Case: Smilowitz v. The Sullivan County Board of Elections

1:15-cv-01757 | U.S. District Court for the Southern District of New York

Filed Date: March 9, 2015

Closed Date: Feb. 1, 2016

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Case Summary

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Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4523066/smilowitz-v-the-sullivan-county-board-of-elections/

Last updated June 25, 2022, 2:02 p.m.

ECF Number Description Date Link Date / Link

Summons Issued

March 9, 2015

March 9, 2015

PACER

Case Referred as Possibly Related/Similar

March 9, 2015

March 9, 2015

PACER

Case Designated ECF

March 9, 2015

March 9, 2015

PACER
1

COMPLAINT against Rodney Gaebel, Ann Prusinski, The Sullivan County Board of Elections. (Filing Fee $ 350.00, Receipt Number 465401119136)Document filed by Joseph S. Wasserman, Mindy Desser, Samuel Desser, Hendel Greenfield, Shemaya Karpen, Sheindel Stein, Zira G. Desser, Isaac Kohn, Moshe Smilowitz, Feigy Karpen, Berl Karpen, Menachem Goldberg, Rivka Desser, Esther Karpen, Abraham Desser, Esther Goldberg, Hershel Green, Rachel Karpen, Zvi Goldberg, Meir Goldberg, Yaacov M. Sebbag, Pearl Karpen, Lipa Goldstein, Abraham Greenfield, Borech Stein, Aron Karpen, David Friedman.(moh) (Entered: 03/11/2015)

March 9, 2015

March 9, 2015

RECAP
2

STATEMENT OF RELATEDNESS re: that this action be filed as related to 14CV7250. Document filed by Abraham Desser, Mindy Desser, Rivka Desser, Samuel Desser, Zira G. Desser, David Friedman, Esther Goldberg, Meir Goldberg, Menachem Goldberg, Zvi Goldberg, Lipa Goldstein, Hershel Green, Abraham Greenfield, Hendel Greenfield, Aron Karpen, Berl Karpen, Esther Karpen, Feigy Karpen, Pearl Karpen, Rachel Karpen, Shemaya Karpen, Isaac Kohn, Yaacov M. Sebbag, Moshe Smilowitz, Borech Stein, Sheindel Stein, Joseph S. Wasserman.(moh) (Entered: 03/11/2015)

March 9, 2015

March 9, 2015

RECAP
3

CIVIL COVER SHEET filed. (moh) (Entered: 03/11/2015)

March 9, 2015

March 9, 2015

RECAP

Case Accepted as Related

March 13, 2015

March 13, 2015

PACER

Notice of Case Assignment/Reassignment

March 13, 2015

March 13, 2015

PACER

Case Designation

March 13, 2015

March 13, 2015

PACER
4

MOTION for Lily A. North to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-10700745. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Abraham Desser, Mindy Desser, Rivka Desser, Samuel Desser, Zira G. Desser, David Friedman, Esther Goldberg, Meir Goldberg, Menachem Goldberg, Zvi Goldberg, Lipa Goldstein, Hershel Green, Abraham Greenfield, Hendel Greenfield, Aron Karpen, Berl Karpen, Esther Karpen, Feigy Karpen, Pearl Karpen, Rachel Karpen, Shemaya Karpen, Isaac Kohn, Yaacov M. Sebbag, Moshe Smilowitz, Borech Stein, Sheindel Stein, Joseph S. Wasserman. (Attachments: # 1 Good Standing Certificate from the Supreme Court of California, # 2 Text of Proposed Order)(North, Lily) (Entered: 03/13/2015)

March 13, 2015

March 13, 2015

PACER

Notice Regarding Pro Hac Vice Motion

March 16, 2015

March 16, 2015

PACER
5

ORDER: IT IS HEREBY ORDERED that, pursuant to Rule 42 of the Federal Rules of Civil Procedure, the following two related actions are coordinated for pre-trial purposes: Bloomingburg Jewish Education Center v. Village of Bloomingburg, New York, 14-cv-7250, and Smilowitz v. Sullivan County Board of Elections, 15-cv-1757. Motions to dismiss in both actions shall be briefed according to the following schedule: Opening briefs shall be due not later than Friday, April 10, 2015. Opposition briefs shall be due not later than Friday, May 1, 2015. Reply briefs shall be due not later than Friday, May 8, 2015. The parties in both actions shall appear for a joint conference on Friday,April 24, 2015 at 1:30 p.m. (Motions due by 4/10/2015. Responses due by 5/1/2015, Replies due by 5/8/2015.) (Status Conference set for 4/24/2015 at 01:30 PM before Judge Katherine B. Forrest.) (Signed by Judge Katherine B. Forrest on 3/23/2015) (kko) (Entered: 03/23/2015)

March 23, 2015

March 23, 2015

PACER
6

ORDER FOR ADMISSION PRO HAC VICE granting 4 Motion for Lily A. North to Appear Pro Hac Vice. (Signed by Judge Katherine B. Forrest on 3/23/2015) (kko) (Entered: 03/23/2015)

March 23, 2015

March 23, 2015

PACER
7

NOTICE OF APPEARANCE by Clifford Gordon on behalf of Rodney Gaebel, Ann Prusinski, The Sullivan County Board of Elections. (Gordon, Clifford) (Entered: 03/24/2015)

March 24, 2015

March 24, 2015

PACER
8

LETTER MOTION for Extension of Time to Answer or Move to Dismiss addressed to Judge Katherine B. Forrest from Cliff Gordon, Esq. dated 03/24/2015. Document filed by Rodney Gaebel, Ann Prusinski, The Sullivan County Board of Elections.(Gordon, Clifford) (Entered: 03/24/2015)

March 24, 2015

March 24, 2015

PACER
9

ORDER: The Court notes that there are a number of discovery disputes between the parties. While the Court has not yet had an opportunity to discuss its particular procedures with the parties, the Court directs the parties to Rule 2.F of this Court's Individual Rules of Practice in Civil Case (available at http://www.nysd.uscourts.gov/cases/show.php?db=judge_info&id=1111), which governs discovery disputes. The parties shall comply with rule for all future disputes. (Signed by Judge Katherine B. Forrest on 3/25/2015) (lmb) (Entered: 03/25/2015)

March 25, 2015

March 25, 2015

PACER
10

ORDER granting 8 Letter Motion for Extension of Time. Extension as to this defendant granted. The schedule for briefing this defendant's motion to dismiss shall be as follows: Opening: due not later than May 1, 2015. Opposition: due not later than May 22, 2015. Reply: due not later than May 29, 2015. The request for transfer is denied as these matters have been transferred to this Court from White Plains. The reason for the transfer will be addressed at the first conference. These matters shall proceed in Manhattan before the undersigned. Motions due by 5/1/2015. Reply due by 5/29/2015. Responses due by 5/22/2015. (Signed by Judge Katherine B. Forrest on 3/25/2015) (lmb) (Entered: 03/25/2015)

