Case: Napierski v. Guilderland Democratic Committee

Napierski et al v. The Guilderland Democratic

2018 WL 3546175

COMPLAINT WITH JURY DEMAND against Albany County Board of Elections, Rachel L. Bledi, Bryan M. Clenahan, Matthew J. Clyne, Jacob Crawford, Jack Flynn, The Albany County Democratic Committee, The Guilderland Democratic Committee and Gregory J. Wier (Filing fee $400 receipt number ANYNDC-4450643) filed by Eugene E. Napierski and Christine M. Napierski. (Attachments: # 1 Civil Cover Sheet)(jlb) (Entered: 07/18/2018)

Summons Issued as to The Guilderland Democratic Committee. (Attachments: # 1 Summons Issued as to The Albany County Democratic Committee, # 2 Summons Issued as to Jacob Crawford, # 3 Summons Issued as to Jack Flynn, # 4 Summons Issued as to Albany County Board of Elections, # 5 Summons Issued as to Matthew Clyne, # 6 Summons Issued as to Rachel Bledi, # 7 Summons Issued as to Bryan Clenahan, # 8 Summons Issued as to Gregory Wier)(jlb) (Entered: 07/18/2018)

G.O. 25 FILING ORDER ISSUED: Initial Conference set for 10/16/2018 09:00 AM in Albany before Magistrate Judge Daniel J. Stewart. Civil Case Management Plan must be filed and Mandatory Disclosures are to be exchanged by the parties on or before 10/9/2018. (Pursuant to Local Rule 26.2, mandatory disclosures are to be exchanged among the parties but are NOT to be filed with the Court.) (jlb) (Entered: 07/18/2018)

TEXT-ONLY NOTICE REGARDING JUDGE D'AGOSTINO CASE DISPOSITION PILOT - Please refer to the Individual Rules and Practices of the Hon. Mae A. D'Agostino, U.S. District Judge, for guidance regarding the Case Disposition Pilot. http://www.nynd.uscourts.gov/sites/nynd/files/DAgostino_03142016.pdf. (jlb) (Entered: 07/18/2018)

Emergency MOTION for Temporary Restraining Order by Christine M. Napierski, Eugene E. Napierski. (Attachments: # 1 Affidavit of Emergency pursuant to Local Rule 7.1(e), # 2 Declaration in support, # 3 Exhibit(s) A - filed Complaint, # 4 Exhibit(s) B - notice of caucus, # 5 Exhibit(s) C - photographs of Tawasentha Park, # 6 Exhibit(s) Relevant page from GDC campaign finance disclosure report, # 7 Affidavit of Christine M. Napierski, # 8 Affidavit of Eugene E. Napierski, # 9 Memorandum of Law)(Holland, Andrew) (Entered: 07/18/2018)

AFFIDAVIT in Support re 5 Emergency MOTION for Temporary Restraining Order Affidavit of Christopher K. Dennis filed by Christine M. Napierski, Eugene E. Napierski. (Holland, Andrew) (Entered: 07/18/2018)

NOTICE by Christine M. Napierski, Eugene E. Napierski to the New York State Attorney General pursuant to Fed.R.Civ.P. 5.1(a) (Holland, Andrew) (Entered: 07/18/2018)

ORDER OF RECUSAL. U.S. District Judge Mae A. D'Agostino recused. Case reassigned to Chief Judge Glenn T. Suddaby for all further proceedings. The U.S. Magistrate Judge assigned to this case will remain the same. Signed by U.S. District Judge Mae A. D'Agostino on 7/19/2018. (ban) (Entered: 07/19/2018)

TEXT ORDER denying # 5 Plaintiffs' application for an Order to Show Cause, and reserving decision on # 5 Plaintiffs' motions for a Temporary Restraining Order and a Preliminary Injunction pending completion of expedited briefing by Defendants and an expedited hearing on those motions. Plaintiffs' application for an Order to Show Cause is (despite their submission of Dkt. No. 5, Attach. 1) unsupported by a showing of good cause (and substantial prejudice) why reasonable advance notice of the application could not be given to Defendants, as required by Local Rule 7.1(e) of the Local Rules of Practice for this Court. With regard to Plaintiffs' motion for a Temporary Restraining Order, while the Court is certainly disturbed by the asserted actions by Defendants (particularly with regard to the alleged ADA violation), the Court is hesitant to find that the standard for a Temporary Restraining Order has been met (particularly the likelihood-of-success prong) without briefing by Defendants. For similar reasons, the Court reserves decision on Plaintiffs' motion for a Preliminary Injunction pending such briefing and the holding of a hearing. However, based on the evidence adduced thus far (and the scheduled date of the caucus), the Court finds it appropriate to issue an expedited briefing and hearing schedule on Plaintiffs' motions for a Temporary Restraining Order and Preliminary Injunction. As a result, Plaintiffs are directed to serve Defendants with a copy of their Complaint, motion papers and this Text Order on or before noon on Friday, July 20, 2018 and file proof of service of same. Defendants' response papers are due on or before 10:00 a.m. on Monday, July 23, 2018. No reply papers shall be accepted given the brief amount of time between the filing of Plaintiffs' motions and the scheduled date of the caucus. A hearing on Plaintiffs' motions for a Temporary Restraining Order and a Preliminary Injunction is scheduled before the undersigned for 2:00 PM on Monday, July 23, 2018, in Courtroom #6 at the Federal Courthouse in Albany, NY. The parties are directed to file any witness list and exhibit list no later than 12:00 PM on 7/23/18. The parties are notified that the Court will issue a written decision on Plaintiffs' motion for a Temporary Restraining Order and Preliminary Injunction promptly after completion of the hearing. SO ORDERED by Chief Judge Glenn T. Suddaby on 7/19/18. (lmw) (Entered: 07/19/2018)

