 1 Exhibit Exhibit A - NYS Democratic Party Delegate Selection Plan, # 2 Exhibit Exhibit B - Absentee Ballot Mailed out in March).(Schwartz, Arthur) (Entered: 05/03/2020)

1 Exhibit Exhibit A - NYS Democratic Party Delegate Selection Plan

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2 Exhibit Exhibit B - Absentee Ballot Mailed out in March

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May 3, 2020 RECAP
38

ORDER granting 29 Motion to Intervene. For the reasons stated above, the motion to intervene under Rule 24(b) of the Federal Rules of Civil Procedure is GRANTED. Plaintiff-Intervenors shall appear at the telephonic hearing on the pending motion for emergency relief scheduled for May 4, 2020, at 2:00 p.m., which may be accessed by calling either (888) 398-2342 or (215) 861-0674, and entering access code 5598827. By 9:00 a.m. on May 4, 2020, Plaintiff-Intervenors shall email appearance information to chambers, at Torres_NYSDChambers@nysd.uscourts.gov. The Clerk of Court is directed to terminate the motion at ECF No. 29, and to amend the caption as styled above. (As further set forth in this Order.) (Signed by Judge Analisa Torres on 5/3/2020) (cf) (Entered: 05/04/2020)

May 3, 2020 RECAP

Set/Reset Hearings: Telephone Conference set for 5/4/2020 at 02:00 PM before Judge Analisa Torres. (cf)

May 3, 2020 PACER

Notice Regarding Deficient Motion to Appear Pro Hac Vice

May 4, 2020 PACER

Order

May 4, 2020 PACER

>>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE re: Document No. 34 EX PARTE MOTION for Walter H. Hackett, III to Appear Pro Hac Vice in the present matter. 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 Supreme Court California; missing Proposed Order and affidavit not included; the filing fee was not paid;. 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. Pay the filing fee using the event Pro Hac Vice Fee Payment found under the event list Other Documents. (laq)

May 4, 2020 PACER

Pro Hac Vice Fee Due: for 34 EX PARTE MOTION for Walter H. Hackett, III to Appear Pro Hac Vice in the present matter. Motion and supporting papers to be reviewed by Clerk's Office staff.. (laq)

May 4, 2020 PACER
39

ORDER: "[O]ral arguments relating to a motion for [substantive relief] fall into the category of civil proceedings to which there is a First Amendment presumption of access." Lugosch v. Pyramid Co. of Onondaga, 435 F.3d 110, 124 (2d Cir. 2006). Accordingly, the hearing scheduled for May 4, 2020, at 2:00 p.m. is open for public attendance. Members of the public may access the hearing by calling either (888) 398-2342 or (215) 861-0674, and entering access code 5598827. However, any attendees are required to mute their phone lines for the duration of the conference, and recording is not permitted. (HEREBY ORDERED by Judge Analisa Torres) (Text Only Order) (AH) (Entered: 05/04/2020)

May 4, 2020 PACER
40

NOTICE OF APPEARANCE by Leonard Moshe Kohen on behalf of Dr. Roger Green, Dr. Roger Green, on behalf of all others similarly situated, Jonathan Herzog, Jonathan Herzog, on behalf of all others similarly situated, Alison Hwang, Alison Hwang, on behalf of all others similarly situated, Kristen Medeiros, Kristen Medeiros, on behalf of all others similarly situated, Shlomo Small, Shlomo Small, on behalf of all others similarly situated, Hellen Suh, Hellen Suh, on behalf of all others similarly situated, Brian Vogel, Brian Vogel, on behalf of all others similarly situated, Andrew Yang, Andrew Yang, on behalf of all others similarly situated..(Kohen, Leonard) (Entered: 05/04/2020)

May 4, 2020 RECAP

***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Arthur Z Schwartz to RE-FILE re: Document No. 25 Intervenor Complaint,,,. The filing is deficient for the following reason(s): all of the parties listed on the pleading were not entered on CM ECF; the wrong party/parties whom the pleading is against were selected; Intervenor Defendants are not listed on the caption title or on CM ECF. 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 Intervenor 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. (pc)

May 4, 2020 PACER

Minute Entry for proceedings held before Judge Analisa Torres: Oral Argument on the applications for a preliminary injunction, ECF Nos. 1, 20, and 30, held on 5/4/2020. (JT)

