Case: Liotti v. The Nassau County Board

2:19-cv-04264 | U.S. District Court for the Eastern District of New York

Filed Date: July 24, 2019

Closed Date: Dec. 14, 2021

Clearinghouse coding complete

Case Summary

This case is about the constitutionality of the cross endorsement of judicial candidates amongst all the political parties in Nassau County, New York. In July of 2019, an attorney filed a lawsuit on behalf of himself in the U.S. District Court for the Eastern District of New York. The plaintiff sued the Nassau County Board of Elections, the New York State Board of Elections, the Nassau County Republican Committee, the Nassau County Democratic Committee, the Nassau County Conservative Party, and…

This case is about the constitutionality of the cross endorsement of judicial candidates amongst all the political parties in Nassau County, New York. In July of 2019, an attorney filed a lawsuit on behalf of himself in the U.S. District Court for the Eastern District of New York. The plaintiff sued the Nassau County Board of Elections, the New York State Board of Elections, the Nassau County Republican Committee, the Nassau County Democratic Committee, the Nassau County Conservative Party, and the Bar Association of Nassau County, under the First, Fourteenth, Fifteenth, and Nineteenth Amendments of the United States Constitution, as well as under the Civil Rights Act and Voting Right Act, specifically  42 U.S.C. § 1983 and 52 U.S.C. §10101. The plaintiff represented himself pro se, and sought declaratory and injunctive relief, as well as compensatory and punitive damages and attorneys' fees. They claimed that the practice of cross-party endorsements for judicial candidates in Nassau County violated the United States Constitution and infringed on voting rights and civil rights.

The complaint alleged that the Boards of Election of the Bar Association failed to disapprove judicial candidates that were cross endorsed by political parties, alleging that this failure interfered with the plaintiff’s right to vote, and deprived voters at large the freedom of choice in candidates. The complaint also alleged that the defendants’ actions, as well as inactions, created an unfair advantage for adversaries practicing law and appearing before judges in Nassau County who have financially contributed to the judicial candidates’ campaigns. The plaintiff alleged that this practice of cross-party endorsements was a conspiracy to violate both voting rights and civil rights. The plaintiff filed the complaint on behalf of himself and on behalf of a not-for-profit corporation, however the complaint and the amended complaint provide no further details about the non-profit outside of an address, and as the defendants go on to point out in their motions, it appears to be an association that does not claim to have any members. The complaint and amended complaint also assert claims on behalf of, “the poor, women, and minorities.”

In September of 2019, the New York State Board of Elections, as represented by the Office of the Attorney General of New York State, filed a motion to dismiss for a failure to state a claim. In her letter, the Attorney General pointed out that the exact claims are unclear. Further, the plaintiff’s claims are barred under the 11th amendment, as the state board is a state agency entitled to sovereign immunity. The letter goes on to state that the plaintiff lacks standing because he has not alleged any injury to himself or the entity, he purports to represent that is traceable to any conduct by the state board.  Additionally, the letter discusses that the plaintiff lacks standing to assert claims for voters that will include “the poor, women, and minorities.” The letter goes on to explain that the complaint fails to state an actual claim against the Board, because the Board is named in the caption, but the complaint itself contains no allegations about how the Board violated the law or injured the plaintiff.

A few months later in December of 2019, the plaintiff filed an amended complaint, this time including the Independence Party of New York State and the Working Families Party as two additional named defendants. The plaintiff added the text of Amendments 1, 14, 15, and 19 of the Constitution. The amended complaint also stated “cross-endorsements promote campaign contributions that amount to “a form of legal bribery,” which prejudices his rights because he is unable to financially contribute to the candidacies of those running for judicial office and further disadvantages him because, as a member of the bar, his legal adversaries who have contributed to judicial campaigns have an advantage over him.” Much of the original complaint is still reflected in the amended complaint.

Between January and April of 2021, plaintiffs and defendants filed briefs in opposition to and in support of the State Board of Elections’ Motion to Dismiss the Amended complaint for lack of standing and for a failure to state a claim.

By December of 2021, the Court granted the defendants’ motions to dismiss and sua sponte granted the motion to dismiss on behalf of the other defendants. The Court agreed with the defendants that the plaintiff had failed to state a claim and lacked standing.

This case is closed.

Summary Authors

Devin Barbaro (2/20/2025)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/15962610/parties/liotti-v-the-nassau-county-board-of-elections/


Judge(s)
Attorney for Plaintiff
Attorney for Defendant

Arz, Roderick Leopold (New York)

Bee, Peter A. (New York)

Ben-Sorek, Liora M. (New York)

Goldberg, Jane R. (New York)

Gray, Kenneth Anthony (New York)

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Documents in the Clearinghouse

Document
Docket

2:19-cv-04264

Trial Court Docket

Dec. 20, 2021

Dec. 20, 2021

Docket
1

2:19-cv-04264

Verified Complaint

July 24, 2019

July 24, 2019

Complaint
21

2:19-cv-04264

Motion for Pre-Motion Conference

Sept. 17, 2019

Sept. 17, 2019

Pleading / Motion / Brief
35

2:19-cv-04264

Amended Verified Complaint

Dec. 13, 2019

Dec. 13, 2019

Complaint
57

2:19-cv-04264

Memo of Law in Support of Defendant's Motion to Dismiss

Jan. 15, 2021

Jan. 15, 2021

Pleading / Motion / Brief
60

2:19-cv-04264

Composite Memorandum of Law of Plaintiffs in Opposition to Defendants'' Motions to Dismiss

