Abdo et al v. United States of America et al
| New Millennium Deli Grocery Corp. and Radad Mohamed Abdo |
| Food and Nutrition Service, United States of America and United States Department of Agriculture |
| 1:2021cv04387 |
| May 14, 2021 |
| US District Court for the Southern District of New York |
| Analisa Torres |
| Other Statutes: Administrative Procedures Act/Review or Appeal of Agency Decision |
| 07 U.S.C. § 202 |
| None |
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Filing 11
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 April 21, 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 their complaint filed in the above-captioned action. SO ORDERED. (Signed by Judge Analisa Torres on 6/15/2021) (kv)
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Filing 10
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 6/15/2021) (ama)
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Filing 9
INITIAL PRETRIAL SCHEDULING ORDER: Counsel for all parties are directed to submit a joint letter and jointly proposed Case Management Plan and Scheduling Order by July 13, 2021, in accordance with Rule 16 of the Federal Rules of Civil Procedure and the instruction set forth below. COUNSEL FOR PLAINTIFF IS DIRECTED TO IMMEDIATELY SEND A COPY THIS ORDER AND THE COURT'S INDIVIDUAL PRACTICES TO ALL PARTIES. SO ORDERED. (Signed by Judge Analisa Torres on 6/15/2021) (ama)
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Filing 8
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. If all parties consent to proceed before the Magistrate Judge, counsel for Defendant shall, by July 13, 2021, e-mail a fully executed Notice, Consent, and Reference of a Civil Action to a Magistrate Judge Form. And as set forth herein. SO ORDERED. (Signed by Judge Analisa Torres on 6/15/2021) (ama) Modified on 6/15/2021 (ama).
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| Filing 7 PROPOSED STIPULATION AND ORDER. Document filed by Food and Nutrition Service, United States Department of Agriculture, United States of America..(Kahane, Joshua) |
| Filing 6 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 5 ELECTRONIC SUMMONS ISSUED as to Food and Nutrition Service, United States Department of Agriculture, United States of America..(jgo) |
| Case Designated ECF. (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) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Jess Martin Berkowitz to RE-FILE Document No. #1 Complaint,, #2 Complaint. The filing is deficient for the following reason(s): all of the parties whom the pleading is against were not selected. Re-file the pleading using the event type Complaint found under the event list Complaints and Other Initiating Documents - attach the correct signed PDF - select the individually named filer/filers - select the individually named party/parties the pleading is against. (jgo) |
| 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. (jgo) |
| Filing 4 CIVIL COVER SHEET filed..(Berkowitz, Jess) |
| 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, #2 Complaint. Document filed by Radad Mohamed Abdo, New Millennium Deli Grocery Corp...(Berkowitz, Jess) |
| Filing 2 FILING ERROR - DEFICIENT PLEADING - FILED AGAINST PARTY ERROR - COMPLAINT against Food and Nutrition Service. Document filed by New Millennium Deli Grocery Corp...(Berkowitz, Jess) Modified on 5/17/2021 (jgo). |
| Filing 1 FILING ERROR - DEFICIENT PLEADING - FILED AGAINST PARTY ERROR - COMPLAINT against United States Department of Agriculture, United States of America. (Filing Fee $ 402.00, Receipt Number ANYSDC-24544713)Document filed by Radad Mohamed Abdo. (Attachments: #1 Affidavit Declaration of Plaintiff, #2 Exhibit FNS letter 12/11/2020, #3 Exhibit Transaction Reports, #4 Exhibit Attorney letter 12/17/2020, #5 Exhibit FNS letter 3/3/2021, #6 Exhibit Attorney letter 3/10/2021, #7 Exhibit Final Agency Decision).(Berkowitz, Jess) Modified on 5/17/2021 (jgo). |
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