May 4, 2020 PACER
41

FILING ERROR - DEFICIENT PLEADING - PDF ERROR - INTERVENOR COMPLAINT against Andrew Cuomo, Kellner Douglas, Andrew Spano, Douglas Kellner, NY State Board of Elections.Document filed by Nestor Medina, Simran Nanda, Cari Gardner, Penny Mintz, Joshua Sauberman, Nancy DeDelva, George Albro, Kathryn Levy, Jay Bellanca, Stephen Carpineta, Ting Barrow, Emily Adams. (Attachments: # 1 Exhibit Exhibit A - NYS Democratic Party Delegate Selection Plan, # 2 Exhibit Exhibit B - Absentee Ballot Mailed out in March).(Schwartz, Arthur) Modified on 5/5/2020 (pc). (Entered: 05/04/2020)

1 Exhibit Exhibit A - NYS Democratic Party Delegate Selection Plan

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2 Exhibit Exhibit B - Absentee Ballot Mailed out in March

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May 4, 2020 RECAP

***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Arthur Z Schwartz to RE-FILE Document No. 41 Intervenor Complaint,,. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the pleading is not correct; Intervenor Defendants are not listed on the caption title. Re-file the pleading using the event type Intervenor 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. (pc)

May 5, 2020 PACER
42

INTERVENOR COMPLAINT against Douglas A. Kellner, New York State Board of Elections, Andrew Spano, Andrew Cuomo.Document filed by Nestor Medina, Simran Nanda, Cari Gardner, Penny Mintz, Traci Strickland, Joshua Sauberman, Nancy DeDelva, George Albro, Kathryn Levy, Jay Bellanca, Stephen Carpineta, Ting Barrow, Emily Adams. (Attachments: # 1 Exhibit A - NYS Democratic Committee 2020 Delegate Selection Plan, # 2 Exhibit B - 2020 Presidential Primary Absentee Ballot).(Schwartz, Arthur) Modified on 5/6/2020 (pc). (Entered: 05/05/2020)

1 Exhibit A - NYS Democratic Committee 2020 Delegate Selection Plan

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2 Exhibit B - 2020 Presidential Primary Absentee Ballot

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May 5, 2020 RECAP
43

OPINION AND ORDER: For the reasons stated in this opinion, the preliminary injunction is GRANTED to the extent that Kellner, Spano, Kosinski, Valentine, and Brehm, in their official capacities, are ORDERED to reinstate to the Democratic primary ballot those presidential and delegate candidates who were duly qualified as of April 26, 2020, and to hold the primary election on June 23, 2020. The Clerk of Court is directed to terminate the motions at ECF Nos. 12, 30, and 31. SO ORDERED. (Signed by Judge Analisa Torres on 5/5/2020) (jca) (Entered: 05/05/2020)

May 5, 2020 RECAP

Notice to Attorney Regarding Party Modification

May 6, 2020 PACER

***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Arthur Z Schwartz. The party information for the following party/parties has been modified: Governor Andrew Cuomo, Kellner Douglas, Andrew Spano, NY State Board of Elections. The information for the party/parties has been modified for the following reason/reasons: party name contained a typographical error; party role was entered incorrectly; party text was omitted;. (pc)

May 6, 2020 PACER

Appeal Record Sent to USCA - Electronic File

May 6, 2020 PACER

Transmission of Notice of Appeal and Docket Sheet to USCA

May 6, 2020 PACER

Appeal Fee Due

May 6, 2020 PACER
44

NOTICE OF INTERLOCUTORY APPEAL from 43 Memorandum & Opinion,,. Document filed by Robert A. Brehm, Co-Executive Director, individually and in his official capacities at the NYS BOE, Douglas A. Kellner, Douglas A. Kellner, Co-Chair and Commissioner, individually and in his official capacities at the NYS BOE, Peter S. Kosinski, Co-Chair and Commissoner, individually and in his official capacities at the NYS BOE, New York State Board of Elections, New York State Board of Elections, Andrew Spano, Andrew Spano, Commissioner, individually and in his official capacities at the NYS BOE, Todd A. Valentine, Co-Executive Director, individually and in his official capacities at the NYS BOE. Form C and Form D are due within 14 days to the Court of Appeals, Second Circuit..(Conrad, Matthew) (Entered: 05/06/2020)

May 6, 2020 RECAP

Appeal Fee Due: for 44 Notice of Interlocutory Appeal. Appeal fee due by 5/20/2020. (tp)

May 6, 2020 PACER

Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: 44 Notice of Interlocutory Appeal. (tp)

May 6, 2020 PACER

Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files for 44 Notice of Interlocutory Appeal, filed by Robert A. Brehm, Co-Executive Director, individually and in his official capacities at the NYS BOE, Andrew Spano, Commissioner, individually and in his official capacities at the NYS BOE, Andrew Spano, Todd A. Valentine, Co-Executive Director, individually and in his official capacities at the NYS BOE, Douglas A. Kellner, Co-Chair and Commissioner, individually and in his official capacities at the NYS BOE, Douglas A. Kellner, New York State Board of Elections, Peter S. Kosinski, Co-Chair and Commissoner, individually and in his official capacities at the NYS BOE were transmitted to the U.S. Court of Appeals..(tp)

