Alsaidi et al v. United States of America et al
| Anwar Alsaidi and Astor Deli And Grocery Inc. |
| Food and Nutrition Service, United States Department of Agriculture and United States of America |
| 1:2021cv03834 |
| April 30, 2021 |
| US District Court for the Southern District of New York |
| Alison J Nathan |
| Other Statutes: Administrative Procedures Act/Review or Appeal of Agency Decision |
| None |
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Filing 9
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 $5,064.00, in full within 60 days of the date of entry of this Stipulation and Order of Settlement ("Stipulation") by the Court. Plaintiffs' payment shall be made by certified check, money order, or attorney's check, 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 and docket number. 3. As further set forth in this order. SO ORDERED. (Signed by Judge Alison J. Nathan on 6/1/2021) (vfr)
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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..(Weinreb, Carly) |
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Filing 7
NOTICE OF INITIAL PRETRIAL CONFERENCE: Initial Conference set for 9/10/2021 at 03:15 PM in Courtroom 906, 40 Foley Square, New York, NY 10007 before Judge Alison J. Nathan. Counsel are directed to confer with each other prior to the conference regarding settlement and each of the other subjects to be considered at a Fed. R. Civ. P. 16 conference. Additionally, in accordance with the Court's Individual Rules, the parties are hereby ORDERED to ECF file a Proposed Civil Case Management Plan and Scheduling Order no later than seven days prior to the Initial Pretrial Conference. The parties shall use this Court's form Proposed Case Management Plan and Scheduling Order available at the Court's website(http://nysd.uscourts.gov/judge/Nathan). IT IS FURTHER ORDERED that included with the Proposed Civil Case Management Plan, the parties jointly submit a letter, not to exceed five (5) pages, providing the following information in separate paragraphs as further set forth in this order. SO ORDERED. (Signed by Judge Alison J. Nathan on 5/17/2021) (rj)
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Filing 6
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 agtees to stay its April 2, 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. So ordered. (Signed by Judge Alison J. Nathan on 5/7/2021) (rjm)
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| Filing 5 PROPOSED STIPULATION AND ORDER. Document filed by Food and Nutrition Service, United States Department of Agriculture, United States of America..(Weinreb, Carly) |
| Filing 4 ELECTRONIC SUMMONS ISSUED as to Food and Nutrition Service, United States Department of Agriculture, United States of America. (sj) |
| Case Designated ECF. (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 18:4208; County code Albany; 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 07:2023; the County code has been modified to Bronx; the Fee Status code has been modified to pd (paid). (sj) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Alison J. Nathan. 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 Ona T. Wang 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 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 Anwar Alsaidi, Astor Deli And Grocery Inc...(Berkowitz, Jess) |
| Filing 2 CIVIL COVER SHEET filed..(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-24474451)Document filed by Anwar Alsaidi, Astor Deli And Grocery Inc.. (Attachments: #1 Affidavit Declaration by Plaintiff, #2 Exhibit FNS letter 7/11/2017, #3 Exhibit Transaction Reports, #4 Exhibit FNS letter 1/21/2021, #5 Exhibit Final Agency Decision).(Berkowitz, Jess) |
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