Case: Common Cause/New York v. Brehm

1:17-cv-06770 | U.S. District Court for the Southern District of New York

Filed Date: Sept. 6, 2017

Closed Date: Jan. 13, 2020

Clearinghouse coding complete

Case Summary

This is a case about a New York state law that removed inactive, but still registered, voters from voter lists at polling stations when those voters changed residences. On September 6, 2017, Common Cause/New York filed a complaint in the Southern District of New York against officials of the New York State Board of Elections alleging that their practice of labeling voters as inactive based on a change of residence and their removal of those voters from poll books at voting sites violated Sectio…

This is a case about a New York state law that removed inactive, but still registered, voters from voter lists at polling stations when those voters changed residences.

On September 6, 2017, Common Cause/New York filed a complaint in the Southern District of New York against officials of the New York State Board of Elections alleging that their practice of labeling voters as inactive based on a change of residence and their removal of those voters from poll books at voting sites violated Section 8 of the National Voter Registration Act of 1993 (“NVRA”), 52 U.S.C. § 20507. Specifically, if Defendants had reason to believe that a voter changed residences, they would mail a notice asking the voter to confirm whether they still lived in the jurisdiction where they were registered to vote. Upon the mailing of the confirmation notice, Defendants placed that voter on a list of “inactive” voters. Defendants would also remove the names of inactive voters from poll books at voting sites on election day. If a voter on the inactive list showed up to vote on election day, poll workers would offer them an affidavit ballot, but they would not be able to vote by regular ballot.  Plaintiffs alleged that the placement of voters on the inactive list was the functional equivalent of removing them from voter rolls. They asked the court either to enjoin New York Election Law Section 5-213(2) to the extent it violated the NVRA or, alternatively, to require Defendants to include the names of inactive voters in polling lists on election day. 

On November 17, 2017, Defendants filed a motion to dismiss arguing that Plaintiffs lacked standing and that the complaint failed to state a claim because Plaintiffs did not allege that New York election law actually disenfranchised voters.

On September 30, 2018, the District Court granted the motion to dismiss as to Plaintiff’s facial challenge and denied it as to Plaintiff’s as-applied challenge. The court found that defendant was correct in asserting that the mere fact of requiring inactive voters to vote by affidavit ballot did not constitute de facto removal from the official eligible voter list under the NVRA. However, the court found for the plaintiff that the New York election law was invalid under Section 8 because plaintiffs challenged that affidavit ballots were being given inconsistently to those who requested them at voting locations. If true, this meant that  New York failed to give inactive voters the right to vote, as required by the NVRA.

On November 30, 2018, Plaintiff filed an unopposed motion to amend the complaint to include a claim alleging a violation of the right to vote under the Equal Protection Clause of the Fourteenth Amendment. The Court granted the motion on December 21, 2018, and Plaintiff the first amended complaint on December 31, 2018.

At the conclusion of a four-day bench trial, the Court held that Defendants’ practice of listing voters as inactive upon the mailing of a confirmation notice and removing their names from polling lists violated the Fourteenth Amendment. The Court, however, rejected the assertion that forcing inactive voters to vote via affidavit ballot violated the Equal Protection Clause. It also agreed with Plaintiffs that Defendants had violated the NVRA as applied to three individual voters that Plaintiff represented.

As a remedy, the Court ordered Defendants to provide lists of inactive voters at polling sites. Judgement was entered on January 13, 2020. Neither party filed an appeal. On July 9, 2020, the parties resolved the remaining dispute over payment of attorney's fees between themselves.

The case is now closed.

Summary Authors

Fiona Gaul (7/14/2024)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/7219687/parties/common-causenew-york-v-brehm/


Judge(s)

Nathan, Alison Julie (New York)

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Documents in the Clearinghouse

Document
1

1:17-cv-06770

Complaint

Sept. 6, 2017

Sept. 6, 2017

Complaint
36

1:17-cv-06770

Notice of Motion to Dismiss

Nov. 17, 2017

Nov. 17, 2017

Pleading / Motion / Brief
37

1:17-cv-06770

Defendants' Memorandum of Law in Support of Motion to Dismiss Pursuant to Federal Rules of Civil Procedure 12 (b)

Nov. 17, 2017

Nov. 17, 2017

Pleading / Motion / Brief
40

1:17-cv-06770

Order

Nov. 21, 2017

Nov. 21, 2017

Order/Opinion
42

1:17-cv-06770

Order

Common Cause/New York, v. Brehm

Dec. 18, 2017

Dec. 18, 2017

Order/Opinion
43

1:17-cv-06770

Correspondence re Plaintiff's Failure to File Opposition

Dec. 19, 2017

Dec. 19, 2017

Pleading / Motion / Brief
45

1:17-cv-06770

Plaintiff's Memorandum of Law in Opposition to Defendants' Motion to Dismiss

Dec. 22, 2017

Dec. 22, 2017

Pleading / Motion / Brief
46

1:17-cv-06770

Declaration of Neil A. Steiner

Common Cause/New York, v. Brehm

Dec. 22, 2017

Dec. 22, 2017

Declaration/Affidavit
51

1:17-cv-06770

Defendants' Reply Memorandum of Law in Support of Motion to Dismiss Pursuant to Federal Rules of Civil Procedure 12 (b)

Common Cause/New York, v. Brehm

Jan. 12, 2018

Jan. 12, 2018

Pleading / Motion / Brief
54

1:17-cv-06770

Order

Common Cause/New York, v. Brehm

June 19, 2018

June 19, 2018

Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/7219687/common-causenew-york-v-brehm/

