672 E. 138th Street Food Corp. v. United States Of America et al
| 672 E. 138th Street Food Corp. |
| United States Department of Agriculture and UNITED STATES OF AMERICA |
| 1:2020cv06052 |
| August 3, 2020 |
| US District Court for the Southern District of New York |
| Paul A Engelmayer |
| Agriculture Acts |
| 07 U.S.C. § 2011 |
| None |
Docket Report
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This docket was last retrieved on September 8, 2020. A more recent docket listing may be available from PACER.
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Filing 17
STIPULATION AND ORDER OF SETTLEMENT: IT IS STIPULATED AND AGREED, by and between the Parties, through their respective counsel, as follows: 1. This action is dismissed with prejudice and without costs, expenses, or attorney's fees. 2. In lieu of Plaintiff's temporary six-month disqualification from SNAP, Plaintiff agrees to pay FNS a civil money penalty totaling $8,532.00, payable within 60 days of the date that Plaintiff signs this Stipulation. Plaintiff's payment shall be made in one lump sum. Plaintiff's payment 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 check shall identify in the "memo" section the case name, docket number, and the FNS number (2774496). As further set forth in this Order. 11. This Stipulation shall be effective solely upon its approval and entry by the Court, at which time it shall be binding upon and inure to the benefit of the Parties and their respective legal representatives, successors, and assigns. 12. 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. 13. This Court shall retain jurisdiction over this action to enforce this Stipulation. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 9/8/2020) (ks) Transmission to Finance Unit (Cashiers) for processing.
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| Filing 16 PROPOSED STIPULATION AND ORDER. Document filed by United States Department of Agriculture, United States Of America..(Kahane, Joshua) |
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Filing 15
STIPULATION AND ORDER STAYING PLAINTIFF'S DISQUALIFICATION FROM THE SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM PENDING FINAL DISPOSITION: IT IS HEREBY STIPULATED, CONSENTED, AND AGREED by and between Plaintiff and the USDA, by their respective undersigned attorneys, that: 1. The USDA agrees to stay its October 9, 2019 decision disqualifying Plaintiff from participating in SNAP during the pendency of this action (the "Stay"), without prejudice to USDA's right to move to vacate the Stay upon further case developments or changed circumstances. The Stay will be in effect until the Court issues a final decision in this action; however, the Stay will not remain in effect during the duration of any appeals, and as further set forth in this stipulation. (Signed by Judge Paul A. Engelmayer on 8/6/2020) (jwh)
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| Filing 14 ELECTRONIC SUMMONS ISSUED as to United States Department of Agriculture..(dnh) |
| Filing 13 AFFIDAVIT OF SERVICE of Summons and Complaint,, served. United States Department of Agriculture served on 8/5/2020, answer due 10/5/2020; United States Of America served on 8/5/2020, answer due 10/5/2020. Service was made by MAIL. Document filed by 672 E. 138th Street Food Corp.. (Attachments: #1 Exhibit Summons, United States, #2 Exhibit Proofs of Certified Mailing).(Sharav, Benjamin) |
| Filing 12 REQUEST FOR ISSUANCE OF SUMMONS as to United States Department of Agriculture, re: #1 Complaint,,. Document filed by 672 E. 138th Street Food Corp...(Sharav, Benjamin) |
| Filing 11 PROPOSED STIPULATION AND ORDER. Document filed by United States Department of Agriculture, United States Of America..(Kahane, Joshua) |
| 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 ELECTRONIC SUMMONS ISSUED as to United States Of America, U.S. Attorney and U.S. Attorney General..(dnh) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Benjamin Sharav to RE-FILE Document No. #3 Request for Issuance of Summons. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the issuance of summons is not correct; the caption on the summons PDF must correspond with the caption on the pleading. Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (dnh) |
| Case Designated ECF. (dnh) |
| 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: #https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (dnh) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Benjamin Sharav. The party information for the following party/parties has been modified: UNITED STATES OF AMERICA ; 672 E. 138th Street Food Corp.. The information for the party/parties has been modified for the following reason/reasons: party name was entered in all caps; party role was entered incorrectly. (dnh) |
| ***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Benjamin Sharav. The following case opening statistical information was erroneously selected/entered: Jurisdiction code 3 (Federal Question); County code New York. The following correction(s) have been made to your case entry: the Jurisdiction code has been modified to 2 (U.S. Government Defendant); the County code has been modified to Bronx. (dnh) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Paul A. Engelmayer. Please download and review the Individual Practices of the assigned District Judge, located at #https://nysd.uscourts.gov/judges/district-judges. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at #https://nysd.uscourts.gov/rules/ecf-related-instructions..(dnh) |
| Filing 8 AMENDED RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by 672 E. 138th Street Food Corp...(Sharav, Benjamin) |
| Filing 7 NOTICE OF APPEARANCE by Victor Jose Molina, Jr on behalf of 672 E. 138th Street Food Corp...(Molina, Victor) |
| Filing 6 NOTICE OF APPEARANCE by Benjamin Sharav on behalf of 672 E. 138th Street Food Corp...(Sharav, Benjamin) |
| Filing 5 FILING ERROR - WRONG PDF FILE ASSOCIATED WITH DOCKET ENTRY (SEE DOCUMENT #8) - RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by 672 E. 138th Street Food Corp...(Sharav, Benjamin) Modified on 8/20/2020 (ldi). |
| Filing 4 REQUEST FOR ISSUANCE OF SUMMONS as to United States Of America, re: #1 Complaint,,. Document filed by 672 E. 138th Street Food Corp...(Sharav, Benjamin) |
| Filing 3 FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to United States Department of Agriculture, re: #1 Complaint,,. Document filed by 672 E. 138th Street Food Corp...(Sharav, Benjamin) Modified on 8/4/2020 (dnh). |
| Filing 2 CIVIL COVER SHEET filed..(Sharav, Benjamin) |
| Filing 1 COMPLAINT against UNITED STATES OF AMERICA, United States Department of Agriculture. (Filing Fee $ 400.00, Receipt Number ANYSDC-20979098)Document filed by 672 E. 138th Street Food Corp.. (Attachments: #1 Exhibit Exh. A - Final Agency DecisionDated July 6, 2020, #2 Exhibit Exh. B - USDA FNS Charging LetterAugust 1, 2019, #3 Exhibit Exh. C - Retailers Response to Charging Letter-- August 26, 2019, #4 Exhibit Exh. D - FNS Disqualification Letter-- October 9, 2019, #5 Exhibit Exh. E - Retailers Request for Administrative Review -- October 17, 2019).(Sharav, Benjamin) |
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