Case: Harley v. Kosinski

1:20-cv-04664 | U.S. District Court for the Eastern District of New York

Filed Date: Sept. 30, 2020

Closed Date: Oct. 13, 2020

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Case Summary

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Summary Authors

Madison Thibeaux-Brown (6/23/2026)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/18493688/parties/harley-v-kosinski/


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Documents in the Clearinghouse

Document
1

1:20-cv-04664

Complaint

Sept. 30, 2020

Sept. 30, 2020

Complaint
8

1:20-cv-04664

Request for Accelerated Proceedings and Alternative Service

Oct. 1, 2020

Oct. 1, 2020

Pleading / Motion / Brief
9

1:20-cv-04664

Request for Clarification on Order to Show Cause

Oct. 1, 2020

Oct. 1, 2020

Pleading / Motion / Brief
12

1:20-cv-04664

Letter Showing Cause

Oct. 2, 2020

Oct. 2, 2020

Pleading / Motion / Brief
13-1

1:20-cv-04664

Plaintiffs' Memorandum of Law in Support of their Motion for a Preliminary Injunction

Oct. 5, 2020

Oct. 5, 2020

Pleading / Motion / Brief
19

1:20-cv-04664

Request to Attend Conference

Oct. 6, 2020

Oct. 6, 2020

Pleading / Motion / Brief
31

1:20-cv-04664

Defendant Ohio Secretary of State Frank LaRose's Memorandum in Opposition to Plaintiffs' Motion for Preliminary Injunction

Oct. 9, 2020

Oct. 9, 2020

Other
32

1:20-cv-04664

Defendant Ruth Hughs' Brief In Opposition to Plaintiffs' Request for Injunctive Relief

Oct. 9, 2020

Oct. 9, 2020

Pleading / Motion / Brief
36

1:20-cv-04664

Notice of Motion to Dismiss, Opposition to Motion for Preliminary Injunction and Motion to Sever and Transfer

Oct. 9, 2020

Oct. 9, 2020

Pleading / Motion / Brief
36-1

1:20-cv-04664

Memorandum in Support of Motion to Dismiss, in Opposition of Motion for Preliminary Injunction, and in Support of Motion to Sever and Transfer

Oct. 9, 2020

Oct. 9, 2020

Pleading / Motion / Brief

Docket

See docket on RECAP: https://www.courtlistener.com/docket/18493688/harley-v-kosinski/

Last updated June 23, 2026, 5:36 p.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against Michael Adams, Kathy Boockvar, Marge Bostelmann, Robert A. Brehm, Albert Benjamin Chandler, Julie Glancey, Ruth Hughes, Ann S. Jacobs, Douglas Kellner, Dean Knudson, Frank LaRose, Jonathan Marks, Jessica Mathis, Kosinski Peter, Brad Raffensperger, Andrew J. Spano, Robert Spindell, Jr, Mark L. Thomsen, Todd D. Valentine filing fee $ 400, receipt number ANYEDC-13449155 Was the Disclosure Statement on Civil Cover Sheet completed -NO,, filed by Jessica Roitman, L'Elie Damali, Harley Mathew, N.H. Quaide Williams, Michael Maniates, Benjamin Cole, Katie Von Holzen, Emily McGrath, Ryan Burruss, Susan Lahey. (Green, Remy) (Entered: 09/30/2020)

1

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2

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Sept. 30, 2020

Sept. 30, 2020

Clearinghouse
2

Proposed Summons. Re 1 Complaint,, by Ryan Burruss, Benjamin Cole, L'Elie Damali, Susan Lahey, Michael Maniates, Harley Mathew, Emily McGrath, Jessica Roitman, Katie Von Holzen, N.H. Quaide Williams (Green, Remy) (Entered: 09/30/2020)

Sept. 30, 2020

Sept. 30, 2020

RECAP
3

Civil Cover Sheet.. Re 1 Complaint,, by Ryan Burruss, Benjamin Cole, L'Elie Damali, Susan Lahey, Michael Maniates, Harley Mathew, Emily McGrath, Jessica Roitman, Katie Von Holzen, N.H. Quaide Williams (Green, Remy) (Entered: 09/30/2020)

