Case: Valentini v. Shinseki

2:11-cv-04846 | U.S. District Court for the Central District of California

Filed Date: June 8, 2011

Clearinghouse coding complete

Case Summary

On June 8, 2011, several veterans, on behalf of all homeless veterans suffering from disabilities caused by their military service, filed a lawsuit in the United States District Court for the Central District of California against the Department of Veterans' Affairs alleging violations of state law and Section 504 of the Rehabilitation Act. The plaintiffs, represented by public interest and private counsel, asked the court for an injunction requiring the defendants to provide the plaintiff clas…

On June 8, 2011, several veterans, on behalf of all homeless veterans suffering from disabilities caused by their military service, filed a lawsuit in the United States District Court for the Central District of California against the Department of Veterans' Affairs alleging violations of state law and Section 504 of the Rehabilitation Act. The plaintiffs, represented by public interest and private counsel, asked the court for an injunction requiring the defendants to provide the plaintiff class with permanent supportive housing that accommodates their disabilities so that they can access the VHA benefits for which they are eligible. They also requested that the court enjoin defendants from using the West Los Angeles Medical Center & Community Living Center campus (WLA Campus) for any purpose that is not directly related to housing veterans with disabilities and to require an accounting of profits of all money received for land use agreements for the WLA campus. The plaintiffs asked the court to declare that the design and implementation of the VHA benefits program was discriminatory and that plaintiffs were being denied meaningful access to benefits by defendants because of their disabilities.

Specifically, the plaintiff claimed that the WLA campus was intended, under the grant that established it, to provide housing and services for veterans with disabilities. By entering into land use agreements with commercial and non-DVA entities, defendants violated the grant, which plaintiffs argued was a charitable trust. Additionally, plaintiffs alleged that there was never a public accounting of the transactions. Plaintiffs claimed that this lack of housing prevented the plaintiffs from meaningfully accessing the veterans' benefits to which they were entitled.

An amended complaint filed Aug. 12, 2011 added claims under the Administrative Procedure Act (5 U.S.C. §§ 551 et seq.).

On Mar. 16, 2012, the court (Judge S. James Otero) dismissed in part the plaintiff's claims. 860 F. Supp. 2d 1079. After the Ninth Circuit vacated Veterans for Common Sense v. Shinseki, 644 F.3d 845, on which the court had relied, it reconsidered the Mar. 16 ruling. Eventually, the en banc Ninth Circuit issued Veterans for Common Sense v. Shinseki, 678 F.3d 1013. Based on that decision, the court found that it lacked jurisdiction over the plaintiffs' Rehabilitation Act claims because resolving the claims would require the court to second-guess the government's determination about what benefits specific veterans were entitled to. But the court let the plaintiffs' Administrative Procedure Act claims proceed because they did not turn on questions about specific veterans' benefits. 2012 WL 12882704.

Mediation was attempted during the course of proceedings, but it proved unsuccessful. Following the mediation, both parties moved for summary judgment.

On Aug. 29, 2013, the court entered judgment in favor of the plaintiff, declaring the land use agreements that defendant had with non-healthcare organizations were unauthorized by law and therefore void. 2013 WL 12121981.

The defendants moved to vacate the judgment, which was denied on Oct. 21, 2013, and then appealed to the Ninth Circuit on Oct. 24. Meanwhile, the parties continued to attempt to find resolution outside of the courtroom, and filed notice of their decision to end litigation on Jan. 28, 2015. The parties stated that they would work together to create a strategy and action plan for veteran homelessness in Greater LA. The final plan was to address chronic homelessness through evidence-based methods and with input from all stakeholders. The VA would address various issues related to creating a plan for the WLA Campus, including bridge housing, permanent supportive housing, and land use agreements.

On Feb. 17, 2015, pursuant to a joint motion to vacate, the Ninth Circuit vacated the district court's judgment. The parties filed joint stipulation to dismiss the case on Mar. 26, 2015. The Clearinghouse does not know whether the parties agreed to a final plan after the case was dismissed or what changes, if any, occurred at the WLA Campus because of this suit.

Summary Authors

Noel Ripberger (10/14/2014)

Virginia Weeks (2/19/2018)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4147184/parties/gregory-valentini-v-eric-shinseki/


Judge(s)

Otero, S. James (California)

Attorneys(s) for Plaintiff

Blasi, Gary L. (California)

Eliasberg, Peter J. (California)

Finsten, James Jacob (California)

Gail, Leonard A (Illinois)

Hartston, Amos E. (California)

Kugler, Elizabeth Haman (California)

Massey, Jonathan (District of Columbia)

Murray, Adam (California)

Olson, Ronald L (California)

Judge(s)

Otero, S. James (California)

Attorneys(s) for Plaintiff

Blasi, Gary L. (California)

Eliasberg, Peter J. (California)

Finsten, James Jacob (California)

Gail, Leonard A (Illinois)

Hartston, Amos E. (California)

Kugler, Elizabeth Haman (California)

Massey, Jonathan (District of Columbia)

Murray, Adam (California)

Olson, Ronald L (California)

Poorman, Jacob Kevin (California)

Rappaport, John Michael (California)

Rosenbaum, Mark Dale (California)

Sapp, David B. (California)

Shapland, David Eric (California)

Tribe, Laurence (Massachusetts)

Tyner, Melissa A (California)

Ulin, John C. (California)

Attorneys(s) for Defendant

Bloom, Karen S (District of Columbia)

DeRecat, Craig J (California)

Escalante, Kristin (California)

Fox, Richard L (Pennsylvania)

Galbally, Erin (Pennsylvania)

Goldstein, Michael R (California)

Kneedler, Jennie L. (District of Columbia)

Layton, Elizabeth (District of Columbia)

McKeever, Kristen (District of Columbia)

Medrano, Alarice (California)

Neubauer, Mark A (California)

Petrulakis, Karen J (California)

Robinson, Charles Furlonge (California)

Seifert, Karen P (District of Columbia)

Soneff, George M (California)

Other Attorney(s)

Fenner, Alexander Michael (California)

Floyd, Daniel S (California)

Yang, Deborah W. (California)

Expert/Monitor/Master

McDonald, Robert N (Maryland)

Documents in the Clearinghouse

Document

2:11-cv-04846

Docket (PACER)

March 26, 2015

March 26, 2015

Docket
1

2:11-cv-04846

Complaint for Injunctive, Declaratory, and Mandamus Relief

Valentini v. Shinseki

June 8, 2011

June 8, 2011

Complaint
24

2:11-cv-04846

Amended Complaint for Injunctive, Declaratory, Mandamus, and Accounting Relief

Valentini v. Shinseki

Aug. 12, 2011

Aug. 12, 2011

Complaint
70

2:11-cv-04846

Civil Minutes- Order Granting in Part and Denying in Part Defendant's Motion to Dismiss

Valenti v. Shinseki

860 F.Supp.2d 1079

March 16, 2012

March 16, 2012

Order/Opinion
87

2:11-cv-04846

Proceedings: Order Granting in Part and Denying in Part Defendants' Motion for Reconsideration

2012 WL 12882704

June 19, 2012

June 19, 2012

Order/Opinion
142

2:11-cv-04846

Judgment

Valenti v. Shinseki

Aug. 29, 2013

Aug. 29, 2013

Order/Opinion
141

2:11-cv-04846

Order Denying Plaintiff's Motion for Summary Judgment and Granting in Part Defendant's Motion for Summary Judgment

Valenti et al v. Shinseki

2013 WL 12121981

Aug. 29, 2013

Aug. 29, 2013

Order/Opinion
164

2:11-cv-04846

Civil Minutes- Order Granting in Part and Denying in Part Defendant's Motion (1) for Leave to Intervene and (2) to Vacate the Judgment

Valenti v. Shinseki

Oct. 21, 2013

Oct. 21, 2013

Order/Opinion

2:11-cv-04846

0:13-56887

0:13-56880

0:13-56842

0:13-56836

Principles for a Partnership and Framework for Settlement By and Between the U.S. Department of Veterans Affairs and Representatives of the Plaintiffs - Valentini v. McDonald

Valentini v. McDonald

Jan. 28, 2015

Jan. 28, 2015

Settlement Agreement

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4147184/gregory-valentini-v-eric-shinseki/

Last updated May 31, 2022, 3:18 a.m.