March 25, 2015

March 25, 2015

PACER
11

ORDER: The joint conference scheduled for Friday, April 24, 2015 at 1:30 p.m. is rescheduled to 10:00 a.m. that same day. At that time, the Court will hold oral argument on the pending motions to dismiss. The time allotted for argument shall be split evenly between each of the parties and each of the pending motions. Oral argument will run not later than 12:00 p.m. At least four business days prior to the conference, the parties in both actions shall jointly submit a proposed schedule in accordance with the form available at http://www.nysd.uscourts.gov/judge/ Forrest., ( Oral Argument set for 4/24/2015 at 10:00 AM before Judge Katherine B. Forrest., Status Conference set for 4/24/2015 at 10:00 AM before Judge Katherine B. Forrest.) (Signed by Judge Katherine B. Forrest on 3/31/2015) (lmb) (Entered: 04/01/2015)

March 31, 2015

March 31, 2015

PACER
12

CERTAIN PLAINTIFFS' NOTICE OF WITHDRAWAL PURSUANT TO F.R.C.P. 41(a)(1)(A)(i): Pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, Plaintiffs Aron Karpen, Berl Karpen, Esther Karpen, Feigy Karpen, Pearl Karpen, Rachel Karpen, and Shemaya Karpen (the "Karpens") hereby give notice of their withdrawal from this action as plaintiffs without prejudice. As set forth in the Complaint, the Karpens are Hasidic Jewish voters who are eligible to register to vote in the Village of Bloomingburg and whose votes or voter registrations have been annulled or cancelled, or have been purported to be annulled or cancelled, by Defendants. The Karpens' withdrawal as named plaintiffs shall not prejudice their rights to recover as class members in this action nor the rights or claims of the remaining named Plaintiffs., Esther Karpen (on behalf of themselves and others similarly situated), Feigy Karpen (on behalf of themselves and others similarly situated), Pearl Karpen (on behalf of themselves and others similarly situated), Rachel Karpen (on behalf of themselves and others similarly situated), Shemaya Karpen (on behalf of themselves and others similarly situated), Aron Karpen and Berl Karpen (on behalf of themselves and others similarly situated) terminated. (Signed by Judge Katherine B. Forrest on 3/31/2015) (lmb) Modified on 4/2/2015 (lmb). (Entered: 04/01/2015)

April 1, 2015

April 1, 2015

PACER
13

NOTICE OF APPEARANCE by Marvin Neil Newberg on behalf of Rodney Gaebel, Ann Prusinski, The Sullivan County Board of Elections. (Newberg, Marvin) (Entered: 04/06/2015)

April 6, 2015

April 6, 2015

PACER
14

LETTER addressed to Judge Katherine B. Forrest from Marvin Newberg Esq. dated April 10, 2015 re: Joinder with Bloomingburg Jewish Education Center case 1:14-cv-07250. Document filed by Rodney Gaebel, Ann Prusinski, The Sullivan County Board of Elections.(Newberg, Marvin) (Entered: 04/10/2015)

April 10, 2015

April 10, 2015

PACER
15

MEMO ENDORSEMENT on re: 14 Letter, filed by Ann Prusinski, The Sullivan County Board of Elections, Rodney Gaebel. ENDORSEMENT: These cases (both) were transferred to me as part of a routine review and redistribution of work between the two S.D.N.Y. courthouses. As sometimes occurs, cases are sent from one courthouse to another in that process. These two cases were randomly chosen along with 80 others. (Thus, there was nothing unique to these cases which caused the transfer intra-district). I have both cases. I will handle both cases to conclusion. If, when we meet, and all parties discuss the discovery to occur -- the witnesses, documents, etc. do not overlap at all -- that will be very relevant to future coordination. Please note, the cases have not been "joined" -- they are not "consolidated". They are only, at this point - "coordinated". (Signed by Judge Katherine B. Forrest on 4/14/2015) (lmb) (Entered: 04/14/2015)

April 14, 2015

April 14, 2015

PACER
16

LETTER addressed to Judge Katherine B. Forrest from Steven A. Engel dated April 20, 2015 re: Proposed Scheduling Order. Document filed by Abraham Desser, Mindy Desser, Rivka Desser, Samuel Desser, Zira G. Desser, David Friedman, Esther Goldberg, Meir Goldberg, Menachem Goldberg, Zvi Goldberg, Lipa Goldstein, Hershel Green, Abraham Greenfield, Hendel Greenfield, Isaac Kohn, Yaacov M. Sebbag, Moshe Smilowitz, Borech Stein, Sheindel Stein, Joseph S. Wasserman. (Attachments: # 1 Text of Proposed Order)(Engel, Steven) (Entered: 04/20/2015)

April 20, 2015

April 20, 2015

PACER
17

LETTER addressed to Judge Katherine B. Forrest from Marvin Newberg Esq. dated April 21, 2015 re: Scheduling Order. Document filed by Rodney Gaebel, Ann Prusinski, The Sullivan County Board of Elections. (Attachments: # 1 Scheduling Order)(Newberg, Marvin) (Entered: 04/21/2015)

April 21, 2015

April 21, 2015

PACER
18

ORDER: In light of the Court's schedule, the joint conference scheduled for Friday, April 24, 2015 shall commence at 9:30 a.m., ( Oral Argument set for 4/24/2015 at 09:30 AM before Judge Katherine B. Forrest., Status Conference set for 4/24/2015 at 09:30 AM before Judge Katherine B. Forrest.) (Signed by Judge Katherine B. Forrest on 4/22/2015) (lmb) (Entered: 04/22/2015)

April 22, 2015

April 22, 2015

PACER
19

FIRST LETTER MOTION for Leave to File Excess Pages addressed to Judge Katherine B. Forrest from Cliff Gordon, Esq. dated 04/23/2015. Document filed by The Sullivan County Board of Elections.(Gordon, Clifford) (Entered: 04/23/2015)

April 23, 2015

April 23, 2015

PACER
20

ORDER granting 19 Letter Motion for Leave to File Excess Pages. So ordered. (Signed by Judge Katherine B. Forrest on 4/23/2015) (lmb) (Entered: 04/23/2015)

April 23, 2015

April 23, 2015

PACER
21

ORDER: The Court has received several inquiries regarding attendance at the joint conference scheduled for tomorrow, April 24, 2015 at 9:30 a.m. in the above- captioned actions. The Court intends to first hear oral argument on the pending motions to dismiss in Bloomingburg Jewish Education Center v. Village of Bloomingburg, New York (14-cv-7250). The Court will spend the last thirty minutes of the conference, from approximately 11:30 a.m. to 12:00 p.m., on scheduling and other matters. Accordingly, if a party would like to attend the conference but does not anticipate a need to speak, they may participate telephonically. Any parties who plan to call in must coordinate a conference call among themselves, and then call the Court at (212) 805-0139 on a single line at the time of the conference. (Signed by Judge Katherine B. Forrest on 4/23/2015) (spo) (Entered: 04/24/2015)

