Erick's Mini Market Corp. v. United States of America et al
| ERICKS MINI MARKET CORP. and Erick's Mini Market Corp. |
| United States Department of Agriculture and UNITED STATES OF AMERICA |
| 7:2020cv03920 |
| May 20, 2020 |
| US District Court for the Southern District of New York |
| Nelson Stephen Roman |
| Agriculture Acts |
| 05 U.S.C. § 8715 |
| None |
Docket Report
RSS Track this Docket
This docket was last retrieved on July 15, 2020. A more recent docket listing may be available from PACER.
| Document Text |
|---|
Filing 14
STIPULATION AND ORDER 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 $5,958.00, payable within 60 days of the date that Plaintiff signs this Stipulation. Plaintiff's payments shall be made by certified check or money order, made payable to the United States Treasury, and shall be delivered by certified or registered mail to the United States Attorney's Office, Financial Litigation Unit, 86 Chambers Street, 3rd Floor, New York, New York 10007. The checks shall identify in the "memo" section the case name, docket number. This Court shall retain jurisdiction over this action to enforce this Stipulation and further set forth in this Order. SO ORDERED. (Signed by Judge Nelson Stephen Roman on 7/15/2020) (rro)
|
| Filing 13 PROPOSED STIPULATION AND ORDER. Document filed by United States Department of Agriculture, United States of America..(Bannon, Zachary) |
| Filing 12 AFFIDAVIT OF SERVICE of Summons and Complaint,, served. United States Department of Agriculture served on 6/13/2020, answer due 8/12/2020; United States of America served on 6/13/2020, answer due 8/12/2020. Service was made by MAIL. Document filed by Erick's Mini Market Corp.. (Attachments: #1 Exhibit Summons, Complaint, #2 Exhibit Proofs of Certified Mailing).(Sharav, Benjamin) |
| Filing 11 ELECTRONIC SUMMONS ISSUED as to United States Department of Agriculture, United States of America..(pne) |
| Filing 10 REQUEST FOR ISSUANCE OF SUMMONS as to United States Of America, United States Department of Agriculture, re: #1 Complaint,,. Document filed by Erick's Mini Market Corp...(Sharav, Benjamin) |
|
Filing 9
STIPULATION AND ORDER STAYING 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 USDA, by their respective undersigned attorneys, that: 1. The USDA agrees to stay its April 14, 2020 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. 2. During the Stay, Plaintiff shall abide by, and be governed by, all the rules and regulations of the SNAP in the same manner as Plaintiff would have been required to do had the disqualification not taken place. 3. The USDA's agreement to Stay Plaintiff's 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 its complaint filed in the above-captioned action. SO ORDERED. (Signed by Judge Nelson Stephen Roman on 5/21/2020) (rj)
|
| Case Stayed (rj) |
| Filing 8 PROPOSED STIPULATION AND ORDER. Document filed by United States Department of Agriculture, United States of America..(Bannon, Zachary) |
| Filing 7 NOTICE OF APPEARANCE by Zachary Bannon on behalf of UNITED STATES OF AMERICA, United States Department of Agriculture..(Bannon, Zachary) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Benjamin Sharav to RE-FILE Document No. #4 Request for Issuance of Summons,. The filing is deficient for the following reason(s): Court name is not on the PDF; second party name on the PDF 'To' section must include 'care of c/o' or 'via'; party name on the PDF 'To' section does not exactly match as it appears on the pleading caption (United States Department of Agriculture). Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (jgo) |
| Case Designated ECF. (jgo) |
| Magistrate Judge Paul E. Davison is so designated. 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 REGARDING PARTY MODIFICATION. Notice to attorney Benjamin Sharav. The party information for the following party/parties has been modified: ERICKS MINI MARKET CORP.; UNITED STATES OF AMERICA; United States Department of Agriculture. The information for the party/parties has been modified for the following reason/reasons: party name was entered in all caps; party role was entered incorrectly;. (jgo) Modified on 5/21/2020 (jgo). |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Nelson Stephen Roman. 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) |
| ***NOTICE TO ATTORNEY REGARDING CIVIL CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Benjamin Sharav. The following case opening statistical information was erroneously selected/entered: Jurisdiction code 3 (Federal Question);. The following correction(s) have been made to your case entry: the Jurisdiction code has been modified to 2 (U.S. Government Defendant);. (jgo) |
| Filing 6 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by ERICKS MINI MARKET CORP...(Sharav, Benjamin) |
| Filing 5 CIVIL COVER SHEET filed..(Sharav, Benjamin) |
| Filing 4 FILING ERROR - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to United States Of America, United States Department of Agriculture, re: #1 Complaint,,. Document filed by ERICKS MINI MARKET CORP...(Sharav, Benjamin) Modified on 5/21/2020 (jgo). |
| Filing 3 NOTICE OF APPEARANCE by Victor Jose Molina, Jr on behalf of ERICKS MINI MARKET CORP...(Molina, Victor) |
| Filing 2 NOTICE OF APPEARANCE by Benjamin Sharav on behalf of ERICKS MINI MARKET CORP...(Sharav, Benjamin) |
| Filing 1 COMPLAINT against UNITED STATES OF AMERICA, United States Department of Agriculture. (Filing Fee $ 400.00, Receipt Number ANYSDC-19911576)Document filed by ERICKS MINI MARKET CORP.. (Attachments: #1 Exhibit Exh. A--Final Agency DecisionDated April l 4, 2020, #2 Exhibit Exh. B--USDA FNS Charging LetterOctober 17, 2019, #3 Exhibit Exh. C--Retailers Response to Charging Letter-- October 28, 2019, #4 Exhibit Exh. D--FNS Disqualification Letter-- November 26, 2019, #5 Exhibit Exh. E--Retailers Request for Administrative Review -- December 6, 2019, #6 Exhibit Exh. F--FNS Acknowledgement of Request for Administrative Review --December 23, 2019).(Sharav, Benjamin) |
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.