May 6, 2020 PACER

Appeal Fee Payment

May 7, 2020 PACER

USCA Case Number

May 7, 2020 PACER

Appeal Fee Payment: for 44 Notice of Interlocutory Appeal,,,. Filing fee $ 505.00, receipt number ANYSDC-19744239..(Conrad, Matthew)

May 7, 2020 PACER

USCA Case Number 20-1494 from the USCA 2nd Circ. assigned to 44 Notice of Interlocutory Appeal,,, filed by Robert A. Brehm, Co-Executive Director, individually and in his official capacities at the NYS BOE, Andrew Spano, Commissioner, individually and in his official capacities at the NYS BOE, Andrew Spano, Todd A. Valentine, Co-Executive Director, individually and in his official capacities at the NYS BOE, Douglas A. Kellner, Co-Chair and Commissioner, individually and in his official capacities at the NYS BOE, Douglas A. Kellner, New York State Board of Elections, Peter S. Kosinski, Co-Chair and Commissoner, individually and in his official capacities at the NYS BOE..(nd)

May 7, 2020 PACER
45

TRANSCRIPT of Proceedings re: CONFERENCE held on 5/4/2020 before Judge Analisa Torres. Court Reporter/Transcriber: Kristen Carannante, (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 6/2/2020. Redacted Transcript Deadline set for 6/12/2020. Release of Transcript Restriction set for 8/10/2020..(McGuirk, Kelly) (Entered: 05/12/2020)

May 12, 2020 PACER
46

NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 5/4/2020 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: 05/12/2020)

May 12, 2020 PACER
47

MANDATE of USCA (Certified Copy) as to 44 Notice of Interlocutory Appeal,,, filed by Robert A. Brehm, Co-Executive Director, individually and in his official capacities at the NYS BOE, Andrew Spano, Commissioner, individually and in his official capacities at the NYS BOE, Andrew Spano, Todd A. Valentine, Co-Executive Director, individually and in his official capacities at the NYS BOE, Douglas A. Kellner, Co-Chair and Commissioner, individually and in his official capacities at the NYS BOE, Douglas A. Kellner, New York State Board of Elections, Peter S. Kosinski, Co-Chair and Commissoner, individually and in his official capacities at the NYS BOE. USCA Case Number 20-1494-cv. UPON DUE CONSIDERATION, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the May 5, 2020 order of the District Court granting the application for preliminary injunction be and hereby is AFFIRMED. An opinion of the Court explaining its reasoning in further detail will follow. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 05/19/2020..(nd) (Entered: 05/19/2020)

May 19, 2020 RECAP

Transmission of USCA Mandate/Order to District Judge

May 19, 2020 PACER

Transmission of USCA Mandate to the District Judge re: 47 USCA Mandate,,,,..(nd)

May 19, 2020 PACER
48

CONSENT LETTER MOTION for Extension of Time to File Answer addressed to Judge Analisa Torres from Matthew L. Conrad dated May 21, 2020. Document filed by Robert A. Brehm, Co-Executive Director, individually and in his official capacities at the NYS BOE, Andrew Cuomo(as Governor of the State of New York), Andrew Cuomo(As Governor of the State of New York), Douglas A. Kellner, Douglas A. Kellner, Co-Chair and Commissioner, individually and in his official capacities at the NYS BOE, Peter S. Kosinski, Co-Chair and Commissoner, individually and in his official capacities at the NYS BOE, NY State Board of Elections, New York State Board of Elections, New York State Board of Elections, Andrew Spano, Andrew Spano, Commissioner, individually and in his official capacities at the NYS BOE, Todd A. Valentine, Co-Executive Director, individually and in his official capacities at the NYS BOE..(Conrad, Matthew) (Entered: 05/21/2020)

May 21, 2020 PACER
49

ORDER granting 48 Letter Motion for Extension of Time to Answer. GRANTED. By June 22, 2020, Defendants shall answer or otherwise respond to Plaintiffs and Plaintiff-Intervenors' complaint. Robert A. Brehm, Co-Executive Director, individually and in his official capacities at the NYS BOE answer due 6/22/2020; Andrew Cuomo(as Governor of the State of New York) answer due 6/22/2020; Andrew Cuomo(As Governor of the State of New York) answer due 6/22/2020; Douglas A. Kellner, Co-Chair and Commissioner, individually and in his official capacities at the NYS BOE answer due 6/22/2020; Peter S. Kosinski, Co-Chair and Commissoner, individually and in his official capacities at the NYS BOE answer due 6/22/2020; New York State Board of Elections answer due 6/22/2020; Andrew Spano, Commissioner, individually and in his official capacities at the NYS BOE answer due 6/22/2020; Todd A. Valentine, Co-Executive Director, individually and in his official capacities at the NYS BOE answer due 6/22/2020. (Signed by Judge Analisa Torres on 5/21/2020) (cf) (Entered: 05/21/2020)

