C & V Deli Grocery Corp. v. United States Of America et al
| C & V Deli Grocery Corp. |
| United States Department of Agriculture and United States Of America |
| 1:2020cv07362 |
| September 10, 2020 |
| US District Court for the Southern District of New York |
| Paul G Gardephe |
| Agriculture Acts |
| 07 U.S.C. ยง 2011 |
| None |
Docket Report
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| Document Text |
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| Filing 13 AFFIDAVIT OF SERVICE of Summons and Complaint,, served. United States Department of Agriculture served on 9/29/2020, answer due 11/30/2020; United States Of America served on 9/29/2020, answer due 11/30/2020. Service was made by MAIL. Document filed by C & V Deli Grocery Corp.. (Attachments: #1 Exhibit Summonses, #2 Exhibit Proofs of Certified Mailing).(Sharav, Benjamin) |
Filing 12
STIPULATION TO STAY 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 August 17, 2020 decision disqualifying Plaintiff from participating in SNAP during the pendency of this action (the "Stay"), without prejudice to USDAs right to move to vacate the Stay upon further case developments or changedcircumstances. 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. 2. During the Stay, Plaintiff shall abide by, and be governed by, all the rules and regulations of the SNAP in the same manner as Plaintiff would have been required to do had the disqualification not taken place. 3. The USDA's agreement to stay Plaintiff's disqualification from the SNAP during the pendency of the above-captioned action shall not in any manner be construed to be a concession of liability (or a concession that the subject disqualification was improper or unlawful in any way), nor shall the Stay limit the USDA's right to oppose Plaintiff's claims and the relief sought in Plaintiff's complaint filed in the above-captioned action. SO ORDERED. (Signed by Judge Paul G. Gardephe on 9/22/2020) (ks)
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| Filing 11 PROPOSED STIPULATION AND ORDER. Document filed by United States Department of Agriculture, United States Of America..(Brennan, Mary) |
| Filing 10 NOTICE OF APPEARANCE by Mary Ellen Brennan on behalf of United States Department of Agriculture, United States Of America..(Brennan, Mary) |
| Filing 9 ELECTRONIC SUMMONS ISSUED as to United States Of America..(jgo) |
| Filing 8 ELECTRONIC SUMMONS ISSUED as to United States Department of Agriculture..(jgo) |
| Magistrate Judge Katharine H. Parker 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) |
| Case Designated ECF. (jgo) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Paul G. Gardephe. 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) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Victor Jose Molina, Jr. The party information for the following party/parties has been modified: C & V Deli Grocery Corp.. The information for the party/parties has been modified for the following reason/reasons: party role was entered incorrectly;. (jgo) |
| ***NOTICE TO ATTORNEY REGARDING CIVIL CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Victor Jose Molina, Jr. The following case opening statistical information was erroneously selected/entered: Jurisdiction code 3 (Federal Question);. The following correction(s) have been made to your case entry: the Jurisdiction code has been modified to 2 (U.S. Government Defendant);. (jgo) |
| Filing 7 NOTICE OF APPEARANCE by Victor Jose Molina, Jr on behalf of C & V Deli Grocery Corp...(Molina, Victor) |
| Filing 6 NOTICE OF APPEARANCE by Benjamin Sharav on behalf of C & V Deli Grocery Corp...(Sharav, Benjamin) |
| Filing 5 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by C & V Deli Grocery Corp...(Sharav, Benjamin) |
| Filing 4 CIVIL COVER SHEET filed..(Sharav, Benjamin) |
| Filing 3 REQUEST FOR ISSUANCE OF SUMMONS as to United States Department of Agriculture, re: #1 Complaint,,. Document filed by C & V Deli Grocery Corp...(Sharav, Benjamin) |
| Filing 2 REQUEST FOR ISSUANCE OF SUMMONS as to United States Of America, re: #1 Complaint,,. Document filed by C & V Deli Grocery Corp...(Sharav, Benjamin) |
| Filing 1 COMPLAINT against United States Department of Agriculture, United States Of America. (Filing Fee $ 400.00, Receipt Number BNYSDC-21583057)Document filed by C & V Deli Grocery Corp.. (Attachments: #1 Exhibit Ex. A--Final Agency DecisionDated August 17, 2020, #2 Exhibit Ex. B--USDA FNS Charging LetterMarch 19, 2020, #3 Exhibit Ex. B--USDA FNS Charging LetterMarch 19, 2020, #4 Exhibit Ex. D--FNS Disqualification Letter-- June 16, 2020, #5 Exhibit Ex. E--Retailers Request for Administrative Review -- June 17, 2020, #6 Exhibit Ex. F--USDA Acknowledgement of Retailers Administrative Review -- July 2, 2020).(Sharav, Benjamin) |
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