Case: Powers v. McDonough

Legal Defense Fund

ACLU

COMPLAINT Receipt No: ACACDC-34331416 - Fee: $402, filed by Plaintiff Glenn Surrette, Lavon Johnson, Deavin Sessom, Jeffrey Powers, Does 1-2, Sharday Anyadiegwu, Laurieann Wright, Jessica Miles, Naryan Stibbie, National Veterans Foundation, Billy Edwards, Samuel Castellanos, Joshua Robert Petitt, Joseph Fields. (Attorney Mark D Rosenbaum added to party Sharday Anyadiegwu(pty:pla), Attorney Mark D Rosenbaum added to party Samuel Castellanos(pty:pla), Attorney Mark D Rosenbaum added to party Does 1-2(pty:pla), Attorney Mark D Rosenbaum added to party Billy Edwards(pty:pla), Attorney Mark D Rosenbaum added to party Joseph Fields(pty:pla), Attorney Mark D Rosenbaum added to party Lavon Johnson(pty:pla), Attorney Mark D Rosenbaum added to party Jessica Miles(pty:pla), Attorney Mark D Rosenbaum added to party National Veterans Foundation(pty:pla), Attorney Mark D Rosenbaum added to party Joshua Robert Petitt(pty:pla), Attorney Mark D Rosenbaum added to party Jeffrey Powers(pty:pla), Attorney Mark D Rosenbaum added to party Deavin Sessom(pty:pla), Attorney Mark D Rosenbaum added to party Naryan Stibbie(pty:pla), Attorney Mark D Rosenbaum added to party Glenn Surrette(pty:pla), Attorney Mark D Rosenbaum added to party Laurieann Wright(pty:pla))(Rosenbaum, Mark) (Entered: 11/15/2022)

CIVIL COVER SHEET filed by Plaintiffs Sharday Anyadiegwu, Samuel Castellanos, Does 1-2, Billy Edwards, Joseph Fields, Lavon Johnson, Jessica Miles, National Veterans Foundation, Joshua Robert Petitt, Jeffrey Powers, Deavin Sessom, Naryan Stibbie, Glenn Surrette, Laurieann Wright. (Rosenbaum, Mark) (Entered: 11/15/2022)

Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening),,,,, 1 filed by Plaintiff Sharday Anyadiegwu, Samuel Castellanos, Does 1-2, Billy Edwards, Joseph Fields, Lavon Johnson, Jessica Miles, National Veterans Foundation, Joshua Robert Petitt, Jeffrey Powers, Deavin Sessom, Naryan Stibbie, Glenn Surrette, Laurieann Wright. (Rosenbaum, Mark) (Entered: 11/15/2022)

NOTICE OF ASSIGNMENT to District Judge Ronald S. W. Lew and Magistrate Judge John E. McDermott. (sh) (Entered: 11/16/2022)

NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (sh) (Entered: 11/16/2022)

Notice to Counsel Re Consent to Proceed Before a United States Magistrate Judge. (sh) (Entered: 11/16/2022)

21 DAY Summons Issued re Complaint (Attorney Civil Case Opening),,,,, 1 as to Defendants Steven Braverman, Keith Harris, Denis Richard McDonough. (sh) (Entered: 11/16/2022)

NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney Evan Monod. A document recently filed in this case lists you as an out-of-state attorney of record. However, the Court has not been able to locate any record that you are admitted to the Bar of this Court, and you have not filed an application to appear Pro Hac Vice in this case. Accordingly, within 5 business days of the date of this notice, you must either (1) have your local counsel file an application to appear Pro Hac Vice (Form G-64) and pay the applicable fee, or (2) complete the next section of this form and return it to the court at cacd_attyadm@cacd.uscourts.gov. You have been removed as counsel of record from the docket in this case, and you will not be added back to the docket until your Pro Hac Vice status has been resolved. (sh) (Entered: 11/16/2022)

NOTICE OF DEFICIENCIES in Attorney Case Opening. The following error(s) was found: No Notice of Interested Parties has been filed. A Notice of Interested Parties must be filed with every partys first appearance. See Local Rule 7.1-1. Counsel must file a Notice of Interested Parties immediately. Failure to do so may be addressed by judicial action, including sanctions. See Local Rule 83-7. (sh) (Entered: 11/16/2022)

NOTICE of Interested Parties filed by Plaintiffs Sharday Anyadiegwu, Samuel Castellanos, Does, Billy Edwards, Joseph Fields, Lavon Johnson, Jessica Miles, National Veterans Foundation, Joshua Robert Petitt, Jeffrey Powers, Deavin Sessom, Naryan Stibbie, Glenn Surrette, Laurieann Wright, (Zeefe, Malka) (Entered: 11/17/2022)

