Abdulkader et al v. United States of America et al
| Wasah Abdulla Abdulkader and Zil Zal Inc. |
| United States of America and United States Department of Agriculture, Food and Nutrition Service |
| 1:2022cv04908 |
| June 11, 2022 |
| US District Court for the Southern District of New York |
| Victor Marrero |
| Other Statutes: Administrative Procedures Act/Review or Appeal of Agency Decision |
| 07 U.S.C. ยง 202 |
| None |
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Filing 8
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 leiu of Plaintiff's temporary six-month disqualification from SNAP, Plaintiffs agree to pay FNS a civil money penalty totaling $13, 590.00, payable in six (6) equal installments of $2,265.00, with the first payment made within 30 days of the date that Plaintiffs sign this Stipulation of Settlement ("Stipulation"), and each subsequent payment made within 30 days of the prior payment such that Plaintiffs shall have paid the civil monetary penalty totaling $13,590.00, in full within 180 days of the dale that Plaintiffs sign this Stipulation. Per the parties' stipulation and agreement that the suit is dismissed with prejudice and without costs, expenses, or attorney's fees, the Clerk of Court is ordered to terminate the case and close this matter. SO ORDERED. (Signed by Judge Victor Marrero on 7/13/2022) (jca) Transmission to Finance Unit (Cashiers) for processing.
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| Filing 7 SETTLEMENT AGREEMENT - Stipulation of Settlement and Dismissal With Prejudice. Document filed by United States Department of Agriculture, Food and Nutrition Service, United States of America..(Farber, David) |
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Filing 6
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 Plaintiffs and the USAD, by their respective undersigned attorneys, that: 1. The USDA agrees to stay its May 31, 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 changed circumstances. The Stay will be in effect until the Court issues a final decision in this action; 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 Plaintiffs' complaint filed in the above-captioned action. SO ORDERED. (Signed by Judge Victor Marrero on 6/17/2022) (ate)
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| Filing 5 PROPOSED STIPULATION AND ORDER. Document filed by United States Department of Agriculture, Food and Nutrition Service, United States of America..(Farber, David) |
| Filing 4 ELECTRONIC SUMMONS ISSUED as to United States Department of Agriculture, Food and Nutrition Service, United States of America..(gp) |
| Case Designated ECF. (gp) |
| 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. (gp) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Victor Marrero. 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) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Jess 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. (gp) |
| 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 Wasah Abdulla Abdulkader, Zil Zal Inc...(Berkowitz, Jess) |
| Filing 1 COMPLAINT against United States Department of Agriculture, United States of America. (Filing Fee $ 402.00, Receipt Number ANYSDC-26270858)Document filed by Wasah Abdulla Abdulkader, Zil Zal Inc.. (Attachments: #1 Affidavit Declaration of Plaintiff, #2 Exhibit FNS letter 12/3/2021, #3 Exhibit Transaction Reports, #4 Exhibit Attorney letter 1/6/2022, #5 Exhibit FNS letter 12/20/2021, #6 Exhibit Attorney letter 1/13/2022, #7 Exhibit Final Agency Decision).(Berkowitz, Jess) |
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