Case: Hernandez v. New York State Board of Elections

Hernandez v. The New York State Board of Elections

COVID-Related Election Litigation Tracker

COMPLAINT against Robert A. Brehm, Douglas A. Kellner, Peter S. Kosinski, Andrew Spano, The New York State Board of Elections, Todd D. Valentine. (Filing Fee $ 400.00, Receipt Number ANYSDC-19943781)Document filed by American Council of the Blind of New York, Inc., Rasheda Bunting, Center for Independence of the Disabled, New York, Keith Gurgui, Karen Luxton Gourgey, Disability Rights New York, Jose Hernandez, National Federation of the Blind of New York State, Inc...(Pearlstein, Amanda) (Entered: 05/22/2020)

CIVIL COVER SHEET filed..(Pearlstein, Amanda) (Entered: 05/22/2020)

PROPOSED ORDER TO SHOW CAUSE WITH EMERGENCY RELIEF. Document filed by American Council of the Blind of New York, Inc., Rasheda Bunting, Center for Independence of the Disabled, New York, Disability Rights New York, Keith Gurgui, Jose Hernandez, Karen Luxton Gourgey, National Federation of the Blind of New York State, Inc.. Related Document Number: 1 ..(Pearlstein, Amanda) Proposed Order to Show Cause to be reviewed by Clerk's Office staff. (Entered: 05/22/2020)

FILING ERROR - DEFICIENT SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to THE NEW YORK STATE BOARD OF ELECTIONS, DOUGLAS A. KELLNER, Co-Chair and Commissioner, ANDREW SPANO, Commissioner, PETER S. KOSINSKI, Co-Chair and Commissioner, TODD D. VALENTINE, Co-Executive Director, and ROBERT A. BREHM, Co-Executive Director, in their official capacities at the New York State Board of Elections, re: 1 Complaint,. Document filed by American Council of the Blind of New York, Inc., Rasheda Bunting, Center for Independence of the Disabled, New York, Disability Rights New York, Keith Gurgui, Jose Hernandez, Karen Luxton Gourgey, National Federation of the Blind of New York State, Inc.. (Attachments: # 1 Summons, # 2 Summons, # 3 Summons, # 4 Summons, # 5 Summons).(Pearlstein, Amanda) Modified on 5/22/2020 (pne). (Entered: 05/22/2020)

NOTICE OF APPEARANCE by Amanda Brooke Pearlstein on behalf of American Council of the Blind of New York, Inc., Rasheda Bunting, Center for Independence of the Disabled, New York, Disability Rights New York, Keith Gurgui, Jose Hernandez, Karen Luxton Gourgey, National Federation of the Blind of New York State, Inc...(Pearlstein, Amanda) (Entered: 05/22/2020)

CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Lewis J. Liman. Please download and review the Individual Practices of the assigned District Judge, located at https://nysd.uscourts.gov/judges/district-judges. 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 https://nysd.uscourts.gov/rules/ecf-related-instructions..(pne)

NOTICE OF APPEARANCE by Amanda Brooke Pearlstein on behalf of American Council of the Blind of New York, Inc., Rasheda Bunting, Center for Independence of the Disabled, New York, Disability Rights New York, Keith Gurgui, Jose Hernandez, Karen Luxton Gourgey, National Federation of the Blind of New York State, Inc...(Pearlstein, Amanda) (Entered: 05/22/2020)

Magistrate Judge Debra C. Freeman 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: https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (pne)

Case Designated ECF. (pne)

NOTICE OF APPEARANCE by Amanda Brooke Pearlstein on behalf of American Council of the Blind of New York, Inc., Rasheda Bunting, Center for Independence of the Disabled, New York, Disability Rights New York, Keith Gurgui, Jose Hernandez, Karen Luxton Gourgey, National Federation of the Blind of New York State, Inc...(Pearlstein, Amanda) (Entered: 05/22/2020)

***NOTICE TO COURT REGARDING PROPOSED TEMPORARY RESTRAINING ORDER. Document No. 3 Proposed Order to Show Cause With Emergency Relief, was reviewed and approved as to form. (ad)

***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Amanda Brooke Pearlstein. The party information for the following party/parties has been modified: Rasheta Bunting, Douglas A. Kellner, Andrew Spano, Peter S. Kosinski, Todd D. Valentine, Robert A. Brehm. The information for the party/parties has been modified for the following reason/reasons: party name contained a typographical error; party text was omitted. (pne)

***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Amanda Brooke Pearlstein to RE-FILE Document No. 4 Request for Issuance of Summons. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the issuance of summons is not correct; summons requests should not be filed as attachments; each summons request must be filed separately, or you can file a single summons with a rider/addendum attached listing the names and addresses of the defendants. Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the corrected summons form PDF. (pne)

