Case: Flores v. Town of Islip

2:18-cv-03549 | U.S. District Court for the Eastern District of New York

Filed Date: June 18, 2018

Closed Date: Oct. 14, 2020

Clearinghouse coding complete

Case Summary

This case alleged that the town of Islip, New York's election scheme unconstitutionally diluted the strength of the Latino vote. On June 18, 2018, Latino voters and a New York-based voting rights group sued the town of Islip, New York; the Islip Town Board; and the Suffolk County Board of Elections in the Eastern District of New York. Plaintiffs claimed that the city's at-large election scheme had the effect of impairing Islip’s minority Latino voters right to an equal opportunity to participa…

This case alleged that the town of Islip, New York's election scheme unconstitutionally diluted the strength of the Latino vote.

On June 18, 2018, Latino voters and a New York-based voting rights group sued the town of Islip, New York; the Islip Town Board; and the Suffolk County Board of Elections in the Eastern District of New York. Plaintiffs claimed that the city's at-large election scheme had the effect of impairing Islip’s minority Latino voters right to an equal opportunity to participate in the political process and to elect representatives of their choice by diluting their voting strength, in violation of Section 2 of the Voting Rights Act, 52 U.S.C. § 10301. According to plaintiffs, the town's at-large voting system had allowed the white majority to prevent any Latino members of the community from being elected to the town council despite the town's population being almost one-third Latino. It further alleged that the at-large voting scheme allowed the town council to neglect the town's Latino community and its concerns. Plaintiffs sought (1) declaratory judgement that the at-large election system violated the statute, (2) injunctive relief, (3) order for implementation of new method of election and districting plan, and (4) attorneys' fees and expenses.

On August 10, 2018, The Suffolk County Board of Elections filed an answer largely denying that it had knowledge or information sufficient to form a belief as to the allegations. On October 10, 2018, Defendants Town of Islip and Islip Town Board filed an answer in which it mostly stated that they lacked knowledge or information sufficient to form a belief as to the truth of the allegations and denied that Plaintiffs were entitled to any relief sought.

On March 1, 2019, Plaintiffs moved for preliminary injunction. The Court denied the motion for preliminary injunction finding that Plaintiffs had not shown "not shown that they are substantially likely to succeed on the merits and that an injunction is in the public’s interest." The Court did find that "there would be irreparable harm if the upcoming elections were permitted to proceed under a framework that violated the VRA." The Court further found that Plaintiffs "demonstrated substantial likelihood of success that" each of the three Gingles precondition is satisfied. However, the Court found that the Plaintiffs did not establish that the minority group had less opportunity to participate in the electoral process based on the totality of the circumstances under the factors from the Senate Judiciary Committee Report.

On the eve of trial on October 14, 2020, the parties entered into a consent decree that was filed with and approved by the Court. In that consent judgement, the Town of Islip and Islip Town board stipulated that "the at-large system for Islip Town Council elections violates Section 2 of the Voting Rights Act." The order permanently enjoined the Town of Islip from using an at-large election system starting with the regular election in 2021. It also required that there would be four council districts with District 1 to be majority Hispanic or Latino citizens of voting age. The order also required Defendants to pay Plaintiffs $900,000 in fees, costs, and expenses.

Summary Authors

Matthew Blewitt (11/11/2024)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/7207283/parties/flores-v-town-of-islip/

Judge(s)

Brown, Gary R. (New York)

Attorney for Plaintiff

Atkins, Alexander Franklin (New York)

Blum, Anna (New York)

Brewington, Frederick K. (New York)

Attorney for Defendant

Cacciola, Mario (New York)

Judge(s)

Brown, Gary R. (New York)

Attorney for Plaintiff

Atkins, Alexander Franklin (New York)

Blum, Anna (New York)

Brewington, Frederick K. (New York)

Cohen, Debra Sue (New York)

Fassler, Rachael (New York)

Galanakis, Theodore M. (New York)

Hershman, Sara Elise (New York)

Laufer, Gregory F (New York)

Levi, Daniel H. (New York)

Lindsay, Tricia Sophia (New York)

McLaughlin, Randolph M. (New York)

Mudd, Jeffrey (New York)

Nemetz, Amy Katherine (New York)

Paterson, Paul Andrew (New York)

PERNICK, MICHAEL JEREMY (New York)

Phillips, Luke (New York)

Schuman, Rachael (New York)

Sullivan, Danielle Brittany (New York)

Attorney for Defendant

Cacciola, Mario (New York)

Carvin, Michael A. (New York)

DiCioccio, John Ryan (New York)

Ferruggia, Michael T. (New York)

Fisher, Louis K. (New York)

Furshpan, Daniel E (New York)

Gabor, Hope Senzer (New York)

Gannot, Shachar (New York)

Kapsalis, Leonard G. (New York)

Kobos, Dana (New York)

Medico, Jennifer Lynn (New York)

Messina, Vincent J. (New York)

Perillo, Lisa Angela (New York)

Petrany, Stephen John (New York)

Petre, Michael J (New York)

Sawyer, Laura W. (New York)