TEXT NOTICE of Hearing on # 5 Emergency MOTION for Temporary Restraining Order/Preliminary Injunction: Hearing set for 7/23/2018 at 2:00 PM in Courtroom #6 in Albany before Chief Judge Glenn T. Suddaby. Defendants' Response to Motion due no later than 10:00 am on 7/23/2018. Any witness and/or exhibit list must be filed no later than 12:00 pm on 7/23/18. (lmw)

AFFIDAVIT of Service for Notice of Constitutional Question, Summonses, Complaint and Jury Demand, Civil Cover Sheet, GO-25 Order, Text Order on Docket No. 9, Order to Show Cause, Emergency Affidavit, Declaration in Support with Exhibits A through D, Affidavit of Christine M. Napierski, Affidavit of Eugene E. Napierski, Affidavit of Christopher K. Dennis, Memorandum of Law served on New York Attorney General on 7/20/2018, filed by Christine M. Napierski, Eugene E. Napierski. (Holland, Andrew) (Entered: 07/20/2018)

AFFIDAVIT of Service for Summons, Complaint and Jury Demand, Civil Cover Sheet, GO-25 Order, Text Order on Docket No. 9, Order to Show Cause, Emergency Affidavit, Declaration in Support with Exhibits A through D, Affidavit of Christine M. Napierski, Affidavit of Eugene E. Napierski, Affidavit of Christopher K. Dennis, Memorandum of Law served on Albany County Board of Elections on 7/20/2018, filed by Christine M. Napierski, Eugene E. Napierski. (Holland, Andrew) (Entered: 07/20/2018)

AFFIDAVIT of Service for Summons, Complaint and Jury Demand, Civil Cover Sheet, GO-25 Order, Text Order on Docket No. 9, Order to Show Cause, Emergency Affidavit, Declaration in Support with Exhibits A through D, Affidavit of Christine M. Napierski, Affidavit of Eugene E. Napierski, Affidavit of Christopher K. Dennis, Memorandum of Law served on Rachel L. Bledi on 7/20/2018, filed by Christine M. Napierski, Eugene E. Napierski. (Holland, Andrew) (Entered: 07/20/2018)

AFFIDAVIT of Service for Summons, Complaint and Jury Demand, Civil Cover Sheet, GO-25 Order, Text Order on Docket No. 9, Order to Show Cause, Emergency Affidavit, Declaration in Support with Exhibits A through D, Affidavit of Christine M. Napierski, Affidavit of Eugene E. Napierski, Affidavit of Christopher K. Dennis, Memorandum of Law served on Matthew J. Clyne on 7/20/2018, filed by Christine M. Napierski, Eugene E. Napierski. (Holland, Andrew) (Entered: 07/20/2018)

AFFIDAVIT of Service for Summons, Complaint and Jury Demand, Civil Cover Sheet, GO-25 Order, Text Order on Docket No. 9, Order to Show Cause, Emergency Affidavit, Declaration in Support with Exhibits A through D, Affidavit of Christine M. Napierski, Affidavit of Eugene E. Napierski, Affidavit of Christopher K. Dennis, Memorandum of Law served on Bryan J. Clenahan on 7/20/2018, filed by Christine M. Napierski, Eugene E. Napierski. (Holland, Andrew) (Entered: 07/20/2018)

AFFIDAVIT of Service for Summons, Complaint and Jury Demand, Civil Cover Sheet, GO-25 Order, Text Order on Docket No. 9, Order to Show Cause, Emergency Affidavit, Declaration in Support with Exhibits A through D, Affidavit of Christine M. Napierski, Affidavit of Eugene E. Napierski, Affidavit of Christopher K. Dennis, Memorandum of Law served on Gregory J. Wier on 7/20/2018, filed by Christine M. Napierski, Eugene E. Napierski. (Holland, Andrew) (Entered: 07/20/2018)

NOTICE of Appearance by Tracy A. Murphy on behalf of Albany County Board of Elections, Rachel L. Bledi, Matthew J. Clyne (Murphy, Tracy) (Entered: 07/20/2018)

AFFIDAVIT of Service for Summons, Complaint and Jury Demand, Civil Cover Sheet, GO-25 Order, Text Order on Docket No. 9, Order to Show Cause, Emergency Affidavit, Declaration in Support with Exhibits A through D, Affidavit of Christine M. Napierski, Affidavit of Eugene E. Napierski, Affidavit of Christopher K. Dennis, Memorandum of Law served on Jack Flynn, individually and as Chairman of Albany County Democratic Committee on 7/20/2018, filed by Christine M. Napierski, Eugene E. Napierski. (Holland, Andrew) (Entered: 07/20/2018)