ECF Number Description Date Link Date / Link

Summons Issued

June 8, 2011

June 8, 2011

PACER
1

CLASS ACTION COMPLAINT against Defendants Donna M Beiter, Eric Shinseki. Case assigned to Judge S. James Otero for all further proceedings. Discovery referred to Magistrate Judge Michael R Wilner. (Filing fee $ 350 PAID.), filed by Plaintiffs Chris Romine, Adrian Mararu, Gregory Valentini, Vietnam Veterans of America, Carolina Winston Barrie, Jane Doe.(et) (Additional attachment(s) added on 6/10/2011: # 1 Notice of Assignment, # 2 Summons, # 3 Civil Cover Sheet) (ds). (Entered: 06/08/2011)

1 Notice of Assignment

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2 Summons

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3 Civil Cover Sheet

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June 8, 2011

June 8, 2011

RECAP
2

NOTICE of Interested Parties filed by Plaintiffs Carolina Winston Barrie, Jane Doe, Adrian Mararu, Chris Romine, Gregory Valentini, Vietnam Veterans of America. (et) (ds). (Entered: 06/08/2011)

June 8, 2011

June 8, 2011

PACER
3

NOTICE of Related Case(s) filed by Plaintiffs Carolina Winston Barrie, Jane Doe, Adrian Mararu, Chris Romine, Gregory Valentini, Vietnam Veterans of America. Related Case(s): NO RELATED ACTION. (et) (ds). (Entered: 06/08/2011)

June 8, 2011

June 8, 2011

PACER
4

DECLARATION of DAVID B. SAPP in Compliance with Local Rule 7-19.1 filed by Plaintiffs Carolina Winston Barrie, Jane Doe, Adrian Mararu, Chris Romine, Gregory Valentini, Vietnam Veterans of America. (et) (ds). (Entered: 06/08/2011)

June 8, 2011

June 8, 2011

PACER
5

PLAINTIFFS NOTICE OF EXPARTE APPLICATION and APPLICATION to file Under Seal; declaration in support of plaintiffs ex parte applice to file under seal filed by Plaintiffs Carolina Winston Barrie, Jane Doe, Adrian Mararu, Chris Romine, Gregory Valentini, Vietnam Veterans of America. Lodged Exparte and Order.(et) (Entered: 06/08/2011)

June 8, 2011

June 8, 2011

PACER
6

NOTICE OF FILING FEE DUE on Pro Hac Vice Application mailed to Jonathan Massey for Plaintiffs Carolina Winston Barrie, Jane Doe, Adrian Mararu, Chris Romine, Gregory Valentini, Vietnam Veterans of America. Your Pro Hac Vice application has not been received by the court. Please return your completed Application of Non-Resident Attorney to Appear in a Specific Case, form G-64, or a copy of the Notice of Electronic Filing of your application and the $275.00 fee and this notice immediately. Out-of-state federal government attorneys who are not employed by the U.S. Department of Justice are required to file a Pro Hac Vice application; no filing fee is required. (et) (Entered: 06/08/2011)

June 8, 2011

June 8, 2011

PACER
7

NOTICE OF FILING FEE DUE on Pro Hac Vice Application mailed to Leonard Gail for Plaintiffs Carolina Winston Barrie, Jane Doe, Chris Romine, Gregory Valentini, Vietnam Veterans of America. Your Pro Hac Vice application has not been received by the court. Please return your completed Application of Non-Resident Attorney to Appear in a Specific Case, form G-64, or a copy of the Notice of Electronic Filing of your application and the $275.00 fee and this notice immediately. Out-of-state federal government attorneys who are not employed by the U.S. Department of Justice are required to file a Pro Hac Vice application; no filing fee is required. (et) (Entered: 06/08/2011)

June 8, 2011

June 8, 2011

PACER
8

INITIAL STANDING ORDER FOR CASES ASSIGNED TO Judge S. James Otero. Read This Order Carefully. It Controls This Case and Differs in Some Respects From the Local Rules. (See Order for Details). (sch) (Entered: 06/09/2011)

June 9, 2011

June 9, 2011

PACER
9

INITIAL STANDING ORDER FOR CASES ASSIGNED TO JUDGE S. JAMES OTERO by Judge S. James Otero (lc) (Entered: 06/09/2011)

June 9, 2011

June 9, 2011

PACER
10

SEALED DOCUMENT- Plaintiffs' Notice of EX PARTE APPLICATION and Exparte Application to Proceed Under a Fictitious Name; Declarations in Support of plaintiffs' Exparte Application to Proceed Under a Fictitious Name. (mat) (Entered: 06/13/2011)

June 9, 2011

June 9, 2011

PACER
11

SEALED DOCUMENT- Order Granting Plaintiffs' Exparte Application to Proceed Under a Fictitious Name. (mat) (Entered: 06/13/2011)

June 9, 2011

June 9, 2011

PACER
12

NOTICE OF LODGING filed re Complaint - (Discovery), Complaint - (Discovery) 1 (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Ulin, John) (Entered: 06/14/2011)

1 Exhibit A

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2 Exhibit B

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June 14, 2011

June 14, 2011

PACER
13

APPLICATION for attorney Jonathan S. Massey to Appear Pro Hac Vice(PHV Fee of $275 receipt number 0973-8829609 paid.) filed by plaintiffs Carolina Winston Barrie, Jane Doe, Adrian Mararu, Chris Romine, Gregory Valentini, Vietnam Veterans of America. (Attachments: # 1 Proposed Order on Application of Non-Resident Attorney to Appear in a Specific Case)(Rosenbaum, Mark) (Entered: 06/21/2011)

1 Proposed Order on Application of Non-Resident Attorney to Appear in a Specific C

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June 21, 2011

June 21, 2011

PACER
14

PROOF OF SERVICE Executed by Plaintiff Chris Romine, Adrian Mararu, Gregory Valentini, Vietnam Veterans of America, Carolina Winston Barrie, Jane Doe, upon Defendant Eric Shinseki served on 6/8/2011, answer due 8/7/2011. Service of the Summons and Complaint were executed upon the United States Attorneys Office by delivering a copy to Pat Myles. Executed upon the Attorney Generals Office of the United States by delivering a copy to Attorney General Eric H. Holder, Jr.. Executed upon the officer agency or corporation by delivering a copy to Eric Ken Shinseki. Service was executed in compliance with Federal Rules of Civil Procedure. Due diligence declaration NOT attached. Registered or certified mail return receipt attached. Original Summons NOT returned. (Attachments: # 1 Exhibit Exhibits A-C (Proofs of Service))(Ulin, John) (Entered: 06/23/2011)