Attorney Contact Information via CourtListener

Documents in the Clearinghouse

Documents in this case

1 2:18-cv-03549	Complaint	June 18, 2018	June 18, 2018 Complaint
10 2:18-cv-03549	Request for Extension of Time to File Answer	June 21, 2018	June 21, 2018 Pleading / Motion / Brief
13 2:18-cv-03549	Second Request for Extension of Time to File Answer	Aug. 10, 2018	Aug. 10, 2018 Pleading / Motion / Brief
14 2:18-cv-03549	Suffolk County Board of Elections Answer to Complaint	Aug. 10, 2018	Aug. 10, 2018 Pleading / Motion / Brief
17 2:18-cv-03549	Answer and Affirmative Defenses of Town of Islip and Islip Town Board	Oct. 10, 2018	Oct. 10, 2018 Pleading / Motion / Brief
35 2:18-cv-03549	Notice of Motion for Preliminary Injunction	March 1, 2019	March 1, 2019 Pleading / Motion / Brief
36 2:18-cv-03549	Declaration of Andrew A. Beveridge, Ph.D.	March 1, 2019	March 1, 2019 Declaration/Affidavit
36-1 2:18-cv-03549	Ex. A - Expert Report of Andrew A. Beveridge, Ph.D.	March 1, 2019	March 1, 2019 Monitor/Expert/Receiver Report
37 2:18-cv-03549	Declaration of Michael D. McDonald, Ph.D.	March 1, 2019	March 1, 2019 Declaration/Affidavit
37-1 2:18-cv-03549	Ex. A - Expert Report of Michael D. McDonald, Ph.D.	March 1, 2019	March 1, 2019 Monitor/Expert/Receiver Report

show / hide documents

Docket

See docket on RECAP: https://www.courtlistener.com/docket/7207283/flores-v-town-of-islip/

Last updated July 1, 2026, 7:38 a.m.