AFFIDAVIT of Service for Summons, Complaint and Jury Demand, Civil Cover Sheet, GO-25 Order, Text Order on Docket No. 9, Order to Show Cause, Emergency Affidavit, Declaration in Support with Exhibits A through D, Affidavit of Christine M. Napierski, Affidavit of Eugene E. Napierski, Affidavit of Christopher K. Dennis, Memorandum of Law served on Albany County Democratic Committee on 7/20/2018, filed by Christine M. Napierski, Eugene E. Napierski. (Holland, Andrew) (Entered: 07/20/2018)

AFFIDAVIT of Service for Summons, Complaint and Jury Demand, Civil Cover Sheet, GO-25 Order, Text Order on Docket No. 9, Order to Show Cause, Emergency Affidavit, Declaration in Support with Exhibits A through D, Affidavit of Christine M. Napierski, Affidavit of Eugene E. Napierski, Affidavit of Christopher K. Dennis, Memorandum of Law served on Jacob Crawford, Individually and as Chairman of Guilderland Democratic Committee on 7/19/2018, filed by Christine M. Napierski, Eugene E. Napierski. (Holland, Andrew) (Entered: 07/20/2018)

AFFIDAVIT of Service for Summons, Complaint and Jury Demand, Civil Cover Sheet, GO-25 Order, Text Order on Docket No. 9, Order to Show Cause, Emergency Affidavit, Declaration in Support with Exhibits A through D, Affidavit of Christine M. Napierski, Affidavit of Eugene E. Napierski, Affidavit of Christopher K. Dennis, Memorandum of Law served on Bryan J. Clenahan on 07/20/2018, filed by Christine M. Napierski, Eugene E. Napierski. (Holland, Andrew) (Entered: 07/20/2018)

NOTICE of Appearance by Alejandra N. Paulino on behalf of Bryan M. Clenahan (Paulino, Alejandra) (Entered: 07/22/2018)

AFFIDAVIT in Opposition re 5 Emergency MOTION for Temporary Restraining Order filed by Jack Flynn and The Albany County Democratic Committee. (Attachments: # 1 Memorandum of Law)(Little, William) (Entered: 07/23/2018)

NOTICE of Appearance by William T. Little on behalf of Jack Flynn and The Albany County Democratic Committee (Little, William) (Entered: 07/23/2018)

MEMORANDUM OF LAW filed by Gregory J. Wier. (Attachments: # 1 Affidavit Defendant Gregory Wier)(Barber, Peter) (Entered: 07/23/2018)

MEMORANDUM OF LAW (Daniel J. Centi, Esq.) filed by Jacob Crawford and The Guilderland Democratic Committee. (Barber, Peter) (Entered: 07/23/2018)

NOTICE of Appearance by Tracy A. Murphy on behalf of Albany County Board of Elections, Rachel L. Bledi, Matthew J. Clyne (Murphy, Tracy) (Entered: 07/23/2018)

Exhibit List and Witness List by Gregory J. Wier. (Barber, Peter) (Entered: 07/23/2018)

Witness List by Jack Flynn. (Little, William) (Entered: 07/23/2018)

Text Only Minute Entry for proceedings held before Chief Judge Glenn T. Suddaby: CRD: John Law. Motion Hearing held on 7/23/2018 re 5 Emergency MOTION for Temporary Restraining Order filed by Christine M. Napierski, Eugene E. Napierski. Appearances Made: Andrew Holland and Eugene Napierski, Esqs., for plaintiffs, Daniel Centi, Esq., for defendants Guilderland Democtratic Committee and Jacob Crawford, William Little, Esq., for defendants Albany Democratic Committee and Jack Flynn, Tracy Murphy, Esq., for defendants Albany County Board of Elections, Matthew J. Clyne and Rachel L. Bledi, Murray Carr, Esq., for defendant Bryan Clenahan and Peter Barber, Esq., for defendant Gregory Weir. Court addresses parties. Plaintiff calls witness: Richard Akullian. Direct Examination: Richard Akullian by Attorney Napierski. Plaintiff calls witness: Christine Napierski. Direct Examination: Christine Napierski by Attorney Holland. Atty. Holland presents Exhibit P-1A to the witness and moves to admit into evidence. Court admits Exhibit P-1A into evidence. Atty. Holland presents Exhibit P-11 to the witness and moves to admit into evidence. Court admits Exhibit P-11 into evidence. Atty. Holland presents Exhibits P-22, P-23 and P-25 to the witness and moves to admit into evidence. Court admits Exhibits P-22, P-23 and P-25 into evidence. Atty. Holland presents Exhibits P-7 through P-10 to the witness and moves to admit into evidence. Court admits Exhibits P-7 through P-10 into evidence. Atty. Holland presents Exhibits P-12 through P-52 to the witness and moves to admit into evidence. Atty. Little voir dire of witness. Atty. Barber voir dire of witness. Court admits Exhibits P-12 through P-52 into evidence. Atty. Holland presents Exhibit P-53 to the witness and moves to admit into evidence. Court admits Exhibit P-53 into evidence. Atty. Holland presents Exhibit P-6 to the witness and moves to admit into evidence. Court admits Exhibit P-6 into evidence. Cross Examination: Christine Napierski by Attorney Centi. Cross Examination: Christine Napierski by Attorney Little. Cross Examination: Christine Napierski by Attorney Barber. Plaintiff calls witness: Eugene Napierski. Direct Examination: Eugene Napierski by Attorney Holland. Atty. Holland presents Exhibit P-54 to the witness and moves to admit into evidence. Court admits Exhibit P-54 into evidence. Cross Examination: Eugene Napierski by Attorney Barber. Plaintiff calls witness: Christopher Dennis. Direct Examination: Christopher Dennis by Attorney Holland. Atty. Holland moves to identify witness as expert. Court will allow to testify and address issue in a written decision. Atty. Holland presents Exhibits P-55 and P-56 to the witness and moves to admit into evidence. Atty. Centi objects. Court admits Exhibits P-55 and P-56 into evidence. Cross Examination: Christopher Dennis by Attorney Centi. Plaintiff calls witness: Rachel Bledi. Direct Examination: Rachel Bledi by Attorney Holland. Atty. Holland presents Exhibits P-1 through P-5 and moves to admit into evidence. Atty. Centi and Little object as to relevance. Court admits Exhibits P-1 through P-5 into evidence. Plaintiff calls witness: Jacob Crawford. Direct Examination: Jacob Crawford by Attorney Holland. Atty. Holland presents Exhibit P-4 to the witness. Plaintiff calls witness: Gregory Weir. Direct Examination: Gregory Weir by Attorney Holland. Atty. Holland presents Exhibit P-53 to the witness. Cross Examination: Gregory Weir by Attorney Barber. Redirect Examination: Gregory Weir by Attorney Holland. Court addresses parties regarding exhibits. Atty. Holland makes closing argument to the court. Atty. Centi makes closing argument to the court. Atty. Barber makes closing argument to the court. Atty. Murphy will do as required under law. Atty. Holland gives rebuttal argument to the court. Court states to leave number to be contacted with CRD for a conference call tomorrow. (Court Reporter Jacqueline Stroffolino) Time: 2:15-6:25 p.m. (jel, )