March 12, 2021

March 12, 2021

Pleading / Motion / Brief
61

2:19-cv-04264

Reply in Support of Defendant's Motion to Dismiss

April 29, 2021

April 29, 2021

Pleading / Motion / Brief
69

2:19-cv-04264

Memorandum of Law in Support of the Bar Association of Nassau County, NY, Inc.'s Motion to Dismiss the Amended Verified Complaint

April 30, 2021

April 30, 2021

Pleading / Motion / Brief
81

2:19-cv-04264

Memorandum of Law in Reply to Plaintiffs Opposition and in Further Support of Defendants' Motion to Dismiss

April 30, 2021

April 30, 2021

Pleading / Motion / Brief
73

2:19-cv-04264

Reply Memorandum of Law in Further Support of the Bar Association of Nassau County, New York, Inc.'s Motion to Dismiss the Amended Verified Complaint

April 30, 2021

April 30, 2021

Pleading / Motion / Brief

Docket

See docket on RECAP: https://www.courtlistener.com/docket/15962610/liotti-v-the-nassau-county-board-of-elections/

Last updated April 22, 2025, 3:35 p.m.

ECF Number Description Date Link Date / Link
2

Proposed Summons. by Thomas F. Liotti, Esq (Flanagan, Doreen) Modified on 7/25/2019 (Flanagan, Doreen). (Entered: 07/25/2019)

July 24, 2019

July 24, 2019

PACER

Notice: Re: Incomplete Civil Cover Sheet

July 24, 2019

July 24, 2019

PACER
3

Proposed Summons.Civil Cover Sheet.. by Thomas F. Liotti, Esq.. (Liotti, Thomas) Modified on 7/25/2019 (Flanagan, Doreen). (Main Document 3 replaced on 7/25/2019) (Flanagan, Doreen). (Additional attachment(s) added on 7/25/2019: # 1 Proposed Summons) (Flanagan, Doreen). (Entered: 07/24/2019)

July 24, 2019

July 24, 2019

PACER

Notice: Re: Missing Civil Cover Sheet. The Clerk's Office cannot assign this case without a completed Civil Cover Sheet. Please submit a Civil Cover Sheet using the event Proposed Summons/Civil Cover Sheet - found under Other Documents. (Rodin, Deanna)

July 24, 2019

July 24, 2019

PACER
1

COMPLAINT against The Bar Association of Nassau County, Inc., The Nassau County Board of Elections, The Nassau Couty Conservative Party, The Nassau County Democratic Committee, The Nassau County Republican Committee, The New York State Board of Elections filing fee $ 400, receipt number ANYEDC-11695263 Was the Disclosure Statement on Civil Cover Sheet completed - No,, filed by Thomas F. Liotti, Esq.. (Liotti, Thomas) Modified on 7/25/2019 (Flanagan, Doreen). (Entered: 07/24/2019)

July 24, 2019

July 24, 2019

Clearinghouse
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. (Flanagan, Doreen) (Entered: 07/25/2019)

July 25, 2019

July 25, 2019

PACER

Incorrect Case-Document Information

July 25, 2019

July 25, 2019

PACER

Case Assigned/Reassigned

July 25, 2019

July 25, 2019

PACER

Case Assigned to Judge Roslynn R. Mauskopf and Magistrate Judge Lois Bloom. 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. (Flanagan, Doreen)

July 25, 2019

July 25, 2019

PACER
4

This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made. (Flanagan, Doreen) (Entered: 07/25/2019)

July 25, 2019

July 25, 2019

PACER

Proposed Summons is rejected for the following reasons: the caption on the Proposed Summons does not match the caption of the Complaint and the section that reads "To: (Defendant's name and address)" has not been correctly completed (please correct the last two named Defendants to The Nassau Couty Conservative Party and The Bar Association of Nassau County, Inc.) to conform to the Complaint and the date on the Proposed Summons is incorrect as it is added by the Clerk's Office as of the date of issuance (please leave the date blank). The Clerk's Office cannot issue the Proposed Summons. Counsel is advised to submit a completed Proposed Summons using the event Proposed Summons/Civil Cover Sheet. (Flanagan, Doreen)

July 25, 2019

July 25, 2019

PACER

Incorrect Case/Document Entry Information. Deleted Document Entry No. 2 (Proposed Summons) initially filed as Summons Returned Executed and re-entered the Proposed Summons utilizing the correct event. In addition, the Civil Cover Sheet and Proposed Summons, filed in Document Entry No. 3, was separated between the Main Document and Attachment 1 in Document Entry No. 3. (Flanagan, Doreen)

July 25, 2019

July 25, 2019

PACER
6

Proposed Summons. by Thomas F. Liotti, Esq (Liotti, Thomas) (Entered: 07/26/2019)

