Case: Gilder v. Gulino

COMPLAINT against All Defendants filing fee $ 400, receipt number 0207-7876187 Was the Disclosure Statement on Civil Cover Sheet completed -YES,, filed by Lawrence E Gilder. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M, # 14 Exhibit N, # 15 Exhibit O, # 16 Exhibit P, # 17 Exhibit Q, # 18 Exhibit R, # 19 Exhibit S, # 20 Civil Cover Sheet) (Luthmann, Richard) (Entered: 07/13/2015)

1 Exhibit A

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2 Exhibit B

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3 Exhibit C

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4 Exhibit D

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5 Exhibit E

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6 Exhibit F

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7 Exhibit G

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8 Exhibit H

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9 Exhibit I

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10 Exhibit J

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11 Exhibit K

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12 Exhibit L

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13 Exhibit M

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14 Exhibit N

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15 Exhibit O

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16 Exhibit P

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17 Exhibit Q

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18 Exhibit R

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19 Exhibit S

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20 Civil Cover Sheet

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In accordance with Rule 73 of the Federal Rules of Civil Procedure and Local Rule 73.1, the parties are notified that if all parties consent a United States magistrate judge of this court is available to conduct all proceedings in this civil action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to the Notice is a blank copy of the consent form that should be filled out, signed and filed electronically only if all parties wish to consent. The form may also be accessed at the following link:http://www.uscourts.gov/uscourts/FormsAndFees/Forms/AO085.pdf. You may withhold your consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent. (Davis, Kimberly) (Entered: 07/14/2015)

This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (Davis, Kimberly) (Entered: 07/14/2015)

Case Assigned to Judge Kiyo A. Matsumoto and Magistrate Judge Ramon E. Reyes, Jr. (Davis, Kimberly)

SUMMONS Returned Executed by Lawrence E Gilder. Board of Elections In the City of New York served on 7/15/2015, answer due 8/5/2015. (Luthmann, Richard) (Entered: 07/21/2015)

SUMMONS Returned Executed by Lawrence E Gilder. Democratic Committee of Richmond County served on 7/20/2015, answer due 8/10/2015. (Luthmann, Richard) (Entered: 07/21/2015)

SUMMONS Returned Executed by Lawrence E Gilder. John P. Gulino served on 7/20/2015, answer due 8/10/2015. (Luthmann, Richard) (Entered: 07/21/2015)

NOTICE of Appearance by Andrew L. Hoffman on behalf of Democratic Committee of Richmond County, John P. Gulino (aty to be noticed) (Hoffman, Andrew) (Entered: 07/31/2015)

First MOTION for Extension of Time to File Answer or Motion by Democratic Committee of Richmond County, John P. Gulino. (Hoffman, Andrew) (Entered: 07/31/2015)

REPLY in Opposition to Motion to Extend Time to Answer - Typographical Error by Counsel filed by Lawrence E Gilder. (Attachments: # 1 Exhibit July 30, 2015 Email Exchange) (Luthmann, Richard) (Entered: 07/31/2015)

1 Exhibit July 30, 2015 Email Exchange

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Letter In Response by Democratic Committee of Richmond County, John P. Gulino (Hoffman, Andrew) (Entered: 07/31/2015)

Order to Answer AND Order on Motion for Extension of Time to File

Order to Answer

ORDER granting 8 Motion for Extension of Time to File: Democratic Committee of Richmond County and John P. Gulino to answer or otherwise move by 9/25/2015. Ordered by Magistrate Judge Ramon E. Reyes, Jr. on 7/31/2015. (Stevens, Alexis)

ORDER TO ANSWER re 9 Reply in Opposition filed by Lawrence E Gilder: Democratic Committee of Richmond County and John P. Gulino to answer or otherwise move by 9/15/2015. Ordered by Magistrate Judge Ramon E. Reyes, Jr. on 7/31/2015. (Stevens, Alexis)

