Loma Deli Grocery Corp. et al v. United States of America
Plaintiff: Kevin Rodriguez and Loma Deli Grocery Corp.
Defendant: United States of America
Case Number: 1:2020cv07236
Filed: September 4, 2020
Court: US District Court for the Southern District of New York
Presiding Judge: John P Cronan
Nature of Suit: Other Statutory Actions
Jury Demanded By: None
Docket Report

This docket was last retrieved on September 13, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
October 28, 2020 Opinion or Order Filing 26 ORDER granting #25 Letter Motion to Adjourn Conference; granting #25 Letter Motion for Extension of Time: It is hereby ORDERED that the parties' request is GRANTED. The telephone conference currently scheduled for November 9, 2020 is hereby adjourned to December 9, 2020 at 3:30 p.m. At the scheduled time, counsel for all parties should call (866) 434-5269, access code 9176261. It is further ORDERED that the parties shall have until December 2, 2020 to submit a proposed case management plan and joint letter as outlined in the Court's October 2, 2020 Order. (Dkt. 20.) (Initial Conference set for 12/9/2020 at 03:30 PM before Judge John P. Cronan.). (Signed by Judge John P. Cronan on 10/28/2020) (jwh)
October 28, 2020 Opinion or Order Filing 25 JOINT LETTER MOTION to Adjourn Conference to a date on or after 12/9/20 addressed to Judge John P. Cronan from Joshua Kahane dated 10/28/20., JOINT LETTER MOTION for Extension of Time to 12/2/20 addressed to Judge John P. Cronan from Joshua Kahane dated 10/28/20. Document filed by United States of America..(Kahane, Joshua)
October 28, 2020 Opinion or Order Filing 24 JOINT LETTER addressed to Judge John P. Cronan from Joshua Kahane dated 10/28/20 re: parties do not consent to a Magistrate Judge. Document filed by United States of America..(Kahane, Joshua)
October 8, 2020 Opinion or Order Filing 23 CERTIFICATE OF SERVICE of Complaint served on United States Department of Agriculture-Food and Nutrition Service on 09/26/2020. Service was accepted by E.D. Wright. Service was made by Mail. Document filed by Loma Deli Grocery Corp., Kevin Rodriguez. (Attachments: #1 Exhibit A-PS Form 3811).(Tapp, Andrew)
October 8, 2020 Opinion or Order Filing 22 CERTIFICATE OF SERVICE of Complaint served on Attorney General of the United States on 09/28/2020. Service was accepted by Illegible. Service was made by Mail. Document filed by Loma Deli Grocery Corp., Kevin Rodriguez. (Attachments: #1 Exhibit A-PS Form 3811).(Tapp, Andrew)
October 8, 2020 Opinion or Order Filing 21 CERTIFICATE OF SERVICE of Summons and Complaint served. United States of America served on 9/24/2020, answer due 11/23/2020. Service was accepted by Illegible. Service was made by Mail. Document filed by Loma Deli Grocery Corp.; Kevin Rodriguez. (Attachments: #1 Exhibit A-PS Form 3811).(Tapp, Andrew)
October 2, 2020 Opinion or Order Filing 20 NOTICE OF REASSIGNMENT: This case has been reassigned to the undersigned. Unless and until the Court orders otherwise, all prior orders, dates, and deadlines shall remain in effect notwithstanding the case's reassignment. The conference scheduled for November 9, 2020 at 10:20 a.m. shall take place as scheduled. In light of the ongoing COVID-19 pandemic, the Court will conduct the conference by teleconference. At the scheduled time, counsel for all parties should call (866) 434-5269, access code 9176261. Absent leave of Court obtained by letter-motion filed before the conference, all pretrial conferences must be attended by the attorney who will serve as principal trial counsel. All counsel must familiarize themselves with the Court's Individual Rules, which are available at https://www.nysd.uscourts.gov/hon-john-p-cronan and further set forth in this Order. (Initial Conference set for 11/9/2020 at 10:20 AM before Judge John Peter Cronan.) (Signed by Judge John Peter Cronan on 10/2/2020) (rro)
September 29, 2020 Opinion or Order NOTICE OF CASE REASSIGNMENT to Judge John Peter Cronan. Judge Analisa Torres is no longer assigned to the case. (aea)
September 25, 2020 Opinion or Order Filing 19 NOTICE OF APPEARANCE by Joshua Evan Kahane on behalf of United States of America..(Kahane, Joshua)
September 21, 2020 Opinion or Order Filing 18 ELECTRONIC SUMMONS ISSUED as to United States of America..(dnh)
