Joseph
Joseph v. United States
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 ABDALLA FAIZ JOSEPH, et al., Case No. 20-cv-02955-JD
Plaintiffs,
ORDER RE MOTION TO DISMISS
v. AND EQUITABLE TOLLING
UNITED STATES OF AMERICA, Re: Dkt. Nos. 7, 18 Defendant.
12 A retail food store that “feels aggrieved” by a final agency determination disqualifying it from participation in the Supplemental Nutrition Assistance Program (SNAP) “may obtain judicial review thereof by filing a complaint against the United States . . . within thirty days after the date of delivery or service of the final notice of determination.” 7 U.S.C. § 2023(a)(13). Plaintiffs’ motion for equitable tolling, Dkt. No. 7, and the United States’ motion to dismiss under Federal Rule of Civil Procedure 12(b)(1), Dkt. No. 18, raise the same question of statutory interpretation: may missing the 30-day deadline be excused, and if so, should it be in this case? The Court heard oral argument on the motion to dismiss. Dkt. No. 31. The motion for equitable…