April 23, 2015

April 23, 2015

PACER

Status Conference

April 24, 2015

April 24, 2015

PACER
22

CASE MANAGEMENT ORDER NO. 1: As discussed at the joint conference on Friday, April 24, 2015: 1. Coordination of Discovery. a. The discovery process in these actions (including the taking of depositions and the timing and transmittal of electronic and written discovery) shall be coordinated to the extent reasonably practicable. b. Prior to Friday, May 1, 2015, the parties shall circulate to each other their proposed categories of documents and deponents. The parties shall meet and confer as to the overlap on their respective lists, how to coordinate with regard to the overlapping matters, and a schedule with regard to the same not later than Friday, May 8, 2015. c. Not later than Friday, May 15, 2015, the parties shall submit a joint letter to the Court (or separate letters, if necessary) setting forth (a) their proposal (or separate proposals) for the scheduling of discovery, (b) a list of discovery issues relating to or involving the overlapping/coordinated discovery that are known at that time to require resolution by the Court, and (c) their position(s) on whether it would be useful to have lead discovery counsel designated for (and by) defendants for the purpose of raising discovery disputes with regard to the coordinated discovery with the Court. d. The Court will hold a telephonic conference to discuss the coordination of overlapping discovery (to the extent there is any) on Thursday, June 18, 2015 at 1:00 p.m. The parties shall call (212) 805-0139 on a single line at the time of the conference. 2. Scheduling. a. Dates for briefing and trial will be set separately in each action. 3. Filing of Documents. a. A party shall file documents only on the docket of the action to which it is a party, and not on the dockets of the other actions. Certain orders issued by the Court (such as this Case Management Order) may be posted to all three dockets. 4. Protective Order Disputes. a. In the event that a dispute arises between certain parties regarding a proposed protective order, those parties may each submit to the Court a two-page letter setting forth their positions on the protective order. b. No production shall be withheld because of the dispute over the protective order. During the pendency of the dispute, the parties shall produce documents that would otherwise be subject to the protective order on an attorneys' eyes only basis. (Telephone Conference set for 6/18/2015 at 01:00 PM before Judge Katherine B. Forrest). (Signed by Judge Katherine B. Forrest on 4/27/2015) (rjm) (Entered: 04/27/2015)

April 27, 2015

April 27, 2015

PACER
23

MOTION to Dismiss . Document filed by Rodney Gaebel, Ann Prusinski, The Sullivan County Board of Elections.(Gordon, Clifford) (Entered: 05/01/2015)

May 1, 2015

May 1, 2015

PACER
24

DECLARATION in Support re: 23 MOTION to Dismiss .. Document filed by Rodney Gaebel, Ann Prusinski, The Sullivan County Board of Elections. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12- a, # 13 Exhibit 12- b, # 14 Exhibit 12- c, # 15 Exhibit 12- d, # 16 Exhibit 12- e, # 17 Exhibit 12- f, # 18 Exhibit 12- g, # 19 Exhibit 12- h, # 20 Exhibit 12- i, # 21 Exhibit 12- j, # 22 Exhibit 13, # 23 Exhibit 14, # 24 Exhibit 15, # 25 Exhibit 16- a, # 26 Exhibit 16- b, # 27 Exhibit 16- c, # 28 Exhibit 16- d, # 29 Exhibit 16- e, # 30 Exhibit 17- a, # 31 Exhibit 17- b)(Gordon, Clifford) (Entered: 05/01/2015)

May 1, 2015

May 1, 2015

PACER
25

MEMORANDUM OF LAW in Support re: 23 MOTION to Dismiss . . Document filed by Rodney Gaebel, Ann Prusinski, The Sullivan County Board of Elections. (Gordon, Clifford) (Entered: 05/01/2015)

May 1, 2015

May 1, 2015

PACER
26

PROPOSED LETTER addressed to Judge Katherine B. Forrest from Cliff Gordon, Esq. dated May 15, 2015 re: Moshe Smilowitz, et al. v. The Sullivan county Board of Elections, Ann Prusinski, and Rodney Gaebel, 15-cv-1757 (KBF). Document filed by The Sullivan County Board of Elections.(Gordon, Clifford) (Entered: 05/15/2015)

May 15, 2015

May 15, 2015

PACER

Set/Reset Deadlines

May 22, 2015

May 22, 2015

PACER
27

CASE MANAGEMENT ORDER NO. 2: It is hereby ordered that: 1. Discovery in Bloomingburg Jewish Education Center v. Village of Bloomingburg (14-cv-7250) and Town of Mamakating, New York v. Lamm (15-cv-2865) shall close on Friday, March 18, 2016. 2. Counsel for each party in each action are entitled to depose any witness such party has noticed with respect to its action; all questioning should be additive and not repetitive. 3. At this time, each party in each case is entitled to notice 10 depositions. Additional depositions will only be permitted based on a specific case-by-case showing of good cause. If a party conducts independent questioning at a deposition, that counts as one of their depositions. 4. The Court will not at this time designate lead discovery counsel for the purpose of raising discovery disputes. (Signed by Judge Katherine B. Forrest on 5/22/2015) (lmb) (Main Document 18 replaced on 5/22/2015) (lmb). Modified on 5/22/2015 (lmb). Modified on 5/22/2015 (lmb). (Entered: 05/21/2015)

May 22, 2015

May 22, 2015

PACER
28

LETTER MOTION for Leave to File Excess Pages on consent, addressed to Judge Katherine B. Forrest from Steven A. Engel dated May 22, 2015. Document filed by Abraham Desser, Mindy Desser, Rivka Desser, Samuel Desser, Zira G. Desser, David Friedman, Esther Goldberg, Meir Goldberg, Menachem Goldberg, Zvi Goldberg, Lipa Goldstein, Hershel Green, Abraham Greenfield, Hendel Greenfield, Aron Karpen, Berl Karpen, Esther Karpen, Feigy Karpen, Pearl Karpen, Rachel Karpen, Shemaya Karpen, Isaac Kohn, Yaacov M. Sebbag, Moshe Smilowitz, Borech Stein, Sheindel Stein, Joseph S. Wasserman.(Engel, Steven) (Entered: 05/22/2015)

May 22, 2015

May 22, 2015

PACER
29

ORDER granting 28 Letter Motion for Leave to File Excess Pages. Both requests are GRANTED. (Signed by Judge Katherine B. Forrest on 5/22/2015) (lmb) (Entered: 05/22/2015)

May 22, 2015

May 22, 2015

PACER
30

MEMORANDUM OF LAW in Opposition re: 23 MOTION to Dismiss . . Document filed by Abraham Desser, Mindy Desser, Rivka Desser, Samuel Desser, Zira G. Desser, David Friedman, Esther Goldberg, Meir Goldberg, Menachem Goldberg, Zvi Goldberg, Lipa Goldstein, Hershel Green, Abraham Greenfield, Hendel Greenfield, Aron Karpen, Berl Karpen, Esther Karpen, Feigy Karpen, Pearl Karpen, Rachel Karpen, Shemaya Karpen, Isaac Kohn, Yaacov M. Sebbag, Moshe Smilowitz, Borech Stein, Sheindel Stein, Joseph S. Wasserman. (Engel, Steven) (Entered: 05/22/2015)

