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George M. Kassab, et al v. Temporary Relief United States Department of Agriculture

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA


September 16, 2011

GEORGE M. KASSAB, ET AL.,
PLAINTIFFS,
v.
TEMPORARY RELIEF UNITED STATES DEPARTMENT OF AGRICULTURE, ET AL., DEFENDANTS.

The opinion of the court was delivered by: Honorable Barry Ted Moskowitz United States District Judge

ORDER RE MOTION FOR

Plaintiffs, grocery store owners in San Diego, filed this action seeking judicial review of an administrative action by Defendants, which found that Plaintiffs had trafficked in food stamps. As a result of this determination, Defendants permanently disqualified Plaintiffs from participating in the Supplemental Nutrition Assistance Program.

Pending is Plaintiffs' ex parte motion for temporary relief [doc. #4], in which Plaintiffs request the court to stay this administrative decision pending disposition of Plaintiffs' appeal pursuant to 7 U.S.C. § 2023(a)(17). Under this section, Plaintiffs may seek a stay of the administrative action under review "on application to the court on not less than ten days' notice." § 2023(a)(17). Plaintiffs cannot seek preliminary relief without affording Defendant the requisite notice. See Skyson USA, LLC v. United States, 651 F. Supp. 2d 1202, 1205 (D. Haw. 2009) (discussing prior denial of a motion for relief under § 2023(a)(17) on this ground).

Plaintiffs have not filed a proof of service of the complaint or of the instant motion. Defendants have not entered a notice of appearance. Because Plaintiffs have not provided Defendants with the requisite ten days notice, Plaintiffs' motion for temporary relief is DENIED without prejudice. Plaintiffs shall serve the complaint on Defendants within ten days of entry of this order. After Plaintiffs file a proof of service, Plaintiffs may re-file a motion for relief under § 2023(a)(17). On the day Plaintiffs are ready to re-file this motion, they shall call chambers to obtain a hearing date.

IT IS SO ORDERED.

20110916

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