Sept. 30, 2020

Sept. 30, 2020

4

EXHIBIT S TO COMPLAINT by Ryan Burruss, Benjamin Cole, L'Elie Damali, Susan Lahey, Michael Maniates, Harley Mathew, Emily McGrath, Jessica Roitman, Katie Von Holzen, N.H. Quaide Williams. Related document: 1 Complaint,, filed by Jessica Roitman, Michael Maniates, Katie Von Holzen, Harley Mathew, Ryan Burruss, L'Elie Damali, Emily McGrath, Benjamin Cole, Susan Lahey, N.H. Quaide Williams. (Attachments: # 1 Exhibit 2, # 2 Exhibit 3, # 3 Exhibit 4) (Green, Remy) (Entered: 09/30/2020)

1 Exhibit 2

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2 Exhibit 3

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3 Exhibit 4

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Sept. 30, 2020

Sept. 30, 2020

5

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. (Davis, Kimberly) (Entered: 10/01/2020)

Oct. 1, 2020

Oct. 1, 2020

6

This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (Davis, Kimberly) (Entered: 10/01/2020)

Oct. 1, 2020

Oct. 1, 2020

7

Summons Issued as to All Defendants. (Davis, Kimberly). (Entered: 10/01/2020)

Oct. 1, 2020

Oct. 1, 2020

Clearinghouse
8

Letter MOTION to Expedite and for Alternative Service by Ryan Burruss, Benjamin Cole, L'Elie Damali, Mathew Harley, Susan Lahey, Michael Maniates, Emily McGrath, Jessica Roitman, Katie Von Holzen, N.H. Quaide Williams. (Green, Remy) (Entered: 10/01/2020)

Oct. 1, 2020

Oct. 1, 2020

Clearinghouse
9

Letter MOTION to Amend/Correct/Supplement seeking clarification of the Court's Order to Show Cause by Ryan Burruss, Benjamin Cole, L'Elie Damali, Mathew Harley, Susan Lahey, Michael Maniates, Emily McGrath, Jessica Roitman, Katie Von Holzen, N.H. Quaide Williams. (Green, Remy) (Entered: 10/01/2020)

Oct. 1, 2020

Oct. 1, 2020

Clearinghouse
10

NOTICE of Appearance by Douglas A. Kellner on behalf of Douglas Kellner (aty to be noticed) (Kellner, Douglas) (Entered: 10/01/2020)

Oct. 1, 2020

Oct. 1, 2020

Case Assigned to Judge Brian M. Cogan. 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. (Davis, Kimberly)

Oct. 1, 2020

Oct. 1, 2020

Your proposed summons was not issued for one of the following reasons: If multiple defendants, there must me a rider attached to the summons with the name and addresses of all defendants included. The summons submitted only have one named defendant.,Please indicate "et al" see attached rider on defendant name section. Please correct and resubmit using Proposed Summons/Civil Cover Sheet. (Davis, Kimberly)

Oct. 1, 2020

Oct. 1, 2020

ORDER granting 8 in part and ORDER TO SHOW CAUSE. The Court approves alternative service of the complaint and supporting documents by electronic means and by overnight express mail. Plaintiffs must conduct both methods of service. The Court finds that such service is reasonably calculated to apprise defendants of the action and afford them an opportunity to respond. The Court adopts the following accelerated briefing schedule: plaintiffs to file motion for preliminary injunction by 10/5/2020; defendants to oppose by 10/9/2020; plaintiffs to reply before oral argument; oral argument to be held by telephone on 10/13/2020 at 12:30 P.M. Parties are directed to use the toll-free number 888-684-8852 and access code 6427877.In addition, plaintiffs are ORDERED TO SHOW CAUSE by 10/2/2020 why their claims should not be broken into separate actions. Plaintiffs have sued officials in five different states based on the officials' interpretation of and actions under five different state laws. It looks to the Court like this should be five separate actions. Ordered by Judge Brian M. Cogan on 10/1/2020. (Weisberg, Peggy)

Oct. 1, 2020

Oct. 1, 2020

ORDER denying 9 . The Court will further address severance once defendants have appeared. Ordered by Judge Brian M. Cogan on 10/1/2020. (Weisberg, Peggy)