Last updated Jan. 30, 2025, 3:20 p.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against Robert A. Brehm, Douglas A. Kellner, Peter S. Kosinski, Gregory P. Peterson, Andrew J. Spano, Todd D. Valentine. (Filing Fee $ 400.00, Receipt Number 0208-14093755)Document filed by Common Cause/New York,. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Steiner, Neil) (Entered: 09/06/2017)

1 Exhibit A

View on RECAP

2 Exhibit B

View on RECAP

3 Exhibit C

View on RECAP

4 Exhibit D

View on RECAP

Sept. 6, 2017

Sept. 6, 2017

Clearinghouse
2

CIVIL COVER SHEET filed. (Steiner, Neil) (Entered: 09/06/2017)

Sept. 6, 2017

Sept. 6, 2017

PACER
3

RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Common Cause/New York,.(Steiner, Neil) (Entered: 09/06/2017)

Sept. 6, 2017

Sept. 6, 2017

PACER

CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Alison J. Nathan. Please download and review the Individual Practices of the assigned District Judge, located at http://nysd.uscourts.gov/judges/District. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at http://nysd.uscourts.gov/ecf_filing.php. (kl)

Sept. 7, 2017

Sept. 7, 2017

PACER

Magistrate Judge Sarah Netburn is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: http://nysd.uscourts.gov/forms.php. (kl)

Sept. 7, 2017

Sept. 7, 2017

PACER

Case Designated ECF. (kl)

Sept. 7, 2017

Sept. 7, 2017

PACER
4

REQUEST FOR ISSUANCE OF SUMMONS as to Robert A. Brehm, in his official capacity as Co-Executive Director, re: 1 Complaint,. Document filed by Common Cause/New York,. (Steiner, Neil) (Entered: 09/07/2017)

Sept. 7, 2017

Sept. 7, 2017

PACER
5

REQUEST FOR ISSUANCE OF SUMMONS as to Douglas A. Kellner, in his official capacity as Co-Chair and Commissioner, re: 1 Complaint,. Document filed by Common Cause/New York,. (Steiner, Neil) (Entered: 09/07/2017)

Sept. 7, 2017

Sept. 7, 2017

PACER
6

REQUEST FOR ISSUANCE OF SUMMONS as to Peter S. Kosinski, in his official capacity as Co-Chair and Commissioner, re: 1 Complaint,. Document filed by Common Cause/New York,. (Steiner, Neil) (Entered: 09/07/2017)

Sept. 7, 2017

Sept. 7, 2017

PACER
7

REQUEST FOR ISSUANCE OF SUMMONS as to Gregory P. Peterson, in his official capacity as Commissioner, re: 1 Complaint,. Document filed by Common Cause/New York,. (Steiner, Neil) (Entered: 09/07/2017)

Sept. 7, 2017

Sept. 7, 2017

PACER
8

REQUEST FOR ISSUANCE OF SUMMONS as to Andrew J. Spano, in his official capacity as Commissioner, re: 1 Complaint,. Document filed by Common Cause/New York,. (Steiner, Neil) (Entered: 09/07/2017)

Sept. 7, 2017

Sept. 7, 2017

PACER
9

REQUEST FOR ISSUANCE OF SUMMONS as to Todd D. Valentine, in his official capacity as Co-Executive Director, re: 1 Complaint,. Document filed by Common Cause/New York,. (Steiner, Neil) (Entered: 09/07/2017)

Sept. 7, 2017

Sept. 7, 2017

PACER
10

ELECTRONIC SUMMONS ISSUED as to Robert A. Brehm. (kl) (Entered: 09/08/2017)

Sept. 8, 2017

Sept. 8, 2017

PACER
11

ELECTRONIC SUMMONS ISSUED as to Douglas A. Kellner. (kl) (Entered: 09/08/2017)

Sept. 8, 2017

Sept. 8, 2017

PACER
12

ELECTRONIC SUMMONS ISSUED as to Peter S. Kosinski. (kl) (Entered: 09/08/2017)

Sept. 8, 2017

Sept. 8, 2017

PACER
13

ELECTRONIC SUMMONS ISSUED as to Gregory P. Peterson. (kl) (Entered: 09/08/2017)

Sept. 8, 2017

Sept. 8, 2017

PACER
14

ELECTRONIC SUMMONS ISSUED as to Andrew J. Spano. (kl) (Entered: 09/08/2017)

Sept. 8, 2017

Sept. 8, 2017

PACER
15

ELECTRONIC SUMMONS ISSUED as to Todd D. Valentine. (kl) (Entered: 09/08/2017)

Sept. 8, 2017

Sept. 8, 2017

PACER
16

NOTICE OF INITIAL PRETRIAL CONFERENCE: Initial Conference set for 12/22/2017 at 02:30 PM in Courtroom 906, 40 Foley Square, New York, NY 10007 before Judge Alison J. Nathan. (Signed by Judge Alison J. Nathan on 9/11/2017) (mml) (Entered: 09/11/2017)

Sept. 11, 2017

Sept. 11, 2017

PACER
17

FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - NOTICE OF APPEARANCE by Douglas A. Kellner on behalf of Douglas A. Kellner. (Kellner, Douglas) Modified on 9/12/2017 (db). (Entered: 09/11/2017)

