Case: Sloan v. Michel

1:15-cv-06963 | U.S. District Court for the Southern District of New York

Filed Date: Sept. 3, 2015

Closed Date: July 5, 2017

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Case Summary

In this case, a private individual challenged his exclusion of his name from the ballots in New York Democratic Party primary elections in 2013, 2014, and 2015, and the composition of the state and city election boards. On September 3, 2015, the individual filed this lawsuit in the U.S. District Court for the Southern District of New York against the Board of Elections in the City of New York, the New York State Board of Elections, and 10 individuals who either served on the boards or otherwise allegedly conspired to keep the plaintiff and other potential candidates off the ballots. Representing himself, the individual sued under 42 U.S.C. § 1983. In short, he alleged a broad conspiracy to keep “outsider candidates” off the ballot, violations of his First and Fourteenth Amendment rights relating to the exclusion of his name from the ballots and his right to vote for himself, and violation of the Equal Protection Clause based on the composition of the boards, which he claimed violated the “one person, one vote” principle. He sought injunctive relief, including the placement of his own name and the other candidates’ names on the ballot as Judicial Delegate in the Democratic Primary and the disbandment of the state and city election boards, as well as attorney fees, damages, and costs. Judge Lorna G. Schofield presided over the case.

On September 9, 2015, before the defendants filed a response, the court denied the individual’s motion for injunctive relief. Judge Schofield determined that the individual did not show a clear or substantial likelihood of success in his claim because his claims appeared to have already been considered and decided in New York state court. Additionally, his lawsuit was filed after the deadline for challenging the ballot had passed. The judge also concluded that, although the individual claimed that his right to vote was affected, he only claimed that he was not able to vote for the candidate of his choice, which was not an absolute right. The individual appealed this decision on the same day, but the Second Circuit dismissed the appeal on January 19, 2016, for failure to file a brief.

On November 12, 2015, five of the individual defendants, including four attorneys and one “objector” in the underlying proceedings before the election boards, filed a motion to dismiss. They argued that they were not members of the election boards and could not be sued as state actors. One of the individuals also argued that he was entitled to absolute immunity, and another argued for dismissal because his role in the proceedings had already been unsuccessfully challenged in state court.

On December 11, 2015, the New York State Board of Elections and the individual defendants associated with the state board (the “State defendants”) also moved to dismiss. They argued that the lawsuit was prohibited by the Rooker-Feldman doctrine, which prevents federal courts from hearing cases that ask federal courts to review and reject state court decisions. The motion also sought dismissal on the basis of Eleventh Amendment Immunity, which prohibits lawsuits against states and state entities for violations of the U.S. Constitution. The individual State defendants argued that they were entitled to immunity for the actions they took in their positions with the board. Finally, the State defendants argued that the complaint alleged no specific actions that violated constitutional rights and that the composition of the board complied with all applicable legal requirements.

The Board of Elections in the City of New York and related individuals (the “City defendants”) also moved to dismiss on December 11, 2015. They argued that the complaint was moot because the election already had occurred. They argued that, even if it was not moot, an individual could not challenge actions of the board in federal court when the state provided its own measures to do so. They contended that the plaintiff had already unsuccessfully challenged the same actions in state proceedings and could not do so again in federal court. Finally, they argued that the complaint provided no basis for concluding that the board’s composition violated the law.

On April 4, 2016, Judge Schofield granted all three motions to dismiss. 2016 WL 1312769. The judge reasoned that the State Board was entitled to Eleventh Amendment Immunity. She also determined that the ballot access claims were barred by res judicata because the same claims were brought and decided in state court, and even if they were not barred, the claims were not supported by the complaint’s allegations. The judge also dismissed the conspiracy claims, concluding that the allegations in the complaint did not show a meeting of the minds to take unlawful actions. Finally, the judge determined that the board composition claims failed because the plaintiff had already unsuccessfully challenged the composition of the State Board in state court. As to the City Board, the judge determined that the individual plaintiff did not have standing to challenge the composition of the board, the complaint did not show that it was likely that the individual would have been on the primary ballot with a different board composition, and the individual failed to allege that he was in a disadvantaged group that would benefit from including third parties. The judge also noted that the “one person, one vote” principle did not apply to appointed government bodies.

The individual appealed from the court’s order. On May 3, 2017, the U.S. Court of Appeals for the Second Circuit affirmed the decision. 689 Fed. App'x 101. This case is now closed.

