Rageh et al v. United States of America et al
| Nada A Rageh and Sky Gourmet Deli I Corp. |
| United States of America, United States Department of Agriculture and United States Department of Agriculture, Food and Nutrition Service |
| 1:2023cv09163 |
| December 14, 2023 |
| US District Court for the Eastern District of New York |
| Hector Gonzalez |
| Other Statutes: Administrative Procedures Act/Review or Appeal of Agency Decision |
| 28 U.S.C. ยง 7422 Appeal from Administrative Decision |
| None |
Docket Report
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ORDER: The Court has received Defendants' letter indicating that the parties have reached a settlement in principle. See ECF No. #10 . The parties shall file a notice or stipulation of voluntary dismissal on or before March 4, 2024, or else the parties shall file on that date the joint letter and case management plan required by the Court's prior scheduling order, see ECF No. #8 , and Defendants shall further, on that same date, file their answer or otherwise respond to Plaintiffs' complaint. If the parties fail either to dismiss the case or to file a case management plan on or before March 4, 2024, then the Court will promptly enter a discovery schedule allowing no more than 90 days for fact discovery without seeking further input from the parties. Ordered by Judge Hector Gonzalez on 1/18/2024. (PN)
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| Filing 10 Consent MOTION for Extension of Time to File Joint Letter and Proposed Civil Case Management Plan and Stay of Subsequent Deadlines in Light of Settlement in Principle by United States Department of Agriculture, Food and Nutrition Service, United States of America. (Francis, Kimberly) |
| Filing 9 NOTICE of Appearance by Kimberly Francis on behalf of United States Department of Agriculture, Food and Nutrition Service, United States of America (aty to be noticed) (Francis, Kimberly) |
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Filing 8
SCHEDULING ORDER: Counsel for all parties are directed to file on the docket a joint letter describing the case and a completed civil case management plan by January 19, 2024, as further described in the attached mandatory requirements. Requests for adjournment of the deadline for these submissions will be considered only if made in writing and otherwise in accordance with Section I.D of the Court's Individual Practices. Plaintiffs' counsel shall notify Defendants' counsel of this scheduling order, in writing, as soon as reasonably possible.Although the Court will be amenable to a reasonable extension of Defendants' deadline to answer or otherwise respond to Plaintiffs' complaint, the Court will require the parties to demonstrate additional good cause to adjourn the deadline for filing the joint letter and proposed case management plan required by this order because the Court does not need Defendants' answer to set a discovery schedule. Ordered by Judge Hector Gonzalez on 12/18/2023. (KM)
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| Filing 7 Letter signed by Jess Berkowitz by Nada A Rageh, Sky Gourmet Deli I Corp. (Attachments: #1 Affidavit of Service Affirmation of Service) (Berkowitz, Jess) |
| Filing 6 SUMMONS Returned Executed by Nada A Rageh, Sky Gourmet Deli I Corp.. United States Department of Agriculture, Food and Nutrition Service served on 12/15/2023, answer due 2/13/2024; United States of America served on 12/15/2023, answer due 2/13/2024., SUMMONS Returned Executed by Nada A Rageh; Sky Gourmet Deli I Corp.. United States Department of Agriculture, Food and Nutrition Service served on 12/15/2023, answer due 2/13/2024; United States of America served on 12/15/2023, answer due 2/13/2024. (Berkowitz, Jess) |
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ORDER: Plaintiffs shall file a letter no longer than three pages on or before January 4, 2024, describing Plaintiffs' efforts to serve Plaintiffs' complaint and a summons on each Defendant. If Plaintiffs fail to file the letter required by this order, or if Plaintiffs' letter demonstrates a lack of diligence in attempting service, then the Court is unlikely to extend the deadline for Plaintiffs to complete service under Rule 4(m) in the absence of unusual circumstances demonstrating good cause. The Court will not extend the deadline for Plaintiffs to file the letter required by this order unless Plaintiffs request an extension in accordance with Section I.D of the Court's Individual Practices. Ordered by Judge Hector Gonzalez on 12/15/2023. (KM)
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| Filing 5 Summons Issued as to United States Department of Agriculture, United States of America, U.S. Attorney and U.S. Attorney General (KD) |
| Filing 4 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (KD) |
| Filing 3 Clerk's Notice Re: Consent. A United States Magistrate Judge has been assigned to this case and is available to conduct all proceedings. In accordance with Rule 73 of the Federal Rules of Civil Procedure, Local Rule 73.1, the parties are notified that if all parties consent, the assigned Magistrate Judge is available to conduct all proceedings in this action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to this 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. Any party may withhold its consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent.The form may also be accessed at the following link: #https://img.nyed.uscourts.gov/files/forms/MJConsentForm.pdf (KD) |
| Filing 2 Proposed Summons.Civil Cover Sheet.. Re #1 Complaint,, by Nada A Rageh, Sky Gourmet Deli I Corp. (Attachments: #1 Civil Cover Sheet Civil Cover Sheet) (Berkowitz, Jess) |
| Filing 1 COMPLAINT for Judicial Review against United States Department of Agriculture, United States of America filing fee $ 405, receipt number ANYEDC-17377437 Was the Disclosure Statement on Civil Cover Sheet completed -Yes,, filed by Nada A Rageh, Sky Gourmet Deli I Corp.. (Attachments: #1 Declaration Declaration of Plaintiff, #2 Exhibit FNS letter 9/26/2022, #3 Exhibit Transaction Reports, #4 Exhibit FNS letter 10/12/2022, #5 Exhibit Attorney letter 10/16/2022, #6 Exhibit Final Agency Decision) (Berkowitz, Jess) |
| Case Assigned to Judge Hector Gonzalez. 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. (KD) |
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