De Las Nueces et al v. United States of America et al
| Marina De Las Nueces and Sazon Deli Grocery Corp. |
| United States of America and United States Department of Agriculture |
| 1:2021cv06027 |
| July 14, 2021 |
| US District Court for the Southern District of New York |
| Vernon S Broderick |
| Other Statutes: Administrative Procedures Act/Review or Appeal of Agency Decision |
| 42 U.S.C. ยง 10139 |
| None |
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Filing 9
STIPULATION OF SETTLEMENT: IT IS STIPULATED AND AGREED, by and between the Parties, through their respective counsel, as follows: 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 $4,400.00, payable within 30 days after this Court orders this Stipulation. Plaintiffs' payment shall be made by attorney's check, 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. If Plaintiffs fail to make the payment referenced in paragraph 2 above, or any portions of the payment, 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 disqualified from SNAP for six months; (b) Plaintiffs waive the right to administrative or judicial review of such disqualification; 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 obligated to serve the entire six-month disqualification period, regardless of whether Plaintiffs have already paid any portion of the total civil money penalty. All other provisions as further set forth in this Order. So Ordered (Signed by Judge Vernon S. Broderick on 8/16/2021) (js)
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| Filing 8 PROPOSED STIPULATION AND ORDER. Document filed by United States Department of Agriculture, United States of America..(Kahane, Joshua) |
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Filing 7
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; The USDA agrees to stay its June 21, 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 change 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. And as set forth herein. SO ORDERED. (Signed by Judge Vernon S. Broderick on 7/16/2021) (ama)
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| Filing 6 PROPOSED STIPULATION AND ORDER. Document filed by United States Department of Agriculture, United States of America..(Kahane, Joshua) |
| Filing 5 NOTICE OF APPEARANCE by Joshua Evan Kahane on behalf of United States Department of Agriculture, United States of America..(Kahane, Joshua) |
| Filing 4 ELECTRONIC SUMMONS ISSUED as to United States Department of Agriculture, United States of America..(pc) |
| Case Designated ECF. (pc) |
| ***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: County code Albany; Fee Status code due (due);. The following correction(s) have been made to your case entry: the County code has been modified to New York; the Fee Status code has been modified to pd (paid);. (pc) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Vernon S. Broderick. 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..(pc) |
| 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. (pc) |
| Filing 3 CIVIL COVER SHEET filed..(Berkowitz, Jess) |
| Filing 2 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 Marina De Las Nueces, Sazon Deli Grocery Corp...(Berkowitz, Jess) |
| Filing 1 COMPLAINT against United States Department of Agriculture, United States of America. (Filing Fee $ 402.00, Receipt Number ANYSDC-24790282)Document filed by Marina De Las Nueces, Sazon Deli Grocery Corp.. (Attachments: #1 Affidavit Declaration of Plaintiff, #2 Exhibit FNS letter 8/1/2019, #3 Exhibit Transaction Reports, #4 Exhibit FNS letter 4/20/2021, #5 Exhibit Attorney letter 4/26/2021, #6 Exhibit Final Agency Decision).(Berkowitz, Jess) |
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