056 Deli & Grocery Corp. v. United States of America
- Willis
- 1:23-cv-05557
- U.S. District Court · Southern District of New York
- 2
In 056 Deli & Grocery v. United States, Judge Willis granted the Government’s request to file a redacted administrative record protecting sensitive SNAP information.
The Government may file a redacted administrative record. The redactions protect sensitive information concerning SNAP recipients, participating stores, and other third parties; the opinion also concerns 056 Deli & Grocery Corp. and Sandra Pichardo Majias as the plaintiffs.
What happened
056 Deli & Grocery Corp. and Sandra Pichardo Majias challenge the United States Department of Agriculture’s order disqualifying 056 Deli & Grocery Corp. from the Supplemental Nutrition Assistance Program (SNAP). The Government asked to file a redacted copy of the certified administrative record, and the plaintiffs consented.
The Government said the record contains sensitive personal and commercial information, including electronic benefits transfer card numbers, household numbers, agency identification numbers, and information about SNAP recipients and participating stores. It argued that privacy interests justified redacting that information despite the general presumption that court filings are public.
Judge Jennifer E. Willis granted the request. The order permits the Government to file a redacted version of the certified administrative record on the public docket.
The detailed version
- 056 Deli & Grocery Corp. v. United States of America · No. 1:23-cv-05557
- Willis
- July 12, 2024
Background
The plaintiffs challenge an order by the United States Department of Agriculture disqualifying 056 Deli & Grocery Corp. from the Supplemental Nutrition Assistance Program (SNAP). The Government represents the United States of America and the United States Department of Agriculture, Food and Nutrition Service (FNS).
The Government sought permission to file a redacted version of the certified administrative record—the materials from the agency proceeding—on the public docket. The request was made consistently with a protective order entered on May 9, 2024, and the plaintiffs consented.
Reason for Redactions
The Government stated that the administrative record contains sensitive personal and commercial information concerning electronic benefits transfer (EBT) card recipients and stores participating in SNAP. The information includes FNS numbers, EBT card numbers, household numbers, and other confidential or similar information. The Government cited privacy protections in the Privacy Act, the Food and Nutrition Act of 2008, and related federal regulations.
The Government also argued that the privacy interests of third parties outweighed the value of public access to the redacted information. It cited decisions recognizing that third-party privacy interests can justify sealing or redacting court documents, as well as similar SNAP disqualification cases in the district where courts allowed the Government to submit redacted administrative records.
Ruling
Judge Jennifer E. Willis granted the request. The ruling allows the Government to file a redacted version of the certified administrative record on the public docket. The opinion does not resolve the plaintiffs’ challenge to the SNAP disqualification order.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.