Case: Mcmurray v. Mohr

COMPLAINT against Ralph M. Mohr, Jeremy Zellner $ 400 receipt number 0209-3860610, filed by Nate McMurray, Ronald Coons, Pauline Grabeki. (Attachments: # 1 Civil Cover Sheet)(Dubs, Joshua) (Entered: 06/09/2020)

1 Civil Cover Sheet

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MOTION to appear pro hac vice ( Filing fee $ 200 receipt number 0209-3860618.) by Ronald Coons, Pauline Grabeki, Nate McMurray. (Attachments: # 1 Attorney's Oath, # 2 Electronic Registration Form, # 3 Other Court Status Sheer, # 4 Oath, # 5 Affidavit in Support of Pro Hac Vice)(Dubs, Joshua) (Entered: 06/09/2020)

MOTION to Expedite by Ronald Coons, Pauline Grabeki, Nate McMurray. (Attachments: # 1 Declaration, # 2 Text of Proposed Order)(Dubs, Joshua) (Entered: 06/09/2020)

NOTICE of Appearance by Charles W. Malcomb, II on behalf of All Defendants (Malcomb, Charles) (Entered: 06/09/2020)

Minute Entryfor proceedings held before Hon. Lawrence J. Vilardo: Oral Argument re: 3 MOTION to Expedite held on 6/9/2020. Court ordered that this proceeding is not to be recorded, or taped in any way. If someone does record it, they will be found in contempt of court. Court granted in part 2 Motion to appear pro hac vice for the limited purpose of having Attorney Arthur Schwartz argue at this hearing and took the remainder of that motion under advisement. Court set briefing schedule as stated on the record. Appearances by teleconference: For plaintiff: Joshua E. Dubs and Arthur Z. Schwartz. For defendants: Jeremy Toth and Aaron M. Saykin. (Court Reporter Megan Pelka.) (CMD) (Entered: 06/10/2020)

Case assigned to Hon. Lawrence J. Vilardo. Notification to Chambers of on-line civil case opening. (CGJ)

AUTOMATIC REFERRAL to Mediation The ADR Plan is available for download at http://www.nywd.uscourts.gov/alternative-dispute-resolution.(CGJ)

Notice of Availability of Magistrate Judge: A United States Magistrate of this Court is available to conduct all proceedings in this civil action in accordance with 28 U.S.C. 636c and FRCP 73. The Notice, Consent, and Reference of a Civil Action to a Magistrate Judge form (AO-85) is available for download at http://www.uscourts.gov/services-forms/forms. (CGJ)

TEXT ORDER: The parties shall appear for oral argument at 04:15 pm on 06/09/2020 before Hon. Lawrence J. Vilardo. SO ORDERED. Issued by Hon. Lawrence J. Vilardo on 06/09/2020. PLEASE NOTE: The proceeding described herein will be held remotely. Public access to the proceeding can be obtained by viewing Judge Vilardo's calendar on the public website at www.nywd.uscourts.gov, or by contacting Judge Vilardo's chambers at (716) 551-1621.(CEH)

NOTICE of Appearance by Daniel A. Spitzer on behalf of Ralph M. Mohr, Jeremy Zellner (Spitzer, Daniel) (Entered: 06/10/2020)

NOTICE of Appearance by Aaron M. Saykin on behalf of Ralph M. Mohr, Jeremy Zellner (Saykin, Aaron) (Entered: 06/10/2020)

TEXT ORDER re 3 MOTION to Expedite filed by Pauline Grabeki, Ronald Coons, Nate McMurray. The plaintiffs shall file a memorandum of law in support of their motion before 12:01 a.m. on 6/10/2020. The defendants shall respond before 12:01 a.m. on 6/11/2020. The plaintiffs shall reply before 12:01 p.m. on 6/11/2020. SO ORDERED. Issued by Hon. Lawrence J. Vilardo on 6/9/2020. (RFI) (Entered: 06/10/2020)

MEMORANDUM in Support re 3 MOTION to Expedite filed by Ronald Coons, Pauline Grabeki, Nate McMurray. (Attachments: # 1 Appendix A-1, # 2 Appendix A-2, # 3 Appendix A-3, # 4 Appendix A-4, # 5 Appendix A-5, # 6 Appendix A-6)(Dubs, Joshua) (Entered: 06/10/2020)

1 Appendix A-1

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2 Appendix A-2

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3 Appendix A-3

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4 Appendix A-4

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5 Appendix A-5

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6 Appendix A-6

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MEMORANDUM in Opposition re 3 MOTION to Expedite filed by Ralph M. Mohr, Jeremy Zellner. (Attachments: # 1 Declaration of Jeremy J. Zellner)(Saykin, Aaron) (Entered: 06/10/2020)