July 26, 2019

July 26, 2019

PACER

Order Reassigning Case

Aug. 1, 2019

Aug. 1, 2019

PACER

ORDER REASSIGNING CASE. Case reassigned to Judge Ann M Donnelly for all further proceedings. Judge Roslynn R. Mauskopf no longer assigned to case 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. Ordered by Chief Judge Dora Lizette Irizarry on 8/1/2019. (Bowens, Priscilla)

Aug. 1, 2019

Aug. 1, 2019

PACER
8

ORDER: The Honorable Ann M. Donnelly assigned this case to me for all pretrial purposes. Enclosed is a copy of the "Individual Practices of Magistrate Judge Lois Bloom." Plaintiff and defendants, alike, are required to follow these rules. Plaintiff is to provide a copy of this Order and the enclosed rules to defendants along with the summons and complaint. Plaintiff shall have 90 days from the date of this Order to serve defendants and file proof of service with the Court. Accordingly, if proper service is not made upon defendants by 11/7/2019, or if plaintiff fails to show good cause why such service has not been effected by that date, it will be recommended that the Court should dismiss this action without prejudice. Plaintiff is required to advise the Clerk of Court of any change of address. Plaintiff may choose to receive electronic notification of court issued filings in this civil case. If plaintiff is eligible and wishes to receive electronic notification of court issued documents, plaintiff should complete the attached Registration and Consent form and return the form to the Court. SO ORDERED by Magistrate Judge Lois Bloom, on 8/9/2019. W/Attachments: # 1 Individual Practices of Magistrate Judge Lois Bloom, # 2 Instruction for Pro Se Registration and Consent for Electronic Service of Orders and Notices Issued by the Court in Civil Cases, # 3 Pro Se Registration and Consent Form. Electronic service upon pro se Plaintiff via e-mail. C/mailed. (Service upon Defendants due by 11/7/2019.) (Latka-Mucha, Wieslawa) (Entered: 08/12/2019)

Aug. 9, 2019

Aug. 9, 2019

PACER
7

Summons Issued as to The Bar Association of Nassau County, Inc., The Nassau County Board of Elections, The Nassau County Democratic Committee, The Nassau County Republican Committee, The Nassau Couty Conservative Party, The New York State Board of Elections. (Herrera, Isaiah) (Entered: 08/09/2019)

Aug. 9, 2019

Aug. 9, 2019

PACER
14

NOTICE of Appearance by Andrew Kenneth Preston on behalf of The Nassau County Republican Committee, The Nassau Couty Conservative Party (notification declined or already on case) (Preston, Andrew) (Entered: 08/30/2019)

Aug. 30, 2019

Aug. 30, 2019

PACER

Order on Motion for Pre Motion Conference

Aug. 30, 2019

Aug. 30, 2019

PACER
13

NOTICE of Appearance by Stephen Louis Martir on behalf of The Nassau County Republican Committee, The Nassau Couty Conservative Party (aty to be noticed) (Martir, Stephen) (Entered: 08/30/2019)

Aug. 30, 2019

Aug. 30, 2019

PACER
12

NOTICE of Appearance by Peter A. Bee on behalf of The Nassau County Republican Committee, The Nassau Couty Conservative Party (aty to be noticed) (Bee, Peter) (Entered: 08/30/2019)

Aug. 30, 2019

Aug. 30, 2019

PACER
11

Letter MOTION for Extension of Time to File Answer / Response to Complaint (DE 1 ) filed by The Nassau County Board of Elections. (Ben-Sorek, Liora) Modified. (Latka-Mucha, Wieslawa) (Entered: 08/30/2019)

Aug. 30, 2019

Aug. 30, 2019

PACER
10

Letter MOTION for leave to allow Pro Se to Electronically File by Thomas F. Liotti, Esq. (Latka-Mucha, Wieslawa) (Entered: 08/30/2019)

Aug. 30, 2019

Aug. 30, 2019

PACER

ORDER granting 9 Motion for Pre-Motion Conference: The pre-motion conference on the defendants' motion to dismiss will be held on October 9, 2019, at 10:30 a.m. in Courtroom 4G North. The plaintiff may respond to the defendants' letter by September 13, 2019. Ordered by Judge Ann M Donnelly on 8/30/2019. (Tuminelli, Amanda)

Aug. 30, 2019

Aug. 30, 2019

PACER
9

MOTION for pre motion conference Letter to Judge Donnelly requesting pre-motion conference by The Nassau County Republican Committee, The Nassau Couty Conservative Party. (Preston, Andrew) (Entered: 08/30/2019)

Aug. 30, 2019

Aug. 30, 2019

PACER
15

ORDER: Defendant Nassau County Board of Elections requests an extension of time to respond to plaintiff's 1 Complaint. The 11 request is granted. Defendant Nassau County Board of Elections shall respond to plaintiff's complaint by 10/4/2019. In the interest of judicial economy, defendants Nassau County Democratic Committee, New York State Board of Elections, and the Bar Association of Nassau County, Inc.'s deadline to respond to plaintiff's complaint is likewise extended to 10/4/2019. SO ORDERED by Magistrate Judge Lois Bloom, on 9/3/2019. (Defendants' answers due 10/4/2019. (Latka-Mucha, Wieslawa) (Entered: 09/04/2019)