May 21, 2020 PACER
50

CONSENT LETTER MOTION for Extension of Time to File Answer addressed to Judge Analisa Torres from Matthew L. Conrad dated June 17, 2020. Document filed by Robert A. Brehm, Co-Executive Director, individually and in his official capacities at the NYS BOE, Andrew Cuomo(as Governor of the State of New York), Andrew Cuomo(As Governor of the State of New York), Douglas A. Kellner, Douglas A. Kellner, Co-Chair and Commissioner, individually and in his official capacities at the NYS BOE, Peter S. Kosinski, Co-Chair and Commissoner, individually and in his official capacities at the NYS BOE, New York State Board of Elections, New York State Board of Elections, Andrew Spano, Andrew Spano, Commissioner, individually and in his official capacities at the NYS BOE, Todd A. Valentine, Co-Executive Director, individually and in his official capacities at the NYS BOE..(Conrad, Matthew) (Entered: 06/17/2020)

June 17, 2020 RECAP
51

ORDER granting 50 Letter Motion for Extension of Time to Answer re 20 Amended Complaint,. GRANTED. By July 22, 2020, Defendants shall answer or otherwise respond to Plaintiffs and Plaintiff-Intervenors' complaint. SO ORDERED. Robert A. Brehm, Co-Executive Director, individually and in his official capacities at the NYS BOE answer due 7/22/2020; Andrew Cuomo(as Governor of the State of New York) answer due 7/22/2020; Andrew Cuomo(As Governor of the State of New York) answer due 7/22/2020; Douglas A. Kellner, Co-Chair and Commissioner, individually and in his official capacities at the NYS BOE answer due 7/22/2020; Peter S. Kosinski, Co-Chair and Commissoner, individually and in his official capacities at the NYS BOE answer due 7/22/2020; New York State Board of Elections answer due 7/22/2020; Andrew Spano, Commissioner, individually and in his official capacities at the NYS BOE answer due 7/22/2020; Todd A. Valentine, Co-Executive Director, individually and in his official capacities at the NYS BOE answer due 7/22/2020. (Signed by Judge Analisa Torres on 6/18/2020) (kv) (Entered: 06/18/2020)

June 18, 2020 PACER
52

Costs Taxed as to 47 USCA Mandate, USCA Case Number 20-1494-cv, in the amount of $230.60 on 7/13/2020 in favor of Intervenor-Plaintiffs-Appellees Jay Bellanca, Traci Strickland, Emily Adams, Nestor Medina, Simran Nanda, Kathryn Levy, Joshua Sauberman, Cari Gardner, Stephen Carpineta, Nancy DeDelva, Ting Barrow, Penny Mintz, George Albro, against Peter S. Kosinski, Co-Chair and Commissioner, individually and in his official capacities at the NYS BOE, Todd D. Valentine, Co-Executive Director, individually and in his official capacities at the NYS BOE, Robert A. Brehm, Co-Executive Director, individually and in his official capacities at the NYS BOE, and also in the amount of $225.80 on 7/13/2020 in favor of Plaintiffs-Appellees Andrew Yang, individually and on behalf of all others similarly situated, Jonathan Herzog, individually and on behalf of all others similarly situated, Hellen Suh, individually and on behalf of all others similarly situated, Brian Vogel, individually and on behalf of all others similarly situated, Shlomo Small, individually and on behalf of all others similarly situated, Alison Hwang, individually and on behalf of all others similarly situated, Kristen Medeiros, individually and on behalf of all others similarly situated, Roger Green, individually and on behalf of all others similarly situated, against Peter S. Kosinski, Co-Chair and Commissioner, individually and in his official capacities at the NYS BOE, Todd D. Valentine, Co-Executive Director, individually and in his official capacities at the NYS BOE, Robert A. Brehm, Co-Executive Director, individually and in his official capacities at the NYS BOE. (tp) (Entered: 07/13/2020)