1 Declaration of Jeremy J. Zellner

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Verified admission to the New York State Bar for Attorney Arthur Z. Schwartz. (MD)

MOTION for Leave to Appear Pro Hac Vice by Ronald Coons, Pauline Grabeki, Nate McMurray.(Dubs, Joshua) (Entered: 06/11/2020)

AMENDED COMPLAINT against All Defendants, filed by Nate McMurray, Ronald Coons, Pauline Grabeki. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit)(Dubs, Joshua) (Entered: 06/11/2020)

1 Exhibit

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2 Exhibit

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3 Exhibit

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4 Exhibit

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5 Exhibit

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6 Exhibit

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9 Exhibit

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TEXT ORDER. At 3:00 p.m. today, the Court will take the plaintiffs' motion for a temporary restraining order and preliminary inunction, Docket Item 3, under advisement. SO ORDERED. Issued by Hon. Lawrence J. Vilardo on 6/11/2020. (RFI) (Entered: 06/11/2020)

REPLY/RESPONSE to re 3 MOTION to Expedite filed by Ronald Coons, Pauline Grabeki, Nate McMurray. (Dubs, Joshua) (Entered: 06/11/2020)

DECISION & ORDER denying the plaintiffs' motion for a temporary restraining order and preliminary injunction, Docket Item 3 . Signed by Hon. Lawrence J. Vilardo on 6/11/2020. (RFI) (Entered: 06/11/2020)

E-Filing Notification: 2 MOTION to appear pro hac vice ( Filing fee $ 200 receipt number 0209-3860618.)Please file the Motion to appear pro hac vice for attorney Arthur Z. Schwartz. The supporting documents were filed but the Motion was not. (MD)

E-Filing Notification: 2 MOTION to appear pro hac vice terminated, as only the supporting documents included. Motion filed at document 11 . (SG)

Original Summons Filed. (Dubs, Joshua) (Entered: 06/12/2020)

NOTICE OF INTERLOCUTORY APPEAL as to 15 Order on Motion to Expedite by Ronald Coons, Pauline Grabeki, Nate McMurray. Filing fee $ 505, receipt number 0209-3864692. (Dubs, Joshua) Modified on 6/15/2020 to show as "interlocutory" (SG). (Entered: 06/12/2020)

DESIGNATION of Record on Appeal by Ronald Coons, Pauline Grabeki, Nate McMurray re 17 Notice of Appeal CLERK TO FOLLOW UP (Dubs, Joshua) (Entered: 06/12/2020)

TEXT ORDER. IT HEREBY IS ORDERED THAT the 11 Motion for Pro Hac Vice Admission of Arthur Z. Schwartz, Esq., is GRANTED. SO ORDERED. Issued by Hon. Lawrence J. Vilardo on 6/12/2020. (CMD)-CLERK TO FOLLOW UP- (Entered: 06/12/2020)

Pursuant to Local Rule 12.1 of the U.S. Court of Appeals for the Second Circuit, Forms C and D must be completed within 14 days after filing of a notice appeal. Forms C and D can be obtained at www.ca2.uscourts.gov. (KM)

CLERKS CERTIFICATE filed and electronically sent to Court of Appeals re 18 Designation of Record on Appeal/Index. (SG) (Entered: 06/15/2020)

Original Summons Filed. (Dubs, Joshua) (Entered: 06/15/2020)

E-Filing Notification: 17 NOTICE OF INTERLOCUTORY APPEAL Modified on 6/15/2020 to show as "interlocutory" (SG). (SG)

E-Filing Notification: re 16 Summons: An original proposed Summons must be filed for each named Defendant. All Defendants cannot be listed on one Summons. (JLV)

Summons Issued as to Erie County Board of Elections, Ralph M. Mohr, Jeremy Zellner. (JLV) (Entered: 06/16/2020)

MOTION to Dismiss the First Amended Complaint by Erie County Board of Elections, Ralph M. Mohr, Jeremy Zellner. (Attachments: # 1 Declaration of Daniel A. Spitzer, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Memorandum in Support of Their Motion to Dismiss)(Spitzer, Daniel) (Entered: 07/13/2020)

1 Declaration of Daniel A. Spitzer

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2 Exhibit A

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3 Exhibit B

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4 Exhibit C

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5 Memorandum in Support of Their Motion to Dismiss

