Lo Maximo Deli Grocery LLC v. United States of America et al
| Lo Maximo Deli Grocery LLC |
| United States Department of Agriculture and United States of America |
| 1:2019cv04366 |
| May 14, 2019 |
| US District Court for the Southern District of New York |
| Paul A Engelmayer |
| Agriculture Acts |
| 28 U.S.C. § 1346 |
| None |
Docket Report
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This docket was last retrieved on July 10, 2019. A more recent docket listing may be available from PACER.
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Filing 17
ORDER granting #16 Letter Motion for Extension of Time. Granted. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 7/10/2019) (ama)
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| Filing 16 FIRST LETTER MOTION for Extension of Time for Defendants to respond to the Complaint addressed to Judge Paul A. Engelmayer from Mary Ellen Brennan dated 7/10/19. Document filed by United States Department of Agriculture, United States of America.(Brennan, Mary) |
| Set/Reset Deadlines: United States Department of Agriculture answer due 8/15/2019; United States of America answer due 8/15/2019. (ama) |
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Filing 15
STIPULATION AND ORDER: IT IS STIPULATED AND AGREED, by and between the Parties, through their respective counsel, that the Government's disqualification of Plaintiff from SNAP, dated September 13, 2018, and affirmed, following an administrative action, on April 15, 2019, is hereby stayed, pending resolution of this action, without prejudice to the Government's right to move to vacate the stay upon further case development or change in circumstances. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 6/3/2019) (anc)
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| Filing 14 PROPOSED STIPULATION AND ORDER. Document filed by United States Department of Agriculture, United States of America. (Brennan, Mary) |
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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 Court appreciates the Government's response. In light of the Government's consent to stay the suspension and disqualification pending resolution of this action there is no reason for the show cause hearing currently scheduled for May 28, 2019. The Court therefore adjourns that hearing. As the TRO issued by this Court will expire on May 28, 2019, the parties are directed to file, by May 31, 2019, a proposed order that stays Lo Maximo Deli Grocery LLC's suspension and disqualification pending resolution of this action. (Signed by Judge Paul A. Engelmayer on 5/22/2019) (mro)
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| Filing 12 LETTER addressed to Judge Paul A. Engelmayer from Mary Ellen Brennan dated 5/21/19 re: the order to show cause and Tuesday's hearing. Document filed by United States Department of Agriculture, United States of America.(Brennan, Mary) |
| Filing 11 NOTICE OF APPEARANCE by Mary Ellen Brennan on behalf of United States Department of Agriculture, United States of America. (Brennan, Mary) |
| Filing 10 AFFIDAVIT OF SERVICE of Summons and Complaint served. United States Department of Agriculture served on 5/15/2019, answer due 7/15/2019; United States of America served on 5/15/2019, answer due 7/15/2019. Service was accepted by Hadjun Li, Civil Clerk. Document filed by Lo Maximo Deli Grocery LLC. (Attachments: #1 Exhibit Proofs of Service)(Sharav, Benjamin) |
| Filing 9 AFFIDAVIT of NAZLA M. MELO NUNEZ in Support re: #3 Order to Show Cause,,,,,,,. Document filed by Lo Maximo Deli Grocery LLC. (Attachments: #1 Exhibit A--2019-04-15--FINAL AGENCY DECISION, #2 Exhibit B--2018-08-14--SNAP--CHARGING LETTER, #3 Exhibit C--2018-08-24--LO MAXIMO--RESPONSE TO CHARGING LETTER, #4 Exhibit D--2018-09-13--SNAP--DISQUALIFICATION DECISION, #5 Exhibit E--2018-09-21--LO MAXIMO--REQUEST FOR ADMINISTRATIVE REVIEW, #6 Exhibit F--2019-05-13--Notification to Defendant of Order to Show Cause)(Sharav, Benjamin) |
| Filing 8 AFFIRMATION of Attorney Benjamin Sharav in Support re: #3 Order to Show Cause,,,,,,,. Document filed by Lo Maximo Deli Grocery LLC. (Sharav, Benjamin) |
| Filing 7 MEMORANDUM OF LAW in Support re: #3 Order to Show Cause,,,,,,, . Document filed by Lo Maximo Deli Grocery LLC. (Sharav, Benjamin) |
| Filing 6 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Lo Maximo Deli Grocery LLC.(Sharav, Benjamin) |
| Filing 5 NOTICE OF APPEARANCE by Benjamin Sharav on behalf of Lo Maximo Deli Grocery LLC. (Sharav, Benjamin) |
| Filing 4 NOTICE OF APPEARANCE by Victor Jose Molina, Jr on behalf of Lo Maximo Deli Grocery LLC. (Molina, Victor) |
| CASHIERS OFFICE REGISTRY DEPOSIT as per #3 Order to Show Cause, dated 05/14/2019, from Judge Judge Paul A. Engelmayer, received $250.00 from Lo Maximo Deli Grocery LLC Receipt Number 465401235697 on 05/15/2019. (jkr) |
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Filing 3
ORDER TO SHOW CAUSE FOR PRELIMINARY INJUNCTION AND TEMPORARY RESTRAINING ORDER: It is ORDERED, that the above named defendant show cause before a motion term of this Court, at Room 1305, United States Courthouse, 40 Centre Street, in the, county of New York City, and State of New York, on May 28, 2019, at 2:30 o'clock in the afternoon 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 plaintiff 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, 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; and it is further ORDERED that security in the amount of $250 will be posted by plaintiffs; 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/3rd Floor, New York. NY 10007 on or before May 15, 2019, 2019, shall be deemed good and sufficient service thereof. A written response from the Government is due May 23, 2019. (Show Cause Hearing set for 5/28/2019 at 02:30 PM in Courtroom 1305, 40 Centre Street, New York, NY 10007 before Judge Paul A. Engelmayer. Show Cause Response due by 5/23/2019.) (Signed by Judge Paul A. Engelmayer on 5/14/2019) (anc) Transmission to Finance Unit (Cashiers) for processing. Modified on 5/16/2019 (anc).
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| Filing 2 CIVIL COVER SHEET filed. (pne) |
| Filing 1 COMPLAINT against United States Department of Agriculture, United States of America. (Filing Fee $ 400.00, Receipt Number 465401235461)Document filed by Lo Maximo Deli Grocery LLC.(pne) |
| SUMMONS ISSUED as to United States Department of Agriculture, United States of America. (pne) |
| Case Designated ECF. (pne) |
| Magistrate Judge Kevin Nathaniel Fox 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. (pne) |
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