Case: The Brooklyn Branch of the National Association for the Advancement of Colored People v. Kosinski

1:21-cv-07667 | U.S. District Court for the Southern District of New York

Filed Date: Sept. 14, 2021

Clearinghouse coding in progress

Case Summary

(This summary is temporary while we research the case.) The Brooklyn Branch of the NAACP filed suit against New York state election officials in the U.S. District Court for the Southern District of New York to challenge the state's line-warming ban, which prohibited nonpartisan groups from providing food and drinks to people waiting in line to vote. On May 30, 2024, the district court struck down the line warming ban.  

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/60383443/parties/the-brooklyn-branch-of-the-national-association-for-the-advancement-of/


Judge(s)

Failla, Katherine Polk (New York)

Documents in the Clearinghouse

No documents yet available via the Clearinghouse.

Docket

See docket on RECAP: https://www.courtlistener.com/docket/60383443/the-brooklyn-branch-of-the-national-association-for-the-advancement-of/

Last updated April 11, 2026, 5:17 a.m.

ECF Number Date Description Link
1 Sept. 14, 2021

Complaint

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2 Sept. 14, 2021

Civil Cover Sheet

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3 Sept. 15, 2021

Notice of Appearance

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Sept. 15, 2021

Notice to Attorney Regarding Party Modification

Sept. 15, 2021

Notice to Attorney Regarding Case Opening Statistical Error Correction

Sept. 15, 2021

Case Opening Initial Assignment Notice

4 Sept. 20, 2021

Request for Issuance of Summons

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5 Sept. 21, 2021

Summons Issued

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6 Sept. 28, 2021

Order for Initial Pretrial Conference

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7 Oct. 8, 2021

Summons Returned Executed

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8 Oct. 8, 2021

Summons Returned Executed

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9 Oct. 8, 2021

Notice of Appearance

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10 Oct. 8, 2021

Extension of Time to File Answer

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11 Oct. 8, 2021

Order on Motion for Extension of Time to Answer

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12 Oct. 13, 2021

Notice of Appearance

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13 Oct. 13, 2021

Extension of Time to File Answer

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14 Oct. 14, 2021

Order on Motion for Extension of Time to Answer

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15 Oct. 19, 2021

Appear Pro Hac Vice

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16 Oct. 20, 2021

Appear Pro Hac Vice

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Oct. 20, 2021

Notice Regarding Pro Hac Vice Motion

17 Oct. 21, 2021

Order on Motion to Appear Pro Hac Vice

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18 Oct. 21, 2021

Order on Motion to Appear Pro Hac Vice

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Oct. 21, 2021

Notice Regarding Pro Hac Vice Motion

19 Oct. 26, 2021

Appear Pro Hac Vice

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Oct. 27, 2021

Notice Regarding Pro Hac Vice Motion

20 Oct. 28, 2021

Order on Motion to Appear Pro Hac Vice

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21 Nov. 5, 2021

Notice of Appearance

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22 Nov. 5, 2021

Notice of Appearance

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23 Nov. 5, 2021

Notice of Appearance

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24 Nov. 5, 2021

Adjourn Conference AND Extension of Time to File Answer

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25 Nov. 5, 2021

ORDER granting 24 Letter Motion for Extension of Time to Answer re 24 JOINT LETTER MOTION for Extension of Time to File Answer to Complaint addressed to Judge Katherine Polk Failla from Elliot A. Hallak dated November 5, 2021.JOIN T LETTER MOTION to Adjourn Conference addressed to Judge Katherine Polk Failla from Elliot A. Hallak dated November 5, 2021., 1 Complaint. Application GRANTED. Further, the conference scheduled for December 3, 2021 is hereby ADJOURNED to January 27, 2022, at 12:00 p.m. The Clerk of Court is directed to terminate the pending motion at docket number 24. Robert A. Brehm answer due 1/14/2022; Anthony J. Casale answer due 1/14/2022; Douglas A. Kellner answer due 1/14/2022; Peter S. K osinski answer due 1/14/2022; Andrew J. Spano answer due 1/14/2022; Todd D. Valentine answer due 1/14/2022(Initial Conference set for 1/27/2022 at 12:00 PM before Judge Katherine Polk Failla.). (Signed by Judge Katherine Polk Failla on 11/5/2021) (tg)

