R & M #1 Deli Grocery Corp. v. United States of America et al
| R & M #1 Deli Grocery Corp. |
| United States Department of Agriculture and United States of America |
| 1:2020cv01639 |
| February 25, 2020 |
| US District Court for the Southern District of New York |
| Gregory H Woods |
| Agriculture Acts |
| 28 U.S.C. § 1346 |
| None |
Docket Report
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Filing 18
ORDER granting #17 Letter Motion for Extension of Time. Application Granted. The deadline for Defendant to respond to the complaint is extended to May 27, 2020. SO ORDERED. (Signed by Judge Gregory H. Woods on 4/23/2020) (ama)
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| Set/Reset Deadlines: United States Department of Agriculture answer due 5/27/2020; United States of America answer due 5/27/2020. (ama) |
| Filing 17 CONSENT LETTER MOTION for Extension of Time to respond to the Complaint addressed to Judge Gregory H. Woods from Mary Ellen Brennan dated 4/23/20. Document filed by United States Department of Agriculture, United States of America..(Brennan, Mary) |
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Filing 16
MEMO ENDORSEMENT on re: #14 Letter consent to temporary stay of disqualification, filed by United States of America, United States Department of Agriculture. ENDORSEMENT: Application denied. The Court does not believe that it is necessary for the Court to order a stay in this case given that the parties have so stipulated. Moreover, the Court denied plaintiff's prior application for the entry of a stay; no additional information has been presented to the Court to support a Court-ordered stay. The show cause hearing scheduled for March 11, 2020 at 4 p.m. is adjourned sine die. SO ORDERED. (Signed by Judge Gregory H. Woods on 3/3/20) (yv)
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| Filing 15 NOTICE OF APPEARANCE by Mary Ellen Brennan on behalf of United States Department of Agriculture, United States of America..(Brennan, Mary) |
| Filing 14 LETTER addressed to Judge Gregory H. Woods from Mary Ellen Brennan dated 3/3/20 re: Government's consent to temporary stay of disqualification. Document filed by United States Department of Agriculture, United States of America. (Attachments: #1 Proposed Stipulation and Order).(Brennan, Mary) |
| Filing 13 AFFIDAVIT of Benjamin Sharav in Support re: #6 Order to Show Cause,,,,,. Document filed by R & M #1 Deli Grocery Corp.. (Attachments: #1 Exhibit EXH. A--Final Agency DecisionDated January 28, 2020, #2 Exhibit EXH. B--USDA FNS Charging LetterAugust 22, 2019, #3 Exhibit EXH. C--Retailers Response to Charging Letter-- August 30, 2019, #4 Exhibit EXH. D--FNS Disqualification Letter-- September 11, 2019, #5 Exhibit EXH. E--Retailers Request for Administrative Review -- September 17, 2019, #6 Exhibit EXH. F--FNS Acknowledgement of Request for Administrative Review -- December 6, 2019, #7 Exhibit EXH. G--Notification to Defendant of Order to Show Cause -- February 24, 2020).(Sharav, Benjamin) |
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Filing 12
NOTICE OF INITIAL CONFERENCE: This case has been assigned to me for all purposes. It is hereby ORDERED that counsel for all parties appear for an initial conference with the Court at the time and place listed below. DUE DATE OF JOINT LETTER: May 13, 2020. DATE AND PLACE OF CONFERENCE: May 20, 2020 at 4:30 p.m. in Courtroom 12C of the United States District Court for the Southern District of New York, Daniel Patrick Moynihan U.S. Courthouse at 500 Pearl Street, New York, New York, 10007. And as set forth herein. SO ORDERED. Initial Conference set for 5/20/2020 at 04:30 PM in Courtroom 12C, 500 Pearl Street, New York, NY 10007 before Judge Gregory H. Woods. (Signed by Judge Gregory H. Woods on 2/25/2020) (ama)
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| Filing 11 AFFIRMATION in Support re: #6 Order to Show Cause,,,,,., AFFIDAVIT in Support re: #6 Order to Show Cause,,,,,. Document filed by R & M #1 Deli Grocery Corp...(Sharav, Benjamin) |
| Filing 10 AFFIRMATION of Benjamin Sharav in Support re: #6 Order to Show Cause,,,,,. Document filed by R & M #1 Deli Grocery Corp...(Sharav, Benjamin) |
| Filing 9 MEMORANDUM OF LAW in Support re: #6 Order to Show Cause,,,,, . Document filed by R & M #1 Deli Grocery Corp...(Sharav, Benjamin) |
| Filing 8 AFFIDAVIT of Benjamin Sharav re: #6 Order to Show Cause,,,,, Affidavit of Service. Document filed by R & M #1 Deli Grocery Corp.. (Attachments: #1 Exhibit Proofs of Service).(Sharav, Benjamin) |
| Filing 7 AFFIDAVIT OF SERVICE of Summons and Complaint served. United States Department of Agriculture served on 2/26/2020, answer due 4/27/2020; United States of America served on 2/26/2020, answer due 4/27/2020. Service was accepted by Lisa Ahearn, Civil Clerk. Document filed by R & M #1 Deli Grocery Corp.. (Attachments: #1 Exhibit Proofs of Service).(Sharav, Benjamin) |
| Filing 5 NOTICE OF APPEARANCE by Victor Jose Molina, Jr on behalf of R & M #1 Deli Grocery Corp...(Molina, Victor) |
| Filing 4 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by R & M #1 Deli Grocery Corp...(Sharav, Benjamin) |
| Filing 3 NOTICE OF APPEARANCE by Benjamin Sharav on behalf of R & M #1 Deli Grocery Corp...(Sharav, Benjamin) |
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Filing 6
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 l2c, United States Courthouse, 500 Pearl Street, in the, county of New York, City, and State of New York, on March 11, 2020, at 4:00 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 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/ 3rd Floor, New York, NY 10007 on or before February 27, 2020, shall be deemed good and sufficient service thereof. (Show Cause Hearing set for 3/11/2020 at 04:00 PM in Courtroom 12C, 500 Pearl Street, New York, NY 10007 before Judge Gregory H. Woods.) (Signed by Judge Gregory H. Woods on 2/25/20) (yv)
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| Filing 2 CIVIL COVER SHEET filed..(jgo) |
| Filing 1 COMPLAINT against United States Department of Agriculture, United States of America. (Filing Fee $ 400.00, Receipt Number 465401255356)Document filed by R & M #1 Deli Grocery Corp...(jgo) |
| SUMMONS ISSUED as to United States Department of Agriculture, United States of America..(jgo) |
| Case Designated ECF. (jgo) |
| Magistrate Judge Ona T. Wang 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: #https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (jgo) |
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