Greenfield Super Market, Inc. et al v. United States et al

Filing 12

ORDER granting 3 Motion to Stay the Withdrawal of Authorization. Signed by District Judge John Corbett O'Meara. (WBar)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
GREENFIELD SUPERMARKET, INC.,
HAMID FARIDA,
Plaintiffs,
Case No. 13-14264
v.
Hon. John Corbett O’Meara
UNITED STATES OF AMERICA,
UNITED STATES DEPARTMENT
OF AGRICULTURE,
Defendants.
____________________________________/

ORDER GRANTING PLAINTIFFS’
EMERGENCY MOTION FOR STAY
Before the court is Plaintiffs’ emergency motion for stay, filed October 8,
2013. In light of the government shutdown, the parties agreed to a temporary stay
until November 10, 2013. Defendants filed a response brief on October 31, 2013.
The United States Department of Agriculture has decided to withdraw
authorization for Greenfield Super Market to participate in the Supplemental
Nutrition Assistance Program (“SNAP”). Plaintiffs seek judicial review of this
decision and a stay while the case is pending. Based upon the recent reassignment
of Plaintiffs’ SNAP case to another USDA legal office, the government “lacks
sufficient information to oppose Plaintiff’s motion for an emergency stay.” Defs.’

Br. at 2. Nor is Defendants’ counsel authorized to stipulate to a stay.
Based upon Plaintiffs’ thorough and well-supported motion, the court finds
that a stay is appropriate. See 7 U.S.C. § 2023(a)(17); Jefferson Village Enter.,
Inc. v. United States, 2011 U.S. Dist. LEXIS 18225 (E.D. Mich. Feb. 24, 2011).
Accordingly, IT IS HEREBY ORDERED that Plaintiffs’ emergency motion to stay
the withdrawal of authorization for Greenfield Super Market is GRANTED,
pending the resolution of this action or further order of the court.

s/John Corbett O’Meara
United States District Judge
Date: November 5, 2013

I hereby certify that a copy of the foregoing document was served upon
counsel of record on this date, November 5, 2013, using the ECF system.

s/William Barkholz
Case Manager

-2-