Murawski v. New York State Board of Elections et al

Plaintiff William E. Murawski sued defendants the New York State Board of Elections and the New York City Board of Elections seeking to enjoin the general election held on November 7, 2006 because the State Board of Election refused to place his name on the ballot as a gubernatorial candidate. Plaintiff later sought a declaration that the New York State Election Law was largely unconstitutional and added former governor George Pataki, former mayor Rudolph Giuliani, former attorney general Eliot Spitzer, mayor Michael Bloomberg as defendants. Plaintiff also sued IAC/Interactive Corp., Ronald M. Gunzberger, and Yahoo! Inc. because they undermined his master election plan to be elected governor. Plaintiff alleged that defendant Ronald Gunzburger declined to list plaintiff on his website, http://Politics1.com, and also that Gunzberger defamed him by placing plaintiff's name in a list directly below a member of the Communist Party. Plaintiff alleged that Ask.com erroneously showed plaintiff to be associated with the Communist Party as a result of the alleged statement on the Politics1.com website, and that defendant Yahoo! Inc. refused to permit him to post e-mail messages to various Yahoo! Groups, thus denying him access to millions of voters.

Additional Resources

Tags:
Plaintiff:William E. Murawski
Defendant:New York State Board of Elections, George Pataki and Eliot Spitzer
 
Case Number:1:2006cv12965
Filed:November 6, 2006
 
Court:New York Southern District Court
Office:Foley Square Office [ Court Info ]
County:NewYork
Presiding Judge:Judge Richard J. Holwell
Referring Judge:Magistrate Judge Ronald L. Ellis
 
Nature of Suit:Civil Rights - Other Civil Rights
Cause:28:1331 Federal Question: Other Civil Rights
Jurisdiction:Federal Question
Jury Demanded By:Plaintiff

