1665 Justin Deli & Grocery Corp. v. United States of America et al
| 1665 Justin Deli & Grocery Corp. |
| United States of America and United States Department of Agriculture |
| 1:2023cv11110 |
| December 22, 2023 |
| US District Court for the Southern District of New York |
| Jessica G L Clarke |
| Agriculture Acts |
| 07 U.S.C. § 202 |
| None |
Docket Report
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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: This action is dismissed with prejudice and without costs, expenses, or attorney's fees. In lieu of Plaintiff's temporary six-month disqualification from SNAP, Plaintiff agrees to pay FNS a civil money penalty totaling $5,430.00, with an initial payment of $905.00 payable within 30 days of the date that Plaintiff signs this Stipulation of Settlement ("Stipulation"), second payment of $905.00 payable within 60 days of the date that Plaintiff signs this Stipulation, a third payment of $905.00 payable within 90 days of the date that Plaintiff signs this Stipulation, a fourth payment of $905.00 payable within 120 days of the date that Plaintiff signs this Stipulation, a fifth payment of $905.00 payable within 150 days of the date that Plaintiff signs this Stipulation, and a final payment of $905.00 payable within 180 days of the date that Plaintiff signs this Stipulation. Plaintiff's payment shall be made electronically via www.pay.gov. The consolidated debt collection service (CDCS) number will be provided to counsel for Plaintiff following execution of this agreement. and as set forth herein. This Stipulation shall be binding upon and inure to the benefit of the Parties and their respective legal representatives, successors, and assigns. The Clerk of Court is respectfully directed to close this case. SO ORDERED. (Signed by Judge Jessica G. L. Clarke on 1/12/2024) (ama)
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| Filing 13 PROPOSED STIPULATION AND ORDER. Document filed by United States Department of Agriculture, United States of America..(Kristofcak, Alexander) |
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Filing 12
STIPULATION TO STAY PLAINTIFF'S DISQUALIFICATION FROM THE SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM PENDING FINAL DISPOSITION: IT IS HEREBY STIPULATED, CONSENTED, AND AGREED by and between Plaintiff and the Defendants, by their respective undersigned attorneys, that: The USDA agrees to stay its November 27, 2023, decision disqualifying Plaintiff 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; however, the Stay will not remain in effect during the duration of any appeals. During the Stay, Plaintiff shall abide by, and be governed by, all the rules andregulations of the SNAP in the same manner as Plaintiff would have been required to do had the disqualification not taken place. 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 Jessica G. L. Clarke on 12/29/2023) (ama)
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| Filing 11 PROPOSED STIPULATION AND ORDER. Document filed by United States Department of Agriculture, United States of America..(Kristofcak, Alexander) |
| Filing 10 NOTICE OF APPEARANCE by Alexander Kristofcak on behalf of United States Department of Agriculture, United States of America..(Kristofcak, Alexander) |
| Filing 9 SUMMONS RETURNED EXECUTED Summons and Complaint served. United States Department of Agriculture served on 12/28/2023, answer due 2/26/2024; United States of America served on 12/28/2023, answer due 2/26/2024. Service was made by MAIL. Document filed by 1665 Justin Deli & Grocery Corp.. (Attachments: #1 Exhibit Summons, #2 Exhibit Mailing Labels, Proof of Certified Mailing).(Molina, Victor) |
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Filing 8
NOTICE OF INITIAL PRETRIAL CONFERENCE: Initial Conference set for 3/26/2024 at 02:00 PM before Judge Jessica G. L. Clarke. The conference will be held remotely by Microsoft Teams. SO ORDERED. (Signed by Judge Jessica G. L. Clarke on 12/28/2023) (vfr)
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| Filing 7 ELECTRONIC SUMMONS ISSUED as to United States Department of Agriculture, United States of America, U.S. Attorney and U.S. Attorney General..(gp) |
| Case Designated ECF. (gp) |
| Magistrate Judge Robyn F. Tarnofsky 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. (gp) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Jessica G. L. Clarke. 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) |
| Filing 6 NOTICE OF APPEARANCE by Victor Jose Molina, Jr on behalf of 1665 Justin Deli & Grocery Corp...(Molina, Victor) |
| Filing 5 NOTICE OF APPEARANCE by Benjamin Sharav on behalf of 1665 Justin Deli & Grocery Corp...(Sharav, Benjamin) |
| Filing 4 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by 1665 Justin Deli & Grocery Corp...(Sharav, Benjamin) |
| Filing 3 REQUEST FOR ISSUANCE OF SUMMONS as to United States Of America, United States Department of Agriculture, re: #1 Complaint. Document filed by 1665 Justin Deli & Grocery 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 $ 405.00, Receipt Number BNYSDC-28729841)Document filed by 1665 Justin Deli & Grocery Corp...(Sharav, Benjamin) |
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