Sahybi et al v. United States of America et al
| Aziz A Al Sahybi and Shining Star Deli Grocery Corp. |
| Food and Nutrition Service, United States of America and United States Department of Agriculture |
| 1:2021cv01767 |
| March 1, 2021 |
| US District Court for the Southern District of New York |
| Naomi Reice Buchwald |
| Other Statutes: Administrative Procedures Act/Review or Appeal of Agency Decision |
| 28 U.S.C. § 1331 |
| None |
Docket Report
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Filing 11
STIPULATION 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 attorney's fees. In lieu of Plaintiffs' temporary six-month disqualification from SNAP, Plaintiffs agree to pay FNS a civil money penalty totaling $4,698.00 payable within six months of the date that Plaintiffs sign this Stipulation. And as set forth herein. SO ORDERED. (Signed by Judge Naomi Reice Buchwald on 4/02/2021) (ama)
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| Filing 10 PROPOSED STIPULATION AND ORDER. Document filed by Food and Nutrition Service, United States Department of Agriculture, United States of America..(Kahane, Joshua) |
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Filing 9
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 Plaintiffs and the USDA, by their respective undersigned attorneys, that: 1. The USDA agrees to stay its February 3, 2021 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.) (Signed by Judge Naomi Reice Buchwald on 3/5/2021) (cf)
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| Filing 8 PROPOSED STIPULATION AND ORDER. Document filed by Food and Nutrition Service, United States Department of Agriculture, United States of America..(Kahane, Joshua) |
| Filing 7 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) |
| Filing 6 AFFIDAVIT OF SERVICE of Summons and Complaint,, served. Food and Nutrition Service served on 3/3/2021, answer due 5/3/2021; United States Department of Agriculture served on 3/3/2021, answer due 5/3/2021; United States of America served on 3/3/2021, answer due 5/3/2021. Service was made by Overnight Mail. Document filed by Aziz A Al Sahybi; Shining Star Deli Grocery Corp...(Berkowitz, Jess) |
| Filing 5 CIVIL COVER SHEET filed..(Berkowitz, Jess) |
| Filing 4 ELECTRONIC SUMMONS ISSUED as to Food and Nutrition Service, United States Department of Agriculture, United States of America. (sj) |
| Filing 3 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 Aziz A Al Sahybi, Shining Star Deli Grocery Corp...(Berkowitz, Jess) |
| Filing 2 EMERGENCY MOTION for Preliminary Injunction staying disqualification from SNAP. Document filed by Aziz A Al Sahybi, Shining Star Deli Grocery Corp.. (Attachments: #1 Affidavit Declaration in Support, #2 Affidavit Declaration by Plaintiff, #3 Exhibit Complaint, #4 Exhibit FNS letter 3/27/18, #5 Exhibit Transaction Reports, #6 Exhibit Attorney letter 3/28/18, #7 Exhibit FNS letter 11/12/20, #8 Exhibit Request for Administrative Review, #9 Exhibit Final Agency Decision, #10 Civil Cover Sheet Civil Cover Sheet).(Berkowitz, Jess) |
| Case Designated ECF. (sj) |
| ***NOTICE TO ATTORNEY TO ELECTRONICALLY FILE CIVIL COVER SHEET. Notice to Attorney Jess Martin Berkowitz. Attorney must electronically file the Civil Cover Sheet. Use the event type Civil Cover Sheet found under the event list Other Documents. (sj) |
| ***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: Cause of Action code (none); Fee Status code due (due). The following correction(s) have been made to your case entry: the Cause of Action code has been modified to 28:1331; the Fee Status code has been modified to pd (paid). (sj) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Naomi Reice Buchwald. 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..(sj) |
| 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. (sj) |
| Filing 1 COMPLAINT against Food and Nutrition Service, United States Department of Agriculture, United States of America. (Filing Fee $ 402.00, Receipt Number ANYSDC-24142734)Document filed by Aziz A Al Sahybi, Shining Star Deli Grocery Corp.. (Attachments: #1 Affidavit Declaration by Plaintiff, #2 Exhibit 3/27/2018, #3 Exhibit Transaction Reports, #4 Exhibit Attorney letter 3/28/18, #5 Exhibit 11/12/20 FNS letter, #6 Exhibit Request for Admin Review, #7 Exhibit Final Agency Decision).(Berkowitz, Jess) |
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