This case was last updated from U.S. District Courts on 10/20/2021 at 07:43:49 (UTC).

Aldaylam et al v. United States of America et al

Case Summary

On 08/21/2021 Aldaylam filed an Other - Administrative Procedure Act lawsuit against United States of America. This case was filed in U.S. District Courts, New York Southern District. The Judges overseeing this case are Lewis A. Kaplan and Stewart D. Aaron. The case status is Disposed - Other Disposed.
Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    1:21-CV-07078

  • Filing Date:

    08/21/2021

  • Case Status:

    Disposed - Other Disposed

  • Case Type:

    Other - Administrative Procedure Act

Judge Details

Presiding Judge

Lewis A. Kaplan

Referral Judge

Stewart D. Aaron

 

Party Details

Plaintiffs

Itihad M. Aldaylam

Safeway Gourmet Deli Corp.

Defendants

United States of America

United States Department of Agriculture, Food and Nutrition Service

Attorney/Law Firm Details

Plaintiff Attorney

Jess Martin Berkowitz

Attorney at Jess M. Berkowitz

401 Broadway, Suite 1510

New York, NY 10013

 

Court Documents

#9

(#9) STIPULATION OF VOLUNTARY DISMISSAL It is hereby stipulated and agreed by and between the parties and/or their respective counsel(s) that the above-captioned action is voluntarily dismissed, with prejudice against the defendant(s) United States Department of Agriculture, Food and Nutrition Service, United States of America and without costs pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure. Document filed by Itihad M. Aldaylam, Safeway Gourmet Deli Corp.. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers)...(Bannon, Zachary) (Entered: 10/12/2021)

#8

(#8) SETTLEMENT AGREEMENT . Document filed by United States Department of Agriculture, Food and Nutrition Service, United States of America..(Bannon, Zachary) (Entered: 10/12/2021)

#7

(#7) 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 Plaintiffs and the USDA, by their respective undersigned attorneys, that: 1. The USDA agrees to stay its July 29, 2021 decision disqualifying Plaintiffs 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, Plaintiffs shall abide by, and be governed by, all the rules and regulations of the SNAP in the same manner as Plaintiffs would have been required to do had the disqualification not taken place. 3. The USDA's agreement to Stay Plaintiffs' 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 USDAs right to oppose Plaintiffs' claims and the relief sought in its complaint filed in the above-captioned action. SO ORDERED. (Signed by Magistrate Judge Stewart D. Aaron on 8/25/2021) (mml) (Entered: 08/25/2021)

#6

(#6) PROPOSED STIPULATION AND ORDER. Document filed by United States Department of Agriculture, Food and Nutrition Service, United States of America..(Bannon, Zachary) (Entered: 08/24/2021)

#5

(#5) ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for Dispositive Motion (i.e., motion requiring a Report and Recommendation) and General Pretrial (includes scheduling, discovery, non-dispositive pretrial motions, and settlement). Referred to Magistrate Judge Stewart D. Aaron. (Signed by Judge Lewis A. Kaplan on 8/23/2021) (cf) (Entered: 08/23/2021)

#4

(#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) (Entered: 08/23/2021)

#3

(#3) CIVIL COVER SHEET filed..(Berkowitz, Jess) (Entered: 08/21/2021)

#2

(#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 Itihad M Adaylam, Safeway Gourmet Deli Corp...(Berkowitz, Jess) (Entered: 08/21/2021)

1 #7

Exhibit Final Agency Decision

1 #6

Exhibit Attorney letter 5/21/2021

1 #5

Exhibit FNS letter 5/20/2021

1 #4

Exhibit Attorney letter 5/14//2021

1 #3

Exhibit Transaction Reports

1 #2

Exhibit FNS letter 5/6/2021

1 #1

Affidavit Declaration of Plaintiff

1 #1

Main Document

5 More Documents Available

 