Oct. 1, 2020

Oct. 1, 2020

Case Assigned/Reassigned

Oct. 1, 2020

Oct. 1, 2020

Quality Control Check - Summons

Oct. 1, 2020

Oct. 1, 2020

Order on Motion to Expedite AND Order to Show Cause

Oct. 1, 2020

Oct. 1, 2020

Order on Motion to Amend/Correct/Supplement

Oct. 1, 2020

Oct. 1, 2020

11

SUMMONS Returned Executed by Jessica Roitman, L'Elie Damali, Mathew Harley, N.H. Quaide Williams, Michael Maniates, Benjamin Cole, Katie Von Holzen, Emily McGrath, Ryan Burruss, Susan Lahey. Michael Adams served on 10/2/2020, answer due 10/23/2020; Kathy Boockvar served on 10/2/2020, answer due 10/23/2020; Marge Bostelmann served on 10/2/2020, answer due 10/23/2020; Robert A. Brehm served on 10/2/2020, answer due 10/23/2020; Albert Benjamin Chandler served on 10/2/2020, answer due 10/23/2020; Julie Glancey served on 10/2/2020, answer due 10/23/2020; Ruth Hughes served on 10/2/2020, answer due 10/23/2020; Ann S. Jacobs served on 10/2/2020, answer due 10/23/2020; Douglas Kellner served on 10/2/2020, answer due 10/23/2020; Dean Knudson served on 10/2/2020, answer due 10/23/2020; Peter Kosinski served on 10/2/2020, answer due 10/23/2020; Frank LaRose served on 10/2/2020, answer due 10/23/2020; Jonathan Marks served on 10/2/2020, answer due 10/23/2020; Jessica Mathis served on 10/2/2020, answer due 10/23/2020. (Green, Remy) (Entered: 10/02/2020)

Oct. 2, 2020

Oct. 2, 2020

12

Letter Showing Cause as to "why [Plaintiffs'] claims should not be broken into separate actions." by Ryan Burruss, Benjamin Cole, L'Elie Damali, Mathew Harley, Susan Lahey, Michael Maniates, Emily McGrath, Jessica Roitman, Katie Von Holzen, N.H. Quaide Williams (Green, Remy) (Entered: 10/02/2020)

Oct. 2, 2020

Oct. 2, 2020

Clearinghouse
13

MOTION for Preliminary Injunction by Ryan Burruss, Benjamin Cole, L'Elie Damali, Mathew Harley, Susan Lahey, Michael Maniates, Emily McGrath, Jessica Roitman, Katie Von Holzen, N.H. Quaide Williams. (Attachments: # 1 Memorandum in Support Memo of Law in Support of Motion, # 2 Declaration Bryan Declaration, # 3 Declaration Burch Declaration, # 4 Declaration Cole Declaration, # 5 Declaration Harley Declaration, # 6 Declaration Maniates Declaration, # 7 Declaration McGrath Declaration, # 8 Declaration Roitman Declaration, # 9 Declaration Von Holzen Declaration, # 10 Declaration Williams Declaration) (Green, Remy) (Entered: 10/05/2020)

1 Memorandum in Support Memo of Law in Support of Motion

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2 Declaration Bryan Declaration

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3 Declaration Burch Declaration

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4 Declaration Cole Declaration

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5 Declaration Harley Declaration

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6 Declaration Maniates Declaration

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7 Declaration McGrath Declaration

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8 Declaration Roitman Declaration

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9 Declaration Von Holzen Declaration

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10 Declaration Williams Declaration

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Oct. 5, 2020

Oct. 5, 2020

SCHEDULING ORDER: Telephone Conference is scheduled for 10/7/2020 at 2:30 PM. Parties are directed to use the toll-free number 888-684-8852 and access code 6427877#. A copy of this scheduling order will be sent via email to Heather Buchanan at the Ohio Attorney General's Office. Ordered by Judge Brian M. Cogan on 10/5/2020. (Weisberg, Peggy)

Oct. 5, 2020

Oct. 5, 2020

Scheduling Order

Oct. 5, 2020

Oct. 5, 2020

14

NOTICE of Appearance by Jonathan Wallace on behalf of Ryan Burruss, Benjamin Cole, L'Elie Damali, Mathew Harley, Susan Lahey, Michael Maniates, Emily McGrath, Jessica Roitman, Katie Von Holzen, N.H. Quaide Williams (aty to be noticed) (Wallace, Jonathan) (Entered: 10/06/2020)