***Answer due date updated for All Defendants based upon service as indicated in Dkt. Nos. 10, 11, 12, 13, 14, 15, 17, 18, 19 and 20. (jel, )

AFFIDAVIT of Service for Summons, Complaint and Jury Demand, Civil Cover Sheet, GO-25 Order, Text Order on Docket No. 9, Order to Show Cause, Emergency Affidavit, Declaration in Support with Exhibits A through D, Affidavit of Christine M. Napierski, Affidavit of Eugene E. Napierski, Affidavit of Christopher K. Dennis, Memorandum of Law served on Guilderland Democratic Committee on 7/19/2018, filed by Christine M. Napierski, Eugene E. Napierski. (Holland, Andrew) (Entered: 07/24/2018)

TEXT NOTICE of Hearing: Telephone Pretrial Conference set for 7/24/2018 at 2:00 PM in Syracuse before Chief Judge Glenn T. Suddaby. Attorneys are directed to call into ATT Audio Conference at 1-888-684-8852. The access code is being emailed to counsel separately. (lmw)

TEXT Minute Entry for Telephone Pretrial Conference held on 7/23/2018 before Chief Judge Glenn T. Suddaby: The Court advises counsel that he expects the following reasonable accommodations to be adhered to, and he further requests that Defendants consent to these accommodations. Monitors should be placed at the entry of the park, the "designated" handicap parking area, the parking lots, and the pavilion. The thirty (30) parking spots directly adjacent to the pavilion should be designated handicap parking spaces with sufficient space between vehicles for wheelchairs and ramps. Monitors should notify the chair if anyone cannot safely get to the pavilion. For any individual who cannot safely get to the pavilion, arrangements must be made for those individuals to vote from the safety of their vehicle if they are registered to vote. Monitors at the gate and parking areas should notify the chair immediately if there are registered voters in those areas and the caucus should NOT begin until all registered voters are able to make their way to the pavilion. The monitor in the pavilion should keep walkway clear so everyone can vote safely. The Court strongly suggests that golf carts be made available as a shuttle service to transport not just handicapped individuals, but any other individual who may have difficulty walking the distance to the pavilion. The Court also recommends a designated drop off location by the pavilion for individuals to be dropped off and then the driver can park the vehicle. As for restrooms, the threshold should be modified with a material so that wheelchairs, walkers, etc. can easily go over the threshold. In addition to the bathroom accommodations, there should be a handicapped port-a-potty in place so both are available as restrooms. Attorney Centi advises the Court that he would like to confer with his client before he consents to these accommodations. Attorney Little consents. Attorney Barber consents and advises that he will advise the Police Officer directing traffic on Route 146 to maintain contact with the monitor at the gate if there are any vehicle back ups on Route 146 which cannot be seen from the gate. The Town is already reserving all 30 parking spots by the pavilion as handicapped parking, and a handicapped port-a-potty has been ordered. The threshold to the bathroom is being corrected. Golf carts can be made available as well as a Senior Citizen van to transport wheel chairs, if necessary. Attorney Paulino consents. Attorney Murphy has no objection. The Court strongly urges the Defendants to review the policy regarding absentee ballots for a caucus, and encourages defendants to make arrangements for absentee ballots in the future. Attorney Holland asks the Court to address the grade of the walkway, and the Court advises counsel that based on the ADA standards and the law researched, the above accommodations are all that are necessary. Court advises Attorney Centi to contact the Court as soon as he discusses these accommodations with his clients. UPDATE: Attorney Centi called the Court and consents on behalf of his clients. APP: Andrew Holland, Esq. for Plaintiffs; Daniel Centi, Esq. for Defs. Guilderland Democratic Committee & Crawford; William Little, Esq. for Defs. Albany County Democratic Committee and Flynn; Tracy Murphy, Esq. for Defendants Albany County Board of Elections, Clyne & Bledi; Alexandra Paulino, Esq. for Def. Clenahan; and Peter Barber, Esq. for Def. Wier. CRD: L. Welch. (Court Reporter: Hannah Cavanaugh) (TIME: 2:00 pm - 2:28 pm) (lmw,