APPLICATION of Non-Resident Attorney Evan Monod to Appear Pro Hac Vice on behalf of Plaintiffs Sharday Anyadiegwu, Samuel Castellanos, Does, Billy Edwards, Joseph Fields, Lavon Johnson, Jessica Miles, National Veterans Foundation, Joshua Robert Petitt, Jeffrey Powers, Deavin Sessom, Naryan Stibbie, Glenn Surrette, Laurieann Wright (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-34346242) filed by Plaintiffs Sharday Anyadiegwu, Samuel Castellanos, Does, Billy Edwards, Joseph Fields, Lavon Johnson, Jessica Miles, National Veterans Foundation, Joshua Robert Petitt, Jeffrey Powers, Deavin Sessom, Naryan Stibbie, Glenn Surrette, Laurieann Wright. (Attachments: # 1 Exhibit - Certificate of Good Standing, # 2 Proposed Order) (Hill, Eve) (Entered: 11/18/2022)

ORDER RETURNING CASE FOR REASSIGNMENT by Judge Ronald S.W. Lew. ORDER case returned to the Clerk for random reassignment pursuant to General Order 21-01. Case randomly reassigned from Judge Ronald S.W. Lew to Judge John F. Walter for all further proceedings. The case number will now reflect the initials of the transferee Judge 2:22-cv-08357 JFW(JEMx). (rn) (Entered: 11/18/2022)

STANDING ORDER by Judge John F. Walter. READ THIS ORDER CAREFULLY. IT CONTROLS THE CASE AND DIFFERS IN SOME RESPECTS FROM THE LOCAL RULES. This action has been assigned to the calendar of Judge John F. Walter. Both the Court and counsel bear responsibility for the progress of litigation in Federal Court. (SEE DOCUMENT FOR FURTHER DETAILS.) (rolm) (Entered: 11/21/2022)

ORDER ON APPLICATION OF NON-RESIDENT ATTORNEY TO APPEAR IN A SPECIFIC CASE PRO HAC VICE 11 by Judge John F. Walter: APPLICATION to Appear Pro Hac Vice on behalf of Plaintiffs Jeffrey Powers, Deavin Sessom, Laurieann Wright, Samuel Castellanos, Joseph Fields, Sharday Anyadiegwu, Lavon Johnson, Billy Edwards, Jessica Miles, Joshua Robert Petitt, Glenn Surrette, Naryan Stibbie, Does 1-2 and National Veterans Foundation, designating Malka S. Zeefe as local counsel. granting 11 Non-Resident Attorney Evan Monod (rolm) (Entered: 11/21/2022)

PROOF OF SERVICE filed by plaintiff Jeffrey Powers, served on 11/23/2022. (Du, Tommy) (Entered: 12/07/2022)

PROOF OF SERVICE filed by plaintiff Jeffrey Powers, served on 11/21/2022. (Du, Tommy) (Entered: 12/07/2022)

PROOF OF SERVICE filed by plaintiff Jeffrey Powers, served on 11/21/2022. (Du, Tommy) (Entered: 12/07/2022)

Notice of Appearance or Withdrawal of Counsel: for attorney Zachary Anthony Avallone counsel for Defendants Steven Braverman, Keith Harris, Denis Richard McDonough. Adding Zachary A. Avallone as counsel of record for Denis R. McDonough, in his official capacity as Secretary of the Department of Veterans Affairs; Steven Braverman, in his official capacity as Director, VA Greater Los Angeles Healthcare System; Keith Harris, in his official capacity, Senior Executive Homelessness Agent, VA Greater Los Angeles Healthcare System. for the reason indicated in the G-123 Notice. Filed by Counsel for Defendants Zachary A. Avallone. (Attorney Zachary Anthony Avallone added to party Steven Braverman(pty:dft), Attorney Zachary Anthony Avallone added to party Keith Harris(pty:dft), Attorney Zachary Anthony Avallone added to party Denis Richard McDonough(pty:dft))(Avallone, Zachary) (Entered: 01/18/2023)

NOTICE OF MOTION AND MOTION to Extend Time to File Answer to 3/6/2023 re Complaint (Attorney Civil Case Opening),,,,, 1 filed by Defendants Steven Braverman, Keith Harris, Denis Richard McDonough. (Attachments: # 1 Proposed Order) (Avallone, Zachary) (Entered: 01/18/2023)

DECLARATION of Zachary A. Avallone (Lead Trial Counsel) Submitted Pursuant to this Court's Standing Order filed by Defendants Steven Braverman, Keith Harris, Denis Richard McDonough. (Avallone, Zachary) (Entered: 01/18/2023)