Sept. 11, 2017

Sept. 11, 2017

PACER
18

NOTICE OF APPEARANCE by Joanna Elise Cuevas Ingram on behalf of Common Cause/New York,. (Cuevas Ingram, Joanna) (Entered: 09/11/2017)

Sept. 11, 2017

Sept. 11, 2017

PACER
19

CERTIFICATE OF SERVICE of NOTICE of Appearance served on Robert A. Brehm, Co-Executive Director, Todd D. Valentine, Co-Executive Director, Peter S. Kosinski, Co-Chair, Douglas A. Kellner, Co-Chair, Andrew J. Spano, Commissioner, and Gregory P. Peterson, Commissioner, in their official capacities as Commissioners of the NEW YORK STATE BOARD OF ELECTIONS on September 11, 2017. Service was made by MAIL. Document filed by Common Cause/New York,. (Cuevas Ingram, Joanna) (Entered: 09/11/2017)

Sept. 11, 2017

Sept. 11, 2017

RECAP

***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Notice to Attorney Douglas A. Kellner to RE-FILE Document 17 Notice of Appearance. Use the event type Letter found under the event list Other Documents. (db)

Sept. 12, 2017

Sept. 12, 2017

PACER
20

MOTION for John Powers to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-14161354. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Common Cause/New York,. (Attachments: # 1 Affidavit of John Powers, # 2 Exhibit A - Maryland Certificate of Good Standing, # 3 Exhibit B - District of Columbia Certificate of Good Standing, # 4 Text of Proposed Order)(Powers, John) (Entered: 09/22/2017)

Sept. 22, 2017

Sept. 22, 2017

PACER

>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 20 MOTION for John Powers to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-14161354. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu)

Sept. 25, 2017

Sept. 25, 2017

PACER
21

ORDER granting 20 Motion for John Powers to Appear Pro Hac Vice (HEREBY ORDERED by Judge Alison J. Nathan)(Text Only Order) (Nathan, Alison) (Entered: 10/03/2017)

Oct. 3, 2017

Oct. 3, 2017

PACER

Order on Motion to Appear Pro Hac Vice

Oct. 3, 2017

Oct. 3, 2017

PACER
22

AFFIDAVIT OF SERVICE of Summons and Complaint,. Robert A. Brehm served on 9/11/2017, answer due 10/2/2017. Service was accepted by Kimberly Galvin, Esq.. Document filed by Common Cause/New York,. (Steiner, Neil) (Entered: 10/10/2017)

Oct. 10, 2017

Oct. 10, 2017

PACER
23

AFFIDAVIT OF SERVICE of Summons and Complaint,. Douglas A. Kellner served on 9/11/2017, answer due 10/2/2017. Service was accepted by Kimberly Galvin, Esq.. Document filed by Common Cause/New York,. (Steiner, Neil) (Entered: 10/10/2017)

Oct. 10, 2017

Oct. 10, 2017

PACER
24

AFFIDAVIT OF SERVICE of Summons and Complaint,. Peter S. Kosinski served on 9/11/2017, answer due 10/2/2017. Service was accepted by Kimberly Galvin, Esq.. Document filed by Common Cause/New York,. (Steiner, Neil) (Entered: 10/10/2017)

Oct. 10, 2017

Oct. 10, 2017

PACER
25

AFFIDAVIT OF SERVICE of Summons and Complaint,. Gregory P. Peterson served on 9/11/2017, answer due 10/2/2017. Service was accepted by Kimberly Galvin, Esq.. Document filed by Common Cause/New York,. (Steiner, Neil) (Entered: 10/10/2017)

Oct. 10, 2017

Oct. 10, 2017

PACER
26

AFFIDAVIT OF SERVICE of Summons and Complaint,. Andrew J. Spano served on 9/11/2017, answer due 10/2/2017. Service was accepted by Kimberly Galvin, Esq.. Document filed by Common Cause/New York,. (Steiner, Neil) (Entered: 10/10/2017)

Oct. 10, 2017

Oct. 10, 2017

PACER
27

AFFIDAVIT OF SERVICE of Summons and Complaint,. Todd D. Valentine served on 9/11/2017, answer due 10/2/2017. Service was accepted by Kimberly Galvin, Esq.. Document filed by Common Cause/New York,. (Steiner, Neil) (Entered: 10/10/2017)

Oct. 10, 2017

Oct. 10, 2017

PACER
28

MOTION for Ezra D. Rosenberg to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-14226997. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Common Cause/New York,. (Attachments: # 1 Affidavit in Support of Motion, # 2 Exhibit A - New Jersey Certificate of Good Standing, # 3 Exhibit B - B - District of Columbia Certificate of Good Standing, # 4 Text of Proposed Order)(Rosenberg, Ezra) (Entered: 10/10/2017)

Oct. 10, 2017

Oct. 10, 2017

PACER

>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 28 MOTION for Ezra D. Rosenberg to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-14226997. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu)

Oct. 11, 2017

Oct. 11, 2017

PACER
29

ORDER granting 28 Motion for Ezra D. Rosenberg to Appear Pro Hac Vice (HEREBY ORDERED by Judge Alison J. Nathan)(Text Only Order) (Nathan, Alison) (Entered: 10/12/2017)

Oct. 12, 2017

Oct. 12, 2017

PACER

Order on Motion to Appear Pro Hac Vice

Oct. 12, 2017

Oct. 12, 2017

PACER
30

NOTICE OF APPEARANCE by Jose-Luis Perez on behalf of Common Cause/New York,. (Perez, Jose-Luis) (Entered: 10/17/2017)