DECISION AND ORDER denying # 5 Plaintiffs' Motion for a preliminary injunction and temporary restraining order. With Defendants' consent, Defendants Guilderland Democratic Committee and Crawford shall implement the following list of reasonable modifications to the Large Pavilion and Tawasentha Park for the caucus: (1) provision of a monitor to be stationed at or near the front gate of Tawasentha Park that will be tasked with informing the Committee if a traffic back-up occurs, and with ensuring that the caucus does not begin until all vehicles traveling to the caucus have entered the park and all individuals are in the pavilion; (2) reservation of the 30-space parking lot adjacent to the Large Pavilion for handicapped parking (or drop off of individuals), allowing sufficient space for entrance and exiting of vehicles with wheelchairs or other assistive devices; in addition, a monitor shall be stationed at this parking lot in order to collect the vote of any person who feels unsafe entering the pavilion due to disability and wishes to remain in their vehicle while casting their vote; (3) installation of an angled or beveled device at the threshold of the permanent bathroom to allow access for individuals using wheelchairs or other assistive devices, as well as provision of an additional portable handicapped accessible restroom; (4) provision of a monitor for all additional parking areas being used for the caucus who will be tasked with ensuring that all individuals arriving for the caucus are able to get to the Large Pavilion before the caucus can begin; methods for assisting individuals who may have difficulty walking to the pavilion could include golf carts or other appropriate shuttle vehicles; and (5) provision of a monitor to ensure that the walkway of the Large Pavilion is kept open and free of obstructions to ensure that all attending can vote safely, including managing any possible overflow of the crowd to outside the Large Pavilion. Signed by Chief Judge Glenn T. Suddaby on 7/24/18. (lmw) (Entered: 07/24/2018)

**STRICKEN FROM THE DOCKET PURSUANT TO # 33 TEXT ORDER DATED 7/26/18*** Letter Motion from Eugene Daniel Napierski Esq for Christine M. Napierski, Eugene E. Napierski requesting responses for information re 7-26-18 caucus submitted to Judge Hon. Glenn T. Suddaby . (Napierski, Eugene) Modified on 7/26/2018 (lmw). (Entered: 07/25/2018)

**STRICKEN FROM THE DOCKET PURSUANT TO # 33 TEXT ORDER DATED 7/26/18*** Letter Motion from Eugene Daniel Napierski Esq for Christine M. Napierski, Eugene E. Napierski requesting immediate response to 7-25-18 submitted to Judge Hon. Glenn T. Suddaby . (Napierski, Eugene) Modified on 7/26/2018 (lmw). (Entered: 07/26/2018)

TEXT ORDER striking # 31 Plaintiff's Letter to Daniel Centi and striking # 32 Plaintiff's Letter to Daniel Centi as neither letter is seeking any course of action by the Court, and correspondence between counsel should not be filed on the docket. SO ORDERED by Chief Judge Glenn T. Suddaby on 7/26/18. (lmw) (Entered: 07/26/2018)

Letter Motion from Eugene Daniel Napierski Esq for Christine M. Napierski, Eugene E. Napierski requesting an immediate telephone conference with all parties submitted to Judge Hon. Glenn T. Suddaby . (Napierski, Eugene) (Entered: 07/26/2018)

TEXT ORDER denying # 34 Plaintiff's Letter Request for a telephone conference. The Court's ruling was specifically set forth in its # 30 Decision and Order dated 7/24/18. The requests set forth in Plaintiff's letter request were not part of that ruling. Plaintiff is further advised that he is represented by counsel, and as such, he may not file documents with the Court, but must do so through his attorney. See Fed.R.Civ.P. 11(a) (providing that papers submitted by represented party must be signed by the party's attorney). Plaintiff is advised that any future documents filed personally and not through his attorney will be stricken from the docket without consideration. SO ORDERED by Chief Judge Glenn T. Suddaby on 7/27/18. (lmw) (Entered: 07/27/2018)

TRANSCRIPT REQUEST for transcript of telephone conference by Christine M. Napierski, Eugene E. Napierski for proceedings held on 7/24/2018 before Judge Hon. Glenn T. Suddaby.. (Holland, Andrew) (Main Document 36 replaced on 8/2/2018 with a signed request) (jlb) (Entered: 08/01/2018)

Letter Motion from Albany County Defendants Attorney Tracy Murphy for Albany County Board of Elections, Rachel L. Bledi, Matthew J. Clyne requesting Additional Time to File Answer submitted to Judge Daniel J. Stewart . (Murphy, Tracy) (Entered: 08/07/2018)