ECF Number	Date	Description	Link
1	June 18, 2018	COMPLAINT against Islip Town Board, Suffolk County Board of Elections, Town of Islip filing fee $ 400, receipt number 0207-10518905, Was the Disclosure Statement on Civil Cover Sheet completed -No, filed by New York Communities For Change, Magali Roman, Ana Flores, Maria Magdalena Hernandez, Rene Flores, Make the Road New York. (Attachments: # 1 Civil Cover Sheet, # 2 Proposed Summons -Town of Islip, # 3 Proposed Summons -Islip Town Board, # 4 Proposed Summons -Suffolk County Board of Elections) (Laufer, Gregory) Modified on 6/19/2018 (Rodin, Deanna). (Entered: 06/18/2018) 1 Civil Cover Sheet View on PACER 2 Proposed Summons -Town of Islip View on PACER 3 Proposed Summons -Islip Town Board View on PACER 4 Proposed Summons -Suffolk County Board of Elections View on RECAP	Clearinghouse
2	June 18, 2018	Corporate Disclosure Statement by Make the Road New York, New York Communities For Change identifying Corporate Parent no parent corporation for Make the Road New York, New York Communities For Change. (Laufer, Gregory) (Entered: 06/18/2018)	RECAP
3	June 19, 2018	This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (Williams, Erica) (Additional attachment(s) added on 6/19/2018: # 1 Additional Corrections) (Rodin, Deanna). (Entered: 06/19/2018) 1 Additional Corrections View on PACER	RECAP
4	June 19, 2018	In accordance with Rule 73 of the Federal Rules of Civil Procedure and Local Rule 73.1, the parties are notified that if all parties consent a United States magistrate judge of this court is available to conduct all proceedings in this civil action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to the Notice is a blank copy of the consent form that should be filled out, signed and filed electronically only if all parties wish to consent. The form may also be accessed at the following link: http://www.uscourts.gov/uscourts/FormsAndFees/Forms/AO085.pdf. You may withhold your consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent. (Rodin, Deanna) (Entered: 06/19/2018)	RECAP
5	June 19, 2018	Summons Issued as to All Defendants. (Attachments: # 1 Summons Islip Town Board, # 2 Summons Suffolk County Board of Elections) (Rodin, Deanna) (Entered: 06/19/2018)	RECAP
	June 19, 2018	Case Assigned/Reassigned
	June 19, 2018	Case Assigned to Judge Arthur D. Spatt and Magistrate Judge Gary R. Brown. Please download and review the Individual Practices of the assigned Judges, located on our website. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. (Rodin, Deanna)
6	June 21, 2018	SUMMONS Returned Executed by New York Communities For Change, Magali Roman, Ana Flores, Maria Magdalena Hernandez, Rene Flores, Make the Road New York. Town of Islip served on 6/19/2018, answer due 7/10/2018. (Laufer, Gregory) (Entered: 06/21/2018)	RECAP
7	June 21, 2018	SUMMONS Returned Executed by New York Communities For Change, Magali Roman, Ana Flores, Maria Magdalena Hernandez, Rene Flores, Make the Road New York. Islip Town Board served on 6/19/2018, answer due 7/10/2018. (Laufer, Gregory) (Entered: 06/21/2018)	RECAP
8	June 21, 2018	SUMMONS Returned Executed by New York Communities For Change, Magali Roman, Ana Flores, Maria Magdalena Hernandez, Rene Flores, Make the Road New York. Suffolk County Board of Elections served on 6/19/2018, answer due 7/10/2018. (Laufer, Gregory) (Entered: 06/21/2018)	RECAP
9	June 21, 2018	NOTICE of Appearance by John Ryan DiCioccio on behalf of Islip Town Board, Town of Islip (aty to be noticed) (DiCioccio, John) (Entered: 06/21/2018)	RECAP
10	June 21, 2018	Letter MOTION for Extension of Time to File Answer or otherwise move by Islip Town Board, Town of Islip. (DiCioccio, John) (Entered: 06/21/2018)	Clearinghouse
	June 21, 2018	Incorrect Case/Document/Entry Information. The #11 Letter has been deleted from the above-referenced case as it was entered in error. The letter has been docketed in the correct case 17-CV-4291-JFB-SIL. (Coleman, Laurie)
	June 22, 2018	Electronic ORDER granting 10 Town Defendants' Motion for Extension of Time to Answer. The Town Defendants shall file a responsive pleading on or before 8/10/2018. So Ordered by Judge Arthur D. Spatt on 6/22/2018. (Roberts, Joshua)
11	July 12, 2018	NOTICE of Appearance by Leonard G. Kapsalis on behalf of Suffolk County Board of Elections (aty to be noticed) (Kapsalis, Leonard) (Entered: 07/12/2018)	RECAP
12	July 13, 2018	Letter MOTION for Extension of Time to File Answer to Complaint by Suffolk County Board of Elections. (Kapsalis, Leonard) (Entered: 07/13/2018)	RECAP
	July 14, 2018	Electronic ORDER granting 12 Motion for Extension of Time to Answer re 1 Complaint. Suffolk County Board of Elections' answer is due 8/10/2018. Ordered by Judge Arthur D. Spatt on 7/14/2018. (Roberts, Joshua)
13	Aug. 10, 2018	Letter MOTION for Extension of Time to File Answer by Islip Town Board, Town of Islip. (DiCioccio, John) (Entered: 08/10/2018)	Clearinghouse
14	Aug. 10, 2018	ANSWER to 1 Complaint,, by Suffolk County Board of Elections. (Kapsalis, Leonard) (Entered: 08/10/2018)	Clearinghouse
	Aug. 11, 2018	Electronic ORDER granting 13 Motion for Extension of Time to Answer. Islip Town Board answer due 10/10/2018; Town of Islip answer due 10/10/2018. So Ordered by Judge Arthur D. Spatt on 8/11/2018. (Roberts, Joshua)
15	Oct. 10, 2018	NOTICE of Appearance by Louis K. Fisher on behalf of Islip Town Board, Town of Islip (aty to be noticed) (Fisher, Louis) (Entered: 10/10/2018)	RECAP
16	Oct. 10, 2018	NOTICE of Appearance by Michael T. Ferruggia on behalf of Islip Town Board, Town of Islip (aty to be noticed) (Ferruggia, Michael) (Entered: 10/10/2018)	RECAP
17	Oct. 10, 2018	ANSWER to 1 Complaint,, by Islip Town Board, Town of Islip. (Fisher, Louis) (Entered: 10/10/2018)	Clearinghouse
