Alsaedi et al v. United States of America et al
| 188 Valentine Deli Corp. and Mustafa Alsaedi |
| United States Department of Agriculture, Food and Nutrition Service and United States of America |
| 1:2021cv04994 |
| June 6, 2021 |
| US District Court for the Southern District of New York |
| Gregory H Woods |
| Other Statutes: Administrative Procedures Act/Review or Appeal of Agency Decision |
| None |
Docket Report
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| Filing 9 STIPULATION OF VOLUNTARY DISMISSAL It is hereby stipulated and agreed by and between the parties and/or their respective counsel(s) that the above-captioned action is voluntarily dismissed, with prejudice against the defendant(s) United States Department of Agriculture, Food and Nutrition Service, United States of America and without costs pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure. Document filed by Mustafa Alsaedi, 188 Valentine Deli Corp.. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers)...(Bannon, Zachary) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT VOLUNTARY DISMISSAL. Notice to Attorney Bannon, Zachary. RE-FILE Document No. #8 Stipulation of Voluntary Dismissal. The filing is deficient for the following reason(s): the wrong filer/filers was/were selected for the voluntary dismissal, or the wrong party/parties whom the voluntary dismissal is against was/were selected, defendants can not dismiss themselves. Re-file the document using the event type Stipulation of Voluntary Dismissal found under the event list Other Documents - select the correct filer/filers - select the correct party/parties the voluntary dismissal is against - and attach the correct signed (scanned signature image) PDF. (tp) |
| Filing 8 FILING ERROR - DEFICIENT DOCKET ENTRY - FILER ERROR - STIPULATION OF VOLUNTARY DISMISSAL It is hereby stipulated and agreed by and between the parties and/or their respective counsel(s) that the above-captioned action is voluntarily dismissed, with prejudice against the defendant(s) United States Department of Agriculture, Food and Nutrition Service, United States of America and without costs pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure. Document filed by United States Department of Agriculture, Food and Nutrition Service, United States of America. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers)...(Bannon, Zachary) Modified on 7/28/2021 (tp). |
| Filing 7 SETTLEMENT AGREEMENT . Document filed by United States Department of Agriculture, Food and Nutrition Service, United States of America..(Bannon, Zachary) |
Filing 6
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 Plaintiffs and the USDA, by their respective undersigned attorneys, that: 1. The USDA agrees to stay its May 19, 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. 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. 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 its complaint filed in the above-captioned action. SO ORDERED. (Signed by Judge Gregory H. Woods on 6/11/2021) (rro)
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| Filing 5 PROPOSED STIPULATION AND ORDER. Document filed by United States Department of Agriculture, Food and Nutrition Service, United States of America..(Bannon, Zachary) |
| Filing 4 NOTICE OF INITIAL PRETRIAL CONFERENCE: Initial Conference set for 9/23/2021 at 04:00 PM in Courtroom 12C, 500 Pearl Street, New York, NY 10007 before Judge Gregory H. Woods. (Signed by Judge Gregory H. Woods on 6/8/2021) (rro) |
| ***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): the PDF attached to the docket entry for the issuance of summons is not correct; party name on the PDF case caption contains a typographical error;. 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) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Jess Martin Berkowitz. The party information for the following party/parties has been modified: 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) |
| Magistrate Judge Barbara C. Moses 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) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Gregory H. Woods. 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) |
| Case Designated ECF. (jgo) |
| Filing 3 CIVIL COVER SHEET filed..(Berkowitz, Jess) |
| Filing 2 FILING ERROR - SUMMONS REQUEST PDF ERROR - 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 188 Valentine Deli Corp., Mustafa Alsaedi..(Berkowitz, Jess) Modified on 6/7/2021 (jgo). |
| Filing 1 COMPLAINT against United States Department of Agriculture, United States of America. (Filing Fee $ 402.00, Receipt Number ANYSDC-24635668)Document filed by Mustafa Alsaedi, 188 Valentine Deli Corp.. (Attachments: #1 Affidavit Declaration of Plaintiff, #2 Exhibit FNS letter 10/17/2018, #3 Exhibit Transaction Reports, #4 Exhibit Attorney letter 10/26/2018, #5 Exhibit FNS letter 3/9/2021, #6 Exhibit Attorney letter 3/15/2021, #7 Exhibit Final Agency Decision).(Berkowitz, Jess) |
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