Date Filed

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Docket Text

November 6, 2006 1 COMPLAINT against New York State Board of Elections, New York City Board of Elections. (Filing Fee $ 350.00, Receipt Number 596183)Document filed by William E. Murawski.(laq, ) (Entered: 11/07/2006)
November 6, 2006   SUMMONS ISSUED as to New York State Board of Elections, New York City Board of Elections. (laq, ) (Entered: November 7, 2006)
November 6, 2006   Magistrate Judge Andrew J. Peck is so designated. (laq, ) (Entered: November 7, 2006)
November 7, 2006 29 NOTICE OF INTERLOCUTORY APPEAL from [26] Order to Show Cause. Copies mailed to the attorneys of record: Attorney Generals office for the State of New York, Corporation Counsel, Michael a. Cheah and William Alfred Escobar. Document filed by William E. Murawski. (dt) (Entered: February 21, 2007)
November 7, 2006   Appeal Remark as to [29] Notice of Interlocutory Appeal, filed by William E. Murawski. I.F.P. DENIED 1/11/07. $455.00 APPEAL FILING FEE DUE. (dt) (Entered: February 21, 2007)
November 21, 2006   MEMORANDUM TO THE DOCKET CLERK: Amended Summons issued by the Pro Se Office on 11/21/06. (cd, ) (Entered: November 22, 2006)
November 21, 2006 2 AMENDED COMPLAINT amending [1] Complaint against Michael Bloomberg, Rudolf Giuliani, IAC/Interactive Corp., George Pataki, Eliot Spitzer, New York State Board of Elections, New York City Board of Elections. Related document: [1] Complaint filed by William E. Murawski,.(cd, ) (Entered: November 22, 2006)
November 22, 2006 3 DECLARATION IN SUPPORT OF REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by William E. Murawski.(pl, ) (Entered: December 14, 2006)
December 20, 2006 4 ORDER; pursuant to defendant Ronald M. Gunzburger's letter request of 12/7/ 2006, the Court grants him leave to file a motion to dismiss in lieu of an answer. (Signed by Judge Richard J. Holwell on 12/19/06) (kco, ) (Entered: December 20, 2006)
December 21, 2006 5 ENDORSED LETTER addressed to Judge Richard J. Holwell from Chlarens Orsland dated 12/8/06 re: a request for an extension of time to respond to the complaint to 1/9/2007 on behalf of the City defendants and defendant Yahoo! Inc. ENDORSEMENT: Extension granted. Answer due from City defendants on 1/9/2007. (Signed by Judge Richard J. Holwell on 12/19/06) (kco, ) (Entered: 12/21/2006)
December 21, 2006   Set Answer Due Date purs. to [5] Endorsed Letter, as to New York State Board of Elections answer due on 1/9/2007; New York City Board of Elections answer due on 1/9/2007. (kco, ) (Entered: 12/21/2006)
December 22, 2006 6 ENDORSED LETTER addressed to Judge Holwell from Alison MacGregor dated 12/21/06 re request to extend time to respond to the Amended Complaint to 1/9/07: applicationg ranted. time to answer extended to 1/9/07. (Signed by Judge Richard J. Holwell on 12/22/06) (cd, ) (Entered: December 22, 2006)
December 22, 2006   Set Answer Due Date purs. to [6] Endorsed Letter, as to Yahoo!, Inc. answer due on 1/9/2007. (cd, ) (Entered: December 22, 2006)
December 26, 2006 7 ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for General pretrial (includes schceduling, discovery, non-dispositive pretrial motions, and settlement). Referred to Magistrate Judge Andrew J. Peck. (Signed by Judge Richard J. Holwell on 12/19/06) (djc, ) (Entered: December 26, 2006)
December 27, 2006 8 MOTION to Dismiss. Document filed by Ronald M. Gunzberger. (jco, ) (Entered: December 29, 2006)
December 27, 2006 9 NOTICE of compliance with local civil rule 12.1 and local civil rule 56.2. Document filed by Ronald M. Gunzberger. (jco, ) (Entered: December 29, 2006)
January 4, 2007 10 ENDORSED LETTER addressed to Judge Richard J. Holwell from Chlarens Orsland dated 12/26/2006 re: defendant is requesting permission to file a motion to the dismiss the complaint. ENDORSEMENT: Application Granted. Defendants' motions to dismiss due on 1/9/2007. Plaintiff to respond by 2/9/2007. Reply papers due on 2/23/2007. So Ordered. (Signed by Judge Richard J. Holwell on 12/28/2007) (lb, ) (Entered: January 5, 2007)
January 4, 2007   Set/Reset Deadlines: Motions due by 1/9/2007. Replies due by 2/23/2007. Responses due by 2/9/2007. (lb, ) (Entered: January 5, 2007)