MOTION for Preliminary Injunction . Document filed by American Council of the Blind of New York, Inc., Rasheda Bunting, Center for Independence of the Disabled, New York, Disability Rights New York, Keith Gurgui, Jose Hernandez, Karen Luxton Gourgey, National Federation of the Blind of New York State, Inc.. (Attachments: # 1 Memorandum of Law, # 2 Affidavit Asbee Declaration, # 3 Affidavit Hernandez Declaration, # 4 Affidavit Gurgui Declaration, # 5 Affidavit Luxton Gourgey Declaration, # 6 Affidavit Wayne Declaration, # 7 Affidavit Dennis Declaration, # 8 Affidavit Blake Declaration, # 9 Exhibit, # 10 Unreported Case, # 11 Unreported Case).(Pearlstein, Amanda) (Entered: 05/22/2020)

1 Memorandum of Law

View on PACER

2 Affidavit Asbee Declaration

View on PACER

3 Affidavit Hernandez Declaration

View on PACER

4 Affidavit Gurgui Declaration

View on PACER

5 Affidavit Luxton Gourgey Declaration

View on PACER

6 Affidavit Wayne Declaration

View on PACER

7 Affidavit Dennis Declaration

View on PACER

8 Affidavit Blake Declaration

View on PACER

9 Exhibit

View on PACER

10 Unreported Case

View on PACER

11 Unreported Case

View on PACER

ORDER: IT IS HEREBY ORDERED that a telephonic conference shall convene at 4:30 p.m. today in this matter. Parties are directed to call (888) 251-2909 and use access code 2123101. Plaintiffs are directed to notify Defendants of this order. SO ORDERED. ( Telephone Conference set for 5/22/2020 at 04:30 PM before Judge Lewis J. Liman.) (Signed by Judge Lewis J. Liman on 5/22/2020) (va) (Entered: 05/22/2020)

AFFIDAVIT of Rasheta Bunting in Support re: 8 MOTION for Preliminary Injunction .. Document filed by American Council of the Blind of New York, Inc., Center for Independence of the Disabled, New York, Disability Rights New York, Keith Gurgui, Jose Hernandez, Karen Luxton Gourgey, National Federation of the Blind of New York State, Inc...(Pearlstein, Amanda) (Entered: 05/22/2020)

Minute Entry for proceedings held before Judge Lewis J. Liman: Telephone Conference held on 5/22/2020. Amanda Pearlstein, Christina Asbee, Christina Drandt-Young, and Eve Hill present by telephone for Plaintiffs. Seth Farber and James Cooney present by telephone for Defendants. Court reporter present by telephone. The Court held a conference addressing the Plaintiff's Motion for a Preliminary Injunction (Docket #8). Telephonic Oral Argument set for 5/29/2020 at 10:00AM before Judge Lewis J. Liman. Parties are directed to call (888) 251-2909 and use access code 2123101. This line will be open to the public and those interested can use the same dial-in instructions. (mf)

Case Opening Initial Assignment Notice

Notice to Court Regarding Proposed Order

Notice to Attorney Regarding Party Modification

Notice to Attorney Regarding Deficient Request for Issuance of Summons

REQUEST FOR ISSUANCE OF SUMMONS as to Robert A. Brehm, re: 1 Complaint,. Document filed by American Council of the Blind of New York, Inc., Rasheta Bunting, Center for Independence of the Disabled, New York, Disability Rights New York, Keith Gurgui, Jose Hernandez, Karen Luxton Gourgey, National Federation of the Blind of New York State, Inc...(Pearlstein, Amanda) (Entered: 05/24/2020)

REQUEST FOR ISSUANCE OF SUMMONS as to Douglas A. Kellner, re: 1 Complaint,. Document filed by American Council of the Blind of New York, Inc., Rasheta Bunting, Center for Independence of the Disabled, New York, Disability Rights New York, Keith Gurgui, Jose Hernandez, Karen Luxton Gourgey, National Federation of the Blind of New York State, Inc...(Pearlstein, Amanda) (Entered: 05/24/2020)

REQUEST FOR ISSUANCE OF SUMMONS as to Peter S. Kosinski, re: 1 Complaint,. Document filed by American Council of the Blind of New York, Inc., Rasheta Bunting, Center for Independence of the Disabled, New York, Disability Rights New York, Keith Gurgui, Jose Hernandez, Karen Luxton Gourgey, National Federation of the Blind of New York State, Inc...(Pearlstein, Amanda) (Entered: 05/24/2020)

REQUEST FOR ISSUANCE OF SUMMONS as to Andrew Spano, re: 1 Complaint,. Document filed by American Council of the Blind of New York, Inc., Rasheta Bunting, Center for Independence of the Disabled, New York, Disability Rights New York, Keith Gurgui, Jose Hernandez, Karen Luxton Gourgey, National Federation of the Blind of New York State, Inc...(Pearlstein, Amanda) (Entered: 05/24/2020)

REQUEST FOR ISSUANCE OF SUMMONS as to Todd D. Valentine, re: 1 Complaint,. Document filed by American Council of the Blind of New York, Inc., Rasheta Bunting, Center for Independence of the Disabled, New York, Disability Rights New York, Keith Gurgui, Jose Hernandez, Karen Luxton Gourgey, National Federation of the Blind of New York State, Inc...(Pearlstein, Amanda) (Entered: 05/24/2020)