Oct. 6, 2020

Oct. 6, 2020

15

MOTION to Appear Pro Hac Vice Filing fee $ 150, receipt number ANYEDC-13477576. by Michael Adams. (Attachments: # 1 Affidavit, # 2 Certificate of Good Standing) (Westberry, Robert) (Entered: 10/06/2020)

1 Affidavit

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2 Certificate of Good Standing

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Oct. 6, 2020

Oct. 6, 2020

16

MOTION to Appear Pro Hac Vice Filing fee $ 150, receipt number ANYEDC-13477762. by Michael Adams. (Attachments: # 1 Affidavit, # 2 Certificates of Good Standing) (Bush, Bridget) (Entered: 10/06/2020)

1 Affidavit

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2 Certificates of Good Standing

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Oct. 6, 2020

Oct. 6, 2020

17

Letter requesting continuance of 10/7/2020 telephone hearing by Michael Adams (Westberry, Robert) (Entered: 10/06/2020)

Oct. 6, 2020

Oct. 6, 2020

18

NOTICE of Appearance by Alexander Thomas Korn on behalf of Kathy Boockvar, Jonathan Marks, Jessica Mathis (aty to be noticed) (Korn, Alexander) (Entered: 10/06/2020)

Oct. 6, 2020

Oct. 6, 2020

19

Letter dated 10/6/20 from Gabe Johnson-Karp, Assistant Attorney General with the Wisconsin Department of Justice, on behalf of Wisconsin's Elections Commissioners requesting permission to attend the telephonic conference scheduled for tomorrow. (Guzzi, Roseann) (Entered: 10/06/2020)

Oct. 6, 2020

Oct. 6, 2020

Clearinghouse
20

Letter dated 10/5/20 from Heather Buchanan, Senior Assistant Attorney General,Ohio Attorney General's Office on behalf of Ohio Secretary of State Frank LaRose, a named Defendant that In light of this pressing timeline, requesting to represent our client in a limited capacity before the required pro hac vice motions and documentation are submitted and granted. (Guzzi, Roseann) (Entered: 10/06/2020)

Oct. 6, 2020

Oct. 6, 2020

ORDER re: 17 . If the parties want to confer and submit an agreed upon schedule both for plaintiff's motion and any preliminary opposition based on jurisdictional, venue, or joinder issues, they may do so, but the Court is not in a position to accommodate single-party requests like this one because of the multi-defendant nature of the case and the short time period before the election. For what it's worth, the Court waives immediate submission of pro hac vice applications and the Clerk is directed to allow filings by any attorney acting on behalf of a named non-New York defendant even if that attorney has not yet submitted a pro hac vice application. Ordered by Judge Brian M. Cogan on 10/6/2020. (Weisberg, Peggy)

Oct. 6, 2020

Oct. 6, 2020

Order(Other)

Oct. 6, 2020

Oct. 6, 2020

21

NOTICE of Appearance by Heather L. Buchanan on behalf of Frank LaRose (notification declined or already on case) (Buchanan, Heather) (Entered: 10/07/2020)

Oct. 7, 2020

Oct. 7, 2020

22

NOTICE of Appearance by Renata Y. Staff on behalf of Frank LaRose (notification declined or already on case) (Staff, Renata) (Entered: 10/07/2020)

Oct. 7, 2020

Oct. 7, 2020

23

NOTICE of Appearance by Robert Kent Westberry on behalf of Michael Adams (notification declined or already on case) (Westberry, Robert) (Entered: 10/07/2020)

Oct. 7, 2020

Oct. 7, 2020

24

NOTICE of Appearance by Bridget M. Bush on behalf of Michael Adams (notification declined or already on case) (Bush, Bridget) (Entered: 10/07/2020)

Oct. 7, 2020

Oct. 7, 2020

25

NOTICE of Appearance by Tanya Melamed Robinson on behalf of Ruth Hughes (aty to be noticed) (Robinson, Tanya) (Entered: 10/07/2020)

