Abuzahrieh et al v. United States of America et al
| Zahi Abdelkarim Abuzahrieh and M & Z Deli 1 Corp |
| United States of America, United States Department of Agriculture and United States Department of Agriculture, Food and Nutrition Service |
| 1:2024cv00148 |
| January 9, 2024 |
| US District Court for the Southern District of New York |
| Vernon S Broderick |
| Other Statutes: Administrative Procedures Act/Review or Appeal of Agency Decision |
| 07 U.S.C. § 202 |
| None |
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Filing 10
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. 2. In lieu of Plaintiffs' temporary six-month disqualification from SNAP, Plaintiffs agree to pay FNS a civil money penalty totaling $14,310.00, in six installments, with an initial payment of $2,385.00 payable within 30 days of the date that Plaintiffs sign this Stipulation of Settlement ("Stipulation"), a second payment of$2,385.00 payable within 60 days of the date that Plaintiffs sign this Stipulation, a third payment of $2,385.00 payable within 90 days of the date that Plaintiffs sign this Stipulation, a fourth payment of $2,385.00 payable within 120 days of the date that Plaintiffs sign this Stipulation, a fifth payment of $2,385.00 payable within 150 days of the date that Plaintiffs sign this Stipulation, and a sixth payment of $2,385.00 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 Plaintiffs following execution of this agreement. As further set forth by this Order. SO ORDERED. (Signed by Judge Vernon S. Broderick on 3/6/2024) (tg) Transmission to Finance Unit (Cashiers) for processing.
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| Filing 9 PROPOSED STIPULATION AND ORDER. Document filed by Zahi Abdelkarim Abuzahrieh, M & Z Deli 1 Corp..(Berkowitz, Jess) |
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Filing 8
MEMO ENDORSEMENT on re: #7 Proposed Stipulation and Order filed by United States Department of Agriculture, Food and Nutrition Service, United States of America. ENDORSEMENT: The parties are directed to fix the typo in paragraph 1, and indicate whether they mean a period of six months or a year. The parties may then submit a revised Stipulation and Order of Settlement with their signatures. SO ORDERED. APPLICATION DENIED. SO ORDERED. (Signed by Judge Vernon S. Broderick on 3/1/2024) (tg)
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| Filing 7 PROPOSED STIPULATION AND ORDER. Document filed by United States Department of Agriculture, Food and Nutrition Service, United States of America..(Ramirez-Fisher, Leslie) |
| Filing 6 NOTICE OF APPEARANCE by Leslie A. Ramirez-Fisher on behalf of United States Department of Agriculture, Food and Nutrition Service, United States of America..(Ramirez-Fisher, Leslie) |
| Filing 5 SUMMONS RETURNED EXECUTED Summons and Complaint,, served. United States Department of Agriculture, Food and Nutrition Service served on 1/11/2024, answer due 3/11/2024; United States of America served on 1/11/2024, answer due 3/11/2024. Service was made by Certified Mail. Document filed by Zahi Abdelkarim Abuzahrieh; M & Z Deli 1 Corp., SUMMONS RETURNED EXECUTED. United States Department of Agriculture, Food and Nutrition Service served on 1/11/2024, answer due 3/11/2024; United States of America served on 1/11/2024, answer due 3/11/2024. Service was made by Certified Mail. Document filed by Zahi Abdelkarim Abuzahrieh; M & Z Deli 1 Corp..(Berkowitz, Jess) |
| Filing 4 ELECTRONIC SUMMONS ISSUED as to United States Department of Agriculture, Food and Nutrition Service, United States of America. (vf) |
| Case Designated ECF. (vf) |
| ***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 entered incorrectly. (vf) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Vernon S. Broderick. 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 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(a) Judicial Review of Food Stamp Disqualification. (vf) |
| Magistrate Judge Barbara C. Moses 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) |
| 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 Zahi Abdelkarim Abuzahrieh, M & Z Deli 1 Corp..(Berkowitz, Jess) |
| Filing 1 COMPLAINT against United States Department of Agriculture, United States of America. (Filing Fee $ 405.00, Receipt Number ANYSDC-28784244)Document filed by Zahi Abdelkarim Abuzahrieh, M & Z Deli 1 Corp. (Attachments: #1 Affidavit Declaration of Plaintiff, #2 Exhibit FNS letter 5/18/2022, #3 Exhibit Transaction Reports, #4 Exhibit Attorney letter 5/28/2022, #5 Exhibit FNS letter 6/6/2022, #6 Exhibit Attorney letter 6/11/2022, #7 Exhibit Final Agency Decision).(Berkowitz, Jess) |
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