REQUEST FOR ISSUANCE OF SUMMONS as to The New York State Board of Elections, re: 1 Complaint,. Document filed by American Council of the Blind of New York, Inc., Rasheta Bunting, Center for Independence of the Disabled, New York, Disability Rights New York, Keith Gurgui, Jose Hernandez, Karen Luxton Gourgey, National Federation of the Blind of New York State, Inc...(Pearlstein, Amanda) (Entered: 05/24/2020)

TRANSCRIPT REQUEST for a Telephone Conference proceeding held on May 22, 2020 before Judge Lewis J. Liman. Document filed by American Council of the Blind of New York, Inc., Rasheta Bunting, Center for Independence of the Disabled, New York, Disability Rights New York, Keith Gurgui, Jose Hernandez, Karen Luxton Gourgey, National Federation of the Blind of New York State, Inc...(Pearlstein, Amanda) (Entered: 05/24/2020)

***STRICKEN DOCUMENT. Deleted document number 17 from the case record. The document was stricken from this case pursuant to Order. (tro)

ELECTRONIC SUMMONS ISSUED as to New York State Board of Elections..(pne) (Entered: 05/26/2020)

ELECTRONIC SUMMONS ISSUED as to Todd D. Valentine..(pne) (Entered: 05/26/2020)

ELECTRONIC SUMMONS ISSUED as to Andrew Spano..(pne) (Entered: 05/26/2020)

ELECTRONIC SUMMONS ISSUED as to Peter S. Kosinski..(pne) (Entered: 05/26/2020)

ELECTRONIC SUMMONS ISSUED as to Douglas A. Kellner..(pne) (Entered: 05/26/2020)

ELECTRONIC SUMMONS ISSUED as to Robert A. Brehm..(pne) (Entered: 05/26/2020)

ORDER: As discussed at the telephonic conference held on May 22, 2020, the following is HEREBY ORDERED: 1. Defendants shall file a response to the Motion for Preliminary Injunction (Dkt. No. 8) no later than 9:00 a.m. on May 27, 2020. 2. Plaintiffs shall file a reply no later than 8:00 p.m. on May 28, 2020. 3. The parties shall appear for a preliminary injunction hearing at 10:00 a.m. on May 29, 2020. The hearing will take place telephonically. Parties are directed to call (888) 251-2909 and use access code 2123101. SO ORDERED. (Signed by Judge Lewis J. Liman on 5/26/2020) ( Responses due by 5/27/2020, Replies due by 5/28/2020., Telephone Conference set for 5/29/2020 at 10:00 AM before Judge Lewis J. Liman.) (ks) (Entered: 05/26/2020)

DECLARATION of Thomas Connolly in Opposition re: 8 MOTION for Preliminary Injunction .. Document filed by Robert A. Brehm, Douglas A. Kellner, Peter S. Kosinski, New York State Board of Elections, Andrew Spano, Todd D. Valentine. (Attachments: # 1 Exhibit Ex A - Sample ballots, # 2 Exhibit Ex B - Draft BOE Resolution, # 3 Exhibit Ex C - Memo re Election Security).(Farber, Seth) (Entered: 05/27/2020)

MEMORANDUM OF LAW in Opposition re: 8 MOTION for Preliminary Injunction . . Document filed by Robert A. Brehm, Douglas A. Kellner, Peter S. Kosinski, New York State Board of Elections, Andrew Spano, Todd D. Valentine..(Farber, Seth) (Entered: 05/27/2020)

LETTER addressed to Judge Lewis J. Liman from Seth J. Farber dated May 27, 2020 re: Hernandez v. N.Y.S. Bd. of Elections; Bd. of Elections Resolution. Document filed by Robert A. Brehm, Douglas A. Kellner, Peter S. Kosinski, New York State Board of Elections, Andrew Spano, Todd D. Valentine..(Farber, Seth) (Entered: 05/27/2020)

ACKNOWLEDGMENT OF SERVICE of Summons, Complaint, OSC, TRO/PI, Motion and Memorandum served on THE NEW YORK STATE BOARD OF ELECTIONS, DOUGLAS A. KELLNER, Co-Chair and Commissioner, ANDREW SPANO, Commissioner, PETER S. KOSINSKI, Co-Chair and Commissioner, TODD D. VALENTINE, Co-Executive Director, and ROBERT A. BREHM, Co-Executive Director, in their official capacities at the New York State Board of Elections on 5/27/2020. Document filed by American Council of the Blind of New York, Inc., Rasheta Bunting, Center for Independence of the Disabled, New York, Disability Rights New York, Keith Gurgui, Jose Hernandez, Karen Luxton Gourgey, National Federation of the Blind of New York State, Inc.. (Attachments: # 1 Exhibit Email Correspondence Re: Service of Process).(Pearlstein, Amanda) (Entered: 05/27/2020)

