Amal Deli Corp. v. United States of America et al
| Amal Deli Corp. |
| United States of America and United States Department of Agriculture |
| 1:2021cv10930 |
| December 21, 2021 |
| US District Court for the Southern District of New York |
| Barbara C Moses |
| Agriculture Acts |
| 07 U.S.C. § 2011 |
| None |
Docket Report
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Filing 22
STIPULATION OF SETTLEMENT: IT IS STIPULATED AND AGREED, by and between the Parties, as follows: This action is dismissed with prejudice and without costs, expenses, or attorney's fees. In lieu of Plaintiff's temporary six month disqualification from SNAP, Plaintiff agrees to pay FNS a civil money penalty totaling $2,922.00, payable within 30 days of the date that this Court orders this Stipulation. Plaintiff's payment shall be made by certified check or money order, made payable to the United States Treasury, and shall be delivered by certified or registered mail to the United States Attorney's Office, Financial Litigation Unit, 86 Chambers Street, 3rd Floor, New York, New York 10007. The check shall identify in the "memo" section the case name and docket number. If Plaintiff fails to make the payment referenced in paragraph 2 above, or any portions of the payment, when due, after a seven-day grace period, Plaintiff shall be deemed in default of this Stipulation, and Plaintiff agrees that: (a) Plaintiff will be immediately disqualified from SNAP for six months; (b) Plaintiff waives the right to administrative or judicial review of such disqualification; and (c) Plaintiff forfeits any portion of the total civil money penalty that Plaintiff has already paid. In the event of any default, Plaintiff will be obligated to serve the entire six-month disqualification period, regardless of whether Plaintiff has already paid any portion of the total civil money penalty. (as further set forth herein). The Clerk of Court is respectfully directed to close the case. SO ORDERED. (Signed by Magistrate Judge Barbara C. Moses on 2/2/2022) (kv) Transmission to Finance Unit (Cashiers) for processing.
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| Filing 21 PROPOSED STIPULATION AND ORDER. Document filed by United States Department of Agriculture, United States of America..(Stein, Ilan) |
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Filing 20
ORDER: The Court having been informed that the parties have reached a settlement in principle, it is hereby ORDERED that this action is DISMISSED without costs and without prejudice to the parties' right, within thirty days of the date of this Order, (a) to submit their own Stipulation of Settlement and Dismissal for the Court to so order, or (b) to reopen the case and restore it to the active calendar if the settlement has not been completed. To be clear, any application to reopen and restore must be filed within thirty days of the date of this Order. Late-filed applications may be denied solely on that basis. This Order shall be deemed a final dismissal of the action with prejudice in the event that no party requests restoration of the case to the active calendar within such 30-day period. Any pending motions are moot. All filing deadlines and conference dates are adjourned sine die. The Clerk of Court is directed to close the case. SO ORDERED. (Signed by Magistrate Judge Barbara C. Moses on 1/28/2022) (ama)
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| Filing 19 FIRST LETTER MOTION to Adjourn Conference addressed to Magistrate Judge Barbara C. Moses from Ilan Stein dated 1/28/2022. Document filed by United States Department of Agriculture, United States of America..(Stein, Ilan) |
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Filing 18
ORDER SCHEDULING INITIAL CASE MANAGEMENT CONFERENCE: The parties in this case having consented to the jurisdiction of the undersigned magistrate judge for all purposes, pursuant to 28 U.S.C. 636(c) and Fed. R. Civ. P. 73, all motions and applications must be made to the Hon. Barbara Moses and in compliance with this Court's Individual Practices in Civil Cases, available on the Court's website at https://nysd.uscourts.gov/hon-barbara-moses.No initial case management and scheduling conference having yet taken place in this action, it is ORDERED that an initial conference in accordance with Fed. R. Civ. P. 16 will be held on February 7, 2022, at 11:00 a.m, via teleconference. At that time the parties should dial (888)557-8511 and enter the access code: 7746387. Please treat the teleconference as you wouldtreat a public court appearance. If a conference or hearing in another matter is ongoing, please be silent (mute your line) until your case is called. (Initial Conference set for 2/7/2022 at 11:00 AM before Magistrate Judge Barbara C. Moses.) (Signed by Magistrate Judge Barbara C. Moses on 1/12/2022) (rro)
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Filing 17