18	Oct. 11, 2018	NOTICE of Appearance by Michael A. Carvin on behalf of Islip Town Board, Town of Islip (aty to be noticed) (Carvin, Michael) (Entered: 10/11/2018)	RECAP
19	Oct. 31, 2018	SCHEDULING ORDER: Initial Conference set for 12/5/2018 11:30 AM in Courtroom 840 before Magistrate Judge Gary R. Brown. See order for instructions.Ordered by Magistrate Judge Gary R. Brown on 10/31/2018. (McMorrow, Karen) (Entered: 10/31/2018)	RECAP
20	Nov. 30, 2018	MOTION to Appear by Telephone at initial conference on December 5, 2018 by out-of-town defense counsel by Islip Town Board, Town of Islip. (Fisher, Louis) (Entered: 11/30/2018)	RECAP
	Dec. 3, 2018	ORDER granting 20 Motion to Appear by Telephone; SCHEDULING ORDER: The Central Islip Courthouse will be closed on 12/5/2018 in Observance of the National Day of Mourning for President Herbert Walker Bush. Accordingly the 12/5/2018 Initial Conference is rescheduled for 12/11/2018 at 12:00 PM in Courtroom 840 before Magistrate Judge Gary R. Brown. Should this be an inconvenient date the parties may submit a letter with three agreeable dates to reschedule. Ordered by Magistrate Judge Gary R. Brown on 12/3/2018. (McMorrow, Karen)
	Dec. 11, 2018	Minute Entry for proceedings held before Magistrate Judge Gary R. Brown:Initial Conference Hearing held on 12/11/2018. APPEARANCES: FREDERICK K. BREWINGTON, TRICIA S. LINDSEY, MICHAEL PERNICK, GREG LAUFER, RANDOLPH McLAUGHLIN for plaintiffs; For Defendants: JOHN DiCIOCCIO, LISA PERILLO, LEONARD G. KAPSALIS, by telephone LOUIS K. FISHER, MICHAEL T. FERRUGGIA. Discovery order entered. Parties will report back to the court in February. (FTR Log #12:00-1:08.) (McMorrow, Karen)
21	Dec. 13, 2018	NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on December 11, 2018, before Magistrate Judge Gary R. Brown. Transcriber TypeWrite Word Processing Service, Telephone number 518-581-8973. Email address: transcripts@typewp.com. Transcript may be viewed at the court public terminal or purchased through the Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 1/3/2019. Redacted Transcript Deadline set for 1/14/2019. Release of Transcript Restriction set for 3/13/2019. (Kanellopoulos, John) (Entered: 12/13/2018)	RECAP
	Dec. 14, 2018	Initial Conference Hearing
	Dec. 14, 2018	Docket Call
22	Dec. 20, 2018	DISCOVERY SCHEDULING ORDER: Discovery deadlines have been set. Status Conference set for 4/24/2019 11:00 AM in Courtroom 840 before Magistrate Judge Gary R. Brown. Discovery due by 6/21/2019. See order for details. Ordered by Magistrate Judge Gary R. Brown on 12/20/2018. (McMorrow, Karen) VACATED pursuant to 51 Order of Judge Arthur D. Spatt. This entry has been modified on 3/7/2019 to indicate order 22 has been vacated (Coleman, Laurie). (Entered: 12/20/2018)	RECAP
23	Jan. 7, 2019	NOTICE of Appearance by Daniel E Furshpan on behalf of All Defendants (aty to be noticed) (Furshpan, Daniel) (Entered: 01/07/2019)	RECAP
24	Jan. 7, 2019	Letter MOTION to Withdraw as Attorney Leonard G. Kapsalis by Suffolk County Board of Elections. (Furshpan, Daniel) (Entered: 01/07/2019)	RECAP
25	Jan. 7, 2019	Letter MOTION for Extension of Time to File Response/Reply To Subpoena by Suffolk County Board of Elections. (Attachments: # 1 Exhibit Subpoena) (Furshpan, Daniel) (Entered: 01/07/2019)	RECAP
26	Jan. 7, 2019	RESPONSE to Motion re 25 Letter MOTION for Extension of Time to File Response/Reply To Subpoena filed by Ana Flores, Rene Flores, Maria Magdalena Hernandez, Make the Road New York, New York Communities For Change, Magali Roman. (Laufer, Gregory) (Entered: 01/07/2019)	RECAP
27	Jan. 8, 2019	ORDER granting 24 motion to terminate Leonard G. Kapsalis. Attorney Leonard G. Kapsalis terminated. So Ordered by Judge Arthur D. Spatt on 1/8/2019. (Coleman, Laurie) (Entered: 01/08/2019)	RECAP
	Jan. 9, 2019	ELECTRONIC ORDER denying 25 Motion for Extension of Time to File Response/Reply. Application denied. It is clear from the application and response that the parties have not had a meaningful meet and confer prior to filing this application. Local Rule 37.3 and the undersigned's individual rules require the attorneys for the parties to confer in good faith in person or by telephone in an effort to resolve and/or narrow these issues prior to seeking judicial intervention. Such a meet and confer requires actual human contact as well as a clear indication of the movant's intended application to the court should the meet and confer fail to resolve such issues. Ordered by Magistrate Judge Gary R. Brown on 1/9/2019. c/ecf (Gilpin, Daniel)
28	Jan. 16, 2019	Letter to respectfully advise the Court that the scheduling order dated December 20, 2018, incorrectly states two deadlines by Islip Town Board, Town of Islip (Carvin, Michael) (Entered: 01/16/2019)	RECAP
29	Jan. 17, 2019	STIPULATION Regarding Production of Electronically Stored Information and Hard Copy Documents by Islip Town Board, Town of Islip (Attachments: # 1 Proposed Order) (Ferruggia, Michael) (Entered: 01/17/2019)	RECAP
30	Jan. 18, 2019	Letter Response to 1/16/19 Letter by Ana Flores, Rene Flores, Maria Magdalena Hernandez, Make the Road New York, New York Communities For Change, Magali Roman (Laufer, Gregory) (Entered: 01/18/2019)	RECAP
	Jan. 18, 2019	ELECTRONIC ORDER re 29 Stipulation filed by Town of Islip, Islip Town Board. Application granted. The parties' proposed Stipulation and Order Regarding Production of Electronically Stored Information and Hard Copy Documents is hereby SO ORDERED. Ordered by Magistrate Judge Gary R. Brown on 1/18/2019. c/ecf (Gilpin, Daniel)
31	Feb. 13, 2019	Letter MOTION for pre motion conference / Joint Letter Motion Requesting a Scheduling Conference for Preliminary Injunction Proceedings by Ana Flores, Rene Flores, Maria Magdalena Hernandez, Make the Road New York, New York Communities For Change, Magali Roman. (Nemetz, Amy) (Entered: 02/13/2019)	RECAP