Oct. 7, 2020

Oct. 7, 2020

26

NOTICE of Appearance by Jane R. Goldberg on behalf of Robert A. Brehm, Douglas Kellner, Peter Kosinski, Andrew J. Spano, Todd D. Valentine (aty to be noticed) (Goldberg, Jane) (Entered: 10/07/2020)

Oct. 7, 2020

Oct. 7, 2020

27

Letter re Notice of Appearance of Counsel by Brad Raffensperger (McGowan, Charlene) (Entered: 10/07/2020)

Oct. 7, 2020

Oct. 7, 2020

28

NOTICE of Appearance by Taylor Austin Brown on behalf of Albert Benjamin Chandler (aty to be noticed) (Brown, Taylor) (Entered: 10/07/2020)

Oct. 7, 2020

Oct. 7, 2020

ORDER granting 15 Robert Westberry's Motion for Leave to Appear Pro Hac Vice as counsel for defendant Michael Adams. 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 he receives electronic notification of activity in this case. Also, the attorney shall ensure the $150 admission fee be submitted to the Clerks Office via filing the event Pro Hac Vice Filing Fee. Ordered by Judge Brian M. Cogan on 10/7/2020. (Weisberg, Peggy)

Oct. 7, 2020

Oct. 7, 2020

ORDER re: 16 . Bridget M. Bush's Motion for Leave to Appear Pro Hac Vice is granted on condition that she files a supplemental affidavit accompanied with a certificate of good standing from the state in which she is a member of the bar. The certificate must be issued within thirty (30) days of the application. Ordered by Judge Brian M. Cogan on 10/7/2020. (Weisberg, Peggy)

Oct. 7, 2020

Oct. 7, 2020

Minute Entry and Order for Conference held on 10/7/2020 before Judge Brian M. Cogan. Counsel for all parties appeared by telephone. The Court will adhere to its accelerated briefing schedule: defendants will oppose plaintiffs' motion for a preliminary injunction by 10/9/2020; plaintiffs to reply before oral argument; oral argument to be held by telephone on 10/13/2020 at 12:30 P.M. The attorneys of record will be provided with a video link shortly before the conference. Public access is available by calling the toll-free number 888-684-8852 and access code 6427877#. See transcript for details. (Court reporter: Rivka Teich.) (Weisberg, Peggy)

Oct. 7, 2020

Oct. 7, 2020

Order on Motion for Leave to Appear Pro Hac Vice

Oct. 7, 2020

Oct. 7, 2020

Telephone Conference

Oct. 7, 2020

Oct. 7, 2020

29

MOTION to Appear Pro Hac Vice Filing fee $ 150, receipt number ANYEDC-13492090. by Brad Raffensperger. (McGowan, Charlene) (Entered: 10/08/2020)

Oct. 8, 2020

Oct. 8, 2020

30

MOTION to Appear Pro Hac Vice Filing fee $ 150, receipt number ANYEDC-13492415. by Marge Bostelmann, Julie Glancey, Ann S. Jacobs, Dean Knudson, Robert Spindell, Jr, Mark L. Thomsen. (Attachments: # 1 Affidavit) (Johnson-Karp, Gabe) (Entered: 10/08/2020)

1 Affidavit

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Oct. 8, 2020

Oct. 8, 2020

31

REPLY in Opposition re 13 MOTION for Preliminary Injunction filed by Frank LaRose. (Attachments: # 1 Declaration Declaration of Matthew Tlachac and Exhs.) (Buchanan, Heather) (Entered: 10/09/2020)

1 Declaration Declaration of Matthew Tlachac and Exhs.

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Oct. 9, 2020

Oct. 9, 2020

Clearinghouse
32

RESPONSE in Opposition re 13 MOTION for Preliminary Injunction Defendant Ruth Hughs Brief in Opposition to Plaintiffs Request for Injunctive Relief filed by Ruth Hughes. (Robinson, Tanya) (Entered: 10/09/2020)

Oct. 9, 2020

Oct. 9, 2020

Clearinghouse
33

MOTION to Appear Pro Hac Vice Filing fee $ 150, receipt number ANYEDC-13500949. by Frank LaRose. (Buchanan, Heather) (Entered: 10/09/2020)

Oct. 9, 2020

Oct. 9, 2020

34

MOTION to Appear Pro Hac Vice Filing fee $ 150, receipt number ANYEDC-13500993. by Frank LaRose. (Staff, Renata) (Entered: 10/09/2020)