May 22, 2015

May 22, 2015

PACER
31

NOTICE OF APPEARANCE by Benjamin Morgan Rose on behalf of Abraham Desser, Mindy Desser, Rivka Desser, Samuel Desser, Zira G. Desser, David Friedman, Esther Goldberg, Meir Goldberg, Menachem Goldberg, Zvi Goldberg, Lipa Goldstein, Hershel Green, Abraham Greenfield, Hendel Greenfield, Aron Karpen, Berl Karpen, Esther Karpen, Feigy Karpen, Pearl Karpen, Rachel Karpen, Shemaya Karpen, Isaac Kohn, Yaacov M. Sebbag, Moshe Smilowitz, Borech Stein, Sheindel Stein, Joseph S. Wasserman. (Rose, Benjamin) (Entered: 05/27/2015)

May 27, 2015

May 27, 2015

PACER
32

REPLY MEMORANDUM OF LAW in Support re: 23 MOTION to Dismiss . . Document filed by Rodney Gaebel, Ann Prusinski, The Sullivan County Board of Elections. (Attachments: # 1 Exhibit A)(Gordon, Clifford) (Entered: 05/29/2015)

May 29, 2015

May 29, 2015

PACER
33

SCHEDULING ORDER NO. 2 : In light of the recent extension requests granted by the Court, the schedule in these actions shall be as follows: Telephone Conference set for 6/18/2015 at 01:00 PM before Judge Katherine B. Forrest. Status Conference set for 7/27/2015 at 01:00 PM before Judge Katherine B. Forrest. Fact Discovery due by 12/1/2015. Motions due by 12/4/2015. Responses due by 12/28/2015 Replies due by 1/6/2016. Joint Pretrial Order due by 2/19/2016. Final Pretrial Conference set for 2/24/2016 at 01:00 PM before Judge Katherine B. Forrest. Ready for Trial by 2/29/2016. Trial is anticipated to take two weeks. All dates and deadlines in this Case Management Order supersede those previously scheduled by the Court. SO ORDERED. (Signed by Judge Katherine B. Forrest on 6/01/2015) (ama) (Entered: 06/02/2015)

June 1, 2015

June 1, 2015

PACER
34

ORDER: The status conference scheduled for July 27, 2015 at 1:00 p.m. shall be telephonic. The parties shall call (212) 805-0139 on a single line at the time of the conference., ( Telephone Conference set for 7/27/2015 at 01:00 PM before Judge Katherine B. Forrest.) (Signed by Judge Katherine B. Forrest on 6/12/2015) (lmb) (Entered: 06/12/2015)

June 12, 2015

June 12, 2015

PACER
35

ORDER denying 23 Motion to Dismiss. Accordingly, defendants' motion to dismiss is DENIED. The Clerk of Court is directed to terminate the motion at ECF No. 23. (As further set forth in this Order) (Signed by Judge Katherine B. Forrest on 6/16/2015) (lmb) (Entered: 06/16/2015)

June 16, 2015

June 16, 2015

PACER
36

CASE MANAGEMENT ORDER NO. 3: As set forth at the joint telephonic conference on June 18, 2015: 1. All stays or limitations on discovery that were in place in contemplation of the pending motions to dismiss in all of the above-captioned actions are hereby lifted, and discovery shall now proceed in accordance with the federal and local rules. 2. Ms. Jody Tamar Cross has graciously agreed to act as the coordinating counsel and central point for overlapping discovery. (As only one example, if the deposition of John Doe is sought by parties in different actions, Ms. Cross will act as a coordinator on scheduling.) 3. A telephonic joint discovery conference is scheduled for Friday, September 11, 2015 at 9:00 a.m. The parties shall coordinate ahead of time and call (212) 805-0139 on a single line at the time of the conference., ( Telephone Conference set for 9/11/2015 at 09:00 AM before Judge Katherine B. Forrest.) (Signed by Judge Katherine B. Forrest on 6/19/2015) (lmb) (Entered: 06/19/2015)

June 19, 2015

June 19, 2015

PACER
37

ANSWER to 1 Complaint,,. Document filed by Rodney Gaebel, Ann Prusinski, The Sullivan County Board of Elections.(Gordon, Clifford) (Entered: 06/30/2015)

June 30, 2015

June 30, 2015

PACER
38

NOTICE of Statement of Death. Document filed by Rodney Gaebel, Ann Prusinski, The Sullivan County Board of Elections. (Gordon, Clifford) (Entered: 07/24/2015)

July 24, 2015

July 24, 2015

PACER
39

ORDER: As discussed at the telephonic status conference on July 27, 2015, the parties shall meet and confer regarding how discovery shall proceed with respect to deceased defendant Rodney Gaebel, and shall provide brief written submissions on this topic, as well as on whether a deputy commissioner will assume Gaebel's position as an acting commissioner, not later than August 7, 2015. At present, document discovery with respect to Gaebel shall proceed only to the extent that discovery is sought of documents created or maintained by Gaebel in his official capacity; document discovery with respect to documents created or maintained by Gaebel in his personal capacity shall proceed only to the extent possible. Discovery shall continue to proceed as to defendant Commissioner Ann Prusinski. A telephonic status conference is scheduled for Friday, October 9, 2015 at 3:30 p.m. The parties shall call (212) 805-0139 on a single line at the time of the conference. ( Telephone Conference set for 10/9/2015 at 03:30 PM before Judge Katherine B. Forrest.) (Signed by Judge Katherine B. Forrest on 7/27/2015) (mro) (Entered: 07/28/2015)

July 27, 2015

July 27, 2015

PACER
40

LETTER MOTION for Extension of Time addressed to Judge Katherine B. Forrest from Cliff Gordon, Esq. dated 8/7/15. Document filed by Rodney Gaebel, Ann Prusinski, The Sullivan County Board of Elections.(Gordon, Clifford) (Entered: 08/07/2015)

Aug. 7, 2015

Aug. 7, 2015

PACER
41

LETTER addressed to Judge Katherine B. Forrest from Steven A. Engel dated August 7, 2015 re: concerning discovery. Document filed by Abraham Desser, Mindy Desser, Rivka Desser, Samuel Desser, Zira G. Desser, David Friedman, Esther Goldberg, Meir Goldberg, Menachem Goldberg, Zvi Goldberg, Lipa Goldstein, Hershel Green, Abraham Greenfield, Hendel Greenfield, Aron Karpen, Berl Karpen, Esther Karpen, Feigy Karpen, Pearl Karpen, Rachel Karpen, Shemaya Karpen, Isaac Kohn, Yaacov M. Sebbag, Moshe Smilowitz, Borech Stein, Sheindel Stein, Joseph S. Wasserman.(Engel, Steven) (Entered: 08/07/2015)

Aug. 7, 2015

Aug. 7, 2015

PACER
42

ORDER terminating 40 Letter Motion for Extension of Time. The Court is in receipt of the parties' August 7, 2015 letters regarding how discovery should proceed in light of the death of defendant Rodney Gaebel. [ECF Nos. 40, 41.] Document discovery with respect to Mr. Gaebel shall proceed only to the extent that discovery is sought of documents created or maintained by Mr. Gaebel in his official capacity; document discovery with respect to documents created or maintained by Mr. Gaebel in his personal capacity is hereby stayed until the appointment of a personal representative for his estate. The Court agrees with plaintiffs that defendants have failed to provide a justification for their request to stay all depositions until the appointment of a personal representative for Mr. Gaebel's estate. Therefore, documentary and depositional discovery shall continue to proceed as to all other parties. The Clerk of Court is directed to close the motion at ECF No. 40. (Signed by Judge Katherine B. Forrest on 8/10/2015) (lmb) (Entered: 08/10/2015)