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Summary Authors

Carly Compton (12/8/2025)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/5565253/parties/sloan-v-michel/

Judge(s)

Attorney for Plaintiff

Attorney for Defendant

Goldberg, Jane R. (New York)

Goldfeder, Jerry H. (New York)

Kitzinger, Stephen Edward (New York)

Orsland, Chlarens (New York)

Schlein, Stanley Kalmon (New York)

Judge(s)

Schofield, Lorna Gail (New York)

Attorney for Plaintiff

Sloan, Samuel H. (New York)

Attorney for Defendant

Goldberg, Jane R. (New York)

Goldfeder, Jerry H. (New York)

Kitzinger, Stephen Edward (New York)

Orsland, Chlarens (New York)

Schlein, Stanley Kalmon (New York)

Soto, Marissa (New York)

Attorney Contact Information via CourtListener

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Documents in the Clearinghouse

	Document
1-6 1:15-cv-06963	Complaint Part 7	Sept. 3, 2015	Sept. 3, 2015 Complaint
1-5 1:15-cv-06963	Complaint Part 6	Sept. 3, 2015	Sept. 3, 2015 Complaint
1-4 1:15-cv-06963	Complaint Part 5	Sept. 3, 2015	Sept. 3, 2015 Complaint
1-1 1:15-cv-06963	Complaint (part 2)	Sept. 3, 2015	Sept. 3, 2015 Complaint
1-3 1:15-cv-06963	Complaint Part 4	Sept. 3, 2015	Sept. 3, 2015 Complaint
1 1:15-cv-06963	Complaint	Sept. 3, 2015	Sept. 3, 2015 Complaint
1-2 1:15-cv-06963	Complaint Part 3	Sept. 3, 2015	Sept. 3, 2015 Complaint
5 1:15-cv-06963	Order	Sept. 9, 2015	Sept. 9, 2015 Order/Opinion
35 1:15-cv-06963	Notice of Motion to Dismiss the Complaint	Nov. 12, 2015	Nov. 12, 2015 Pleading / Motion / Brief
36 1:15-cv-06963	Memorandum of Law in Support of Motion to Dismiss the Complaint Against the Attorney-Defendants and Defendant Catala	Nov. 12, 2015	Nov. 12, 2015 Pleading / Motion / Brief

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/5565253/sloan-v-michel/

Last updated Dec. 8, 2025, 12:43 p.m.