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26 Dec. 13, 2021

Notice (Other)

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27 Jan. 6, 2022

Notice of Appearance

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28 Jan. 14, 2022

Conference

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29 Jan. 14, 2022

Conference AND Adjourn Conference

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30 Jan. 20, 2022

Response in Opposition to Motion

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31 Jan. 25, 2022

MEMO ENDORSEMENT on 30 granting 28 Letter Motion for Conference re: 28 LETTER MOTION for Conference Pre-Motion (pursuant to Your Honor's Individual Rule 4(A)) addressed to Judge Katherine Polk Failla from Elliot Hallak date d 01/14/2022., 29 LETTER MOTION to Adjourn Conference addressed to Judge Katherine Polk Failla from Stephen Kitzinger dated January 14, 2022. LETTER MOTION for Conference Pre-motion conference addressed to Judge Katherine Pol k Failla from Stephen Kitzinger dated January 14, 2022. ; granting 29 Letter Motion to Adjourn Conference; granting 29 Letter Motion for Conference re: 28 LETTER MOTION for Conference Pre-Motion (pursuant to Your Honor's Individ ual Rule 4(A)) addressed to Judge Katherine Polk Failla from Elliot Hallak dated 01/14/2022., 29 LETTER MOTION to Adjourn Conference addressed to Judge Katherine Polk Failla from Stephen Kitzinger dated January 14, 2022. LETTER MO TION for Conference Pre-motion conference addressed to Judge Katherine Polk Failla from Stephen Kitzinger dated January 14, 2022. ENDORSEMENT: The Court is in receipt of Defendants' pre-motion letters regarding their contemplated motio n to dismiss (Dkt. #28, 29) and Plaintiff's response (Dkt. #30). The Court will dispense with its usual requirement of a pre-motion conference and willallow the parties to proceed directly to briefing. The parties shall adhere to the following b riefing schedule: Defendants' motion to dismiss is due March 1, 2022; Plaintiff's opposition is due March 31, 2022; and Defendants' reply is due April 14,2022. Further, the conference scheduled for January 27, 2022, is hereby ADJOURNED sine die. The Clerk of Court is directed to terminate the pending motions at docket numbers 28 and 29. (Signed by Judge Katherine Polk Failla on 1/25/2022) (rro)

