Himed et al v. United States of America et al
| Huda Himed and Mabker Discount Store |
| United States of America, United States Department of Agriculture and United States Department of Agriculture, Food and Nutrition Service |
| 7:2021cv09474 |
| November 16, 2021 |
| US District Court for the Southern District of New York |
| Vincent L Briccetti |
| 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 OF VOLUNTARY DISMISSAL It is hereby stipulated and agreed by and between the parties and/or their respective counsel(s) that the above-captioned action is voluntarily dismissed, with prejudice against the defendant(s) United States Department of Agriculture, Food and Nutrition Service, United States of America and without costs. Document filed by United States Department of Agriculture, Food and Nutrition Service, United States of America. Proposed Order to be reviewed by Clerk's Office staff...(Schwartz, Tara) |
| Filing 8 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - NOTICE OF VOLUNTARY DISMISSAL, the plaintiff(s) and or their counsel(s), hereby give notice that the above-captioned action is voluntarily dismissed, with prejudice and without costs against the defendant(s) All Defendants. Document filed by United States Department of Agriculture, Food and Nutrition Service, United States of America. Proposed Order to be reviewed by Clerk's Office staff...(Schwartz, Tara) Modified on 12/13/2021 (km). |
| Filing 7 SETTLEMENT AGREEMENT . Document filed by United States Department of Agriculture, Food and Nutrition Service, United States of America..(Schwartz, Tara) |
| ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Notice to Attorney Tara Schwartz to RE-FILE Document #8 Notice of Voluntary Dismissal. Use the event type Other Filings, Other Documents, Stipulation of Voluntary Dismissal. When refiling the document, do not select that the dismissal is against all defendants. Please select each individual defendant's name that is being dismissed. (km) |
Filing 6
STIPULATION AND ORDER STAYING PLAINTIFFS' 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 October 22, 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 Plaintiff 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 its complaint filed in the above-captioned action. SO ORDERED. (Signed by Judge Vincent L. Briccetti on 11/30/2021) (mml)
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| Filing 5 PROPOSED STIPULATION AND ORDER. Document filed by United States Department of Agriculture, Food and Nutrition Service, United States of America..(Schwartz, Tara) |
| Magistrate Judge Andrew E. Krause 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. (aea) |
| NOTICE OF CASE REASSIGNMENT to Judge Vincent L. Briccetti. Judge Gregory H. Woods is no longer assigned to the case. (aea) |
| 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) |
| ***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) |
| Magistrate Judge Debra C. Freeman 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) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Gregory H. Woods. 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) |
| Case Designated ECF. (jgo) |
| 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 Huda Himed, Mabker Discount Store..(Berkowitz, Jess) |
| Filing 1 COMPLAINT against United States Department of Agriculture, United States of America. (Filing Fee $ 402.00, Receipt Number ANYSDC-25340767)Document filed by Huda Himed, Mabker Discount Store. (Attachments: #1 Affidavit Declaration of Plaintiff, #2 Exhibit FNS letter 2/11/2020, #3 Exhibit Transaction Reports, #4 Exhibit Attorney letter 2/14/2020, #5 Exhibit FNS letter 8/11/2021, #6 Exhibit Attorney letter 8/12/2021, #7 Exhibit Final Agency Decision).(Berkowitz, Jess) |
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