ORDER GRANTING DEFENDANTS' UNOPPOSED MOTION TO EXTEND DEFENDANT'S DEADLINE TO RESPOND TO PLAINTIFFS' COMPLAINT 19 by Judge John F. Walter. The Court hereby ORDERS Defendants to respond to Plaintiffs' complaint no later than March 6, 2023. (iv) (Entered: 01/19/2023)

Joint NOTICE OF MOTION AND MOTION to Extend Time to File Answer to 4/20/2023 re Complaint (Attorney Civil Case Opening),,,,, 1 filed by JOINT Steven Braverman, Keith Harris, Denis Richard McDonough. (Attachments: # 1 Proposed Order) (Avallone, Zachary) (Entered: 03/01/2023)

ORDER GRANTING DEFENDANTS' UNOPPOSED APPLICATION TO EXTEND DEFENDANT'S DEADLINE TO RESPOND TO PLAINTIFFS' COMPLAINT 22 by Judge John F. Walter. Defendants to respond to Plaintiffs' complaint no later than April 20, 2023. (iv) (Entered: 03/01/2023)

MINUTE (IN CHAMBERS) COURT ORDER by Judge John F. Walter. Counsel are hereby notified that a Scheduling Conference has been set for May 22, 2023 at 1:15 p.m. before Judge John F. Walter in Courtroom 7A, 350 W. 1st St, Los Angeles, CA 90012. Lead Trial Counsel shall attend all proceedings before this Court, including the Scheduling Conference. Counsel are directed to comply with Rule 26 of the Federal Rules of Civil Procedure and Local Rule 26-1 in a timely fashion and to file a Joint Report, on or before May 8, 2023. (iv) (Entered: 03/01/2023)

Joint NOTICE OF MOTION AND MOTION to Extend Time to File Answer to 5/11/2023 re Complaint (Attorney Civil Case Opening),,,,, 1 filed by DEFENDANTS Steven Braverman, Keith Harris, Denis Richard McDonough. Motion set for hearing on 6/12/2023 at 01:30 PM before Judge John F. Walter. (Attachments: # 1 Proposed Order) (Avallone, Zachary) (Entered: 04/14/2023)

ORDER GRANTING DEFENDANTS' UNOPPOSED MOTION TO EXTEND DEFENDANT'S DEADLINE TO RESPOND TO PLAINTIFFS' COMPLAINT by Judge John F. Walter. The Court hereby ORDERS Defendants to respond to Plaintiffs' complaint, ECF No. 1, no later than May 11, 2023. (lom) (Entered: 04/14/2023)

Joint STIPULATION to Continue Scheduling Conference from May 22, 2023, at 1:15 pm to August 21, 2023, at 1:15 pm filed by Plaintiff National Veterans Foundation. (Attachments: # 1 Proposed Order Granting Joint Stipulation to Continue Scheduling Conference)(Silberfeld, Roman) (Entered: 04/28/2023)

ORDER GRANTING JOINT STIPULATION TO CONTINUE SCHEDULING CONFERENCE 27 by Judge John F. Walter. The Court continues the Scheduling Conference to August 21, 2023 at 1:15 pm. Counsel shall file the joint report on August 4, 2023. (iv) (Entered: 05/01/2023)

Joint STIPULATION Extending Time to Answer the complaint as to All Parties, filed by DEFENDANT Keith Harris, Steven Braverman, Denis Richard McDonough. (Attachments: # 1 Proposed Order)(Avallone, Zachary) (Entered: 05/11/2023)

ORDER TRANSFERRING CIVIL ACTION pursuant General Order 21-01. ORDER case transferred from Judge John F. Walter to the calendar of Judge David O. Carter for all further proceedings. The case number will now reflect the initials of the transferee Judge 2:22-cv-08357 DOC(JEMx). Signed by Judge John F. Walter. (rn) (Entered: 05/12/2023)

INITIAL STANDING ORDER FOLLOWING ASSIGNMENT OF CIVIL CASE by Judge David O. Carter. (kdu) (Entered: 05/15/2023)

ORDER SETTING SCHEDULING CONFERENCE by Judge David O. Carter. Scheduling Conference set for 8/14/2023 at 08:30 AM before Judge David O. Carter. (kdu) (Entered: 05/15/2023)

FIRST AMENDED COMPLAINT against Defendants Steven Braverman, Keith Harris, Denis Richard McDonough amending Complaint (Attorney Civil Case Opening),,,,, 1, filed by Plaintiffs Glenn Surrette, Lavon Johnson, Deavin Sessom, Jeffrey Powers, Sharday Anyadiegwu, Laurieann Wright, Jessica Miles, Naryan Stibbie, National Veterans Foundation, Billy Edwards, Samuel Castellanos, Joshua Robert Petitt, Joseph Fields(Silberfeld, Roman) (Entered: 05/15/2023)