Aug. 10, 2015

Aug. 10, 2015

PACER
43

LETTER addressed to Judge Katherine B. Forrest from Marvin Newberg Esq. dated August 10, 2015 re: Response to Steven Engel Esq.'s August 7, 2015 letter. Document filed by Rodney Gaebel, Ann Prusinski, The Sullivan County Board of Elections.(Newberg, Marvin) (Entered: 08/10/2015)

Aug. 10, 2015

Aug. 10, 2015

PACER
44

LETTER addressed to Judge Katherine B. Forrest from Steven A. Engel dated August 10. 2015 re: Reply to Marvin Newberg, Esq.'s August 10, 2015 letter. Document filed by Abraham Desser, Mindy Desser, Rivka Desser, Samuel Desser, Zira G. Desser, David Friedman, Esther Goldberg, Meir Goldberg, Menachem Goldberg, Zvi Goldberg, Lipa Goldstein, Hershel Green, Abraham Greenfield, Hendel Greenfield, Aron Karpen, Berl Karpen, Esther Karpen, Feigy Karpen, Pearl Karpen, Rachel Karpen, Shemaya Karpen, Isaac Kohn, Yaacov M. Sebbag, Moshe Smilowitz, Borech Stein, Sheindel Stein, Joseph S. Wasserman.(Engel, Steven) (Entered: 08/10/2015)

Aug. 10, 2015

Aug. 10, 2015

PACER
45

MEMO ENDORSEMENT on re: 43 Letter, filed by Ann Prusinski, The Sullivan County Board of Elections, Rodney Gaebel. ENDORSEMENT: Motion for reconsideration denied. (Signed by Judge Katherine B. Forrest on 8/11/2015) (lmb) (Main Document 45 replaced on 8/11/2015) (lmb). (Entered: 08/11/2015)

Aug. 11, 2015

Aug. 11, 2015

PACER
46

LETTER addressed to Judge Katherine B. Forrest from Marvin Newberg Esq. dated October 5, 2015 re: Discovery Dispute. Document filed by Rodney Gaebel, Ann Prusinski, The Sullivan County Board of Elections. (Attachments: # 1 Exhibit Letter to Steven Engel Esq., # 2 Exhibit Pls' Objections & Response to Document Demand, # 3 Pls' Objections & Response to Document Demand, # 4 Pls' Objections & Response to Document Demand, # 5 Pls' Objections & Response to Document Demand, # 6 Pls' Objections & Response to Document Demand, # 7 Pls' Objections & Response to Document Demand, # 8 Pls' Objections & Response to Document Demand)(Newberg, Marvin) (Entered: 10/05/2015)

Oct. 5, 2015

Oct. 5, 2015

PACER
47

ORDER: The telephonic status conference scheduled for October 9, 2015 at 3:30 p.m. is hereby rescheduled to Wednesday, October 14, 2015 at 9:30 a.m. The parties shall call (212) 805-0139 on a single line at the time of the conference., ( Telephone Conference set for 10/14/2015 at 09:30 AM before Judge Katherine B. Forrest.) (Signed by Judge Katherine B. Forrest on 10/6/2015) (lmb) (Entered: 10/06/2015)

Oct. 6, 2015

Oct. 6, 2015

PACER
48

LETTER addressed to Judge Katherine B. Forrest from Steven A. Engel dated October 8, 2015 re: Defendants' October 5, 2015 letter. Document filed by Abraham Desser, Mindy Desser, Rivka Desser, Samuel Desser, Zira G. Desser, David Friedman, Esther Goldberg, Meir Goldberg, Menachem Goldberg, Zvi Goldberg, Lipa Goldstein, Hershel Green, Abraham Greenfield, Hendel Greenfield, Isaac Kohn, Yaacov M. Sebbag, Moshe Smilowitz, Borech Stein, Sheindel Stein, Joseph S. Wasserman. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F)(Engel, Steven) (Entered: 10/08/2015)

Oct. 8, 2015

Oct. 8, 2015

PACER
49

ORDER: Before the Court is defendants' motion to compel production of a variety of information that defendants assert is relevant to establishing residency for purposes of voting rights in Sullivan County. (ECF No. 46.) Plaintiffs object that the requests are overbroad and intended to harass. (ECF No. 48.) The Court agrees as further set forth in this order. As set forth above, defendants' motion to compel discovery is GRANTED IN PART and DENIED IN PART. (As further set forth in this Order) (Signed by Judge Katherine B. Forrest on 10/9/2015) (lmb) (Entered: 10/09/2015)

Oct. 9, 2015

Oct. 9, 2015

PACER
50

ORDER: As set forth at the telephonic status conference held on October 14, 2015, the Court sets forth the following ground rules with respect to discovery: 1. Both parties shall complete production of all document discovery by October 28, 2015 as further set forth in this order. The next status conference is hereby scheduled for November 19, 2015 at 5:15 p.m. The Court notes that at the October 14, 2015 telephonic conference, there was an issue with respect to the parties talking over each other and over the Court. If the parties believe they can reasonably prevent this from occurring at the next status conference, they shall inform the Court, in which case the next conference may be held telephonically; absent a letter endorsement or Order from this Court, the conference shall therefore be held in-person. (As further set forth in this Order), ( Discovery due by 10/28/2015.), ( Status Conference set for 11/19/2015 at 05:15 PM before Judge Katherine B. Forrest.) (Signed by Judge Katherine B. Forrest on 10/15/2015) (lmb) (Entered: 10/15/2015)

Oct. 15, 2015

Oct. 15, 2015

PACER
51

LETTER addressed to Judge Katherine B. Forrest from Steven A. Engel dated October 28, 2015 re: status of document production. Document filed by Abraham Desser, Mindy Desser, Rivka Desser, Samuel Desser, Zira G. Desser, David Friedman, Esther Goldberg, Meir Goldberg, Menachem Goldberg, Zvi Goldberg, Lipa Goldstein, Hershel Green, Abraham Greenfield, Hendel Greenfield, Isaac Kohn, Yaacov M. Sebbag, Moshe Smilowitz, Borech Stein, Sheindel Stein, Joseph S. Wasserman. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Engel, Steven) (Entered: 10/28/2015)

Oct. 28, 2015

Oct. 28, 2015

PACER
52

LETTER addressed to Judge Katherine B. Forrest from Steven A. Engel dated October 29, 2015 re: status of document production (corrected letter). Document filed by Abraham Desser, Mindy Desser, Rivka Desser, Samuel Desser, Zira G. Desser, David Friedman, Esther Goldberg, Meir Goldberg, Menachem Goldberg, Zvi Goldberg, Lipa Goldstein, Hershel Green, Abraham Greenfield, Hendel Greenfield, Isaac Kohn, Yaacov M. Sebbag, Moshe Smilowitz, Borech Stein, Sheindel Stein, Joseph S. Wasserman. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Engel, Steven) (Entered: 10/29/2015)

