Rubins Grocery, Inc. et al v. United States of America
Plaintiff: Rubins Grocery, Inc. and Yeda P. Rubin
Defendant: United States of America
Case Number: 1:2021cv06415
Filed: November 18, 2021
Court: US District Court for the Eastern District of New York
Presiding Judge: Diane Gujarati
Referring Judge: Taryn A Merkl
Nature of Suit: Other Statutory Actions
Cause of Action: 28 U.S.C. ยง 1331
Jury Demanded By: None
Docket Report

This docket was last retrieved on December 20, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
December 20, 2021 Opinion or Order ORDER DISMISSING CASE -- As stipulated and agreed by and between the parties in the #9 Stipulation of Dismissal filed on December 17, 2021, this action is hereby dismissed with prejudice, with each party to bear its own costs, fees and disbursements. The Clerk of Court is respectfully directed to close this case. Ordered by Judge Diane Gujarati on 12/20/2021. (Almonte, Kelly)
December 17, 2021 Filing 9 STIPULATION of Dismissal with prejudice by United States of America (Yim, Kevin)
November 23, 2021 Opinion or Order ORDER: The Motion of Andrew Z. Tapp for Leave to Appear Pro Hac Vice #8 is granted. The attorney shall register for ECF; registration is available online at the EDNY's homepage. Once registered, the attorney shall file a notice of appearance and ensure that he receives electronic notification of activity in this case. Also, the attorney shall ensure that the $150 admission fee be submitted to the Clerk's Office via filing the event Pro Hac Vice Filing Fee. So Ordered by Magistrate Judge Taryn A. Merkl on 11/23/2021. (Devanathan, Deepa)
November 22, 2021 Filing 8 MOTION to Appear Pro Hac Vice Filing fee $ 150, receipt number ANYEDC-15053369. by Yeda P. Rubin, Rubins Grocery, Inc.. (Attachments: #1 Affidavit of Andrew Z. Tapp, #2 Exhibit A - Certificate of Good Standing) (Tapp, Andrew)
November 19, 2021 Filing 7 NOTICE of Appearance by Kevin Yim on behalf of United States of America (aty to be noticed) (Yim, Kevin)
November 19, 2021 Filing 6 NOTICE by Yeda P. Rubin, Rubins Grocery, Inc. re #5 MOTION for Preliminary Injunction Plaintiffs' Notice of Withdrawal of Motion for Preliminary Injunction (Tapp, Andrew)
November 19, 2021 Opinion or Order SCHEDULING ORDER re: #5 Motion for Preliminary Injunction: In order to consider Plaintiffs' motion, the Court will hold a conference at 10:30 a.m. on November 23, 2021 via teleconference. Should Defendant wish to present any information for the Court's consideration before the teleconference, it must do so by 5:00 p.m. on November 22, 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 11/19/2021. (Almonte, Kelly)
November 19, 2021 Opinion or Order ORDER: In light of Plaintiffs' #6 Notice filed November 19, 2021, Plaintiffs' #5 Motion for Preliminary Injunction is deemed withdrawn and the conference scheduled for November 23, 2021 is canceled. Ordered by Judge Diane Gujarati on 11/19/2021. Ordered by Judge Diane Gujarati on 11/19/2021. (Almonte, Kelly)
November 18, 2021 Filing 5 MOTION for Preliminary Injunction by Yeda P. Rubin, Rubins Grocery, Inc.. (Attachments: #1 Memorandum in Support, #2 Exhibit A-USDA Charge Letter, #3 Exhibit B-Final Agency Decision, #4 Exhibit C-Affidavit of Owner, #5 Exhibit A to Exhibit C-2020 Tax Returns, #6 Exhibit B to Exhibit C-2021 Profit & Loss Statement, #7 Exhibit D-2020 Tax Return-2021 Profit & Loss Statement) (Tapp, Andrew)
November 18, 2021 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)
November 18, 2021 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)
November 18, 2021 Filing 2 Summons Issued as to United States of America, U.S. Attorney and U.S. Attorney General (Attachments: #1 USDA summons, #2 US Attorney General summons) (Bowens, Priscilla)
November 18, 2021 Filing 1 COMPLAINT against United States of America filing fee $ 402, receipt number ANYEDC-15043259 Was the Disclosure Statement on Civil Cover Sheet completed -YES,, filed by Rubins Grocery, Inc., a New York Corporation, Yeda P. Rubin. (Attachments: #1 Civil Cover Sheet, #2 Proposed Summons U.S. Attorney's Office-Eastern District of New York, #3 Proposed Summons Attorney General of the United States, #4 Proposed Summons USDA-FNS, #5 Notice of Appearance) (Tapp, Andrew)
November 18, 2021 Case Assigned to Judge Diane Gujarati and Magistrate Judge Taryn A. Merkl. 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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Plaintiff: Rubins Grocery, Inc.
Represented By: Andrew Z. Tapp
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Plaintiff: Yeda P. Rubin
Represented By: Andrew Z. Tapp
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Defendant: United States of America
Represented By: Kevin Yim
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