1 Exhibit Exhibits A-C (Proofs of Service)

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June 23, 2011

June 23, 2011

PACER
15

PROOF OF SERVICE Executed by Plaintiff Chris Romine, Adrian Mararu, Gregory Valentini, Vietnam Veterans of America, Carolina Winston Barrie, Jane Doe, upon Defendant Donna M Beiter served on 6/8/2011, answer due 8/7/2011. Service of the Summons and Complaint were executed upon the United States Attorneys Office by delivering a copy to Pat Myles. Executed upon the Attorney Generals Office of the United States by delivering a copy to Attorney General Eric H. Holder, Jr.. Executed upon the officer agency or corporation by delivering a copy to Donna M. Beiter. Service was executed in compliance with Federal Rules of Civil Procedure. Due diligence declaration NOT attached. Registered or certified mail return receipt attached. Original Summons NOT returned. (Attachments: # 1 Exhibit Exhibits A-C (Proofs of Service))(Ulin, John) (Entered: 06/23/2011)

1 Exhibit Exhibits A-C (Proofs of Service)

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June 23, 2011

June 23, 2011

PACER
16

MINUTE ORDER (IN CHAMBERS) by Judge S. James Otero. The Court sets a Status Conference on August 29, 2011 at 8:30 a.m. (sch) (Entered: 06/24/2011)

June 24, 2011

June 24, 2011

PACER
17

APPLICATION for attorney Leonard Gail to Appear Pro Hac Vice(PHV Fee of $275 receipt number 0973-8964473 paid.) filed by Plaintiffs Carolina Winston Barrie, Jane Doe, Adrian Mararu, Chris Romine, Gregory Valentini, Vietnam Veterans of America. (Attachments: # 1 Exhibit Good Standing Certificate, # 2 Proposed Order on Application of Non-Resident Attorney to Appear)(Rosenbaum, Mark) (Entered: 07/20/2011)

1 Exhibit Good Standing Certificate

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2 Proposed Order on Application of Non-Resident Attorney to Appear

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July 20, 2011

July 20, 2011

PACER
18

ORDER by Judge S. James Otero: Application to Appear Pro Hac Vice by Attorney Leonard Gail on behalf of Plaintiffs Gregory Valentini, et al, designating Mark Rosenbaum as local counsel 17 GRANTED. (ir) (Entered: 07/21/2011)

July 20, 2011

July 20, 2011

PACER
19

Joint STIPULATION for Extension of Time to File Answer to October 7, 2011 filed by Plaintiffs Carolina Winston Barrie, Jane Doe, Adrian Mararu, Chris Romine, Gregory Valentini, Vietnam Veterans of America. (Attachments: # 1 Proposed Order)(Ulin, John) (Entered: 08/05/2011)

1 Proposed Order

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Aug. 5, 2011

Aug. 5, 2011

PACER
20

NOTICE of Appearance filed by attorney Elisabeth Layton on behalf of Defendants Donna M Beiter, Eric Shinseki (Layton, Elisabeth) (Entered: 08/08/2011)

Aug. 8, 2011

Aug. 8, 2011

PACER
21

EX PARTE APPLICATION to Continue Status Conference from August 29, 2011 to September 1, 7, 8, 9, or 12, 2011 Re: Minutes of In Chambers Order/Directive - no proceeding held, Set/Reset Hearing 16 filed by Defendants Eric Shinseki. (Attachments: # 1 Proposed Order)(Layton, Elisabeth) (Entered: 08/08/2011)

1 Proposed Order

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Aug. 8, 2011

Aug. 8, 2011

PACER
22

ORDER CONTINUING STATUS CONFERENCE by Judge S. James Otero. Having considered Defendants Ex Parte Application to Continue 21, and for good cause shown, that the Status Conference set for 8/29/2011 at 8:30 AM., shall be continued to 9/8/2011 at 8:00 AM. (jp) (Entered: 08/09/2011)

Aug. 9, 2011

Aug. 9, 2011

PACER
23

ORDER by Judge S. James Otero, re Stipulation to Vacate 19, and for good cause shown, that (1) The Monday, 8/8/2011 deadline for Defendants to answer or otherwise respond to the Complaint is VACATED: (2) Defendants shall answer or otherwise respond to the Amended Complaint on or before Friday, 10/7/2011; (3) The current 9/6/2011 deadline for the filing of Plaintiffs' class certification motion is VACATED; and (4) The parties shall confer and endeavor to agree on a new, mutually satisfactory deadline for the filing of Plaintiffs' class certification motion. The Proposed date will be discussed at the 9/8/2011 conference. (jp) (Entered: 08/10/2011)

Aug. 9, 2011

Aug. 9, 2011

PACER
24

FIRST AMENDED CLASS ACTION COMPLAINT against defendants Donna M Beiter, Eric Shinseki; Party Carolina Winston Barrie and Chris Romine terminated amending Complaint - (Discovery)) 1,filed by plaintiffs Gregory Valentini, Vietnam Veterans of America, Jane Doe, Adrian Mararu, Leroy Smith, Jr, Leslie Richardson, Wayne Early, Willie Floyd, Adrian Moraru, Demetrious Kassitas, Zachary Isaac, Lawrence Green (lc) (Entered: 08/15/2011)

Aug. 12, 2011

Aug. 12, 2011

RECAP
25

NOTICE of Change of Attorney Information for attorney John Michael Rappaport counsel for Plaintiffs Carolina Winston Barrie, Jane Doe, Wayne Early, Willie Floyd, Lawrence Green, Zachary Isaac, Demetrious Kassitas, Adrian Mararu, Adrian Moraru, Leslie Richardson, Chris Romine, Leroy Smith, Jr, Gregory Valentini, Vietnam Veterans of America. Adding John M. Rappaport as attorney as counsel of record for Gregory Valentini, Carolina Winston Barrie, Jane Doe, Wayne, Early, Willie Floyd, Lawrence Green, Zachary Isaac, Demetrious Kassitas, Adrian Moraru, Leslie Richardson, Chris Romine, Leroy Smith, Jr., Vietnam Veterans of America for the reason indicated in the G-06 Notice. Filed by Plaintiffs Gregory Valentini, Carolina Winston Barrie, Jane Doe, Wayne, Early, Willie Floyd, Lawrence Green, Zachary Isaac, Demetrious Kassitas, Adrian Moraru, Leslie Richardson, Chris Romine, Leroy Smith, Jr., Vietnam Veterans of America (Rappaport, John) (Entered: 08/17/2011)

Aug. 17, 2011

Aug. 17, 2011

PACER
26

Plaintiffs' Status Conference Statement filed by Plaintiffs Carolina Winston Barrie, Jane Doe, Wayne Early, Willie Floyd, Lawrence Green, Zachary Isaac, Demetrious Kassitas, Adrian Mararu, Adrian Moraru, Leslie Richardson, Chris Romine, Leroy Smith, Jr, Gregory Valentini, Vietnam Veterans of America (Ulin, John) (Entered: 09/07/2011)

Sept. 7, 2011

Sept. 7, 2011

PACER
27

NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Miscellaneous Document, 26 . The following error(s) was found: Incorrect event selected. The correct event is: status report. In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. You need not take any action in response to this notice unless and until the court directs you to do so. (lc) (Entered: 09/08/2011)

