Alabeli et al v. United States of America et al
| Nishwan Ali Alabeli and Big Famous 1 Deli & Grocery Inc. |
| United States of America and United States Department of Agriculture, Food and Nutrition Service |
| 1:2022cv02062 |
| March 13, 2022 |
| US District Court for the Southern District of New York |
| Analisa Torres |
| Other Statutes: Administrative Procedures Act/Review or Appeal of Agency Decision |
| None |
Docket Report
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This docket was last retrieved on May 10, 2022. A more recent docket listing may be available from PACER.
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Filing 12
ORDER denying #11 Letter Motion to Stay re: #11 LETTER MOTION to Stay All Future Deadlines addressed to Judge Analisa Torres from Alyssa B. O'Gallagher dated May 6, 2022. DENIED. By May 17, 2022, the parties shall submit their joint letter and proposed case management plan and inform the Court whether they consent to proceed before a Magistrate Judge. SO ORDERED. (Signed by Judge Analisa Torres on 5/10/2022) (jca)
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| Filing 11 LETTER MOTION to Stay All Future Deadlines addressed to Judge Analisa Torres from Alyssa B. O'Gallagher dated May 6, 2022. Document filed by United States Department of Agriculture, Food and Nutrition Service, United States of America..(O'Gallagher, Alyssa) |
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Filing 10
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 March 2 2022 decision disqualifying Plaintiffs from participating in the SNAP during the pendency of this action (the "Stay"), without prejudice to the 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 Plaintiffs 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 the Complaint filed in the above captioned action. SO ORDERED. (Signed by Judge Analisa Torres on 3/31/2022) (ks)
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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..(O'Gallagher, Alyssa) |
| Filing 8 NOTICE OF APPEARANCE by Alyssa O'Gallagher on behalf of United States Department of Agriculture, Food and Nutrition Service, United States of America..(O'Gallagher, Alyssa) |
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Filing 7
ORDER: To conserve resources, to promote judicial efficiency, and in an effort to achieve a faster disposition of the matter, it is hereby ORDERED that the parties 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 all parties consent to proceed before the Magistrate Judge, counsel for Defendants shall, by May 10, 2022, e-mail a fully executed Notice, Consent, and Reference of a Civil Action to a Magistrate Judge form. As set forth herein. If any party does not consent to conducting all further proceedings before the assigned Magistrate Judge, the parties must file a joint letter, by May 10, 2022, advising the Court that the parties do not consent, but without disclosing the identity of the party or parties who do not consent. SO ORDERED. (Signed by Judge Analisa Torres on 3/15/2022) (ama) Modified on 3/15/2022 (ama).
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Filing 6
INTIAL PRETRIAL SCHEDULING ORDER: Counsel for all parties are directed to submit a joint letter and jointly proposed Case Management Plan and Scheduling Order by May 10, 2022, in accordance with Rule 16 of the Federal Rules of Civil Procedure and the instructions set forth below. COUNSEL FOR PLAINTIFF IS DIRECTED TO IMMEDIATELY SEND A COPY OF THIS ORDER AND THE COURT'S INDIVIDUAL PRACTICES TO ALL PARTIES. And as set forth herein. SO ORDERED. (Signed by Judge Analisa Torres on 3/15/2022) (ama)
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Filing 5
ORDER: To protect the public health, while promoting the "just, speedy, and inexpensive determination of every action and proceeding," Fed. R. Civ. P. 1, it is ORDERED pursuant to Rules 30(b)(3) and 30(b)(4) of the Federal Rules of Civil Procedure that all depositions in this action may be taken via telephone, videoconference, or other remote means. It is further ORDERED pursuant to Rule 30(b)(5) that a deposition will be deemed to have taken place "before an officer appointed or designated under Rule 28" if such officer attends the deposition using the same remote means used to connect all other participants, so long as all participants (including the officer) can clearly hear and be heard by all other participants. The parties are encouraged to engage in discovery through remote means at every available opportunity. SO ORDERED. (Signed by Judge Analisa Torres on 3/15/2022) (ama)
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| Filing 4 ELECTRONIC SUMMONS ISSUED as to United States Department of Agriculture, Food and Nutrition Service, United States of America..(sj) |
| ***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, Food and Nutrition Service. The information for the party/parties has been modified for the following reason/reasons: party name contained a typographical error. (sj) |
| ***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 (none). The following correction(s) have been made to your case entry: the Cause of Action code has been modified to 07:2023. (sj) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Analisa Torres. 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) |
| Magistrate Judge James L. Cott 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) |
| 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 Nishwan Ali Alabeli, Big Famous 1 Deli & Grocery Inc...(Berkowitz, Jess) |
| Filing 1 COMPLAINT against United States Department of Agriculture, United States of America. (Filing Fee $ 402.00, Receipt Number ANYSDC-25852921)Document filed by Nishwan Ali Alabeli, Big Famous 1 Deli & Grocery Inc.. (Attachments: #1 Affidavit Declaration of Plaintiff, #2 Exhibit FNS letter 6/22/2021, #3 Exhibit Transaction Reports, #4 Exhibit FNS letter 7/13/2021, #5 Exhibit Attorney letter 6/21/2021, #6 Exhibit Final Agency Decision).(Berkowitz, Jess) |
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