ORDER: IT IS HEREBY ORDERED that Plaintiffs shall file a letter no later than 9:00 a.m. tomorrow (May 28, 2020) advising whether the Resolution moots the request for preliminary injunctive relief and/or otherwise affects any claim asserted in the Complaint (Dkt. No. 1) or Motion for Preliminary Injunction (Dkt. No. 8). SO ORDERED. (Signed by Judge Lewis J. Liman on 5/27/2020) (va) (Entered: 05/27/2020)

LETTER addressed to Judge Lewis J. Liman from Amanda B. Pearlstein dated May 28, 2020 re: Hernandez et al. v. New York State Board of Elections et al., Docket No. 20-cv-4003. Document filed by American Council of the Blind of New York, Inc., Rasheta Bunting, Center for Independence of the Disabled, New York, Disability Rights New York, Keith Gurgui, Jose Hernandez, Karen Luxton Gourgey, National Federation of the Blind of New York State, Inc...(Pearlstein, Amanda) (Entered: 05/28/2020)

ORDER: The Court is in receipt of Plaintiffs' letter (Dkt. No. 30), which advises that the Resolution passed yesterday does not moot Plaintiffs' request for injunctive relief. The parties are HEREBY ORDERED to meet and confer regarding implementation of the Resolution and to advise the Court of the results of that meet-and-confer no later than 9:00 a.m. tomorrow (May 29, 2020). SO ORDERED. (Signed by Judge Lewis J. Liman on 5/28/2020) (va) (Entered: 05/28/2020)

TRANSCRIPT of Proceedings re: conference held on 5/22/2020 before Judge Lewis J. Liman. Court Reporter/Transcriber: Khristine Sellin, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 6/18/2020. Redacted Transcript Deadline set for 6/29/2020. Release of Transcript Restriction set for 8/26/2020..(McGuirk, Kelly) (Entered: 05/28/2020)

NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 5/22/2020 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days....(McGuirk, Kelly) (Entered: 05/28/2020)

JOINT LETTER addressed to Judge Lewis J. Liman from Seth J. Farber dated May 28, 2020 re: Hernandez v. N.Y.S. Board of Elections, Joint Letter Reporting on Meet and Confer telephone conference. Document filed by Robert A. Brehm, Douglas A. Kellner, Peter S. Kosinski, New York State Board of Elections, Andrew Spano, Todd D. Valentine..(Farber, Seth) (Entered: 05/28/2020)

REPLY MEMORANDUM OF LAW in Support re: 8 MOTION for Preliminary Injunction . . Document filed by American Council of the Blind of New York, Inc., Rasheta Bunting, Center for Independence of the Disabled, New York, Disability Rights New York, Keith Gurgui, Jose Hernandez, Karen Luxton Gourgey, National Federation of the Blind of New York State, Inc...(Pearlstein, Amanda) (Entered: 05/28/2020)

ORDER: As discussed at the hearing held today, the following is HEREBY ORDERED: 1. The parties shall meet and confer today. 2. No later than 5:00 p.m. on June 3, 2020, the parties shall submit either a consent decree or a status letter advising the Court that a consent decree was unable to be reached and identifying the areas of remaining disagreement. 3. A conference is SET for June 4, 2020 at 4:00 p.m. It will proceed telephonically. Parties are directed to call (888) 251-2909 and use access code 2123101. SO ORDERED. ( Telephone Conference set for 6/4/2020 at 04:00 PM before Judge Lewis J. Liman.) (Signed by Judge Lewis J. Liman on 5/29/2020) (va) (Entered: 05/29/2020)

ORDER: The Clerk of Court is directed to remove in its entirety Docket #17 Transcript Request from the docket. So Ordered. (HEREBY ORDERED by Judge Lewis J. Liman) (Text Only Order) (mf)

Minute Entry for proceedings held before Judge Lewis J. Liman: Telephone Conference held on 5/29/2020. Oral Argument held in re: Docket #8 MOTION for Preliminary Injunction. Document filed by American Council of the Blind of New York, Inc., Rasheda Bunting, Center for Independence of the Disabled, New York, Disability Rights New York, Keith Gurgui, Jose Hernandez, Karen Luxton Gourgey, National Federation of the Blind of New York State, Inc. Amanda Pearlstein, Christina Asbee, Christina Drandt-Young, and Eve Hill present by telephone for Plaintiffs. Seth Farber present by telephone for Defendants. Court reporter present by telephone. The Court heard arguments from Plaintiffs and Defendants. Decision reserved by the Court. (mf)

Order

Note Regarding Stricken Document

PROPOSED STIPULATION AND ORDER. Document filed by Robert A. Brehm, Douglas A. Kellner, Peter S. Kosinski, New York State Board of Elections, Andrew Spano, Todd D. Valentine..(Farber, Seth) (Entered: 06/02/2020)