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32 March 1, 2022

Dismiss

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33 March 1, 2022

Dismiss

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34 March 1, 2022

Declaration in Support of Motion

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35 March 3, 2022

Notice of Appearance

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36 March 11, 2022

Notice of Appearance

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37 March 11, 2022

Notice of Appearance

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38 March 23, 2022

Amended Complaint

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39 March 31, 2022

Letter

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40 March 31, 2022

~Util - Set Deadlines/Hearings AND Memo Endorsement

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April 5, 2022

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

41 April 26, 2022

Dismiss

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42 April 26, 2022

Dismiss/Lack of Jurisdiction AND Dismiss

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43 April 26, 2022

Declaration in Support of Motion

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April 29, 2022

Notice of Redesignation to Magistrate Judge

44 May 24, 2022

Memorandum of Law in Opposition to Motion

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45 June 7, 2022

Reply Memorandum of Law in Support of Motion

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46 Jan. 24, 2023

Notice of Change of Address

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47 Jan. 24, 2023

Notice of Change of Address

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48 Jan. 24, 2023

Notice of Change of Address

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49 Jan. 24, 2023

Notice of Change of Address

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50 Feb. 23, 2023

OPINION AND ORDER re: 41 MOTION to Dismiss Plaintiff's Amended Complaint. filed by Robert A. Brehm, Andrew J. Spano, Douglas A. Kellner, Anthony J. Casale, Peter S. Kosinski, Todd D. Valentine, 33 MOTION to Dismiss . filed by Miguelina Camilo, Rodney L. Pepe-Souvenir, John Wm. Zaccone, Frederic M. Umane, Patricia Anne Taylor, Simon Shamoun, Tiffany Townsend, Jose Miguel Araujo, Michael Michel, Gino A. Marmorato, 42 MOTION to Dismiss . MOTIO N to Dismiss for Lack of Jurisdiction . filed by Miguelina Camilo, Rodney L. Pepe-Souvenir, John Wm. Zaccone, Frederic M. Umane, Patricia Anne Taylor, Simon Shamoun, Tiffany Townsend, Gino A. Marmorato, Michael Michel, Jose Miguel Arau jo. For all of the reasons stated above, Defendants' motions to dismiss Plaintiff's expressive conduct, overbreadth, and facial vagueness claims are DENIED, and Defendants' motions to dismiss Plaintiff's as-applied vagueness claim are GRANTED. The Clerk of Court is directed to terminate the motions at docket entries 41 and 42. Additionally, the Clerk of Court is directed to terminate the motion at docket entry 33, as it was mooted by the filing of the Amended Complaint. The parties are hereby ORDERED to confer and submit a proposed case management plan on or before March 16, 2023. (Signed by Judge Katherine Polk Failla on 2/23/2023) (rro)

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51 March 9, 2023

Answer to Amended Complaint

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52 March 9, 2023

Answer to Amended Complaint

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53 March 16, 2023

Proposed Case Management Plan

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54 March 17, 2023

Memo Endorsement

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55 March 17, 2023

Case Management Plan

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56 March 17, 2023

Proposed Case Management Plan

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57 March 17, 2023

Amended Answer to Complaints

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58 March 17, 2023

Case Management Plan

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59 April 21, 2023

Withdraw as Attorney

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60 April 24, 2023

Order on Motion to Withdraw as Attorney

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61 June 8, 2023

Withdraw as Attorney

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62 June 9, 2023

Order on Motion to Withdraw as Attorney

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63 Aug. 25, 2023

Proposed Order

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64 Aug. 25, 2023

Letter

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65 Aug. 25, 2023

Memo Endorsement AND ~Util - Set Deadlines/Hearings

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Aug. 25, 2023

Notice to Attorney to Re-File Document - Event Type Error

66 Sept. 28, 2023

Conference

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67 Oct. 2, 2023

Response in Opposition to Motion

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68 Oct. 3, 2023

Memo Endorsement AND ~Util - Set Deadlines/Hearings

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69 Oct. 12, 2023

Letter

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70 Oct. 12, 2023

Letter

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71 Oct. 13, 2023

Memo Endorsement AND ~Util - Set Deadlines/Hearings

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72 Oct. 18, 2023

Scheduling Order

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Oct. 27, 2023

Pretrial Conference - Interim

73 Jan. 25, 2024

Appear Pro Hac Vice

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Jan. 25, 2024

Notice Regarding Deficient Motion to Appear Pro Hac Vice

74 Jan. 26, 2024

Appear Pro Hac Vice

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Jan. 26, 2024

Notice Regarding Pro Hac Vice Motion

75 Jan. 29, 2024

Order on Motion to Appear Pro Hac Vice

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76 Feb. 5, 2024

Appear Pro Hac Vice

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77 Feb. 6, 2024

Order on Motion to Appear Pro Hac Vice

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78 Feb. 6, 2024

Withdraw as Attorney

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Feb. 6, 2024

Notice Regarding Pro Hac Vice Motion

79 Feb. 7, 2024

Order on Motion to Withdraw as Attorney

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80 Feb. 7, 2024

Proposed Pre-Trial Order

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81 Feb. 7, 2024

Proposed Findings of Fact

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82 Feb. 7, 2024

Pretrial Memorandum

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83 Feb. 7, 2024

Proposed Findings of Fact

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84 Feb. 7, 2024

In Limine

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85 Feb. 7, 2024

Declaration in Support of Motion

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86 Feb. 7, 2024

Proposed Findings of Fact

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87 Feb. 7, 2024

In Limine

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Case Details

State / Territory:

New York

Case Type(s):

Election/Voting Rights

Speech and Religious Freedom

Special Collection(s):

Law Firm Antiracism Alliance (LFAA) project

Key Dates

Filing Date: Sept. 14, 2021

Case Details

Other Dockets:

Southern District of New York 1:21-cv-07667

Recommended Citation