Request for Certificate of Default by Lawrence E Gilder (Attachments: # 1 Affidavit Affirmation of Richard A. Luthmann, Esq.) (Luthmann, Richard) (Entered: 08/06/2015)

AFFIDAVIT/AFFIRMATION re 11 Request for Certificate of Default PROOF OF MAILING by Lawrence E Gilder (Luthmann, Richard) (Entered: 08/06/2015)

Request for Certificate of Default by Lawrence E Gilder (Attachments: # 1 Certificate of Service Proof of Mailing) (Luthmann, Richard) (Entered: 08/06/2015)

Clerk's CERTIFICATE OF SERVICE: It appearing from the docket maintained in this action that defendant Board of Elections In the City of New York has failed to appear or otherwise defend this action, the default of defendant Board of Elections In the City of New York is hereby noted pursuant to Rule 55a of the Federal Rules of Civil Procedure. (Rios, Laura) (Entered: 08/06/2015)

First MOTION for Default Judgment against defendant Board of Elections in the City of New York ( Responses due by 10/2/2015), First MOTION for Attorney Fees against defendant Board of Elections in the City of New York by Lawrence E Gilder. (Attachments: # 1 Affidavit in Support Affirmation of Richard A. Luthmann, # 2 Exhibit Exhibit A - Certificate of Default, # 3 Exhibit Exhibit B - Copy of Claim to which no response has been made, # 4 Proposed Judgment Exhibit C - Proposed Judgment, # 5 Certificate of Service Proof of Mailing) (Luthmann, Richard) (Entered: 08/06/2015)

1 Affidavit in Support Affirmation of Richard A. Luthmann

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2 Exhibit Exhibit A - Certificate of Default

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3 Exhibit Exhibit B - Copy of Claim to which no response has been made

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4 Proposed Judgment Exhibit C - Proposed Judgment

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5 Certificate of Service Proof of Mailing

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NOTICE by Lawrence E Gilder TO ATTORNEY GENERAL OF THE STATE OF NEW YORK (Attachments: # 1 Exhibit VERIFIED COMPLAINT WITH EXHIBITS, # 2 Certificate of Service PROOF OF MAILING) (Luthmann, Richard) (Entered: 08/06/2015)

Request for Certificate of Default - Denied

REQUEST for Certificate of Default is denied at this time. re 11 Request for Certificate of Default. Please attach a Proposed Certificate of Default (Rios, Laura)

NOTICE of Appearance by Stephen Edward Kitzinger on behalf of Board of Elections In the City of New York (aty to be noticed) (Kitzinger, Stephen) (Entered: 08/12/2015)

Letter MOTION for Extension of Time to File Answer or otherwise respond to the Complaint, Letter MOTION to Vacate default by Board of Elections In the City of New York. (Kitzinger, Stephen) (Entered: 08/12/2015)

Letter requesting pre-motion conference for proposed motion to dismiss the Complaint by Board of Elections In the City of New York (Kitzinger, Stephen) (Entered: 08/12/2015)

Scheduling Order

ORDER: re 19 Letter filed by Board of Elections In the City of New York, 18 Letter MOTION for Extension of Time to File Answer or otherwise respond to the ComplaintLetter MOTION to Vacate default filed by Board of Elections In the City of New York. Plaintiff shall respond to defendant Board of Elections' 8/12/15 letters (ECF Nos. 18 and 19 ) by 8/21/15. Ordered by Judge Kiyo A. Matsumoto on 8/17/2015. (Alagesan, Deepa)

NOTICE by Lawrence E Gilder Reserving Right to Claim Attorneys' Fees (Attachments: # 1 Exhibit Brief submitted by Defendant John P. Gulino in the matter of Luthmann v. Gulino, et al.) (Luthmann, Richard) (Entered: 08/18/2015)

Letter dated 8/18/15 from the Office of the Attorney General to Douglas Palmer, informing the court that they will not intervene to participate in the case at this time. (Brucella, Michelle) (Entered: 08/21/2015)