Letter Motion from Peter G. Barber, Esq. for Gregory J. Wier requesting the extension, on consent, of the filing deadline of defendants' responses to complaint to September 12, 2018 submitted to Judge Stewart . (Barber, Peter) (Entered: 08/08/2018)

TEXT ORDER: On August 7, 2018, the Albany County Board of Elections Defendants filed a Letter Request seeking an extension of time to file an Answer to the Complaint in this matter. Dkt. No. 37 . On August 8, 2018, Defendant Gregory J. Weir filed a Letter Request on behalf of all Defendants seeking an extension of time to file an Answer. Dkt. No. 38 . Based upon the agreement of all parties, the request is GRANTED and all Defendants are directed to file their response to the Complaint on or before September 12, 2018. SO ORDERED by Magistrate Judge Daniel J. Stewart on 8/9/2018. (mab) (Entered: 08/09/2018)

TRANSCRIPT of Proceedings: Telephone Conference held on 7/24/18 before Judge Glenn T. Suddaby, Court Reporter: Hannah Cavanaugh, Telephone number: (315) 234-8545. IMPORTANT NOTICE - REDACTION OF TRANSCRIPTS: In order to remove personal identifier data from the transcript, a party must electronically file a Notice of Intent to Request Redaction with the Clerk's Office within 5 business days of this date. The policy governing the redaction of personal information is located on the court website at www.nynd.uscourts.gov. Read this policy carefully. If no Notice of Intent to Redact is filed within 5 business days of this date, the court will assume redaction of personal identifiers is not necessary and the transcript will be made available on the web 90 days from today's date. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 9/5/2018. Redacted Transcript Deadline set for 9/17/2018. Release of Transcript Restriction set for 11/13/2018. Notice of Intent to Redact due by 8/20/2018 (hfc, ) (Entered: 08/15/2018)

Letter Motion from Peter G. Barber, Esq. for Gregory J. Wier requesting extending by one-week to September 19, 2018, with plaintiffs' consent, the deadline for defendants' responses to the complaint submitted to Judge Stewart . (Barber, Peter) (Entered: 09/11/2018)

TEXT ORDER: On September 11, 2018, Defendants filed a Letter Request, with the consent of Plaintiffs, seeking a one-week extension of time to file a response to the Complaint in this matter. Dkt. No. 41 . Based upon the consent of the parties, the deadline in which all Defendants are to file their response is extended to September 19, 2018. SO ORDERED by Magistrate Judge Daniel J. Stewart on 9/12/2018. (mab) (Entered: 09/12/2018)

ANSWER to 1 Complaint, by Jacob Crawford and The Guilderland Democratic Committee.(Centi, Daniel) (Main Document 43 replaced on 9/18/2018 with a corrected version. The originally filed document pertained to a different case) (rep). (Entered: 09/18/2018)

CLERK'S CORRECTION OF DOCKET ENTRY: Pursuant to a phone call from the filer, the clerk replaced the # 43 Answer to Complaint with a corrected version. The originally filed document did not pertain to this case. (rep)

ANSWER to 1 Complaint, by Albany County Board of Elections, Rachel L. Bledi, Matthew J. Clyne.(Murphy, Tracy) (Entered: 09/18/2018)

ANSWER to Complaint by The Albany County Democratic Committee. and Jack Flynn (Little, William) Modified on 9/19/2018 to include Jack Flynn (lmw). (Entered: 09/19/2018)

ANSWER to Complaint by Bryan M. Clenahan.(Paulino, Alejandra) (Entered: 09/19/2018)

MOTION to Dismiss for Lack of Subject Matter Jurisdiction and Failure to State a Claim Motion Hearing set for 11/1/2018 10:00 AM in Syracuse before Chief Judge Glenn T. Suddaby Response to Motion due by 10/15/2018 Reply to Response to Motion due by 10/22/2018. filed by Gregory J. Wier. (Attachments: # 1 Memorandum of Law, # 2 Declaration) (Barber, Peter) (Entered: 09/19/2018)

TEXT NOTICE on # 47 MOTION to Dismiss for Lack of Subject Matter Jurisdiction and Failure to State a Claim filed by Defendant Wier: Motion set for 11/1/2018 on submission of motion papers before Chief Judge Glenn T. Suddaby. No personal appearance. Response to Motion due by 10/15/2018. Reply to Response to Motion due by 10/22/2018. (lmw)

MOTION for Judgment on the Pleadings Motion Hearing set for 11/1/2018 10:00 AM in Syracuse before Chief Judge Glenn T. Suddaby Response to Motion due by 10/15/2018 Reply to Response to Motion due by 10/22/2018. filed by Jacob Crawford, The Guilderland Democratic Committee. (Attachments: # 1 Declaration) (Centi, Daniel) (Entered: 09/28/2018)

TEXT NOTICE on # 48 MOTION for Judgment on the Pleadings filed by Jacob Crawford and The Guilderland Democratic Committee : Motion Hearing set for 11/1/2018 on submission of motion papers before Chief Judge Glenn T. Suddaby. No personal appearance. Response to Motion due by 10/15/2018. Reply to Response to Motion due by 10/22/2018. (lmw)

