Alexandra Deli & Grocery LLC v. United States of America et al
| Alexandra Deli & Grocery LLC |
| United States Department of Agriculture and United States of America |
| 1:2019cv01598 |
| March 20, 2019 |
| US District Court for the Eastern District of New York |
| Margo K Brodie |
| Steven M Gold |
| Agriculture Acts |
| 28 U.S.C. § 1331 Fed. Question: Review Agency Decision |
| None |
Docket Report
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| Filing 16 CLERK'S JUDGMENT, It is ORDERED and ADJUDGED that this action is dismissed with prejudice, and without costs, expenses, or attorneys fees; and that in lieu of Plaintiffs temporary six-month disqualification from SNAP, Plaintiff agrees to pay FNS a civil money penalty totaling $3,660.00 (three thousand, six hundred and sixty dollars) (the "Monetary Penalty"), which Monetary Penalty shall be due and paid within thirty (30) days following the Court's so-ordering of this Stipulation and Order of Settlement. Ordered by Douglas C. Palmer by Jalitza Poveda, Deputy Clerk on 4/17/2019. (Piper, Francine) |
Filing 15
STIPULATION AND ORDER OF DISMISSAL: This action is dismissed with prejudice, with each party to bear its own costs, expenses and fees. The Clerk of Court is directed to enter judgment accordingly. Ordered by Judge Margo K. Brodie on 4/12/2019. (Brucella, Michelle)
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Filing 14
STIPULATION AND ORDER OF SETTLEMENT. Ordered by Judge Margo K. Brodie on 4/12/2019. (Brucella, Michelle)
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| Filing 13 Consent MOTION for Settlement , Consent MOTION to Dismiss With Prejudice by United States Department of Agriculture, United States of America. (Attachments: #1 Proposed Order, #2 Proposed Order) (Solomon, Clayton) |
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Filing 12
STIPULATION AND ORDER: FNS agrees to stay its February 12, 2019 decision disqualifying Plaintiff from participating in SNAP during the pendency of this action (the "Stay"). The Stay will remain in effect until the Court issues a final decision in this action, but not through any appeals therefrom. During the Stay, Plaintiff shall abide by, and be governed by, all the rules and regulations of SNAP in the same manner as Plaintiffs would have been required had Plaintiff not been disqualified from participating in SNAP. If FNS determines that Plaintiff is violating any of the rules and regulations ofSNAP during the stay, Plaintiff agrees that the stay will be lifted and Plaintiff will beimmediately disqualified from participating in SNAP. Plaintiff retains all rights and defenses to challenge the propriety of any violation and penalties identified or assessed by FNS during the pendency of this Action. FNS's agreement to stay Plaintiff's disqualification from SNAP during the pendency of this action shall not in any manner be construed to be a concession ofliability, that the filing of this action was timely, or that the subject disqualification was, or is, improper or unlawful in any way; nor shall the stay limit FNS's right to oppose Plaintiff's claims and the relief sought in its Complaint. Ordered by Judge Margo K. Brodie on 3/27/2019. (Brucella, Michelle)
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| Filing 11 MOTION to Adjourn Conference Scheduled for April 2, 2019, Consent MOTION to Stay Defendant's Disqualification Decision by United States Department of Agriculture, United States of America. (Attachments: #1 Proposed Order) (Solomon, Clayton) |
| Minute Entry for Hearing held before Judge Margo K. Brodie on March 22, 2019. Benjamin Sharav appeared on behalf of plaintiff; Clayton Solomon and Sean Greene appeared on behalf of defendants. In response to the government's request for additional time to prepare, the Court adjourned the hearing on plaintiff's motion for a temporary restraining order and preliminary injunction and ordered that the status quo be maintained. A hearing is scheduled for April 2, 2019 at 10:00AM. (Court Reporter: Victoria Torres-Butler) (Brucella, Michelle) |
| Filing 10 NOTICE of Appearance by Victor J. Molina, Jr on behalf of Alexandra Deli & Grocery LLC (aty to be noticed) (Molina, Victor) |
| Filing 9 AFFIDAVIT of Service for Order to Show Cause served on Ryan on 3/20/2019, filed by Alexandra Deli & Grocery LLC. (Sharav, Benjamin) |
| Filing 8 SUMMONS Returned Executed by Alexandra Deli & Grocery LLC. United States Department of Agriculture served on 3/20/2019, answer due 4/10/2019; United States of America served on 3/20/2019, answer due 4/10/2019., SUMMONS Returned Executed by Alexandra Deli & Grocery LLC. United States Department of Agriculture served on 3/20/2019, answer due 4/10/2019; United States of America served on 3/20/2019, answer due 4/10/2019. (Sharav, Benjamin) |
| Filing 7 NOTICE of Appearance by Benjamin Sharav on behalf of Alexandra Deli & Grocery LLC (notification declined or already on case) (Sharav, Benjamin) |
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Filing 6
ORDER TO SHOW CAUSE FOR PRELIMINARY INJUNCTION AND TEMPORARY RESTRAINING ORDER.( Show Cause Hearing set for 3/22/2019 02:00 PM in Courtroom 6F North before Judge Margo K. Brodie.) Ordered by Judge Margo K. Brodie on 3/20/2019. (Piper, Francine) Modified on 3/22/2019 to add the word temporary. (Piper, Francine).
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| Filing 5 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. (Bowens, Priscilla) |
| Filing 4 Summons Issued as to United States Department of Agriculture, United States of America, U.S. Attorney and U.S. Attorney General (Bowens, Priscilla) |
| Filing 3 Unsigned Order to Show Cause by Alexandra Deli & Grocery LLC (Bowens, Priscilla) |
| Filing 2 DISCLOSURE of Interested Parties by Alexandra Deli & Grocery LLC. (Bowens, Priscilla) |
| Filing 1 COMPLAINT against United States Department of Agriculture, United States of America Was the Disclosure Statement on Civil Cover Sheet completed -yes,, filed by Alexandra Deli & Grocery LLC. (Attachments: #1 Civil Cover Sheet, #2 Affirmation, #3 Affidavit, #4 Memorandum in Support) (Bowens, Priscilla) (Additional attachment(s) added on 3/20/2019: #5 Exhibits) (Bowens, Priscilla). |
| FILING FEE: $ 400, receipt number 4653138206 (Bowens, Priscilla) |
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