Jandinga Deli Grocery Store Corp. v. United States of America et al
| Jandinga Deli Grocery Store Corp. |
| United States of America and United States Department of Agriculture |
| 1:2022cv01426 |
| February 22, 2022 |
| US District Court for the Southern District of New York |
| Valerie E Caproni |
| Agriculture Acts |
| 07 U.S.C. ยง 2011 Supplemental Nutrition Assistance Program |
| None |
Docket Report
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This docket was last retrieved on March 25, 2022. A more recent docket listing may be available from PACER.
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Filing 14
STIPULATION 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 $3,954.00, within 60 days from the date that Plaintiff signs this Stipulation of Settlement ("Stipulation"). Plaintiff's payment shall be made by either electronically via www.pay.gov or by certified check, made payable to the United States Department of Justice, and delivered by certified or registered mail to the U.S. Department of Justice, Nationwide Central Intake Facility, P.O. Box 790363, St. Louis, Missouri 63179-0363. If payment is made by check, the check shall identify in the "memo" section the case name, docket number, and consolidated debt collection service (CDCS) number which will be provided to counsel for Plaintiff following execution of this agreement. As further set forth by this Order. This case is hereby DISMISSED with prejudice. The Clerk of Court is respectfully directed to terminate all open motions and close the case. SO ORDERED. (Signed by Judge Valerie E. Caproni on 3/25/2022) (tg) Transmission to Finance Unit (Cashiers) for processing.
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| Filing 13 SETTLEMENT AGREEMENT . Document filed by Jandinga Deli Grocery Store Corp...(Sharav, Benjamin) |
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Filing 12
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 Defendants, by their respective undersigned attorneys, that: 1. Defendants agree to stay their February 9, 2022, decision disqualifying Plaintiff from participating in SNAP during the pendency of this action (the "Stay"), without prejudice to Defendants' right to move to vacate the Stay upon further case developments or changed circumstances. The Stay will be in effect until the Court vacates the Stay upon Defendants' motion, if any, or 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, 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. 3. Defendants' 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 Defendants' right to oppose Plaintiff's claims and the relief sought in the complaint filed in the above-captioned action. SO ORDERED. (Signed by Judge Valerie E. Caproni on 2/28/2022) (tg)
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| Filing 11 PROPOSED STIPULATION AND ORDER. Document filed by United States Department of Agriculture, United States of America..(Schwartz, Tara) |
| Filing 10 AFFIDAVIT OF SERVICE of Summons and Complaint served. United States Department of Agriculture served on 2/24/2022, answer due 4/25/2022; United States of America served on 2/24/2022, answer due 4/25/2022. Service was made by MAIL. Document filed by Jandinga Deli Grocery Store Corp.. (Attachments: #1 Exhibit Summonses, #2 Exhibit Proofs of Certified Mailing).(Sharav, Benjamin) |
| Filing 9 ELECTRONIC SUMMONS ISSUED as to United States Department of Agriculture..(pc) |
| Filing 8 ELECTRONIC SUMMONS ISSUED as to United States of America..(pc) |
| Case Designated ECF. (pc) |
| 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. (pc) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Valerie E. Caproni. 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..(pc) |
| Filing 7 NOTICE OF APPEARANCE by Victor Jose Molina, Jr on behalf of Jandinga Deli Grocery Store Corp...(Molina, Victor) |
| Filing 6 NOTICE OF APPEARANCE by Benjamin Sharav on behalf of Jandinga Deli Grocery Store Corp...(Sharav, Benjamin) |
| Filing 5 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Jandinga Deli Grocery Store 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 Jandinga Deli Grocery Store Corp...(Sharav, Benjamin) |
| Filing 2 REQUEST FOR ISSUANCE OF SUMMONS as to United States Of America, re: #1 Complaint. Document filed by Jandinga Deli Grocery Store Corp...(Sharav, Benjamin) |
| Filing 1 COMPLAINT against United States Department of Agriculture, United States of America. (Filing Fee $ 402.00, Receipt Number BNYSDC-25759227)Document filed by Jandinga Deli Grocery Store Corp...(Sharav, Benjamin) |
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