Ali et al v. United States of America et al
Plaintiff: Essa M Ali and Essa Deli Grocery
Defendant: Food and Nutrition Service, United States Department of Agriculture and United States of America
Case Number: 1:2021cv00798
Filed: January 28, 2021
Court: US District Court for the Southern District of New York
Presiding Judge: Alvin K Hellerstein
Nature of Suit: Other Statutes: Administrative Procedures Act/Review or Appeal of Agency Decision
Cause of Action: 42 U.S.C. ยง 10139
Jury Demanded By: None
Docket Report

This docket was last retrieved on March 4, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
March 4, 2021 Opinion or Order Filing 15 STIPULATION AND ORDER OF SETTLEMENT... IT IS STIPULATED AND AGREED, by and between the Parties, through their respective counsel, as follows: This action is dismissed with prejudice and without costs, expenses, or attorneys fees. lieu of Plaintiffs' temporary six month disqualification from SNAP, Plaintiffs agree to pay FNS acivil money penalty totaling $7,104.00, payable within six months of the date that Plaintiffs sign this Stipulation. More specifically, the first payment of $1,184.00 shall be made within 30 days after this Court orders this Stipulation, and five equal monthly payments of $1,184.00 shall be made thereafter. Plaintiffs' payments shall be made by attorney's check,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 (0453401). Plaintiffs shall make the payments as provided in this Stipulation regardless of whether Plaintiffs continue to operate during the time when the payments are due. Plaintiffs further agree to comply with, and remain subject to, all applicable laws and regulations of SNAP; and to fulfill their obligations as set forth in this Stipulation. Plaintiffs shall submit documentation to FNS that all owners, officers, agents, managers, and permanent and temporary workers, whether paid or unpaid, of Essa Deli Grocery are trained in accordance with SNAP training guidelines within thirty (30) days of the date that Plaintiffs sign this Stipulation. Plaintiffs understand and agree that all authorized SNAP retailers 3are expected to abide by the training guidelines and responsibilities, which are available at https://fns-prod.azureedge.net/snap/retailer/training and at https://fns-prod.azureedge.net/sites/default/files/resource-files/SNAP_General_Training_Responsibilities.pdf.Proof of the completion of the training must be emailed, within 30 days of the date that Plaintiffs signs this Stipulation, to SM.FN.ROCretailreply@usda.gov. Plaintiffs shall display the "SNAP Fraud Poster," available at https://fns-prod.azureedge.net/sites/default/files/snap/SNAP-Fraud-Poster-Press.pdf, within their store in a position that is prominent and visible to customers. This settlement does not rescind the FNS's disqualification dated October 13, 2020,which was affirmed, following an administrative action, on December 29, 2020, and does not preclude Defendants from taking any administrative action against Plaintiffs based on future conduct as permitted by the Food and Nutrition Act of 2008, as amended, the SNAP regulations, or any other applicable laws or regulations. This Court shall retain jurisdiction over this action to enforce this Stipulation. So Ordered. (Signed by Judge Alvin K. Hellerstein on 3/4/21) (yv)
March 2, 2021 Filing 14 PROPOSED STIPULATION AND ORDER. Document filed by Food and Nutrition Service, United States Department of Agriculture, United States of America..(Kahane, Joshua)
February 2, 2021 Opinion or Order Filing 13 SCHEDULING ORDER: The Show Cause Hearing currently scheduled for February 4, 2021, is cancelled in light of Defendants' agreement to stay Plaintiffs' disqualification from the Supplemental Nutrition Assistance Program. See ECF No. 12. SO ORDERED. (Signed by Judge Alvin K. Hellerstein on 2/02/2021) (ama)
February 2, 2021 Opinion or Order Filing 12 STIPULATION AND ORDER STAYING PLAINTIFFS' DISQUALIFICATION FROM THE SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM PENDING FINAL DISPOTSITION: IT IS HEREBY, STIPULATED, CONSENTED, AND AGREED by and between Plaintiffs and the USDA, by their respective undersigned attorneys, that: 1. The USDA agrees to stay its December 29, 2020 decision disqualifying Plaintiffs 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. As further set forth in this Order. SO RODERED. (Signed by Judge Alvin K. Hellerstein on 2/2/2021) (ks)
February 2, 2021 Filing 11 LETTER addressed to Judge Alvin K. Hellerstein from Joshua Kahane dated 2/2/21 re: the government's agreement to temporarily stay plaintiffs' disqualification from SNAP, and attaching a stipulation between the parties. Document filed by Food and Nutrition Service, United States Department of Agriculture, United States of America. (Attachments: #1 Stipulation and Proposed Order).(Kahane, Joshua)
February 1, 2021 Filing 10 ELECTRONIC SUMMONS ISSUED as to Food and Nutrition Service, United States Department of Agriculture, United States of America..(dnh)
February 1, 2021 Filing 9 NOTICE OF APPEARANCE by Joshua Evan Kahane on behalf of Food and Nutrition Service, United States Department of Agriculture, United States of America..(Kahane, Joshua)