TEXT ORDER: The Rule 16 Initial Conference in this matter is RESCHEDULED to October 17, 2018 at 9:30 AM before the undersigned. Counsel are directed to appear IN PERSON at the James T. Foley US Courthouse, 445 Broadway, 4th Floor, Room 409, Albany, NY on the scheduled date and time. Counsel are also directed to submit a proposed Civil Case Management Plan and exchange Mandatory Disclosures on or before October 10, 2018. Pursuant to Local Rule 26.2, Mandatory Disclosures are to be exchanged among the parties but are NOT to be filed with the Court. SO ORDERED by Magistrate Judge Daniel J. Stewart on 10/5/2018. (mab) (Entered: 10/05/2018)

CIVIL CASE MANAGEMENT PLAN by Christine M. Napierski, Eugene E. Napierski. (Holland, Andrew) (Entered: 10/10/2018)

Letter Motion from Andrew S. Holland for Christine M. Napierski, Eugene E. Napierski requesting adjournment of return date of pending dispositive motions to November 15, 2018, on consent submitted to Judge Glenn T. Suddaby . (Holland, Andrew) (Entered: 10/15/2018)

TEXT ORDER granting # 51 Plaintiffs' Letter Request for an extension to file a response to # 47 MOTION to Dismiss for Lack of Subject Matter Jurisdiction and Failure to State a Claim filed by Defendant Wier and # 48 MOTION for Judgment on the Pleadings filed by Jacob Crawford and The Guilderland Democratic Committee: Motion set on both motions for 11/15/2018 on submission of motion papers before Chief Judge Glenn T. Suddaby. No personal appearance. Responses to both Motions due by 10/29/2018. Replies to Responses to both Motions due by 11/5/2018. SO ORDERED by Chief Judge Glenn T. Suddaby on 10/15/18. (lmw) (Entered: 10/15/2018)

Text Minute Entry for proceedings held before Magistrate Judge Daniel J. Stewart: Rule 16 Initial Pretrial Conference held on 10/17/2018. Appearances: Andrew Holland, Esq. for Plaintiffs; Daniel Centi, Esq. and Peter Barber, Esq. for Defendnats. Counsel for The Albany County Democratic Committee Defendants, Albany County Board of Elections Defendants and Defendant Bryan M. Clenahan did not appear. The Court heard from counsel that were present as to their positions and how they intend to proceed in this matter. The Court discusses the Mandatory Mediation Program with counsel. Scheduling Order deadlines set. A Uniform Pretrial Order will be issued. (mab)

TEXT ORDER. On October 17, 2018 a Rule 16 conference was held by the Court in this case which, by prior Order, required an in person appearance by all counsel. Dkt. No. 49. However, counsel for the Albany County Democratic Committee; the Albany County Board of Elections; and Brian M. Clenahan, all failed to appear for the conference in violation of the Court's directive. Those non-appearing counsel are hereby ordered to provide a written explanation to the Court for their absence. That explanation should be provided on or before October 26, 2018 by email or fax to the Court's Courtroom Deputy Maria Blunt, and need not be filed on the docket. SO ORDERED. Signed by Magistrate Judge Daniel J. Stewart on 10/18/2018. (Stewart, Daniel) (Entered: 10/18/2018)

UNIFORM PRETRIAL SCHEDULING ORDER: Anticipated length of trial: 4-5 Days. Preferred Trial Location: Albany, NY. Joinder of Parties due by 12/7/2018. Amended Pleadings due by 12/7/2018. The Court has discussed Mandatory Mediation with the parties and will issue a separate Order referring this action into the Mandatory Mediation Program. The deadline to complete Mandatory Mediation is 2/1/2019. Discovery due by 6/30/2019. Motions to be filed by 8/30/2019. Status Report due by 1/4/2019. Signed by Magistrate Judge Daniel J. Stewart on 10/19/2018. (mab) (Entered: 10/19/2018)

ORDER REFERRING CASE TO MANDATORY MEDIATION PROGRAM: This case is referred to participation in the Mandatory Mediation Program. The parties should refer to General Order #47. The deadline for completion of Mandatory Mediation is 2/1/2019. The deadline for the parties to select a Mediator is 11/16/2018. Signed by Magistrate Judge Daniel J. Stewart on 10/19/2018. (mab) (Entered: 10/19/2018)

RESPONSE in Opposition re 47 MOTION to Dismiss for Lack of Subject Matter Jurisdiction and Failure to State a Claim, 48 MOTION for Judgment on the Pleadings Memorandum of Law in Opposition filed by Christine M. Napierski, Eugene E. Napierski. (Holland, Andrew) (Entered: 10/29/2018)

NOTICE by Christine M. Napierski, Eugene E. Napierski re 56 Response in Opposition to Motion, to the New York State Attorney General pursuant to Fed.R.Civ.P. 5.1(a) (Holland, Andrew) (Entered: 10/31/2018)

AFFIDAVIT of Service for second Notice Pursuant to Fed.R.Civ.P 5.1(a), and copy of Memorandum of Law in opposition to motions to dismiss served on New York Attorney General on 10/31/2018, filed by Christine M. Napierski, Eugene E. Napierski. (Holland, Andrew) (Entered: 10/31/2018)

REPLY MEMORANDUM filed by Jacob Crawford, The Guilderland Democratic Committee. (Centi, Daniel) Modified on 11/5/2018 to correctly reflect this is a reply memorandum not a motion for judgment on the pleadings (lmw). (Entered: 11/05/2018)

