Shaibi v. United States of America et al
| Abdalla M. Shaibi doing business as Star Deli Grocery |
| UNITED STATES OF AMERICA, United States Department of Agriculture and Unite States of America |
| 1:2023cv10813 |
| December 13, 2023 |
| US District Court for the Southern District of New York |
| Dale E Ho |
| Robyn F Tarnofsky |
| Agriculture Acts |
| 07 U.S.C. § 202 |
| None |
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Filing 15
STIPULATION AND ORDER OF SETTLEMENT: IT IS STIPULATED AND AGREED, by and between the Parties, through their respective counsel, as follows: fees. 1. This action is dismissed with prejudice and without costs, expenses, or attorney's 2. In lieu of Plaintiffs' temporary six month disqualification from SNAP, Plaintiffs agree to pay FNS a civil money penalty totaling $4,950.00, m six installments, with an initial payment of $825.00 payable within 30 days of the date that Plaintiffs sign this Stipulation of Settlement ("Stipulation"), a second payment of $825.00 payable within 60 days of the date that Plaintiffs sign this Stipulation, a third payment of $825.00 payable within 90 days of the date that Plaintiffs sign this Stipulation, a fourth payment of $825.00 payable within 120 days of the date that Plaintiffs sign this Stipulation, a fifth payment of $825.00 payable within 150 days of the date that Plaintiffs sign this Stipulation, and a sixth payment of $825.00 payable within 180 days of the date that Plaintiffs sign this Stipulation. Plaintiffs' payments shall be made either electronically via www.pay.gov or by certified check, made payable to the United States Department of Justice, and delivered by certified or registered mail to the United States Department of Justice, Nationwide Central Intake Facility, P.O. Box 790363, St. Louis, Missouri 63179-0363. If payments are made by check, the checks 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. As further set forth in this order. 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. SO ORDERED. (Signed by Judge Dale E. Ho on 1/4/2024) (ks) Transmission to Finance Unit (Cashiers) for processing.
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Filing 14
STIPULATION AND ORDER OF SETTLEMENT: IT IS STIPULATED AND AGREED, by and between the Parties, through their respective counsel, as follows: 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 $4,950.00, m six installments, with an initial payment of $825.00 payable within 30 days of the date that Plaintiffs sign this Stipulation of Settlement ("Stipulation"), a second payment of $825.00 payable within 60 days of the date that Plaintiffs sign this Stipulation, a third payment of $825.00 payable within 90 days of the date thatPlaintiffs sign this Stipulation, a fourth payment of $825.00 payable within 120 days of the date that Plaintiffs sign this Stipulation, a fifth payment of $825.00 payable within 150 days of the date that Plaint1ffs sign this Stipulation, and a sixth payment of $825.00 payable within 180 days ofthe date that Plaintiffs sign this Stipulation. Plaintiffs' payments shall be made either electronically via www.pay.gov or by certified check, made payable to the United States Department of Justice, and delivered by certified or registered mail to the United States Department of Justice, Nationwide Central Intake Facility, P.O. Box 790363, St. Louis, Missouri 63179-0363. If payments are made by check, the checks 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 set forth herein. SO ORDERED. (Signed by Magistrate Judge Robyn F. Tarnofsky on 1/02/2024) (ama)
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| Filing 13 PROPOSED STIPULATION AND ORDER. Document filed by Unite States of America, United States Department of Agriculture..(Pantoja, Joseph) |
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Filing 12
ORDER: It is ORDERED that the parties shall, by January 3, 2024, refile the proposed Stipulation and Order of Settlement with my signature block. SO ORDERED. (Signed by Magistrate Judge Robyn F. Tarnofsky on 12/29/2023) (mml)
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| Filing 11 NOTICE OF APPEARANCE by Joseph Anthony Pantoja on behalf of Unite States of America, United States Department of Agriculture..(Pantoja, Joseph) |
