Al Saidi et al v. United States of America et al
| Saddam Khalid Ali Al Saidi and 1681 Deli Grocery Corp. |
| Food and Nutrition Service, United States Department of Agriculture and United States of America |
| 1:2021cv01978 |
| March 7, 2021 |
| US District Court for the Southern District of New York |
| Mary Kay Vyskocil |
| Other Statutes: Administrative Procedures Act/Review or Appeal of Agency Decision |
| 28 U.S.C. § 1331 rd |
| None |
Docket Report
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Filing 15
STIPULATION AND ORDER OF SETTLEMENT: IT IS STIPULATED AND AGREED, by and between the Parties, through their respective counsel, as follows: 1. This action is dismissed with prejudice and without costs, expenses, or attorney's fees. 2. In lieu of Plaintiffs' temporary six-month disqualification from SNAP, Plaintiffs agree to pay FNS a civil money penalty totaling $10,416.00, payable in ten equal installments of $1,041.60, with the first payment made within 30 days of the date that Plaintiffs sign this Stipulation of Settlement ("Stipulation"), and each subsequent payment made within 30 days of the prior payment, such that Plaintiffs shall have paid the civil monetary penalty, totaling $10,416.00, in full within 300 days of the date that Plaintiffs sign this Stipulation. As further set forth in this Order. The Parties acknowledge, understand, and agree that this Stipulation sets forth the entire agreement between the Parties relating to the subject matter hereof. 11. This Stipulation shall be binding upon and inure to the benefit of the Parties and their respective legal representatives, successors, and assigns. As further set forth in this Order. As discussed with the parties through e-mail correspondence, the Court will not retain jurisdiction over this action to enforce this Stipulation. The parties have consented to the deletion of paragraph 14. SO ORDERED. (Signed by Judge Mary Kay Vyskocil on 4/14/2021) (ks)
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| Filing 14 PROPOSED STIPULATION AND ORDER. Document filed by Food and Nutrition Service, United States Department of Agriculture, United States of America..(Weinreb, Carly) |
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Filing 13
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 17, 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. 2. During the Stay, Plaintiffs shall abide by, and be governed by, all the rules and regulations of the SNAP in the same manner as Plaintiffs would have been required to do had the disqualification not taken place. 3. The USDA's agreement to stay Plaintiffs' 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 Plaintiffs' claims and the relief sought in Plaintiffs' complaint filed in the above-captioned action. 4. In light of the Stay, the Court hereby denies as moot Plaintiffs' Emergency Motion for a Preliminary Injunction, dated March 11, 2021 (Dkt. No. 8), and hereby vacates the Scheduling Order dated March 11, 2021 (Dkt. No. 9). (Signed by Judge Mary Kay Vyskocil on 3/17/2021) (mro)
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| Filing 12 PROPOSED STIPULATION AND ORDER. Document filed by Food and Nutrition Service, United States Department of Agriculture, United States of America. (Attachments: #1 Text of Proposed Order).(Weinreb, Carly) |
| Filing 11 NOTICE OF APPEARANCE by Carly Iris Weinreb on behalf of Food and Nutrition Service, United States Department of Agriculture, United States of America..(Weinreb, Carly) |
| Filing 10 AFFIDAVIT OF SERVICE of Summons and Complaint,, served. Food and Nutrition Service served on 3/15/2021, answer due 5/14/2021; United States Department of Agriculture served on 3/15/2021, answer due 5/14/2021; United States of America served on 3/15/2021, answer due 5/14/2021. Service was accepted by Carly Weinreb, AUSA. Service was made by Overnight Mail. Document filed by Saddam Khalid Ali Al Saidi; 1681 Deli Grocery Corp...(Berkowitz, Jess) |
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Filing 9
