Al Saidi v. United States of America
Al Saidi v. United States of America
Trial Court Opinion
USDC SDNY DOCUMENT UNITED STATES DISTRICT COURT ELECTRONICALLY FILED SOUTHERN DISTRICT OF NEW YORK DOC DATE FILED: 3/9/2021 SADAM JHALID ALI AL SAIDI, and 1681 Deli Grocery Corp., Plaintiffs, . 1:21-cv-1978-MKV -against- UNITED STATES OF AMERICA, UNITED ORDER STATES DEPARTMENT OF AGRICULTURE, and FOOD AND NUTRITION SERVICE, Defendants.
MARY KAY VYSKOCIL, United States District Judge: On March 7, 2021, Plaintiffs filed the Complaint and an Emergency Motion for Preliminary Injunction to stay their disqualification from participating in the Supplemental Nutrition Assistance Program. [ECF Nos. 1-—2.] Local Civil Rule 7.1 provides, in relevant part, that “all motions shall include,” inter alia, memorandum of law, setting forth the cases and other authorities relied upon in support of the motion.” Local Civil Rule 7.1(a)(2). Plaintiffs have failed to submit a memorandum of law with their Emergency Motion. [See ECF No. 2.] This defect, “standing alone, is sufficient cause for granting or denying a motion.” Avillan v. Donahoe, No. 13 CV 509,
2015 WL 728169, at *6 (S.D.N.Y. Feb. 19, 2015) (quoting Wenzhou Wanli Food Co., Ltd. v. Hop Chong Trading Co., Inc., No. 98 CIV 5045 JFK, 84191, 2000 EL 964944, at *3 (S.D.N.Y. July 11, 2000)); see, e.g., Fashion.tv.com GmbH y. Olic, No. 06 Civ. 3200(GBD)(KNF),
2007 WL 2600864, at *1 (S.D.N.Y. Aug. 28, 2007) (denying motion under Local Civil Rule 7.1 for failure to submit memorandum of law); Toner v. United Bhd. of Carpenters, No. 96CIV.0023(SHS)RLE,
1999 WL 178784, at *1 (S.D.N.Y. Mar. 31, 1999) (same).
Accordingly, Plaintiffs’ Emergency Motion is DENIED without prejudice and with leave to refile a proper application in compliance with Local Civil Rule 7.1. The Clerk of Court is respectfully requested to terminate docket entry 2.
SO ORDERED. | i / ef Date: March 9, 2021 MARY/KAY vafcoch New York, NY United States District Judge
Reference
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