Allahabi et al v. United States of America et al
| Omer A Allahabi and Two Stars Lucky Deli Inc. |
| Food and Nutrition Service, United States of America and United States Department of Agriculture |
| 1:2021cv01081 |
| February 7, 2021 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| John P Cronan |
| Other Statutes: Administrative Procedures Act/Review or Appeal of Agency Decision |
| 42 U.S.C. § 10139 |
| None |
Docket Report
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| Filing 15 STIPULATION OF VOLUNTARY DISMISSAL It is hereby stipulated and agreed by and between the parties and/or their respective counsel(s) that the above-captioned action is voluntarily dismissed, with prejudice against the defendant(s) United States Department of Agriculture, United States of America, Food and Nutrition Service and without costs pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure. Document filed by United States Department of Agriculture, United States of America, Food and Nutrition Service. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers)...(Stein, Ilan) |
| Filing 14 FILING ERROR - DEFICIENT DOCKET ENTRY - NOTICE OF VOLUNTARY DISMISSAL, the plaintiff(s) and or their counsel(s), hereby give notice that the above-captioned action is voluntarily dismissed, with prejudice and without costs against the defendant(s) United States Department of Agriculture, United States of America, Food and Nutrition Service. Document filed by United States Department of Agriculture, United States of America, Food and Nutrition Service. Proposed Order to be reviewed by Clerk's Office staff.. (Stein, Ilan) Modified on 2/24/2021 (tp). |
| Filing 13 SETTLEMENT AGREEMENT . Document filed by Food and Nutrition Service, United States Department of Agriculture, United States of America..(Stein, Ilan) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT VOLUNTARY DISMISSAL. Notice to Attorney Stein, Ilan. RE-FILE Document No. #14 Notice of Voluntary Dismissal. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the voluntary dismissal is not correct; the wrong event type was used to file the voluntary dismissal; the stipulation of dismissal is not pursuant to F.R.C.P. 41(a)(1)(A)(ii). Re-file the document using the event type Stipulation of Voluntary Dismissal found under the event list Other Documents - select the correct filer/filers - select the correct party/parties the voluntary dismissal is against - and attach the correct signed (scanned signature image) PDF. (tp) |
Filing 12
NOTICE OF ASSIGNMENT: This case has been assigned to the undersigned for all purposes. All counsel must familiarize themselves with the Court's Individual Rules, which are available at https://www.nysd.uscourts.gov/hon-john-p-cronan. Counsel for all parties are hereby ORDERED to appear before the undersigned for an Initial Pretrial Conference ("IPTC") in accordance with Rule 16 of the Federal Rules of Civil Procedure on April 26, 2021 at 10:00 a.m. Unless the Court orders otherwise, the Court will conduct the IPTC by teleconference. At the scheduled time, counsel for all parties should call (866) 434-5269, access code 9176261. (As further set forth in this Order.) Initial Conference set for 4/26/2021 at 10:00 AM before Judge John P. Cronan. (Signed by Judge John P. Cronan on 2/10/2021) (cf)
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Filing 11
STIPULATION AND ORDER STAYING PLAINTIFFS' DISQUALIFICATION FROM THE SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM PENDING FINAL DISPOSITION AND WITHDRAWING PLAINTIFFS' MOTION FOR INJUNCTIVE RELIEF: IT IS HEREBY STIPULATED, CONSENTED, AND AGREED by and between Plaintiffs and the Government, by their respective undersigned attorneys, that: The USDA agrees to stay its January 19, 2021 decision disqualifying Plaintiffs from participating in the SNAP during the pendency of this action (the "Stay"), without prejudice to the USDA's right 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.) Plaintiffs have withdrawn their emergency motion for a preliminary injunction. The Clerk of Court is thus respectfully directed to terminate the motion pending at Docket Number 2. Motions terminated: #2 EMERGENCY MOTION for Preliminary Injunction filed by Omer A Allahabi. (Signed by Judge John P. Cronan on 2/10/2021) (cf)