Sept. 8, 2011

Sept. 8, 2011

PACER
29

MINUTES OF Status Conference held before Judge S. James Otero:The Court has reviewed the status report. The Court indicates that there are three primary claims, a discrimination claim, misuse of the West Los Angeles campus, and a failure to comply with the administrative procedures act in connection with the land agreements. The Court and confer regarding whether an appointment of guardian is required for plaintiffs and regarding unnamed land-use third parties that may have an interest in this litigation. Court and counsel confer regarding settlement of this action. The Court appoints Gail Killefer assettlement officer in this proceeding. Department of Justice (DOJ) counsel advises the Court that there is no named decision-maker at this early stage of the proceedings. Counsel are Ordered to follow directives of Ms. Killefer in terms of a meeting date and what needs to be accomplished going forward in the settlement process. The Court is advised that defendants will file a motion to dismiss rather than an answer to the complaint. Court and counsel confer regarding jurisdictional issues, and whether sovereign immunity has been waived and the ability to grant relief. Plaintiff advises the Court that the reliefthey are seeking involves permanent and supportive housing as a vehicle to assure that severely disabled veterans who are eligible for Veteran Administrative services get the services that they are entitled.Court and counsel confer whether there are two separate law suits.The Court and counsel confer re commencement of discovery. The Court Denies the plaintiffsmotion for expedited discovery. The Court appoints John Ulin as lead counsel for plaintiffs, and Elisabeth Layton as lead counsel for defendants.The Court sets a Status Conference/ Motion to Dismiss hearing date on Monday, November 14, 2011 10:00 a.m; Opposition shall be filed by Friday, October 21, 2011; Reply shall be due by Tuesday, October 25, 2011. Motion shall be filed by Friday, October 7, 2011.Court Recorder: CS: 9/8/11. (lc) (Entered: 09/16/2011)

Sept. 8, 2011

Sept. 8, 2011

PACER
28

NOTICE OF ASSIGNMENT of Attorney Settlement Officer. Gail Killefer has been assigned to serve as Attorney Settlement Officer. (mb) (Entered: 09/09/2011)

Sept. 9, 2011

Sept. 9, 2011

PACER
30

TRANSCRIPT for proceedings held on 09/08/11 9:10am. Court Reporter/Electronic Court Recorder: Exceptional Reporting Services, Inc., phone number (361)949-2988. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Electronic Court Recorder before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 10/28/2011. Redacted Transcript Deadline set for 11/7/2011. Release of Transcript Restriction set for 1/5/2012. (ml) (Entered: 10/07/2011)

Oct. 7, 2011

Oct. 7, 2011

PACER
31

NOTICE OF FILING TRANSCRIPT filed for proceedings 09/08/11 9:10am (ml) (Entered: 10/07/2011)

Oct. 7, 2011

Oct. 7, 2011

PACER
32

NOTICE OF MOTION AND MOTION to Dismiss Case filed by Defendants Donna M Beiter, Eric Shinseki. Motion set for hearing on 11/14/2011 at 10:00 AM before Judge S. James Otero. (Attachments: # 1 Declaration Declaration of Elisabeth Layton and Exhibits 1 - 4, # 2 Proposed Order)(Layton, Elisabeth) (Entered: 10/07/2011)

1 Declaration Declaration of Elisabeth Layton and Exhibits 1 - 4

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2 Proposed Order

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Oct. 7, 2011

Oct. 7, 2011

PACER
33

APPLICATION for attorney Erin Galbally to Appear Pro Hac Vice. (PHV FEE PAID.) filed by movant Metabolic, Studio LLC. (Attachments: # 1 proposed order)(lc) (Entered: 10/21/2011)

1 proposed order

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Oct. 19, 2011

Oct. 19, 2011

PACER
34

APPLICATION for attorney Richard L Fox to Appear Pro Hac Vice. (PHV FEE PAID.) filed by movant Metabolic, Studio LLC. (Attachments: # 1 proposed order)(lc) (Entered: 10/21/2011)

1 proposed order

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Oct. 19, 2011

Oct. 19, 2011

PACER
36

ORDER by Judge S. James Otero: granting 33 Application to Appear Pro Hac Vice by Attorney Erin Galbally on behalf of Movant Metabolic Studio LLC, designating Mark A. Neubauer as local counsel. (lt) (Entered: 10/21/2011)

Oct. 20, 2011

Oct. 20, 2011

PACER
37

ORDER by Judge S. James Otero: granting 34 Application to Appear Pro Hac Vice by Attorney Richard L. Fox on behalf of Movant Metabolic Studio LLC, designating Mark A. Neubauer as local counsel. (lt) (Entered: 10/21/2011)

Oct. 20, 2011

Oct. 20, 2011

PACER
35

MEMORANDUM in Opposition to MOTION to Dismiss Case 32 filed by Plaintiffs Carolina Winston Barrie, Jane Doe, Wayne Early, Willie Floyd, Lawrence Green, Zachary Isaac, Demetrious Kassitas, Adrian Mararu, Adrian Moraru, Leslie Richardson, Chris Romine, Leroy Smith, Jr, Gregory Valentini, Vietnam Veterans of America. (Ulin, John) (Entered: 10/21/2011)

Oct. 21, 2011

Oct. 21, 2011

PACER
38

STIPULATION for Leave to file amicus curiae brief in opposition to defendants motion to dismiss filed by movant Metabolic, Studio LLC. (Attachments: # 1 order)(lc) (Entered: 10/21/2011)

1 order

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Oct. 21, 2011

Oct. 21, 2011

PACER
41

EX PARTE APPLICATION for Leave to participate as amicus curiae and declaration of Joseph Lawrence filed by movant Santa Monica City of. Lodged order.(lc) (Entered: 10/25/2011)

Oct. 21, 2011

Oct. 21, 2011

PACER
44

AMICUS CURIAE BRIEF In opposition to motion to dismiss filed filed by Amicus Metabolic, Studio LLC. (Deemed filed as of 10/21/11 Per Order 42 . (lc) (Entered: 10/27/2011)

Oct. 21, 2011

Oct. 21, 2011

PACER
39

NOTICE of Appearance filed by attorney Jennie L Kneedler on behalf of Defendants Donna M Beiter, Eric Shinseki (Kneedler, Jennie) (Entered: 10/25/2011)

Oct. 25, 2011

Oct. 25, 2011

PACER
40

REPLY in support of MOTION to Dismiss Case 32 filed by Defendants Donna M Beiter, Eric Shinseki. (Kneedler, Jennie) (Entered: 10/25/2011)

Oct. 25, 2011

Oct. 25, 2011

PACER
42

ORDER by Judge S. James Otero, re Stipulation 38 that Metabolic Studios Amicus Curiae Brief in opposition to defendants motion to dismiss attached to the stipulation between the parties is hereby deemed filed as of 10/21/11; defendants may file a separate response to that amicus brif at the same time as their current reply which is due on 10/28/11. (lc) (Entered: 10/26/2011)

Oct. 25, 2011

Oct. 25, 2011

PACER
43

MINUTE ORDER IN CHAMBERS by Judge S. James Otero:ORDER REQUIRING ADDITIONAL BRIEFING REGARDING MOTION TO DISMISS. On October 7, 2011, Defendants filed a Motion for Dismissal. (Docket No. 32.) Plaintiffs filed anOpposition on October 21, 2011 (Docket No. 35), and Defendants filed a Reply on October 25, 2011 (Docket No. 40). The Court is also in receipt of amicus curiae briefs filed by the City of Santa Monica and Metabolic Studio, LLC.The Court has determined that it would benefit from additional briefing pertaining specifically to the arguments about the creation of a charitable trust. Accordingly, the Court hereby permits the parties to file an additional brief of no more than 10 pages constrained to the following topics:(see document for list).Plaintiffs' and Defendants' briefs on these issues, should they choose to submit them, will be due on November 7, 2011. If the opposing side has filed a brief pursuant to this Order, the adverseparty shall then have an opportunity to file a 5-page response. This response will be dueNovember 14, 2011. The Court also requires Defendants to submit to the Court:(1) a copy of "Section 224" referenced in line 4 of page 5 of Defendants' Memorandum of Points and Authorities in Support of the Motion for Dismissal; and(2) a copy of the "VA GLA Master Plan" referenced on page 6 of Defendants' Memorandum of Points and Authorities in Support of the Motion for Dismissal.The Status Conference/Motion to Dismiss 32 Hearing date of November 14, 2011 at 10:00 a.m. is hereby vacated and moved to December 5, 2011 at 1:30 p.m. (lc) (Entered: 10/27/2011)