STIPULATION OF SETTLEMENT AND ORDER FOR THE WITHDRAWAL OF THE MOTION FOR TEMPORARY RESTRAINING ORDER AND PRELIMINARY INJUNCTION: WHEREAS, Plaintiffs filed a Complaint dated May 22, 2020, alleging that Defendants' Absentee Voting program is inaccessible to individuals with disabilities and therefore in violation of the Americans with Disabilities Act (ADA), 42 U.S.C. ยง 12101 et seq., and Section 504 of the Rehabilitation Act of 1973 (Section 504), 29 U.S.C. ยง 794 (Dkt. 1); and WHEREAS on May 27, 2020, Defendant New York State Board of Elections ("NYSBOE") adopted a number of measures toward improving access to absentee ballots including but not limited to providing an accessible request form and instructions on its website and providing directions to county boards of election concerning accessible absentee ballots; WHEREAS, the parties are interested in resolving the issues raised in Plaintiffs' Motion for Preliminary Injunction and Temporary Restraining Order ("PI/TRO Motion") regarding the June 23, 2020 Elections (Dkt. 8), and have negotiated in good faith for that purpose; and WHEREAS, the parties intend to resolve matters addressed in the PI/TRO Motion, exclusively; and WHEREAS, nothing in this Stipulation shall be deemed an admission by either party and the parties further agree that this Stipulation is without precedential value, and without prejudice to the assertion of any claims, arguments, contentions and defenses whether or not otherwise alleged in the Complaint; and WHEREAS, none of the parties is an infant or incompetent person; IT IS HEREBY STIPULATED AND AGREED, by and between the parties and their respective counsel as followed: (As further set forth further herein this Stipulation.) SO ORDERED: IT IS FURTHER ORDERED that the conference previously set for June 4, 2020 is CANCELLED. (Signed by Judge Lewis J. Liman on 6/2/2020) (va) (Entered: 06/03/2020)

NOTICE OF APPEARANCE by Seth Jonathan Farber on behalf of Robert A. Brehm, Douglas A. Kellner, Peter S. Kosinski, New York State Board of Elections, Andrew Spano, Todd D. Valentine..(Farber, Seth) (Entered: 06/03/2020)

FILING ERROR - DEFICIENT PRO HAC VICE MOTION - MOTION for Eve Hill to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-20275495. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by American Council of the Blind of New York, Inc., Rasheta Bunting, Center for Independence of the Disabled, New York, Disability Rights New York, Keith Gurgui, Jose Hernandez, Karen Luxton Gourgey, National Federation of the Blind of New York State, Inc.. (Attachments: # 1 Affidavit, # 2 DC Certificate of Good Standing, # 3 MD Certificate of Good Standing, # 4 ME Certificate of Good Standing, # 5 CA Certificate of Good Standing).(Pearlstein, Amanda) Modified on 6/16/2020 (ad). (Entered: 06/16/2020)

>>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. 40 MOTION for Eve Hill to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-20275495. Motion and supporting papers to be reviewed by Clerk's Office staff.. The filing is deficient for the following reason(s): The Certificate of Good Standing must be issued from the California Supreme Court, 350 Mc Allister Street, Room 1295, San Francisco, CA 94102 415-865-7000; The applicants pro hac vice motion must include a sworn statement, i.e. a notarized affidavit;. Re-file the motion as a Corrected Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Proposed Order. (ad)

ANSWER to 1 Complaint,. Document filed by Robert A. Brehm, Douglas A. Kellner, Peter S. Kosinski, New York State Board of Elections, Andrew Spano, Todd D. Valentine..(Farber, Seth) (Entered: 06/16/2020)

Notice Regarding Deficient Motion to Appear Pro Hac Vice

NOTICE OF APPEARANCE by Michelle Anne Caiola on behalf of American Council of the Blind of New York, Inc., Center for Independence of the Disabled, New York, Karen Luxton Gourgey..(Caiola, Michelle) (Entered: 06/17/2020)

NOTICE OF APPEARANCE by Christina Louise Brandt-Young on behalf of American Council of the Blind of New York, Inc., Center for Independence of the Disabled, New York, Karen Luxton Gourgey..(Brandt-Young, Christina) (Entered: 06/17/2020)

MOTION for Eve Hill to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by American Council of the Blind of New York, Inc., Rasheta Bunting, Center for Independence of the Disabled, New York, Disability Rights New York, Keith Gurgui, Jose Hernandez, Karen Luxton Gourgey, National Federation of the Blind of New York State, Inc.. (Attachments: # 1 Affidavit, # 2 Maryland Certificate of Good Standing, # 3 Maine Certificate of Good Standing, # 4 California State Certificate of Good Standing, # 5 California Supreme Court Certificate of Good Standing).(Pearlstein, Amanda) (Entered: 06/25/2020)

>>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. 44 MOTION for Eve Hill to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff... The filing is deficient for the following reason(s): missing Certificate of Good Standing from DC Supreme Court; missing Proposed Order. Re-file the motion as a Corrected Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Proposed Order. (laq)