Request for Clerk to Issue Summons on Amended Complaint/Petition, 33 filed by Plaintiffs Sharday Anyadiegwu, Samuel Castellanos, Billy Edwards, Joseph Fields, Lavon Johnson, Jessica Miles, National Veterans Foundation, Joshua Robert Petitt, Jeffrey Powers, Deavin Sessom, Naryan Stibbie, Glenn Surrette, Laurieann Wright. (Silberfeld, Roman) (Entered: 05/15/2023)

21 DAY Summons Issued re First Amended Complaint/Petition, 33 as to Defendants Marcia L. Fudge, Douglas Guthrie. (twdb) (Entered: 05/25/2023)

Joint STIPULATION for Extension of Time to File Answer to July 14, 2023 re Amended Complaint/Petition, 33 filed by Federal Defendants Steven Braverman, Marcia L. Fudge, Keith Harris, Denis Richard McDonough. (Attachments: # 1 Proposed Order)(Attorney Zachary Anthony Avallone added to party Marcia L. Fudge(pty:dft))(Avallone, Zachary) (Entered: 05/26/2023)

NOTICE OF MOTION AND MOTION to Dismiss Case filed by Veterans Affairs Defendants Steven Braverman, Keith Harris, Denis Richard McDonough. Motion set for hearing on 7/10/2023 at 08:30 AM before Judge David O. Carter. (Attachments: # 1 Memorandum Memorandum in Support of Veterans Affairs Defendants' Motion to Dismiss, # 2 Declaration Decl. of Z. Avallone, # 3 Exhibit Ex. 1 - 1888 Deed, # 4 Exhibit Ex. 2 - Feb. 3 1968 Ltr C. Martz to H. Bernstein, # 5 Exhibit Ex. 3 - Principles of Partnership, # 6 Exhibit Ex. 4 - Brentwood School Lease, # 7 Exhibit Ex. 5 - 2021 VA Report to Congress, # 8 Exhibit Ex. 6 - 2022 VA Report to Congress, # 9 Exhibit Ex. 7 - VA OIG Report 2021, # 10 Exhibit Ex.8 - License No. 691-97-01-1L, # 11 Exhibit Ex. 9 - January 1, 1969 BLM Oil and Gas Lease, # 12 Exhibit Ex. 10 - VA OIG Report 2018, # 13 Proposed Order Proposed Order) (Avallone, Zachary) (Entered: 05/30/2023)

ORDER GRANTING JOINT STIPULATION TO SET DEADLINE FOR FEDERAL DEFENDANTS TO RESPOND TO THE AMENDED COMPLAINT 36 by Judge David O. Carter. The Court orders that Federal Defendants shall respond to Plaintiffs' Amended Complaint no later than July 14, 2023. (rolm) (Entered: 05/31/2023)

ORDER SETTING SCHEDULING CONFERENCE by Judge David O. Carter. Scheduling Conference set for 7/10/2023 at 08:30 AM before Judge David O. Carter. (kdu) (Entered: 06/01/2023)

PROOF OF SERVICE filed by Plaintiff Jeffrey Powers, served on 05/26/2023. (Du, Tommy) (Entered: 06/02/2023)

PROOF OF SERVICE filed by Plaintiff Jeffrey Powers, served on 05/26/2023. (Du, Tommy) (Entered: 06/02/2023)

Joint STIPULATION to Continue Scheduling Conference and Setting Briefing Schedule from July 10, 2023 to 09/18/2023 filed by Plaintiff Jeffrey Powers. (Attachments: # 1 Proposed Order Proposed Order on Granting Joint Stipulation to Continue Scheduling Conference)(Du, Tommy) (Entered: 06/05/2023)

STIPULATION Extending Time to Answer the complaint as to HACLA answer now due 7/7/2023, re Complaint (Attorney Civil Case Opening),,,,, 1 filed by Defendant HACLA. (Attachments: # 1 Proposed Order Proposed Order)(Attorney Keith E Smith added to party HACLA(pty:dft))(Smith, Keith) (Entered: 06/15/2023)

VETERANS AFFAIRS DEFENDANTS NOTICE OF WITHDRAWAL OF UNTIMELINESS ARGUMENT FROM THEIR MOTION TO DISMISS PLAINTIFFS FIRST AMENDED COMPLAINT re NOTICE OF MOTION AND MOTION to Dismiss Case 37 filed by Defendants Steven Braverman, Keith Harris, Denis Richard McDonough. (Avallone, Zachary) (Entered: 06/16/2023)

MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION to Dismiss Case 37 filed by Plaintiffs Samuel Castellanos, Billy Edwards, Joseph Fields, Lavon Johnson, Jessica Miles, National Veterans Foundation, Joshua Robert Petitt, Jeffrey Powers, Deavin Sessom, Naryan Stibbie, Glenn Surrette, Laurieann Wright. (Du, Tommy) (Entered: 06/16/2023)

