Prespyterian Deli Corp v. U.S., et al.

Background

Prespyterian Deli Corp. appeals a Food and Nutrition Service decision imposing a six-month disqualification from the Supplemental Nutrition Assistance Program. The United States and the U.S. Department of Agriculture, Food and Nutrition Service are the defendants.

Defendants’ request

The defendants requested that the initial conference be postponed indefinitely while the court considers an anticipated motion to dismiss. They stated that the motion would argue that the plaintiff failed to exhaust its administrative remedies, meaning it did not complete the required agency process, and alternatively that the complaint failed to state a claim. The defendants also stated that, if the motion to dismiss were denied, they anticipated seeking summary judgment based on the agency’s administrative record.

The defendants separately requested additional time to prepare the parties’ joint submission for the conference. They explained that the case was filed shortly before a government shutdown, that work on the case was delayed, and that counsel needed more time to provide the government’s position. The plaintiff did not consent to the requested adjournment because the government had not agreed to stay, or pause, the disqualification during the litigation.

Ruling

Judge Ronnie Abrams granted the application. The initial conference previously scheduled for November 24, 2025, was adjourned until December 9, 2025, at 3:00 p.m. The order did not rule on the anticipated motion to dismiss, the plaintiff’s request for a stay, or the merits of the agency’s disqualification decision.