ORDER TO SHOW CAUSE AND SCHEDULING ORDER: IT IS HEREBY ORDERED that Plaintiffs shall serve on Defendants the Complaint and the Emergency Motion for Preliminary Injunction with all supporting documents [ECF Nos. 1, 8] and this Order no later than 12:00 PM on March 15, 2021, and file proof of such service on or before March 19, 2021. IT IS FURTHER ORDERED that Defendants shall file an opposition to Plaintiffs' Emergency Motion for Preliminary Injunction no later than 4:00 PM on March 26, 2021. IT IS FURTHER ORDERED that any reply by Plaintiffs shall be filed no later than 12:00 PM on March 31, 2021. IT IS FURTHER ORDERED that the parties shall appear for a hearing on Plaintiffs' Emergency Motion for Preliminary Injunction on April 6, 2021, at 2:30 PM. The hearing will be held by videoconferencing on Microsoft Teams. The parties will receive an e-mail with an access link before the hearing. Members of the public may access the hearing by telephone by dialing +1 917-933-2166 and entering conference ID 382 445 746#. IT IS FURTHER ORDERED that on or before March 29, 2021, the parties shall file a joint letter advising the Court whether they intend to call any witnesses to testify at the hearing and, if so, how many and the estimated lengths of testimony. IT IS FURTHER ORDERED that on or before March 31, 2021, the parties shall exchange and provide to the Court any exhibits they intend to offer and file proposed findings of fact and conclusions of law. ( Responses due by 3/26/2021, Replies due by 3/31/2021., Service due by 3/15/2021.) (Signed by Judge Mary Kay Vyskocil on 3/11/2021) (mro)
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| Filing 8 EMERGENCY MOTION for Preliminary Injunction staying disqualification from SNAP. Document filed by 1681 Deli Grocery Corp., Saddam Khalid Ali Al Saidi. (Attachments: #1 Affidavit Declaration in Support, #2 Affidavit Declaration by Plaintiff, #3 Supplement Memorandum of Law pursuant to Local Civil rule 7.1(a)(2), #4 Exhibit Complaint, #5 Exhibit FNS letter May 2, 2018, #6 Exhibit Transaction Reports, #7 Exhibit FNS letter December 21, 2020, #8 Exhibit Request for Administrative Review, #9 Exhibit Final Agency Decision).(Berkowitz, Jess) |
| Set/Reset Deadlines as to Motion Hearing set for 4/6/2021 at 02:30 PM before Judge Mary Kay Vyskocil. (mro) |
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Filing 7
ORDER denying without prejudice to renewal #2 Motion for Preliminary Injunction. Accordingly, Plaintiffs' Emergency Motion is DENIED without prejudice and with leave to refile a proper application in compliance with Local Civil Rule 7.1. The Clerk of Court is respectfully requested to terminate docket entry 2. SO ORDERED. (Signed by Judge Mary Kay Vyskocil on 3/9/2021) (kv)
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| Filing 6 ELECTRONIC SUMMONS ISSUED as to Food and Nutrition Service, United States Department of Agriculture, United States of America..(pc) |
| Filing 5 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 1681 Deli Grocery Corp., Saddam Khalid Ali Al Saidi..(Berkowitz, Jess) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Mary Kay Vyskocil. 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) |
| Magistrate Judge Sarah Netburn 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) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Jess Martin Berkowitz to RE-FILE Document No. #4 Request for Issuance of Summons,. The filing is deficient for the following reason(s): the form used for the summons is blank;. 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. (gp) |
| Filing 4 FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUESTED BLANK SUMMONS FORM - 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 1681 Deli Grocery Corp., Saddam Khalid Ali Al Saidi..(Berkowitz, Jess) Modified on 3/8/2021 (gp). |
| Filing 3 CIVIL COVER SHEET filed..(Berkowitz, Jess) |
| Filing 2 EMERGENCY MOTION for Preliminary Injunction staying disqualification from SNAP. Document filed by 1681 Deli Grocery Corp., Saddam Khalid Ali Al Saidi. (Attachments: #1 Affidavit Declaration in Support, #2 Affidavit Declaration by Plaintiff, #3 Exhibit Complaint, #4 Exhibit 5/2/2018 letter of charges, #5 Exhibit Transaction Reports, #6 Exhibit 12/21/20 letter of determination, #7 Exhibit Request for Administrative Review, #8 Exhibit Final Agency Decision).(Berkowitz, Jess) |
| Filing 1 COMPLAINT against Food and Nutrition Service, United States Department of Agriculture, United States of America. (Filing Fee $ 402.00, Receipt Number ANYSDC-24215472)Document filed by Saddam Khalid Ali Al Saidi, 1681 Deli Grocery Corp.. (Attachments: #1 Affidavit Declaration by Plaintiff, #2 Exhibit 5/2/18 letter of charges, #3 Exhibit Transaction Reports, #4 Exhibit 12/21/20 letter of determination, #5 Exhibit Request for Administrative Review, #6 Exhibit Final Agency Decision).(Berkowitz, Jess) |
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