ECF Number	Description	Date	Link Date / Link
1	COMPLAINT against Jose Miguel Araujo, Board of Elections in the City of New York, Ronald Castorina, Jr, Venancio Benny Catala, john Flateau, Kimberly Galvin, Jerry H. Goldfeder, Maria R. Guastella, Douglas Arthur Kellner, Stephen Edward Kitzinger, Michael Michel, New York State Board of Elections, Kathleen O'Keefe, Bianka Perez, Michael A. Rendino, Steven Howard Richman, Michael J. Ryan, Stanley Kalmon Schlein, Alan Schulkin, Simon Shamoun, Gregory C. Soumas, Daniel Szalkiewicz. (Filing Fee $ 400.00, Receipt Number 465401133767)Document filed by Samuel H. Sloan. (Attachments: # 1 Complaint Part 2, # 2 Complaint Part 3, # 3 Complaint Part 4, # 4 Complaint Part 5, # 5 Complaint Part 6, # 6 Complaint Part 7)(moh) (Entered: 09/03/2015) 1 Complaint Part 2 View on Clearinghouse 2 Complaint Part 3 View on Clearinghouse 3 Complaint Part 4 View on Clearinghouse 4 Complaint Part 5 View on Clearinghouse 5 Complaint Part 6 View on Clearinghouse 6 Complaint Part 7 View on Clearinghouse	Sept. 3, 2015	Sept. 3, 2015 Clearinghouse
2	UNSIGNED ORDER TO SHOW CAUSE filed by Samuel H. Sloan. Plaintiff (moh) (Entered: 09/03/2015)	Sept. 3, 2015	Sept. 3, 2015
	Summons Issued	Sept. 3, 2015	Sept. 3, 2015
	SUMMONS ISSUED as to Jose Miguel Araujo, Board of Elections in the City of New York, Ronald Castorina, Jr, Venancio Benny Catala, john Flateau, Kimberly Galvin, Jerry H. Goldfeder, Maria R. Guastella, Douglas Arthur Kellner, Stephen Edward Kitzinger, Michael Michel, New York State Board of Elections, Kathleen O'Keefe, Bianka Perez, Michael A. Rendino, Steven Howard Richman, Michael J. Ryan, Stanley Kalmon Schlein, Alan Schulkin, Simon Shamoun, Gregory C. Soumas, Daniel Szalkiewicz. (moh)	Sept. 3, 2015	Sept. 3, 2015
	CASE REFERRED TO Judge Alison J. Nathan as possibly similar to 1:13-cv-6104. (moh)	Sept. 3, 2015	Sept. 3, 2015
	Case Designated ECF. (moh)	Sept. 3, 2015	Sept. 3, 2015
	NOTICE OF CASE ASSIGNMENT to Judge Lorna G. Schofield. Judge Unassigned is no longer assigned to the case. (pgu)	Sept. 4, 2015	Sept. 4, 2015
	Magistrate Judge Andrew J. Peck is so designated. (pgu)	Sept. 4, 2015	Sept. 4, 2015
	CASE DECLINED AS NOT RELATED. Case referred as related to 13cv6104 and declined by Judge Alison J. Nathan. (pgu)	Sept. 4, 2015	Sept. 4, 2015
5	ORDER: For the foregoing reasons, Plaintiff has failed to demonstrate that he is entitled to mandatory injunctive relief. Accordingly, Plaintiffs request for mandatory injunctive relief is DENIED. The Clerk of Court is respectfully directed to mail a copy of this Order to the pro se Plaintiff. (Signed by Judge Lorna G. Schofield on 09/09/2015) (jcs) (Entered: 09/09/2015)	Sept. 9, 2015	Sept. 9, 2015 Clearinghouse
6	NOTICE OF APPEAL from 5 Order,. Document filed by Samuel H. Sloan. Filing fee $ 505.00, receipt number 465401134039. Form D-P is due within 14 days to the Court of Appeals, Second Circuit. (nd) (Entered: 09/09/2015)	Sept. 9, 2015	Sept. 9, 2015
	Mail Order by Certified Mail	Sept. 9, 2015	Sept. 9, 2015
	Transmission to Docket Assistant Clerk. Transmitted re: 5 Order to the Docket Assistant Clerk for case processing. (jcs)	Sept. 9, 2015	Sept. 9, 2015
	Mailed a copy of 5 Order, to Samuel H. Sloan 1664 Davidson Ave 1B Bronx, NY 10453. (soh)	Sept. 9, 2015	Sept. 9, 2015
	Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: 6 Notice of Appeal. (nd)	Sept. 9, 2015	Sept. 9, 2015
	Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files for 6 Notice of Appeal filed by Samuel H. Sloan, 1 Complaint,, filed by Samuel H. Sloan, 2 Order to Show Cause - Unsigned filed by Samuel H. Sloan, 5 Order, were transmitted to the U.S. Court of Appeals. (nd)	Sept. 9, 2015	Sept. 9, 2015
7	ORDER: Initial Conference set for 10/6/2015 at 10:40 AM in Courtroom 1106, Thurgood Marshal Courthouse, 40 Foley Square, New York, NY 10007 before Judge Lorna G. Schofield. (Signed by Judge Lorna G. Schofield on 9/10/2015) (kgo) (Entered: 09/10/2015)	Sept. 10, 2015	Sept. 10, 2015
	Transmission to Docket Assistant Clerk. Transmitted re: 7 Order for Initial Pretrial Conference, to the Docket Assistant Clerk for case processing. (kgo)	Sept. 10, 2015	Sept. 10, 2015