32	Feb. 13, 2019	NOTICE of Appearance by Jennifer Lynn Del Medico on behalf of Islip Town Board, Town of Islip (aty to be noticed) (Del Medico, Jennifer) (Entered: 02/13/2019)	RECAP
33	Feb. 14, 2019	ORDER granting 31 Joint Letter Motion Requesting a Scheduling Conference for Preliminary Injunction Proceedings. The Court approves the parties' proposed briefing schedule for the Plaintiff'' motion for a preliminary injunction. Further, a hearing has been scheduled before the undersigned for Monday, May 13, 2019 at 9:30 a.m. in Courtroom 1020 of the Central Islip courthouse. The parties shall appear prepared to call witnesses and introduce evidence. Adjournment of this hearing shall be granted for good cause only. Please note that the Court does not conduct hearings on Fridays. Each party will have the opportunity to file a post-hearing brief on or before May 28, 2019. So Ordered by Judge Arthur D. Spatt on 2/14/2019. (Coleman, Laurie) (Entered: 02/14/2019)	RECAP
34	March 1, 2019	Letter MOTION to Vacate /Joint Letter Motion to vacate the Discovery Scheduling Order and increase the page length for the parties' memoranda of law in support of and opposition to the motion for a preliminary injunction by Islip Town Board. (Attachments: # 1 Proposed Order Proposed Order vacating the Discovery Scheduling Order and increasing the page length for the parties' memoranda of law in support of and opposition to the motion for a preliminary injunction) (Del Medico, Jennifer) (Entered: 03/01/2019)	RECAP
35	March 1, 2019	Notice of MOTION for Preliminary Injunction by Ana Flores, Rene Flores, Maria Magdalena Hernandez, Make the Road New York, New York Communities For Change, Magali Roman. (Attachments: # 1 Certificate of Service) (Laufer, Gregory) (Entered: 03/01/2019) 1 Certificate of Service View on PACER	Clearinghouse
36	March 1, 2019	AFFIDAVIT/DECLARATION in Support re 35 Notice of MOTION for Preliminary Injunction / Declaration of Andrew A. Beveridge, Ph.D. filed by Ana Flores, Rene Flores, Maria Magdalena Hernandez, Make the Road New York, New York Communities For Change, Magali Roman. (Attachments: # 1 Exhibit A) (Laufer, Gregory) (Entered: 03/01/2019) 1 Exhibit A View on RECAP	Clearinghouse
37	March 1, 2019	AFFIDAVIT/DECLARATION in Support re 35 Notice of MOTION for Preliminary Injunction / Declaration of Michael D. McDonald, Ph.D. filed by Ana Flores, Rene Flores, Maria Magdalena Hernandez, Make the Road New York, New York Communities For Change, Magali Roman. (Attachments: # 1 Exhibit A) (Laufer, Gregory) (Entered: 03/01/2019) 1 Exhibit A View on RECAP	Clearinghouse
38	March 1, 2019	AFFIDAVIT/DECLARATION in Support re 35 Notice of MOTION for Preliminary Injunction / Declaration of John R. Logan, Ph.D. filed by Ana Flores, Rene Flores, Maria Magdalena Hernandez, Make the Road New York, New York Communities For Change, Magali Roman. (Attachments: # 1 Exhibit A) (Laufer, Gregory) (Entered: 03/01/2019) 1 Exhibit A View on RECAP	Clearinghouse
39	March 1, 2019	AFFIDAVIT/DECLARATION in Support re 35 Notice of MOTION for Preliminary Injunction / Declaration of Daniel Altschuler filed by Ana Flores, Rene Flores, Maria Magdalena Hernandez, Make the Road New York, New York Communities For Change, Magali Roman. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M, # 14 Exhibit N, # 15 Exhibit O, # 16 Exhibit P, # 17 Exhibit Q, # 18 Exhibit R, # 19 Exhibit S, # 20 Exhibit T, # 21 Exhibit U, # 22 Exhibit V, # 23 Exhibit W, # 24 Exhibit X, # 25 Exhibit Y, # 26 Exhibit Z, # 27 Exhibit AA, # 28 Exhibit BB) (Laufer, Gregory) (Entered: 03/01/2019) 1 Exhibit A View on RECAP 2 Exhibit B View on RECAP 3 Exhibit C View on RECAP 4 Exhibit D View on RECAP 5 Exhibit E View on RECAP 6 Exhibit F View on RECAP 7 Exhibit G View on RECAP 8 Exhibit H View on RECAP 9 Exhibit I View on RECAP 10 Exhibit J View on RECAP 11 Exhibit K View on RECAP 12 Exhibit L View on RECAP 13 Exhibit M View on RECAP 14 Exhibit N View on RECAP 15 Exhibit O View on RECAP 16 Exhibit P View on RECAP 17 Exhibit Q View on RECAP 18 Exhibit R View on RECAP 19 Exhibit S View on RECAP 20 Exhibit T View on RECAP 21 Exhibit U View on RECAP 22 Exhibit V View on RECAP 23 Exhibit W View on RECAP 24 Exhibit X View on RECAP 25 Exhibit Y View on RECAP 26 Exhibit Z View on RECAP 27 Exhibit AA View on RECAP 28 Exhibit BB View on RECAP	Clearinghouse
40	March 1, 2019	AFFIDAVIT/DECLARATION in Support re 35 Notice of MOTION for Preliminary Injunction / Declaration of Lucas Sanchez filed by Ana Flores, Rene Flores, Maria Magdalena Hernandez, Make the Road New York, New York Communities For Change, Magali Roman. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L) (Laufer, Gregory) (Entered: 03/01/2019) 1 Exhibit A View on RECAP 2 Exhibit B View on RECAP 3 Exhibit C View on RECAP 4 Exhibit D View on RECAP 5 Exhibit E View on RECAP 6 Exhibit F View on RECAP 7 Exhibit G View on RECAP 8 Exhibit H View on RECAP 9 Exhibit I View on RECAP 10 Exhibit J View on RECAP 11 Exhibit K View on RECAP 12 Exhibit L View on RECAP	Clearinghouse
41	March 1, 2019	AFFIDAVIT/DECLARATION in Support re 35 Notice of MOTION for Preliminary Injunction / Declaration of Walter Alfredo Barrientos Perez filed by Ana Flores, Rene Flores, Maria Magdalena Hernandez, Make the Road New York, New York Communities For Change, Magali Roman. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M, # 14 Exhibit N, # 15 Exhibit O, # 16 Exhibit P) (Laufer, Gregory) (Entered: 03/01/2019) 1 Exhibit A View on RECAP 2 Exhibit B View on RECAP 3 Exhibit C View on RECAP 4 Exhibit D View on RECAP 5 Exhibit E View on RECAP 6 Exhibit F View on RECAP 7 Exhibit G View on RECAP 8 Exhibit H View on RECAP 9 Exhibit I View on RECAP 10 Exhibit J View on RECAP 11 Exhibit K View on RECAP 12 Exhibit L View on RECAP 13 Exhibit M View on RECAP 14 Exhibit N View on RECAP 15 Exhibit O View on RECAP 16 Exhibit P View on RECAP	Clearinghouse