Sept. 3, 2019

Sept. 3, 2019

PACER
16

NOTICE of Appearance by Adam Matthew Marshall on behalf of The Bar Association of Nassau County, Inc. (aty to be noticed) (Marshall, Adam) (Entered: 09/06/2019)

Sept. 6, 2019

Sept. 6, 2019

PACER
19

ORDER, granting 10 Motion for Leave to Allow Pro Se to Electronically File. Mr. Liotti is permitted to use ECF to file documents in this case. The application is granted. SO ORDERED by Magistrate Judge Lois Bloom, on 9/9/2019. The pro se party shall register for ECF, registration is available online at www.pacer.gov. (Received for docketing on 9/13/2019.) (Latka-Mucha, Wieslawa) (Entered: 09/13/2019)

Sept. 9, 2019

Sept. 9, 2019

PACER
17

NOTICE of Appearance by Jane R. Goldberg on behalf of The New York State Board of Elections (aty to be noticed) (Goldberg, Jane) (Entered: 09/10/2019)

Sept. 10, 2019

Sept. 10, 2019

PACER
18

NOTICE of Appearance by Kenneth Anthony Gray on behalf of The Nassau County Republican Committee, The Nassau Couty Conservative Party (notification declined or already on case) (Gray, Kenneth) (Entered: 09/11/2019)

Sept. 11, 2019

Sept. 11, 2019

PACER
20

Letter dated 9/12/2019 from Thomas F. Liotti, Esq. to Your Honors, in response to Mr. Preston's 9 letter of August 29, 2019 requesting a pre-motion conference. (Latka-Mucha, Wieslawa) (Entered: 09/17/2019)

Sept. 12, 2019

Sept. 12, 2019

PACER
21

MOTION to Dismiss for Failure to State a Claim and for lack of jurisdiction by The New York State Board of Elections. (Goldberg, Jane) (Entered: 09/17/2019)

Sept. 17, 2019

Sept. 17, 2019

PACER
27

SUMMONS Returned Executed by Thomas F. Liotti, Esq. The New York State Board of Elections served on 8/20/2019, answer due 10/4/2019. (Liotti, Thomas) (Entered: 09/19/2019)

Sept. 19, 2019

Sept. 19, 2019

PACER
26

SUMMONS Returned Executed by Thomas F. Liotti, Esq. The Nassau County Board of Elections served on 8/16/2019, answer due 10/4/2019. (Liotti, Thomas) (Entered: 09/19/2019)

Sept. 19, 2019

Sept. 19, 2019

PACER
25

SUMMONS Returned Executed by Thomas F. Liotti, Esq. The Nassau County Republican Committee served on 8/26/2019, answer due 9/16/2019. (Liotti, Thomas) (Entered: 09/19/2019)

Sept. 19, 2019

Sept. 19, 2019

PACER
24

SUMMONS Returned Executed by Thomas F. Liotti, Esq. The Nassau County Democratic Committee served on 8/16/2019, answer due 10/4/2019. (Liotti, Thomas) (Entered: 09/19/2019)

Sept. 19, 2019

Sept. 19, 2019

PACER
23

SUMMONS Returned Executed by Thomas F. Liotti, Esq. The Bar Association of Nassau County, Inc. served on 8/16/2019, answer due 10/4/2019. (Liotti, Thomas) (Entered: 09/19/2019)

Sept. 19, 2019

Sept. 19, 2019

PACER
22

SUMMONS Returned Executed by Thomas F. Liotti, Esq. The Nassau Couty Conservative Party served on 8/16/2019, answer due 9/6/2019. (Liotti, Thomas) (Entered: 09/19/2019)

Sept. 19, 2019

Sept. 19, 2019

PACER
29

MOTION for pre motion conference Re: Motion to Dismiss the Complaint as Against the Bar Association by The Bar Association of Nassau County, Inc.. (Scher, Brett) (Entered: 09/20/2019)

Sept. 20, 2019

Sept. 20, 2019

PACER
28

NOTICE of Appearance by Brett A Scher on behalf of The Bar Association of Nassau County, Inc. (aty to be noticed) (Scher, Brett) (Entered: 09/20/2019)

Sept. 20, 2019

Sept. 20, 2019

PACER

Order on Motion for Pre Motion Conference

Sept. 23, 2019

Sept. 23, 2019

PACER

Order on Motion to Dismiss for Failure to State a Claim

Sept. 23, 2019

Sept. 23, 2019

PACER

ORDER granting 21, 29 Motions for Pre Motion Conference. The defendants' motions will be addressed at the October 9, 2019 pre-motion conference. Ordered by Judge Ann M Donnelly on 9/23/2019. (Tuminelli, Amanda)

Sept. 23, 2019

Sept. 23, 2019

PACER
30

Letter MOTION for pre motion conference by The Nassau County Board of Elections. (Ben-Sorek, Liora) (Entered: 09/27/2019)

Sept. 27, 2019

Sept. 27, 2019

PACER
31

First MOTION to Adjourn Conference Re: Pre-Motion Conference Scheduled for 10/9/19 by The Bar Association of Nassau County, Inc.. (Marshall, Adam) (Entered: 09/29/2019)