Oct. 9, 2020

Oct. 9, 2020

35

NOTICE of Appearance by Gabe Johnson-Karp on behalf of Marge Bostelmann, Julie Glancey, Ann S. Jacobs, Dean Knudson, Robert Spindell, Jr, Mark L. Thomsen (notification declined or already on case) (Johnson-Karp, Gabe) (Entered: 10/09/2020)

Oct. 9, 2020

Oct. 9, 2020

36

MOTION to Dismiss by Michael Adams, Albert Benjamin Chandler. (Attachments: # 1 Memorandum in Support, # 2 Exhibit Declaration of Jared Dearing) (Westberry, Robert) (Entered: 10/09/2020)

1 Memorandum in Support

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2 Exhibit Declaration of Jared Dearing

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Oct. 9, 2020

Oct. 9, 2020

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37

MEMORANDUM in Opposition re 13 MOTION for Preliminary Injunction filed by Marge Bostelmann, Julie Glancey, Ann S. Jacobs, Dean Knudson, Robert Spindell, Jr, Mark L. Thomsen. (Attachments: # 1 Declaration of Meagan Wolfe and Ex. A) (Johnson-Karp, Gabe) (Entered: 10/09/2020)

1 Declaration of Meagan Wolfe and Ex. A

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Oct. 9, 2020

Oct. 9, 2020

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38

MEMORANDUM in Opposition re 13 MOTION for Preliminary Injunction filed by Robert A. Brehm, Douglas Kellner, Peter Kosinski, Andrew J. Spano, Todd D. Valentine. (Goldberg, Jane) (Entered: 10/09/2020)

Oct. 9, 2020

Oct. 9, 2020

Clearinghouse
39

AFFIDAVIT/DECLARATION in Opposition re 13 MOTION for Preliminary Injunction by Douglas A. Kellner filed by Robert A. Brehm, Douglas Kellner, Peter Kosinski, Andrew J. Spano, Todd D. Valentine. (Goldberg, Jane) (Entered: 10/09/2020)

Oct. 9, 2020

Oct. 9, 2020

Clearinghouse
40

AFFIDAVIT/DECLARATION in Opposition re 13 MOTION for Preliminary Injunction by David Jefferson filed by Robert A. Brehm, Douglas Kellner, Peter Kosinski, Andrew J. Spano, Todd D. Valentine. (Goldberg, Jane) (Entered: 10/09/2020)

Oct. 9, 2020

Oct. 9, 2020

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41

AFFIDAVIT/DECLARATION in Opposition re 13 MOTION for Preliminary Injunction by Susan Dzieduszycka-Suinat filed by Robert A. Brehm, Douglas Kellner, Peter Kosinski, Andrew J. Spano, Todd D. Valentine. (Goldberg, Jane) (Entered: 10/09/2020)

Oct. 9, 2020

Oct. 9, 2020

Clearinghouse
42

AFFIDAVIT/DECLARATION in Opposition re 13 MOTION for Preliminary Injunction by Susan Greenhalgh filed by Robert A. Brehm, Douglas Kellner, Peter Kosinski, Andrew J. Spano, Todd D. Valentine. (Goldberg, Jane) (Entered: 10/09/2020)

Oct. 9, 2020

Oct. 9, 2020

Clearinghouse
43

AFFIDAVIT/DECLARATION in Opposition re 13 MOTION for Preliminary Injunction by Barbara Simons filed by Robert A. Brehm, Douglas Kellner, Peter Kosinski, Andrew J. Spano, Todd D. Valentine. (Attachments: # 1 Exhibit, # 2 Exhibit) (Goldberg, Jane) (Entered: 10/09/2020)

1 Exhibit

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2 Exhibit

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Oct. 9, 2020

Oct. 9, 2020

44

AFFIDAVIT/DECLARATION in Opposition re 13 MOTION for Preliminary Injunction by Andrew Appel filed by Robert A. Brehm, Douglas Kellner, Peter Kosinski, Andrew J. Spano, Todd D. Valentine. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit) (Goldberg, Jane) (Entered: 10/09/2020)