42	March 1, 2019	AFFIDAVIT/DECLARATION in Support re 35 Notice of MOTION for Preliminary Injunction / Declaration of Ana Flores filed by Ana Flores, Rene Flores, Maria Magdalena Hernandez, Make the Road New York, New York Communities For Change, Magali Roman. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H) (Laufer, Gregory) (Entered: 03/01/2019)	RECAP
43	March 1, 2019	AFFIDAVIT/DECLARATION in Support re 35 Notice of MOTION for Preliminary Injunction / Declaration of Magali Roman filed by Ana Flores, Rene Flores, Maria Magdalena Hernandez, Make the Road New York, New York Communities For Change, Magali Roman. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D) (Laufer, Gregory) (Entered: 03/01/2019) 1 Exhibit A View on RECAP 2 Exhibit B View on RECAP 3 Exhibit C View on RECAP 4 Exhibit D View on RECAP	Clearinghouse
44	March 1, 2019	AFFIDAVIT/DECLARATION in Support re 35 Notice of MOTION for Preliminary Injunction / Declaration of Phil Ramos filed by Ana Flores, Rene Flores, Maria Magdalena Hernandez, Make the Road New York, New York Communities For Change, Magali Roman. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G) (Laufer, Gregory) (Entered: 03/01/2019) 1 Exhibit A View on RECAP 2 Exhibit B View on RECAP 3 Exhibit C View on RECAP 4 Exhibit D View on RECAP 5 Exhibit E View on RECAP 6 Exhibit F View on RECAP 7 Exhibit G View on RECAP	Clearinghouse
45	March 1, 2019	AFFIDAVIT/DECLARATION in Support re 35 Notice of MOTION for Preliminary Injunction / Declaration of Renee Ortiz filed by Ana Flores, Rene Flores, Maria Magdalena Hernandez, Make the Road New York, New York Communities For Change, Magali Roman. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J) (Laufer, Gregory) (Entered: 03/01/2019) 1 Exhibit A View on RECAP 2 Exhibit B View on RECAP 3 Exhibit C View on RECAP 4 Exhibit D View on RECAP 5 Exhibit E View on RECAP 6 Exhibit F View on RECAP 7 Exhibit G View on RECAP 8 Exhibit H View on RECAP 9 Exhibit I View on RECAP 10 Exhibit J View on RECAP	Clearinghouse
46	March 1, 2019	AFFIDAVIT/DECLARATION in Support re 35 Notice of MOTION for Preliminary Injunction / Declaration of Samuel Gonzalez filed by Ana Flores, Rene Flores, Maria Magdalena Hernandez, Make the Road New York, New York Communities For Change, Magali Roman. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C) (Laufer, Gregory) (Entered: 03/01/2019) 1 Exhibit A View on RECAP 2 Exhibit B View on RECAP 3 Exhibit C View on RECAP	Clearinghouse
47	March 1, 2019	AFFIDAVIT/DECLARATION in Support re 35 Notice of MOTION for Preliminary Injunction / Declaration of Ricardo Montano filed by Ana Flores, Rene Flores, Maria Magdalena Hernandez, Make the Road New York, New York Communities For Change, Magali Roman. (Attachments: # 1 Exhibit A, # 2 Exhibit B) (Laufer, Gregory) (Entered: 03/01/2019) 1 Exhibit A View on RECAP 2 Exhibit B View on RECAP	Clearinghouse
48	March 1, 2019	AFFIDAVIT/DECLARATION in Support re 35 Notice of MOTION for Preliminary Injunction / Declaration of William Garbarino filed by Ana Flores, Rene Flores, Maria Magdalena Hernandez, Make the Road New York, New York Communities For Change, Magali Roman. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit I, # 9 Exhibit J, # 10 Exhibit L, # 11 Exhibit M, # 12 Exhibit N) (Laufer, Gregory) (Entered: 03/01/2019) 1 Exhibit A View on RECAP 2 Exhibit B View on RECAP 3 Exhibit C View on RECAP 4 Exhibit D View on RECAP 5 Exhibit E View on RECAP 6 Exhibit F View on RECAP 7 Exhibit G View on RECAP 8 Exhibit I View on RECAP 9 Exhibit J View on RECAP 10 Exhibit L View on RECAP 11 Exhibit M View on RECAP 12 Exhibit N View on RECAP	Clearinghouse
49	March 1, 2019	AFFIDAVIT/DECLARATION in Support re 35 Notice of MOTION for Preliminary Injunction / Declaration of Gregory F. Laufer filed by Ana Flores, Rene Flores, Maria Magdalena Hernandez, Make the Road New York, New York Communities For Change, Magali Roman. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E) (Laufer, Gregory) (Entered: 03/01/2019) 1 Exhibit A View on RECAP 2 Exhibit B View on RECAP 3 Exhibit C View on RECAP 4 Exhibit D View on RECAP 5 Exhibit E View on RECAP	Clearinghouse
50	March 1, 2019	MEMORANDUM in Support re 35 Notice of MOTION for Preliminary Injunction filed by Ana Flores, Rene Flores, Maria Magdalena Hernandez, Make the Road New York, New York Communities For Change, Magali Roman. (Laufer, Gregory) (Entered: 03/01/2019)	Clearinghouse
51	March 4, 2019	ORDER granting 34 Motion to Vacate. IT IS HEREBY ORDERED that for good cause shown, the Discovery Scheduling Order is hereby vacated. IT IS FURTHER ORDERED that the parties memoranda of law in support of and opposition to the motion for a preliminary injunction may exceed twenty-five (25) pages, but shall be no longer than thirty (30) pages in length. So Ordered by Judge Arthur D. Spatt on 3/4/2019. (Coleman, Laurie) (Entered: 03/06/2019)	RECAP
	March 5, 2019	ELECTRONIC ORDER: Due to an unforeseen pressing schedule conflict, the Court modifies the briefing schedule for 35 the Motion for Preliminary Injunction as follows: The Defendants shall file their opposition brief and supporting affidavits and declarations on or before April 4, 2019. Further, a hearing has been re-scheduled before the undersigned for Tuesday, April 9, 2019 at 9:30 a.m. in Courtroom 1020 of the Central Islip courthouse. The parties shall appear prepared to call witnesses and introduce evidence. Adjournment of this hearing shall be granted for exigent circumstances only. Please note that the Court does not conduct hearings on Fridays. Each party will have the opportunity to file a post-hearing brief on or before April 30, 2019. Ordered by Judge Arthur D. Spatt on 3/5/2019. (Roberts, Joshua)
	March 5, 2019	~Util - Set Deadlines/Hearings