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TEXT REFERRAL ORDER (DISPOSITIVE) - Hon. Leslie G. Foschio, United States Magistrate Judge, is hereby designated to act in this case as follows: Pursuant to 28 U.S.C. § 636(b)(1)(A) and (B), all pre-trial matters in this case are referred to the above-named United States Magistrate Judge, including but not limited to: (1) conduct of a scheduling conference and entry of a scheduling order pursuant to Fed. R. Civ. P. 16, (2) hearing and disposition of all non-dispositive motions or applications, (3) supervision of discovery, and (4) supervision of all procedural matters involving the aforementioned or involving the preparation of the case or any matter therein for consideration by the District Judge. The Magistrate Judge shall also hear and report upon dispositive motions for the consideration of the District Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and (C). All motions or applications shall be filed with the Clerk and made returnable before the Magistrate Judge. The parties are encouraged to consider the provisions of 28 U.S.C. § 636(c) governing consent to either partial or complete disposition of the case, including trial if necessary, by the Magistrate Judge. Consent forms are available from the office of the Magistrate Judge or the office of the Clerk of Court. IT IS SO ORDERED. Issued by Hon. Lawrence J. Vilardo on 7/20/2020. (CMD) (Entered: 07/20/2020)

ORDER re 23 MOTION to Dismiss the First Amended Complaint filed by Ralph M. Mohr, Erie County Board of Elections, Jeremy Zellner. Responses due by 8/18/2020. Replies due by 8/28/2020. Signed by Hon. Leslie G. Foschio on 7/28/2020. (SDW) (Entered: 07/28/2020)

MEMORANDUM in Opposition re 23 MOTION to Dismiss the First Amended Complaint (filed in conjunction with Motion to Amend) filed by Ronald Coons, Pauline Grabeki, Nate McMurray. (Schwartz, Arthur) (Entered: 08/19/2020)

First MOTION to Amend/Correct 12 Amended Complaint, 25 Order,, Set Deadlines, 23 MOTION to Dismiss the First Amended Complaint by Ronald Coons, Pauline Grabeki, Nate McMurray.(Schwartz, Arthur) (Entered: 08/19/2020)

AFFIDAVIT in Support re 27 First MOTION to Amend/Correct 12 Amended Complaint, 25 Order,, Set Deadlines, 23 MOTION to Dismiss the First Amended Complaint filed by Ronald Coons, Pauline Grabeki, Nate McMurray. (Attachments: # 1 Exhibit Ex. A - Proposed Second Amended Complaint)(Schwartz, Arthur) (Entered: 08/19/2020)

MEMORANDUM in Support re 27 First MOTION to Amend/Correct 12 Amended Complaint, 25 Order,, Set Deadlines, 23 MOTION to Dismiss the First Amended Complaint filed by Ronald Coons, Pauline Grabeki, Nate McMurray. (Schwartz, Arthur) (Entered: 08/19/2020)

TEXT ORDER re 27 First MOTION to Amend/Correct 12 Amended Complaint, 25 Order, Set Deadlines, 23 MOTION to Dismiss the First Amended Complaint filed by Pauline Grabeki, Ronald Coons, Nate McMurray. Responses due by 9/4/2020. Replies due by 9/11/2020. Oral argument at the discretion of the court. Issued by Hon. Leslie G. Foschio on 8/20/2020. (SDW) (Entered: 08/20/2020)

MEMORANDUM in Support re 27 First MOTION to Amend/Correct 12 Amended Complaint, 25 Order,, Set Deadlines, 23 MOTION to Dismiss the First Amended Complaint, 23 MOTION to Dismiss the First Amended Complaint Defendants' Reply Memorandum of Law in Support of Their Motion to Dismiss and In Opposition to the Motion to Further Amend the Complaint filed by Erie County Board of Elections, Ralph M. Mohr, Jeremy Zellner. (Spitzer, Daniel) (Entered: 08/28/2020)

MANDATE of USCA as to 17 Notice of Appeal. Appellants move to expedite the appeal and to file fewer copies of briefs and the joint appendix.Appellees move to dismiss the appeal. Upon due consideration, it is hereby ORDERED that Appellees motion is GRANTED and the appeal is DISMISSED. (JLV) (Entered: 11/06/2020)

STIPULATION of Dismissal [Stipulation of Voluntary Dismissal with Prejudice] by Erie County Board of Elections, Ralph M. Mohr, Jeremy Zellner. (Spitzer, Daniel) (Entered: 11/13/2020)

TEXT ORDER re 33 Stipulation of Voluntary Dismissal with Prejudice is HEREBY SO ORDERED. The Clerk of the Court is DIRECTED to close this case. SO ORDERED. Issued by Hon. Lawrence J. Vilardo on 11/17/2020. (CMD)-CLERK TO FOLLOW UP- (Entered: 11/17/2020)