1 Exhibit

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2 Exhibit

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3 Exhibit

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4 Exhibit

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Oct. 9, 2020

Oct. 9, 2020

45

AFFIDAVIT/DECLARATION in Opposition re 13 MOTION for Preliminary Injunction John W. Conklin filed by Robert A. Brehm, Douglas Kellner, Andrew J. Spano, Todd D. Valentine. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit) (Goldberg, Jane) (Entered: 10/09/2020)

1 Exhibit

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2 Exhibit

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3 Exhibit

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Oct. 9, 2020

Oct. 9, 2020

46

AFFIDAVIT/DECLARATION in Opposition re 13 MOTION for Preliminary Injunction by Penny M. Venetis filed by Robert A. Brehm, Douglas Kellner, Peter Kosinski, Andrew J. Spano, Todd D. Valentine. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit) (Goldberg, Jane) (Entered: 10/09/2020)

1 Exhibit

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2 Exhibit

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3 Exhibit

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Oct. 9, 2020

Oct. 9, 2020

47

RESPONSE in Opposition re 13 MOTION for Preliminary Injunction filed by Brad Raffensperger. (Attachments: # 1 Declaration of Chris Harvey) (McGowan, Charlene) (Entered: 10/09/2020)

1 Declaration of Chris Harvey

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Oct. 9, 2020

Oct. 9, 2020

Clearinghouse
48

MEMORANDUM in Opposition re 13 MOTION for Preliminary Injunction filed by Kathy Boockvar, Jonathan Marks, Jessica Mathis. (Attachments: # 1 Exhibit A, # 2 Declaration Marks, # 3 Declaration Macias) (Korn, Alexander) (Entered: 10/09/2020)

1 Exhibit A

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2 Declaration Marks

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3 Declaration Macias

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Oct. 9, 2020

Oct. 9, 2020

Clearinghouse

ORDER granting 29 Charlene McGowan's Motion for Leave to Appear Pro Hac Vice as counsel for the Georgia Secretary of State Brad Raffensperger. 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 she receives electronic notification of activity in this case. Also, the attorney shall ensure the $150 admission fee be submitted to the Clerks Office via filing the event Pro Hac Vice Filing Fee. Ordered by Judge Brian M. Cogan on 10/9/2020. (Weisberg, Peggy)

Oct. 9, 2020

Oct. 9, 2020

ORDER granting 30 Gabe Johnson-Karp's Motion for Leave to Appear Pro Hac Vice as counsel for Wisconsin Defendants. 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 he receives electronic notification of activity in this case. Also, the attorney shall ensure the $150 admission fee be submitted to the Clerks Office via filing the event Pro Hac Vice Filing Fee. Ordered by Judge Brian M. Cogan on 10/9/2020. (Weisberg, Peggy)

Oct. 9, 2020

Oct. 9, 2020

Order on Motion for Leave to Appear Pro Hac Vice

Oct. 9, 2020

Oct. 9, 2020

49

REPLY in Support re 13 MOTION for Preliminary Injunction, MEMORANDUM in Opposition re 36 MOTION to Dismiss filed by Ryan Burruss, Benjamin Cole, L'Elie Damali, Mathew Harley, Susan Lahey, Michael Maniates, Emily McGrath, Jessica Roitman, Katie Von Holzen, N.H. Quaide Williams. (Attachments: # 1 Declaration Maniates Declaration, # 2 Declaration Lahey Declaration, # 3 Declaration Burch Declaration) (Green, Remy) (Entered: 10/11/2020)

1 Declaration Maniates Declaration

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2 Declaration Lahey Declaration

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3 Declaration Burch Declaration

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Oct. 11, 2020

Oct. 11, 2020

Clearinghouse
50

NOTICE by Frank LaRose re 31 Reply in Opposition (Staff, Renata) (Entered: 10/12/2020)

Oct. 12, 2020

Oct. 12, 2020

Clearinghouse
51

Letter Supplementing Kentucky Defendants' Motion to Dismiss (DN 36) by Michael Adams, Albert Benjamin Chandler (Attachments: # 1 Exhibit Declaration of Don Blevins, Jr., Fayette County Clerk) (Westberry, Robert) (Entered: 10/12/2020)