8	NOTICE OF APPEARANCE by Chlarens Orsland on behalf of Stephen Edward Kitzinger. (Attachments: # 1 Affidavit of Service)(Orsland, Chlarens) (Entered: 09/14/2015)	Sept. 14, 2015	Sept. 14, 2015
	Transmission to Docket Assistant Clerk	Sept. 14, 2015	Sept. 14, 2015
	Mail Order by Certified Mail	Sept. 14, 2015	Sept. 14, 2015
	Mailed a copy of 7 Order for Initial Pretrial Conference and the documents specified in the order to Samuel H. Sloan 1664 Davidson Ave 1B Bronx, NY 10453. (soh)	Sept. 14, 2015	Sept. 14, 2015
9	LETTER MOTION to Adjourn Conference addressed to Judge Lorna G. Schofield from Jane R. Goldberg dated September 25, 2015. Document filed by Board of Elections in the City of New York, Kimberly Galvin, Douglas Arthur Kellner, Kathleen O'Keefe.(Goldberg, Jane) (Entered: 09/25/2015)	Sept. 25, 2015	Sept. 25, 2015
10	CERTIFICATE OF SERVICE of Letter Motion served on Samuel H. Sloan on September 25, 2015. Service was made by Mail. Document filed by Board of Elections in the City of New York, Kimberly Galvin, Douglas Arthur Kellner, New York State Board of Elections, Kathleen O'Keefe. (Goldberg, Jane) (Entered: 09/25/2015)	Sept. 25, 2015	Sept. 25, 2015
11	NOTICE OF APPEARANCE by Stephen Edward Kitzinger on behalf of Jose Miguel Araujo, Board of Elections in the City of New York, Ronald Castorina, Jr, john Flateau, Maria R. Guastella, Michael Michel, Bianka Perez, Michael A. Rendino, Steven Howard Richman, Michael J. Ryan, Alan Schulkin, Simon Shamoun, Gregory C. Soumas. (Kitzinger, Stephen) (Entered: 09/25/2015)	Sept. 25, 2015	Sept. 25, 2015
12	LETTER addressed to Judge Lorna G. Schofield from Stephen Kitzinger dated September 25, 2015 re: failure of service. Document filed by Jose Miguel Araujo, Board of Elections in the City of New York, Ronald Castorina, Jr, john Flateau, Maria R. Guastella, Michael Michel, Bianka Perez, Michael A. Rendino, Steven Howard Richman, Michael J. Ryan, Alan Schulkin, Simon Shamoun, Gregory C. Soumas.(Kitzinger, Stephen) (Entered: 09/25/2015)	Sept. 25, 2015	Sept. 25, 2015
13	ORDER granting 9 Letter Motion to Adjourn Conference. Application GRANTED. The initial pretrial conference scheduled for October 6, 2015, is hereby adjourned to October 27, 2015, at 10:40 a.m. Pursuant to the Order dated September 10, 2015, the parties shall submit a joint status letter and proposed Case Management Plan at least one week before the conference. The Clerk of Court is directed to mail a copy of this Order to the pro se Plaintiff. Initial Conference set for 10/27/2015 at 10:40 AM before Judge Lorna G. Schofield. (Signed by Judge Lorna G. Schofield on 9/28/2015) (kgo) (Entered: 09/28/2015)	Sept. 28, 2015	Sept. 28, 2015
14	MOTION FOR PERMISSION FOR ELECTRONIC CASE FILING; re: for Permission for Samuel H. Sloan to participate in electronic case filing in this case. Document filed by Samuel H. Sloan.(sc) (Main Document 14 replaced on 10/1/2015) (sc). (Entered: 09/30/2015)	Sept. 28, 2015	Sept. 28, 2015
15	PRO SE CONSENT TO RECEIVE ELECTRONIC SERVICE. The following party: Samuel H. Sloan consents to receive electronic service via the ECF system. Document filed by Samuel H. Sloan.(sc) (Entered: 10/01/2015)	Sept. 28, 2015	Sept. 28, 2015
	Transmission to Docket Assistant Clerk	Sept. 28, 2015	Sept. 28, 2015
	Transmission to Docket Assistant Clerk. Transmitted re: 13 Order on Motion to Adjourn Conference,,, to the Docket Assistant Clerk for case processing. (kgo)	Sept. 28, 2015	Sept. 28, 2015
	Mailed a copy of 13 Order on Motion to Adjourn Conference, to Samuel H. Sloan 1664 Davidson Ave 1B Bronx, NY 10453. (ca)	Sept. 28, 2015	Sept. 28, 2015
16	MEMO ENDORSEMENT on re: 15 Pro Se Consent to Receive Electronic Service filed by Samuel H. Sloan. ENDORSEMENT: SO ORDERED. (Signed by Judge Lorna G. Schofield on 10/1/2015) (spo) (Entered: 10/01/2015)	Oct. 1, 2015	Oct. 1, 2015
17	MEMO ENDORSEMENT granting 14 Motion for Permission for Electronic Case Filing. ENDORSEMENT: Application GRANTED. The Clerk of Court is directed to close Dkt. No. 14. (Signed by Judge Lorna G. Schofield on 10/2/2015) (kgo) (Entered: 10/02/2015)	Oct. 2, 2015	Oct. 2, 2015
