Apple Valley Supermarket Inc. et al v. United States Department of Agriculture Food and Nutrition Service et al
| Apple Valley Supermarket Inc., Stephanie Gonzalez and Apple Valley Supermarkets Inc. |
| Administrative Review officer, UNITED STATES OF AMERICA, USDA Food and Nutrition Service, United States and United States Department of Agriculture Food and Nutrition Service |
| 1:2020cv06450 |
| August 13, 2020 |
| US District Court for the Southern District of New York |
| Valerie E Caproni |
| Other Statutes: Administrative Procedures Act/Review or Appeal of Agency Decision |
| 07 U.S.C. § 202 |
| None |
Docket Report
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| Document Text |
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Filing 13
MEMO ENDORSEMENT: on re: #12 Letter filed by Administrative Review Officer, United States Department of Agriculture Food and Nutrition Service, United States. ENDORSEMENT: Application GRANTED. Not later than November 9, 2020, the parties must file a proposed Case Management Plan and a joint letter in compliance with the Court's Notice of Initial Pretrial Conference (Dkt.6). The October 2, 2020 IPTC is canceled. SO ORDERED. (Signed by Judge Valerie E. Caproni on 9/30/2020) (ama)
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| Filing 12 JOINT LETTER addressed to Judge Valerie E. Caproni from Mary Ellen Brennan dated September 28, 2020 re: the Court's August 19, 2020 Order directing the parties to file a proposed Case Management Plan. Document filed by Administrative Review Officer, United States, United States Department of Agriculture Food and Nutrition Service..(Brennan, Mary) |
| Filing 11 NOTICE OF APPEARANCE by Mary Ellen Brennan on behalf of Administrative Review Officer, United States, United States Department of Agriculture Food and Nutrition Service..(Brennan, Mary) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney George A Ortiz to RE-FILE Document No. #10 Request for Issuance of Summons,. The filing is deficient for the following reason(s): the wrong event type was used to file the request for issuance of summons. Re-file the document using the event type Request for Issuance of AMENDED Summons found under the event list Service of Process - select the correct filer/filers - and attach the summons form PDF. (pne) |
| Filing 10 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - REQUEST FOR ISSUANCE OF SUMMONS as to United States, United States Department of Agriculture Food and Nutrition Service, Administrative Review Officer, re: #9 Amended Complaint,. Document filed by Apple Valley Supermarket Inc., Stephanie Gonzalez..(Ortiz, George) Modified on 8/27/2020 (pne). |
| Filing 9 FIRST AMENDED COMPLAINT amending #1 Complaint, against Administrative Review officer, United States, United States Department of Agriculture Food and Nutrition Service.Document filed by Stephanie Gonzalez, Apple Valley Supermarket Inc.. Related document: #1 Complaint,. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 DEC).(Ortiz, George) |
| Filing 8 ELECTRONIC SUMMONS ISSUED as to Administrative Review officer, United States, United States Department of Agriculture Food and Nutrition Service..(pne) |
| Filing 7 REQUEST FOR ISSUANCE OF SUMMONS as to United States, United States Department of Agriculture Food and Nutrition Service, Administrative Review officer, re: #1 Complaint,. Document filed by Apple Valley Supermarket Inc., Stephanie Gonzalez..(Ortiz, George) |
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Filing 6
NOTICE OF INITIAL PRETRIAL CONFERENCE: In light of the COVID-19 situation, the Court will conduct the Initial Pretrial Conference (IPTC) in accordance with Rule 16 of the Federal Rules of Civil Procedure on October 2, 2020 at 10:00 a.m. by teleconference. At the scheduled time, counsel for all parties should call 888-363-4749, Access code 3121171#, Security code 6450. Counsel should submit their proposed case management plan and joint letter as outlined below. In their joint letter, the parties should indicate whether they believe a Rule 16 conference is unnecessary and ask that their proposed Case Management Plan simply be so ordered; or whether they believe a conference would be helpful and have no objection to proceeding by teleconference; or whether they believe a conference would be helpful and request it be adjourned until such time as it can be safely held in person. If the parties prefer an in-person conference, they should propose three mutually-agreed upon Fridays in July for the conference, although the Court does not guarantee it will honor the parties' preferred date. 1. Pursuant to section 1.C of the Court's Individual Practices in Civil Cases, requests for adjournment of the IPTC or any other conference must be made in writing at least 48 hours prior to the scheduled conference. The request must state (1) the reason for the proposed adjournment; (2) the original date of the conference; (3) the number of previous requests