January 5, 2007 11 FILING ERROR - ELECTRONIC FILING IN NON-ECF CASE - RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by IAC/Interactive Corp. (Cheah, Michael) Modified on 1/8/2007 (kg). (Entered: January 5, 2007)
January 5, 2007 12 FILING ERROR - ELECTRONIC FILING IN NON-ECF CASE - MOTION to Dismiss Pursuant to Rule 12(b)(6). Document filed by IAC/Interactive Corp.. Responses due by 1/22/2007 Return Date set for 1/29/2007 10:00 AM. (Cheah, Michael) Modified on 1/8/2007 (kg). (Entered: January 5, 2007)
January 6, 2007 13 FILING ERROR - ELECTRONIC FILING IN NON-ECF CASE - MOTION to Dismiss. Document filed by New York State Board of Elections. Responses due by 2/2/2007 (Murray, Patricia) Modified on 1/8/2007 (kg). (Entered: January 6, 2007)
January 8, 2007   ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - NON-ECF CASE ERROR. Note to Attorney Michael A. Cheah to MANUALLY RE-FILE Document Rule 7.1 Statement, Document No. 11. This case is not ECF. (kg) (Entered: January 8, 2007)
January 8, 2007   ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - NON-ECF CASE ERROR. Note to Attorney Michael A. Cheah to MANUALLY RE-FILE Document Motion to dismiss, Document No. 12. This case is not ECF. (kg) (Entered: January 8, 2007)
January 8, 2007   ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - NON-ECF CASE ERROR. Note to Attorney Patricia Lynn Murray to MANUALLY RE-FILE Document Motion for Summary Judgment, Document No. 13. This case is not ECF. (kg) (Entered: January 8, 2007)
January 8, 2007 14 ENDORSED LETTER addressed to Judge Holwell from Ronald Gunzburger dated 1/3/07 re request by Pro Se deft to participate in all conferences: for any conference in this case before me, Mr. Gunzburger may appear telephonically (by calling (212) 805-0036 at the time of the conference). As of now no such conferences have been scheduled. (Signed by Judge Andrew J. Peck on 1/8/07) (cd, ) (Entered: January 9, 2007)
January 8, 2007 15 MOTION for Rule 11 Sanctions against plaintiff; and Incorporated Memorandum of Law. Document filed by Ronald M. Gunzberger. (djc, ) (Entered: January 10, 2007)
January 9, 2007 16 MOTION to Dismiss claims purs to Rule 12(b)(6) of the FRCP against Defendant IAC/InterActive Corp. Attached is Memorandum of Law Document filed by IAC/Interactive Corp.. (djc, ) (Entered: 01/10/2007)
January 9, 2007 18 MEMORANDUM OF LAW in Support re: [16] MOTION to Dismiss.. Document filed by Yahoo!, Inc.. (djc, ) (docmt received in night dep. on 1/9/07 at 6:13 p.m.) (Entered: January 11, 2007)
January 9, 2007 19 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Yahoo!, Inc..(djc, ) (Entered: January 11, 2007)
January 9, 2007 20 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Liberty Media Corporation and Legg Mason, Inc. as Corporate Parent, through certain of its direct or indirect subsidiaries, each own more than 10% of IAC's common stock. Document filed by IAC/Interactive Corp..(djc, ) (Entered: January 11, 2007)
January 9, 2007 21 MOTION to Dismiss the amended complaint. Document filed by Yahoo!, Inc.. (djc, ) (Entered: January 11, 2007)
January 10, 2007 17 ANSWER to Amended Complaint. Document filed by George Pataki, Eliot Spitzer.(jmi, ) (Entered: January 11, 2007)
January 10, 2007 22 MOTION for an order dismissing the complaint against the New YOrk City dfts on the ground that it fails to state a claim upon which relief may be granted. Document filed by Michael Bloomberg, New York City Board of Elections. (dle, ) (Entered: January 11, 2007)
January 10, 2007 23 MEMORANDUM OF LAW in Support re: [22] MOTION to Dismiss Document filed by Michael Bloomberg, Rudolf Giuliani, New York City Board of Elections. (dle, ) (Entered: January 11, 2007)
January 17, 2007 24 ORDER that plaintiff's application to appeal in forma pauperis is therefore denied purs to Rule 24 of the Federal Rules of Appellate Procedure. (Signed by Judge Richard J. Holwell on 1/11/07) (cd) (Entered: January 18, 2007)
