Ahmed Morshed et al v. United States of America et al
| Sadek Almahillah, Sadeq Gourmet Deli LLC, Mariam Salah Morshed and Mariam Salah Ahmed Morshed |
| United States Department of Agriculture, United States of America and United States Department of Agriculture, Food and Nutrition Service |
| 1:2021cv04934 |
| June 3, 2021 |
| US District Court for the Southern District of New York |
| John P Cronan |
| Other Statutes: Administrative Procedures Act/Review or Appeal of Agency Decision |
| 07 U.S.C. § 202 |
| None |
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Filing 13
STIPULATION 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. In lieu of Plaintiffs' temporary six-month disqualification from SNAP, Plaintiffs agree to pay FNS a civil money penalty totaling $4,962.00, payable in three equal installments of $1,654.00, 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 $4,962.00, in full within 90 days of the date that Plaintiffs sign this Stipulation. Plaintiffs' 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 and docket number. 2. If Plaintiffs fail to make the payment referenced in paragraph 1 above when due, after a seven-day grace period, Plaintiffs shall be deemed in default of this Stipulation, and Plaintiffs agree that: (a) Plaintiffs will be immediately permanently disqualified from SNAP; (b) Plaintiffs waive the right to administrative or judicial review of such disqualifications; and (c) Plaintiffs forfeit any portion of the total civil money penalty that Plaintiffs have already paid. In the event of any default, Plaintiffs will be permanently disqualified from SNAP regardless of whether Plaintiffs have already paid any portion of the total civil money penalty. 3. Plaintiffs shall make the payment as provided in this Stipulation regardless of whether Plaintiffs continue to operate during the time when the payment is due. 4. Plaintiffs further agree to comply with, and remain subject to, all applicable laws and regulations of SNAP, and to fulfill their obligations as set forth in this Stipulation. 5. Plaintiffs shall submit documentation to FNS that all owners, officers, agents, managers, and permanent and temporary workers, whether paid or unpaid, of Sadeq Gourmet Deli, are trained in accordance with SNAP training guidelines within thirty (30) days of the date that Plaintiff signs this Stipulation. Plaintiffs understand and agree that all authorized SNAP retailers are expected to abide by the training guidelines and responsibilities, which are available at https://www.fns.usda.gov/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 Plaintiffs sign this Stipulation, to SM.FN.ROCretailreply@usda.gov. 6. Plaintiffs shall display the "SNAP Fraud Poster," available at https://fns-prod.azureedge.net/sites/default/files/SNAP_fraud_poster_desktop_prt.pdf, within its store in a position that is prominent and visible to customers. 7. This settlement does not vacate FNS's determination dated February 18, 2021, that found the violations cited in the January 25, 2021 charge letter were substantiated, and was affirmed, following an administrative action, on May 18, 2021, and does not preclude Defendants 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. 8. Plaintiffs acknowledge that they fully understand 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. 9. The Parties acknowledge, understand, and agree that this Stipulation sets forth the entire agreement between the Parties relating to the subject matter hereof. 10. This Stipulation shall be binding upon and inure to the benefit of the Parties and their respective legal representatives, successors, and assigns. 11. 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. Because the parties filed it on the docket in accordance with Rule F of the Court's Individual Rules and Practices in Civil Cases, the Court will retain jurisdiction over the settlement agreement. In light of the parties' stipulation of dismissal pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure, Dkt. 12, the Clerk of the Court is respectfully directed to close this case. SO ORDERED. (Signed by Judge John P. Cronan on 7/27/2021) (ate)
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| Filing 12 PROPOSED STIPULATION AND ORDER. Document filed by United States Department of Agriculture, Food and Nutrition Service, United States of America..(Schwartz, Tara) |
| Filing 11 SETTLEMENT AGREEMENT . Document filed by United States Department of Agriculture, Food and Nutrition Service, United States of America..(Schwartz, Tara) |
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Filing 10
