Mega Food Store, Inc. v. United States of America et al
| MEGA FOOD STORE, INC and Mega Food Store, Inc. |
| UNITED STATES DEPARTMENT OF AGRICULTURE and UNITED STATES OF AMERICA |
| 1:2021cv01272 |
| February 12, 2021 |
| US District Court for the Southern District of New York |
| Katharine H Parker |
| Agriculture Acts |
| 07 U.S.C. § 2011 |
| None |
Docket Report
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This docket was last retrieved on March 4, 2021. A more recent docket listing may be available from PACER.
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| Filing 18 NOTICE OF APPEARANCE by Mary Ellen Brennan on behalf of United States Department of Agriculture, United States of America..(Brennan, Mary) |
Filing 17
INITIAL CASE MANAGEMENT TELEPHONE CONFERENCE ORDER: Initial Conference set for 4/29/2021 at 11:00 AM before Magistrate Judge Katharine H. Parker. Counsel is directed to call the court's telephone conference line at the scheduled time. Please dial (866) 434-5269, Access Code: 4858267. (Signed by Magistrate Judge Katharine H. Parker on 2/23/2021) (mro)
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Filing 16
NOTICE, CONSENT, AND REFERENCE OF A CIVIL ACTION TO A MAGISTRATE JUDGE by Mega Food Store, Inc., United States Department of Agriculture, United States of America. (Case No Longer Referred to Magistrate Judge) CASE ASSIGNED to Magistrate Judge Katharine H. Parker. IT IS ORDERED: This case is referred to a United States magistrate judge to conduct all proceedings and order the entry of a final judgment in accordance with 28 U.S.C. 636(c) and Fed. R. Civ. P. 73. (Signed by Judge Analisa Torres on 2/22/2021).(kv)
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Filing 15
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 2/18/2021) (kv)
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Filing 14
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 10:40 a.m. on April 13, 2021, 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 4/13/2021 at 10:40 AM before Judge Analisa Torres. (Signed by Judge Analisa Torres on 2/18/2021) (kv)
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Filing 13
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 2/18/2021) (kv)
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Filing 12
STIPULATION AND ORDER STAYING PLAINTIFFS 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 January 21, 2021 decision disqualifying Plaintiff fromparticipating 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 its complaint filed in the above-captioned action. SO ORDERED. (Signed by Judge Analisa Torres on 2/18/2021) (kv)
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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 AFFIDAVIT OF SERVICE of Summons and Complaint served. United States Department of Agriculture served on 2/16/2021, answer due 4/19/2021; United States of America served on 2/16/2021, answer due 4/19/2021. Service was made by MAIL. Document filed by Mega Food Store, Inc.. (Attachments: #1 Exhibit Summonses, #2 Exhibit Proofs of Certified Mailing).(Sharav, Benjamin) |
| 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) |
| Case Designated ECF. (jgo) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Benjamin Sharav. The party information for the following party/parties has been modified: MEGA FOOD STORE, INC; UNITED STATES OF AMERICA; UNITED STATES DEPARTMENT OF AGRICULTURE. The information for the party/parties has been modified for the following reason/reasons: party name was entered in all caps; party role was entered incorrectly;. (jgo) |
| 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) |
| 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) |
| ***NOTICE TO ATTORNEY REGARDING CIVIL CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Benjamin Sharav. 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 Bronx;. (jgo) |
| Filing 7 NOTICE OF APPEARANCE by Victor Jose Molina, Jr on behalf of MEGA FOOD STORE, INC..(Molina, Victor) |
| Filing 6 NOTICE OF APPEARANCE by Benjamin Sharav on behalf of MEGA FOOD STORE, INC..(Sharav, Benjamin) |
| Filing 5 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by MEGA FOOD STORE, INC..(Sharav, Benjamin) |
| Filing 4 REQUEST FOR ISSUANCE OF SUMMONS as to United States Department of Agriculture, re: #1 Complaint. Document filed by MEGA FOOD STORE, INC..(Sharav, Benjamin) |
| Filing 3 REQUEST FOR ISSUANCE OF SUMMONS as to United States Of America, re: #1 Complaint. Document filed by MEGA FOOD STORE, INC..(Sharav, Benjamin) |
| Filing 2 CIVIL COVER SHEET filed..(Sharav, Benjamin) |
| Filing 1 COMPLAINT against UNITED STATES DEPARTMENT OF AGRICULTURE, UNITED STATES OF AMERICA. (Filing Fee $ 402.00, Receipt Number BNYSDC-23912291)Document filed by MEGA FOOD STORE, INC..(Sharav, Benjamin) |
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