Almozallem et al v. United States of America et al
Plaintiff: Waleed Kaid Almozallem and 20/20 Convenience Store Inc.
Defendant: United States of America, United States Department of Agriculture and United States Department of Agriculture, Food and Nutrition Service
Case Number: 1:2021cv06358
Filed: July 26, 2021
Court: US District Court for the Southern District of New York
Presiding Judge: Mary Kay Vyskocil
Nature of Suit: Other Statutes: Administrative Procedures Act/Review or Appeal of Agency Decision
Cause of Action: 07 U.S.C. ยง 202
Jury Demanded By: None
Docket Report

This docket was last retrieved on September 14, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
September 14, 2021 Opinion or Order Filing 9 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. Service ("FNS"), dated July 19, 2021, temporarily disqualifying Plaintiffs from the Supplemental Nutrition Assistance Program ("SNAP") for a period of six months; and WHEREAS the Parties desire to resolve all claims in this action: 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 $6,576.00, payable within three months of the date that this Court orders this Stipulation. More specifically, the first payment of $2,192.00 shall be made within 30 days after this Court orders this Stipulation, and two equal monthly payments of $2,192.00 shall be made thereafter. Plaintiffs' payments shall be made at http://www.pay.govin accordance with instructions provided by the Financial Litigation Unit of the United States Attorney's Office for the Southern District of New York. As further set forth in this Order. 9. Plaintiffs acknowledge that they fully understand the waivers of rights set forth in this Stipulation and knowingly and voluntarily waive those rights after a full and complete opportunity to consult an attorney regarding said waivers and their meaning. 10. The Parties acknowledge, understand, and agree that this Stipulation sets forth the entire agreement between the Parties relating to the subject matter hereof. 11. This Stipulation shall be binding upon and inure to the benefit of the Parties and their respective legal representatives, successors, and assigns. 12. 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. SO ORDERED. (Signed by Judge Mary Kay Vyskocil on 9/14/2021) (ks)
September 14, 2021 Filing 8 PROPOSED STIPULATION AND ORDER. Document filed by United States Department of Agriculture, Food and Nutrition Service, United States of America..(Kahane, Joshua)
September 14, 2021 Case Stay Lifted. (ks)
August 2, 2021 Opinion or Order Filing 7 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 July 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. 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., Case stayed. (Signed by Judge Mary Kay Vyskocil on 8/2/2021) (rj)
July 29, 2021 Filing 6 PROPOSED STIPULATION AND ORDER. Document filed by United States Department of Agriculture, Food and Nutrition Service, United States of America..(Kahane, Joshua)
July 28, 2021 Filing 5 NOTICE OF APPEARANCE by Joshua Evan Kahane on behalf of United States Department of Agriculture, Food and Nutrition Service, United States of America..(Kahane, Joshua)
July 27, 2021 Filing 4 ELECTRONIC SUMMONS ISSUED as to United States Department of Agriculture, Food and Nutrition Service, United States of America, U.S. Attorney and U.S. Attorney General..(jgo)
July 27, 2021 Case Designated ECF. (jgo)
July 27, 2021 ***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)
July 27, 2021 CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Mary Kay Vyskocil. 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)
July 27, 2021 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. (jgo)
July 26, 2021 Filing 3 CIVIL COVER SHEET filed..(Berkowitz, Jess)
July 26, 2021 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 20/20 Convenience Store Inc., Waleed Kaid Almozallem..(Berkowitz, Jess)
July 26, 2021 Filing 1 COMPLAINT against United States Department of Agriculture, United States of America. (Filing Fee $ 402.00, Receipt Number ANYSDC-24842979)Document filed by Waleed Kaid Almozallem, 20/20 Convenience Store Inc.. (Attachments: #1 Affidavit Declaration of Plaintiff, #2 Exhibit FNS letter 11/8/2018, #3 Exhibit Transaction Reports, #4 Exhibit FNS letter 5/12/2021, #5 Exhibit Attorney letter 5/15/2021, #6 Exhibit Final Agency Decision).(Berkowitz, Jess)

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Plaintiff: Waleed Kaid Almozallem
Represented By: Jess Martin Berkowitz
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Plaintiff: 20/20 Convenience Store Inc.
Represented By: Jess Martin Berkowitz
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Defendant: United States of America
Represented By: Joshua Evan Kahane
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Defendant: United States Department of Agriculture
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Defendant: United States Department of Agriculture, Food and Nutrition Service
Represented By: Joshua Evan Kahane
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