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 February 18, 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 Plaintiff's claims and the relief sought in its complaint filed in the above-captioned action. (Signed by Judge John P. Cronan on 6/10/2021) (nb)
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| Filing 9 PROPOSED STIPULATION AND ORDER. Document filed by United States Department of Agriculture, Food and Nutrition Service, United States of America..(Schwartz, Tara) |
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Filing 8
NOTICE OF ASSIGNMENT: Counsel for all parties are hereby ORDERED to appear before the undersigned for an Initial Pretrial Conference (IPTC) in accordance with Rule 16 of the Federal Rules of Civil Procedure on August 3, 2021 at 11:00 a.m. Unless the Court orders otherwise, the Court will conduct the IPTC by teleconference. At the scheduled time, counsel for all parties should call (866) 434-5269, access code 9176261. Initial Conference set for 8/3/2021 at 11:00 AM before Judge John P. Cronan. (Signed by Judge John P. Cronan on 6/9/2021) (nb)
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| Filing 7 NOTICE OF APPEARANCE by Tara Schwartz on behalf of United States Department of Agriculture, Food and Nutrition Service, United States of America..(Schwartz, Tara) |
| Filing 6 ELECTRONIC SUMMONS ISSUED as to United States Department of Agriculture, Food and Nutrition Service, 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,, #4 Complaint. Document filed by Mariam Salah Ahmed Morshed, Sadek Almahillah, Sadeq Gourmet Deli LLC..(Berkowitz, Jess) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Jess Martin Berkowitz to RE-FILE Document No. #2 Request for Issuance of Summons,. The filing is deficient for the following reason(s): summons request must be linked to the properly filed pleading;. 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. (jgo) |
| Case Designated ECF. (jgo) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Jess Martin Berkowitz. The party information for the following party/parties has been modified: Mariam Salah Morshed; United States Department of Agriculture. The information for the party/parties has been modified for the following reason/reasons: party name contained a typographical error;. (jgo) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge John P. Cronan. 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 CIVIL COVER SHEET. Notice to attorney Jess Martin Berkowitz to RE-FILE Document No. #3 Civil Cover Sheet. The filing is deficient for the following reason(s): the PDF was not signed by the attorney;. Re-file the document using the event type Civil Cover Sheet found under the event list Other Documents and attach the correct PDF. Use civil cover sheet issued by S.D.N.Y. dated October 1, 2020. The S.D.N.Y. Civil Cover Sheet dated October 1, 2020 is located at#http://nysd.uscourts.gov/file/forms/civil-cover-sheet.. (jgo) |
| Magistrate Judge James L. Cott 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 COMPLAINT against United States Department of Agriculture, United States of America. Document filed by Mariam Salah Morshed, Sadeq Gourmet Deli LLC, Sadek Almahillah..(Berkowitz, Jess) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Jess Martin Berkowitz to RE-FILE Document No. #1 Complaint. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the pleading is not correct; the pleading must be the main document; remove the first page. 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. If the deficiency/deficiencies are not corrected within five (5) days per Amended Standing Order 15-mc-00131 this case will be administratively closed. Initial Pleading due by 6/9/2021. (jgo) |
| Filing 3 FILING ERROR - PDF ERROR - CIVIL COVER SHEET filed..(Berkowitz, Jess) Modified on 6/7/2021 (jgo). |
| Filing 2 FILING ERROR SUMMONS NOT LINKED TO CORRESPONDING PLEADING- 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 Sadek Almahillah, Mariam Salah Morshed, Sadeq Gourmet Deli LLC..(Berkowitz, Jess) Modified on 6/7/2021 (jgo). |
| Filing 1 FILING ERROR - PDF ERROR - COMPLAINT against United States Department of Agriculture, United States of America. (Filing Fee $ 402.00, Receipt Number ANYSDC-24627733)Document filed by Mariam Salah Morshed, Sadeq Gourmet Deli LLC, Sadek Almahillah. (Attachments: #1 Affidavit Declaration of Plaintiff, #2 Exhibit FNS letter 1/25/2021, #3 Exhibit Transaction Reports, #4 Exhibit FNS letter 2/18/2021, #5 Exhibit Attorney's letter 2/26/2021, #6 Exhibit Final Agency Decision).(Berkowitz, Jess) Modified on 6/4/2021 (jgo). |
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