Oct. 17, 2017

Oct. 17, 2017

PACER
31

LETTER MOTION for Extension of Time to File Answer addressed to Judge Alison J. Nathan from Neil A. Steiner dated October 18, 2017. Document filed by Common Cause/New York,.(Steiner, Neil) (Entered: 10/18/2017)

Oct. 18, 2017

Oct. 18, 2017

PACER
32

ORDER: granting in part and denying in part 31 Letter Motion for Extension of Time to Answer. SO ORDERED/DENIED. Answer due by 11/17/2017. Motion due by 11/17/2017. Response due by 12/22/2017. Reply due by 1/12/2018. (Signed by Judge Alison J. Nathan on 10/18/2017) (ap) (Entered: 10/18/2017)

Oct. 18, 2017

Oct. 18, 2017

PACER

Set/Reset Deadlines: Robert A. Brehm answer due 11/17/2017; Douglas A. Kellner answer due 11/17/2017; Peter S. Kosinski answer due 11/17/2017; Gregory P. Peterson answer due 11/17/2017; Andrew J. Spano answer due 11/17/2017; Todd D. Valentine answer due 11/17/2017. Motions due by 11/17/2017. Responses due by 12/22/2017. Replies due by 1/12/2018. (ap)

Oct. 18, 2017

Oct. 18, 2017

PACER
33

NOTICE OF APPEARANCE by Brian Lee Quail on behalf of Robert A. Brehm, Douglas A. Kellner, Peter S. Kosinski, Gregory P. Peterson, Andrew J. Spano, Todd D. Valentine. (Quail, Brian) (Entered: 11/02/2017)

Nov. 2, 2017

Nov. 2, 2017

PACER
34

NOTICE OF APPEARANCE by Nicholas Robert Cartagena on behalf of Robert A. Brehm, Douglas A. Kellner, Peter S. Kosinski, Gregory P. Peterson, Andrew J. Spano, Todd D. Valentine. (Cartagena, Nicholas) (Entered: 11/17/2017)

Nov. 17, 2017

Nov. 17, 2017

PACER
35

NOTICE OF APPEARANCE by William J. McCann, Jr on behalf of Robert A. Brehm, Douglas A. Kellner, Peter S. Kosinski, Gregory P. Peterson, Andrew J. Spano, Todd D. Valentine. (McCann, William) (Entered: 11/17/2017)

Nov. 17, 2017

Nov. 17, 2017

PACER
36

FIRST MOTION to Dismiss . Document filed by Robert A. Brehm, Douglas A. Kellner, Peter S. Kosinski, Gregory P. Peterson, Andrew J. Spano, Todd D. Valentine. Responses due by 12/22/2017(Cartagena, Nicholas) (Entered: 11/17/2017)

Nov. 17, 2017

Nov. 17, 2017

Clearinghouse
37

FIRST MEMORANDUM OF LAW in Support re: 36 FIRST MOTION to Dismiss . . Document filed by Robert A. Brehm, Douglas A. Kellner, Peter S. Kosinski, Gregory P. Peterson, Andrew J. Spano, Todd D. Valentine. (Cartagena, Nicholas) (Entered: 11/17/2017)

Nov. 17, 2017

Nov. 17, 2017

Clearinghouse
38

DECLARATION of Nicholas R. Cartagena in Support re: 36 FIRST MOTION to Dismiss .. Document filed by Robert A. Brehm, Douglas A. Kellner, Peter S. Kosinski, Gregory P. Peterson, Andrew J. Spano, Todd D. Valentine. (Attachments: # 1 Exhibit)(Cartagena, Nicholas) (Entered: 11/17/2017)

Nov. 17, 2017

Nov. 17, 2017

Clearinghouse
39

CERTIFICATE OF SERVICE of Motion to Dismiss served on Common Cause on 11/17/2017. Document filed by Robert A. Brehm, Douglas A. Kellner, Peter S. Kosinski, Gregory P. Peterson, Andrew J. Spano, Todd D. Valentine. (Cartagena, Nicholas) (Entered: 11/17/2017)

Nov. 17, 2017

Nov. 17, 2017

PACER
40

ORDER: On November 17, 2017, Defendants filed a motion to dismiss. Pursuant to Rule 3.F of this Court's Individual Practices in Civil Cases, on or before November 27, 2017, Plaintiff must notify the Court and its adversary in writing whether (1) it intends to file an amended pleading and when it will do so or (2) it will rely on the pleading being attacked. Plaintiff is on notice that declining to amend its pleadings to timely respond to a fully briefed argument in the Defendant's November 17 motion to dismiss may well constitute a waiver of the Plaintiff's right to use the amendment process to cure any defects that have been made apparent by the Defendant's briefing. If Plaintiff chooses to amend, Defendant may then (a) file an answer; (b) file a new motion to dismiss; or (c) submit a letter stating that it relies on the initially-filed motion to dismiss. Nothing in this Order alters the time to amend, answer or move provided by the Federal Rules of Civil Procedure or Local Rules. The initial pretrial conference scheduled for December 22, 2017 is adjourned pending resolution of this motion. SO ORDERED. (Signed by Judge Alison J. Nathan on 11/21/2017) (ama) (Entered: 11/21/2017)