Notice Regarding Deficient Motion to Appear Pro Hac Vice

MOTION for Eve Lynne Hill to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by American Council of the Blind of New York, Inc., Rasheta Bunting, Center for Independence of the Disabled, New York, Disability Rights New York, Keith Gurgui, Jose Hernandez, Karen Luxton Gourgey, National Federation of the Blind of New York State, Inc.. (Attachments: # 1 Text of Proposed Order, # 2 Affidavit, # 3 California State Certificate of Good Standing, # 4 California Supreme Court Certificate of Good Standing, # 5 Maine Certificate of Good Standing, # 6 Maryland Certificate of Good Standing, # 7 DC Certificate of Good Standing).(Pearlstein, Amanda) (Entered: 06/29/2020)

>>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. 45 MOTION for Eve Lynne Hill to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff... The filing is deficient for the following reason(s): expired Certificate of Good Standing from District of Columbia, Maine and Maryland;. Re-file the motion as a Corrected Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Proposed Order.. (laq)

Notice Regarding Deficient Motion to Appear Pro Hac Vice

MOTION for Eve Lynne Hill to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by American Council of the Blind of New York, Inc., Rasheta Bunting, Center for Independence of the Disabled, New York, Disability Rights New York, Keith Gurgui, Jose Hernandez, Karen Luxton Gourgey, National Federation of the Blind of New York State, Inc.. (Attachments: # 1 Affidavit, # 2 Text of Proposed Order, # 3 California Supreme Court Certificate of Good Standing, # 4 California State Certificate of Good Standing, # 5 DC Certificate of Good Standing, # 6 Maryland Certificate of Good Standing, # 7 Maine Certificate of Good Standing).(Pearlstein, Amanda) (Entered: 06/30/2020)

>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 46 MOTION for Eve Lynne Hill to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (ad)

Notice Regarding Pro Hac Vice Motion

ORDER granting 46 Motion for Eve Lynne Hill to Appear Pro Hac Vice (HEREBY ORDERED by Judge Lewis J. Liman)(Text Only Order) (MM) (Entered: 07/02/2020)

ORDER denying as moot 44 Motion for Eve Lynne Hill to Appear Pro Hac Vice (see Dkt. No. 47) (HEREBY ORDERED by Judge Lewis J. Liman)(Text Only Order) (MM) (Entered: 07/02/2020)

Order on Motion to Appear Pro Hac Vice

LETTER MOTION to Expedite addressed to Judge Lewis J. Liman from Amanda B. Pearlstein dated July 9, 2020. Document filed by American Council of the Blind of New York, Inc., Rasheta Bunting, Center for Independence of the Disabled, New York, Disability Rights New York, Keith Gurgui, Jose Hernandez, Karen Luxton Gourgey, National Federation of the Blind of New York State, Inc...(Pearlstein, Amanda) (Entered: 07/09/2020)

ORDER granting 49 LETTER MOTION to Expedite addressed to Judge Lewis J. Liman from Amanda B. Pearlstein dated July 9, 2020. Document filed by American Council of the Blind of New York, Inc., Rasheta Bunting, et al. Application GRANTED. A telephonic preliminary injunction hearing is SET for August 11, 2020 at 12:00 p.m. The parties are directed to call (888) 251-2909 and use access code 2123101. (Signed by Judge Lewis J. Liman on 7/9/2020) (rjm) (Entered: 07/09/2020)

Set/Reset Deadlines: (Motions due by 7/24/2020. Responses due by 8/7/2020). Set/Reset Hearings: (Telephone Conference set for 8/11/2020 at 12:00 AM before Judge Lewis J. Liman.) (rjm)

NOTICE OF APPEARANCE by Eve L Hill on behalf of American Council of the Blind of New York, Inc., Rasheta Bunting, Center for Independence of the Disabled, New York, Disability Rights New York, Keith Gurgui, Jose Hernandez, Karen Luxton Gourgey, National Federation of the Blind of New York State, Inc...(Hill, Eve) (Entered: 07/10/2020)

FILING ERROR - DEFICIENT DOCKET ENTRY - SECOND MOTION for Preliminary Injunction . Document filed by American Council of the Blind of New York, Inc., Rasheta Bunting, Center for Independence of the Disabled, New York, Disability Rights New York, Keith Gurgui, Jose Hernandez, Karen Luxton Gourgey, National Federation of the Blind of New York State, Inc.. (Attachments: # 1 Memorandum of Law, # 2 Affidavit Second Gurgui Declaration, # 3 Affidavit Second Hernandez Declaration, # 4 Affidavit Young Declaration, # 5 Affidavit Mayr Declaration, # 6 Affidavit Second Bunting Declaration, # 7 Affidavit Kristic Declaration, # 8 Affidavit Parker Declaration, # 9 Affidavit Second Blake Declaration, # 10 Affidavit Zimnik Declaration, # 11 Affidavit Second Luxton Gourgey Declaration).(Pearlstein, Amanda) Modified on 7/27/2020 (ldi). (Entered: 07/24/2020)