ORDER GRANTING JOINT STIPULATION TO EXTEND DEFENDANT HACLA'S DEADLINE TO ANSWER PLAINTIFFS' AMENDED COMPLAINT 43 by Judge David O. Carter. This Court hereby grants the parties stipulation and orders Defendant HACLA's responsive pleading deadline be extended to July 07, 2023. (lom) Modified on 6/22/2023 (lom). (Entered: 06/22/2023)

SCHEDULING NOTICE by Judge David O. Carter Scheduling Conference is set for 8/14/2023 at 08:30 AM before Judge David O. Carter. All other previously set scheduling conferences dates are hereby VACATED. Counsel shall appear on August 14, 2023 at 8:30 AM for Scheduling Conference and MOTION to Dismiss Case 37 . All persons, parties, clients, and individuals with settlement authority, are ordered to be present for this hearing.THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (kdu) TEXT ONLY ENTRY (Entered: 06/22/2023)

ORDER GRANTING JOINT STIPULATION TO CONTINUE SCHEDULING CONFERENCE 42 by Judge David O. Carter. The Court sets forth the following schedule: 1. June 23, 2023 HUD Secretary Fudge's deadline to file Motion to Dismiss. 2. July 24, 2023 Plaintiffs' deadline to oppose Federal Defendants' Motions to Dismiss. 3. August 7, 2023 Federal Defendants' deadline to file Reply in support of Motions to Dismiss. 4. August 21, 2023 at 8:30 a.m. Hearing on Federal Defendants' Motions to Dismiss. 5. September 18, 2023 at 8:30 a.m. Scheduling Conference. (lom) (Entered: 06/22/2023)

Text Only Scheduling Notice

NOTICE OF MOTION AND MOTION to Dismiss Case Filed by Defendant HUD filed by Defendant Marcia L. Fudge. Motion set for hearing on 8/21/2023 at 08:30 AM before Judge David O. Carter. (Attachments: # 1 Memorandum Memorandum in support of motion, # 2 Declaration Declaration of J. Kuhn, # 3 Proposed Order Proposed Order) (Avallone, Zachary) (Entered: 06/23/2023)

SCHEDULING NOTICE by Judge David O. Carter: MOTION to Dismiss Case Filed by Defendant HUD 49, and MOTION to Dismiss Case 37 Motion hearing is CONTINUED to 9/18/2023 at 08:30 AM before Judge David O. Carter. All persons, parties, clients, and individuals with settlement authority, are ordered to be present for this hearing.THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (kdu) TEXT ONLY ENTRY (Entered: 06/27/2023)

Text Only Scheduling Notice

NOTICE OF MOTION AND MOTION to Dismiss Plaintiff's First Amended Complaint filed by Defendant HACLA. Motion set for hearing on 9/18/2023 at 08:30 AM before Judge David O. Carter. (Attachments: # 1 Declaration Declaration of Ryan Mulligan in Support of HACLA's Motion to Dismiss, # 2 Exhibit Exhibit A to Declaration of Ryan Mulligan, # 3 Proposed Order Proposed Order) (Smith, Keith) (Entered: 07/07/2023)

REQUEST FOR JUDICIAL NOTICE re NOTICE OF MOTION AND MOTION to Dismiss Plaintiff's First Amended Complaint 51 filed by Defendant HACLA. (Attachments: # 1 Exhibit Exhibit A to HACLA's Request for Judicial Notice, # 2 Exhibit Exhibit B to HACLA's Request for Judicial Notice, # 3 Exhibit Exhibit C to HACLA's Request for Judicial Notice)(Smith, Keith) (Entered: 07/07/2023)

Notice of Appearance or Withdrawal of Counsel: for attorney Kara Jill Mahoney counsel for Plaintiffs Sharday Anyadiegwu, Samuel Castellanos, Does, Billy Edwards, Joseph Fields, Lavon Johnson, Jessica Miles, National Veterans Foundation, Joshua Robert Petitt, Jeffrey Powers, Deavin Sessom, Naryan Stibbie, Glenn Surrette, Laurieann Wright. Kara Mahoney is no longer counsel of record for the aforementioned party in this case for the reason indicated in the G-123 Notice. Filed by Plaintiff Powers, et al.. (Mahoney, Kara) (Entered: 08/02/2023)