CLERK'S CORRECTION OF DOCKET ENTRY: Docket Text for # 59 modified to reflect that this is NOT a Motion for Judgment on the pleadings, but rather this document is a Reply Memorandum filed by Defendants The Guilderland Democratic Committee and Jacob Crawford. (lmw)

REPLY to Response to Motion re 47 MOTION to Dismiss for Lack of Subject Matter Jurisdiction and Failure to State a Claim filed by Gregory J. Wier. (Barber, Peter) (Entered: 11/05/2018)

Letter Motion from Andrew S. Holland for Christine M. Napierski, Eugene E. Napierski requesting that the Court strike or disregard portions of GDC and Crawford's Reply Memorandum of Law (Dkt No. 59) as improperly advancing new arguments for the first time in reply submitted to Judge Hon. Glenn T. Suddaby . (Holland, Andrew) (Entered: 11/08/2018)

TEXT ORDER denying # 61 Plaintiffs' letter-motion to strike but advising Plaintiffs that, should the Court determine that Defendants GDC and Crawford have improperly asserted new arguments in their reply memorandum of law, the Court will expressly disregard those arguments in its Decision and Order on the pending motions. SO ORDERED by Chief Judge Glenn T. Suddaby on 11/13/18. (lmw) (Entered: 11/13/2018)

Letter Motion from Andrew S. Holland for Christine M. Napierski, Eugene E. Napierski requesting extension of time within which to file Stipulation confirming identity of mediator and date of mediation submitted to Judge Hon. Daniel J. Stewart . (Holland, Andrew) (Entered: 11/19/2018)

TEXT ORDER: On November 19, 2018, Plaintiffs filed a Letter Request seeking an extension of time to file their Stipulation selecting a Mediator in this matter. Dkt. No. 63 . Based upon the reasons set forth in Plaintiffs' submission, the request is GRANTED and the parties are to file their Stipulation selecting a Mediator by November 30, 2018. SO ORDERED by Magistrate Judge Daniel J. Stewart on 11/20/2018. (mab) (Entered: 11/20/2018)

NOTICE That, in re 57 The Office of the Attorney General have determined not to participate in this matter at this time filed by the Office of the Attorney General. (jdp, ) (Entered: 11/28/2018)

Letter Motion from Andrew S. Holland for Christine M. Napierski, Eugene E. Napierski requesting second extension of time to file stipulation regarding mediator until December 7, 2018 submitted to Judge Hon. Daniel J. Stewart . (Holland, Andrew) (Entered: 12/03/2018)

TEXT ORDER granting the parties' 66 Letter Request seeking an extension of time to file a Stipulation selecting a Mediator in this matter. The parties are to file their Stipulation on or before December 7, 2018. SO ORDERED by Magistrate Judge Daniel J. Stewart on 12/4/2018. (mab) (Entered: 12/04/2018)

STIPULATION SELECTING MEDIATOR: IT IS HEREBY STIPULATED AND AGREED that Bernard J. Malone, Jr. has been selected, contacted and has agreed to serve as Mediator for this action. IT IS FURTHER STIPULATED AND AGREED, that counsel will participate in the mediation session in good faith and confer with the Mediator regarding the scheduling of additional conferences, bearing in mind the deadline for completion of Mediation set forth in the Court's Order Referring the Case to Mediation. Stipulation signed by: Andrew Holland, Daniel Centi, William Little, Tracy Murphy, Alejandra Paulino, Peter Barber and. Dated: 12/4/2018(Holland, Andrew) (Entered: 12/05/2018)

Letter from Andrew S. Holland for Christine M. Napierski, Eugene E. Napierski requesting advising the Court of impending voluntary dismissal submitted to Judge Hon. Glenn T. Suddaby . (Holland, Andrew) (Entered: 01/10/2019)

TEXT ORDER: Plaintiff's counsel having advised that plaintiffs have decided not to pursue this action any further, the parties are directed to file a stipulation of dismissal signed by all parties in compliance with Local Rule 41.3 by 1/24/19. SO ORDERED by Chief Judge Glenn T. Suddaby on 1/11/19. (lmw) (Entered: 01/11/2019)

Letter Motion from Andrew S. Holland for Christine M. Napierski, Eugene E. Napierski requesting that Court so-order Stipulation of Dismissal with Prejudice submitted to Judge Hon. Glenn T. Suddaby . (Attachments: # 1 Exhibit(s) Fully executed stipulation of dismissal)(Holland, Andrew) (Entered: 01/15/2019)

ORDER approving # 71 Stipulation of Dismissal with prejudice. Signed by Chief Judge Glenn T. Suddaby on 1/15/19. (lmw) (Entered: 01/15/2019)

REPORT OF MANDATORY MEDIATION - A Mandatory Mediation session was held on 1/10/19. Total Hours Spent by Mediator: 2.5; The outcome of Mandatory Mediation is: MEDIATION IS COMPLETE. CASE DID NOT SETTLE. The case will proceed toward trial pursuant to the Courts Uniform Pretrial Scheduling Order. (Malone, Bernard) (Entered: 01/23/2019)

ADR COMPLETED - Case did not settle at mediation. Mediator Bernard J. Malone, Jr terminated.(rjb, )