18	LETTER MOTION for Conference addressed to Judge Lorna G. Schofield from Jane R. Goldberg dated Oct. 16, 2015. Document filed by Kimberly Galvin, Douglas Arthur Kellner, New York State Board of Elections, Kathleen O'Keefe.(Goldberg, Jane) (Entered: 10/16/2015)	Oct. 16, 2015	Oct. 16, 2015
19	LETTER MOTION for Conference, Requesting for Initial Case Management Conference to Convert to Pre-Motion Conference addressed to Judge Lorna G. Schofield from Jerry H. Goldfeder dated October 16, 2015. Document filed by Jerry H. Goldfeder.(Goldfeder, Jerry) (Entered: 10/16/2015)	Oct. 16, 2015	Oct. 16, 2015
20	LETTER MOTION for Conference addressed to Judge Lorna G. Schofield from Chlarens Orsland dated 10/16/2015. Document filed by Stephen Edward Kitzinger.(Orsland, Chlarens) (Entered: 10/16/2015)	Oct. 16, 2015	Oct. 16, 2015
21	ORDER granting in part and denying in part 18 Letter Motion for Conference ; also granting in part and denying in part 19 Letter Motion for Conference and granting in part and denying in part 20 Letter Motion for Conference. Application GRANTED in part. Any contemplated motion to dismiss will be discussed at the initial pretrial conference scheduled for October 27, 2015. Pursuant to the Order dated September 10, 2015, the parties shall submit a joint status letter and proposed Case Management Plan by October 20, 2015. The Clerk of Court is directed to close Dkt. Nos. 18-20 (Signed by Judge Lorna G. Schofield on 10/19/2015) (kgo) (Entered: 10/19/2015)	Oct. 19, 2015	Oct. 19, 2015
22	NOTICE OF APPEARANCE by Marissa Soto on behalf of Venancio Benny Catala. (Attachments: # 1 Affidavit Affirmation of Service of Notice of Limited Appearance)(Soto, Marissa) (Entered: 10/19/2015)	Oct. 19, 2015	Oct. 19, 2015
23	JOINT LETTER addressed to Judge Lorna G. Schofield from Stephen Kitzinger dated October 20, 2015 re: Pre-conference joint letter with Case Management Plan and pleadings. Document filed by Jose Miguel Araujo, Board of Elections in the City of New York, Ronald Castorina, Jr, john Flateau, Maria R. Guastella, Michael Michel, Bianka Perez, Michael A. Rendino, Steven Howard Richman, Michael J. Ryan, Alan Schulkin, Simon Shamoun, Gregory C. Soumas. (Attachments: # 1 Text of Proposed Order Proposed Case Management Plan and Scheduling Order, # 2 Exhibit Complaint)(Kitzinger, Stephen) (Entered: 10/20/2015)	Oct. 20, 2015	Oct. 20, 2015
24	WAIVER OF SERVICE RETURNED EXECUTED. Jerry H. Goldfeder waiver sent on 9/27/2015, answer due 11/27/2015. Document filed by Jerry H. Goldfeder. (Goldfeder, Jerry) (Entered: 10/21/2015)	Oct. 21, 2015	Oct. 21, 2015
25	LETTER addressed to Judge Lorna G. Schofield from Sloan, Samuel H. dated October 20, 2015 re: Letter from Assistant Attorney General Jane R. Goldberg. Document filed by Samuel H. Sloan.(Sloan, Samuel) (Entered: 10/21/2015)	Oct. 21, 2015	Oct. 21, 2015
26	AFFIDAVIT OF SERVICE of Waiver of the Service of Summons served on Samuel H. Sloan on October 21, 2015. Service was made by Certified Mail. Document filed by Jerry H. Goldfeder. (Goldfeder, Jerry) (Entered: 10/21/2015)	Oct. 21, 2015	Oct. 21, 2015
27	NOTICE OF APPEARANCE by Stanley Kalmon Schlein on behalf of Stanley Kalmon Schlein. (Schlein, Stanley) (Entered: 10/21/2015)	Oct. 21, 2015	Oct. 21, 2015
28	LETTER addressed to Judge Lorna G. Schofield from Jane R. Goldberg dated Oct. 22, 2015 re: response to plaintiff's letter regarding service of the summons and complaint. Document filed by Kimberly Galvin, Douglas Arthur Kellner, Kathleen O'Keefe.(Goldberg, Jane) (Entered: 10/22/2015)	Oct. 22, 2015	Oct. 22, 2015
29	LETTER addressed to Judge Lorna G. Schofield from Sloan, Samuel H. dated October 27, 2015 re: Case Management Plan. Document filed by Samuel H. Sloan.(Sloan, Samuel) (Entered: 10/27/2015)	Oct. 27, 2015	Oct. 27, 2015
