1029 Simpson Deli & Grocery Corp. v. United States of America et al
| 1029 Simpson Deli & Grocery Corp. |
| United States of America and United States Department of Agriculture |
| 1:2022cv00779 |
| January 30, 2022 |
| US District Court for the Southern District of New York |
| Edgardo Ramos |
| Agriculture Acts |
| 07 U.S.C. § 2011 Supplemental Nutrition Assistance Program |
| None |
Docket Report
RSS Track this Docket
This docket was last retrieved on February 17, 2022. A more recent docket listing may be available from PACER.
| Document Text |
|---|
Filing 15
STIPULATION AND ORDER OF SETTLEMENT: 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 Plaintiff's temporary six-month disqualification from SNAP, Plaintiff agrees to pay FNS a civil money penalty totaling $4,986.00, payable in one installment with payment made in full within 60 days of the date of entry of this Stipulation and Order of Settlement ("Stipulation") by the Court. Plaintiff's payment shall be made by certified check, money order, or attorneys' check, 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. As further set forth by this Order. SO ORDERED. (Signed by Judge Edgardo Ramos on 2/17/2022) (tg) Transmission to Finance Unit (Cashiers) for processing.
|
| Filing 14 PROPOSED STIPULATION AND ORDER. Document filed by United States Department of Agriculture, United States of America..(Farber, David) |
|
Filing 13
STIPULATION AND ORDER STAYING PLAINTIFF'S DISQUALIFICATION FROM THE SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM PENDING FINAL DISPOSITION: IT IS HEREBY STIPULATED, CONSENTED, AND AGREED by and between Plaintiff and the USDA, by their respective undersigned attorneys, that: The USDA agrees to stay its January 6, 2022 decision disqualifying Plaintiff 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, Plaintiff 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. The USDA's agreement to stay Plaintiff's 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 Plaintiff's claims and the relief sought in Plaintiff's complaint filed in the above-captioned action. SO ORDERED. (Signed by Judge Edgardo Ramos on 2/02/2022) (ama)
|
| Filing 12 PROPOSED STIPULATION AND ORDER. Document filed by United States Department of Agriculture, United States of America..(Farber, David) |
| Filing 11 NOTICE OF APPEARANCE by David E. Farber on behalf of United States Department of Agriculture, United States of America..(Farber, David) |
| Filing 10 AFFIDAVIT OF SERVICE of Summons and Complaint served. United States Department of Agriculture served on 2/2/2022, answer due 4/4/2022; United States of America served on 2/2/2022, answer due 4/4/2022. Service was made by MAIL. Document filed by 1029 Simpson Deli & Grocery Corp.. (Attachments: #1 Exhibit Summonses--U.S.A and USDA, #2 Exhibit Proofs of Certified Mailing).(Sharav, Benjamin) |
| Filing 9 ELECTRONIC SUMMONS ISSUED as to United States Department of Agriculture. (sj) |
| Filing 8 ELECTRONIC SUMMONS ISSUED as to United States of America, U.S. Attorney and U.S. Attorney General. (sj) |
| Filing 7 NOTICE OF APPEARANCE by Victor Jose Molina, Jr on behalf of 1029 Simpson Deli & Grocery Corp...(Molina, Victor) |
| Filing 6 CIVIL COVER SHEET filed..(Sharav, Benjamin) |
| Filing 5 NOTICE OF APPEARANCE by Benjamin Sharav on behalf of 1029 Simpson Deli & Grocery Corp...(Sharav, Benjamin) |
| Filing 4 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by 1029 Simpson Deli & Grocery Corp...(Sharav, Benjamin) |
| Filing 3 REQUEST FOR ISSUANCE OF SUMMONS as to United States Department of Agriculture, re: #1 Complaint. Document filed by 1029 Simpson Deli & Grocery Corp...(Sharav, Benjamin) |
| Filing 2 REQUEST FOR ISSUANCE OF SUMMONS as to United States Of America, re: #1 Complaint. Document filed by 1029 Simpson Deli & Grocery Corp...(Sharav, Benjamin) |
| 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. (sj) |
| Case Designated ECF. (sj) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Edgardo Ramos. 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..(sj) |
| Filing 1 COMPLAINT against United States Department of Agriculture, United States of America. (Filing Fee $ 402.00, Receipt Number ANYSDC-25656041)Document filed by 1029 Simpson Deli & Grocery Corp...(Sharav, Benjamin) |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the New York Southern District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