January 25, 2007 25 ORDER the initial pertrial confernce scheduled for January 26, 2007, at 10:30 a.m. is adjourned. Further, discovery in this case is stayed pending resolution of the motions to dismiss pending before the Court. SO ORDERED. (Signed by Judge Richard J. Holwell on 1/24/2007) (jmi) (Entered: January 26, 2007)
January 27, 2007 26 (DUPLIICATED ORIGINAL) ORDER TO SHOW CAUSE by William E. Murawski: plntf's request for a TRO and Preliminary Injunction is denied. Plaintiff was aware that his name was not on the ballot no later than 9/6/06. Plntf's unjustified delay in seeking equitable relief is sufficeint in itself to deny the requested relief. A review of his papers further indicates that his claimed right to be on the ballot is lacking in merit. Leaving aside any merit of his other claims, no reason is given why such claims werre not asserrted until the eleventh hour. (Signed by Judge Richard J. Holwell on 12/6/06) (cd) (Entered: February 2, 2007)
February 8, 2007 27 ORDER by letter dated 1/22/07, plntf requests a restraining order against Ronald M. Gunzburger. The court advises plntf that he may not move for a TRO by letter to the Court. Plntf also rquests additional time to respond to the motions to dismiss and motion for Rule 11 sanctions pending before the Court. The court grants plntf's request. Plntf may have until 3/2/07, to respond to the pending motions. Finally, plntf requests an extesnion of time to serve certain defts. The court advises plntf that under Rule 4(m) of the FRCP, he has 120 days from the filing of the Complaint to serve defts. Because plntf fld the complaint on 11/6/06, he has until 3/6/07 to serve defts. If plntf is unable to serve defts within the time remaining he may at that time request and extension for good cause shown. (Signed by Judge Richard J. Holwell on 2/6/07) (cd) (Entered: February 9, 2007)
February 14, 2007 28 NOTICE OF CASE REASSIGNMENT to Judge Ronald L. Ellis. Judge Andrew J. Peck is no longer assigned to the case. (jmi) (Entered: February 20, 2007)
February 14, 2007   Mailed notice to the attorney(s) of record. (jmi) (Entered: February 20, 2007)
February 21, 2007   Transmission of Notice of Appeal to the District Judge re: [29] Notice of Interlocutory Appeal,. (dt) (Entered: February 21, 2007)
February 21, 2007   Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: [29] Notice of Interlocutory Appeal,. (dt) (Entered: February 21, 2007)
February 23, 2007 30 Appeal Record Sent to USCA (Index). Notice that the Original index to the record on Appeal for [29] Notice of Interlocutory Appeal, filed by William E. Murawski 3 Copies of the index, Certified Clerk Certificate and Certified Docket Sheet were transmitted to the U.S. Court of Appeals. (nd) Additional attachment(s) added on 5/22/2007 (Thomas, Dave). (Entered: February 23, 2007)
February 23, 2007   Appeal Record Sent to USCA (File). Indexed record on Appeal Files for [29] Notice of Interlocutory Appeal, filed by William E. Murawski were transmitted to the U.S. Court of Appeals on 2/23/2007. (nd) (Entered: February 23, 2007)
March 5, 2007 31 MOTION in opposition to all motions by all defendants to dismiss plaintiff's action and for oral argument and other relief. Document filed by William E. Murawski.Motions referred to Ronald L. Ellis; w/ attached Affidavit in support. (ae) (Entered: March 7, 2007)
March 7, 2007 32 ORDER that a pretrial conference will be held in this case on 3/29/07 at 11:00 a.m. in courtroom 18D, 500 Pearl Street as further set forth in this order. (Signed by Judge Ronald L. Ellis on 3/2/07) (dle) (Entered: March 8, 2007)
March 7, 2007   Set/Reset Hearings: Pretrial Conference set for 3/29/2007 11:00 AM before Magistrate Judge Ronald L. Ellis. (dle) (Entered: March 8, 2007)
March 12, 2007 33 REPLY MEMORANDUM OF LAW in Support re: [21] MOTION to Dismiss.. Document filed by Yahoo!, Inc.. (jmi) (Entered: March 14, 2007)
March 13, 2007 34 ENDORSED LETTER addressed to Judge Holwell from Ronald M. Gunzburger dated 3/5/07 re: counsel requests an extension to reply until March 20, 2007 to submit to plaintiff's responses to the moions to dismiss and the motion for Rule 11 Sanctions. Application granted. Defendant Gunzburger's replies due on March 20, 2007. the parties are advised that the conference on March 29 is with Judge Ellis, not Judge Holwell, and will concern general pretrial issues, not the pending motions. (Signed by Judge Richard J. Holwell on 3/12/07) (djc) (Entered: March 14, 2007)
