El Rancho Deli Grocery Corp. v. United States of America et al
| El Rancho Deli Grocery Corp. |
| United States Department of Agriculture and United States of America |
| 1:2019cv05840 |
| June 21, 2019 |
| US District Court for the Southern District of New York |
| Katherine Polk Failla |
| Agriculture Acts |
| 28 U.S.C. ยง 1346 |
| None |
Docket Report
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Filing 12
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 $8,478.00, payable within 60 days of the date that Plaintiff signs this Stipulation and Order of Settlement ("Stipulation"). Plaintiff's payment shall be made by certified check or money order, made payable to the Food and Nutrition Service, and shall be delivered by certified or registered mail to the United States Department of Agriculture, Food and Nutrition Service, USDA-FNS-HQ, P.O. Box 979027, St. Louis MO 63197-900. The check shall identify in the "memo" section the case name and docket number. Plaintiff acknowledges that it fully understands the waivers of rights set forth in this Stipulation and knowingly and voluntarily waives those rights after a full and complete opportunity to consult an attorney regarding said waivers and their meaning. The Parties acknowledge, understand, and agree that this Stipulation sets forth theentire agreement between the Parties relating to the subject matter hereof. This Stipulation shall be binding upon and inure to the benefit of the Parties and their respective legal representatives, successors, and assigns. It is contemplated that this Stipulation may be executed in several counterparts. All such counterparts and signature pages, together, shall be deemed to be one document. This Court shall retain jurisdiction over this action to enforce this Stipulation. SO ORDERED. (Signed by Judge Katherine Polk Failla on 8/16/2019) (rro)
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| Filing 11 PROPOSED STIPULATION AND ORDER. Document filed by United States Department of Agriculture, United States of America. (Brennan, Mary) |
| Filing 10 AFFIDAVIT OF SERVICE of Summons and Complaint. United States Department of Agriculture served on 6/26/2019, answer due 7/17/2019; United States of America served on 6/26/2019, answer due 7/17/2019. Service was accepted by Osrick Gordon, Civil Clerk. Document filed by El Rancho Deli Grocery Corp.. (Attachments: #1 Exhibit Proofs of Service)(Sharav, Benjamin) |
| Filing 9 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by El Rancho Deli Grocery Corp..(Sharav, Benjamin) |
| Filing 8 NOTICE OF APPEARANCE by Benjamin Sharav on behalf of El Rancho Deli Grocery Corp.. (Sharav, Benjamin) |
| Filing 7 NOTICE OF APPEARANCE by Victor Jose Molina, Jr on behalf of El Rancho Deli Grocery Corp.. (Molina, Victor) |
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Filing 6
MEMO ENDORSEMENT on re: #4 LETTER addressed to Judge Katherine Polk Failla from Mary Ellen Brennan dated 6/24/19 re: Plaintiff's request for a TRO. Document filed by United States Department of Agriculture, United States of America. ENDORSEMENT: The Court takes notice that Plaintiff and Defendants have agreed to a stay of the suspension and disqualification of Plaintiff from the SNAP program. The suspension and disqualification is hereby stayed until further order of this Court. Plaintiff's application for a temporary restraining order and preliminary injunction is accordingly denied as moot. The hearing scheduled for June 25, 2019, is ADJOURNED sine die. So ordered. The following hearing(s) was terminated: Show Cause Hearing. (Signed by Judge Katherine Polk Failla on 6/24/2019) (rjm)
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| Filing 5 NOTICE OF APPEARANCE by Mary Ellen Brennan on behalf of United States Department of Agriculture, United States of America. (Brennan, Mary) |
| Filing 4 LETTER addressed to Judge Katherine Polk Failla from Mary Ellen Brennan dated 6/24/19 re: Plaintiff's request for a TRO. Document filed by United States Department of Agriculture, United States of America.(Brennan, Mary) |
| Minute Entry for proceedings held before Judge Katherine Polk Failla: Telephone Conference held on 6/21/2019. Attorney Benjamin Sharav representing Plaintiff present. Deputy Chief AUSA Jean-David Bamea on behalf of the government present via telephonically. AUSA Mary Ellen Brennan was assigned to this case. Hearing on TRO was scheduled for June 25, 2019. (Court Reporter Khris Sellin) (tn) |
| Filing 3 NOTICE OF CONFERENCE: A Preliminary Injunction Hearing is set for 6/25/2019 at 03:45 PM in Courtroom 618, 40 Centre Street, New York, NY 10007 before Judge Katherine Polk Failla. (tn) |
| Filing 2 CIVIL COVER SHEET filed. (jgo) (jgo). |
| Filing 1 COMPLAINT against United States Department of Agriculture, United States of America. (Filing Fee $ 400.00, Receipt Number 465401238316)Document filed by El Rancho Deli Grocery Corp..(jgo) (jgo). |
| SUMMONS ISSUED as to United States Department of Agriculture. (jgo) |
| Case Designated ECF. (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) |
| SUMMONS ISSUED as to United States of America. (jgo) |
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