Mohamed et al v. United States of America et al
| Fateh A Mohamed and Bronx Gourmet Food Corp. |
| United States of America, United States Department of Agriculture and United States Department of Agriculture, Food and Nutrition Service |
| 1:2022cv01123 |
| February 9, 2022 |
| US District Court for the Southern District of New York |
| Ronnie Abrams |
| Other Statutes: Administrative Procedures Act/Review or Appeal of Agency Decision |
| 07 U.S.C. § 202 |
| None |
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Filing 10
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 Plaintiffs' temporary six-month disqualification from SNAP, Plaintiffs agree to pay FNS a civil money penalty totaling $13,956.00, payable in six equal installments of $2,326.00 with the first payment made within 30 days of the date of entry of this Stipulation and Order of Settlement ("Stipulation") by the Court, and each subsequent payment made within 30 days of the prior payment, such that Plaintiffs shall have paid the civil monetary penalty, totaling $13,956.00, in full within 180 days of the date of entry of this Stipulation. Plaintiffs' payment shall be made either electronically via www.pay.gov; or 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 U.S. Department of Justice, Nationwide Central Intake Facility, P.O. Box 790363, St. Louis, MO 63179-0363. If payment is made by check, the check shall identify in the "memo" section the case name, docket number, and the Consolidated Debt Collection Service ("CDCS") number which will be provided to counsel for Plaintiff following execution of this agreement. If payment is made electronically, the CDCS number must be included with the payment. 3. If Plaintiffs fail to make the payment referenced in paragraph 2 above, or any portion 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. 4. Plaintiffs shall make the payment as provided in this Stipulation regardless of whether Plaintiffs continue to operate during the time when the payments are due. 5. Plaintiffs further agree to comply with, and remain subject to, all applicable laws and regulations of SNAP, and to fulfill their obligations as set forth in this Stipulation. 6. Plaintiffs shall submit documentation to FNS that all owners, officers, agents, managers, and permanent and temporary workers, whether paid or unpaid, of Bronx Gourmet Food Corp., are trained in accordance with SNAP training guidelines within thirty (30) days of the date that Plaintiffs sign this Stipulation. Plaintiffs understand and agree that all authorized SNAP retailers are expected to abide by the training guidelines and responsibilities, which are available at https://www.fns.usda.gov/snap/retailer/training. Proof of the completion of the training must be emailed, within 30 days of the date that Plaintiffs sign this Stipulation, to SM.FN.ROCretailreply@usda.gov. 7. Plaintiffs shall display the "SNAP Fraud Poster," available at https://fns-prod.azureedge.net/sites/default/files/SNAP_fraud_poster_professional_prt.pdf, within their store in a position that is prominent and visible to customers. 8. This settlement does not vacate FNS's determination dated October 20, 2021, that found the violations cited in the April 3, 2020 charge letter were substantiated, and was affirmed, following an administrative action, on January 21, 2022, and does not preclude Defendants from taking any administrative action against Plaintiffs based on future conduct as permitted by the Food and Nutrition Act of 2008, as amended, the SNAP regulations, or any other applicable laws or regulations. 9. Plaintiffs acknowledge that they fully understand the waivers of rights set forth in this Stipulation and knowingly and voluntarily waive those rights after a full and complete opportunity to consult an attorney regarding said waivers and their meaning. 10. The Parties acknowledge, understand, and agree that this Stipulation sets forth the entire agreement between the Parties relating to the subject matter hereof. 11. This Stipulation shall be binding upon and inure to the benefit of the Parties and their respective legal representatives, successors, and assigns. 12. It is contemplated that this Stipulation may be executed in several counterparts. All such counterparts and signature pages, together, shall be deemed to be one document. 13. Pursuant to SDNY ECF Rule 8.5, counsel for the parties consent to the execution and submission of this stipulation to the Court with their electronic signatures below. 14. This Court shall retain jurisdiction over this action to enforce this Stipulation. SO ORDERED. (Signed by Judge Ronnie Abrams on 4/6/2022) (ate)
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| Filing 9 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 8
ORDER AND NOTICE OF INITIAL CONFERENCE: IT IS FURTHER ORDERED that counsel for all parties appear for an initial status conference on May 20, 2022 at 11:15 a.m. The Court will hold this conference by telephone. The parties shall use the dial-in information provided below to call into the conference: Call-in Number: (888) 363-4749; Access Code: 1015508. This conference line is open to the public. Initial Conference set for 5/20/2022 at 11:15 AM before Judge Ronnie Abrams. (Signed by Judge Ronnie Abrams on 2/18/2022) (ate)
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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 between Plaintiffs and the USDA, by their respective undersigned attorneys, that:1. The USDA agrees to stay its January 21, 2022 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 changedcircumstances. 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 andregulations of the SNAP in the same manner as Plaintiffs would have been required to do hadthe disqualification not taken place.3. The USDA's agreement to stay Plaintiffs' disqualification from the SNAP duringthe pendency of the above-captioned action shall not in any manner be construed to be aconcession 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 Ronnie Abrams on 2/18/2022) (ate)
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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) |
| Filing 5 NOTICE OF APPEARANCE by Carly Iris Weinreb on behalf of United States Department of Agriculture, Food and Nutrition Service, United States of America..(Weinreb, Carly) |
| Filing 4 ELECTRONIC SUMMONS ISSUED as to United States Department of Agriculture, Food and Nutrition Service, United States of America. (vf) |
| Case Designated ECF. (vf) |
| ***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 entered incorrectly. (vf) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Ronnie Abrams. 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..(vf) |
| ***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; County code New York. The following correction(s) have been made to your case entry: the Cause of Action code has been modified to 07:2023(a) Judicial Review of Food Stamp Disqualification; the County code has been modified to Bronx. (vf) |
| Magistrate Judge Gabriel W. Gorenstein 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. (vf) |
| 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 Bronx Gourmet Food Corp., Fateh A Mohamed..(Berkowitz, Jess) |
| Filing 1 COMPLAINT against United States Department of Agriculture, Food and Nutrition Service, United States of America. (Filing Fee $ 402.00, Receipt Number ANYSDC-25709646)Document filed by Fateh A Mohamed, Bronx Gourmet Food Corp.. (Attachments: #1 Affidavit Declaration of Plaintiff, #2 Exhibit FNS letter 4/03/2020, #3 Exhibit Transaction Reports, #4 Exhibit Attorney letter 4/13/2020, #5 Exhibit FNS letter 10/20/2021, #6 Exhibit Attorney letter 10/21/2021, #7 Exhibit Final Agency Decision).(Berkowitz, Jess) |
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