RESPONSE in Opposition re 18 Letter MOTION for Extension of Time to File Answer or otherwise respond to the ComplaintLetter MOTION to Vacate default filed by Lawrence E Gilder. (Attachments: # 1 Exhibit Email exchange between counsel dated 8-12-2015) (Luthmann, Richard) (Entered: 08/21/2015)

Second MOTION for Extension of Time to File Answer or Motion by Democratic Committee of Richmond County, John P. Gulino. (Hoffman, Andrew) (Entered: 08/25/2015)

Scheduling Order

ORDER re 19 Letter filed by Board of Elections In the City of New York, 22 Response in Opposition to Motion, filed by Lawrence E Gilder, 18 Letter MOTION for Extension of Time to File Answer filed by Board of Elections In the City of New York. A telephone conference will be held on 9/9/2015 at 4:00 pm regarding plaintiff's pending motion for default judgment against the Board of Elections, the Board of Elections' application to vacate default and extend its time to respond to the complaint, and the Board of Elections' proposed motion to dismiss the complaint. Counsel for defendant Board of Elections is requested to call into chamber (718-613-2180) when all parties are on the line. Ordered by Judge Kiyo A. Matsumoto on 8/25/2015. (Alagesan, Deepa)

Order on Motion for Extension of Time to Answer AND Order on Motion for Default Judgment AND Order on Motion to Vacate AND Order on Motion for Attorney Fees AND Order on Motion for Extension of Time to File AND Telephone Conference AND Pre Motion Conference

Minute Order for telephone conferenceheld before Judge Kiyo A. Matsumoto:terminating 15 Motion for Default Judgment; terminating 15 Motion for Attorney Fees; finding as moot 18 Motion for Extension of Time to Answer ; finding as moot 18 Motion to Vacate ; terminating 23 Motion for Extension of Time to File. Richard Luthmann, Esq. appeared for plaintiff; Andrew Hoffman, Esq. appeared for defendants John Gulino and the Democratic Committee of Richmond County (the "Gulino Defendants"); and Assistant Corporation Counsel Stephen Kitzinger appeared for defendant Board of Elections. Plaintiff agreed to extend, nunc pro tunc, the Board of Elections' time to respond to the complaint from August 5, 2015 to August 12, 2015, the day that the Board of Elections filed its premotion conference letter (ECF No. 19 ). In light of plaintiff's agreement, the entry of default against the Board of Elections (ECF No. 14 ) is vacated and plaintiff's motion for default judgment against the Board of Elections (ECF No. 15 ) is deemed withdrawn. The Gulino Defendants' representation during the telephone conference that they intend to move to dismiss the complaint is deemed a response to the complaint in advance of the Gulino Defendants' 9/15/15 deadline to answer (see Electronic Order to Answer dated 7/31/15). Accordingly, the Gulino Defendants' application for an extension of time to respond to the complaint until 9/25/15 (ECF No. 23 ) is terminated. The court ordered the parties to file via ECF a joint letter setting forth a proposed global briefing schedule for the Gulino Defendants' and the Board of Elections' anticipated motions to dismiss no later than 9/11/15. (Alagesan, Deepa)

Letter setting forth proposed briefing schedule for defendants' motions to dismiss the complaint as agreed upon by all parties by Board of Elections In the City of New York (Kitzinger, Stephen) (Entered: 09/11/2015)

Scheduling Order

ORDER re 24 Letter filed by Board of Elections In the City of New York. The court adopts the briefing schedule set forth by the parties in their 9/11/15 letter: Defendants shall serve their motions by October 15, 2015. Plaintiff shall serve his oppositions by November 16, 2015. Defendants shall serve their replies, if any, and the fully briefed motions shall be filed on ECF on December 2, 2015. The parties are reminded to provide chambers with two courtesy copies of all motion papers. Ordered by Judge Kiyo A. Matsumoto on 9/14/2015. (Alagesan, Deepa)