Oct. 29, 2015

Oct. 29, 2015

PACER
53

MEMO ENDORSEMENT on re: 52 Letter, filed by Yaacov M. Sebbag, Esther Goldberg, Abraham Desser, Joseph S. Wasserman, Borech Stein, Moshe Smilowitz, Sheindel Stein, Lipa Goldstein, Hershel Green, Abraham Greenfield, Meir Goldberg, Menachem Goldberg, Mindy Desser, David Friedman, Zira G. Desser, Rivka Desser, Samuel Desser, Hendel Greenfield, Isaac Kohn, Zvi Goldberg. ENDORSEMENT: Ordered: Defendants shall respond to the instant letter not later than Nov. 2, 2015 at 5pm. (Signed by Judge Katherine B. Forrest on 10/29/2015) (tn) (Entered: 10/29/2015)

Oct. 29, 2015

Oct. 29, 2015

PACER
54

LETTER addressed to Judge Katherine B. Forrest from Marvin Newberg Esq. dated November 2, 2015 re: Document Production and Depositions. Document filed by Rodney Gaebel, Ann Prusinski, The Sullivan County Board of Elections. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Newberg, Marvin) (Entered: 11/02/2015)

Nov. 2, 2015

Nov. 2, 2015

PACER
55

LETTER addressed to Judge Katherine B. Forrest from Steven A. Engel dated November 3, 2015 re: November 2, 2015 letter on behalf of Defendants. Document filed by Abraham Desser, Mindy Desser, Rivka Desser, Samuel Desser, Zira G. Desser, David Friedman, Esther Goldberg, Meir Goldberg, Menachem Goldberg, Zvi Goldberg, Lipa Goldstein, Hershel Green, Abraham Greenfield, Hendel Greenfield, Isaac Kohn, Yaacov M. Sebbag, Moshe Smilowitz, Borech Stein, Sheindel Stein, Joseph S. Wasserman. (Attachments: # 1 Exhibit A)(Engel, Steven) (Entered: 11/03/2015)

Nov. 3, 2015

Nov. 3, 2015

PACER
56

ORDER: It is hereby ordered that: 1. All parties shall insure that they provide a reasonable time to the other side to respond to requests before approaching the Court to resolve an issue. (I would really prefer you folks to work things out whenever possible.) 2. Nevertheless, if certain plaintiffs seek dismissal, they should provide an order and I will sign it. 3. Mr. Engel and Mr. Newberg shall confer immediately on 10 dates for depositions and hold those dates on their calendars. A letter setting forth such dates shall be provided to the Court not later than November 6, 2015. Once defendants choose whom to depose, translation issues may be worked out. 4. As to ESI, defendants shall, by letter filed not later than November 6, 2015, provide the Court with a projected completion date. 5. If there are any additional matters for this Court to resolve at this time, the parties should so inform the Court by November 6, 2015. (Signed by Judge Katherine B. Forrest on 11/3/2015) (kl) (Entered: 11/03/2015)

Nov. 3, 2015

Nov. 3, 2015

PACER
57

LETTER addressed to Judge Katherine B. Forrest from Cliff Gordon, Esq. dated 11/06/2015 re: discovery update. Document filed by Rodney Gaebel, Ann Prusinski, The Sullivan County Board of Elections.(Gordon, Clifford) (Entered: 11/06/2015)

Nov. 6, 2015

Nov. 6, 2015

PACER
58

JOINT LETTER addressed to Judge Katherine B. Forrest from Steven A. Engel dated November 6, 2015 re: discovery update. Document filed by Abraham Desser, Mindy Desser, Rivka Desser, Samuel Desser, Zira G. Desser, David Friedman, Esther Goldberg, Meir Goldberg, Menachem Goldberg, Zvi Goldberg, Lipa Goldstein, Hershel Green, Abraham Greenfield, Hendel Greenfield, Isaac Kohn, Yaacov M. Sebbag, Moshe Smilowitz, Borech Stein, Sheindel Stein, Joseph S. Wasserman.(Engel, Steven) (Entered: 11/06/2015)

Nov. 6, 2015

Nov. 6, 2015

PACER
59

MEMO ENDORSEMENT on re: 57 Letter filed by Ann Prusinski, The Sullivan County Board of Elections, Rodney Gaebel. ENDORSEMENT: Mr. Engel to respond as to impact on schedule if Court were to agree to proposed revised schedule. (Signed by Judge Katherine B. Forrest on 11/9/2015) (lmb) (Entered: 11/09/2015)

Nov. 9, 2015

Nov. 9, 2015

PACER
60

LETTER addressed to Judge Katherine B. Forrest from Steven A. Engel dated November 10, 2015 re: Court's Order dated November 9, 2015. Document filed by Abraham Desser, Mindy Desser, Rivka Desser, Samuel Desser, Zira G. Desser, David Friedman, Esther Goldberg, Meir Goldberg, Menachem Goldberg, Zvi Goldberg, Lipa Goldstein, Hershel Green, Abraham Greenfield, Hendel Greenfield, Isaac Kohn, Yaacov M. Sebbag, Moshe Smilowitz, Borech Stein, Sheindel Stein.(Engel, Steven) (Entered: 11/10/2015)

Nov. 10, 2015

Nov. 10, 2015

PACER
61

LETTER MOTION for Conference to be held via telephone addressed to Judge Katherine B. Forrest from Cliff Gordon, Esq. dated 11/13/15. Document filed by Rodney Gaebel, Ann Prusinski, The Sullivan County Board of Elections.(Gordon, Clifford) (Entered: 11/13/2015)

Nov. 13, 2015

Nov. 13, 2015

PACER
62

ORDER: Defendants shall complete their production of ESI documents not later than December 4, 2015. Fact Discovery due by 12/31/2015. Motion for summary judgment due by 1/19/2016; Opposition due by 2/8/2016; Replies due by 2/18/2016. Motions in limine due by 4/5/2016; Oppositions due by 4/12/2016. Pretrial materials, including the Joint Pretrial Order due by 4/15/2016. Final Pretrial Conference set for 4/26/2016 at 01:00 PM before Judge Katherine B. Forrest. Trial shall commence on 5/2/2016. The Court does not anticipate granting any further extensions. (Signed by Judge Katherine B. Forrest on 11/13/2015) (tn) (Entered: 11/13/2015)

Nov. 13, 2015

Nov. 13, 2015

PACER
63

ORDER granting 61 Letter Motion for Conference: Ordered: The conference shall be telephonic. Telephone Conference set for 11/19/2015 at 02:30 PM before Judge Katherine B. Forrest. (Signed by Judge Katherine B. Forrest on 11/13/2015) (tn) (Entered: 11/13/2015)

Nov. 13, 2015

Nov. 13, 2015

PACER
64

TRANSCRIPT of Proceedings re: CONFRENCE held on 10/14/2015 before Judge Katherine B. Forrest. 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 12/14/2015. Redacted Transcript Deadline set for 12/24/2015. Release of Transcript Restriction set for 2/20/2016.(McGuirk, Kelly) (Entered: 11/19/2015)

Nov. 19, 2015

Nov. 19, 2015

PACER
65

NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 10/14/15 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: 11/19/2015)

