Al Alabhar et al v. United States of America et al
| Shaiyef Ali Al Alabhar and Central Park Grocery Corp. |
| United States of America, United States Department of Agriculture and United States Department of Agriculture, Food and Nutrition Service |
| 1:2022cv08089 |
| September 22, 2022 |
| US District Court for the Southern District of New York |
| John G Koeltl |
| Other Statutes: Administrative Procedures Act/Review or Appeal of Agency Decision |
| 07 U.S.C. § 202 |
| None |
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Filing 8
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. In lieu of Plaintiffs' temporary six-month disqualification from SNAP, Plaintiffs agree to pay FNS a civil money penalty totaling $12,486.00, in six installments, with an initial payment of $2,081.00 payable within 30 days of the date that Plaintiffs sign this Stipulation of Settlement ("Stipulation"), a second payment of $2,081.00 payable within 60 days of the date that Plaintiffs sign this Stipulation, a third payment of $2,081.00 payable within 90 days of the date that Plaintiffs sign this Stipulation, a fourth payment of $2,081.00 payable within 120 days of the date that Plaintiffs sign this Stipulation, a fifth payment of $2,081.00 payable within 150 days of the date that Plaintiffs sign this Stipulation and a sixth payment of $2,081.00 payable within 180 days of the date that Plaintiffs sign this Stipulation. Plaintiffs' payments shall be made by certified check, money order, or attorney's 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 checks shall identify in the "memo" section the case name and docket number. As further set forth in this order. The Parties acknowledge, understand, and agree that this Stipulation sets forth the entire agreement between the Parties relating to the subject matter hereof. This Stipulation shall be binding upon and inure to the benefit of the Parties and their respective legal representatives, successors, and assigns. 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. This Court shall retain jurisdiction over this action to enforce this Stipulation. SO ORDERED. (Signed by Judge John G. Koeltl on 10/27/2022) (ks)
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| Filing 7 PROPOSED CONSENT ORDER. Document filed by United States Department of Agriculture, Food and Nutrition Service, United States of America..(Osmond, Mark) |
| Filing 6 NOTICE OF APPEARANCE by Mark Osmond on behalf of United States Department of Agriculture, Food and Nutrition Service, United States of America..(Osmond, Mark) |
| ***DELETED DOCUMENT. Deleted document number 5 NOTICE OF APPEARANCE. The document was incorrectly filed in this case. (lb) |
| Minute Entry for proceedings held before Judge John G. Koeltl: Initial Conference set for 1/26/2023 at 03:00 PM before Judge John G. Koeltl. Dial-in: 888 363-4749, with access code 8140049. (Fletcher, Donnie) |
| Filing 4 ELECTRONIC SUMMONS ISSUED as to United States Department of Agriculture, Food and Nutrition Service, United States of America..(pc) |
| ***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 contained a typographical error;. (pc) |
| ***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;. The following correction(s) have been made to your case entry: the Cause of Action code has been modified to 07:2023;. (pc) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge John G. Koeltl. 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) |
| 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. (pc) |
| Case Designated ECF. (pc) |
| 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 Shaiyef Ali Al Alabhar, Central Park Grocery Corp...(Berkowitz, Jess) |
| Filing 1 COMPLAINT against United States Department of Agriculture, United States of America. (Filing Fee $ 402.00, Receipt Number ANYSDC-26715779)Document filed by Shaiyef Ali Al Alabhar, Central Park Grocery Corp.. (Attachments: #1 Affidavit Declaration of Plaintiff, #2 Exhibit FNS letter 4/25/2022, #3 Exhibit Transaction Reports, #4 Exhibit Attorney letter 4/29/2022, #5 Exhibit FNS letter 7/15/2022, #6 Exhibit Attorney letter 7/15/2022, #7 Exhibit Final Agency Decision).(Berkowitz, Jess) |
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