Nagi et al v. United States of America et al
| Farouq Ahmed Nagi and Stop One Grocery & Deli Corp. |
| United States of America and United States Department of Agriculture, Food and Nutrition Service |
| 1:2024cv01466 |
| February 26, 2024 |
| US District Court for the Southern District of New York |
| Jessica G L Clarke |
| Other Statutes: Administrative Procedures Act/Review or Appeal of Agency Decision |
| None |
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Filing 9
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 Plaintiff's temporary six-month disqualification from SNAP, Plaintiff agrees to pay FNS a civil money penalty totaling SIX THOUSAND SEVEN HUNDRED FOURTEEN DOLLARS ($6,714.00), with an initial payment of ONE THOUSAND ONE HUNDRED NINETEEN DOLLARS ($1,119.00), payable within 30 days of the date that Plaintiff signs this Stipulation of Settlement ("Stipulation"), a second payment of ONE THOUSAND ONE HUNDRED NINETEEN DOLLARS ($1,119.00) payable within 60 days of the date that Plaintiff signs this Stipulation, a third payment of ONE THOUSAND ONE HUNDRED NINETEEN DOLLARS ($1,119.00) payable within 90 days of the date that Plaintiff signs this Stipulation, a fourth payment of ONE THOUSAND ONE HUNDRED NINETEEN DOLLARS ($1,119.00) payable within 120 days of the date that Plaintiff signs this Stipulation, a fifth payment of ONE THOUSAND ONE HUNDRED NINETEEN DOLLARS ($1,119.00) payable within 150 days of the date that Plaintiff signs this Stipulation, and a final payment of ONE THOUSAND ONE HUNDRED NINETEEN DOLLARS ($1,119.00) 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. 3. If Plaintiff fails to make the payment referenced in paragraph 2 above when due, after a seven-day grace period, Plaintiff shall be deemed in default of this Stipulation, and Plaintiff agrees that, AS FURTHER SET FORTH HEREIN. 6. This settlement does not vacate, but rather supersedes FNS's Final Agency Decision, dated February 5, 2024, and does not preclude Defendants from taking any administrative action against Plaintiff based on future conduct as permitted by the Food and Nutrition Act of 2008, as amended, the SNAP regulations, or any other applicable laws or regulations. 7. Plaintiff acknowledges that it fully understands the waivers of rights set forth in this Stipulation and knowingly and voluntarily waives those rights after a full and complete opportunity to consult an attorney regarding said waivers and their meaning. 8. The Parties acknowledge, understand, and agree that this Stipulation sets forth the entire agreement between them relating to the subject matter hereof. 9. This Stipulation shall be binding upon and inure to the benefit of the Parties and their respective legal representatives, successors, and assigns. I 0. 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. Any pending motions are moot. All conferences, including the initial pretrial conference scheduled for May 15, 2024, are cancelled. The Clerk of Court is directed to CLOSE the case. SO ORDERED. (Signed by Judge Jessica G. L. Clarke on 4/16/2024) (vfr) Transmission to Finance Unit (Cashiers) for processing.
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| Filing 8 PROPOSED STIPULATION AND ORDER. Document filed by United States Department of Agriculture, Food and Nutrition Service, United States of America..(Kristofcak, Alexander) |
| Filing 7 NOTICE OF APPEARANCE by Alexander Kristofcak on behalf of United States Department of Agriculture, Food and Nutrition Service, United States of America..(Kristofcak, Alexander) |
| Filing 6 AFFIDAVIT OF SERVICE of Summons and Complaint,, served. United States Department of Agriculture, Food and Nutrition Service served on 3/5/2024, answer due 5/6/2024; United States of America served on 3/5/2024, answer due 5/6/2024. Service was made by Certified Mail. Document filed by Farouq Ahmed Nagi; Stop One Grocery & Deli Corp.., AFFIDAVIT OF SERVICE. Service was made by Certified Mail. Document filed by Farouq Ahmed Nagi; Stop One Grocery & Deli Corp...(Berkowitz, Jess) |
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Filing 5
NOTICE OF INITIAL PRETRIAL CONFERENCE: The conference will be held remotely by Microsoft Teams. All counsel must familiarize themselves with the Court's Individual Rules and Practices, which are available at https://nysd.uscourts.gov/hon-jessica-g-l-clarke. All parties are required to register promptly as filing users on ECF. As further set forth by this Order. SO ORDERED. Initial Conference set for 5/15/2024 at 03:00 PM before Judge Jessica G. L. Clarke. (Signed by Judge Jessica G. L. Clarke on 2/28/2024) (tg)
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| Filing 4 ELECTRONIC SUMMONS ISSUED as to United States Department of Agriculture, Food and Nutrition Service, United States of America. (sj) |
| Case Designated ECF. (sj) |
| 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. (sj) |
| ***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 contained a typographical error. (sj) |
| ***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 (none). The following correction(s) have been made to your case entry: the Cause of Action code has been modified to 07:2023. (sj) |
| 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..(sj) |
| 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 Farouq Ahmed Nagi, Stop One Grocery & Deli Corp...(Berkowitz, Jess) |
| Filing 1 COMPLAINT against United States Department of Agriculture, United States of America. (Filing Fee $ 405.00, Receipt Number ANYSDC-28999228)Document filed by Farouq Ahmed Nagi, Stop One Grocery & Deli Corp.. (Attachments: #1 Affidavit Declaration of Plaintiff, #2 Exhibit FNS letter 7/28/2022, #3 Exhibit Transaction Reports, #4 Exhibit Attorney letter 8/3/2022, #5 Exhibit FNS letter 11/8/2022, #6 Exhibit Attorney letter 11/10/2022, #7 Exhibit Final Agency Decision).(Berkowitz, Jess) |
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