Korain et al v. United States of America et al
| Jamal K Korain and Organic Deli And Smoke Shop Corporation |
| United States of America and United States Department of Agriculture, Food and Nutrition Service |
| 1:2025cv03147 |
| April 16, 2025 |
| U.S. District Court for the Southern District of New York |
| Alvin K Hellerstein |
| Other Statutes: Administrative Procedures Act/Review or Appeal of Agency Decision |
| 07 U.S.C. § 2023 (a) Judicial Review of Food Stamp Disqualification |
| None |
Docket Report
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This docket was last retrieved on May 23, 2025. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 9 SUMMONS RETURNED EXECUTED Summons and Complaint,, served. United States Department of Agriculture, Food and Nutrition Service served on 4/30/2025, answer due 6/30/2025; United States of America served on 4/30/2025, answer due 6/30/2025. Service was made by Certified Mail. Document filed by Jamal K Korain; Organic Deli And Smoke Shop Corporation..(Berkowitz, Jess) |
Filing 8
STIPULATION AND ORDER OF SETTLEMENT AND DISMISSAL... 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 attorneys' fees. In lieu of Plaintiffs' temporary six-month disqualification from SNAP, Plaintiffs agree to pay FNS a civil money penalty ("CMP") totaling SEVEN THOUSAND TWO HUNDRED FORTY-EIGHT DOLLARS AND ZERO CENTS ($7,248.00). Plaintiffs shall pay the CMP in six (6) equal installments of ONE THOUSAND TWO HUNDRED EIGHT DOLLARS AND ZERO CENTS ($1,208.00), with the first payment made within 30 days of the date that Plaintiffs sign this Stipulation and Order of Settlement and Dismissal ("Stipulation"), and each subsequent payment made within 30 days of the prior payment, such that Plaintiffs shall have paid the CMP in full within 180 days of the date that Plaintiffs signs this Stipulation. Plaintiffs shall make the payments as provided in this Stipulation regardless of whether they continue to operate their store during the time when the payment is due. The Parties agree that this Stipulation is not intended to be grounds for a reciprocal sanction of the Plaintiffs from the Supplemental Nutrition Program for Women, Infants, and Children ("WIC"). However, should Plaintiffs be deemed to be in default of this Stipulation, FNS may refer Plaintiffs to the state authority that administers WIC and the state authority may impose a reciprocal WIC sanction. This Stipulation does not vacate, but rather supersedes FNS's Final Agency Decision, dated April 3, 2025, and does not preclude Defendants from taking any administrative action against Plaintiffs 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. Plaintiffs agree to waive any right to a jury trial, to the extent any right existed, on the issues arising from the Final Agency Decision or the determination to disqualify their participation in SNAP. SO ORDERED: (Signed by Judge Alvin K. Hellerstein on 5/12/25) (yv)
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| Filing 7 PROPOSED STIPULATION AND ORDER. Document filed by United States of America..(Fidler, Harry) |
| Filing 6 NOTICE OF APPEARANCE by Harry Kinsler Fidler on behalf of United States Department of Agriculture, Food and Nutrition Service, United States of America..(Fidler, Harry) |
| Filing 5 CIVIL COVER SHEET filed..(Berkowitz, Jess) |
| Filing 4 ELECTRONIC SUMMONS ISSUED as to United States Department of Agriculture, Food and Nutrition Service, United States of America, U.S. Attorney and U.S. Attorney General..(jgo) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT CIVIL COVER SHEET. Notice to attorney Jess Martin Berkowitz to RE-FILE Document No. #3 Civil Cover Sheet. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the civil cover sheet is not correct; the Courthouse Assignment code was not selected;. Re-file the document using the event type Civil Cover Sheet found under the event list Other Documents and attach the correct PDF. Use civil cover sheet issued by S.D.N.Y. dated December 4, 2024. The S.D.N.Y. Civil Cover Sheet dated December 4, 2024 is located at#http://nysd.uscourts.gov/forms/civil-cover-sheet-2.. (jgo) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Alvin K. Hellerstein. 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) |
| Magistrate Judge Sarah Netburn 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) |
| Case Designated ECF. (jgo) |
| ***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;. (jgo) |
| ***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;. (jgo) |
| Filing 3 FILING ERROR - PDF ERROR - CIVIL COVER SHEET filed..(Berkowitz, Jess) Modified on 4/17/2025 (jgo). |
| 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 Jamal K Korain, Organic Deli And Smoke Shop Corporation..(Berkowitz, Jess) |
| Filing 1 COMPLAINT against United States Department of Agriculture, United States of America. (Filing Fee $ 405.00, Receipt Number ANYSDC-30938346)Document filed by Jamal K Korain, Organic Deli And Smoke Shop Corporation. (Attachments: #1 Affidavit Declaration of Plaintiff, #2 Exhibit FNS letter 1/2/2024, #3 Exhibit Transaction Reports, #4 Exhibit Attorney letter 1/9/2024, #5 Exhibit FNS letter 2/14/2024, #6 Exhibit Attorney letter 2/15/2024, #7 Exhibit Final Agency Decision).(Berkowitz, Jess) |
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