Los Rodriguez Deli & Grocery Co., et al v. Unites States of America et al
| Plaintiff Los Rodriguez Deli & Grocery Co.,, Plaintiff Juan Antonio Rodriguez, Los Rodriguez Deli & Grocery Co., and Juan Antonio Rodriguez |
| Defendant Unites States of America, Defendant USDA Food and Nutrition Service, Unites States of America and United States Department of Agriculture Food and Nutrition Service, Administrative Review Officer |
| 1:2021cv08844 |
| October 28, 2021 |
| US District Court for the Southern District of New York |
| Mary Kay Vyskocil |
| Other Statutes: Administrative Procedures Act/Review or Appeal of Agency Decision |
| 07 U.S.C. § 202 |
| None |
Docket Report
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This docket was last retrieved on December 23, 2021. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 14 PROPOSED STIPULATION AND ORDER. Document filed by United States Department of Agriculture Food and Nutrition Service, Administrative Review Officer, Unites States of America..(Weinreb, Carly) |
| Filing 13 PROPOSED STIPULATION AND ORDER. Document filed by United States Department of Agriculture Food and Nutrition Service, Administrative Review Officer, Unites States of America..(Weinreb, Carly) |
Filing 12
MEMO ENDORSEMENT re: #11 RESPONSE to Motion re: 3 EMERGENCY MOTION for Temporary Restraining Order.EMERGENCY MOTION for Preliminary Injunction.EMERGENCY MOTION for Order to Show Cause.. Document filed by United States Department of Agriculture Food and Nutrition Service, Administrative Review Officer, Unites States of America; terminating #3 Motion for TRO; terminating #3 Motion for Preliminary Injunction; terminating #3 Motion for Order to Show Cause. ENDORSEMENT: On the consent of the parties, any suspension of Plaintiffs' participation in SNAP is STAYED pending the resolution of this action. Accordingly, the hearing that was previously scheduled to take place on November 2, 2021 is ADJOURNED sine die. The Clerk of Court is respectfully directed to terminate the motion pending at docket entry 3. (Signed by Judge Mary Kay Vyskocil on 11/1/2021) (tg)
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| Filing 11 RESPONSE to Motion re: #3 EMERGENCY MOTION for Temporary Restraining Order .EMERGENCY MOTION for Preliminary Injunction .EMERGENCY MOTION for Order to Show Cause . . Document filed by United States Department of Agriculture Food and Nutrition Service, Administrative Review Officer, Unites States of America..(Weinreb, Carly) |
| Filing 10 NOTICE OF APPEARANCE by Carly Iris Weinreb on behalf of United States Department of Agriculture Food and Nutrition Service, Administrative Review Officer, Unites States of America..(Weinreb, Carly) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney George A Ortiz to RE-FILE Document No. #9 Second Amended Complaint. The filing is deficient for the following reason(s): the wrong event type was used to file the pleading; the PDF attached to the docket entry for the pleading is not correct, "Et al" Error on caption. The caption of the pleading must name all the parties. Re-file the pleading using the event type Amended 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. (vf) |
| Filing 9 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - SECOND AMENDED COMPLAINT amending #1 Complaint, #2 Amended Complaint, against United States Department of Agriculture Food and Nutrition Service, Administrative Review Officer, Unites States of America.Document filed by Los Rodriguez Deli & Grocery Co.,, Juan Antonio Rodriguez. Related document: #1 Complaint, #2 Amended Complaint,..(Ortiz, George) Modified on 11/1/2021 (vf). |
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Filing 8
SCHEDULING ORDER with respect to #3 Motion for TRO; with respect to #3 Motion for Preliminary Injunction; with respect to #3 Motion for Order to Show Cause. Accordingly, IT IS HEREBY ORDERED that Plaintiffs shall effectuate service on the government today, October 29, 2021. IT IS FURTHER ORDERED that the government shall respond by 2:00 PM on Monday, November 1, 2021. In that response, the government shall inform the Court whether it consents to stay the suspension pending resolution of this dispute. IT IS FURTHER ORDERED that the parties shall appear for a telephonic hearing on Plaintiffs motion on Tuesday, November 2, 2021 at 2:00 PM. To join the hearing, dial 888-278-0296 at the scheduled time. When prompted, enter Access Code 5195844. SO ORDERED. (Signed by Judge Mary Kay Vyskocil on 10/29/2021) (tg)
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| Filing 7 ELECTRONIC SUMMONS ISSUED as to United States Department of Agriculture Food and Nutrition Service, Administrative Review Officer, Unites States of America, U.S. Attorney and U.S. Attorney General..(jgo) |
| Filing 6 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Los Rodriguez Deli & Grocery Co.,, Juan Antonio Rodriguez..(Ortiz, George) |
| Filing 5 REQUEST FOR ISSUANCE OF SUMMONS as to United States, United States Department of Agriculture Food and Nutrition Service, Administrative Review Officer, re: #1 Complaint, #2 Amended Complaint,. Document filed by Los Rodriguez Deli & Grocery Co.,, Juan Antonio Rodriguez..(Ortiz, George) |
| Filing 4 CIVIL COVER SHEET filed..(Ortiz, George) |
| Filing 3 EMERGENCY MOTION for Temporary Restraining Order ., EMERGENCY MOTION for Preliminary Injunction ., EMERGENCY MOTION for Order to Show Cause . Document filed by Los Rodriguez Deli & Grocery Co.,, Juan Antonio Rodriguez. (Attachments: #1 Text of Proposed Order Order to Show Cause, #2 Supplement Memorandum in Support Order to Show Cause, TRO, PI).(Ortiz, George) (Refer to ECF Rule 13.19(b) and (c) for directions regarding promptly alerting the court to this filing.) |
| Set/Reset Hearings:( Telephone Conference set for 11/2/2021 at 02:00 PM before Judge Mary Kay Vyskocil.), Set/Reset Deadlines: ( Responses due by 11/1/2021) (tg) |
| Case Designated ECF. (jgo) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney George A Ortiz. The party information for the following party/parties has been modified: USDA Food and Nutrition Service. The information for the party/parties has been modified for the following reason/reasons: party name contained a typographical error;. (jgo) |
| ***NOTICE TO ATTORNEY REGARDING CIVIL CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney George A Ortiz. The following case opening statistical information was erroneously selected/entered: Jurisdiction code 3 (Federal Question); County code New York; Fee Status code due (due);. The following correction(s) have been made to your case entry: the Jurisdiction code has been modified to 2 (U.S. Government Defendant); the County code has been modified to Bronx; the Fee Status code has been modified to pd (paid);. (jgo) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney George A Ortiz to RE-FILE Document No. #2 Amended Complaint,. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the pleading is not correct; the pleading must be titled to correspond with the event type used. Re-file the pleading using the event type Amended 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. (jgo) |
| 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) |
| 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. (jgo) |
| Filing 2 FIRST AMENDED COMPLAINT amending #1 Complaint, against USDA Food and Nutrition Service, Unites States of America.Document filed by Los Rodriguez Deli & Grocery Co.,, Juan Antonio Rodriguez. Related document: #1 Complaint,. (Attachments: #1 Exhibit 1, #2 Exhibit 2).(Ortiz, George) |
| Filing 1 COMPLAINT against USDA Food and Nutrition Service, Unites States of America. (Filing Fee $ 402.00, Receipt Number ANYSDC-25260184)Document filed by Los Rodriguez Deli & Grocery Co.,, Juan Antonio Rodriguez. (Attachments: #1 Affidavit Declaration).(Ortiz, George) |
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