1 Memorandum of Law

View on RECAP

2 Affidavit Second Gurgui Declaration

View on PACER

3 Affidavit Second Hernandez Declaration

View on PACER

4 Affidavit Young Declaration

View on PACER

5 Affidavit Mayr Declaration

View on PACER

6 Affidavit Second Bunting Declaration

View on PACER

7 Affidavit Kristic Declaration

View on PACER

8 Affidavit Parker Declaration

View on PACER

9 Affidavit Second Blake Declaration

View on PACER

10 Affidavit Zimnik Declaration

View on PACER

11 Affidavit Second Luxton Gourgey Declaration

View on PACER

FILING ERROR - DEFICIENT DOCKET ENTRY - AFFIDAVIT of Rasheta Bunting in Support re: 52 SECOND MOTION for Preliminary Injunction .. Document filed by American Council of the Blind of New York, Inc., Rasheta Bunting, Center for Independence of the Disabled, New York, Disability Rights New York, Keith Gurgui, Jose Hernandez, Karen Luxton Gourgey, National Federation of the Blind of New York State, Inc...(Pearlstein, Amanda) Modified on 7/27/2020 (ldi). (Entered: 07/27/2020)

FILING ERROR - DEFICIENT DOCKET ENTRY - AFFIDAVIT of Robin Mayr in Support re: 52 SECOND MOTION for Preliminary Injunction .. Document filed by American Council of the Blind of New York, Inc., Rasheta Bunting, Center for Independence of the Disabled, New York, Disability Rights New York, Keith Gurgui, Jose Hernandez, Karen Luxton Gourgey, National Federation of the Blind of New York State, Inc...(Pearlstein, Amanda) Modified on 7/27/2020 (ldi). (Entered: 07/27/2020)

***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Notice to Attorney Amanda Brooke Pearlstein to RE-FILE Document 52 SECOND MOTION for Preliminary Injunction . ERROR(S): Supporting documents must be filed separately, each receiving their own document number. Declaration in Support of Motion and Memorandum of Law in Support of Motion are both found under the event list Replies, Opposition and Supporting Documents. (ldi)

***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Notice to Attorney Amanda Brooke Pearlstein to RE-FILE Document 53 Affidavit in Support of Motion, 54 Affidavit in Support of Motion. ERROR(S): documents linked to filing error. NOTE: Re-file the Motion first, then re-file all supporting documents separately. (ldi)

Notice to Attorney to Re-File Document - Deficient Docket Entry Error

MOTION for Preliminary Injunction . Document filed by American Council of the Blind of New York, Inc., Rasheta Bunting, Center for Independence of the Disabled, New York, Disability Rights New York, Keith Gurgui, Jose Hernandez, Karen Luxton Gourgey, National Federation of the Blind of New York State, Inc...(Pearlstein, Amanda) (Entered: 07/28/2020)

MEMORANDUM OF LAW in Support re: 55 MOTION for Preliminary Injunction . . Document filed by American Council of the Blind of New York, Inc., Rasheta Bunting, Center for Independence of the Disabled, New York, Disability Rights New York, Keith Gurgui, Jose Hernandez, Karen Luxton Gourgey, National Federation of the Blind of New York State, Inc...(Pearlstein, Amanda) (Entered: 07/28/2020)

DECLARATION of Kennedy Zimnik in Support re: 55 MOTION for Preliminary Injunction .. Document filed by American Council of the Blind of New York, Inc., Rasheta Bunting, Center for Independence of the Disabled, New York, Disability Rights New York, Keith Gurgui, Jose Hernandez, Karen Luxton Gourgey, National Federation of the Blind of New York State, Inc...(Pearlstein, Amanda) (Entered: 07/28/2020)

DECLARATION of Justin Young in Support re: 55 MOTION for Preliminary Injunction .. Document filed by American Council of the Blind of New York, Inc., Rasheta Bunting, Center for Independence of the Disabled, New York, Disability Rights New York, Keith Gurgui, Jose Hernandez, Karen Luxton Gourgey, National Federation of the Blind of New York State, Inc...(Pearlstein, Amanda) (Entered: 07/28/2020)

DECLARATION of Maria Kristic in Support re: 55 MOTION for Preliminary Injunction .. Document filed by American Council of the Blind of New York, Inc., Rasheta Bunting, Center for Independence of the Disabled, New York, Disability Rights New York, Keith Gurgui, Jose Hernandez, Karen Luxton Gourgey, National Federation of the Blind of New York State, Inc...(Pearlstein, Amanda) (Entered: 07/28/2020)

DECLARATION of Meghan Parker in Support re: 55 MOTION for Preliminary Injunction .. Document filed by American Council of the Blind of New York, Inc., Rasheta Bunting, Center for Independence of the Disabled, New York, Disability Rights New York, Keith Gurgui, Jose Hernandez, Karen Luxton Gourgey, National Federation of the Blind of New York State, Inc...(Pearlstein, Amanda) (Entered: 07/28/2020)

DECLARATION of Lou Ann Blake in Support re: 55 MOTION for Preliminary Injunction .. Document filed by American Council of the Blind of New York, Inc., Rasheta Bunting, Center for Independence of the Disabled, New York, Disability Rights New York, Keith Gurgui, Jose Hernandez, Karen Luxton Gourgey, National Federation of the Blind of New York State, Inc...(Pearlstein, Amanda) (Entered: 07/28/2020)