ORDER. In light of the Court's January 3, 2022 order referring this case to the assigned magistrate judge, the initial pretrial conference scheduled before Judge Woods on January 19, 2022 is adjourned sine die. (HEREBY ORDERED by Judge Gregory H. Woods) (Text Only Order) (wv)
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| Filing 16 CONSENT TO JURISDICTION BY A US MAGISTRATE JUDGE by Amal Deli Corp., United States Department of Agriculture, United States of America. (Case No Longer Referred to Magistrate Judge) CASE ASSIGNED to Magistrate Judge Barbara C. Moses. (Signed by Judge Gregory H. Woods on 1/1/2022).(rro) |
| Filing 15 PROPOSED CONSENT ORDER. Document filed by United States Department of Agriculture, United States of America..(Stein, Ilan) |
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Filing 14
ORDER: To conserve resources, to promote judicial efficiency, and in an effort to achieve a faster disposition of this matter, it is hereby ORDERED that the parties must discuss whether they are willing to consent, under 28 U.S.C. 636(c), to conducting all further proceedings before the assigned Magistrate Judge. If both parties consent to proceed before the Magistrate Judge, counsel for the defendant must, within two weeks of the date of this order file on ECF a fully executed Notice, Consent, and Reference of a Civil Action to a Magistrate Judge form, a copy of which is attached to this order (and also available at https://nysd.uscourts.gov/sites/default /files/2018-06/AO-3.pdf). The executed form should be filed on ECF as a "Proposed Order," and be described using the "Consent Order" filing event in accordance with ECF Rule 13.18. If the Court approves that form, all further proceedings will then be conducted before the assigned Magistrate Judge rather than before me. Any appeal would be taken directly to the United States Court of Appeals for the Second Circuit, as it would be if the consent form were not signed and so ordered. If either party does not consent to conducting all further proceedings before the assigned Magistrate Judge, the parties must file a joint letter, within two weeks of the date of this order advising the Court that the parties do not consent, but without disclosing the identity of the party or parties who do not consent. The parties are free to withhold consent without negative consequences. (Signed by Judge Gregory H. Woods on 12/26/2021) (rro)
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| Filing 13 NOTICE OF INITIAL CONFERENCEE: Initial Conference set for 1/19/2022 at 02:00 PM before Judge Gregory H. Woods. The conference will be conducted by telephone. The parties are directed to the Court's Emergency Rules in Light of COVID-19, which are available on the Court's website, for the dial-in number and other relevant instructions. The parties are specifically directed to comply with Rule 2(C) of the Court's Emergency Rules. (Signed by Judge Gregory H. Woods on 12/26/2021) (rro) |
| Filing 12 NOTICE of Stipulation to Stay Disqualification. Document filed by United States Department of Agriculture, United States of America..(Stein, Ilan) |
| Filing 11 AFFIDAVIT OF SERVICE of Summons and Complaint served. United States Department of Agriculture served on 12/23/2021, answer due 2/22/2022; United States of America served on 12/23/2021, answer due 2/22/2022. Service was made by MAIL. Document filed by Amal Deli Corp.. (Attachments: #1 Exhibit Summonses, #2 Exhibit Proof of Certified Mailing).(Sharav, Benjamin) |
| Filing 10 ELECTRONIC SUMMONS ISSUED as to United States Department of Agriculture..(gp) |
| Filing 9 ELECTRONIC SUMMONS ISSUED as to United States of America..(gp) |
| Magistrate Judge Barbara C. Moses 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. (gp) |
| Case Designated ECF. (gp) |
| 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..(gp) |
| Filing 8 NOTICE OF APPEARANCE by Ilan Stein on behalf of United States Department of Agriculture, United States of America..(Stein, Ilan) |
| Filing 7 NOTICE OF APPEARANCE by Victor Jose Molina, Jr on behalf of Amal Deli Corp...(Molina, Victor) |
| Filing 6 NOTICE OF APPEARANCE by Benjamin Sharav on behalf of Amal Deli Corp...(Sharav, Benjamin) |
| Filing 5 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Amal Deli Corp...(Sharav, Benjamin) |
| Filing 4 CIVIL COVER SHEET filed..(Sharav, Benjamin) |
| Filing 3 REQUEST FOR ISSUANCE OF SUMMONS as to United States Department of Agriculture, re: #1 Complaint. Document filed by Amal Deli Corp...(Sharav, Benjamin) |
| Filing 2 REQUEST FOR ISSUANCE OF SUMMONS as to United States Of America, re: #1 Complaint. Document filed by Amal Deli Corp...(Sharav, Benjamin) |
| Filing 1 COMPLAINT against United States Department of Agriculture, United States of America. (Filing Fee $ 402.00, Receipt Number BNYSDC-25495383)Document filed by Amal Deli Corp...(Sharav, Benjamin) |
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