Ahmed Mohammed et al v. United States Department of Agriculture, Food and Nutrition Service
Plaintiff: RASHAD LUFT AHMED MOHAMMED, 1902 New Way Gourmet Inc. and Rashad Lutf Ahmed Mohammed
Defendant: United States Dep't of Agriculture, Food and Nutrition Service and United States Department of Agriculture, Food and Nutrition Service
Case Number: 1:2021cv06844
Filed: August 13, 2021
Court: US District Court for the Southern District of New York
Presiding Judge: Lorna G Schofield
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 December 1, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
September 29, 2021 Opinion or Order Filing 12 ORDER granting #2 Motion for Joseph A. Bahgat to Appear Pro Hac Vice (HEREBY ORDERED by Judge Lorna G. Schofield)(Text Only Order) (jcs)
September 15, 2021 Opinion or Order Filing 11 ORDER: Initial Conference set for 10/28/2021 at 10:40 AM before Judge Lorna G. Schofield. The conference will be telephonic. (Signed by Judge Lorna G. Schofield on 9/15/2021) (ks)
August 19, 2021 Opinion or Order Filing 10 STIPULATION AND ORDER STAYING PLAINTIFFS' DISQUALIFICATION FROM THE SUPPLEMENT AL 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 15, 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 Plaintiffs' complaint filed in the above-captioned action. The Clerk of Court is respectfully directed to close the motion at Docket No. 4. SO ORDERED. Motions terminated: #4 EMERGENCY MOTION for Temporary Restraining Order . filed by 1902 New Way Gourmet Inc., Rashad Lutf Ahmed Mohammed. (Signed by Judge Lorna G. Schofield on 8/19/2021) (mml)
August 18, 2021 Filing 9 NOTICE OF APPEARANCE by Carly Iris Weinreb on behalf of United States Department of Agriculture, Food and Nutrition Service..(Weinreb, Carly)
August 18, 2021 Filing 8 PROPOSED STIPULATION AND ORDER. Document filed by 1902 New Way Gourmet Inc., Rashad Lutf Ahmed Mohammed..(Bahgat, Joseph)
August 17, 2021 Opinion or Order Filing 7 ORDER: WHEREAS, the parties informed the Court that they are preparing a stipulation to address the requests made in Plaintiffs' application for a temporary restraining order. It is hereby ORDERED that the conference scheduled for August 17, 2021, at 5:00 p.m. is CANCELLED. (Signed by Judge Lorna G. Schofield on 8/17/2021) (cf)
August 17, 2021 Opinion or Order Filing 6 AMENDED ORDER TO SHOW CAUSE: WHEREAS, Plaintiff filed a motion for a temporary restraining order and preliminary injunction. Dkt. No. 4. it is ORDERED, that the above named defendant show cause before a motion term of this court, at conference line 888-363-4749, access code: 5583333 on 8/17/2021, at 5:00 p.m. why an order should not be issued pursuant to Rule 65 of the Federal Rules of Civil Procedure temporarily restraining the defendant during the pendency of this action from disabling, suspending, or terminating plaintiffs' ability to participate in the federal food stamp program known as "SNAP" (Supplemental Nutrition Assistance Program), and accepting EBT (Electronic Benefits Transfer) payments at plaintiffs' retail store located at 1902 7th Avenue, New York, New York 10026. It is further ORDERED that Defendant shall file any opposition to the motion for temporary restraining order by August 16, 2021, at 2:00 p.m. ( Responses due by 8/17/2021) (Signed by Judge Lorna G. Schofield on 8/17/2021) (cf)
August 17, 2021 Opinion or Order Filing 5 ORDER TO SHOW CAUSE: WHEREAS, Plaintiff filed a motion for a temporary restraining order and preliminary injunction. Dkt. No. 4. it is ORDERED, that the above named defendant show cause before a motion term of this court, at conference line 888-363-4749, access code: 5583333 on 8/17/2021, at 5:00 p.m. why an order should not be issued pursuant to Rule 65 of the Federal Rules of Civil Procedure temporarily restraining the defendant during the pendency of this action from disabling, suspending, or terminating plaintiffs' ability to participate in the federal food stamp program known as "SNAP" (Supplemental Nutrition Assistance Program), and accepting EBT (Electronic Benefits Transfer) payments at plaintiffs' retail store located at 1902 7th Avenue, New York, New York 10026; as further set forth in this Order. ( Telephone Conference set for 8/17/2021 at 05:00 PM before Judge Lorna G. Schofield.) (Signed by Judge Lorna G. Schofield on 8/16/2021) (cf)
August 16, 2021 Filing 4 EMERGENCY MOTION for Temporary Restraining Order . Document filed by 1902 New Way Gourmet Inc., Rashad Lutf Ahmed Mohammed. (Attachments: #1 Proposed Order, #2 Memo of Law).(Bahgat, Joseph) (Refer to ECF Rule 13.19(b) and (c) for directions regarding promptly alerting the court to this filing.)
August 16, 2021 Filing 3 CIVIL COVER SHEET filed..(Bahgat, Joseph)
August 16, 2021 ***NOTICE TO ATTORNEY TO ELECTRONICALLY FILE CIVIL COVER SHEET. Notice to Attorney Joseph A. Bahgat. Attorney must electronically file the Civil Cover Sheet. Use the event type Civil Cover Sheet found under the event list Other Documents. (jgo)
August 16, 2021 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #2 MOTION for Joseph A. Bahgat to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-24932263. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb)
August 16, 2021 ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Joseph A. Bahgat. The party information for the following party/parties has been modified: RASHAD LUFT AHMED MOHAMMED; United States Dep't of Agriculture, Food and Nutrition Service. The information for the party/parties has been modified for the following reason/reasons: party name contained a typographical error; party name was entered in all caps;. (jgo)
August 16, 2021 CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Lorna G. Schofield. 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)
August 16, 2021 Case Designated ECF. (jgo)
August 16, 2021 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)
August 13, 2021 Filing 2 MOTION for Joseph A. Bahgat to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-24932263. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by 1902 New Way Gourmet Inc., RASHAD LUFT AHMED MOHAMMED. (Attachments: #1 Proposed Order, #2 Affidavit, #3 Cert. of Good Standing).(Bahgat, Joseph)
August 13, 2021 Filing 1 COMPLAINT against United States Dep't of Agriculture, Food and Nutrition Service. (Filing Fee $ 402.00, Receipt Number ANYSDC-24932056)Document filed by RASHAD LUFT AHMED MOHAMMED, 1902 New Way Gourmet Inc.. (Attachments: #1 Decl. of Plaintiff).(Bahgat, Joseph)

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Plaintiff: RASHAD LUFT AHMED MOHAMMED
Represented By: Joseph A. Bahgat
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Plaintiff: 1902 New Way Gourmet Inc.
Represented By: Joseph A. Bahgat
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Plaintiff: Rashad Lutf Ahmed Mohammed
Represented By: Joseph A. Bahgat
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Defendant: United States Dep't of Agriculture, Food and Nutrition Service
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Defendant: United States Department of Agriculture, Food and Nutrition Service
Represented By: Carly Iris Weinreb
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