La Familia Deli Market Corp. v. United States Of America et al
| La Familia Deli Market Corp. |
| United States Department of Agriculture and United States Of America |
| 1:2018cv11612 |
| December 12, 2018 |
| US District Court for the Southern District of New York |
| Andrew L Carter |
| Agriculture Acts |
| 28 U.S.C. ยง 1346 |
| None |
Docket Report
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| Case Stayed. (mml) |
Filing 14
STANDING ORDER M10-468: The United States Attorney's Office shall notify the Court immediately upon the restoration of Department of Justice funding. (As further set forth in this Order.) (Signed by Judge Colleen McMahon on 12/27/2018) (mml)
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Filing 13
ORDER: The Court is in receipt of Defendants' letter of December 14, 2018. ECF No 12. It is hereby ORDERED that Plaintiff's suspension and disqualification from the Supplemental Nutrition Assistance Program ("SNAP") be stayed pending resolution of this case. Defendants maintain their right to move to vacate the stay upon further case development or change in circumstances. In addition, the Order to Show Cause Conference currently scheduled for December 19, 2018 at 11 :30 a.m. is hereby ADJOURNED. Defendants are hereby ORDERED to respond to Plaintiff's Complaint on or before February 11, 2019. (Signed by Judge Andrew L. Carter, Jr on 12/14/2018) (rro)
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| Filing 12 CONSENT LETTER addressed to Judge Andrew L. Carter, Jr. from Joshua Kahane dated 12/14/18 re: Defendants' Consent to Stay. Document filed by United States Department of Agriculture, United States Of America.(Kahane, Joshua) |
| Filing 11 NOTICE OF APPEARANCE by Joshua Evan Kahane on behalf of United States Department of Agriculture, United States Of America. (Kahane, Joshua) |
| Filing 10 AFFIDAVIT OF SERVICE of Summons and Complaint served. United States Department of Agriculture served on 12/13/2018, answer due 2/11/2019; United States Of America served on 12/13/2018, answer due 2/11/2019. Service was accepted by Lisa Ahearn, Civil Div. Clerk. Document filed by La Familia Deli Market Corp.. (Attachments: #1 Exhibit Proofs of Service)(Sharav, Benjamin) |
| Filing 9 AFFIDAVIT of GREGORIO C. SOTO in Support re: #3 Order to Show Cause,,,,,,. Document filed by La Familia Deli Market Corp.. (Sharav, Benjamin) |
| Filing 8 AFFIRMATION of Attorney Benjamin Sharav in Support re: #3 Order to Show Cause,,,,,,. Document filed by La Familia Deli Market Corp.. (Attachments: #1 Exhibit Exh, A-- Disqualification Order--Final Agency Decision, #2 Exhibit EXH. B-- Charging Letter-- August 16, 2018, #3 Exhibit EXH. C-- Response to Charging Letter-- August 27, 2018, #4 Exhibit EXH. D--FNS Disqualification Letter-- September 10, 2018, #5 Exhibit EXH. E--Retailers Request for Administrative Review -- September 17, 2018, #6 Exhibit EXH. F--Notification to Defendant of Order to Show Cause -- December 11, 2018)(Sharav, Benjamin) |
| Filing 7 MEMORANDUM OF LAW in Support re: #3 Order to Show Cause,,,,,, . Document filed by La Familia Deli Market Corp.. (Sharav, Benjamin) |
| Filing 6 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by La Familia Deli Market Corp..(Sharav, Benjamin) |
| Filing 5 NOTICE OF APPEARANCE by Victor Jose Molina, Jr on behalf of La Familia Deli Market Corp.. (Molina, Victor) |
| Filing 4 NOTICE OF APPEARANCE by Benjamin Sharav on behalf of La Familia Deli Market Corp.. (Sharav, Benjamin) |
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Filing 3
ORDER TO SHOW CAUSE FOR PRELIMINARY INJUNCTION filed by La Familia Deli Market Corp. ORDERED, that the above named defendant show cause before a motion term of this Court, at Room 1306, United States Courthouse, 40 Foley Square, in the, county of New York City, and State of New York, on December 19th, 2018, at 11:30 o'clock in the a.m. thereof, or as soon thereafter as counsel may be heard, 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; and it is further ORDERED that personal service of a copy of this order and annexed affidavit upon the defendant or its counsel at United States Attorney's Office, Southern District of New York, 86 Chambers Street I 3rd Floor, New York. NY 10007 on or before December 13, 2018 at 5:00 pm, shall be deemed good and sufficient service thereof. Defendants are ordered to respond in writing by December 17th, 2018 to this Order to Show Cause. SO ORDERED. (Show Cause Hearing set for 12/19/2018 at 11:30 AM in Courtroom 1306, 40 Centre Street, New York, NY 10007 before Judge Andrew L. Carter Jr. Show Cause Response due by 12/17/2018.) (Signed by Judge Andrew L. Carter, Jr on 12/12/2018) (anc) Modified on 12/13/2018 (anc).
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| Filing 2 CIVIL COVER SHEET filed. (pc) (pc). |
| Filing 1 COMPLAINT against United States Department of Agriculture, United States Of America. (Filing Fee $ 400.00, Receipt Number 465401224564)Document filed by La Familia Deli Market Corp..(pc) (pc). |
| SUMMONS ISSUED as to United States Department of Agriculture, United States Of America. (pc) |
| Magistrate Judge Debra C. Freeman 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. (pc) |
| Case Designated ECF. (pc) |
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