Sept. 29, 2019

Sept. 29, 2019

PACER

Order on Motion for Pre Motion Conference

Sept. 30, 2019

Sept. 30, 2019

PACER

Order on Motion to Adjourn Conference

Sept. 30, 2019

Sept. 30, 2019

PACER

ORDER granting 30 Motion for Pre Motion Conference; granting 31 Motion to Adjourn Conference. The pre-motion conference on the defendants' motions to dismiss will be held on October 28, 2019, at 10:30 a.m. in Courtroom 4G North. Ordered by Judge Ann M Donnelly on 9/30/2019. (Tuminelli, Amanda)

Sept. 30, 2019

Sept. 30, 2019

PACER

Scheduling Order

Oct. 22, 2019

Oct. 22, 2019

PACER

SCHEDULING ORDER. The pre-motion conference on the defendants' motions to dismiss is ADJOURNED to Wednesday, November 6, 2019 at 3:00 p.m. in Courtroom 4G North. As noted in the previous scheduling order, the Court is in receipt of the plaintiff's letter 20 in response to the Nassau County Republican Party and the Nassau County Conservative Party's request for a pre-motion conference 9 . Since receiving that letter, several other defendants have also submitted letters seeking a pre-motion conference on their respective motions to dismiss at 21, 29, and 30 . The plaintiff is directed to submit a response to 21, 29, and 30 by Monday, October 28, 2019. Ordered by Judge Ann M. Donnelly on 10/22/2019. (Kostopoulos, Georgia)

Oct. 22, 2019

Oct. 22, 2019

PACER

SCHEDULING ORDER. Due to a scheduling change, the pre-motion conference on the defendants' motions to dismiss is rescheduled to November 5, 2019 at 3:00 p.m. in Courtroom 4G North. The Court is in receipt of the plaintiff's letter 20 in response to the Nassau County Republican Party and the Nassau County Conservative Party's request for a pre-motion conference 9 . Since receiving that letter, several other defendants have also submitted letters seeking a pre-motion conference on their respective motions to dismiss at 21, 29, and 30 . The plaintiff is directed to submit a response to 21, 29, and 30 by Monday, October 28, 2019. Ordered by Judge Ann M. Donnelly on 10/22/2019. (Kostopoulos, Georgia)

Oct. 22, 2019

Oct. 22, 2019

PACER

Scheduling Order

Oct. 28, 2019

Oct. 28, 2019

PACER

SCHEDULING ORDER: Due to a scheduling conflict, the pre-motion conference on the defendants' motions to dismiss is rescheduled to November 21, 2019 at 10:30 a.m. in Courtroom 4G North. Ordered by Judge Ann M. Donnelly on 10/28/2019. (Kostopoulos, Georgia)

Oct. 28, 2019

Oct. 28, 2019

PACER

Order on Motion for Extension of Time to File Response/Reply

Nov. 1, 2019

Nov. 1, 2019

PACER

ORDER granting 32 Motion for Extension of Time to File Response/Reply. The plaintiff's request for an extension is granted. The plaintiff is directed to respond to the defendants' pre-motion letters at 21, 29, and 30 by November 12, 2019. Ordered by Judge Ann M. Donnelly on 11/1/2019. (Kostopoulos, Georgia)

Nov. 1, 2019

Nov. 1, 2019

PACER
32

First MOTION for Extension of Time to File Response/Reply by Thomas F. Liotti, Esq. (Liotti, Thomas) (Entered: 11/01/2019)

Nov. 1, 2019

Nov. 1, 2019

PACER
33

Letter Response to Pre-Motion Letter 21, 29, 30 . by Thomas F. Liotti, Esq (Attachments: # 1 Exhibit A. Fix the Way NY Selects State Supreme Court Judges., # 2 Exhibit B. End Cross-Endorsements in NY., # 3 Exhibit C.LI Supreme Court Candidates Receive Cross-Endorsements, # 4 Exhibit D. Keep Fusion Voting; Open Up Process, # 5 Exhibit E.Election Results., # 6 Exhibit F. Voters Guide.) (Liotti, Thomas) (Entered: 11/12/2019)

Nov. 12, 2019

Nov. 12, 2019

PACER
34

NOTICE by The Bar Association of Nassau County, Inc. re Scheduling Order, Notice of Supplemental Authority (Attachments: # 1 Exhibit Decision from 2nd Circuit dated October 8, 2019) (Scher, Brett) (Entered: 11/20/2019)

Nov. 20, 2019

Nov. 20, 2019

PACER

MINUTE ORDER for Pre-Motion Conference held on November 21, 2019 before the Hon. Ann M. Donnelly. Attorney Thomas Liotti, pro se and on behalf of plaintiff. Attorneys Liora Ben-Sorek, Jane Goldberg, Brett Scher, and Kenneth Gray on behalf of the defendants. Case called. Discussion held. The plaintiff will file an amended complaint by December 20, 2019. The defendants are directed to submit a brief proposal to the court regarding consolidated briefing on the motion to dismiss by January 6, 2020. The defendants must move to dismiss or otherwise answer the amended complaint by February 6, 2020. The plaintiff's opposition is due March 6, 2020. The defendants' reply, if any, is due March 20, 2020. (Court Reporter Anthony Frisolone.) (Abdallah, Fida)