September 21, 2020 Opinion or Order Filing 17 ELECTRONIC SUMMONS ISSUED as to United States of America..(dnh)
September 21, 2020 Opinion or Order Filing 16 ELECTRONIC SUMMONS ISSUED as to United States of America..(dnh)
September 18, 2020 Opinion or Order Filing 15 REQUEST FOR ISSUANCE OF SUMMONS as to United States of America c/o United States Department of Agriculture-Food and Nutrition Services, re: #1 Complaint. Document filed by Loma Deli Grocery Corp., Kevin Rodriguez..(Tapp, Andrew)
September 18, 2020 Opinion or Order Filing 14 REQUEST FOR ISSUANCE OF SUMMONS as to United States of America c/o Attorney General of the United States, re: #1 Complaint. Document filed by Loma Deli Grocery Corp., Kevin Rodriguez..(Tapp, Andrew)
September 18, 2020 Opinion or Order Filing 13 REQUEST FOR ISSUANCE OF SUMMONS as to United States of America c/o Civil Process Clerk-U.S. Attorney's Office-Southern District of New York, re: #1 Complaint. Document filed by Loma Deli Grocery Corp., Kevin Rodriguez..(Tapp, Andrew)
September 18, 2020 Opinion or Order ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Andrew Zachary Tapp to RE-FILE Document No. #10 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; summonses may only be requested for parties of record. List the party of record in the as to docket entry text and in the 'To:' section of the summons PDF. Each summons request must be filed as a separate event type or one summons may be issued to multiple parties by attaching a rider. 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)
September 17, 2020 Opinion or Order Filing 12 ORDER granting #9 Motion for Andrew Z. Tapp to Appear Pro Hac Vice; granting #11 Motion for Andrew Z. Tapp to Appear Pro Hac Vice (HEREBY ORDERED by Judge Analisa Torres)(Text Only Order) (ap)
September 17, 2020 Opinion or Order Filing 11 MOTION for Andrew Z. Tapp to Appear Pro Hac Vice Corrected Motion to Appear Pro Hac Vice. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Loma Deli Grocery Corp., Kevin Rodriguez. (Attachments: #1 Affidavit of Andrew Z. Tapp, #2 Exhibit A - Certificate of Good Standing, #3 Text of Proposed Order).(Tapp, Andrew)
September 17, 2020 Opinion or Order Filing 10 FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to (1) U.S. Attorney's Office-Southern District of New York; (2) Attorney General of the United States; and (3) United States Department of Agriculture-Food and Nutrition Services, re: #1 Complaint. Document filed by Loma Deli Grocery Corp., Kevin Rodriguez. (Attachments: #1 Request for Summons-Attorney General, #2 Request for Summons-USDA-FNS).(Tapp, Andrew) Modified on 9/18/2020 (dnh).
September 17, 2020 Opinion or Order Filing 9 MOTION for Andrew Z. Tapp to Appear Pro Hac Vice Corrected Motion to Appear Pro Hac Vice. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Loma Deli Grocery Corp., Kevin Rodriguez. (Attachments: #1 Affidavit of Andrew Z. Tapp, #2 Exhibit A - Certificate of Good Standing, #3 Text of Proposed Order).(Tapp, Andrew)
September 17, 2020 Opinion or Order >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #9 MOTION for Andrew Z. Tapp to Appear Pro Hac Vice Corrected Motion to Appear Pro Hac Vice. Motion and supporting papers to be reviewed by Clerk's Office staff., #11 MOTION for Andrew Z. Tapp to Appear Pro Hac Vice Corrected Motion to Appear Pro Hac Vice. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (aea)
September 9, 2020 Opinion or Order >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #8 MOTION for Andrew Z. Tapp to Appear Pro Hac Vice Corrected Motion to Appear Pro Hac Vice. Motion and supporting papers to be reviewed by Clerk's Office staff... The filing is deficient for the following reason(s): missing Certificate of Good Standing from SUPREME COURT OF DC;. Re-file the motion as a Corrected Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Proposed Order.. (vba)
September 8, 2020 Opinion or Order Filing 8 Filing Error - Deficient Docket Entry - MOTION for Andrew Z. Tapp to Appear Pro Hac Vice Corrected Motion to Appear Pro Hac Vice. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Loma Deli Grocery Corp., Kevin Rodriguez. (Attachments: #1 Affidavit of Andrew Z. Tapp, #2 Exhibit A, #3 Exhibit B, #4 Text of Proposed Order Proposed Order).(Tapp, Andrew) Modified on 9/9/2020 (vba).