Letter to Court doucumenting reasonable excuse for delay from Court-Ordered motion schedule by Lawrence E Gilder (Attachments: # 1 Exhibit COLUMBO CRIME FAMILY MAFIOSO JOE GALLO, # 2 Exhibit PUBLIC FACEBOOK EXCHANGE WHERE LORENZO GALLO INDICTMENT WAS PUBLICIZED, # 3 Exhibit LORENZO GALLO INDICTMENT) (Luthmann, Richard) (Entered: 11/20/2015)

Letter in Opposition by Democratic Committee of Richmond County, John P. Gulino (Attachments: # 1 Exhibit Kitzinger Email, # 2 Exhibit 11/7/2015 FB Screenshot, # 3 Exhibit 11/8/2015 FB Screenshot, # 4 Exhibit 11/11/2015 FB Screenshot, # 5 Exhibit 11/12/2015 FB Screenshot, # 6 Exhibit 11/13/2015 FB Screenshot, # 7 Exhibit 11/19/2015 FB Screenshot, # 8 Exhibit 11/5/2015 Grievance, # 9 Exhibit 11/16/2015 Recusal Package) (Hoffman, Andrew) (Entered: 11/23/2015)

Scheduling Order

ORDER: re 25 Plaintiff's letter to court documenting reasonable excuse for delay from Court-ordered motion schedule. The court ordered plaintiff to serve his opposition to defendant's motion to dismiss no later than November 16, 2015. See 9/14/15 Order. Plaintiff's counsel failed to do so and instead belatedly sent the court a letter 25 explaining his reasons for the delay. The court will construe plaintiff counsel's 11/20/15 letter as a motion for an extension of time to serve plaintiff's opposition to defendants' motion to dismiss. The motion for additional time is granted, and it is hereby ORDERED that: plaintiff shall serve his opposition brief no later than November 30, 2015; defendants shall serve their reply, if any, and file the fully briefed motion on ECF by December 16, 2015. It is further ORDERED that no later November 30, 2015, plaintiff's counsel shall file under seal, for the court's in camera review, records evidencing plaintiff counsel's treatment for the "emotional distress and anxiety" discussed in his 11/20/15 letter that prevented him from timely filing plaintiff's opposition brief. If by November 30, 2015 plaintiff's counsel fails to: (1) serve plaintiff's opposition to the motion to dismiss and/or (2) file under seal records evidencing the medical treatment described in his 11/20/15 letter, the court will order plaintiff's counsel, Richard Luthmann, Esq., to show cause why he should continue to represent plaintiff in this matter. Ordered by Judge Kiyo A. Matsumoto on 11/23/2015. (McNulty, John)

Letter Supplemental Submission from Dr. Carmen Natali by Lawrence E Gilder (Luthmann, Richard) (Entered: 11/30/2015)

Motion to Dismiss for Failure to State a Claim by Board of Elections In the City of New York. (Kitzinger, Stephen) (Entered: 12/15/2015)

AFFIDAVIT/DECLARATION in Support re 29 Motion to Dismiss for Failure to State a Claim filed by Board of Elections In the City of New York. (Kitzinger, Stephen) (Entered: 12/15/2015)

MEMORANDUM in Support re 29 Motion to Dismiss for Failure to State a Claim filed by Board of Elections In the City of New York. (Kitzinger, Stephen) (Entered: 12/15/2015)

REPLY in Support re 29 Motion to Dismiss for Failure to State a Claim filed by Board of Elections In the City of New York. (Kitzinger, Stephen) (Entered: 12/15/2015)

Letter specifying each filing in support of the Board's motion to dismiss the Complaint by Board of Elections In the City of New York (Kitzinger, Stephen) (Entered: 12/15/2015)

MEMORANDUM in Opposition re 29 Motion to Dismiss for Failure to State a Claim Memorandum of Law filed by Lawrence E Gilder. (Luthmann, Richard) (Entered: 12/15/2015)

