Case: Valentini v. Shinseki

Valentini v. Shinseki

Valentini v. Shinseki

Valenti v. Shinseki

Valenti et al v. Shinseki

Valenti v. Shinseki

Valenti v. Shinseki

Valentini v. McDonald

ACLU of Southern California

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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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)

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)

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)

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)

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)

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)

Summons Issued

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)

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

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)

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

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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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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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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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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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)

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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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)

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

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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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)

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)

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)

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)

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)

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)

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)

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

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)

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

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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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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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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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)

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)

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)

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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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)

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)

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

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

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)

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)

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)

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)

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)

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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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)

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)

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)

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)

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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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)

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)

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)

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)

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)

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)

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

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)

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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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)

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)

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)

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)

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)

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)

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)

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)

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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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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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)

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)

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

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)

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

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)

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)

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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)

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)

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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)

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)

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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)

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)

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)

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)

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

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)

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)

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)

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)

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)

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)

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)

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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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)

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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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)