Nov. 21, 2017

Nov. 21, 2017

Clearinghouse
41

LETTER addressed to Judge Alison J. Nathan from Neil A. Steiner dated November 27, 2017 re: Response to Court's Order entered November 21, 2017 (Doc. 40). Document filed by Common Cause/New York,.(Steiner, Neil) (Entered: 11/27/2017)

Nov. 27, 2017

Nov. 27, 2017

Clearinghouse
42

ORDER: On November 17, 2017, Defendants filed a motion to dismiss. Opposition to Defendants' motion was due on December 1, 2017, but as of December 18, 2017, Plaintiff has failed to file an opposition to Defendants' motion or request a deadline extension. Therefore, no later January 8, 2018, Plaintiff shall submit a letter to the Court indicating that it wishes to file an opposition to the motion or does not wish to file an opposition to the motion to dismiss. (As further set forth in this Order.) Failure to submit any letter to the Court by January 8, 2018 shall result in DISMISSAL of the action for failure to prosecute. (Signed by Judge Alison J. Nathan on 12/18/2017) (cf) Modified on 2/7/2018 (cf). (Entered: 12/18/2017)

Dec. 18, 2017

Dec. 18, 2017

Clearinghouse
43

LETTER addressed to Judge Alison J. Nathan from Neil A. Steiner dated December 19, 2017 re: Courts Order dated December 18, 2017 Dkt. 42. Document filed by Common Cause/New York,.(Steiner, Neil) (Entered: 12/19/2017)

Dec. 19, 2017

Dec. 19, 2017

Clearinghouse
44

MEMO ENDORSEMENT: on re: 43 Letter filed by Common Cause/New York. ENDORSEMENT: The parties are instructed to file their briefing in accordance with the schedule set by the Court on October 18, 2017 and to disregard the instructions in its December 18 order. (Signed by Judge Alison J. Nathan on 12/20/2017) (ap) (Entered: 12/20/2017)

Dec. 20, 2017

Dec. 20, 2017

PACER
45

MEMORANDUM OF LAW in Opposition re: 36 FIRST MOTION to Dismiss . . Document filed by Common Cause/New York,. (Steiner, Neil) (Entered: 12/22/2017)

Dec. 22, 2017

Dec. 22, 2017

Clearinghouse
46

DECLARATION of Neil A. Steiner in Opposition re: 36 FIRST MOTION to Dismiss .. Document filed by Common Cause/New York,. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Steiner, Neil) (Entered: 12/22/2017)

1 Exhibit 1

View on RECAP

2 Exhibit 2

View on RECAP

Dec. 22, 2017

Dec. 22, 2017

Clearinghouse
47

LETTER MOTION for Oral Argument addressed to Judge Alison J. Nathan from Neil A. Steiner dated December 22, 2017. Document filed by Common Cause/New York,.(Steiner, Neil) (Entered: 12/22/2017)

Dec. 22, 2017

Dec. 22, 2017

PACER
48

MOTION for Joanna Elise Cuevas Ingram to Withdraw as Attorney for Plaintiff Common Cause/New York. Document filed by Common Cause/New York,. (Attachments: # 1 Text of Proposed Order, # 2 Affidavit)(Cuevas Ingram, Joanna) (Entered: 12/29/2017)

Dec. 29, 2017

Dec. 29, 2017

PACER
49

ORDER GRANTING MOTION TO WITHDRAW AS COUNSEL FOR PLAINTIFF granting 48 Motion to Withdraw as Attorney. Joanna Elise Cuevas Ingram seeks leave to withdraw as one of the counsel of record for Plaintiff in this matter. As attorneys from LatinoJustice PRLDEF, The Lawyers' Committee for Civil Rights Under Law and Dechert LLP will remain co-counsel for the Plaintiff and no party will be prejudiced in this matter, the Court hereby grants the motion of Joanna Elise Cuevas Ingram and authorizes her withdrawal as counsel of record for Plaintiff in this matter. SO ORDERED. Attorney Joanna Elise Cuevas Ingram terminated. (Signed by Judge Alison J. Nathan on 1/3/2018) (rj) (Entered: 01/05/2018)

Jan. 5, 2018

Jan. 5, 2018

PACER
50

NOTICE OF APPEARANCE by Jackson Chin on behalf of Common Cause/New York,. (Attachments: # 1 Supplement Certificate of Service by Mail)(Chin, Jackson) (Entered: 01/08/2018)

Jan. 8, 2018

Jan. 8, 2018

PACER
51

REPLY MEMORANDUM OF LAW in Support re: 36 FIRST MOTION to Dismiss . . Document filed by Robert A. Brehm, Douglas A. Kellner, Peter S. Kosinski, Gregory P. Peterson, Andrew J. Spano, Todd D. Valentine. (Cartagena, Nicholas) (Entered: 01/12/2018)

Jan. 12, 2018

Jan. 12, 2018

Clearinghouse
52

CERTIFICATE OF SERVICE of Reply Memorandum of Law in Support of Motion to Dismiss served on Common Cause/New York on January 12, 2018. Document filed by Robert A. Brehm, Douglas A. Kellner, Peter S. Kosinski, Gregory P. Peterson, Andrew J. Spano, Todd D. Valentine. (Cartagena, Nicholas) (Entered: 01/12/2018)

Jan. 12, 2018

Jan. 12, 2018

PACER
53

LETTER MOTION for Oral Argument addressed to Judge Alison J. Nathan from Nicholas R. Cartagena dated January 12, 2018. Document filed by Robert A. Brehm, Douglas A. Kellner, Peter S. Kosinski, Gregory P. Peterson, Andrew J. Spano, Todd D. Valentine.(Cartagena, Nicholas) (Entered: 01/12/2018)

