Rivera Deli Corp. et al v. United States of America et al
| Rivera Deli Corp. and Robert Isidro Rivera |
| United States, United States Department of Agriculture Food and Nutrition Service and United States of America |
| 1:2024cv01491 |
| February 27, 2024 |
| US District Court for the Southern District of New York |
| P Kevin Castel |
| Other Statutes: Administrative Procedures Act/Review or Appeal of Agency Decision |
| 42 U.S.C. ยง 10139 judicial review of agency actions |
| None |
Docket Report
RSS Track this Docket
This docket was last retrieved on March 26, 2024. A more recent docket listing may be available from PACER.
| Document Text |
|---|
Filing 5
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 to any party. 2. In lieu of Plaintiffs' temporary six-month disqualification from SNAP, Plaintiffs agree to pay FNS a civil money penalty totaling $15,300.00 within 30 days of the date, as further set forth in this Order. 6. This settlement does not vacate, but rather supersedes USDA's Final Agency Decision dated February 5, 2024, and does not preclude Defendants from taking any administrative action against Plaintiffs based on future conduct, as further set forth herein. 7. Plaintiffs acknowledge that they fully understand the waiver of rights set forth in this Stipulation and knowingly and voluntarily waive 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 the Parties 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. 10. 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. (As further set forth in this Order.) SO ORDERED. United States Department of Agriculture Food and Nutrition Service and United States of America terminated. (Signed by Judge P. Kevin Castel on 3/26/2024) (vfr) Transmission to Finance Unit (Cashiers) for processing.
|
| Filing 4 PROPOSED STIPULATION AND ORDER. Document filed by United States Department of Agriculture Food and Nutrition Service, United States of America..(Pantoja, Joseph) |
| Filing 3 NOTICE OF APPEARANCE by Joseph Anthony Pantoja on behalf of United States Department of Agriculture Food and Nutrition Service, United States of America..(Pantoja, Joseph) |
|
Filing 2
INITIAL PRETRIAL CONFERENCE: COUNSEL FOR PLAINTIFF (OR THE REMOVING DEFENDANT)SHALL IMMEDIATELY SEND A COPY OF THIS ORDER TO ALL PARTIES. Counsel for all parties shall appear for an Initial Pretrial Conference, held pursuant to Rule 16 of the Federal Rules of Civil Procedure, May 17, 2024 at 10:00 a.m. Principal trial counsel shall appear at this and all subsequent conferences. For initial pretrial conferences, plaintiff(s)' counsel shall, no later than 5 business days before the conference, email a copy of the agreed upon (or disputed) Civil Case Management Plan & Scheduling Order to: castelnysdchambers@nysd.uscourts.gov.The call-in information for the teleconference is: Call-In Number: 1-646-453-4442, Phone Conference ID: 171 290 185#. SO ORDERED.Telephonic Initial Conference set for 5/17/2024 at 10:00 AM before Judge P. Kevin Castel. (Signed by Judge P. Kevin Castel on 2/29/2024) (ama)
|
| Case Designated ECF. (jgo) |
| Magistrate Judge Sarah L. Cave 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. (jgo) |
| ***NOTICE TO ATTORNEY TO ELECTRONICALLY FILE CIVIL COVER SHEET. Notice to Attorney George A Ortiz. Attorney must electronically file the Civil Cover Sheet. Use the event type Civil Cover Sheet found under the event list Other Documents. (jgo) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney George A Ortiz. The party information for the following party/parties has been modified: Rivera Deli Corp.; Robert Isidro Rivera; United States; United States Department of Agriculture Food and Nutrition Service. The information for the party/parties has been modified for the following reason/reasons: party name contained a typographical error; party role was entered incorrectly;. (jgo) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge P. Kevin Castel. 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..(jgo) |
| Filing 1 COMPLAINT against United States, United States Department of Agriculture Food and Nutrition Service. (Filing Fee $ 405.00, Receipt Number ANYSDC-29004049)Document filed by Rivera Deli Corp., Robert Isidro Rivera. (Attachments: #1 Exhibit 1 Charge Letter, #2 Exhibit 2 FNS Investigative Report, #3 Exhibit 3 Spreadsheet Summary of FNS Investigative Report, #4 Exhibit 4 Initial FNS Determination Letter, #5 Exhibit 5 Final FNS Determination Letter).(Ortiz, George) |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the New York Southern District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