30	ORDER: WHEREAS, a conference was held on October 27, 2015; for the reasons stated at the conference, it is hereby ORDERED that any motion to dismiss by Defendants Jerry Goldfeder, Stanley Kalmon Schlein, Venancio Benny Catala, Daniel Szalkiewicz and Stephen Edward Kitzinger shall be filed by November 12, 2015. These Defendants are limited to one joint memorandum of law in support of their motion not to exceed 20 pages. Any response, also limited to 20 pages, shall be filed by November 30, 2015. No reply will be accepted. It is further ORDERED that any motion to dismiss by the remaining Defendants shall be filed by December 12, 2015. Any response shall be filed by January 8, 2016, and any reply shall be filed by January 15, 2016. It is further ORDERED that discovery is stayed pending resolution of the motions to dismiss. Motions due by 12/12/2015. Responses due by 1/8/2016 Replies due by 1/15/2016. (Signed by Judge Lorna G. Schofield on 10/27/2015) (kgo) (Entered: 10/27/2015)	Oct. 27, 2015	Oct. 27, 2015
	Minute Entry for proceedings held before Judge Lorna G. Schofield: Initial Pretrial Conference held on 10/27/2015. (Court Reporter Patricia Nilsen) (jcs)	Oct. 27, 2015	Oct. 27, 2015
31	WAIVER OF SERVICE RETURNED EXECUTED. Douglas Arthur Kellner waiver sent on 9/27/2015, answer due 11/27/2015. Document filed by Douglas Arthur Kellner. (Goldberg, Jane) (Entered: 10/28/2015)	Oct. 28, 2015	Oct. 28, 2015
32	WAIVER OF SERVICE RETURNED EXECUTED. Kimberly Galvin waiver sent on 10/27/2015, answer due 12/28/2015. Document filed by Kimberly Galvin. (Goldberg, Jane) (Entered: 10/28/2015)	Oct. 28, 2015	Oct. 28, 2015
33	WAIVER OF SERVICE RETURNED EXECUTED. Kathleen O'Keefe waiver sent on 9/27/2015, answer due 11/27/2015. Document filed by Kathleen O'Keefe. (Goldberg, Jane) (Entered: 10/28/2015)	Oct. 28, 2015	Oct. 28, 2015
34	NOTICE OF APPEARANCE by Jane R. Goldberg on behalf of Kimberly Galvin, Douglas Arthur Kellner, New York State Board of Elections, Kathleen O'Keefe. (Goldberg, Jane) (Entered: 10/28/2015)	Oct. 28, 2015	Oct. 28, 2015
35	MOTION to Dismiss the Complaint. Document filed by Venancio Benny Catala, Jerry H. Goldfeder, Stephen Edward Kitzinger, Stanley Kalmon Schlein, Daniel Szalkiewicz. Responses due by 12/11/2015(Orsland, Chlarens) (Entered: 11/12/2015)	Nov. 12, 2015	Nov. 12, 2015 Clearinghouse
36	MEMORANDUM OF LAW in Support re: 35 MOTION to Dismiss the Complaint. . Document filed by Venancio Benny Catala, Jerry H. Goldfeder, Stephen Edward Kitzinger, Stanley Kalmon Schlein, Daniel Szalkiewicz. (Orsland, Chlarens) (Entered: 11/12/2015)	Nov. 12, 2015	Nov. 12, 2015 Clearinghouse
37	DECLARATION of Samuel H. Sloan in Opposition re: 35 MOTION to Dismiss the Complaint.. Document filed by Samuel H. Sloan. (Sloan, Samuel) (Entered: 12/01/2015)	Dec. 1, 2015	Dec. 1, 2015 Clearinghouse
38	MOTION to Dismiss the Complaint. Document filed by Kimberly Galvin, Douglas Arthur Kellner, New York State Board of Elections, Kathleen O'Keefe.(Goldberg, Jane) (Entered: 12/11/2015)	Dec. 11, 2015	Dec. 11, 2015 Clearinghouse
39	MEMORANDUM OF LAW in Support re: 38 MOTION to Dismiss the Complaint. . Document filed by Kimberly Galvin, Douglas Arthur Kellner, New York State Board of Elections, Kathleen O'Keefe. (Goldberg, Jane) (Entered: 12/11/2015)	Dec. 11, 2015	Dec. 11, 2015 Clearinghouse
40	DECLARATION of Jane R. Goldberg in Support re: 38 MOTION to Dismiss the Complaint.. Document filed by Kimberly Galvin, Douglas Arthur Kellner, New York State Board of Elections, Kathleen O'Keefe. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Goldberg, Jane) (Entered: 12/11/2015)	Dec. 11, 2015	Dec. 11, 2015
41	NOTICE of Local Rule 12.1 Notice to Pro Se Plaintiff re: 38 MOTION to Dismiss the Complaint.. Document filed by Kimberly Galvin, Douglas Arthur Kellner, New York State Board of Elections, Kathleen O'Keefe. (Attachments: # 1 Fed. R. Civ. Pro. 56)(Goldberg, Jane) (Entered: 12/11/2015)	Dec. 11, 2015	Dec. 11, 2015
42	CERTIFICATE OF SERVICE of Notice of Motion to Dismiss the Complaint, Memorandum of Law in Support of Motion to Dismiss, Declaration of Jane R. Goldberg with annexed exhibits, Notice to Pro Se Litigant and Rule 56, unpublished cases, Individual Rules of Practice of Judge Schofield served on Samuel H. Sloan on Dec. 11, 2015. Service was made by Mail. Document filed by Kimberly Galvin, Douglas Arthur Kellner, New York State Board of Elections, Kathleen O'Keefe. (Goldberg, Jane) (Entered: 12/11/2015)	Dec. 11, 2015	Dec. 11, 2015