Nov. 19, 2015

Nov. 19, 2015

PACER
66

LETTER addressed to Judge Katherine B. Forrest from Steven A. Engel dated November 19, 2015 re: Dismissal of Certain Plaintiffs as per the Court's November 3, 2015. Document filed by Abraham Desser, Mindy Desser, Rivka Desser, David Friedman, Lipa Goldstein, Hershel Green, Isaac Kohn, Yaacov M. Sebbag, Borech Stein, Sheindel Stein. (Attachments: # 1 Exhibit A, # 2 Text of Proposed Order)(Engel, Steven) (Entered: 11/19/2015)

Nov. 19, 2015

Nov. 19, 2015

PACER
67

LETTER addressed to Judge Katherine B. Forrest from Marvin Newberg Esq. dated November 19, 2015 re: Order. Document filed by Rodney Gaebel, Ann Prusinski, The Sullivan County Board of Elections. (Attachments: # 1 Exhibit)(Newberg, Marvin) (Entered: 11/19/2015)

Nov. 19, 2015

Nov. 19, 2015

PACER
68

ORDER: As discussed at the telephonic status conference held on November 19, 2015, the Court understands that defendants' production of ESI documents will take longer than previously anticipated. As discussed at the conference, the Court hereby modifies the schedule in this action as follows: 1. Defendants shall complete their first round of production of ESI documents (as set forth on the record during the conference) not later than December 4, 2015. 2. The parties shall file any further submissions relating to the issue of whether certain plaintiffs who no longer seek to prosecute this action should be dismissed with or without prejudice not later than December 14, 2015. 3. Defendants shall complete their second and final round of production of ESI documents not later than December 18, 2015. a) To the extent that the number of search results for the second round of ESI discovery is substantially higher than expected, defendants shall meet and confer with plaintiffs to determine if adjustments to custodians, categories or search terms could decrease the volume 4. Fact discovery shall close on January 23, 2016. 5. To allow sufficient time for the Court to resolve any motion for class certification and for potential class plaintiffs to receive notice of this action, any motion for class certification shall be filed not later than December 31, 2015. 6. Motions for summary judgment shall be filed not later than February 8, 2016. a) Oppositions are due not later than February 29, 2016. b) Replies are due not later than March 10, 2016. 7. A telephonic status conference is hereby scheduled for January 29, 2016 at 11:30 a.m. The parties shall call (212) 805-0139 on a single line at the time of the conference. All other dates and deadlines, including the May 2, 2016 trial date set forth in this Court's November 13, 2015 Order (ECF No. 62), remain in force., ( Fact Discovery due by 1/23/2016., Motions due by 2/8/2016., Responses due by 2/29/2016., Replies due by 3/10/2016.), ( Telephone Conference set for 1/29/2016 at 11:30 AM before Judge Katherine B. Forrest.) (Signed by Judge Katherine B. Forrest on 11/20/2015) (lmb) (Entered: 11/20/2015)

Nov. 20, 2015

Nov. 20, 2015

PACER
69

NOTICE OF APPEARANCE by Negin Hadaghian on behalf of Abraham Desser, Mindy Desser, Rivka Desser, Samuel Desser, Zira G. Desser, David Friedman, Esther Goldberg, Meir Goldberg, Menachem Goldberg, Zvi Goldberg, Lipa Goldstein, Hershel Green, Abraham Greenfield, Hendel Greenfield, Isaac Kohn, Yaacov M. Sebbag, Moshe Smilowitz, Borech Stein, Sheindel Stein, Joseph S. Wasserman. (Hadaghian, Negin) (Entered: 12/07/2015)

Dec. 7, 2015

Dec. 7, 2015

PACER
70

LETTER addressed to Judge Katherine B. Forrest from Steven A. Engel dated December 8, 2015 re: discovery matters. Document filed by Abraham Desser, Mindy Desser, Rivka Desser, Samuel Desser, Zira G. Desser, David Friedman, Esther Goldberg, Meir Goldberg, Menachem Goldberg, Zvi Goldberg, Lipa Goldstein, Hershel Green, Abraham Greenfield, Hendel Greenfield, Isaac Kohn, Yaacov M. Sebbag, Moshe Smilowitz, Borech Stein, Sheindel Stein, Joseph S. Wasserman. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G)(Engel, Steven) (Entered: 12/08/2015)

Dec. 8, 2015

Dec. 8, 2015

PACER
71

TRANSCRIPT of Proceedings re: CONFERENCE held on 11/19/2015 before Judge Katherine B. Forrest. Court Reporter/Transcriber: Lisa Picciano Fellis, (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 1/2/2016. Redacted Transcript Deadline set for 1/12/2016. Release of Transcript Restriction set for 3/11/2016.(McGuirk, Kelly) (Entered: 12/09/2015)

Dec. 9, 2015

Dec. 9, 2015

PACER
72

NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 11/19/15 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: 12/09/2015)

Dec. 9, 2015

Dec. 9, 2015

PACER
73

LETTER addressed to Judge Katherine B. Forrest from Marvin Newberg Esq. dated December 10, 2015 re: Non-Party Depositions. Document filed by Rodney Gaebel, Ann Prusinski, The Sullivan County Board of Elections.(Newberg, Marvin) (Entered: 12/10/2015)

Dec. 10, 2015

Dec. 10, 2015

PACER
74

LETTER addressed to Judge Katherine B. Forrest from Lily A. North dated December 11, 2015 re: Mr. Newberg's Letter dated December 10, 2015 re: Non-Party Depositions. Document filed by Abraham Desser, Mindy Desser, Rivka Desser, Samuel Desser, Zira G. Desser, David Friedman, Esther Goldberg, Meir Goldberg, Menachem Goldberg, Zvi Goldberg, Lipa Goldstein, Hershel Green, Abraham Greenfield, Hendel Greenfield, Isaac Kohn, Yaacov M. Sebbag, Moshe Smilowitz, Borech Stein, Sheindel Stein, Joseph S. Wasserman.(North, Lily) (Entered: 12/11/2015)

Dec. 11, 2015

Dec. 11, 2015

PACER
75

NOTICE OF APPEARANCE by Alan M. Goldston on behalf of CathieAnn Wishinski. (Goldston, Alan) (Entered: 12/14/2015)

Dec. 14, 2015

Dec. 14, 2015

PACER
76

FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - FIRST LETTER MOTION for Discovery (Quash Subpoena) addressed to Judge Katherine B. Forrest from Alan M. Goldston dated December 14, 2015. Document filed by CathieAnn Wishinski. (Attachments: # 1 Exhibit Subpoena served on CathieAnn Wishinski)(Goldston, Alan) Modified on 12/23/2015 (ldi). (Entered: 12/14/2015)

Dec. 14, 2015

Dec. 14, 2015

PACER
77

FIRST LETTER addressed to Judge Katherine B. Forrest from Alan M. Goldston dated December 14, 2015 re: Location and Scheduling of Non-Party Depositions. Document filed by CathieAnn Wishinski.(Goldston, Alan) (Entered: 12/14/2015)

