White Plains Foods Inc. v. United States of America et al
| White Plains Foods Inc. |
| United States Department of Agriculture and United States of America |
| 1:2021cv03170 |
| April 13, 2021 |
| US District Court for the Southern District of New York |
| Mary Kay Vyskocil |
| Agriculture Acts |
| 07 U.S.C. § 2011 |
| None |
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Filing 16
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 Plaintiff's temporary six month disqualification from SNAP, Plaintiff agrees to pay FNS a civil money penalty totaling $8,292.00, payable within 6 months of the date that Plaintiff signs this Stipulation. Plaintiff's payment shall be made in one lump sum. Plaintiff's payment shall be made by 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. 3. If Plaintiff fails to make the payment referenced in paragraph 2 above, or any portion of that payment, when due, after a seven-day grace period, Plaintiff shall be deemed in default of this Stipulation, and Plaintiff agrees that: (a) Plaintiff will be immediately disqualified from SNAP for six months; (b) Plaintiff waives the right to administrative or judicial review of such disqualification; and (c) Plaintiff forfeits any portion of the total civil money penalty that Plaintiff has already paid. 4. Plaintiff shall make the payment as provided in this Stipulation regardless of whether Plaintiff continues to operate during the time when the payment is due. 5. Plaintiff further agrees to comply with, and remain subject to, all applicable laws and regulations of SNAP, and to fulfill its obligations as set forth in this Stipulation. 6. Plaintiff shall submit documentation to FNS that all owners, officers, agents, managers, and permanent and temporary workers, whether paid or unpaid, of White Plains Foods Inc. are trained in accordance with SNAP training guidelines within thirty (30) days of the date that Plaintiff signs this Stipulation. Plaintiff understands and agrees that all authorized SNAP retailers are expected to abide by the training guidelines and responsibilities, which are availableat 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 Plaintiff signs this Stipulation, to SM.FN.ROCretailreply@usda.gov. 7. Plaintiff shall display the "SNAP Fraud Poster," available at https://fns-prod.azureedge.net/sites/default/files/snap/SNAP-Fraud-Poster- Press.pdf, within its store in a position that is prominent and visible to customers. 8. This settlement does not vacate FNS's determination dated January 27, 2021, that found the violations cited in the October 16, 2020 charge letter were substantiated, and was affirmed, following an administrative action, on March 17, 2021, and does not preclude Defendant from taking any administrative action against Plaintiff 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. 9. Plaintiff acknowledges that it fully understands the waivers of rights set forth in this Stipulation and knowingly and voluntarily waives those rights after a full and complete opportunity to consult an attorney regarding said waivers and their meaning. 10. 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 effective solely upon its approval and entry by the Court, at which time it shall be binding upon and inure to the benefit of the Parties and their respective legal representatives, successors, and assigns. 12. It is contemplated that this Stipulation may be executed in several counterparts. All such counterparts and signature pages, together, shall be deemed to be one document.SO ORDERED. (Signed by Judge Mary Kay Vyskocil on 6/3/2021) (rj)
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| Case Stay Lifted. (rj) |
| Filing 15 PROPOSED STIPULATION AND ORDER. Document filed by United States Department of Agriculture, United States of America..(Kahane, Joshua) |
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Filing 14
STIPULATION AND ORDER STAYING PLAINTIFF'S 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 March 17, 2021 decision disqualifying Plaintiff 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, 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 Plaintiffs claims and the relief sought in its complaint filed in the above-captioned action. SO ORDERED., Case stayed. (Signed by Judge Mary Kay Vyskocil on 4/15/2021) (rj)
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| Filing 13 PROPOSED STIPULATION AND ORDER. Document filed by United States Department of Agriculture, United States of America..(Kahane, Joshua) |
| Filing 12 NOTICE OF APPEARANCE by Joshua Evan Kahane on behalf of United States Department of Agriculture, United States of America..(Kahane, Joshua) |
| Filing 11 AFFIDAVIT OF SERVICE of Summons and Complaint served. Service was made by MAIL. Document filed by White Plains Foods Inc.. (Attachments: #1 Exhibit Summonses, #2 Exhibit Proofs of Certified Mailing).(Sharav, Benjamin) |
| Filing 10 AFFIDAVIT OF SERVICE of Summons and Complaint served. United States Department of Agriculture served on 4/14/2021, answer due 6/14/2021; United States of America served on 4/14/2021, answer due 6/14/2021. Service was made by MAIL. Document filed by White Plains Foods Inc.. (Attachments: #1 Exhibit Summonses).(Sharav, Benjamin) |
| Filing 9 ELECTRONIC SUMMONS ISSUED as to United States Department of Agriculture..(dnh) |
| Filing 8 ELECTRONIC SUMMONS ISSUED as to United States of America, U.S. Attorney and U.S. Attorney General..(dnh) |
| Case Designated ECF. (dnh) |
| 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. (dnh) |
| ***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. (dnh) |
| 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..(dnh) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Benjamin Sharav. The party information for the following party/parties has been modified: White Plains Foods Inc.. The information for the party/parties has been modified for the following reason/reasons: party role was entered incorrectly. (dnh) |
| Filing 7 NOTICE OF APPEARANCE by Victor Jose Molina, Jr on behalf of White Plains Foods Inc...(Molina, Victor) |
| Filing 6 NOTICE OF APPEARANCE by Benjamin Sharav on behalf of White Plains Foods Inc...(Sharav, Benjamin) |
| Filing 5 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by White Plains Foods Inc...(Sharav, Benjamin) |
| Filing 4 REQUEST FOR ISSUANCE OF SUMMONS as to United States Department of Agriculture, re: #1 Complaint. Document filed by White Plains Foods Inc...(Sharav, Benjamin) |
| Filing 3 REQUEST FOR ISSUANCE OF SUMMONS as to United States Of America, re: #1 Complaint. Document filed by White Plains Foods 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 ANYSDC-24387839)Document filed by White Plains Foods Inc...(Sharav, Benjamin) |
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