E & M Deli Grocery Corp. v. United States of America et al
| E & M Deli Grocery Corp. |
| United States Department of Agriculture and United States of America |
| 1:2018cv09908 |
| October 26, 2018 |
| US District Court for the Southern District of New York |
| George B Daniels |
| Agriculture Acts |
| 28 U.S.C. ยง 1346 |
| None |
Docket Report
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Filing 15
STIPULATION AND ORDER OF SETTLEMENT: IT IS STIPULATED AND AGREED, by and between the Parties, through their respective counsel, as follows: This action is dismissed with prejudice and without costs, expenses, or attorney's fees. In lieu of Plaintiff's temporary six-month disqualification from SNAP, Plaintiff agrees to pay FNS a civil money penalty totaling $2,106.00, payable within 60 days of the date that Plaintiff signs this Stipulation. Plaintiff's payments shall be made by certified check or money order, made payable to the United States Treasury, and shall be delivered by certified or registered mail to the United States Attorney's Office, Financial Litigation Unit, 86 Chambers Street, 3rd Floor, New York, New York 10007. The checks shall identity in the "memo" section the case name and docket number; and as further set forth herein. This Court shall retain jurisdiction over this action to enforce this Stipulation. SO ORDERED. (Signed by Judge George B. Daniels on 12/10/2018) (anc) Modified on 12/12/2018 (anc).
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| Filing 14 PROPOSED STIPULATION AND ORDER. Document filed by United States Department of Agriculture, United States of America. (Kahane, Joshua) |
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Filing 13
MEMO ENDORSEMENT on re: #12 Letter filed by United States of America, United States Department of Agriculture. ENDORSEMENT: The Oral Argument is adjourned to February 14, 2019 at 10:30 a.m. SO ORDERED. (Oral Argument set for 2/14/2019 at 10:30 AM before Judge George B. Daniels.) (Signed by Judge George B. Daniels on 10/31/2018) (jca)
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| Filing 12 CONSENT LETTER addressed to Judge George B. Daniels from Joshua Evan Kahane dated 10/30/18 re: Defendants' Consent to Stay. Document filed by United States Department of Agriculture, United States of America.(Kahane, Joshua) |
| Filing 11 AFFIDAVIT OF SERVICE of Summons and Complaint served. United States Department of Agriculture served on 10/29/2018, answer due 12/28/2018; United States of America served on 10/29/2018, answer due 12/28/2018. Service was accepted by Haojun Li, Civil Div. Clerk. Document filed by E & M Deli Grocery Corp.. (Attachments: #1 Exhibit Proofs of Service)(Molina, Victor) |
| Filing 10 AFFIDAVIT of Victor Marmelejos in Support re: #7 Order to Show Cause,,,,. Document filed by E & M Deli Grocery Corp.. (Sharav, Benjamin) |
| Filing 9 AFFIRMATION of Attorney Benjamin Sharav in Support re: #7 Order to Show Cause,,,,. Document filed by E & M Deli Grocery Corp.. (Sharav, Benjamin) |
| Filing 8 MEMORANDUM OF LAW in Support re: #7 Order to Show Cause,,,, . Document filed by E & M Deli Grocery Corp.. (Attachments: #1 Exhibit EXH. A--Disqualification Order, #2 Exhibit EXH. B--CHARGING LETTER, #3 Exhibit Exh C--RETAILER RESPONSE TO CHARGING LETTER, #4 Exhibit Exh D--Notification to Defendant)(Sharav, Benjamin) |
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Filing 7
ORDER TO SHOW CAUSE filed by E & M Deli Grocery Corp. Defendants shall show cause as to why an order should not be issued pursuant to Rule 65 of the Federal Rules of Civil Procedure enjoining the defendant during the pendency of this action from disqualifying or suspending the plaintiffs from participating in the Supplemental Nutritional Assistance Program (SNAP) and receiving payments from the U.S. Department of Agriculture for supplying food products to recipients enrolled in the program. ORDERED that, sufficient reason having been shown therefor, pending the hearing of plaintiffs application for a preliminary injunction, pursuant to Rule 65, Fed. R. Civ. P. the defendant is temporarily restrained and enjoined from invoking and enforcing its scheduled disqualification of plaintiffs from the SNAP program. Show Cause Hearing set for 11/5/2018 at 09:30 AM in Courtroom 11A, 500 Pearl Street, New York, NY 10007 before Judge George B. Daniels. (Signed by Judge George B. Daniels on 10/26/2018) (jwh)
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| Filing 6 NOTICE OF APPEARANCE by Joshua Evan Kahane on behalf of United States Department of Agriculture, United States of America. (Kahane, Joshua) |
| Filing 5 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by E & M Deli Grocery Corp..(Sharav, Benjamin) |
| Filing 4 NOTICE OF APPEARANCE by Victor Jose Molina, Jr on behalf of E & M Deli Grocery Corp.. (Molina, Victor) |
| Filing 3 NOTICE OF APPEARANCE by Benjamin Sharav on behalf of E & M Deli Grocery Corp.. (Sharav, Benjamin) |
| Filing 2 CIVIL COVER SHEET filed. (jgo) (pc). |
| Filing 1 COMPLAINT against United States Department of Agriculture, United States of America. (Filing Fee $ 400.00, Receipt Number 465401221348)Document filed by E & M Deli Grocery Corp..(jgo) (pc). |
| SUMMONS ISSUED as to United States Department of Agriculture, United States of America. (jgo) |
| Magistrate Judge Katharine H. Parker is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: #http://nysd.uscourts.gov/forms.php. (jgo) |
| Case Designated ECF. (jgo) |
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