March 13, 2007   Set/Reset Deadlines as to [15] MOTION for Sanctions., [8] MOTION to Dismiss.. (djc) (Entered: March 14, 2007)
March 14, 2007   USCA Case Number 07-0671 from the U.S. Court of Appeal, 2nd Cir. assigned to [29] Notice of Interlocutory Appeal, filed by William E. Murawski. (nd) (Entered: March 14, 2007)
March 15, 2007 35 REPLY MEMORANDUM OF LAW in Further Support re: [22] MOTION to Dismiss.. Document filed by Michael Bloomberg, Rudolf Giuliani, New York State Board of Elections. (djc) (Entered: March 19, 2007)
March 19, 2007 36 ORDER by letter dated march 13, 2007, counsel for the City of New York wrote on behalf of all defednants to request that defendants be granted leave to file their replies to plaintiff's opposition papers on March 16,2007. Defendants' request is granted. (Defendant Gunzburger's replies are due on March 20,2007, pursuant to the Court's Order of March 13,2007.) The Court will reserve decision on plaintiff's request for oral argument until briefing on defendants' motion is complete. SO ORDERED. (Signed by Judge Richard J. Holwell on 3/14/2007) (jmi) (Entered: 03/21/2007)
March 19, 2007 37 REPLY MEMORANDUM OF LAW in Further Support re: [16] MOTION to Dismiss. Document filed by IAC/Interactive Corp.. (djc) (Entered: March 22, 2007)
March 20, 2007 38 REPLY MEMORANDUM OF LAW in Support re: [8] MOTION to Dismiss.. Document filed by Ronald M. Gunzberger. (cd) (Entered: March 23, 2007)
March 30, 2007 39 NOTICE of Change of Address as of 4/2/2007. Document filed by IAC/Interactive Corp.. (mbe) (Entered: April 3, 2007)
April 20, 2007 40 MANDATE of USCA (Certified Copy) as to [29] Notice of Interlocutory Appeal, filed by William E. Murawski USCA Case Number 07-0671-cv. It is Ordered that the appeal from the 1/27/07 USDC-SDNY be, and it hereby is DISMISSED. Thomas Asreen, Acting Clerk USCA. Certified: 4/18/07. (tp) (Entered: April 23, 2007)
April 23, 2007   Transmission of USCA Mandate/Order to the District Judge re: 40 USCA Mandate. (tp) (Entered: April 23, 2007)
August 10, 2007 41 MANDATE of USCA (Certified Copy) as to [29] Notice of Interlocutory Appeal, filed by William E. Murawski USCA Case Number 07-0671. Appellant, pro se, moves for leave to proceed in forma pauperis, Upon due consideration, it is hereby ORDERED that the motion is denied and the appeal is dismissed because it lacks ans arguable basis in law or fact. See Neitzke v Willianms, 490 U.S. 319, 325 (19189); U.S.C. 1915(e). Catherine O'Hagan Wolfe, Clerk USCA. Issued As Mandate: 8/9/2007. (nd) (Entered: August 10, 2007)
August 10, 2007   Transmission of USCA Mandate/Order to the District Judge re: 41 USCA Mandate,. (nd) (Entered: August 10, 2007)
September 26, 2007 42 MEMORANDUM OPINION AND ORDER: for reasons further set forth in said Order, the State BOE's motion to dismiss 13 is GRANTED in part and DENIED in part. All other motions to dismiss [8,12,16,21 and 22] are GRANTED in their entirety. Defendant Gunzburger's motion for sanctions [15] is DENIED. The Complaint is dismissed against the City and private defendants in its entirety and the Clerk is directed to terminate those defendants from the caption of this case. (Signed by Judge Richard J. Holwell on 9/26/07) (db) (Entered: September 26, 2007)
October 29, 2007 43 MOTION for Oral Argument on the Memorandum Opinion and Order dated September 26, 2007. Document filed by William E. Murawski.(djc) (Entered: October 31, 2007)
Docket Report Last Checked: November 29, 2007 15:58:27 PST
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Plaintiff: William E. Murawski
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Defendant: New York State Board of Elections
Represented By: Patricia Lynn Murray
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Defendant: George Pataki
Represented By: Joel Graber
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Defendant: Eliot Spitzer
Represented By: Joel Graber
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