Notice of Appearance or Withdrawal of Counsel: for attorney Kara Jill Mahoney counsel for Plaintiffs Sharday Anyadiegwu, Samuel Castellanos, Does, Billy Edwards, Joseph Fields, Lavon Johnson, Jessica Miles, National Veterans Foundation, Joshua Robert Petitt, Jeffrey Powers, Deavin Sessom, Naryan Stibbie, Glenn Surrette, Laurieann Wright. Kara Jill Mahoney is no longer counsel of record for the aforementioned party in this case for the reason indicated in the G-123 Notice. Filed by Plaintiff Powers, et al.. (Attachments: # 1 The attachment is the previously filed incorrect G-123 (ECF No. 53). The main document is the Corrected G-123.)(Mahoney, Kara) (Entered: 08/03/2023)

NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Document RE: Notice of Appearance or Withdrawal of Counsel (G-123),, 53 . The following error(s) was/were found: Blank document. In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order 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. (ak) (Entered: 08/03/2023)

SCHEDULING NOTICE by Judge David O. Carter Scheduling Conference is CONTINUED to 9/18/2023 at 08:30 AM before Judge David O. Carter. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (kdu) TEXT ONLY ENTRY (Entered: 08/07/2023)

REPLY IN SUPPORT NOTICE OF MOTION AND MOTION to Dismiss Case Filed by Defendant HUD 49, NOTICE OF MOTION AND MOTION to Dismiss Case 37 FEDERAL DEFENDANTS' CONSOLIDATED REPLY IN SUPPORT OF THEIR MOTIONS TO DISMISS PLAINTIFFS' FIRST AMENDED COMPLAINT filed by Defendants Steven Braverman, Marcia L. Fudge, Keith Harris, Denis Richard McDonough. (Attachments: # 1 Declaration Ex. 1 Second Decl. of J. Kuhn)(Avallone, Zachary) (Entered: 08/07/2023)

Text Only Scheduling Notice

MINUTE ORDER (IN CHAMBERS) ORDER TO SHOW CAUSE by Judge David O. Carter. Response to Order to Show Cause due by 8/11/2023. The Court further SETS a status conference for Monday, August 14, 2023 at 11:00 A.M. The hearing will take place in Courtroom 10A at U.S. Courthouse, 411 West 4th Street, Santa Ana, CA 92701. SEE DOCUMENT FOR FURTHER INFORMATION. (twdb) (Entered: 08/08/2023)

REPLY to Order to Show Cause (ECF No. 58) filed by Plaintiffs Samuel Castellanos, Does, Billy Edwards, Joseph Fields, Lavon Johnson, Jessica Miles, National Veterans Foundation, Joshua Robert Petitt, Jeffrey Powers, Deavin Sessom, Naryan Stibbie, Glenn Surrette, Laurieann Wright. (Attachments: # 1 Declaration)(Du, Tommy) (Entered: 08/09/2023)

REQUEST to Continue STATUS CONFERENCE from August 14, 2023 to August 21, 2023 Re: Order to Show Cause, 58 filed by FEDERAL DEFENDANTS Steven Braverman, Marcia L. Fudge, Keith Harris, Denis Richard McDonough. (Attachments: # 1 Declaration Decl. of Z. Avallone, # 2 Proposed Order Proposed Order to Continue, # 3 Proposed Order Proposed Order Granting Permission to Appear Remotely) (Avallone, Zachary) (Entered: 08/09/2023)

ORDER by Judge David O. Carter granting 60 REQUEST to Continue: After reviewing Federal Defendants' motion and for good cause shown, the Court hereby GRANTS Federal Defendants' request to continue the status conference previously scheduled for August 14, 2023. The Court ORDERS parties to appear in Courtroom 10C for a status conference on August 28, 2023 at 10:00 a.m. Hearing will be held at Los Angeles First Street Federal Courthouse. (bm) (Entered: 08/11/2023)

MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION to Dismiss Case Filed by Defendant HUD 49 filed by Plaintiffs Samuel Castellanos, Does, Billy Edwards, Joseph Fields, Lavon Johnson, Jessica Miles, National Veterans Foundation, Joshua Robert Petitt, Jeffrey Powers, Deavin Sessom, Naryan Stibbie, Glenn Surrette, Laurieann Wright. (Attachments: # 1 Declaration Benjamin F. Henwood)(Du, Tommy) (Entered: 08/18/2023)

REQUEST for Leave to file Sur-Reply to Federal Defendants' Consolidated Reply (ECF No. 57) filed by Plaintiffs Samuel Castellanos, Does, Billy Edwards, Joseph Fields, Lavon Johnson, Jessica Miles, National Veterans Foundation, Joshua Robert Petitt, Jeffrey Powers, Deavin Sessom, Naryan Stibbie, Glenn Surrette, Laurieann Wright. Request set for hearing on 9/18/2023 at 08:30 AM before Judge David O. Carter. (Attachments: # 1 Proposed Surreply to Federal Defendants Motion to Dismiss, # 2 Proposed Order [Proposed] Order) (Du, Tommy) (Entered: 08/18/2023)