Nov. 21, 2019

Nov. 21, 2019

PACER

Pre Motion Conference

Nov. 25, 2019

Nov. 25, 2019

PACER
35

AMENDED COMPLAINT against The Bar Association of Nassau County, Inc., The Nassau County Board of Elections, The Nassau County Democratic Committee, The Nassau County Republican Committee, The Nassau Couty Conservative Party, The New York State Board of Elections, Independence Party of New York State, Working Families Party, filed by Thomas F. Liotti, Esq. (Attachments: # 1 Proposed Summons) (Liotti, Thomas) (Entered: 12/13/2019)

Dec. 13, 2019

Dec. 13, 2019

PACER
36

Summons Issued as to Independence Party of New York State, The Bar Association of Nassau County, Inc., The Nassau County Board of Elections, The Nassau County Democratic Committee, The Nassau County Republican Committee, The Nassau Couty Conservative Party, The New York State Board of Elections, Working Families Party. (Herrera, Isaiah) (Entered: 12/16/2019)

Dec. 16, 2019

Dec. 16, 2019

PACER
37

Letter (Joint Letter) regarding consolidated motion briefing, on behalf of Defendants Nassau County Board of Elections, New York State Board of Elections, Nassau County Bar Association, Nassau County Republican Committee and Nassau County Conservative Committee by The Nassau County Board of Elections (Ben-Sorek, Liora) (Entered: 01/06/2020)

Jan. 6, 2020

Jan. 6, 2020

PACER
38

Letter Letter to Hon. Ann M. Donnelly in Reply to Ben-Sorek, Liora's letter on 01/06/2020 by Thomas F. Liotti, Esq (Liotti, Thomas) (Entered: 01/09/2020)

Jan. 9, 2020

Jan. 9, 2020

PACER
39

SUMMONS Returned Executed by Thomas F. Liotti, Esq. Independence Party of New York State served on 12/27/2019, answer due 1/17/2020. (Liotti, Thomas) (Entered: 01/10/2020)

Jan. 10, 2020

Jan. 10, 2020

PACER

Scheduling Order

Jan. 13, 2020

Jan. 13, 2020

PACER

SCHEDULING ORDER: The defendants' request to adjourn the current briefing schedule until the additional defendants named in the plaintiff's amended complaint have appeared is granted. The current briefing schedule is adjourned sine die. Ordered by Judge Ann M. Donnelly on 1/13/2020. (Kostopoulos, Georgia)

Jan. 13, 2020

Jan. 13, 2020

PACER
40

SUMMONS Returned Executed by Thomas F. Liotti, Esq. Working Families Party served on 2/6/2020, answer due 2/27/2020. (Liotti, Thomas) (Entered: 02/10/2020)

Feb. 10, 2020

Feb. 10, 2020

PACER
41

Letter to Hon. Gary R. Brown by Thomas F. Liotti, Esq (Liotti, Thomas) (Entered: 02/13/2020)

Feb. 13, 2020

Feb. 13, 2020

PACER

Case Assigned/Reassigned

Feb. 13, 2020

Feb. 13, 2020

PACER

Case Reassigned to Judge Gary R. Brown. Judge Ann M Donnelly no longer assigned to the case. 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. (Toritto, Jim)

Feb. 13, 2020

Feb. 13, 2020

PACER
42

NOTICE of Appearance by Adam Nicolazzo on behalf of The Bar Association of Nassau County, Inc. (aty to be noticed) (Nicolazzo, Adam) (Entered: 02/14/2020)

Feb. 14, 2020

Feb. 14, 2020

PACER
43

ORDER OF RECUSAL - The undersigned hereby recuses himself from this matter pursuant to U.S.C. § 455(a) and it is requested that the Clerk of Court reassign this matter to a District Judge from the Long Island Wheel. SO Ordered by Judge Gary R. Brown on 2/19/2020. (Case reassigned to Judge William F. Kuntz, II for all further proceedings) (Tirado, Chelsea) (Entered: 02/19/2020)

Feb. 19, 2020

Feb. 19, 2020

PACER
44

Letter to Hon. William F. Kuntz, II by Thomas F. Liotti, Esq (Liotti, Thomas) (Entered: 10/01/2020)

Oct. 1, 2020

Oct. 1, 2020

PACER

NOTICE of Hearing: The previously scheduled status conference for Thursday, October 15, 2020 at 10:00 A.M. will proceed via AT&T telephone conference before Judge William F. Kuntz II. All parties are required to attend. The parties are directed to call the toll-free number (888) 684-8852 and input the Access Code 7226130 at the time of the conference. No additional security code is needed. The parties are reminded that they may not independently record any court proceedings. A transcript of the proceedings may be ordered from the Clerk's Office. (Love, Alexis)

Oct. 6, 2020

Oct. 6, 2020

PACER
45

SCHEDULING ORDER: The Court hereby schedules a status conference in the above-captioned action for Thursday, October 15, 2020 at 10:00 A.M. via telephone conferencing. Telephone conference instructions will be posted on the docket. So Ordered by Judge William F. Kuntz, II on 10/6/2020. (Love, Alexis) (Entered: 10/06/2020)

Oct. 6, 2020

Oct. 6, 2020

PACER

Notice(Other)