Oct. 27, 2011

Oct. 27, 2011

RECAP
45

ORDER by Judge S. James Otero: granting 13 Application to Appear Pro Hac Vice by Attorney Jonathan Massey on behalf of Plaintiffs, designating Mark D. Rosenbaum as local counsel. (lt) (Entered: 11/01/2011)

Nov. 1, 2011

Nov. 1, 2011

PACER
46

SUPPLEMENT to MOTION to Dismiss Case 32 [Supplemental Brief in Opposition] filed by Plaintiffs Carolina Winston Barrie, Jane Doe, Wayne Early, Willie Floyd, Lawrence Green, Zachary Isaac, Demetrious Kassitas, Adrian Mararu, Adrian Moraru, Leslie Richardson, Chris Romine, Leroy Smith, Jr, Gregory Valentini, Vietnam Veterans of America. (Ulin, John) (Entered: 11/07/2011)

Nov. 7, 2011

Nov. 7, 2011

PACER
47

APPENDIX filed by Plaintiffs Carolina Winston Barrie, Jane Doe, Wayne Early, Willie Floyd, Lawrence Green, Zachary Isaac, Demetrious Kassitas, Adrian Mararu, Adrian Moraru, Leslie Richardson, Chris Romine, Leroy Smith, Jr, Gregory Valentini, Vietnam Veterans of America. Re: Supplement(Motion related), Supplement(Motion related) 46 (Ulin, John) (Entered: 11/07/2011)

Nov. 7, 2011

Nov. 7, 2011

PACER
48

NOTICE of Filing filed by Defendants Donna M Beiter, Eric Shinseki. (Attachments: # 1 Declaration of Elisabeth Layton, # 2 Exhibit A, # 3 Exhibit B)(Layton, Elisabeth) (Entered: 11/07/2011)

1 Declaration of Elisabeth Layton

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2 Exhibit A

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3 Exhibit B

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Nov. 7, 2011

Nov. 7, 2011

PACER
49

SUPPLEMENT to MOTION to Dismiss Case 32 Defendants' Supplemental Memorandum in Support of Their Motion to Dismiss filed by Defendants Donna M Beiter, Eric Shinseki. (McKeever, Kristen) (Entered: 11/07/2011)

Nov. 7, 2011

Nov. 7, 2011

PACER
50

RESPONSE filed by Plaintiffs Jane Doe, Wayne Early, Willie Floyd, Lawrence Green, Zachary Isaac, Demetrious Kassitas, Adrian Mararu, Adrian Moraru, Leslie Richardson, Chris Romine, Leroy Smith, Jr, Gregory Valentini, Vietnam Veterans of Americato Supplement(Motion related) 49 (Ulin, John) (Entered: 11/14/2011)

Nov. 14, 2011

Nov. 14, 2011

PACER
51

APPENDIX filed by Plaintiffs Jane Doe, Wayne Early, Willie Floyd, Lawrence Green, Zachary Isaac, Demetrious Kassitas, Adrian Mararu, Adrian Moraru, Leslie Richardson, Chris Romine, Leroy Smith, Jr, Gregory Valentini, Vietnam Veterans of America. Re: Response (non-motion), Response (non-motion) 50 (Supplemental Appendix of Additional Authorities) (Ulin, John) (Entered: 11/14/2011)

Nov. 14, 2011

Nov. 14, 2011

PACER
52

SUPPLEMENT to MOTION to Dismiss Case 32 Defendants' Reply to Plaintiffs' Supplemental Brief in Opposition to Defendants' Motion to Dismiss filed by Defendants Donna M Beiter, Eric Shinseki. (McKeever, Kristen) (Entered: 11/14/2011)

Nov. 14, 2011

Nov. 14, 2011

PACER
53

NOTICE of Decision: Notice of Ninth Circuit Decision filed by Defendants Eric Shinseki. (Attachments: # 1 Exhibit)(Layton, Elisabeth) (Entered: 11/17/2011)

1 Exhibit

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Nov. 17, 2011

Nov. 17, 2011

PACER
54

REQUEST to Supplement Briefing filed by Plaintiffs Jane Doe, Wayne Early, Willie Floyd, Lawrence Green, Zachary Isaac, Demetrious Kassitas, Adrian Mararu, Adrian Moraru, Leslie Richardson, Chris Romine, Leroy Smith, Jr, Gregory Valentini, Vietnam Veterans of America. (Ulin, John) (Entered: 11/17/2011)

Nov. 17, 2011

Nov. 17, 2011

PACER
55

NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: REQUEST to Supplement Briefing 54 . The following error(s) was found: Incorrect document is attached to the docket entry.Incorrect event selected.Proposed Document was not submitted as a separate attachment. Title page is missing. No formal request attached, no formal proposed order submitted with the request. PDF is not a request, but a Letter to the Judge. Local Rule 83.2.11 no communication to the Judge is permitted. In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. You need not take any action in response to this notice unless and until the court directs you to do so. (lc) Modified on 11/18/2011 (lc). (Entered: 11/18/2011)

Nov. 18, 2011

Nov. 18, 2011

PACER
56

MINUTES (IN CHAMBERS) by Judge S. James Otero: ORDER PERMITTING ADDITIONAL BRIEFING REGARDING MOTION TO DISMISS The Ninth Circuit has withdrawn its opinion Veterans for Common Sense v. Shinseki, 644 F.3d 845 (9th Cir. 2011) and decided to rehear the appeal en banc. Both Plaintiffs and Defendants cited Veterans for Common Sense in their briefs regarding jurisdiction for the Rehabilitation Act claims. In light of the Ninth Circuit's withdrawal of the opinion, the Court will permit, but not require, additional briefing to address the jurisdictional question for the Rehabilitation Act claims.If they wish, Plaintiffs may file a brief not to exceed five pages on or before Wednesday, November 23, 2011. If Plaintiffs choose to file a brief, Defendants will be permitted but not required to file a brief not to exceed five pages on or before Thursday, December 1, 2011. Both briefs shall be limited to the Court's jurisdiction to hear the Rehabilitation Act claims. (lc) (Entered: 11/18/2011)

Nov. 18, 2011

Nov. 18, 2011

PACER
57

SUPPLEMENT to MOTION to Dismiss Case 32 [Supplemental Brief in Opposition to Defendants' Motion for Dismissal] filed by Plaintiffs Jane Doe, Wayne Early, Willie Floyd, Lawrence Green, Zachary Isaac, Demetrious Kassitas, Adrian Mararu, Adrian Moraru, Leslie Richardson, Chris Romine, Leroy Smith, Jr, Gregory Valentini, Vietnam Veterans of America. (Ulin, John) (Entered: 11/23/2011)

Nov. 23, 2011

Nov. 23, 2011

PACER
58

MINUTES (IN CHAMBERS): ORDER by Judge S. James Otero. On the Court's own motion, the Court takes the MOTION to Dismiss Case filed by Defendants Donna M Beiter, Eric Shinseki 32, set for hearing December 5, 2011, under submission. Additionally, the Status Conference also set for hearing on December 5, 2011, is taken off the Court's calendar to be rescheduled at a later date. (sch) (Entered: 11/28/2011)

Nov. 28, 2011

Nov. 28, 2011

PACER
59

RESPONSE IN SUPPORT of MOTION to Dismiss Case 32 and in response to Plaintiffs' Supplemental Brief filed by Defendants Donna M Beiter, Eric Shinseki. (Bloom, Karen) (Entered: 12/01/2011)