September 8, 2020 Opinion or Order Filing 7 ORDER: To conserve resources, to promote judicial efficiency, and in an effort to achieve a faster disposition of this matter, it is hereby ORDERED that the parties discuss whether they are willing to consent, under 28 U.S.C. 636(c), to conducting all further proceedings before the assigned Magistrate Judge. (as further set forth herein). SO ORDERED. (Signed by Judge Analisa Torres on 9/8/2020) (kv)
September 8, 2020 Opinion or Order Filing 6 INITIAL PRETRIAL CONFERENCE ORDER: Counsel for all parties are directed to appear for an initial pretrial conference, in accordance with Rule 16 of the Federal Rules of Civil Procedure, at 10:20 a.m., on November 9, 2020, to be held telephonically. The parties are directed to dial 888-398-2342 or 215-861-0674, and enter access code 5598827. Principal trial counsel must appear at this and all subsequent conferences. Initial Conference set for 11/9/2020 at 10:20 AM before Judge Analisa Torres. (Signed by Judge Analisa Torres on 9/8/2020) (kv)
September 8, 2020 Opinion or Order Filing 5 ORDER: To protect the public health, while promoting the "just, speedy, and inexpensive determination of every action and proceeding," Fed. R. Civ. P. 1, it is ORDERED pursuant to Rules 30(b)(3) and 30(b)(4) of the Federal Rules of Civil Procedure that all depositions in this action may be taken via telephone, videoconference, or other remote means. It is further ORDERED pursuant to Rule 30(b)(5) that a deposition will be deemed to have taken place "before an officer appointed or designated under Rule 28" if such officer attends the deposition using the same remote means used to connect all other participants, so long as all participants (including the officer) can clearly hear and be heard by all other participants. The parties are encouraged to engage in discovery through remote means at every available opportunity. SO ORDERED. (Signed by Judge Analisa Torres on 9/8/2020) (kv)
September 8, 2020 Opinion or Order Filing 4 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Andrew Z. Tapp to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-21543888. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Loma Deli Grocery Corp., Kevin Rodriguez. (Attachments: #1 Affidavit of Andrew Z. Tapp, #2 Exhibit A, #3 Exhibit B, #4 Text of Proposed Order).(Tapp, Andrew) Modified on 9/8/2020 (vba).
September 8, 2020 Opinion or Order ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Andrew Zachary Tapp. The party information for the following party/parties has been modified: Loma Deli Grocery Corp.; Kevin Rodriguez. The information for the party/parties has been modified for the following reason/reasons: party text was omitted;. (jgo)
September 8, 2020 Opinion or Order ***NOTICE TO ATTORNEY REGARDING CIVIL CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Andrew Zachary Tapp. The following case opening statistical information was erroneously selected/entered: Cause of Action code Civil Miscellaneous Case;. The following correction(s) have been made to your case entry: the Cause of Action code has been modified to 07:2023;. (jgo)
September 8, 2020 Opinion or Order CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Analisa Torres. 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..(jgo)
September 8, 2020 Opinion or Order Magistrate Judge Stewart D. Aaron 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)
September 8, 2020 Opinion or Order Case Designated ECF. (jgo)
September 8, 2020 Opinion or Order >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #4 MOTION for Andrew Z. Tapp to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-21543888. Motion and supporting papers to be reviewed by Clerk's Office staff... The filing is deficient for the following reason(s): missing Certificate of Good Standing from SUPREME COURT DC; AFFIDAVIT NOT NOTARIZED;. Re-file the motion as a Corrected Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Proposed Order.. (vba)
September 4, 2020 Opinion or Order Filing 3 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Loma Deli Grocery Corp., Kevin Rodriguez..(Tapp, Andrew)
September 4, 2020 Opinion or Order Filing 2 CIVIL COVER SHEET filed..(Tapp, Andrew)
September 4, 2020 Opinion or Order Filing 1 COMPLAINT against United States of America. (Filing Fee $ 400.00, Receipt Number ANYSDC-21494414)Document filed by Loma Deli Grocery Corp., Kevin Rodriguez. (Attachments: #1 Exhibit A).(Tapp, Andrew)

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Plaintiff: Kevin Rodriguez
Represented By: Andrew Zachary Tapp
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Plaintiff: Loma Deli Grocery Corp.
Represented By: Andrew Zachary Tapp
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Defendant: United States of America
Represented By: Joshua Evan Kahane
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