Al Owmari et al v. United States of America et al
Plaintiff: Samera N Al Owmari and Tremont Gourmet Deli and Grocery Inc,
Defendant: United States of America, United States Department of Agriculture and Food and Nutrition Service
Case Number: 1:2021cv06869
Filed: August 16, 2021
Court: US District Court for the Southern District of New York
Presiding Judge: John G Koeltl
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 16, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
September 16, 2021 Opinion or Order Filing 9 STIPULATION OF SETTLEMENT AND ORDER OF DISMISSAL: 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 $20,286.00, payable in twelve equal installments of $1,690.50, with the first payment made within 30 days of the date that this Court orders this Stipulation, and each subsequent payment made within 30 days of the prior payment, such that Plaintiffs shall have paid the civil monetary penalty, totaling $20,286, in full within 360days of the date that this Stipulation is filed with the Court. Plaintiffs' payment shall be made at http://www.pay.gov in 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. The Clerk is directed to close this case. SO ORDERED. (Signed by Judge John G. Koeltl on 9/16/2021) (ks)
September 15, 2021 Filing 8 PROPOSED STIPULATION AND ORDER. Document filed by Food and Nutrition Service, United States Department of Agriculture, United States of America..(Stein, Ilan)
September 15, 2021 Minute Entry for proceedings held before Judge John G. Koeltl: Initial Conference set for 11/29/2021 at 02:30 PM before Judge John G. Koeltl. Dial-in: 888 363-4749, with access code 8140049. (Fletcher, Donnie)
August 27, 2021 Filing 7 NOTICE OF APPEARANCE by Ilan Stein on behalf of Food and Nutrition Service, United States Department of Agriculture, United States of America..(Stein, Ilan)
August 18, 2021 Filing 6 COMPLAINT against Food and Nutrition Service, United States Department of Agriculture, United States of America. Document filed by Tremont Gourmet Deli and Grocery Inc,..(Berkowitz, Jess)
August 18, 2021 Filing 5 FILING ERROR - DEFICIENT PLEADING - FILED AGAINST PARTY ERROR - COMPLAINT against United States Department of Agriculture, United States of America. Document filed by Samera N Al Owmari..(Berkowitz, Jess) Modified on 8/18/2021 (jgo).
August 18, 2021 ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Jess Martin Berkowitz to RE-FILE Document No. #3 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)
August 18, 2021 Case Designated ECF. (jgo)
August 18, 2021 CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge John G. Koeltl. 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 18, 2021 Magistrate Judge Sarah Netburn 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 17, 2021 ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Jess Martin Berkowitz to RE-FILE Document No. #1 Complaint,, #2 Complaint,. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the pleading is not correct;. 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 8/23/2021. (jgo)
August 16, 2021 Filing 4 CIVIL COVER SHEET filed..(Berkowitz, Jess)
August 16, 2021 Filing 3 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, #2 Complaint,. Document filed by Samera N Al Owmari, Tremont Gourmet Deli and Grocery Inc,..(Berkowitz, Jess) Modified on 8/18/2021 (jgo).
August 16, 2021 Filing 2 FILING ERROR - PDF ERROR - COMPLAINT against Food and Nutrition Service. Document filed by Tremont Gourmet Deli and Grocery Inc,. (Attachments: #1 Affidavit Declaration of Plaintiff, #2 Exhibit FNS letter 12/03/2020, #3 Exhibit Transaction Reports, #4 Exhibit FNS letter 3/17/2021, #5 Exhibit Attorney letter 3/22/2021, #6 Exhibit Final Agency Decision).(Berkowitz, Jess) Modified on 8/17/2021 (jgo).
August 16, 2021 Filing 1 FILING ERROR - PDF ERROR - COMPLAINT against United States Department of Agriculture, United States of America. (Filing Fee $ 402.00, Receipt Number ANYSDC-24935017)Document filed by Samera N Al Owmari. (Attachments: #1 Affidavit Declaration of Plaintiff, #2 Exhibit FNS letter 12/03/2020, #3 Exhibit Transaction Reports, #4 Exhibit FNS letter 3/17/2021, #5 Exhibit Attorney letter 3/22/2021, #6 Exhibit Final Agency Decision).(Berkowitz, Jess) Modified on 8/17/2021 (jgo).

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Plaintiff: Samera N Al Owmari
Represented By: Jess Martin Berkowitz
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Plaintiff: Tremont Gourmet Deli and Grocery Inc,
Represented By: Jess Martin Berkowitz
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Defendant: United States of America
Represented By: Ilan Stein
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Defendant: United States Department of Agriculture
Represented By: Ilan Stein
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Defendant: Food and Nutrition Service
Represented By: Ilan Stein
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