Dec. 1, 2011

Dec. 1, 2011

PACER
60

NOTICE of Appearance filed by attorney Karen S Bloom on behalf of Defendants Donna M Beiter, Eric Shinseki (Bloom, Karen) (Entered: 12/02/2011)

Dec. 2, 2011

Dec. 2, 2011

PACER
61

ATTORNEY SETTLEMENT OFFICER PROCEEDING REPORT Filed by Attorney Settlement Officer Gail Killefer: Settlement Proceedings were held on October 26, 2011. The proceeding was continued with the consent of all parties and counsel. The rescheduled proceeding will be held on a date certain not later than the time requirements set forth in Local Rule 16-15.2. Any continuance beyond that time must be approved by the trial judge. Attorney Settlement Officer Proceeding Reports will be filed after additional proceedings are complete. Discussions are on going. The parties are unable to reach agreement at this time. (mb) (Entered: 12/13/2011)

Dec. 13, 2011

Dec. 13, 2011

PACER
62

NOTICE OF MOTION AND MOTION for Discovery regarding to Open Discovery and Set a Rule 16 Scheduling Conference filed by Plaintiffs Carolina Winston Barrie, Jane Doe, Wayne Early, Willie Floyd, Lawrence Green, Zachary Isaac, Demetrious Kassitas, Adrian Mararu, Adrian Moraru, Leslie Richardson, Chris Romine, Leroy Smith, Jr, Gregory Valentini, Vietnam Veterans of America. Motion set for hearing on 4/16/2012 at 10:00 AM before Judge S. James Otero. (Attachments: # 1 Proposed Order)(Ulin, John) (Entered: 03/14/2012)

1 Proposed Order

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March 14, 2012

March 14, 2012

PACER
63

DECLARATION of David Sapp in support of MOTION for Discovery regarding to Open Discovery and Set a Rule 16 Scheduling Conference 62 filed by Plaintiffs Carolina Winston Barrie, Jane Doe, Wayne Early, Willie Floyd, Lawrence Green, Zachary Isaac, Demetrious Kassitas, Adrian Mararu, Adrian Moraru, Leslie Richardson, Chris Romine, Leroy Smith, Jr, Gregory Valentini, Vietnam Veterans of America. (Ulin, John) (Entered: 03/14/2012)

March 14, 2012

March 14, 2012

PACER
64

DECLARATION of Floyd Summers in support of MOTION for Discovery regarding to Open Discovery and Set a Rule 16 Scheduling Conference 62 filed by Plaintiffs Carolina Winston Barrie, Jane Doe, Wayne Early, Willie Floyd, Lawrence Green, Zachary Isaac, Demetrious Kassitas, Adrian Mararu, Adrian Moraru, Leslie Richardson, Chris Romine, Leroy Smith, Jr, Gregory Valentini, Vietnam Veterans of America. (Ulin, John) (Entered: 03/14/2012)

March 14, 2012

March 14, 2012

PACER
65

DECLARATION of Gregory Valentini in support of MOTION for Discovery regarding to Open Discovery and Set a Rule 16 Scheduling Conference 62 filed by Plaintiffs Carolina Winston Barrie, Jane Doe, Wayne Early, Willie Floyd, Lawrence Green, Zachary Isaac, Demetrious Kassitas, Adrian Mararu, Adrian Moraru, Leslie Richardson, Chris Romine, Leroy Smith, Jr, Gregory Valentini, Vietnam Veterans of America. (Ulin, John) (Entered: 03/14/2012)

March 14, 2012

March 14, 2012

PACER
66

DECLARATION of Leslie Richardson in support of MOTION for Discovery regarding to Open Discovery and Set a Rule 16 Scheduling Conference 62 filed by Plaintiffs Carolina Winston Barrie, Jane Doe, Wayne Early, Willie Floyd, Lawrence Green, Zachary Isaac, Demetrious Kassitas, Adrian Mararu, Adrian Moraru, Leslie Richardson, Chris Romine, Leroy Smith, Jr, Gregory Valentini, Vietnam Veterans of America. (Ulin, John) (Entered: 03/14/2012)

March 14, 2012

March 14, 2012

PACER
67

DECLARATION of Philip F. Mangano in support of MOTION for Discovery regarding to Open Discovery and Set a Rule 16 Scheduling Conference 62 filed by Plaintiffs Carolina Winston Barrie, Jane Doe, Wayne Early, Willie Floyd, Lawrence Green, Zachary Isaac, Demetrious Kassitas, Adrian Mararu, Adrian Moraru, Leslie Richardson, Chris Romine, Leroy Smith, Jr, Gregory Valentini, Vietnam Veterans of America. (Ulin, John) (Entered: 03/14/2012)

March 14, 2012

March 14, 2012

PACER
68

NOTICE OF ERRATA filed by Plaintiffs Carolina Winston Barrie, Jane Doe, Wayne Early, Willie Floyd, Lawrence Green, Zachary Isaac, Demetrious Kassitas, Adrian Mararu, Adrian Moraru, Leslie Richardson, Chris Romine, Leroy Smith, Jr, Gregory Valentini, Vietnam Veterans of America. correcting Declaration (Motion related), Declaration (Motion related) 67 (Declaration of Philip F. Mangano) (Ulin, John) (Entered: 03/14/2012)

March 14, 2012

March 14, 2012

PACER
69

NOTICE OF ERRATA filed by Plaintiffs Carolina Winston Barrie, Jane Doe, Wayne Early, Willie Floyd, Lawrence Green, Zachary Isaac, Demetrious Kassitas, Adrian Mararu, Adrian Moraru, Leslie Richardson, Chris Romine, Leroy Smith, Jr, Gregory Valentini, Vietnam Veterans of America. correcting Declaration (Motion related), Declaration (Motion related) 64 (Declaration of Floyd Summers) (Finsten, James) (Entered: 03/16/2012)

March 16, 2012

March 16, 2012

PACER
70

MINUTES (IN CHAMBERS) by Judge S. James Otero: ORDER granting in part and denying in part 32 defendants Eric Shinseki and Donna M. Beiter's Motion to Dismiss. (1) To the extent Claim One rests on the theory that there is a policy, rule, or regulation that on its face bars veterans with severe mental illness or who take psychotropic medication from obtaining an existing benefit offered by the VA GLA, the Claim is DISMISSED WITH LEAVE TO AMEND; to the extent Claim One rests on the theory that the Government fails to provide permanent supportive housing, the Claim is DISMISSED WITHOUT LEAVE TO AMEND;(2) The Motion is DENIED with respect to Claim Two; (3) Claims Three, Four, and Five are DISMISSED WITHOUT LEAVE TO AMEND; (4) The Motion is DENIED with respect to Claim Six. (lc) (Entered: 03/16/2012)

March 16, 2012

March 16, 2012

RECAP
71

Notice of Withdrawal of Motion for Discovery, 62 filed by plaintiffs Carolina Winston Barrie, Jane Doe, Wayne Early, Willie Floyd, Lawrence Green, Zachary Isaac, Demetrious Kassitas, Adrian Mararu, Adrian Moraru, Leslie Richardson, Chris Romine, Leroy Smith, Jr, Gregory Valentini. (Attachments: # 1 Proposed Order)(Ulin, John) (Entered: 03/23/2012)

1 Proposed Order

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March 23, 2012

March 23, 2012

PACER
72

Joint STIPULATION for Extension of Time to File Answer re MOTION for Discovery regarding to Open Discovery and Set a Rule 16 Scheduling Conference 62 filed by plaintiff Carolina Winston Barrie, Jane Doe, Wayne Early, Willie Floyd, Lawrence Green, Zachary Isaac, Demetrious Kassitas, Adrian Mararu, Adrian Moraru, Leslie Richardson, Chris Romine, Leroy Smith, Jr, Gregory Valentini. (Attachments: # 1 Proposed Order)(Ulin, John) (Entered: 03/23/2012)

