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Mohammed v. United States Dep't of Agric., Food, & Nutrition Svc.

United States District Court, S.D. New York
Dec 1, 2021
21-cv-6844 (LGS) (S.D.N.Y. Dec. 1, 2021)

Opinion

21-cv-6844 (LGS)

12-01-2021

Mohammed, et al. v. United States Dept. of Agriculture, Food and Nutrition Svc.,

DAMIAN WILLIAMS United States Attorney for the Southern District of New York CARLY WEINREB Assistant United States Attorney Counsel for Defendant.


DAMIAN WILLIAMS United States Attorney for the Southern District of New York CARLY WEINREB Assistant United States Attorney Counsel for Defendant.

Honorable Lorna G. Schofield United States District Judge.

Dear Judge Schofield:

This Office represents defendant United States Department of Agriculture, Food and Nutrition Service (“Defendant” or “United States”) in the above-referenced action in which plaintiffs Rashad Lutf Ahmed Mohammed and 1902 New Way Gourmet Inc. (“Plaintiffs”) challenge their six-month disqualification from the federal Supplemental Nutrition Assistance Program (“SNAP”). I write to respectfully request an adjournment of the initial conference and an order dismissing this case without prejudice pursuant to Rule 4(m) of the Federal Rules of Civil Procedure if the United States is not served within one week.

Plaintiffs filed the complaint on August 13, 2021. ECF No. 1. To date, Plaintiffs have not requested issuance of a summons and have not served process on the United States. As it has been more than 90 days since Plaintiffs filed the complaint, this case is subject to dismissal without prejudice under Rule 4(m). Fed.R.Civ.P. 4(m) (process must be served within 90 days of filing the complaint).

Plaintiffs have had ample notice of their responsibility to obtain a summons and effect proper service. On October 21, 2021, counsel jointly requested an adjournment of the initial conference, which had been previously scheduled for October 28, 2021, specifically to permit Plaintiffs time to effect proper service. ECF No. 13. The Court granted that request, adjourning the initial conference to December 2, 2021. Order dated October 22, 2021 (ECF No. 14). Nevertheless, Plaintiffs have still failed to request issuance of a summons or serve the United States. As such, the United States' time to respond to the complaint has not yet commenced.

In light of these circumstances, the United States respectfully requests that the Court enter an Order that it will dismiss this action without prejudice pursuant to Rule 4(m) if proper service is not made within one week. In the event this action is not dismissed, the United States respectfully requests an adjournment of the initial conference sine die, as the United States intends to move to dismiss the complaint for failure to exhaust administrative remedies. If served, the United States will file a pre-motion letter in accordance with Paragraphs III.A.1 and III.C.2 of the Court's Individual Rules and Procedures for Civil Cases.

I thank the Court for its consideration of this matter.


Summaries of

Mohammed v. United States Dep't of Agric., Food, & Nutrition Svc.

United States District Court, S.D. New York
Dec 1, 2021
21-cv-6844 (LGS) (S.D.N.Y. Dec. 1, 2021)
Case details for

Mohammed v. United States Dep't of Agric., Food, & Nutrition Svc.

Case Details

Full title:Mohammed, et al. v. United States Dept. of Agriculture, Food and Nutrition…

Court:United States District Court, S.D. New York

Date published: Dec 1, 2021

Citations

21-cv-6844 (LGS) (S.D.N.Y. Dec. 1, 2021)