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| Filing 10 NOTICE OF APPEARANCE by Ilan Stein on behalf of Food and Nutrition Service, United States Department of Agriculture, United States of America..(Stein, Ilan) |
| Filing 9 PROPOSED STIPULATION AND ORDER. Document filed by Food and Nutrition Service, United States Department of Agriculture, United States of America..(Stein, Ilan) |
| Filing 8 AFFIDAVIT OF SERVICE of Summons and Complaint, served. Food and Nutrition Service served on 2/9/2021, answer due 4/12/2021; United States Department of Agriculture served on 2/9/2021, answer due 4/12/2021; United States of America served on 2/9/2021, answer due 4/12/2021. Service was accepted by Ilan Stein, AUSA. Document filed by Omer A Allahabi; Two Stars Lucky Deli Inc...(Berkowitz, Jess) |
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Filing 7
ORDER Plaintiffs have filed a proposed order to show cause for emergency relief. Dkt. 2. The record does not reflect that Plaintiffs have served the Complaint and emergency motion papers on Defendants or otherwise notified Defendants of the motion. Accordingly, the Court hereby ORDERS Plaintiffs to serve the Complaint, Dkt. 6, and accompanying motion papers, Dkt. 2, on Defendants by February 9, 2021. Plaintiffs are ORDERED to docket an affidavit of service by 11:59 p.m. on February 9, 2021. As soon as Defendants have been served, the parties are instructed to meet and confer to discuss an agreed upon interim solution. If an agreement is reached, the parties shall submit a proposed order to the Court. If no agreement can be reached, the parties shall submit a joint letter by February 11, 2021 with a proposed schedule for briefing and oral argument (should the Court require it). If the parties do not agree on a proposed schedule, the joint letter should include their respective proposals. Plaintiffs must serve this Order on Defendants and submit an affidavit of service by the end of the day February 9, 2021. SO ORDERED. (Signed by Judge John P. Cronan on 2/8/2021) (mhe)
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| Filing 6 COMPLAINT against Food and Nutrition Service, United States Department of Agriculture, United States of America. Document filed by Omer A Allahabi, Two Stars Lucky Deli Inc.. (Attachments: #1 Affidavit Declaration by Plaintiff, #2 Exhibit 1/31/18 letter, #3 Exhibit Transaction Reports, #4 Exhibit 10/23/20 letter, #5 Exhibit Request for Administrative Review, #6 Exhibit Final Agency Decision).(Berkowitz, Jess) |
| Filing 5 ELECTRONIC SUMMONS ISSUED as to Food and Nutrition Service, United States Department of Agriculture, United States of America..(gp) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Jess Martin Berkowitz to RE-FILE Document No. #1 Complaint,,. The filing is deficient for the following reason(s): Not all filer/filers were selected for 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. (gp) |
| Magistrate Judge Sarah L. Cave 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. (gp) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge John P. Cronan. 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..(gp) |
| Case Designated ECF. (gp) |
| Filing 4 REQUEST FOR ISSUANCE OF SUMMONS as to United States of America, United States Department of Agriculture, Food and Nutrition Service, re: #1 Complaint,. Document filed by Omer A Allahabi..(Berkowitz, Jess) |
| Filing 3 CIVIL COVER SHEET filed..(Berkowitz, Jess) |
| Filing 2 EMERGENCY MOTION for Preliminary Injunction . Document filed by Omer A Allahabi. (Attachments: #1 Affidavit Declaration in Support, #2 Affidavit Declaration by Plaintiff, #3 Exhibit Complaint, #4 Exhibit 1/31/2018 letter, #5 Exhibit Transaction Report, #6 Exhibit 10/23/2020 letter, #7 Exhibit Request for Administrative Review, #8 Exhibit Final Agency Decision, #9 Civil Cover Sheet Civil Cover Sheet).(Berkowitz, Jess) |
| Filing 1 FILING ERROR - DEFICIENT DOCKET ENTRY - FILER ERROR COMPLAINT against United States Department of Agriculture, United States of America. (Filing Fee $ 402.00, Receipt Number ANYSDC-23849946)Document filed by Omer A Allahabi. (Attachments: #1 Affidavit Declaration by Plaintiff, #2 Exhibit 1/31/18 letter, #3 Exhibit Transaction Reports, #4 Exhibit 10/23/20 letter, #5 Exhibit Request for Administrative Review, #6 Exhibit Final Agency Decision).(Berkowitz, Jess) Modified on 2/8/2021 (gp). |
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