Docket Entries

  • 10/12/2021
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  • Docket(#9) STIPULATION OF VOLUNTARY DISMISSAL It is hereby stipulated and agreed by and between the parties and/or their respective counsel(s) that the above-captioned action is voluntarily dismissed, with prejudice against the defendant(s) United States Department of Agriculture, Food and Nutrition Service, United States of America and without costs pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure. Document filed by Itihad M. Aldaylam, Safeway Gourmet Deli Corp.. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers)...(Bannon, Zachary) (Entered: 10/12/2021)

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  • 10/12/2021
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  • Docket(#8) SETTLEMENT AGREEMENT . Document filed by United States Department of Agriculture, Food and Nutrition Service, United States of America..(Bannon, Zachary) (Entered: 10/12/2021)

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  • 08/25/2021
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  • Docket(#7) 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 Plaintiffs and the USDA, by their respective undersigned attorneys, that: 1. The USDA agrees to stay its July 29, 2021 decision disqualifying Plaintiffs 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, Plaintiffs shall abide by, and be governed by, all the rules and regulations of the SNAP in the same manner as Plaintiffs would have been required to do had the disqualification not taken place. 3. The USDA's agreement to Stay Plaintiffs' 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 USDAs right to oppose Plaintiffs' claims and the relief sought in its complaint filed in the above-captioned action. SO ORDERED. (Signed by Magistrate Judge Stewart D. Aaron on 8/25/2021) (mml) (Entered: 08/25/2021)

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  • 08/24/2021
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  • Docket(#6) PROPOSED STIPULATION AND ORDER. Document filed by United States Department of Agriculture, Food and Nutrition Service, United States of America..(Bannon, Zachary) (Entered: 08/24/2021)

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  • 08/23/2021
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  • Docket(#5) ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for Dispositive Motion (i.e., motion requiring a Report and Recommendation) and General Pretrial (includes scheduling, discovery, non-dispositive pretrial motions, and settlement). Referred to Magistrate Judge Stewart D. Aaron. (Signed by Judge Lewis A. Kaplan on 8/23/2021) (cf) (Entered: 08/23/2021)

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  • 08/23/2021
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  • Docket(#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) (Entered: 08/23/2021)

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  • 08/23/2021
  • DocketCase Designated ECF. (jgo) (Entered: 08/23/2021)

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  • 08/23/2021
  • DocketMagistrate Judge Stewart D. Aaron 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) (Entered: 08/23/2021)

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  • 08/23/2021
  • DocketCASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Lewis A. Kaplan. 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) (Entered: 08/23/2021)

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  • 08/23/2021
  • Docket***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Jess Martin Berkowitz. The party information for the following party/parties has been modified: Itihad M Adaylam; Department of Agriculture. The information for the party/parties has been modified for the following reason/reasons: party name contained a typographical error;. (jgo) Modified on 8/23/2021 (jgo). (Entered: 08/23/2021)

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  • 08/21/2021
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  • Docket(#3) CIVIL COVER SHEET filed..(Berkowitz, Jess) (Entered: 08/21/2021)

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  • 08/21/2021
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  • Docket(#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 Itihad M Adaylam, Safeway Gourmet Deli Corp...(Berkowitz, Jess) (Entered: 08/21/2021)

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  • 08/21/2021
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  • Docket(#1) COMPLAINT against Department of Agriculture, United States of America. (Filing Fee $ 402.00, Receipt Number ANYSDC-24965685)Document filed by Itihad M Adaylam, Safeway Gourmet Deli Corp.. (Attachments: #1 Affidavit Declaration of Plaintiff, #2 Exhibit FNS letter 5/6/2021, #3 Exhibit Transaction Reports, #4 Exhibit Attorney letter 5/14//2021, #5 Exhibit FNS letter 5/20/2021, #6 Exhibit Attorney letter 5/21/2021, #7 Exhibit Final Agency Decision).(Berkowitz, Jess) (Entered: 08/21/2021)

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