Ali et al v. United States of America et al
| Liberty Deli Inc 1 DBA Liberty Food and Mohsin Saleh Ali |
| United States Department of Agriculture, Food and Nutrition Service and United States of America |
| 1:2021cv01589 |
| March 25, 2021 |
| US District Court for the Eastern District of New York |
| Diane Gujarati |
| Vera M Scanlon |
| Other Statutes: Administrative Procedures Act/Review or Appeal of Agency Decision |
| None |
Docket Report
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Filing 10
STIPULATION AND ORDER DISMISSING CASE -- As stipulated and agreed between the parties, this action is hereby dismissed with prejudice and without costs, expenses or attorney's fees. The Clerk of Court is respectfully directed to close this case. Ordered by Judge Diane Gujarati on 4/28/2021. (Almonte, Kelly)
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| Filing 9 Consent MOTION to Dismiss Action with Prejudice by United States Department of Agriculture, Food and Nutrition Service, United States of America. (Attachments: #1 Proposed Order) (Volpe, Christopher) |
| Filing 8 Consent MOTION to Adjourn Conference scheduled for March 26, 2021, to a date after May 10, 2021, Consent MOTION for Extension of Time to File Response/Reply to Plaintiff's Emergency Motion for a Preliminary Injunction through May 10, 2021 by United States Department of Agriculture, Food and Nutrition Service, United States of America. (Volpe, Christopher) |
| Filing 7 NOTICE of Appearance by Christopher Daniel Volpe on behalf of United States Department of Agriculture, Food and Nutrition Service, United States of America (aty to be noticed) (Volpe, Christopher) |
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ORDER granting #8 Consent Motion to Adjourn Conference -- The conference scheduled for March 26, 2021 at 3:30 p.m. is adjourned sine die on consent. On consent, Defendants shall file their response to Plaintiffs' #2 Emergency Motion for Preliminary Injunction on or before May 10, 2021. Plaintiffs shall file a reply, if any, on or before May 17, 2021. In light of the parties' #8 Consent Motion to Adjourn Conference and Defendants representation that they will stay Plaintiffs' disqualification from SNAP through May 10, 2021, Plaintiffs' #2 Emergency Motion for Preliminary Injunction is denied insofar as it requests a temporary restraining order. The Court will reserve judgment on Plaintiffs' motion insofar as it seeks a preliminary injunction and/or a stay. Ordered by Judge Diane Gujarati on 3/26/2021. (Almonte, Kelly)
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| Filing 6 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (Bowens, Priscilla) |
| 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 All Defendants, U.S. Attorney and U.S. Attorney General (Bowens, Priscilla) |
| Filing 3 Proposed Summons. Re #1 Complaint,, by Mohsin Saleh Ali, Liberty Deli Inc 1 DBA Liberty Food (Berkowitz, Jess) |
| Filing 2 Emergency MOTION for Preliminary Injunction staying disqualification from SNAP by Mohsin Saleh Ali. (Attachments: #1 Declaration Declaration in Support, #2 Declaration Declaration of Plaintiff, #3 Exhibit FNS letter 8/16/18, #4 Exhibit Transaction Reports, #5 Exhibit Attorney letter 8/25/18, #6 Exhibit FNS letter 1/5/21, #7 Exhibit Request for Administrative Review, #8 Exhibit Final Agency Decision, #9 Memorandum in Support Memorandum of Law, #10 Civil Cover Sheet Civil Cover Sheet) (Berkowitz, Jess) |
| Filing 1 COMPLAINT for Judicial Review against All Defendants filing fee $ 402, receipt number ANYEDC-14310438 Was the Disclosure Statement on Civil Cover Sheet completed -Yes,, filed by Mohsin Saleh Ali. (Attachments: #1 Declaration Declaration by Plaintiff, #2 Exhibit FNS letter8/16/18, #3 Exhibit Transaction Reports, #4 Exhibit Attorney letter 8/25/18, #5 Exhibit FNS letter 1/5/21, #6 Exhibit Request for Administrative Review, #7 Exhibit Final Agency Decision) (Berkowitz, Jess) |
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ORDER REASSIGNING CASE. Case reassigned to Judge Diane Gujarati for all further proceedings. Chief Judge Margo K. Brodie no longer assigned to case 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. Ordered by Chief Judge Margo K. Brodie on 3/25/2021. (Bowens, Priscilla)
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SCHEDULING ORDER re: #2 Emergency MOTION for Preliminary Injunction: In order to consider Plaintiffs' motion, the Court will hold a conference on Friday, March 26, 2021 at 3:30 p.m. via teleconference. Should Defendants wish to present any information for the Court's consideration before the teleconference, they must do so by 12:00 p.m. on March 26.2021. The call-in information for the telephone conference is 1-877-336-1839 and the access code is 2643682. Counsel should call in to the telephone conference five minutes before the conference begins. Persons granted remote access to proceedings are reminded that photographing, recording, and rebroadcasting of any court proceeding or communication with the Court are prohibited. Violation of these prohibitions may result in sanctions. A transcript of the proceedings may be ordered from the Clerk's Office. If any party has difficulty accessing the telephone conference, please contact chambers at Gujarati_Chambers@nyed.uscourts.gov. Ordered by Judge Diane Gujarati on 3/25/2021. Electronic Service upon the US Attorneys Office re: this Scheduling Order (Almonte, Kelly)
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| Case Assigned to Chief Judge Margo K. Brodie and Magistrate Judge Vera M. Scanlon. 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) |
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