Sharhan et al v. United States of America et al
Plaintiff: New York's Best Deli inc. and Sulayman A Sharhan
Defendant: United States of America and United States Department of Agriculture, Food and Nutrition Service
Case Number: 1:2020cv02329
Filed: May 26, 2020
Court: US District Court for the Eastern District of New York
Presiding Judge: Brian M Cogan
Nature of Suit: Other Statutes: Administrative Procedures Act/Review or Appeal of Agency Decision
Cause of Action: 28 U.S.C. § 7422 Appeal from Administrative Decision
Jury Demanded By: None
Docket Report

This docket was last retrieved on July 16, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
July 16, 2020 Opinion or Order Filing 15 Stipulation and Order of Settlement. Dismissed with prejudice. ( Ordered by Judge Brian M. Cogan on 7/16/2020 ) (Guzzi, Roseann)
July 16, 2020 Filing 14 SETTLEMENT AGREEMENT (for the Court's endorsement) by United States Department of Agriculture, Food and Nutrition Service, United States of America (Modafferi, Matthew)
July 14, 2020 Opinion or Order Minute Entry and Order for Initial Status Conference held on 7/14/2020 before Judge Brian M. Cogan. Counsel for both sides appeared by telephone. The parties advised the Court that they have reached a settlement in principle. The Court having been so advised, the case is dismissed, subject to reinstatement at the request of any party within 30 days. The Court retains jurisdiction to So Order any settlement documents if they are filed within this period. Ordered by Judge Brian M. Cogan on 7/14/20. (Cogan, Brian)
July 13, 2020 Filing 13 CASE MANAGEMENT STATEMENT (Modafferi, Matthew)
July 9, 2020 Filing 12 Letter (joint) as required in advance of the July 14, 2020 conference by United States Department of Agriculture, Food and Nutrition Service, United States of America (Modafferi, Matthew)
May 31, 2020 Opinion or Order Filing 11 SCHEDULING ORDER: A telephonic Initial Status Conference is set for 7/14/2020 at 12:15 PM. SEE ATTACHED MANDATORY REQUIREMENTS FOR THE CONFERENCE. Parties are directed to use the toll-free number 888-684-8852 and access code 6427877# to participate in the call and are further directed to file on ECF a completed case management plan prior to the conference. Ordered by Judge Brian M. Cogan on 5/31/2020. (Weisberg, Peggy) Modified on 7/9/2020 (Weisberg, Peggy).
May 29, 2020 Opinion or Order Filing 10 ORDER dated 5/28/20 granting STAY re: #9 STIPULATION AND ORDER STAYING PLAINTIFF'S DISQUALIFICATION FROM THE SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM PENDING FINAL DISPOSITION. (Ordered by Judge Brian M. Cogan on 5/28/2020 ) (Guzzi, Roseann)
May 28, 2020 Filing 9 Joint MOTION to Adjourn Conference as moot in light of the parties' agreement to stay disqualification of SNAP pending the outcome of this case, and letter as cover to the attached Stipulation and Order by United States Department of Agriculture, Food and Nutrition Service, United States of America. (Attachments: #1 Proposed Order) (Modafferi, Matthew)
May 28, 2020 Filing 8 NOTICE of Appearance by Matthew J. Modafferi on behalf of United States Department of Agriculture, Food and Nutrition Service, United States of America (aty to be noticed) (Modafferi, Matthew)
May 27, 2020 Filing 7 NOTICE by New York's Best Deli inc., Sulayman A Sharhan re #6 Certificate of Service, #5 Summons Returned Executed as to USA, (Berkowitz, Jess)
May 27, 2020 Filing 6 CERTIFICATE OF SERVICE by New York's Best Deli inc., Sulayman A Sharhan re #5 Summons Returned Executed as to USA, (Berkowitz, Jess)
May 27, 2020 Filing 5 SUMMONS Returned Executed by Sulayman A Sharhan, New York's Best Deli inc.. United States Department of Agriculture, Food and Nutrition Service served on 5/27/2020, answer due 7/27/2020; United States of America served on 5/27/2020, answer due 7/27/2020. (Attachments: #1 Affidavit of Service Affirmation of Service of Summons) (Berkowitz, Jess)
May 26, 2020 Filing 4 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (Bowens, Priscilla)
May 26, 2020 Filing 3 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)
May 26, 2020 Filing 2 Summons Issued as to United States Department of Agriculture, Food and Nutrition Service, United States of America, U.S. Attorney and U.S. Attorney General (Bowens, Priscilla)
May 26, 2020 Filing 1 COMPLAINT against All Defendants filing fee $ 400, receipt number ANYEDC-12838681 Was the Disclosure Statement on Civil Cover Sheet completed -Yes,, filed by Sulayman A Sharhan, New York's Best Deli inc.. (Attachments: #1 Declaration Declaration of Plaintiff, #2 Exhibit FNS letter 5/24/2016, #3 Exhibit Transaction Report, #4 Exhibit FNS letter 10/28/2019, #5 Exhibit Attorney letter 11/8/2019, #6 Exhibit Final Decision of Agency, #7 Proposed Summons Proposed Summons, #8 Civil Cover Sheet Civil Cover Sheet, #9 Notice of Motion Proposed Order to Show Cause, #10 Affidavit in Support Declaration in Support) (Berkowitz, Jess)
May 26, 2020 Case Assigned to Judge Brian M. Cogan. Please download and review the Individual Practices of the assigned Judges, located on our #website. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. (Bowens, Priscilla)
May 26, 2020 Opinion or Order ORDER re: #1 motion for order to show cause for a preliminary injunction. The Court will hold a scheduling conference by telephone on 5/29/2020 at 10:00 am. The parties are directed to use the toll-free number 888-684-8852 and access code 6427877#. Plaintiff shall provide notice of the conference to defendants no later than 12:00 PM on 5/27/2020 and file proof that they have done so. Ordered by Judge Brian M. Cogan on 5/26/2020. (Weisberg, Peggy)

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Plaintiff: New York's Best Deli inc.
Represented By: Jess M. Berkowitz
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Plaintiff: Sulayman A Sharhan
Represented By: Jess M. Berkowitz
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Defendant: United States of America
Represented By: Matthew J. Modafferi
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Defendant: United States Department of Agriculture, Food and Nutrition Service
Represented By: Matthew J. Modafferi
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