Dec. 14, 2015

Dec. 14, 2015

PACER
78

LETTER addressed to Judge Katherine B. Forrest from Marvin Newberg Esq. dated December 14, 2015 re: withdrawal of plaintiffs. Document filed by Rodney Gaebel, Ann Prusinski, The Sullivan County Board of Elections.(Newberg, Marvin) (Entered: 12/14/2015)

Dec. 14, 2015

Dec. 14, 2015

PACER
79

LETTER addressed to Judge Katherine B. Forrest from Steven A. Engel dated December 14, 2015 re: Order Dismissing Certain Plaintiffs. Document filed by Abraham Desser, Mindy Desser, Rivka Desser, Samuel Desser, Zira G. Desser, David Friedman, Esther Goldberg, Meir Goldberg, Menachem Goldberg, Zvi Goldberg, Lipa Goldstein, Hershel Green, Abraham Greenfield, Hendel Greenfield, Isaac Kohn, Yaacov M. Sebbag, Moshe Smilowitz, Borech Stein, Sheindel Stein, Joseph S. Wasserman.(Engel, Steven) (Entered: 12/14/2015)

Dec. 14, 2015

Dec. 14, 2015

PACER
80

ORDER: For the foregoing reasons, the following plaintiffs are hereby dismissed with prejudice: Abraham Desser, Mindy Desser, Rivka Desser, David Friedman, Lipa Goldstein, Hershel Green, Isaac Kohn, Borech Stein, and Sheindel Stein. (As further set forth in this Order), Rivka Desser (on behalf of themselves and others similarly situated), David Friedman (on behalf of themselves and others similarly situated), Lipa Goldstein (on behalf of themselves and others similarly situated), Hershel Green (on behalf of themselves and others similarly situated), Isaac Kohn (on behalf of themselves and others similarly situated), Borech Stein (on behalf of themselves and others similarly situated), Sheindel Stein (on behalf of themselves and others similarly situated), Abraham Desser (on behalf of themselves and others similarly situated) and Mindy Desser (on behalf of themselves and others similarly situated) terminated. (Signed by Judge Katherine B. Forrest on 12/16/2015) (lmb) (Entered: 12/16/2015)

Dec. 16, 2015

Dec. 16, 2015

PACER
81

ORDER terminating 76 Letter Motion for Discovery. The Court understands plaintiffs have not responded yet, but in the interests of time): The Court construes this letter, and that for Ms. Hoppe, as motions to quash. The Court is inclined to allow depositions on narrow, limited topics, for 1/2 day a piece, in Sullivan County. The parties shall confer (plaintiffs, defense counsel and counsel for the non-party deponents) on topics, timing and location. If agreement cannot be reached, let the Court know. Plaintiffs bear the burden of arriving at appropriate topics. (Signed by Judge Katherine B. Forrest on 12/17/2015) (lmb) (Entered: 12/17/2015)

Dec. 17, 2015

Dec. 17, 2015

PACER
82

MOTION to Certify Class . Document filed by Samuel Desser, Moshe Smilowitz, Joseph S. Wasserman.(Engel, Steven) (Entered: 12/31/2015)

Dec. 31, 2015

Dec. 31, 2015

PACER
83

MEMORANDUM OF LAW in Support re: 82 MOTION to Certify Class . . Document filed by Samuel Desser, Moshe Smilowitz, Joseph S. Wasserman. (Engel, Steven) (Entered: 12/31/2015)

Dec. 31, 2015

Dec. 31, 2015

PACER
84

DECLARATION of Negin Hadaghian in Support re: 82 MOTION to Certify Class .. Document filed by Samuel Desser, Moshe Smilowitz, Joseph S. Wasserman. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15, # 16 Exhibit 16, # 17 Exhibit 17, # 18 Exhibit 18, # 19 Exhibit 19, # 20 Exhibit 20, # 21 Exhibit 21, # 22 Exhibit 22, # 23 Exhibit 23, # 24 Exhibit 24, # 25 Exhibit 25, # 26 Exhibit 26, # 27 Exhibit 27, # 28 Exhibit 28, # 29 Exhibit 29, # 30 Exhibit 30, # 31 Exhibit 31, # 32 Exhibit 32, # 33 Exhibit 33, # 34 Exhibit 34)(Engel, Steven) (Entered: 12/31/2015)

Dec. 31, 2015

Dec. 31, 2015

PACER
85

LETTER MOTION for Discovery deadlines to be suspended or extended addressed to Judge Katherine B. Forrest from Cliff Gordon dated 01/08/2016., LETTER MOTION for Extension of Time to oppose motion for class certification addressed to Judge Katherine B. Forrest from Cliff Gordon dated 01/08/2016. Document filed by Rodney Gaebel, Ann Prusinski, The Sullivan County Board of Elections.(Gordon, Cliff) (Entered: 01/08/2016)

Jan. 8, 2016

Jan. 8, 2016

PACER

Set/Reset Deadlines

Jan. 11, 2016

Jan. 11, 2016

PACER
86

ORDER granting 85 LETTER MOTION for Discovery deadlines to be suspended or extended addressed to Judge Katherine B. Forrest from Cliff Gordon dated 01/08/2016. LETTER MOTION for Extension of Time to oppose motion for class certification addressed to Judge Katherine B. Forrest from Cliff Gordon dated 01/08/2016. Document filed by Rodney Gaebel, Ann Prusinski, The Sullivan County Board of Elections. Extension of remaining deadlines by four weeks granted. The Court shall issue an amended scheduling order. The parties are advised that this is the likely only extension the Court will grant. The following deadline(s) was terminated: Fact Discovery Deadline, Telephone Conference, Motions Deadline, Response Deadline, Reply Deadline. (Signed by Judge Katherine B. Forrest on 1/11/2016) (rjm). (Entered: 01/11/2016)

Jan. 11, 2016

Jan. 11, 2016

PACER
87

NOTICE OF APPEARANCE by Robert Nathan Isseks on behalf of Ann Prusinski. (Isseks, Robert) (Entered: 01/28/2016)

Jan. 28, 2016

Jan. 28, 2016

PACER
88

NOTICE OF APPEARANCE by Alex J. Smith on behalf of Ann Prusinski. (Smith, Alex) (Entered: 01/28/2016)

Jan. 28, 2016

Jan. 28, 2016

PACER

Terminate Transcript Deadlines

Feb. 1, 2016

Feb. 1, 2016

PACER
89

LETTER addressed to Judge Katherine B. Forrest from Steven A. Engel dated February 1, 2016 re: Letter on behalf of all parties regarding Settlement of action.. Document filed by Samuel Desser, Zira G. Desser, Esther Goldberg, Meir Goldberg, Menachem Goldberg, Zvi Goldberg, Abraham Greenfield, Hendel Greenfield, Yaacov M. Sebbag, Moshe Smilowitz, Joseph S. Wasserman. (Attachments: # 1 Proposed Consent Decree)(Engel, Steven) (Entered: 02/01/2016)

Feb. 1, 2016

Feb. 1, 2016

PACER

Case Details

State / Territory: New York

Case Type(s):

Election/Voting Rights

Key Dates

Filing Date: March 9, 2015

Closing Date: Feb. 1, 2016