1815 Savannah Food Corp. v. United States of America et al
| 1815 Savannah Food Corp. |
| United States of America and United States Department of Agriculture |
| 1:2023cv09296 |
| October 22, 2023 |
| US District Court for the Southern District of New York |
| Jennifer L Rochon |
| Agriculture Acts |
| 07 U.S.C. § 2011 Supplemental Nutrition Assistance Program |
| None |
Docket Report
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This docket was last retrieved on November 22, 2023. 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 Plaintiffs temporary six-month disqualification from SNAP, Plaintiff agrees to pay FNS a civil money penalty totaling $7,344.00, payable over the course of six months, in monthly installments of $1,224.00 each. The first payment shall be made on or before December 15, 2023. All subsequent monthly payments shall be made on or before the fifteenth day of each calendar month. Plaintiffs payment shall be made either electronically via www.pay.gov or by certified check, made payable to the U.S. 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. (And as further set forth herein) SO ORDERED. (Signed by Judge Jennifer L. Rochon on 11/22/2023) (jca) Modified on 11/27/2023 (jca).
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| Filing 13 SETTLEMENT AGREEMENT . Document filed by United States Department of Agriculture, United States of America..(Salk, Rebecca) |
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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 Plaintiffs and the USDA, by their respective undersigned attorneys, that: 1. The USDA agrees to stay its October 3, 2023, decision disqualifying Plaintiff from participating in SNAP during the pendency of this action (the Stay), without prejudice to USDAs 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, 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. 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 Plaintiff's claims and the relief sought in Plaintiff's complaint filed in the above-captioned action. SO ORDERED. (Signed by Judge Jennifer L. Rochon on 10/27/2023) (jca)
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| Filing 11 PROPOSED STIPULATION AND ORDER. Document filed by United States Department of Agriculture, United States of America..(Salk, Rebecca) |
| Filing 10 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - PROPOSED ORDER. Document filed by United States Department of Agriculture, United States of America..(Salk, Rebecca) Proposed Order to be reviewed by Clerk's Office staff. Modified on 10/26/2023 (tp). |
| Filing 9 NOTICE OF APPEARANCE by Rebecca Lynn Salk on behalf of United States Department of Agriculture, United States of America..(Salk, Rebecca) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PROPOSED ORDER. Notice to attorney Rebecca Salk to RE-FILE Document No. #10 Proposed Order. The filing is deficient for the following reason(s): the wrong event type was used to file the proposed order. Re-file the document using the event type Proposed Stipulation and Order found under the event list Proposed Orders - select the correct filer/filers - attach the correct signed (scanned signature image) and dated PDF. (tp) |
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Filing 8
NOTICE OF INITIAL PRETRIAL CONFERENCE: Initial Conference set for 1/24/2024 at 02:30 PM in Courtroom 20B, 500 Pearl Street, New York, NY 10007 before Judge Jennifer L. Rochon. SO ORDERED. (Signed by Judge Jennifer L. Rochon on 10/24/2023) (jca)
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| Filing 7 AFFIDAVIT OF SERVICE of Summons and Complaint served. United States Department of Agriculture served on 10/23/2023, answer due 12/22/2023; United States of America served on 10/23/2023, answer due 12/22/2023. Service was made by MAIL. Document filed by 1815 Savannah Food Corp.. (Attachments: #1 Exhibit Summons, #2 Exhibit Labels, Proof of Certified Mailing).(Sharav, Benjamin) |
| Filing 6 ELECTRONIC SUMMONS ISSUED as to United States Department of Agriculture, United States of America. (sj) |
| Magistrate Judge Robert W. Lehrburger is designated to handle matters that may be referred in this case. 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 OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Jennifer L. Rochon. 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) |
| Case Designated ECF. (sj) |
| Filing 5 NOTICE OF APPEARANCE by Victor Jose Molina, Jr on behalf of 1815 Savannah Food Corp...(Molina, Victor) |
| Filing 4 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by 1815 Savannah Food Corp...(Sharav, Benjamin) |
| Filing 3 REQUEST FOR ISSUANCE OF SUMMONS as to United States Of America; U.S.D.A., re: #1 Complaint. Document filed by 1815 Savannah Food Corp...(Sharav, Benjamin) |
| Filing 2 CIVIL COVER SHEET filed..(Sharav, Benjamin) |
| Filing 1 COMPLAINT against United States Department of Agriculture, United States of America. (Filing Fee $ 402.00, Receipt Number BNYSDC-28459142)Document filed by 1815 Savannah Food Corp...(Sharav, Benjamin) |
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