24 HOUR NIGHT AND DAY CONVENIENCE STORE et al v. UNITED STATES OF AMERICA et al
| 24 hour night and day convenience store, Karl kerr and misrak kerr |
| UNITED STATES OF AMERICA, patty bennett and UNITED STATES DEPARTMENT OF AGRICULTURE |
| USDA FOOD AND NUTRITION SERVICE |
| 1:2022cv02740 |
| September 10, 2022 |
| US District Court for the District of Columbia |
| Colleen Kollar-Kotelly |
| Agriculture Acts |
| 07 U.S.C. § 2023 Judicial Review of Admin Determination by DOA |
| None |
Docket Report
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| Filing 8 RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 09/16/2022., RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 9/16/2022. ( Answer due for ALL FEDERAL DEFENDANTS by 11/15/2022.), RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. PATTY BENNETT served on 9/16/2022; UNITED STATES DEPARTMENT OF AGRICULTURE served on 9/16/2022; UNITED STATES OF AMERICA served on 9/16/2022 (Kerr, Roxan) Modified on 9/26/2022 to add date of service for AG(zjm). |
| Filing 7 STIPULATION of Stay by PATTY BENNETT, UNITED STATES DEPARTMENT OF AGRICULTURE, UNITED STATES OF AMERICA. (Oblea, Erika) |
| Set/Reset Deadlines: Time to effectuate service upon party due by 9/23/2022. (dot) |
| Filing 6 NOTICE of Appearance by Erika Kirstie Oblea on behalf of All Defendants (Oblea, Erika) |
MINUTE ORDER: The Court held a teleconference in this matter on September 19, 2022. The parties represented that they have agreed to a stay of the agency's August 11, 2022 decision in lieu of proceeding with Plaintiffs' request for a temporary restraining order. On or before, September 22, 2022 at 12:00 PM ET, the parties shall file a joint stipulation to stay that decision. Additionally, the Court notes that Chambers has received a representation that Plaintiffs have effected service pursuant to Federal Rule of Civil Procedure 4 but no affidavit of service has yet been filed. Plaintiffs shall file their affidavit(s) of service on or before September 23, 2022. Signed by Judge Colleen Kollar-Kotelly on September 19, 2022. (lcckk1)
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| Set/Reset Hearings: Telephone Conference set for 9/19/2022 at 2:00 PM via Telephonic before Judge Colleen Kollar-Kotelly. (dot) |
| Minute Entry for proceedings held before Judge Colleen Kollar-Kotelly: Telephone Conference held on 9/19/2022. (dot) |
| Filing 5 MOTION to Stay re #1 Complaint, Verified, MOTION for Preliminary Injunction by 24 HOUR NIGHT AND DAY CONVENIENCE STORE, KARL KERR, MISRAK KERR. (Attachments: #1 Memorandum in Support Memo in Support, #2 Exhibit Exhibits to Memo in Support, #3 Text of Proposed Order Proposed Order)(Kerr, Roxan) |
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MINUTE ORDER: The Court is in receipt on Plaintiffs' #5 Motion for Stay and Preliminary Injunction. The Motion indicates that Plaintiffs have served Defendants pursuant to LCvR 65.1(a), which governs requests for a temporary restraining order. Per LCvR 65.1(a) and Fed. R. Civ. P. 65(b)(2), Plaintiffs shall, on or before September 17, 2022 at 12:00 PM ET, email Chambers at Kollar-Kotelly_Chambers@dcd.uscourts.gov with contact information for counsel for Defendants so that Chambers may ensure effective service of this and future orders in advance of the filing of an affidavit(s) of service process pursuant to Fed. R. Civ. P. 4. The email should include a description, with particularity, of the service of the complaint, Motion, and associated materials upon Defendants. The Court reminds Plaintiffs that "[e]xcept in an emergency, the Court will not consider an ex parte application for a temporary restraining order." A status conference is set for September 19, 2022 at 2:00 PM ET, to proceed telephonically. Chambers will provide the parties with call-in information after receipt of an email containing contact information for opposing counsel. Signed by Judge Colleen Kollar-Kotelly on September 16, 2022. (lcckk1)
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| Filing 4 SUMMONS (5) Issued Electronically as to All Defendants, U.S. Attorney and U.S. Attorney General (Attachment: #1 Notice and Consent)(zmrl) |
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Filing 3
ORDER ESTABLISHING PROCEDURES FOR CASES ASSIGNED TO JUDGE COLLEEN KOLLAR-KOTELLY. Signed by Judge Colleen Kollar-Kotelly on 9/14/2022. (DM)
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| Filing 2 REQUEST FOR SUMMONS TO ISSUE re #1 Complaint, filed by MISRAK KERR, 24 HOUR NIGHT AND DAY CONVENIENCE STORE, KARL KERR. Related document: #1 Complaint, filed by 24 HOUR NIGHT AND DAY CONVENIENCE STORE, MISRAK KERR, KARL KERR.(Kerr, Roxan) |
| Case Assigned to Judge Colleen Kollar-Kotelly. (zmrl) |
| NOTICE OF ERROR re #1 Complaint; emailed to rkerr@rakerrlaw.com, cc'd 0 associated attorneys -- The PDF file you docketed contained errors: 1. Missing summonses-government. When naming a government agent or agency as a defendant, you must supply a summons for each defendant & two additional summonses for the U.S. Attorney & U.S. Attorney General. Please submit using the event Request for Summons to Issue., 2. COMPLIANCE DEADLINE is by close of business today. This case will not proceed any further until all errors are satisfied. (zmrl, ) |
| Filing 1 COMPLAINT VERIFIED against UNITED STATES OF AMERICA, USDA FOOD AND NUTRITION SERVICE, patty bennett in her official capacity of Regional Director for the FNS of the US Dept. of Agriculture ( Filing fee $ 402 receipt number ADCDC-9506053) filed by misrak kerr, 24 hour night and day convenience store, Karl kerr. (Attachments: #1 Civil Cover Sheet, #2 Summons, #3 Summons, #4 Summons)(Kerr, Roxan) |
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