| Filing 10 PROPOSED STIPULATION AND ORDER. Document filed by Abdalla M. Shaibi..(Sharav, Benjamin) |
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Filing 9
ORDER: It is hereby ORDERED that, by January 25, 2024, the parties must discuss (1) the timeline for Defendant to produce the record underlying the agency decision being challenged ("Administrative Record"); (2) whether Plaintiff intends to seek disclosure beyond the Administrative Record; and (3) a briefing schedule for any motions the parties contemplate making. It is further ORDERED that, by February 12, 2024, the parties must submit a joint letter (1)reporting whether Plaintiff intends to seek discovery beyond the Administrative Record, (2)proposing a schedule for Defendant's production of the Administrative Record; and (3) proposing a briefing schedule for any motions the parties contemplate making. If Plaintiff intends to seek disclosure beyond the Administrative Record, the parties should fill out the Proposed Case Management Plan and Report of Rule 26(f) Conference, available at https://wp.nysd.uscourts.gov/hon-robyn-f-tarnofsky, and attach it to their joint letter. (Signed by Magistrate Judge Robyn F. Tarnofsky on 12/19/2023) (ate)
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| Filing 8 SUMMONS RETURNED EXECUTED Summons and Complaint served. Unite States of America served on 12/18/2023, answer due 2/16/2024; United States Department of Agriculture served on 12/18/2023, answer due 2/16/2024. Service was made by MAIL. Document filed by Abdalla M. Shaibi. (Attachments: #1 Exhibit Summons, #2 Exhibit Proofs of Certified Mailing).(Sharav, Benjamin) |
| ***DELETED DOCUMENT. Deleted document number #8 INITIAL CASE MANAGEMENT CONFERENCE ORDER. The document was incorrectly filed in this case. The referral in the above entitled action has been reassigned to Magistrate Judge Robyn F. Tarnofsky (ca) |
| NOTICE OF REASSIGNMENT OF A REFERRAL TO ANOTHER MAGISTRATE JUDGE. The referral in the above entitled action has been reassigned to Magistrate Judge Robyn F. Tarnofsky, for Dispositive Motion (i.e., motion requiring a Report and Recommendation). Magistrate Judge Katharine H. Parker no longer referred to the case..(laq) |
| Magistrate Judge Robyn F. Tarnofsky is so redesignated to handle matters that may be referred in this case. (laq) |
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Filing 7
ORDER OF REFERENCE TO A MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for General Pretrial (includes scheduling, discovery, non-dispositive pretrial motions, and settlement) and Dispositive Motion (i.e., motion requiring a Report and Recommendation). Referred to Magistrate Judge Katharine H. Parker. SO ORDERED. (Signed by Judge Dale E. Ho on 12/14/2023) (ks)
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| Filing 6 ELECTRONIC SUMMONS ISSUED as to Unite States of America, United States Department of Agriculture. (vf) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Benjamin Sharav. 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) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Dale E. Ho. 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 Benjamin Sharav. 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(a) Judicial Review of Food Stamp Disqualification. (vf) |
| Magistrate Judge Katharine H. Parker 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. (vf) |
| Case Designated ECF. (vf) |
| Filing 5 NOTICE OF APPEARANCE by Victor Jose Molina, Jr on behalf of Abdalla M. Shaibi..(Molina, Victor) |
| Filing 4 NOTICE OF APPEARANCE by Benjamin Sharav on behalf of Abdalla M. Shaibi..(Sharav, Benjamin) |
| Filing 3 CIVIL COVER SHEET filed..(Sharav, Benjamin) |
| Filing 2 REQUEST FOR ISSUANCE OF SUMMONS as to United States Of America, United States Department of Agriculture, re: #1 Complaint. Document filed by Abdalla M. Shaibi..(Sharav, Benjamin) |
| Filing 1 COMPLAINT against UNITED STATES OF AMERICA, United States Department of Agriculture. (Filing Fee $ 405.00, Receipt Number BNYSDC-28686058)Document filed by Abdalla M. Shaibi..(Sharav, Benjamin) |
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