52	March 13, 2019	MOTION to Appear Pro Hac Vice Filing fee $ 150, receipt number ANYEDC-11281932. by Ana Flores, Rene Flores, Maria Magdalena Hernandez, Make the Road New York, New York Communities For Change, Magali Roman. (Attachments: # 1 Affidavit of Sara E. Hershman, # 2 Certificate of Good Standing, # 3 Proposed Order) (Hershman, Sara) (Entered: 03/13/2019)	RECAP
53	March 13, 2019	NOTICE of Appearance by Rachael Schuman on behalf of Ana Flores, Rene Flores, Maria Magdalena Hernandez, Make the Road New York, New York Communities For Change, Magali Roman (aty to be noticed) (Schuman, Rachael) (Entered: 03/13/2019)	RECAP
54	March 13, 2019	NOTICE of Appearance by Alexander Franklin Atkins on behalf of Ana Flores, Rene Flores, Maria Magdalena Hernandez, Make the Road New York, New York Communities For Change, Magali Roman (aty to be noticed) (Atkins, Alexander) (Entered: 03/13/2019)	RECAP
55	March 13, 2019	Letter MOTION to Adjourn Conference (Hearing) by Ana Flores, Rene Flores, Maria Magdalena Hernandez, Make the Road New York, New York Communities For Change, Magali Roman. (Laufer, Gregory) (Entered: 03/13/2019)	RECAP
56	March 13, 2019	RESPONSE in Opposition re 55 Letter MOTION to Adjourn Conference (Hearing) filed by Suffolk County Board of Elections. (Furshpan, Daniel) (Entered: 03/13/2019)	RECAP
57	March 14, 2019	Letter in response to Plaintiffs letter to the Court dated March 13, 2019, seeking an adjournment of the hearing by Islip Town Board, Town of Islip (Del Medico, Jennifer) (Entered: 03/14/2019)	RECAP
58	March 15, 2019	MOTION to Appear Pro Hac Vice Filing fee $ 150, receipt number ANYEDC-11292647. by Ana Flores, Rene Flores, Maria Magdalena Hernandez, Make the Road New York, New York Communities For Change, Magali Roman. (Attachments: # 1 Affidavit of Jeffrey G. Mudd, # 2 Certificate of Good Standing, # 3 Proposed Order) (Mudd, Jeffrey) (Entered: 03/15/2019)	RECAP
59	March 15, 2019	MOTION to Appear Pro Hac Vice Filing fee $ 150, receipt number ANYEDC-11292682. by Ana Flores, Rene Flores, Maria Magdalena Hernandez, Make the Road New York, New York Communities For Change, Magali Roman. (Attachments: # 1 Affidavit of Theodore Galanakis, # 2 Certificate of Good Standing, # 3 Proposed Order) (Galanakis, Theodore) (Entered: 03/15/2019)	RECAP
	March 15, 2019	ELECTRONIC ORDER denying the Plaintiffs 55 request for an adjournment of the hearing on Plaintiffs Motion for a Preliminary Injunction. The Courts docket does not allow for the postponement of the hearing. It shall take place, as scheduled, on April 9, 2019 at 9:30 a.m. in Courtroom 1020 of the Central Islip courthouse. Further, the parties are to meet & confer and submit a joint proposed preliminary injunction discovery schedule on or before March 18, 2019. If the parties fail to agree on a joint proposed discovery schedule, they are to appear in person before Magistrate Judge Gary R. Brown on Tuesday, March 19, 2019 at 10:00 a.m. in Courtroom 840 to resolve the remaining discovery disputes prior to the hearing. Ordered by Judge Arthur D. Spatt on 3/15/2019. (Roberts, Joshua)
	March 15, 2019	Order on Motion to Adjourn Conference
60	March 18, 2019	Letter MOTION for Discovery before the preliminary injunction hearing by Islip Town Board. (Del Medico, Jennifer) (Entered: 03/18/2019)	RECAP
61	March 19, 2019	AFFIDAVIT/DECLARATION in Support re 52 MOTION to Appear Pro Hac Vice Filing fee $ 150, receipt number ANYEDC-11281932. filed by Ana Flores, Rene Flores, Maria Magdalena Hernandez, Make the Road New York, New York Communities For Change, Magali Roman. (Attachments: # 1 Certificate of Good Standing) (Hershman, Sara) (Entered: 03/19/2019)	RECAP
62	March 19, 2019	AFFIDAVIT/DECLARATION in Support re 59 MOTION to Appear Pro Hac Vice Filing fee $ 150, receipt number ANYEDC-11292682. filed by Ana Flores, Rene Flores, Maria Magdalena Hernandez, Make the Road New York, New York Communities For Change, Magali Roman. (Attachments: # 1 Certificate of Good Standing) (Galanakis, Theodore) (Entered: 03/19/2019)	RECAP
	March 19, 2019	Minute Entry for proceedings held before Magistrate Judge Gary R. Brown:Discovery Hearing held on 3/19/2019. APPEARANCES: Frederick K. Brewington for plaintiff; Jennifer Del Medico ; John Ryan DiCioccio; Daniel E Furshpan for defendants. Discovery rulings placed on the record. (FTR Log #11:00-12:01.) (McMorrow, Karen)
	March 19, 2019	ORDER granting 60 Motion for Discovery, ruling on record 3/19/2019 conference. Ordered by Magistrate Judge Gary R. Brown on 3/19/2019. (McMorrow, Karen)
63	March 20, 2019	AFFIDAVIT/DECLARATION in Support re 58 MOTION to Appear Pro Hac Vice Filing fee $ 150, receipt number ANYEDC-11292647. filed by Ana Flores, Rene Flores, Maria Magdalena Hernandez, Make the Road New York, New York Communities For Change, Magali Roman. (Attachments: # 1 Certificate of Good Standing) (Mudd, Jeffrey) (Entered: 03/20/2019)	RECAP
	March 20, 2019	Order on Motion for Leave to Appear Pro Hac Vice
	March 20, 2019	ELECTRONIC ORDER granting 58 Motion for Leave to Appear Pro Hac Vice The attorney shall register for ECF, registration is available online at www.pacer.gov. Once registered, the attorney shall file a notice of appearance and ensure that s/he receives electronic notification of activity in this case. Also, the attorney shall ensure that the 150 admission fee be submitted to the Clerks Office via filing the event Pro Hac Vice Filing Fee . Ordered by Magistrate Judge Gary R. Brown on 3/20/2019. C/ECF (Johnston, Linda)
	March 20, 2019	ELECTRONIC ORDER granting 59 Motion for Leave to Appear Pro Hac Vice The attorney shall register for ECF, registration is available online at www.pacer.gov. Once registered, the attorney shall file a notice of appearance and ensure that s/he receives electronic notification of activity in this case. Also, the attorney shall ensure that the 150 admission fee be submitted to the Clerks Office via filing the event Pro Hac Vice Filing Fee . Ordered by Magistrate Judge Gary R. Brown on 3/20/2019. C/ECF (Johnston, Linda)