Oct. 6, 2020

Oct. 6, 2020

PACER

Minute Entry for proceedings held before Judge William F. Kuntz, II: Telephonic Status Conference held on 10/15/2020. Appearances: Attorney Thomas F. Liotti, pro se and on behalf of plaintiff. Liora Ben-Sorek, Esq. appeared on behalf of the defendant The Nassau County Board of Elections. Stephen Martir, Esq. appeared on behalf of defendants The Nassau County Republican Committee and The Nassau County Conservative Party. Adam Nicolazzo, Esq. appeared on behalf of the defendant The Bar Association of Nassau County, Inc. Case called. Discussion held. The parties are directed to submit a proposed stipulation and order establishing a joint briefing schedule as to the Motion to Dismiss on or before Friday, October 30, 2020 at 5:00 P.M. (Court Reporter Holly Driscoll.) (Love, Alexis)

Oct. 15, 2020

Oct. 15, 2020

PACER
46

Letter Correspondence to All Counsels on a proposed scheduling order per telephone conference by Thomas F. Liotti, Esq (Liotti, Thomas) (Entered: 10/19/2020)

Oct. 19, 2020

Oct. 19, 2020

PACER
49

Letter Correspondence to Hon. Antonio Brandveen in reference to various pending cases by Thomas F. Liotti, Esq (Liotti, Thomas) (Entered: 10/26/2020)

Oct. 26, 2020

Oct. 26, 2020

PACER
48

SCHEDULING ORDER re 47 Letter: The application is granted. 1. Defendants' motions to dismiss shall be served by January 15, 2021; 2. Plaintiff's opposition(s) to the motions to dismiss, together with any cross-motion, shall be served by March 15, 2021; 3. Defendants' opposition to plaintiff's cross-motion (if any) shall be served by April 15, 2021; and 4. Defendants' replies to their respective motions to dismiss and plaintiff's reply to the cross-motion (if any) shall be served by April 30, 2021.So Ordered by Judge William F. Kuntz, II on 10/26/2020. (Love, Alexis) (Entered: 10/26/2020)

Oct. 26, 2020

Oct. 26, 2020

PACER
47

Letter with Proposed Briefing Schedule for all Defendants' Motions to Dismiss the Complaint by The Bar Association of Nassau County, Inc. (Nicolazzo, Adam) (Entered: 10/26/2020)

Oct. 26, 2020

Oct. 26, 2020

PACER

Status Conference AND Telephone Conference

Oct. 29, 2020

Oct. 29, 2020

PACER
50

Letter To Hon. William F. Kuntz, II with attachments by Thomas F. Liotti, Esq (Liotti, Thomas) (Entered: 11/02/2020)

Nov. 2, 2020

Nov. 2, 2020

PACER
54

Letter pursuant to the Court's Individual Rules, evidencing service of motion papers on Plaintiff by The Nassau County Republican Committee, The Nassau Couty Conservative Party (Martir, Stephen) (Entered: 01/15/2021)

Jan. 15, 2021

Jan. 15, 2021

PACER
53

Letter evidencing service of the Bar Association's Motion to Dismiss the Amended Verified Complaint by The Bar Association of Nassau County, Inc. (Nicolazzo, Adam) (Entered: 01/15/2021)

Jan. 15, 2021

Jan. 15, 2021

PACER
52

Letter evidencing service of motion papers on Plaintiff pursuant to the Court's Individual Rules by The New York State Board of Elections (Goldberg, Jane) (Entered: 01/15/2021)

Jan. 15, 2021

Jan. 15, 2021

PACER
51

Letter pursuant to Court's Individual Rules, evidencing service of motion papers on Plaintiff by The Nassau County Board of Elections (Ben-Sorek, Liora) (Entered: 01/15/2021)

Jan. 15, 2021

Jan. 15, 2021

PACER
62

Letter Cover Letter Accompanying Fully-Briefed Motion by The Nassau County Board of Elections (Ben-Sorek, Liora) (Entered: 04/29/2021)

April 29, 2021

April 29, 2021

PACER
61

REPLY in Support re 60 Memorandum in Opposition, 59 Affidavit in Opposition to Motion,,,, filed by The Nassau County Board of Elections. (Ben-Sorek, Liora) (Entered: 04/29/2021)

April 29, 2021

April 29, 2021

Clearinghouse
60

MEMORANDUM in Opposition re 59 Affidavit in Opposition to Motion,,,, 55 Notice of MOTION to Dismiss for Failure to State a Claim pursuant to Fed. R. Civ. Pro. 12(b)(1) and (6) filed by The Nassau County Board of Elections. (Ben-Sorek, Liora) (Entered: 04/29/2021)