ORDER by Judge David O. Carter: Granting 63 Plaintiffs' MOTION for Leave to File Surreply to Federal Defendants' Consolidated Reply Brief. The Surreply attached as Exhibit 1 to the request for leave (Dkt. 63-1) shall be deemed filed as of the date of this Order. (twdb) (Entered: 08/22/2023)

SCHEDULING NOTICE by Judge David O. Carter: Status Conference re OSC set for 8/28/2023 at 10:00 AM before Judge David O. Carter. The Court ORDERS the parties to appear in Courtroom 10C, located at 350 W. 1st Street, Los Angeles, CA. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (ev) TEXT ONLY ENTRY (Entered: 08/23/2023)

Text Only Scheduling Notice

MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION to Dismiss Plaintiff's First Amended Complaint 51 filed by Plaintiffs Samuel Castellanos, Does, Billy Edwards, Joseph Fields, Lavon Johnson, Jessica Miles, National Veterans Foundation, Joshua Robert Petitt, Jeffrey Powers, Deavin Sessom, Naryan Stibbie, Glenn Surrette, Laurieann Wright. (Du, Tommy) (Entered: 08/25/2023)

MINUTES OF ORDER RE: MOTION HEARING (Los Angeles First Street) held before Judge David O. Carter: The parties are scheduled to appear before the Court again on September 18, 2023, to present oral argument on Defendants Motions to Dismiss (Dkts. 49, 51) and propose trial dates and deadlines. In light of the representations made by the parties at the status conference, the Court requests the attendance of the Secretary of the Department of Veterans Affairs Denis Richard McDonough at the hearing on September 18, 2023. The hearing will take place at 10 a.m. in Courtroom 10C at First Street U.S. Courthouse, 350 W 1st Street, Los Angeles, CA 90012. Court Reporter: Court Smart. (twdb) (Entered: 08/29/2023)

REPLY Reply to Plaintiff's Opposition to Motion to Dismiss NOTICE OF MOTION AND MOTION to Dismiss Plaintiff's First Amended Complaint 51 filed by Defendant HACLA. (Smith, Keith) (Entered: 09/01/2023)

REQUEST FOR JUDICIAL NOTICE re NOTICE OF MOTION AND MOTION to Dismiss Plaintiff's First Amended Complaint 51 filed by Defendant HACLA. (Attachments: # 1 Exhibit Exhibit D to HACLA's Supplemental RFJN, # 2 Exhibit Exhibit E to HACLA's Supplemental RFJN)(Smith, Keith) (Entered: 09/01/2023)

JOINT 26(f) REPORT filed by Plaintiffs Samuel Castellanos, Does, Billy Edwards, Joseph Fields, Lavon Johnson, Jessica Miles, National Veterans Foundation, Joshua Robert Petitt, Jeffrey Powers, Deavin Sessom, Naryan Stibbie, Glenn Surrette, Laurieann Wright. (Du, Tommy) (Entered: 09/05/2023)

NOTICE OF MOTION AND MOTION for Leave to file Reply in Support of HUD's Motion to Dismiss filed by Sec'y of Housing and Urban Development Steven Braverman, Marcia L. Fudge, Keith Harris, Denis Richard McDonough. (Attachments: # 1 Ex. A - HUD Reply Brief, # 2 Exhibit HUD Reply Ex. 1, # 3 Exhibit HUD Reply Ex. 2, # 4 Proposed Order Proposed Order) (Avallone, Zachary) (Entered: 09/05/2023)

ORDER ORDER GRANTING DEFENDANT SECRETARY OF HOUSING AND URBAN DEVELOPMENTS MOTION FOR LEAVE TO FILE REPLY TO PLAINTIFFS RESPONSE TO HUDS MOTION TO DISMISS PLAINTIFFS FIRST AMENDED COMPLAINT. The Reply attached as Exhibit A to HUDs request for leave (and accompanying exhibits) (Dkt. 71) shall be deemed filed as of the date of this Order. by Judge David O. Carter 71 (twdb) (Entered: 09/06/2023)

Notice regarding the Court's August 28, 2023 Minute Order filed by Federal Defendants Steven Braverman, Marcia L. Fudge, Keith Harris, Denis Richard McDonough. (Avallone, Zachary) (Entered: 09/13/2023)

NOTICE of Appearance filed by attorney Brad P. Rosenberg on behalf of Defendants Steven Braverman, Marcia L. Fudge, Keith Harris, Denis Richard McDonough (Attorney Brad P. Rosenberg added to party Steven Braverman(pty:dft), Attorney Brad P. Rosenberg added to party Marcia L. Fudge(pty:dft), Attorney Brad P. Rosenberg added to party Keith Harris(pty:dft), Attorney Brad P. Rosenberg added to party Denis Richard McDonough(pty:dft))(Rosenberg, Brad) (Entered: 09/15/2023)

