SUUQA BAKARO GROCERY et al v. UNITED STATES DEPARTMENT OF AGRICULTURE

Filing 12

REPORT OF PRE-FILING CONFERENCE UNDER LOCAL RULE 56(h) - Joint Factual Stipulations due by 3/10/2017. Motion for Summary Judgment due by 3/27/2017. Response due by 4/24/2017. Reply due by 5/8/2017. By JUDGE D. BROCK HORNBY. (mnw)

UNITED STATES DISTRICT COURT
DISTRICT OF MAINE
SUUQA BAKARO GROCERY
MAHDI IROBE,

AND

PLAINTIFFS
V.

UNITED STATES DEPARTMENT OF
AGRICULTURE,
DEFENDANT

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CIVIL NO. 2:16-CV-254-DBH

REPORT OF PRE-FILING CONFERENCE UNDER LOCAL RULE 56(h)
A Local Rule 56 pre-filing conference was held on February 22, 2017.
The plaintiffs Suuqa Bakaro Grocery and Mahdi Irobe have asserted one
count pursuant to 7 U.S.C. § 2023(a), seeking judicial review of the defendant
United States Department of Agriculture’s decision to disqualify them from
participation in the Supplemental Nutrition Assistance Program (SNAP).
The parties discussed the proper standards of review that would apply to
the defendant agency’s decision to disqualify the plaintiffs from SNAP.

The

parties agreed that, in reviewing the agency’s decision, the court conducts a twostep process. First, the court determines de novo whether a violation occurred.
Broad St. Food Mkt., Inc. v. United States, 720 F.2d 217, 220 (1st Cir. 1983);
Collazo v. United States, 668 F.2d 60, 65 (1st Cir. 1981). The plaintiffs have the
burden of showing by a preponderance of the evidence that a violation did not
occur. See 7 U.S.C. § 2023(a)(16); Hajifarah v. United States, 779 F. Supp. 2d

191, 204 (D. Me. 2011). If the court finds that a violation did indeed occur,
however, the court then applies the arbitrary and capricious standard of review
to evaluate whether the agency properly imposed the sanction. Broad St. Food
Mkt., 720 F.2d at 220.
The Court endorses the following schedule proposed by the parties:
By March 10, 2017, the parties shall file their joint factual
stipulations.
By March 27, 2017, the defendant shall file its motion for
summary judgment with supporting materials in accordance with
Local Rule 56. The defendant indicated that it would file a hard copy
of the Administrative Record, which totals approximately 750 pages
in length, as part of the record.
By April 24, 2017, the plaintiffs shall file their response in
accordance with Local Rule 56.
By May 8, 2017, the defendant shall file any reply.
SO ORDERED.
DATED THIS 22ND DAY OF FEBRUARY, 2017
/S/D. BROCK HORNBY
D. BROCK HORNBY
UNITED STATES DISTRICT JUDGE

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