AFFIDAVIT/DECLARATION in Opposition re 29 Motion to Dismiss for Failure to State a Claim BY RICHARD A. LUTHMANN filed by Lawrence E Gilder. (Attachments: # 1 Exhibit NYCBOE WEBSITE, # 2 Exhibit SI ADVANCE ARTICLE 1-12-15, # 3 Exhibit JOHN GULINO INTERVIEW ON NY-1 NEWS 1-16-2015, # 4 Exhibit SI ADVANCE ARTICLE 1-19-2015, # 5 Exhibit CRAIN"S ARTICLE 2-10-2014, # 6 Exhibit NYC Campaign Finance Board Records, # 7 Exhibit NYC BOE POLICIES AND PROCEDURES, # 8 Exhibit CERTIFICATION OF CANDIDATE, # 9 Exhibit CONGRESSIONAL RESEARCH SERVICE, # 10 Exhibit US HOUSE OF REPRESENTATIVES WEBSITE, # 11 Exhibit NY TIMES ARTICLE 11-4-2009, # 12 Exhibit WASHINGTON POST ARTICLE 12-7-2014) (Luthmann, Richard) (Entered: 12/15/2015)

1 Exhibit NYCBOE WEBSITE

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2 Exhibit SI ADVANCE ARTICLE 1-12-15

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3 Exhibit JOHN GULINO INTERVIEW ON NY-1 NEWS 1-16-2015

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4 Exhibit SI ADVANCE ARTICLE 1-19-2015

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5 Exhibit CRAIN"S ARTICLE 2-10-2014

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6 Exhibit NYC Campaign Finance Board Records

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7 Exhibit NYC BOE POLICIES AND PROCEDURES

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8 Exhibit CERTIFICATION OF CANDIDATE

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9 Exhibit CONGRESSIONAL RESEARCH SERVICE

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10 Exhibit US HOUSE OF REPRESENTATIVES WEBSITE

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11 Exhibit NY TIMES ARTICLE 11-4-2009

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12 Exhibit WASHINGTON POST ARTICLE 12-7-2014

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First Motion to Dismiss for Failure to State a Claim by Democratic Committee of Richmond County, John P. Gulino. (Hoffman, Andrew) (Entered: 12/16/2015)

AFFIDAVIT/AFFIRMATION In Support by Democratic Committee of Richmond County, John P. Gulino (Hoffman, Andrew) (Entered: 12/16/2015)

MEMORANDUM in Support of Motion to Dismiss filed by Democratic Committee of Richmond County, John P. Gulino. (Attachments: # 1 Exhibit By-Laws for the Democratic Committee, # 2 Exhibit Complaint) (Hoffman, Andrew) (Entered: 12/16/2015)

1 Exhibit By-Laws for the Democratic Committee

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2 Exhibit Complaint

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Letter by Democratic Committee of Richmond County, John P. Gulino (Hoffman, Andrew) (Entered: 12/16/2015)

REPLY in Support of Motion to Dismiss filed by Democratic Committee of Richmond County, John P. Gulino. (Hoffman, Andrew) (Entered: 12/16/2015)

Letter by Democratic Committee of Richmond County, John P. Gulino (Hoffman, Andrew) (Entered: 12/16/2015)

Letter inquiring as to status of pending motions and requesting telephonic conference by Lawrence E Gilder (Attachments: # 1 Exhibit Cited News Article on NYCBOE Investigations) (Luthmann, Richard) (Entered: 05/12/2016)

Letter by Lawrence E Gilder (Luthmann, Richard) (Entered: 07/21/2016)

ORDER granting 29 Motion to Dismiss for Failure to State a Claim; granting 36 Motion to Dismiss for Failure to State a Claim. For the reasons set forth in the attached Memorandum and Order, defendants' motions to dismiss are granted. Because the court dismisses all federal claims in this action with prejudice, the court declines to exercise supplemental jurisdiction over any remaining state law claims. The Clerk of Court is respectfully directed to enter judgment in favor of defendants and close this case. Ordered by Judge Kiyo A. Matsumoto on 9/30/2016. (McNulty, John) (Entered: 09/30/2016)

