Saleh et al v. Department of Agriculture

Filing 12

ORDER advising the Court will instruct the Clerk of the Court to terminate Danny's Grocery as a separate counter defendant & list the counter defendants as Derhim Saleh, doing business as Danny's Grocery, & Wisam Anaam, doing business as Danny's Grocery. The parties have 5 days from the entry date of this Order in which to file objections to the proposed corrections. Signed by Judge Susan Webber Wright on 9/9/2011. (jct)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
JONESBORO DIVISION

DERHIM SALEH, doing business as
Danny’s Grocery, and WISAM
ANAAM, doing business as Danny’s
Grocery
Plaintiffs/Counter Defendants
V.
DEPARTMENT OF AGRICULTURE

Defendant/Counter Claimant

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NO: 3:11CV00033 SWW

ORDER

Plaintiffs filed this action against the United States Department of Agriculture, seeking
judicial review of a decision disqualifying Plaintiffs from participation in the Supplemental
Nutrition Assistance Program (“SNAP”). The Clerk’s Office has alerted the Court to
ambiguities regarding the identity of the plaintiffs and counter defendants. The caption of the
complaint names plaintiffs “Danny’s Grocery, Derhim Saleh Wisam Anaam,” but the body of
the pleading refers to “Derhim Saleh and Wisam Annam d/b/a Danny’s Grocery.” 1
Furthermore, the counterclaim names “Danny’s Grocery, Derhim Saleh and Wisam Annam” as
counter defendants.

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The electronic docket lists the plaintiffs as “Derhim Saleh, doing business as Danny’s
Grocery and Winsam Anaam, doing business as Danny’s Grocery.”

It is necessary that the parties are correctly and consistently identified. Because the
regulations at issue disqualify an owner or operator of a retail food store from participation in
SNAP, it appears that the plaintiffs and the counter defendants are properly identified as
“Derhim Saleh, doing business as Danny’s Grocery, and Wisam Anaam, doing business as
Danny’s Grocery.” Unless a party objects, the Court will instruct the Clerk of the Court to
terminate Danny’s Grocery as a separate counter defendant and list the counter defendants as
Derhim Saleh, doing business as Danny’s Grocery, and Wisam Anaam, doing business as
Danny’s Grocery.
The parties have five (5) days from the entry date of this order in which to file objections
to the proposed corrections.
IT IS SO ORDERED THIS 9TH DAY OF SEPTEMBER, 2011.
/s/Susan Webber Wright
UNITED STATES DISTRICT JUDGE

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