43	MOTION to Dismiss . Document filed by Jose Miguel Araujo, Board of Elections in the City of New York, Ronald Castorina, Jr, john Flateau, Maria R. Guastella, Michael Michel, Bianka Perez, Michael A. Rendino, Steven Howard Richman, Michael J. Ryan, Alan Schulkin, Simon Shamoun, Gregory C. Soumas. Responses due by 1/8/2016(Kitzinger, Stephen) (Entered: 12/11/2015)	Dec. 11, 2015	Dec. 11, 2015 Clearinghouse
44	MEMORANDUM OF LAW in Support re: 43 MOTION to Dismiss . . Document filed by Jose Miguel Araujo, Board of Elections in the City of New York, Ronald Castorina, Jr, john Flateau, Maria R. Guastella, Michael Michel, Bianka Perez, Michael A. Rendino, Steven Howard Richman, Michael J. Ryan, Alan Schulkin, Simon Shamoun, Gregory C. Soumas. (Kitzinger, Stephen) (Entered: 12/11/2015)	Dec. 11, 2015	Dec. 11, 2015 Clearinghouse
45	AFFIDAVIT of Samuel H. Sloan in Opposition re: 38 MOTION to Dismiss the Complaint., 43 MOTION to Dismiss ., 35 MOTION to Dismiss the Complaint.. Document filed by Samuel H. Sloan. (Attachments: # 1 Exhibit Ehhibit A Part I Petitions filed by Stanley Schlein, # 2 Exhibit Exhibit A Part II Petitions filed by Stanley Schlein, # 3 Exhibit Exhibit A Part III Petitions filed by Stanley Schlein, # 4 Exhibit Exbibit B Petition sheets filed on behalf of Plaintiff, # 5 Exhibit Exhibit C Objections filed by Schlein against Sementilli, # 6 Exhibit Exhibit D Objections filed by Schlein and Catala against Sloan, # 7 Exhibit Exhibit E Cover Sheets filed by Quinones on behalf of judicial candidates)(Sloan, Samuel) (Entered: 01/08/2016) 1 Exhibit Ehhibit A Part I Petitions filed by Stanley Schlein View on PACER 2 Exhibit Exhibit A Part II Petitions filed by Stanley Schlein View on PACER 3 Exhibit Exhibit A Part III Petitions filed by Stanley Schlein View on PACER 4 Exhibit Exbibit B Petition sheets filed on behalf of Plaintiff View on PACER 5 Exhibit Exhibit C Objections filed by Schlein against Sementilli View on PACER 6 Exhibit Exhibit D Objections filed by Schlein and Catala against Sloan View on PACER 7 Exhibit Exhibit E Cover Sheets filed by Quinones on behalf of judicial candidate View on PACER	Jan. 8, 2016	Jan. 8, 2016 Clearinghouse
46	REPLY MEMORANDUM OF LAW in Support re: 38 MOTION to Dismiss the Complaint. . Document filed by Kimberly Galvin, Douglas Arthur Kellner, New York State Board of Elections, Kathleen O'Keefe. (Goldberg, Jane) (Entered: 01/15/2016)	Jan. 15, 2016	Jan. 15, 2016 Clearinghouse
47	REPLY MEMORANDUM OF LAW in Support re: 43 MOTION to Dismiss . . Document filed by Jose Miguel Araujo, Board of Elections in the City of New York, Ronald Castorina, Jr, john Flateau, Maria R. Guastella, Michael Michel, Bianka Perez, Michael A. Rendino, Steven Howard Richman, Michael J. Ryan, Alan Schulkin, Simon Shamoun, Gregory C. Soumas. (Kitzinger, Stephen) (Entered: 01/15/2016)	Jan. 15, 2016	Jan. 15, 2016 Clearinghouse
48	MANDATE of USCA (Certified Copy) as to 6 Notice of Appeal filed by Samuel H. Sloan. USCA Case Number 15-2846. Ordered that the appeal is DISMISSED.. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 01/19/2016. (nd) (Entered: 01/19/2016)	Jan. 19, 2016	Jan. 19, 2016
49	OPINION AND ORDER re: 38 MOTION to Dismiss the Complaint filed by Kimberly Galvin, Douglas Arthur Kellner, New York State Board of Elections, Kathleen O'Keefe, 43 MOTION to Dismiss filed by Steven Howard Richman, Maria R. Guastella, Gregory C. Soumas, Alan Schulkin, Bianka Perez, Michael J. Ryan, Simon Shamoun, Board of Elections in the City of New York, Ronald Castorina, Jr., Michael A. Rendino, john Flateau, Jose Miguel Araujo, Michael Michel, 35 MOTION to Dismiss the Complaint filed by Daniel Szalkiewicz, Stanley Kalmon Schlein, Venancio Benny Catala, Jerry H. Goldfeder, Stephen Edward Kitzinger. For the foregoing reasons, Defendants' motion is GRANTED. The Clerk of Court is directed to close Dkt. No. 35, 38 and 43 and to close the case. (As further set forth in this Opinion and Order.) (Signed by Judge Lorna G. Schofield on 4/4/2016) (mro) (Entered: 04/04/2016)	April 4, 2016	April 4, 2016 Clearinghouse
50	CLERK'S JUDGMENT: It is, ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Opinion and Order dated April 4, 2016, Defendants' motion is granted; accordingly, the case is closed. (Signed by Clerk of Court Ruby Krajick on 04/04/2016) (Attachments: # 1 Right to Appeal, # 2 Right to Appeal) The Clerks Office Has Mailed Copies. (km) (Main Document 50 replaced on 4/4/2016) (km). (Entered: 04/04/2016)	April 4, 2016	April 4, 2016