Jan. 12, 2018

Jan. 12, 2018

PACER
54

ORDER: On June 11, 2018, the Supreme Court issued an opinion in Husted v. A. Philip Randolph Institute, 584 U.S. ___ (2018). Each party may submit a supplemental brief of no more than five pages within fourteen days of the date of this Order explaining if and how the opinion impacts the pending motion to dismiss. (Signed by Judge Alison J. Nathan on 6/19/2018) (ras) (Entered: 06/19/2018)

June 19, 2018

June 19, 2018

Clearinghouse
55

SECOND MEMORANDUM OF LAW in Support re: 36 FIRST MOTION to Dismiss . . Document filed by Robert A. Brehm, Douglas A. Kellner, Peter S. Kosinski, Gregory P. Peterson, Andrew J. Spano, Todd D. Valentine. (Attachments: # 1 FEC Guidance Re NVRA)(Cartagena, Nicholas) (Entered: 07/02/2018)

1 FEC Guidance Re NVRA

View on PACER

July 2, 2018

July 2, 2018

Clearinghouse
56

SUPPLEMENTAL MEMORANDUM OF LAW in Opposition re: 36 FIRST MOTION to Dismiss . . Document filed by Common Cause/New York,. (Powers, John) (Entered: 07/03/2018)

July 3, 2018

July 3, 2018

Clearinghouse
57

NOTICE OF CHANGE OF ADDRESS by John Powers on behalf of All Plaintiffs. New Address: Lawyers' Committee for Civil Rights Under Law, 1500 K Street NW, Suite 900, Washington, District of Columbia, United States 20005, 202-662-8389. (Powers, John) (Entered: 08/31/2018)

Aug. 31, 2018

Aug. 31, 2018

PACER
58

OPINION & ORDER re: 53 LETTER MOTION for Oral Argument addressed to Judge Alison J. Nathan from Nicholas R. Cartagena dated January 12, 2018. filed by Robert A. Brehm, Gregory P. Peterson, Andrew J. Spano, Douglas A. Kellner, Peter S. Kosinski, Todd D. Valentine, 47 LETTER MOTION for Oral Argument addressed to Judge Alison J. Nathan from Neil A. Steiner dated December 22, 2017. filed by Common Cause/New York, 36 FIRST MOTION to Dismiss . filed by Robert A. Brehm, Gregory P. Peterson, Andrew J. Spano, Douglas A. Kellner, Peter S. Kosinski, Todd D. Valentine. Defendants' motion to dismiss is GRANTED in part and DENIED in part. An initial pretrial conference will be scheduled in a separate order. This resolves Docket Numbers 36, 47, and 53. SO ORDERED. (Signed by Judge Alison J. Nathan on 9/30/18) (yv) (Entered: 10/01/2018)

Sept. 30, 2018

Sept. 30, 2018

Clearinghouse
59

ORDER: Initial Conference set for 11/2/2018 at 03:45 PM in Courtroom 906, 40 Foley Square, New York, NY 10007 before Judge Alison J. Nathan. (Signed by Judge Alison J. Nathan on 10/1/2018) (rj) (Entered: 10/02/2018)

Oct. 1, 2018

Oct. 1, 2018

PACER
60

ANSWER to 1 Complaint,. Document filed by Robert A. Brehm, Douglas A. Kellner, Peter S. Kosinski, Gregory P. Peterson, Andrew J. Spano, Todd D. Valentine.(Cartagena, Nicholas) (Entered: 10/24/2018)

Oct. 24, 2018

Oct. 24, 2018

Clearinghouse
61

CERTIFICATE OF SERVICE of Answer served on Common Cause/NewYork on October 24, 2018. Document filed by Robert A. Brehm, Douglas A. Kellner, Peter S. Kosinski, Gregory P. Peterson, Andrew J. Spano, Todd D. Valentine. (Cartagena, Nicholas) (Entered: 10/24/2018)

Oct. 24, 2018

Oct. 24, 2018

PACER
62

LETTER addressed to Judge Alison J. Nathan from Neil A. Steiner dated October 26, 2018 re: Pre-Trial Conference. Document filed by Common Cause/New York,.(Steiner, Neil) (Entered: 10/26/2018)

Oct. 26, 2018

Oct. 26, 2018

PACER
63

PROPOSED CASE MANAGEMENT PLAN. Document filed by Common Cause/New York,. (Steiner, Neil) (Entered: 10/26/2018)

Oct. 26, 2018

Oct. 26, 2018

PACER
64

MEMO ENDORSEMENT on re: 62 Letter filed by Common Cause/New York. ENDORSEMENT: SO ORDERED. (Signed by Judge Alison J. Nathan on 10/31/2018) (cf) (Entered: 10/31/2018)

Oct. 31, 2018

Oct. 31, 2018

PACER
65

CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER: All parties do not consent to conducting all further proceedings before a United States Magistrate Judge, including motions and trial pursuant to 28 U.S.C. ยง 636(c). All expert discovery, including disclosure of expert reports, production of underlying documents, and depositions shall be completed by March 29, 2019. This case is not to be tried to a jury. The next Case Management Conference is scheduled for March 22, 2019 at 3:00 PM. (As further set forth in this Order.) Deposition due by 3/29/2019. Expert Discovery due by 3/29/2019. Case Management Conference set for 3/22/2019 at 03:00 PM before Judge Alison J. Nathan. (Signed by Judge Alison J. Nathan on 10/31/2018) (cf) (Entered: 10/31/2018)

