A & G Deli Grocery III Corp. v. United States of America et al
| A & G Deli Grocery III Corp. |
| United States Department of Agriculture and United States of America |
| 1:2020cv07974 |
| September 25, 2020 |
| US District Court for the Southern District of New York |
| Valerie E Caproni |
| Agriculture Acts |
| 07 U.S.C. § 2011 |
| None |
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This docket was last retrieved on October 19, 2020. A more recent docket listing may be available from PACER.
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Filing 16
STIPULATION AND ORDER OF SETTLEMENT: This action is dismissed with prejudice and without costs, expenses, or attorney's fees. In lieu of Plaintiff's temporary six month disqualification from SNAP, Plaintiff agrees to pay FNS a civil money penalty totaling $2,226.00, payable within 60 days of the date that Plaintiff signs this Stipulation. Plaintiffs 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 (0602689)...and as further set forth in this Order. (Signed by Judge Valerie E. Caproni on 10/19/2020) (tro)
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| Filing 15 PROPOSED STIPULATION AND ORDER. Document filed by United States Department of Agriculture, United States of America..(Kahane, Joshua) |
| Filing 14 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 November 13, 2020 at 2:00 p.m. by teleconference. At the scheduled time, counsel for all parties should call 888-363-4749, Access code 3121171#, Security code 7974. (Initial Conference set for 11/13/2020 at 02:00 PM before Judge Valerie E. Caproni.) (Signed by Judge Valerie E. Caproni on 10/2/2020) (rro) |
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Filing 13
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 August 31, 2020 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. 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 itscomplaint filed in the above-captioned action. SO ORDERED. (Signed by Judge Valerie E. Caproni on 9/30/2020) (ama)
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| Filing 12 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 A & G Deli Grocery III Corp.. (Attachments: #1 Exhibit Summonses, #2 Exhibit Proofs of Certified Mailing).(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..(pc) |
| Filing 8 ELECTRONIC SUMMONS ISSUED as to United States Department of Agriculture..(pc) |
| Case Designated ECF. (pc) |
| Magistrate Judge James L. Cott 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. (pc) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Benjamin Sharav. The party information for the following party/parties has been modified: A & G Deli Grocery III Corp.. The information for the party/parties has been modified for the following reason/reasons: party role was entered incorrectly;. (pc) |
| 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..(pc) |
| Filing 7 NOTICE OF APPEARANCE by Victor Jose Molina, Jr on behalf of A & G Deli Grocery III Corp...(Molina, Victor) |
| Filing 6 NOTICE OF APPEARANCE by Benjamin Sharav on behalf of A & G Deli Grocery III Corp...(Sharav, Benjamin) |
| Filing 5 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by A & G Deli Grocery III 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 A & G Deli Grocery III Corp...(Sharav, Benjamin) |
| Filing 2 REQUEST FOR ISSUANCE OF SUMMONS as to United States Of America, re: #1 Complaint,,. Document filed by A & G Deli Grocery III Corp...(Sharav, Benjamin) |
| Filing 1 COMPLAINT against United States Department of Agriculture, United States of America. (Filing Fee $ 400.00, Receipt Number ANYSDC-21850048)Document filed by A & G Deli Grocery III Corp.. (Attachments: #1 Exhibit Exh. A - Final Agency DecisionDated August 31, 2020, #2 Exhibit Exh. B - USDA FNS Charging LetterMarch 20, 2020, #3 Exhibit Exh. C - Retailers Response to Charging Letter-- March 28, 2020, #4 Exhibit Exh. D - FNS Disqualification Letter-- June 24, 2020, #5 Exhibit Exh. E - Retailers Request for Administrative Review -- June 30, 2020).(Sharav, Benjamin) |
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