	Transmission to Judgments and Orders Clerk	April 4, 2016	April 4, 2016
	Mail Notice of Right to Appeal	April 4, 2016	April 4, 2016
	Transmission to Docket Assistant Clerk	April 4, 2016	April 4, 2016
	Transmission to Judgments and Orders Clerk. Transmitted re: 49 Memorandum & Opinion, to the Judgments and Orders Clerk. (mro)	April 4, 2016	April 4, 2016
	Transmission to Docket Assistant Clerk. Transmitted re: 50 Clerk's Judgment to the Docket Assistant Clerk for case processing. (km)	April 4, 2016	April 4, 2016
	Mailed notice of Right to Appeal re: 49 Memorandum & Opinion, 50 Clerk's Judgment, to Samuel H. Sloan 1664 Davidson Ave 1B Bronx, NY 10453. (ca)	April 4, 2016	April 4, 2016
51	FILING ERROR - NO ORDER/JUDGMENT SELECTED FOR APPEAL - NOTICE OF APPEAL. Document filed by Samuel H. Sloan. Filing fee $ 505.00. Form C and Form D are due within 14 days to the Court of Appeals, Second Circuit. (Sloan, Samuel) Modified on 4/18/2016 (nd). (Entered: 04/18/2016)	April 18, 2016	April 18, 2016
52	FILING ERROR - NO ORDER/JUDGMENT SELECTED FOR APPEAL - NOTICE OF APPEAL. Document filed by Samuel H. Sloan. Filing fee $ 505.00. Form C and Form D are due within 14 days to the Court of Appeals, Second Circuit. (Sloan, Samuel) Modified on 4/18/2016 (nd). (Entered: 04/18/2016)	April 18, 2016	April 18, 2016
53	FILING ERROR - NO ORDER/JUDGMENT SELECTED FOR APPEAL - CORRECTED NOTICE OF APPEAL re: 52 Notice of Appeal,. Document filed by Samuel H. Sloan. (Sloan, Samuel) Modified on 4/18/2016 (nd). (Entered: 04/18/2016)	April 18, 2016	April 18, 2016
54	CORRECTED NOTICE OF APPEAL re: 51 Notice of Appeal, 50 Clerk's Judgment, 49 Memorandum & Opinion,,,. Document filed by Samuel H. Sloan. (Sloan, Samuel) (Entered: 04/18/2016)	April 18, 2016	April 18, 2016
	Notice to Attorney Regarding Deficient Appeal	April 18, 2016	April 18, 2016
	Appeal Record Sent to USCA - Electronic File	April 18, 2016	April 18, 2016
	Appeal Fee Due	April 18, 2016	April 18, 2016
	Transmission of Notice of Appeal and Docket Sheet to USCA	April 18, 2016	April 18, 2016
	USCA Appeal Fees	April 18, 2016	April 18, 2016
	***NOTICE TO PRO SE FILER REGARDING DEFICIENT APPEAL. Notice to Sloan, Samuel to RE-FILE Document No. 51 Notice of Appeal.. The filing is deficient for the following reason(s): the order/judgment being appealed was not selected;. Re-file the appeal using the event type Corrected Notice of Appeal found under the event list Appeal Documents - attach the correct signed PDF - select the correct named filer/filers - select the correct order/judgment being appealed. (nd)	April 18, 2016	April 18, 2016
	***NOTICE TO PRO SE FILER REGARDING DEFICIENT APPEAL. Notice to Sloan, Samuel to RE-FILE Document No. 52 Notice of Appeal.. The filing is deficient for the following reason(s): the order/judgment being appealed was not selected;. Re-file the appeal using the event type Corrected Notice of Appeal found under the event list Appeal Documents - attach the correct signed PDF - select the correct named filer/filers - select the correct order/judgment being appealed. (nd)	April 18, 2016	April 18, 2016
	Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: 54 Corrected Notice of Appeal. (nd)	April 18, 2016	April 18, 2016
	Appeal Fee Due: for 54 Corrected Notice of Appeal.$505.00 Appeal fee due by 5/2/2016. (nd)	April 18, 2016	April 18, 2016
	Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files for 54 Corrected Notice of Appeal filed by Samuel H. Sloan were transmitted to the U.S. Court of Appeals. (nd)	April 18, 2016	April 18, 2016
	USCA Appeal Fees received $ 505.00 receipt number 465401150544 on 04/18/2016 re: 54 Corrected Notice of Appeal filed by Samuel H. Sloan. (tp)	April 18, 2016	April 18, 2016
55	MANDATE of USCA (Certified Copy) as to 54 Corrected Notice of Appeal, filed by Samuel H. Sloan. USCA Case Number 16-1185-cv. Ordered, Adjudged and Decreed that the judgment of the District Court is AFFIRMED. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 07/05/2017. (nd) (Entered: 07/05/2017)	July 5, 2017	July 5, 2017 Clearinghouse