April 29, 2021

April 29, 2021

PACER
59

AFFIDAVIT/DECLARATION in Opposition re 55 Notice of MOTION to Dismiss for Failure to State a Claim pursuant to Fed. R. Civ. Pro. 12(b)(1) and (6) with Plaintiffs' Exhibits A through L attached filed by The Nassau County Board of Elections. (Attachments: # 1 Exhibit Exhibit A - Synopsis of Liotti Resume, # 2 Exhibit Exhibit B - Westbury Times Article dated 3/2/1978, # 3 Exhibit Exhbit C - Article from Criminal Justice Journal, Winter 1997 Edition, # 4 Exhibit Exhibit D - Undated News Article, # 5 Exhibit Exhibit E - 3/4/2021 Article from The New York Law Journal, # 6 Exhibit Exhibit F - New York Times Editorial, 2/9/2021, # 7 Exhibit Exhibit F - New York Times Article, 2/16/2021, # 8 Exhibit Exhibit H - Article in The Verdict authored by Thomas Liotti, # 9 Exhibit Exhibit I - Newsday Article 2/25/2021 titled Spota Judge to unseal Burke-related records, # 10 Exhibit Exhibit J - Newsday Article, 2/25/2021 titled Board rejects proposal to limit political activity of judges, # 11 Exhibit Exhibit K - Newsday Editorial dated 2/5/2021, # 12 Exhibit Exhibit L - Copy of Amended Complaint in this action) (Ben-Sorek, Liora) (Entered: 04/29/2021)

April 29, 2021

April 29, 2021

PACER
58

CERTIFICATE OF SERVICE by The Nassau County Board of Elections re 56 Affidavit in Support of Motion, 57 Memorandum in Support, 55 Notice of MOTION to Dismiss for Failure to State a Claim pursuant to Fed. R. Civ. Pro. 12(b)(1) and (6) (Attachments: # 1 Exhibit Cover Letter accompanying initial motion papers) (Ben-Sorek, Liora) (Entered: 04/29/2021)

April 29, 2021

April 29, 2021

PACER
57

MEMORANDUM in Support re 56 Affidavit in Support of Motion, 55 Notice of MOTION to Dismiss for Failure to State a Claim pursuant to Fed. R. Civ. Pro. 12(b)(1) and (6) filed by The Nassau County Board of Elections. (Ben-Sorek, Liora) (Entered: 04/29/2021)

April 29, 2021

April 29, 2021

PACER
56

AFFIDAVIT/DECLARATION in Support re 55 Notice of MOTION to Dismiss for Failure to State a Claim pursuant to Fed. R. Civ. Pro. 12(b)(1) and (6) filed by The Nassau County Board of Elections. (Attachments: # 1 Exhibit Exhibit A - Copy of Amended Summons and Amended Complaint) (Ben-Sorek, Liora) (Entered: 04/29/2021)

April 29, 2021

April 29, 2021

PACER
55

Notice of MOTION to Dismiss for Failure to State a Claim pursuant to Fed. R. Civ. Pro. 12(b)(1) and (6) by The Nassau County Board of Elections. (Ben-Sorek, Liora) (Entered: 04/29/2021)

April 29, 2021

April 29, 2021

PACER
83

Letter Cover letter accompanying fully briefed motion by The New York State Board of Elections (Goldberg, Jane) (Entered: 04/30/2021)

April 30, 2021

April 30, 2021

PACER
82

Letter Cover Letter accompanying fully briefed Motion by The Nassau County Republican Committee, The Nassau Couty Conservative Party (Martir, Stephen) (Entered: 04/30/2021)

April 30, 2021

April 30, 2021

Clearinghouse
81

REPLY in Support re 74 Notice of MOTION to Dismiss for Failure to State a Claim pursuant to Fed. R. Civ. Pro. 12(b)(1) and (6) by The Nassau County Board of Elections filed by The Nassau County Republican Committee, The Nassau Couty Conservative Party. (Martir, Stephen) (Entered: 04/30/2021)

April 30, 2021

April 30, 2021

PACER
80

MEMORANDUM in Opposition re 74 Notice of MOTION to Dismiss for Failure to State a Claim pursuant to Fed. R. Civ. Pro. 12(b)(1) and (6) by The Nassau County Board of Elections filed by The Nassau County Republican Committee, The Nassau Couty Conservative Party. (Attachments: # 1 Exhibit Exhibit D, # 2 Exhibit Exhibit E, # 3 Exhibit Exhibit F, # 4 Exhibit Exhibit G, # 5 Exhibit Exhibit H, # 6 Exhibit Exhibit I, # 7 Exhibit Exhibit J, # 8 Exhibit Exhibit K, # 9 Exhibit Exhibit L) (Martir, Stephen) (Attachment 5 replaced for statistical purposes- original pdf flagged as corrupt on 9/30/2021) (Jakubowski, Laura). (Entered: 04/30/2021)

April 30, 2021

April 30, 2021

PACER

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: July 24, 2019

Closing Date: Dec. 14, 2021

Case Ongoing: No

Plaintiffs

Plaintiff Description:

A private attorney bringing the case on behalf of himself and on behalf of his own not-for-profit corporation.

Plaintiff Type(s):

Private Plaintiff

Non-profit NON-religious organization

Public Interest Lawyer: Unknown

Filed Pro Se: Unknown

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

The Nassau County Board of Elections (Nassau), County

Defendant Type(s):

Jurisdiction-wide

Facility Type(s):

Government-run

Non-government non-profit

Case Details

Causes of Action:

42 U.S.C. § 1983

Civil Rights Act of 1957/1960, 52 U.S.C. § 10101 (previously 42 U.S.C. § 1971)

Constitutional Clause(s):

Freedom of speech/association

Fifteenth Amendment

Available Documents:

Complaint (any)

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Source of Relief:

None

Issues

Voting:

Candidate qualifications