Oct. 31, 2018

Oct. 31, 2018

PACER
66

MOTION to Amend/Correct 1 Complaint, . Document filed by Common Cause/New York,.(Steiner, Neil) (Entered: 11/30/2018)

Nov. 30, 2018

Nov. 30, 2018

Clearinghouse
67

MEMORANDUM OF LAW in Support re: 66 MOTION to Amend/Correct 1 Complaint, . . Document filed by Common Cause/New York,. (Steiner, Neil) (Entered: 11/30/2018)

Nov. 30, 2018

Nov. 30, 2018

Clearinghouse
68

DECLARATION of Neil A. Steiner in Support re: 66 MOTION to Amend/Correct 1 Complaint, .. Document filed by Common Cause/New York,. (Attachments: # 1 Exhibit A - Proposed First Amended Complaint)(Steiner, Neil) (Entered: 11/30/2018)

1 Exhibit A - Proposed First Amended Complaint

View on RECAP

Nov. 30, 2018

Nov. 30, 2018

Clearinghouse
69

ORDER granting 66 Motion to Amend/Correct: Accordingly, the Court hereby GRANTS Plaintiffs leave to file its proposed Amended Complaint. Plaintiff shall file the amended complaint presently docketed as Dkt. No. 68-1 within seven days of this Order. (Signed by Judge Alison J. Nathan on 12/21/2018) (jwh) (Entered: 12/21/2018)

Dec. 21, 2018

Dec. 21, 2018

Clearinghouse
70

FILING ERROR - DEFICIENT PLEADING - FILER ERROR - AMENDED COMPLAINT amending 1 Complaint, against Robert A. Brehm, Douglas A. Kellner, Peter S. Kosinski, Gregory P. Peterson, Andrew J. Spano, Todd D. Valentine.Document filed by Common Cause/New York,. Related document: 1 Complaint,. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Steiner, Neil) Modified on 12/26/2018 (pc). (Entered: 12/21/2018)

Dec. 21, 2018

Dec. 21, 2018

PACER

***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Neil A. Steiner to RE-FILE re: Document No. 70 Amended Complaint,. The filing is deficient for the following reason(s): all of the parties listed on the pleading were not entered on CM ECF; the wrong filer/filers were selected for the pleading;. Docket the event type Add Party to Pleading found under the event list Complaints and Other Initiating Documents.. Re-file the pleading using the event type Amended Complaint found under the event list Complaints and Other Initiating Documents - attach the correct signed PDF - select the individually named filer/filers - select the individually named party/parties the pleading is against. (pc)

Dec. 26, 2018

Dec. 26, 2018

PACER
71

FILING ERROR - PDF ERROR - AMENDED COMPLAINT amending 1 Complaint, against Robert A. Brehm, Douglas A. Kellner, Peter S. Kosinski, Gregory P. Peterson, Andrew J. Spano, Todd D. Valentine.Document filed by Common Cause/New York,. Related document: 1 Complaint,. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Steiner, Neil) Modified on 12/28/2018 (jgo). (Entered: 12/27/2018)

Dec. 27, 2018

Dec. 27, 2018

PACER

***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Neil A. Steiner. The party information for the following party/parties has been modified: Robert A. Brehm; Todd D. Valentine; Peter S. Kosinski; Douglas A. Kellner; Andrew J. Spano; Gregory P. Peterson. The information for the party/parties has been modified for the following reason/reasons: party text was omitted; party text contained a typographical error;. (jgo)

Dec. 28, 2018

Dec. 28, 2018

PACER

***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Neil A. Steiner re: Document No. 71 Amended Complaint. The filing is deficient for the following reason(s): all of the parties listed on the pleading were not entered on CM ECF. Add parties Robert A. Brehm with party text 'Co-Executive Director, in their official capacity as Commissioner of the New York State Board of Elections', Todd D. Valentine with party text 'Co-Executive Director, in their official capacity as Commissioner of the New York State Board of Elections';. Docket the event type Add Party to Pleading found under the event list Complaints and Other Initiating Documents... (jgo)

Dec. 28, 2018

Dec. 28, 2018

PACER
72

AMENDED COMPLAINT amending 1 Complaint, against Robert A. Brehm, Douglas A. Kellner, Peter S. Kosinski, Gregory P. Peterson, Andrew J. Spano, Todd D. Valentine.Document filed by Common Cause/New York,. Related document: 1 Complaint,. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Steiner, Neil) (Entered: 12/31/2018)

1 Exhibit A

View on Clearinghouse

2 Exhibit B

View on Clearinghouse

3 Exhibit C

View on Clearinghouse

4 Exhibit D

View on Clearinghouse

Dec. 31, 2018

Dec. 31, 2018

Clearinghouse
73

ANSWER to 72 Amended Complaint,. Document filed by Robert A. Brehm, Douglas A. Kellner, Peter S. Kosinski, Gregory P. Peterson, Andrew J. Spano, Todd D. Valentine.(Cartagena, Nicholas) (Entered: 01/25/2019)

Jan. 25, 2019

Jan. 25, 2019

Clearinghouse
74

CERTIFICATE OF SERVICE of Answer to Amended Complaint served on Common Cause/New York on January 25, 2019. Document filed by Robert A. Brehm, Douglas A. Kellner, Peter S. Kosinski, Gregory P. Peterson, Andrew J. Spano, Todd D. Valentine. (Cartagena, Nicholas) (Entered: 01/25/2019)