for adjournment; (4) whether the other party or parties consent and, if not, the reason given for refusing consent; and (5) proposed alternative dates. This Court encourages plaintiffs to serve defendants promptly. Requests for adjournment of the IPTC will not necessarily be granted on the ground that one or more Defendants have not been served or answered prior to the scheduled IPTC. 2. The parties are directed to submit a joint letter of no more than five pages by September 24, 2020, addressing the following in separate paragraphs: (1) a brief description of the case, including the factual and legal bases for the claim(s) and defense(s); (2) any contemplated motions; (3) the basis for subject matter jurisdiction; and (4) the prospect for settlement. 3. If this case involves claims that arise under the Fair Labor Standards Act (FLSA), the joint letter must indicate whether the Plaintiff(s) intend to move for certification of a collective and whether the Defendant(s) intend to object to such certification. If there will be a disputed motion for a collective, the Court will likely cancel the IPTC, stay discovery, and set a briefing schedule for the motion. 4. The parties are directed to consult the undersigned's Individual Practices in Civil Cases and to confer on a Civil Case Management Plan and Scheduling Order. The Individual Practices and Civil Case Management Plan may be found on the Court's website: https://nysd.uscourts.gov/hon-valerie-e-caproni. The parties must submit the jointly proposed Plan to the Court with their joint letter. 5. Three days before the date of the IPTC, counsel for all parties are required to register as filing users in accordance with the Procedures of Electronic Case Filing and file a Notice of Appearance. 6. Plaintiff's counsel, or the defendant's counsel in removed cases, is responsible for distributing copies of this Notice to all parties. Initial Conference set for 10/2/2020 at 10:00 AM before Judge Valerie E. Caproni. (Signed by Judge Valerie E. Caproni on 8/18/2020) (nb)
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| ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney George A Ortiz to RE-FILE Document No. #5 Request for Issuance of Amended Summons,. The filing is deficient for the following reason(s): the wrong event type was used to file the request for issuance of summons;. 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. (pc) |
| Filing 5 FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUESTED - WRONG EVENT TYPE SELECTED FROM MENU - REQUEST FOR ISSUANCE OF AMENDED SUMMONS as to United States, United States Department of Agriculture Food and Nutrition Service, Administrative Review Officer, re: #1 Complaint,. Document filed by Apple Valley Supermarket Inc., Stephanie Gonzalez..(Ortiz, George) Modified on 8/17/2020 (pc). |
| Filing 4 FILING ERROR - DEFICIENT SUMMONS REQUEST - PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to United States, United States Department of Agriculture Food and Nutrition Service, Administrative Review officer USDA, re: #1 Complaint. Document filed by Apple Valley Supermarket Inc., Stephanie Gonzalez.(Ortiz, George) Modified on 8/14/2020 (sj). |
| Filing 3 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Apple Valley Supermarket Inc., Stephanie Gonzalez..(Ortiz, George) |
| Filing 2 CIVIL COVER SHEET filed..(Ortiz, George) |
| Filing 1 COMPLAINT against Administrative Review officer, UNITED STATES OF AMERICA, USDA Food and Nutrition Service. (Filing Fee $ 400.00, Receipt Number ANYSDC-21150084)Document filed by Stephanie Gonzalez, Apple Valley Supermarket Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Supplement Declaration).(Ortiz, George) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney George A Ortiz. The party information for the following party/parties has been modified: United States; United States Department of Agriculture Food and Nutrition Service. The information for the party/parties has been modified for the following reason/reasons: party name contained a typographical error. (sj) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Valerie E. Caproni. 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..(sj) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney George A Ortiz to RE-FILE Document No. #4 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; Defendant name must match exactly as pleading in caption and docket entry. 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. (sj) |
| Case Designated ECF. (sj) |
| Magistrate Judge Barbara C. Moses 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. (sj) |
| ***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney George A Ortiz. The following case opening statistical information was erroneously selected/entered: Cause of Action code (none). The following correction(s) have been made to your case entry: the Cause of Action code has been modified to 07:2023. (sj) |
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