Ali et al v. United States of America et al
| Fouad Yahya Ali and Big G Deli Inc. |
| United States of America, United States Department of Agriculture and United States Department of Agriculture, Food and Nutrition Service |
| 1:2021cv08495 |
| October 14, 2021 |
| US District Court for the Southern District of New York |
| Katherine Polk Failla |
| Other Statutes: Administrative Procedures Act/Review or Appeal of Agency Decision |
| 07 U.S.C. § 202 |
| None |
Docket Report
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Filing 9
STIPULATION AND ORDER 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 $4,884.00, payable in one installment with payment made in full within 30 days of the date of entry of this Stipulation and Order of Settlement ("Stipulation") by the Court. Payments shall be made through Pay.gov with instructions provided to Plaintiffs in the Bill for Collection Standard Form 1114. Accepted payment methods through Pay.gov are bank account transfer (ACH) or credit/debit card. 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. The Clerk of Court is directed to close a adjourn all remaining dates, and close this case. So Ordered (Signed by Judge Katherine Polk Failla on 11/16/2021) (js) Transmission to Finance Unit (Cashiers) for processing. Modified on 11/17/2021 (js).
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| Filing 8 PROPOSED STIPULATION AND ORDER. Document filed by United States Department of Agriculture, Food and Nutrition Service, United States of America..(Farber, David) |
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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 betweenPlaintiffs and the USDA, by their respective undersigned attorneys, that: The USDA agrees to stay its September 30, 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 orunlawful in any way), nor shall the Stay limit the USDA's right to oppose Plaintiffs' claimsand the relief sought in Plaintiffs' complaint filed in the above-captioned action. SO ORDERED. (Signed by Judge Katherine Polk Failla on 10/26/2021) (rro)
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| Filing 6 PROPOSED STIPULATION AND ORDER. Document filed by United States Department of Agriculture, Food and Nutrition Service, United States of America..(Weinreb, Carly) |
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Filing 5
NOTICE OF INITIAL PRETRIAL CONFERENCE: This case has been assigned to me for all purposes. It is hereby ORDERED that counsel for all parties appear for an initial pretrial conference with the Court on February 8, 2022, at 12:00 p.m. The conference will be held telephonically. At the scheduled date and time, the parties are to call (888) 363-4749 and enter access code 5123533. Initial Conference set for 2/8/2022 at 12:00 PM before Judge Katherine Polk Failla. (Signed by Judge Katherine Polk Failla on 10/21/2021) (rro)
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| Filing 4 ELECTRONIC SUMMONS ISSUED as to United States Department of Agriculture, Food and Nutrition Service, United States of America..(pc) |
| ***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;. (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: Cause of Action code blank; Fee Status code due (due);. The following correction(s) have been made to your case entry: the Cause of Action code has been modified to 07:2023(a); the Fee Status code has been modified to pd (paid);. (pc) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Katherine Polk Failla. 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 Kevin Nathaniel Fox 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 Fouad Yahya Ali, Big G Deli Inc...(Berkowitz, Jess) |
| Filing 1 COMPLAINT against United States Department of Agriculture, United States of America. (Filing Fee $ 402.00, Receipt Number ANYSDC-25198139)Document filed by Fouad Yahya Ali, Big G Deli Inc.. (Attachments: #1 Affidavit Declaration of Plaintiff, #2 Exhibit FNS letter 3/4/2021, #3 Exhibit Transaction Reports, #4 Exhibit Attorney letter 3/10/2021, #5 Exhibit FNS letter 4/13/2021, #6 Exhibit Attorney letter 4/14/2021, #7 Exhibit Final Agency Decision).(Berkowitz, Jess) |
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