Capellan et al v. United States of America et al

Filing 63

CLERK'S JUDGMENT re: 62 Order on Motion for Summary Judgment in favor of United States of America, Sonny Perdue against LF Food Market Corp., Yaniris Capellan. It is hereby ORDERED, ADJUDGED AND DECREED: That for the reasons stated in th e Court's Order dated March 4, 2020, Plaintiffs have not adduced evidence that would allow a jury to conclude that FNS's determination that they engaged in trafficking of SNAP benefits was invalid. Plaintiffs also have not presented evid ence showing that they should have been afforded the opportunity to pay a monetary penalty instead of being disqualified from SNAP. And Plaintiffs have abandoned their APA and regulatory claims. Defendants' motion for summary judgment is, therefore, GRANTED; accordingly, the case is closed. (Signed by Clerk of Court Ruby Krajick on 3/4/2020) (Attachments: # 1 Right to Appeal) (km)

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UNITED STA TES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK ------------------------------------------------------------X YANIRIS CAPELLAN and LF FOOD MARKET CORP., Plaintiffs, ELECT;{O~dC/\l .1,Y flf ED DOC#: . 1-~~l~fF F~l-t,l;t)._ 3ltfl~Q-)O ~ 17 CIVIL 9342 (AT) JUDGMENT -againstUNITED STATES OF AMERICA and SONNY PERDUE, SECRETARY, UNITED STATES DEPARTMENT OF AGRICULTURE, Defendants. -----------------------------------------------------------X It is hereby ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Order dated March 4, 2020, Plaintiffs have not adduced evidence that would allow a jury to conclude that FNS's determination that they engaged in trafficking of SNAP benefits was invalid. Plaintiffs also have not presented evidence showing that they should have been afforded the opportunity to pay a monetary penalty instead of being disqualified from SNAP. And Plaintiffs have abandoned their APA and regulatory claims. Defendants' motion for summary judgment is, therefore, GRANTED; accordingly, the case is closed. Dated: New York, New York March 4, 2020 RUBY J. KRAJICK Clerk of Court BY:

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