64	March 21, 2019	NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on March 19, 2019, before Mag. Judge Gary R. Brown. Transcriber Tracy Gribben Transcription, LLC, Telephone number 732-263-0044. Email address: Tracy@tgribbentranscription.com. Transcript may be viewed at the court public terminal or purchased through the Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 4/11/2019. Redacted Transcript Deadline set for 4/22/2019. Release of Transcript Restriction set for 6/19/2019. (Cox, Dwayne) (Entered: 03/21/2019)	Clearinghouse
65	March 21, 2019	NOTICE of Appearance by Jeffrey Mudd on behalf of Ana Flores, Rene Flores, Maria Magdalena Hernandez, Make the Road New York, New York Communities For Change, Magali Roman (notification declined or already on case) (Mudd, Jeffrey) (Entered: 03/21/2019)	RECAP
66	March 21, 2019	NOTICE of Appearance by Theodore M. Galanakis on behalf of Ana Flores, Rene Flores, Maria Magdalena Hernandez, Make the Road New York, New York Communities For Change, Magali Roman (notification declined or already on case) (Galanakis, Theodore) (Entered: 03/21/2019)	RECAP
67	March 21, 2019	NOTICE of Appearance by Sara Elise Hershman on behalf of Ana Flores, Rene Flores, Maria Magdalena Hernandez, Make the Road New York, New York Communities For Change, Magali Roman (notification declined or already on case) (Hershman, Sara) (Entered: 03/21/2019)	RECAP
	March 21, 2019	Order on Motion for Discovery
68	March 22, 2019	Letter re Deposition Scheduling Dispute by Ana Flores, Rene Flores, Maria Magdalena Hernandez, Make the Road New York, New York Communities For Change, Magali Roman (Pernick, Michael) (Entered: 03/22/2019)	RECAP
69	March 22, 2019	Letter requesting Order of Engagement by Ana Flores, Rene Flores, Maria Magdalena Hernandez, Make the Road New York, New York Communities For Change, Magali Roman (Brewington, Frederick) (Entered: 03/22/2019)	RECAP
	March 22, 2019	Order(Other)
	March 22, 2019	Order
	March 22, 2019	ELECTRONIC ORDER re 68 Letter. Defendants are directed to file a response to DE 68 on or before 12:00 pm on Monday 03/25/2019. Ordered by Magistrate Judge Gary R. Brown on 3/22/2019. c/ecf (Gilpin, Daniel)
70	March 25, 2019	Letter in response to Plaintiffs' letter dated March 22, 2019 (DE #68) by Islip Town Board, Town of Islip (Del Medico, Jennifer) (Entered: 03/25/2019)	RECAP
71	March 25, 2019	ORDER re 69 letter requesting order of engagement. Frederick K. Brewington, Esq. is directed to appear before the Court beginning on April 9, 2019 for the scheduled preliminary injunction hearing and shall continue to do so until the hearing is terminated. So Ordered by Judge Arthur D. Spatt on 3/25/2019. (Coleman, Laurie) (Entered: 03/25/2019)	RECAP
72	March 25, 2019	NOTICE of Appearance by Laura W. Sawyer on behalf of Islip Town Board, Town of Islip (aty to be noticed) (Sawyer, Laura) (Entered: 03/25/2019)	RECAP
	March 25, 2019	ELECTRONIC ORDER re 70 Letter filed by Town of Islip, Islip Town Board, 68 Letter filed by Maria Magdalena Hernandez, Magali Roman, Ana Flores, Rene Flores, Make the Road New York, New York Communities For Change. Application denied. It is clear from the application and response that the parties have not had a meaningful meet and confer prior to filing this application. Local Rule 37.3 and the undersigned's individual rules require the attorneys for the parties to confer in good faith in person or by telephone in an effort to resolve and/or narrow these issues prior to seeking judicial intervention. Such a meet and confer requires actual human contact, as well as a clear indication of the movant's intended application to the court should the meet and confer fail to resolve such issues.Moreover, counsel are reminded of their obligation of professional cooperation and courtesy, and are directed to Local Rule 26.4 "Cooperation Among Counsel in Discovery." The parties are directed to meet and confer and file a joint letter before 5:00 pm on 03/26/2019 of what, if any, issues remain. Ordered by Magistrate Judge Gary R. Brown on 3/25/2019. c/ecf (Gilpin, Daniel)
73	March 26, 2019	NOTICE of Appearance by Lisa Angela Perillo on behalf of Islip Town Board, Town of Islip (aty to be noticed) (Perillo, Lisa) (Entered: 03/26/2019)	RECAP
74	March 26, 2019	NOTICE of Appearance by Hope Senzer Gabor on behalf of Suffolk County Board of Elections (aty to be noticed) (Gabor, Hope) (Entered: 03/26/2019)	RECAP

show / hide docket entries

Case Details

State / Territory:

New York

Case Type(s):

Election/Voting Rights

Special Collection(s):

Law Firm Antiracism Alliance (LFAA) project

Key Dates

Filing Date: June 18, 2018

Closing Date: Oct. 14, 2020

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Plaintiff Make the Road New York (“MRNY”) is an organization registered under 26 U.S.C. § 501(c)(3) of the Internal Revenue Code. MRNY’s mission is to build the power of Latino and working-class communities to achieve dignity and justice through organizing, policy innovation, transformative education, and survival services. Plaintiff New York Communities for Change (“NYCC”) is an organization registered under 26 U.S.C. § 501(c)(4) of the Internal Revenue Code. NYCC’s mission is to use direct action to defend and uplift its members’ communities and fight back against racist structures and economic policies that continue to extract wealth from its members’ communities and neighborhoods. Remaining Plaintiffs were members of Islip’s large and minority Latino community that made up almost 1/3 of the town's population.

Plaintiff Type(s):

Non-profit NON-religious organization

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

City

Town of Islip

Defendant Type(s):

Jurisdiction-wide

Case Details