El Bodegon Mini Market Corp v. United States of America et al
| El Bodegon Mini Market Corp |
| United States Department of Agriculture and United States of America |
| 7:2020cv05840 |
| July 27, 2020 |
| US District Court for the Southern District of New York |
| Philip M Halpern |
| Agriculture Acts |
| 07 U.S.C. § 2011 |
| None |
Docket Report
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Filing 15
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 one year disqualification from SNAP, Plaintiff agrees to pay FNS a civil money penalty totaling $2,664.00, payable within 60 days of the date that Plaintiff signs this Stipulation. Plaintiffs payment shall be made in one lump sum.Plaintiff's payment 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 check shall identify in the "memo" section the case name, docket number, and the FNS number (0496041). As further set forth herein. This Court shall retain jurisdiction over this action to enforce this Stipulation. The Clerk of the Court is respectfully requested to close this case. SO ORDERED. (Signed by Judge Philip M. Halpern on 9/2/2020) (ks)
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| Filing 14 PROPOSED STIPULATION AND ORDER. Document filed by United States Department of Agriculture, United States of America..(Kahane, Joshua) |
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Filing 13
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 June 26, 2020 decision disqualifying Plaintiff from participating in SNAP during the pendency of this action (the "Stay"), without prejudice to USDAs 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 Philip M. Halpern on 7/29/2020) (ks)
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| Filing 12 AFFIDAVIT OF SERVICE of Summons and Complaint,, served. United States Department of Agriculture served on 7/28/2020, answer due 9/28/2020; United States of America served on 7/28/2020, answer due 9/28/2020. Service was made by MAIL. Document filed by El Bodegon Mini Market Corp. (Attachments: #1 Exhibit SUMMONS - United States of America, #2 Exhibit SUMMONS - USDA, #3 Exhibit Proof of Certified Mailing).(Sharav, Benjamin) |
| Filing 11 PROPOSED STIPULATION AND ORDER. Document filed by United States Department of Agriculture, United States of America..(Kahane, Joshua) |
| Filing 10 NOTICE OF APPEARANCE by Joshua Evan Kahane on behalf of United States Department of Agriculture, United States of America..(Kahane, Joshua) |
| Filing 9 ELECTRONIC SUMMONS ISSUED as to United States Department of Agriculture..(dnh) |
| Filing 8 ELECTRONIC SUMMONS ISSUED as to United States of America, U.S. Attorney and U.S. Attorney General..(dnh) |
| Case Designated ECF. (dnh) |
| Magistrate Judge Judith C. McCarthy 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. (dnh) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Philip M. Halpern. 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..(dnh) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Benjamin Sharav. The party information for the following party/parties has been modified: El Bodegon Mini Market Corp. The information for the party/parties has been modified for the following reason/reasons: party role was entered incorrectly. (dnh) |
| ***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); County code Albany. The following correction(s) have been made to your case entry: the Jurisdiction code has been modified to 2 (U.S. Government Defendant); the County code has been modified to Westchester. (dnh) |
| Filing 7 REQUEST FOR ISSUANCE OF SUMMONS as to United States Department of Agriculture, re: #1 Complaint,,. Document filed by El Bodegon Mini Market Corp..(Sharav, Benjamin) |
| Filing 6 CIVIL COVER SHEET filed..(Sharav, Benjamin) |
| Filing 5 REQUEST FOR ISSUANCE OF SUMMONS as to United States Of America, re: #1 Complaint,,. Document filed by El Bodegon Mini Market Corp..(Sharav, Benjamin) |
| Filing 4 NOTICE OF APPEARANCE by Victor Jose Molina, Jr on behalf of El Bodegon Mini Market Corp..(Molina, Victor) |
| Filing 3 NOTICE OF APPEARANCE by Benjamin Sharav on behalf of El Bodegon Mini Market Corp..(Sharav, Benjamin) |
| Filing 2 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by El Bodegon Mini Market Corp..(Sharav, Benjamin) |
| Filing 1 COMPLAINT against United States Department of Agriculture, United States of America. (Filing Fee $ 400.00, Receipt Number BNYSDC-20870666)Document filed by El Bodegon Mini Market Corp. (Attachments: #1 Exhibit Exh. A - Final Agency DecisionDated June 26, 2020, #2 Exhibit Exh. B - USDA FNS Charging LetterApril 2, 2020, #3 Exhibit Exh. C-- Retailers Response to Charging Letter-- April 9, 2020, #4 Exhibit Exh. D--FNS Disqualification Letter-- April 17, 2020, #5 Exhibit Ex. E - Retailers Request for Administrative Review -- May 11, 2020).(Sharav, Benjamin) |
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