January 29, 2021 Opinion or Order Filing 8 ORDER TO SHOW CAUSE. On motion of the Plaintiffs, the above-named Defendants are hereby ordered to show cause why a preliminary injunction shall not issue against the Defendants, United States of America, Department Of Agriculture, Food And Nutrition Service. The parties are hereby ordered to attend a Show Cause Hearing on Thursday, February 4, 2021, at 10 a.m. Plaintiff shall serve via email a copy of this Order to Show Cause, together with a copy of the attached papers upon which it is granted, upon the United States Attorney for the Southern District of New York, at No. 86 Chambers Street, New York, New York 10007, by today, January 29, 2021, before 5:00 p.m. Defendant's answering papers shall be filed by February 3, 2021, at noon. SO ORDERED. ( Show Cause Hearing set for 2/4/2021 at 10:00 AM before Judge Alvin K. Hellerstein., Show Cause Response due by 2/3/2021.), Motions terminated: #1 EMERGENCY MOTION for Order to Show Cause staying disqualification from SNAP. filed by Essa M Ali, Essa Deli Grocery. (Signed by Judge Alvin K. Hellerstein on 1/29/21) (yv)
January 29, 2021 Filing 7 REQUEST FOR ISSUANCE OF SUMMONS as to United States of America, United States Department of Agriculture, Food and Nutrition Service, re: #6 Complaint,. Document filed by Essa M Ali, Essa Deli Grocery. (Attachments: #1 Complaint).(Berkowitz, Jess)
January 29, 2021 Filing 6 COMPLAINT against Food and Nutrition Service, United States Department of Agriculture, United States of America. Document filed by Essa M Ali, Essa Deli Grocery. (Attachments: #1 Affidavit Declaration by Plaintiff, #2 Exhibit 8/18/16 letter, #3 Exhibit Transaction Reports, #4 Exhibit 10/13/20 letter, #5 Exhibit Request for Administrative Review, #6 Exhibit Final Agency Decision).(Berkowitz, Jess)
January 29, 2021 Filing 5 CIVIL COVER SHEET filed..(Berkowitz, Jess)
January 29, 2021 Filing 4 FILING ERROR - SUMMONS REQUEST FILING ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to United States of America, United States Department of Agriculture, Food and Nutrition Service, re: Complaint. Document filed by Essa M Ali, Essa Deli Grocery..(Berkowitz, Jess) Modified on 1/29/2021 (jgo).
January 29, 2021 ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Jess Martin Berkowitz to RE-FILE Document No. #1 EMERGENCY MOTION for Order to Show Cause staying disqualification from SNAP.. The filing is deficient for the following reason(s): the wrong event type was used to file the pleading;. Re-file the pleading using the event type Complaint found under the event list Complaints and Other Initiating Documents - attach the correct signed PDF - select the individually named filer/filers - select the individually named party/parties the pleading is against. If the deficiency/deficiencies are not corrected within five (5) days per Amended Standing Order 15-mc-00131 this case will be administratively closed. Initial Pleading due by 2/3/2021. (pc)
January 29, 2021 ***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Jess Martin Berkowitz. The following case opening statistical information was erroneously selected/entered: County code Albany;. The following correction(s) have been made to your case entry: the County code has been modified to New York;. (pc)
January 29, 2021 ***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Jess Martin Berkowitz. The following case opening statistical information was erroneously selected/entered: Fee Status code pend (IFP pending);. The following correction(s) have been made to your case entry: the Fee Status code has been modified to pd (paid);. (pc)
January 29, 2021 ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Jess Martin Berkowitz to RE-FILE Document No. #2 Request for Issuance of Summons. The filing is deficient for the following reason(s): The summons requested was not processed due to the deficient pleading. Please file your request for summons when you correct and refile your 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. (pc)
January 29, 2021 Case Designated ECF. (pc)
January 29, 2021 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. (pc)
January 29, 2021 CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Alvin K. Hellerstein. 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)
January 28, 2021 Filing 3 CIVIL COVER SHEET filed..(Berkowitz, Jess)
January 28, 2021 Filing 2 FILING ERROR SUMMONS NOT LINKED TO CORRESPONDING PLEADING- REQUEST FOR ISSUANCE OF SUMMONS as to United States of America, United States Department of Agriculture, Food and Nutrition Service, re: Complaint. Document filed by Essa M Ali, Essa Deli Grocery..(Berkowitz, Jess) Modified on 1/29/2021 (pc).
January 28, 2021 Filing 1 EMERGENCY MOTION for Order to Show Cause staying disqualification from SNAP. Document filed by Essa M Ali, Essa Deli Grocery. Return Date set for 2/2/2021 at 10:00 AM. (Attachments: #1 Affidavit Declaration in Support, #2 Affidavit Declaration by Plaintiff, #3 Exhibit Complaint, #4 Exhibit 8/18/2016 letter, #5 Exhibit Transaction Report, #6 Exhibit 10/13/20 letter, #7 Exhibit Request for Administrative Review, #8 Exhibit Final Agency Decision, #9 Civil Cover Sheet Civil Cover Sheet).(Berkowitz, Jess)

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Defendant: Food and Nutrition Service
Represented By: Joshua Evan Kahane
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Defendant: United States Department of Agriculture
Represented By: Joshua Evan Kahane
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Defendant: United States of America
Represented By: Joshua Evan Kahane
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Plaintiff: Essa M Ali
Represented By: Jess Martin Berkowitz
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Plaintiff: Essa Deli Grocery
Represented By: Jess Martin Berkowitz
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