CLERK'S JUDGMENT in favor of Board of Elections In the City of New York, Clerk 1, Clerk 2 and Clerk 3, Democratic Committee of Richmond County, John P. Gulino against Lawrence E Gilder. ORDERED and ADJUDGED that Defendants' motions to dismiss are granted; that because the Court dismisses all federal claims in this action with prejudice, the Court declines to exercise supplemental jurisdiction over an remaining state law claims; and that judgment is hereby entered in favor of Defendants and against Plaintiff. Signed by Clerk of Court, Douglas C. Palmer, by B. Mahoney, Chief Deputy on 9/30/2016. (Layne, Monique) (Entered: 10/03/2016)

NOTICE OF APPEAL as to 44 Order on Motion to Dismiss for Failure to State a Claim,,,,, by Lawrence E Gilder. Filing fee $ 505, receipt number 0207-8963604. Appeal Record due by 10/31/2016. (Attachments: # 1 Exhibit Memorandum & Order appealed from) (Luthmann, Richard) (Entered: 10/04/2016)

1 Exhibit Memorandum & Order appealed from

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Electronic Index to Record on Appeal

Electronic Index to Record on Appeal sent to US Court of Appeals. 46 Notice of Appeal, Documents are available via Pacer. For docket entries without a hyperlink or for documents under seal, contact the court and we'll arrange for the document(s) to be made available to you. (McGee, Mary Ann)

MANDATE of USCA as to 46 Notice of Appeal, filed by Lawrence E Gilder. IT IS ORDERED that the appeal is dismissed effective November 3, 2016 for failure to file Appellant's Form C and Form D by that date. Issued as Mandate: 12/13/16. USCA #16-3377. (McGee, Mary Ann) (Entered: 12/13/2016)

NOTICE of Appearance by Richard Marc Langweber on behalf of Democratic Committee of Richmond County, John P. Gulino (aty to be noticed) (Langweber, Richard) (Entered: 01/05/2017)

Letter by Democratic Committee of Richmond County, John P. Gulino (Attachments: # 1 Exhibit Exhibits) (Langweber, Richard) (Entered: 01/05/2017)

1 Exhibit Exhibits

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Order(Other)

ORDER re 45 Clerk's Judgment entered 9/30/16, 46 Notice of Appeal, filed by Lawrence E Gilder 10/4/16, 47 USCA Mandate dated 12/13/16 dismissing appeal, 48 Notice of Appearance dated 1/5/17, filed by Democratic Committee of Richmond County, and John P. Gulino ("defendants"), 49 Letter dated 12/15/16, but filed on 1/5/17 by counsel for defendants Democratic Committee of Richmond County, and John P. Gulino, requesting a pre-motion conference to move for Rule 11 sanctions against plaintiff's counsel, Richard Luthman, Esq. The court respectfully denies defendants' request for a pre-motion conference to move against plaintiff's counsel, Richard Luthman, Esq., pursuant to Rule 11. Rule 11 sanctions are available when a submission to the court is made for the improper purpose of harassing, causing unnecessary delay or needlessly increasing the costs of litigation, or is without basis in fact or law. In support of his proposed Rule 11 motion, Mr. Gulino cites the complaint and asserts that he requested Mr. Luthman to withdraw the complaint by letter dated 11/15/15. Nearly a year later, this court granted defendants' motion to dismiss the complaint with prejudice pursuant to Rule 12(b)(6), and entered judgment in favor of the defendants on 9/30/16. The court's Memorandum and Order did not find that the allegations in the complaint were unsupported by evidence or law, or were made for the improper purposes of harassment, delay or needlessly increasing the cost of litigation. To the extent that Mr. Gulino's 1/5/17 letter also recites a historical litany of allegedly harassing social media posts by plaintiff's counsel (and not the plaintiff) that were directed at Mr. Gulino, the social media posts are not contained in submissions to the court. This court is not the appropriate forum for seeking sanctions for perceived slights and insults that were not presented in submissions to the court. Ordered by Judge Kiyo A. Matsumoto on 1/6/2017. (Matsumoto, Kiyo)