Noble Deli Grocery Corp. v. United States Of America et al
| Noble Deli Grocery Corp. |
| United States Department of Agriculture and United States Of America |
| 1:2019cv06962 |
| July 25, 2019 |
| 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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This docket was last retrieved on September 9, 2019. A more recent docket listing may be available from PACER.
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Filing 14
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 $4,116.00, 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 identify in the "memo" section the case name and docket number. If Plaintiff fails to make the payments referenced in paragraph 2 above, or any portions of those payments, when due, after a seven-day grace period, Plaintiff shall be deemed in default of this Stipulation, and Plaintiff agrees that: (a) Plaintiff will be immediately disqualified from SNAP for six months; (b) Plaintiff waives the right to administrative or judicial review of such disqualification; and (c) Plaintiff forfeits any portion of the total civil money penalty that Plaintiff has already paid. This Court shall retain jurisdiction over this action to enforce this Stipulation. And as set forth herein. SO ORDERED. (Signed by Judge George B. Daniels on 9/09/2019) (ama)
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| Filing 13 PROPOSED STIPULATION AND ORDER. Document filed by United States Department of Agriculture, United States Of America. (Kahane, Joshua) |
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Filing 12
ORDER: granting #11 Letter Motion to Continue. The show cause hearing is adjourned from August 1, 2019 to September 10, 2019 at 10:30 a.m. SO ORDERED. Show Cause Hearing set for 9/10/2019 at 10:30 AM before Judge George B. Daniels. (Signed by Judge George B. Daniels on 7/31/2019) (ama)
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| Filing 11 LETTER MOTION to Continue /Adjourn Hearing addressed to Judge George B. Daniels from Benjamin Sharav dated July 30, 2019. Document filed by Noble Deli Grocery Corp..(Sharav, Benjamin) |
| Filing 10 NOTICE OF APPEARANCE by Joshua Evan Kahane on behalf of United States Department of Agriculture, United States Of America. (Kahane, Joshua) |
| Filing 9 AFFIDAVIT of Attorney Benjamin Sharav in Support re: #3 Order to Show Cause,,,,. Document filed by Noble Deli Grocery Corp.. (Attachments: #1 Exhibit Exh A- 2019-06-24--USDA--FINAL AGENCY DECISION, Delivery 2019-06-28, #2 Exhibit Exh B- 2019-03-20--USDA--CHARGING LETTER, #3 Exhibit Exh C- 2019-03-27--RETAILER RESPONSE TO CHARGING LETTER, #4 Exhibit Exh D- 2019-04-23--USDA--DISQUALIFICATION DECISION, #5 Exhibit Exh E- 2019-05-03--RETAILER REQUEST FOR ADMINISTRATIVE REVIEW, #6 Exhibit Exh F- 2019-07-24--Noble Deli Grocery Corp.--SNAP OSC--Notification)(Sharav, Benjamin) |
| Filing 8 AFFIRMATION of Armando Martinez in Support re: #3 Order to Show Cause,,,,. Document filed by Noble Deli Grocery Corp.. (Sharav, Benjamin) |
| Filing 7 AFFIRMATION of Attorney Benjamin Sharav in Support re: #3 Order to Show Cause,,,,. Document filed by Noble Deli Grocery Corp.. (Sharav, Benjamin) |
| Filing 6 MEMORANDUM OF LAW in Support re: #3 Order to Show Cause,,,, . Document filed by Noble Deli Grocery Corp.. (Sharav, Benjamin) |
| Filing 5 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Noble Deli Grocery Corp..(Sharav, Benjamin) |
| Filing 4 AFFIDAVIT OF SERVICE of Summons and Complaint served. United States Department of Agriculture served on 7/26/2019, answer due 9/24/2019; United States Of America served on 7/26/2019, answer due 9/24/2019. Service was accepted by Osrick Gordon, Civil Clerk. Document filed by Noble Deli Grocery Corp.. (Attachments: #1 Exhibit Proofs of Service)(Sharav, Benjamin) |
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Filing 3
ORDER TO SHOW CAUSE FOR PRELIMINARY INJUNCTION AND TEMPORARY RESTRAINING ORDER filed by Noble 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. Show Cause Hearing set for 8/1/2019 at 10:30 AM in Courtroom 11A, 500 Pearl Street, New York, NY 10007 before Judge George B. Daniels. 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 Friday, July 26, 2019, shall be deemed good and sufficient service thereof. (Signed by Judge George B. Daniels on 7/25/2019) (jwh)
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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 465401240692)Document filed by Noble Deli Grocery Corp..(pc) (pc). |
| SUMMONS ISSUED as to United States Department of Agriculture, United States Of America. (pc) |
| 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. (pc) |
| Case Designated ECF. (pc) |
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