1 Proposed Order

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March 23, 2012

March 23, 2012

PACER
73

NOTICE of Appearance filed by attorney David Eric Shapland on behalf of Plaintiffs Carolina Winston Barrie, Jane Doe, Wayne Early, Willie Floyd, Lawrence Green, Zachary Isaac, Demetrious Kassitas, Adrian Mararu, Adrian Moraru, Leslie Richardson, Chris Romine, Leroy Smith, Jr, Gregory Valentini, Vietnam Veterans of America (Shapland, David) (Entered: 03/26/2012)

March 26, 2012

March 26, 2012

PACER
74

ORDER that Plaintiffs Motion to Open Discovery and Set a Rule 16 Scheduling Conference 62, which had been scheduled for hearing on April 16, 2012, is withdrawn, and the scheduled hearing is taken off calendar by Judge S. James Otero (lc) (Entered: 04/02/2012)

March 29, 2012

March 29, 2012

PACER
75

NOTICE of Appearance filed by attorney Karen P Seifert on behalf of Defendants Donna M Beiter, Eric Shinseki (Seifert, Karen) (Entered: 04/10/2012)

April 10, 2012

April 10, 2012

PACER
76

JOINT REPORT Rule 26(f) Discovery Plan and Conference of Parties ; estimated length of trial disputed, filed by Plaintiffs Carolina Winston Barrie, Jane Doe, Wayne Early, Willie Floyd, Lawrence Green, Zachary Isaac, Demetrious Kassitas, Adrian Mararu, Adrian Moraru, Leslie Richardson, Chris Romine, Leroy Smith, Jr, Gregory Valentini, Vietnam Veterans of America.. (Shapland, David) (Entered: 04/12/2012)

April 12, 2012

April 12, 2012

PACER
77

ANSWER to Amended Complaint, 24 filed by Defendants Donna M Beiter, Eric Shinseki.(Layton, Elisabeth) (Entered: 05/07/2012)

May 7, 2012

May 7, 2012

PACER
78

MINUTE ORDER (IN CHAMBERS) by Judge S. James Otero: Scheduling Conference set for 7/23/2012 at 08:30 AM; Rule 26 Meeting Report due by 7/16/2012; in order to assist counsel, court has included a schedule form for pretrial dates to be completed by counsel and submitted in conjunction with their rule 26(f0 report; if case is part of ADR program, counsel must confer and jointly complete ADR Pilot Program Questionnaire and to file it concurrently with the Joint Rule 26(f) report; plaintiff counsel directed to give notice of scheduling conference to all parties. (sch) (Entered: 05/08/2012)

May 8, 2012

May 8, 2012

PACER
79

EXPARTE APPLICATION for Extension of Time to File Respond to Discovery Requests filed by Defendants Donna M Beiter, Eric Shinseki. (Attachments: # 1 Proposed Order)(Bloom, Karen) (Entered: 05/14/2012)

1 Proposed Order

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May 14, 2012

May 14, 2012

PACER
80

OPPOSITION to EXPARTE APPLICATION for Extension of Time to File Respond to Discovery Requests 79 filed by Plaintiffs Carolina Winston Barrie, Jane Doe, Wayne Early, Willie Floyd, Lawrence Green, Zachary Isaac, Demetrious Kassitas, Adrian Mararu, Adrian Moraru, Leslie Richardson, Chris Romine, Leroy Smith, Jr, Gregory Valentini, Vietnam Veterans of America. (Ulin, John) (Entered: 05/15/2012)

May 15, 2012

May 15, 2012

PACER
81

DECLARATION of Eric Shapland in Opposition to EXPARTE APPLICATION for Extension of Time to File Respond to Discovery Requests 79 filed by Plaintiffs Carolina Winston Barrie, Jane Doe, Wayne Early, Willie Floyd, Lawrence Green, Zachary Isaac, Demetrious Kassitas, Adrian Mararu, Adrian Moraru, Leslie Richardson, Chris Romine, Leroy Smith, Jr, Gregory Valentini, Vietnam Veterans of America. (Attachments: # 1 Exhibit A)(Ulin, John) (Entered: 05/15/2012)

1 Exhibit A

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May 15, 2012

May 15, 2012

PACER
82

MINUTE ORDER (IN CHAMBERS): ORDER GRANTING EX PARTE APPLICATION FOR EXTENSION OF TIME TO RESPOND TO DISCOVERY REQUESTS 79 by Judge S. James Otero. The Court GRANTS Government's Ex Parte Application for Extension of Time to Respond to Discovery Requests. On May 28, 2012, the Government must either: (1) file a motion for reconsideration; or (2) serve its responses to Plaintiffs' outstanding discovery requests. If the Government chooses to file a motion for reconsideration on May 28, 2012, Plaintiffs' opposition will be due on June 4, 2012, and the Government's reply will be due on June 7, 2012. All future discovery disputes (e.g., motions or ex parte applications to compel, for a protective order, to stay discovery, to lift a stay on discovery, or to extend or shorten time to respond to discovery) shall be directed to the Magistrate Judge. See order for details. (cch) (Entered: 05/21/2012)

May 21, 2012

May 21, 2012

PACER
83

NOTICE OF MOTION AND MOTION for Reconsideration re Order on Motion to Dismiss Case,,, 70 & Suggestion of Lack of Jurisdiction filed by Defendants Donna M Beiter, Eric Shinseki. Motion set for hearing on 6/25/2012 at 10:00 AM before Judge S. James Otero. (Attachments: # 1 Declaration of Karen P. Seifert, # 2 Proposed Order)(Seifert, Karen) (Entered: 05/25/2012)

1 Declaration of Karen P. Seifert

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2 Proposed Order

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May 25, 2012

May 25, 2012

PACER
84

OPPOSITION to MOTION for Reconsideration re Order on Motion to Dismiss Case,,, 70 & Suggestion of Lack of Jurisdiction MOTION for Reconsideration re Order on Motion to Dismiss Case,,, 70 & Suggestion of Lack of Jurisdiction 83 filed by Plaintiffs Carolina Winston Barrie, Jane Doe, Wayne Early, Willie Floyd, Lawrence Green, Zachary Isaac, Demetrious Kassitas, Adrian Mararu, Adrian Moraru, Leslie Richardson, Chris Romine, Leroy Smith, Jr, Gregory Valentini, Vietnam Veterans of America. (Ulin, John) (Entered: 06/04/2012)

June 4, 2012

June 4, 2012

PACER
85

REPLY in Support of MOTION for Reconsideration re Order on Motion to Dismiss Case,,, 70 & Suggestion of Lack of Jurisdiction MOTION for Reconsideration re Order on Motion to Dismiss Case,,, 70 & Suggestion of Lack of Jurisdiction 83 filed by Defendants Donna M Beiter, Eric Shinseki. (Seifert, Karen) (Entered: 06/07/2012)

June 7, 2012

June 7, 2012

PACER
86

MINUTES (IN CHAMBERS): ORDER by Judge S. James Otero. The Court finds this matter suitable for disposition without oral argument and vacates the hearing re the MOTION for Reconsideration re Order on Motion to Dismiss Case,,, 70 & Suggestion of Lack of Jurisdiction filed by Defendants Donna M Beiter, Eric Shinseki. 83, set for June 25, 2012. See Fed. R. Civ. P. 78(b). (sch) (Entered: 06/14/2012)