Jan. 25, 2019

Jan. 25, 2019

PACER
75

LETTER MOTION for Extension of Time to Complete Discovery addressed to Judge Alison J. Nathan from Neil A. Steiner dated February 28, 2019. Document filed by Common Cause/New York,.(Steiner, Neil) (Entered: 02/28/2019)

Feb. 28, 2019

Feb. 28, 2019

PACER
76

PROPOSED CASE MANAGEMENT PLAN. Document filed by Common Cause/New York,. (Steiner, Neil) (Entered: 02/28/2019)

Feb. 28, 2019

Feb. 28, 2019

PACER
77

CIVIL CASE MANAGEMENT AND SCHEDULING ORDER: All parties do not consent to conducting all further proceedings before a United States Magistrate Judge, including motions and trial pursuant to 28 U.S.C. ยง 636(c). Fact Discovery due by 5/15/2019. Deposition due by 5/15/2019. All expert discovery, including disclosure or expert reports, production or underlying documents, and depositions shall be completed due by 6/14/2019. Thus case is not to be tried to a jury. Case Management Conference set for 5/24/2019 at 03:45 PM before Judge Alison J. Nathan. (Signed by Judge Alison J. Nathan on 2/28/2019) (rro) (Entered: 03/01/2019)

March 1, 2019

March 1, 2019

PACER
78

ORDER granting 75 Letter Motion for Extension of Time to Complete Discovery. The Clerk of the Court is respectfully directed to clear Dkt. No. 75 in the above captioned case, which was resolved by Dkt. No. 77. SO ORDERED. (Signed by Judge Alison J. Nathan on 4/8/2019) (rj) (Entered: 04/09/2019)

April 9, 2019

April 9, 2019

PACER
79

MOTION for Tharuni A. Jayaraman to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-16708584. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Common Cause/New York,. (Attachments: # 1 Affidavit of Tharuni Jayaraman, # 2 Exhibit Certificate of Good Standing NY, # 3 Exhibit Certificate of Good Standing DC, # 4 Text of Proposed Order)(Jayaraman, Tharuni) (Entered: 04/16/2019)

April 16, 2019

April 16, 2019

PACER
80

MOTION for Anna Do to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-16710389. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Common Cause/New York,. (Attachments: # 1 Affidavit of Anna Do, # 2 Exhibit A - Certificate of Good Standing, # 3 Text of Proposed Order)(Do, Anna) (Entered: 04/16/2019)

April 16, 2019

April 16, 2019

PACER

>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 79 MOTION for Tharuni A. Jayaraman to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-16708584. Motion and supporting papers to be reviewed by Clerk's Office staff., 80 MOTION for Anna Do to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-16710389. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb)

April 17, 2019

April 17, 2019

PACER
81

MOTION for Katherine Shorey to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-16713278. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Common Cause/New York,. (Attachments: # 1 Affidavit Affidavit of Katherine Shorey In Support, # 2 Text of Proposed Order)(Shorey, Katherine) (Entered: 04/17/2019)

April 17, 2019

April 17, 2019

PACER

>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 81 MOTION for Katherine Shorey to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-16713278. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb)

April 17, 2019

April 17, 2019

PACER
82

MOTION for Richard Flannery to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-16718374. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Common Cause/New York,. (Attachments: # 1 Affidavit of Richard Flannery, # 2 Exhibit A - Maryland Certificate of Good Standing, # 3 Exhibit B - DC Certificate of Good Standing, # 4 Text of Proposed Order)(Flannery, Richard) (Entered: 04/17/2019)

April 17, 2019

April 17, 2019

PACER

>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 82 MOTION for Richard Flannery to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-16718374. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb)

April 18, 2019

April 18, 2019

PACER

Order on Motion to Appear Pro Hac Vice

April 18, 2019

April 18, 2019

PACER
83

ORDER granting 79 Motion for Tharuni A. Jayaraman to Appear Pro Hac Vice (HEREBY ORDERED by Judge Alison J. Nathan)(Text Only Order) (Nathan, Alison) Transmission to Attorney Services/Help Desk. (Entered: 04/18/2019)

April 18, 2019

April 18, 2019

PACER
84

ORDER granting 80 Motion for Anna Do to Appear Pro Hac Vice (HEREBY ORDERED by Judge Alison J. Nathan)(Text Only Order) (Nathan, Alison) Transmission to Attorney Services/Help Desk. (Entered: 04/18/2019)

April 18, 2019

April 18, 2019

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: Sept. 6, 2017

Closing Date: Jan. 13, 2020

Case Ongoing: No reason to think so

Plaintiffs

Plaintiff Description:

Plaintiff Common Cause/New York is the New York chapter of Common Cause, a 501(c)(4) not-for-profit grassroots organization dedicated to upholding the core values of American democracy.

Plaintiff Type(s):

Non-profit NON-religious organization

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

New York, State

Case Details

Causes of Action:

National Voter Registration Act ("Motor Voter law"), 52 U.S.C. § 20501 (previously 42 U.S.C. § 1973gg)

42 U.S.C. § 1983

Constitutional Clause(s):

Equal Protection

Available Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Litigation

Content of Injunction:

Voting Process Changes

Order Duration: 2020 - 2020

Issues

Voting:

Voter qualifications

Voter registration rules