1 Exhibit Declaration of Don Blevins, Jr., Fayette County Clerk

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Oct. 12, 2020

Oct. 12, 2020

52

NOTICE of Appearance by Charlene S McGowan on behalf of Brad Raffensperger (notification declined or already on case) (McGowan, Charlene) (Entered: 10/12/2020)

Oct. 12, 2020

Oct. 12, 2020

53

NOTICE by Brad Raffensperger re 47 Response in Opposition to Motion Supplemental Authority (Attachments: # 1 Exhibit) (McGowan, Charlene) (Entered: 10/13/2020)

1 Exhibit

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Oct. 13, 2020

Oct. 13, 2020

54

NOTICE of Voluntary Dismissal by Ryan Burruss, Benjamin Cole, L'Elie Damali, Mathew Harley, Susan Lahey, Michael Maniates, Emily McGrath, Jessica Roitman, Katie Von Holzen, N.H. Quaide Williams against all Defendants (Green, Remy) (Entered: 10/13/2020)

Oct. 13, 2020

Oct. 13, 2020

Clearinghouse

ORDER granting 33 34 Motions for Leave to Appear Pro Hac Vice as counsel for Ohio Secretary of State Frank LaRose. The attorneys, Heather Buchanan and Renata Staff, shall register for ECF, registration is available online at www.pacer.gov. Once registered, the attorneys shall file a notice of appearance and ensure that they receive electronic notification of activity in this case. Also, each attorney shall ensure the $150 admission fee be submitted to the Clerks Office via filing the event Pro Hac Vice Filing Fee. Ordered by Judge Brian M. Cogan on 10/13/2020. (Weisberg, Peggy)

Oct. 13, 2020

Oct. 13, 2020

Minute Entry and Order for oral argument held on 10/13/2020 before Judge Brian M. Cogan. Counsel for all sides appeared. The Court denied 13 plaintiffs' motion for a preliminary injunction for the reasons stated on the record. See transcript for details. (Court Reporter: Charleane Heading). (Weisberg, Peggy)

Oct. 13, 2020

Oct. 13, 2020

Civil Case Terminated as per plaintiffs' Rule 41(a) notice. Ordered by Judge Brian M. Cogan on 10/13/2020. (Cogan, Brian)

Oct. 13, 2020

Oct. 13, 2020

Order on Motion for Leave to Appear Pro Hac Vice AND Order on Motion for Leave to Appear Pro Hac Vice

Oct. 13, 2020

Oct. 13, 2020

Order on Motion for Preliminary Injunction AND Motion Hearing

Oct. 13, 2020

Oct. 13, 2020

~Util - Terminate Civil Case

Oct. 13, 2020

Oct. 13, 2020

55

NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on October 13, 2020, before Judge Cogan. Court Reporter/Transcriber Charleane M. Heading, Telephone number 718-613-2643. Email address: cheading@aol.com. 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.File redaction request using event "Redaction Request - Transcript" located under "Other Filings - Other Documents". Redaction Request due 4/30/2021. Redacted Transcript Deadline set for 5/10/2021. Release of Transcript Restriction set for 7/8/2021. (Heading, Charleane) (Entered: 04/09/2021)

April 9, 2021

April 9, 2021

Clearinghouse

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: Sept. 30, 2020

Closing Date: Oct. 13, 2020

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Mathew Harley Damali L'Elie Michael Maniates Emily McGrath Susan Lahey N.H. Quaide Williams, IV Jessica Roitman Katie Von Holzen Benjamin Cole Ryan Burruss

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

State

New York State Board of Elections

Secretary of State of Georgia

Secretary of State of Kentucky

Secretary of State of Ohio

Secretary of State of Texas

South Carolina State Election Commission

Other

Wisconsin Elections Commission

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

Ex parte Young (federal or state officials)

Uniformed and Overseas Citizens Absentia Voting Act, 52 U.S.C. § 20301 (previously 42 U.S.C. § 1973ff et seq.)

Constitutional Clause(s):

Equal Protection

Other Dockets:

Eastern District of New York 1:20-cv-04664

Outcome

Prevailing Party: None Yet / None

Relief Sought:

Attorneys fees

Declaratory judgment

Injunction

Relief Granted:

None

Source of Relief:

None yet

Form of Settlement:

Voluntary Dismissal

Issues

Voting:

Election administration

Voting: Physical/Effective Access

Recommended Citation