June 13, 2012

June 13, 2012

PACER
87

MINUTES (IN CHAMBERS) by Judge S. James Otero: Court order granting in part and denying in part 83 Motion for Reconsideration. (1) The Court GRANTS the Motion with respect to the Rehabilitation Act claim and DISMISSES the claim without leave to amend; (2) The Court DENIES the Motion with respect to the Administrative Procedure Act claim. (lc) (Entered: 06/19/2012)

June 19, 2012

June 19, 2012

PACER
88

Joint REPORT of Conference of Parties filed by Defendant Eric Shinseki. (Layton, Elisabeth) (Entered: 07/16/2012)

July 16, 2012

July 16, 2012

PACER
89

NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Report 88 . The following error(s) was found: Incorrect event selected. The correct event is: Joint Rule 26(f) Discovery Plan. In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. You need not take any action in response to this notice unless and until the court directs you to do so. (lc) (Entered: 07/17/2012)

July 17, 2012

July 17, 2012

PACER
90

MINUTES OF Scheduling Conference held before Judge S. James Otero.The Court indicates that the remaining issue is the APA claim. The Court has reviewedthe joint status report. The Court orders that the administrative record shall be filed by Monday, October 22, 2012. A challenge to the record shall be filed by November 22, 2012. The Court sets the following schedule regarding cross-motions for summary judgment: Motions shall be filed by Friday, December 21, 2012; Oppositions shall be filed by Friday, January 18, 2013; Replies shall be filed by Friday, January 25, 2013; Hearing will be set if determined necessary by the Court. Trial is set for Monday, March 25, 2013 9:00 a.m. Pretrial Conference is waived.Court Recorder: CS 7/23/12. (lc) (Entered: 07/25/2012)

July 23, 2012

July 23, 2012

PACER
91

TRANSCRIPT ORDER for date of proceedings 7/23/12 to 7/23/12 as to defendants Donna M Beiter, Eric Shinseki Court Smart (CS). Transcript portion requested: Other: Scheduling Conference 7/23/12. Category: 14 Day. Transcript preparation will not begin until payment has been satisfied with the court reporter/recorder. (Layton, Elisabeth) (Entered: 07/27/2012)

July 27, 2012

July 27, 2012

PACER
92

STIPULATION to Dismiss plaintiff Carolina Winston Barrie filed by plaintiffs Wayne Early, Lawrence Green, Chris Romine, Gregory Valentini, Vietnam Veterans of America, Willie Floyd, Jane Doe, Adrian Mararu, Leslie Richardson, Adrian Moraru, Zachary Isaac, Demetrious Kassitas, Carolina Winston Barrie, Leroy Smith, Jr.(Finsten, James) (Entered: 07/27/2012)

July 27, 2012

July 27, 2012

PACER
93

TRANSCRIPT for proceedings held on 7/23/12 8:56 a.m.. Court Reporter/Electronic Court Recorder: HUNTINGTON COURT REPORTERS, phone number (626) 792-7250. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Electronic Court Recorder before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 8/28/2012. Redacted Transcript Deadline set for 9/7/2012. Release of Transcript Restriction set for 11/5/2012. (ha) (Entered: 08/07/2012)

Aug. 7, 2012

Aug. 7, 2012

PACER
94

NOTICE OF FILING TRANSCRIPT filed for proceedings 7/23/12 8:56 a.m. re Transcript 93 THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY.(ha) TEXT ONLY ENTRY (Entered: 08/07/2012)

Aug. 7, 2012

Aug. 7, 2012

PACER
95

NOTICE of Change of Attorney Information for attorney Kristen McKeever counsel for Defendants Donna M Beiter, Eric Shinseki.Kristen L. McKeever is no longer attorney of record for the aforementioned party in this case for the reason indicated in the G-06 Notice. Filed by Defendants Eric Shinseki, et al. (McKeever, Kristen) (Entered: 09/25/2012)

Sept. 25, 2012

Sept. 25, 2012

PACER
96

NOTICE OF FILING of Certified Administrative Proceedings filed by Defendants Eric Shinseki. (Attachments: # 1 AR Part 1, # 2 AR Part 2, # 3 AR Part 3, # 4 AR Part 4, # 5 AR Part 5, # 6 AR Part 6, # 7 AR Part 7, # 8 AR Part 8, # 9 AR Part 9, # 10 AR Part 10, # 11 AR Part 11, # 12 AR Part 12, # 13 AR Part 13, # 14 AR Part 14, # 15 AR Part 15, # 16 AR Part 16, # 17 AR Part 17, # 18 AR Part 18, # 19 AR Part 19, # 20 AR Part 20, # 21 AR Part 21, # 22 AR Part 22)(Seifert, Karen) (Entered: 10/22/2012)

1 AR Part 1

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2 AR Part 2

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3 AR Part 3

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4 AR Part 4

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5 AR Part 5

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6 AR Part 6

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7 AR Part 7

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8 AR Part 8

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9 AR Part 9

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10 AR Part 10

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11 AR Part 11

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12 AR Part 12

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13 AR Part 13

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14 AR Part 14

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15 AR Part 15

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16 AR Part 16

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17 AR Part 17

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18 AR Part 18

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19 AR Part 19

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20 AR Part 20

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21 AR Part 21

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22 AR Part 22

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Oct. 22, 2012

Oct. 22, 2012

PACER
97

MEDIATION REPORT Filed by Mediator (ADR Panel) Gail Killefer: Mediation held on 7/23/12 through 10/25/12 telephonically. The parties are unable to reach an agreement at this time.(mb) (Entered: 10/25/2012)

Oct. 25, 2012

Oct. 25, 2012

PACER
98

NOTICE filed by Defendants Donna M Beiter, Eric Shinseki. (Attachments: # 1 Supplement AR Supplement Part 1 of 4, # 2 Supplement AR Supplement Part 2 of 4, # 3 Supplement AR Supplement Part 3 of 4, # 4 Supplement AR Supplement Part 4 of 4)(Layton, Elisabeth) (Entered: 11/20/2012)

1 Supplement AR Supplement Part 1 of 4

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2 Supplement AR Supplement Part 2 of 4

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3 Supplement AR Supplement Part 3 of 4

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4 Supplement AR Supplement Part 4 of 4

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Nov. 20, 2012

Nov. 20, 2012

PACER
99

NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Notice (Other) 98 . The following error(s) was found: Incorrect event selected. The correct event is: Certified Administrative Proceedings (Notice of Filing).. In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. You need not take any action in response to this notice unless and until the court directs you to do so. (lc) (Entered: 11/21/2012)

Nov. 21, 2012

Nov. 21, 2012

PACER

Case Details

State / Territory: California

Case Type(s):

Public Benefits/Government Services

Key Dates

Filing Date: June 8, 2011

Case Ongoing: No reason to think so

Plaintiffs

Plaintiff Description:

Veterans who are eligible for the benefits provided by the Veterans Health Administration and reside within the service area of the VA Greater Los Angeles Healthcare System, and who have a mental disability and/or brain injury that renders them unable to obtain or maintain stable housing.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

ACLU of Southern California

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Department of Veterans' Affairs, Federal

Case Details

Causes of Action:

Administrative Procedure Act, 5 U.S.C. §§ 551 et seq.

Availably Documents:

Trial Court Docket

Complaint (any)

Non-settlement Outcome

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Private Settlement Agreement

Voluntary Dismissal

Content of Injunction:

Recordkeeping

Issues

General:

Government Services

Housing assistance

Poverty/homelessness

Public benefits (includes, e.g., in-state tuition, govt. jobs)

Discrimination-basis:

Disability (inc. reasonable accommodations)

Disability:

Mental impairment