United States of America v. N and M Food Wholesale Supply, Inc. et al
| UNITED STATES OF AMERICA |
| N and M Food Wholesale Supply, Inc. doing business as N&M Food Wholesale Supply, Inc., Ahmed Omar, Elsayed Halim and Ashraf Mousa |
| 1:2023cv04386 |
| May 25, 2023 |
| US District Court for the Southern District of New York |
| Denise L Cote |
| Other Statutory Actions |
| 21 U.S.C. ยง 467 Seizure and condemnation of poultry products |
| None |
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Filing 4
CONSENT DECREE: NOW, THEREFORE, with the consent of the Parties, it is hereby ORDERED, ADJUDGED, and DECREED as follows: 1. This Court has jurisdiction over the subject matter of this action pursuant to 21 U.S.C. 467c and 28 U.S.C. 1331 and 1345, and personal jurisdiction over all the Parties to this action. 2. Venue is proper pursuant to 28 U.S.C. 1391(b) and (c). 3.Defendants admit, acknowledge, and accept responsibility for the following, as further set forth herein. 4. Compliance with PPIA. Defendants and each and all of their directors, officers, agents, servants, representatives, employees, successors, or assigns, and any and all persons in active concert or participation with them, directly or indirectly, who received actual notice of this Consent Decree by personal service or otherwise, are hereby permanently restrained and enjoined from, as further set forth herein. 7. Compliance with Regulations. Defendants agree to comply at all times with all applicable requirements of the PPIA (21 U.S.C. 451 et seq.), the regulations promulgated thereunder, and Title I, Part 271 of the Official Compilation of Codes, Rules & Regulations of the State of New York. 8. Mandatory Training. Within sixty (60) days of the date of the entry of this Consent Decree by the Court, Defendants and all of their employees must complete training and education in the PPIA statute and regulations, including requirements regarding labeling, sanitation, food safety, and product handling. Defendants must submit a written description of the training and educational program they propose to implement, along with a copy of all training and educational materials, delivery methods, and training schedules, no later than twenty (20) days prior to conducting such training and instruction to the FSIS Enforcement Operations Staff ("EOS") Director for review and approval. Defendants must implement this training for all new employees within five (5) working days of their commencement of employment, as further set forth herein. 11. Related Entities; Other Operations. By signing this Consent Decree, each Defendant certifies that such Defendant has disclosed to counsel for Plaintiff each business entity engaged in poultry processing or sale in which that Defendant has an ownership interest or an operational role. In the event that a Defendant acquires an additional ownership interest or begins an operational role in such business entity after the execution of this Consent Decree, such Defendant will notify counsel for Plaintiff of such business entity and interest or role within fifteen (15) days. 12. Violation of Sale Requirements. If Defendants fail to comply with the applicable sales restrictions of Paragraph 4(a) of this Consent Decree, Defendants agree to the following relief: a. for the first violation, Defendants agree to pay to the United States a civil penalty of$500.00 per pound, or portion thereof, of poultry or poultry products sold; b. for every violation thereafter, Defendants agree to pay to the United States a civil penalty of $1,000.00 per pound, or portion thereof, of poultry or poultry products sold. 13. Violation of Other Requirements. If Defendants fail to comply with any applicable requirement of the PPIA and its regulations or with the requirements of this Consent Decree other than violations of the sales restrictions under Paragraph 4(a)-including, but not limited to, violations of Paragraph 4(b)-( e) and Paragraph 5-Defendants agree to the following relief: a. for the first violation, Defendants agree to pay to the United States a civil penalty of $500.00; b. for the second violation, Defendants agree to pay to the United States a civil penalty of $1,000.00; and c. for every violation thereafter, Defendants agree to pay to the United States a civil penalty of $2,500.00. 17. Future Regulatory or Administrative Actions. The Parties agree that nothing in this Consent Decree shall preclude any future regulatory or administrative action authorized by law, regulation or otherwise, including, but not limited to the referral of any matter to any agency for possible criminal, civil, or administrative proceedings. 19. Contempt. Should the United States bring and prevail in a contempt action to enforce the terms of this Decree, Defendants shall, in addition to other remedies, reimburse the United States for its reasonable attorneys' fees, travel expenses incurred by attorneys and witnesses, expert witness fees, administrative and court costs, investigation and analytical expenses incurred in bringing the contempt action, and any other costs or fees related to the contempt proceedings. 22. Fees and Costs. Except as otherwise provided in this Consent Decree, each party shall bear its own costs and attorney's fees. 24.Payments. If Defendants are required to make any payment pursuant to this Consent Decree, Defendants will make such payment by electronic funds transfer pursuant to written instructions to be provided by the United States. 25. Effective Date. The effective date of this Consent Decree shall be the date upon which this Consent Decree is entered by the Court or a motion to enter the Consent Decree is granted, whichever occurs first, as recorded on the Court's docket. 26. Jurisdiction. The Court retains jurisdiction to issue further decrees and orders as may be necessary to construe, carry out, modify, or enforce compliance with this Consent Decree. (As further set forth in this Order). So ordered. Ahmed Omar, Elsayed Halim and Ashraf Mousa terminated. (Signed by Judge Denise L. Cote on 5/26/2023) (vfr) Transmission to Finance Unit (Cashiers) for processing.
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| Magistrate Judge Stewart D. Aaron 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) |
| Case Designated ECF. (vf) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Denise L. Cote. 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 Mollie Melissa Kornreich. The following case opening statistical information was erroneously selected/entered: Cause of Action code 07:0228a Request by Secretary for TRO or Inj. re Poultry. The following correction(s) have been made to your case entry: the Cause of Action code has been modified to 21:467 Seizure and condemnation of poultry products. (vf) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Mollie Melissa Kornreich. The party information for the following party/parties has been modified: UNITED STATES OF AMERICA. The information for the party/parties has been modified for the following reason/reasons: party name was entered in all caps. (vf) |
| Filing 3 PROPOSED CONSENT ORDER. Document filed by UNITED STATES OF AMERICA..(Kornreich, Mollie) |
| Filing 2 CIVIL COVER SHEET filed..(Kornreich, Mollie) |
| Filing 1 COMPLAINT against Elsayed Halim, Ashraf Mousa, N and M Food Wholesale Supply, Inc., Ahmed Omar. Document filed by UNITED STATES OF AMERICA..(Kornreich, Mollie) |
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