DECLARATION of Karen Luxton Gourgey in Support re: 55 MOTION for Preliminary Injunction .. Document filed by American Council of the Blind of New York, Inc., Rasheta Bunting, Center for Independence of the Disabled, New York, Disability Rights New York, Keith Gurgui, Jose Hernandez, Karen Luxton Gourgey, National Federation of the Blind of New York State, Inc...(Pearlstein, Amanda) (Entered: 07/28/2020)

DECLARATION of Keith Gurgui in Support re: 55 MOTION for Preliminary Injunction .. Document filed by American Council of the Blind of New York, Inc., Rasheta Bunting, Center for Independence of the Disabled, New York, Disability Rights New York, Keith Gurgui, Jose Hernandez, Karen Luxton Gourgey, National Federation of the Blind of New York State, Inc...(Pearlstein, Amanda) (Entered: 07/28/2020)

DECLARATION of Jose Hernandez in Support re: 55 MOTION for Preliminary Injunction .. Document filed by American Council of the Blind of New York, Inc., Rasheta Bunting, Center for Independence of the Disabled, New York, Disability Rights New York, Keith Gurgui, Jose Hernandez, Karen Luxton Gourgey, National Federation of the Blind of New York State, Inc...(Pearlstein, Amanda) (Entered: 07/28/2020)

DECLARATION of Robin Mayr in Support re: 55 MOTION for Preliminary Injunction .. Document filed by American Council of the Blind of New York, Inc., Rasheta Bunting, Center for Independence of the Disabled, New York, Disability Rights New York, Keith Gurgui, Jose Hernandez, Karen Luxton Gourgey, National Federation of the Blind of New York State, Inc...(Pearlstein, Amanda) (Entered: 07/28/2020)

DECLARATION of Rasheta Bunting in Support re: 55 MOTION for Preliminary Injunction .. Document filed by American Council of the Blind of New York, Inc., Rasheta Bunting, Center for Independence of the Disabled, New York, Disability Rights New York, Keith Gurgui, Jose Hernandez, Karen Luxton Gourgey, National Federation of the Blind of New York State, Inc...(Pearlstein, Amanda) (Entered: 07/28/2020)

NOTICE OF APPEARANCE by Christina N. Asbee on behalf of American Council of the Blind of New York, Inc., Rasheta Bunting, Center for Independence of the Disabled, New York, Disability Rights New York, Keith Gurgui, Jose Hernandez, Karen Luxton Gourgey, National Federation of the Blind of New York State, Inc...(Asbee, Christina) (Entered: 08/03/2020)

FIRST LETTER MOTION for Leave to File Reply Brief with Supplemental Facts in Support of Plaintiffs' Second Motion for Preliminary Injunction addressed to Judge Lewis J. Liman from Christina Asbee dated August 3, 2020. Document filed by American Council of the Blind of New York, Inc., Rasheta Bunting, Center for Independence of the Disabled, New York, Disability Rights New York, Keith Gurgui, Jose Hernandez, Karen Luxton Gourgey, National Federation of the Blind of New York State, Inc...(Asbee, Christina) (Entered: 08/03/2020)

LETTER RESPONSE in Opposition to Motion addressed to Judge Lewis J. Liman from Seth J. Farber dated August 3, 2020 re: 68 FIRST LETTER MOTION for Leave to File Reply Brief with Supplemental Facts in Support of Plaintiffs' Second Motion for Preliminary Injunction addressed to Judge Lewis J. Liman from Christina Asbee dated August 3, 2020. . Document filed by Robert A. Brehm, Douglas A. Kellner, Peter S. Kosinski, New York State Board of Elections, Andrew Spano, Todd D. Valentine..(Farber, Seth) (Entered: 08/03/2020)

MEMO ENDORSEMENT on re: 69 Response in Opposition to Motion, filed by Andrew Spano, Robert A. Brehm, Douglas A. Kellner, Peter S. Kosinski, Todd D. Valentine, New York State Board of Elections. ENDORSEMENT: The parties shall appear for a telephonic status conference tomorrow (August 4, 2020) at 2:30 p.m. The are directed to call (888) 251-2909 and use access code 2123101. ( Telephone Conference set for 8/4/2020 at 02:30 PM before Judge Lewis J. Liman.) (Signed by Judge Lewis J. Liman on 8/3/2020) (va) (Entered: 08/03/2020)

MOTION for Abigail A. Graber to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-20977510. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by American Council of the Blind of New York, Inc., Rasheta Bunting, Center for Independence of the Disabled, New York, Disability Rights New York, Keith Gurgui, Jose Hernandez, Karen Luxton Gourgey, National Federation of the Blind of New York State, Inc.. (Attachments: # 1 Affidavit of Abigail Graber, # 2 Certificate of Good Standing, # 3 Text of Proposed Order).(Asbee, Christina) (Entered: 08/03/2020)