July 13, 2020 PACER
53

CONSENT LETTER MOTION for Extension of Time to File Answer addressed to Judge Analisa Torres from Matthew L. Conrad dated July 20, 2020. Document filed by Robert A. Brehm, Co-Executive Director, individually and in his official capacities at the NYS BOE, Andrew Cuomo(as Governor of the State of New York), Andrew Cuomo(As Governor of the State of New York), Douglas A. Kellner, Douglas A. Kellner, Co-Chair and Commissioner, individually and in his official capacities at the NYS BOE, Peter S. Kosinski, Co-Chair and Commissoner, individually and in his official capacities at the NYS BOE, New York State Board of Elections, New York State Board of Elections, Andrew Spano, Andrew Spano, Commissioner, individually and in his official capacities at the NYS BOE, Todd A. Valentine, Co-Executive Director, individually and in his official capacities at the NYS BOE..(Conrad, Matthew) (Entered: 07/20/2020)

July 20, 2020 PACER
54

ORDER: granting 53 Letter Motion for Extension of Time to Answer. GRANTED. By August 21, 2020, Defendants shall answer or otherwise respond to the complaint. SO ORDERED. Robert A. Brehm, Co-Executive Director, individually and in his official capacities at the NYS BOE answer due 8/21/2020; Douglas A. Kellner, Co-Chair and Commissioner, individually and in his official capacities at the NYS BOE answer due 8/21/2020; Peter S. Kosinski, Co-Chair and Commissoner, individually and in his official capacities at the NYS BOE answer due 8/21/2020; New York State Board of Elections answer due 8/21/2020; Andrew Spano, Commissioner, individually and in his official capacities at the NYS BOE answer due 8/21/2020; Todd A. Valentine, Co-Executive Director, individually and in his official capacities at the NYS BOE answer due 8/21/2020. (Signed by Judge Analisa Torres on 7/20/2020) (ama) (Entered: 07/20/2020)

July 20, 2020 PACER

***NOTICE TO ATTORNEY REGARDING DEFICIENT CIVIL COVER SHEET. Notice to attorney Remy Green to RE-FILE Document No. 2 Civil Cover Sheet. The filing is deficient for the following reason(s): the PDF case caption does not exactly match pleading caption. If all of the party names do not fit, use leading party name followed by 'et al'; Courthouse Assignment code was not selected;. Re-file the document using the event type Civil Cover Sheet found under the event list Other Documents and attach the correct PDF. Use civil cover sheet issued by S.D.N.Y. dated June 2017. The S.D.N.Y. Civil Cover Sheet dated June 2017 is located athttp://nysd.uscourts.gov/file/forms/civil-cover-sheet.. (jgo)

Aug. 18, 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)

Aug. 18, 2020 PACER

CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Unassigned. .(jgo)

Aug. 18, 2020 PACER

Case Designated ECF. (jgo)

Aug. 18, 2020 PACER

CASE REFERRED TO Judge Analisa Torres as possibly related to 20-cv-5504. (jgo)

Aug. 18, 2020 PACER

CASE DECLINED AS NOT RELATED. Case referred as related to 20-cv-5504 and declined by Judge Analisa Torres and returned to wheel for assignment. (wb)

Aug. 18, 2020 PACER

NOTICE OF CASE REASSIGNMENT to Judge Victor Marrero. Judge Unassigned is no longer assigned to the case..(wb)

Aug. 18, 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. (wb)

Aug. 18, 2020 PACER
55

CONSENT LETTER MOTION for Extension of Time to File Answer addressed to Judge Analisa Torres from Matthew L. Conrad dated August 20, 2020. Document filed by Robert A. Brehm, Co-Executive Director, individually and in his official capacities at the NYS BOE, Andrew Cuomo(as Governor of the State of New York), Andrew Cuomo(As Governor of the State of New York), Douglas A. Kellner, Douglas A. Kellner, Co-Chair and Commissioner, individually and in his official capacities at the NYS BOE, Peter S. Kosinski, Co-Chair and Commissoner, individually and in his official capacities at the NYS BOE, New York State Board of Elections, New York State Board of Elections, Andrew Spano, Andrew Spano, Commissioner, individually and in his official capacities at the NYS BOE, Todd A. Valentine, Co-Executive Director, individually and in his official capacities at the NYS BOE..(Conrad, Matthew) (Entered: 08/20/2020)

Aug. 20, 2020 PACER
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ORDER granting 55 Letter Motion for Extension of Time to Answer re 20 Amended Complaint. GRANTED. By September 4, 2020, Defendants shall answer or otherwise respond to the complaint. SO ORDERED. (Signed by Judge Analisa Torres on 8/21/2020) (kv) Modified on 8/28/2020 (kv). (Entered: 08/21/2020)

Aug. 21, 2020 PACER

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: April 28, 2020

Case Ongoing: Yes