MINUTES OF Motion Hearing held before Judge David O. Carter: MOTION TO DISMISS CASE FILED BY VETERANS AFFAIRS DEFENDANTS STEVEN BRAVERMAN, KEITH HARRIS, DENIS RICHARD MCDONOUGH 37 ; MOTION TO DISMISS CASE FILED BY DEFENDANT HUD 49 ; MOTION TO DISMISS PLAINTIFF'S FIRST AMENDED COMPLAINT 51 . The Court hears arguments. Supplemental briefs are to be filed on or before September 29, 2023. Motion to Dismiss Case 37, Motion to Dismiss Case Filed by Defendant HUD 49, and Motion to Dismiss Plaintiff's First Amended Complaint 51 are taken under submission. Court Reporter: Court Smart. (twdb) (Entered: 09/20/2023)

TRANSCRIPT ORDER as to Federal Defendants Steven Braverman, Marcia L. Fudge, Keith Harris, Denis Richard McDonough DCN number: 2:22-cv-3857-DOC-JEM for Court Smart (CS). (Avallone, Zachary) (Entered: 09/20/2023)

TRANSCRIPT ORDER as to Defendant HACLA for Court Smart (CS). Court will contact Jody Carlin at jcarlin@wshblaw.com with further instructions regarding this order. Transcript preparation will not begin until payment has been satisfied with the transcription company. (Smith, Keith) (Entered: 09/20/2023)

STIPULATION to Continue Supplemental Briefing Schedule from September 29, 2023 to October 6, 2023 Re: Order on Motion to Dismiss Case,,,,,,,,, Motion Hearing,, 75 filed by Plaintiffs Samuel Castellanos, Does, Billy Edwards, Joseph Fields, Lavon Johnson, Jessica Miles, National Veterans Foundation, Joshua Robert Petitt, Jeffrey Powers, Deavin Sessom, Naryan Stibbie, Glenn Surrette, Laurieann Wright. (Attachments: # 1 [Proposed] Order Granting Joint Stipulation to Continue Supplemental Briefing Schedule)(Du, Tommy) (Entered: 09/21/2023)

ORDER by Judge David O. Carter, Granting Joint Stipulation to Continue Supplemental Briefing Schedule 78 . The Court hereby orders as follows: the supplemental briefs on the motions to dismiss shall be filed on or before October 6, 2023. (twdb) (Entered: 09/25/2023)

Notice of Appearance or Withdrawal of Counsel: for attorney Mark D Rosenbaum counsel for Plaintiffs Sharday Anyadiegwu, Samuel Castellanos, Does, Billy Edwards, Joseph Fields, Lavon Johnson, Jessica Miles, National Veterans Foundation, Joshua Robert Petitt, Jeffrey Powers, Deavin Sessom, Naryan Stibbie, Glenn Surrette, Laurieann Wright. Adding Amanda Mangaser Savage as counsel of record for Jeffrey Powers et al. for the reason indicated in the G-123 Notice. Filed by Plaintiff Jeffrey Powers et al.. (Rosenbaum, Mark) (Entered: 09/27/2023)

Notice of Appearance or Withdrawal of Counsel: for attorney Mark D Rosenbaum counsel for Plaintiffs Sharday Anyadiegwu, Samuel Castellanos, Does, Billy Edwards, Joseph Fields, Lavon Johnson, Jessica Miles, National Veterans Foundation, Joshua Robert Petitt, Jeffrey Powers, Deavin Sessom, Naryan Stibbie, Glenn Surrette, Laurieann Wright. Malka Zeefe is no longer counsel of record for the aforementioned party in this case for the reason indicated in the G-123 Notice. Filed by Plaintiff Jeffrey Powers et al.. (Rosenbaum, Mark) (Entered: 09/27/2023)

TRANSCRIPT for proceedings held on 9/18/2023 10:12 a.m. to 3:18 p.m.. Court Reporter/Electronic Court Recorder: BABYKIN COURTHOUSE SERVICES, phone number (626) 963-0566. 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 10/19/2023. Redacted Transcript Deadline set for 10/30/2023. Release of Transcript Restriction set for 12/27/2023. (apr) (Entered: 09/28/2023)

NOTICE OF FILING TRANSCRIPT filed for proceedings 9/18/2023 10:12 a.m. to 3:18 p.m. re Transcript 82 THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (apr) TEXT ONLY ENTRY (Entered: 09/28/2023)

Notice of Filing Transcript

SUPPLEMENT to NOTICE OF MOTION AND MOTION to Dismiss Case Filed by Defendant HUD 49, NOTICE OF MOTION AND MOTION to Dismiss Case 37 (Supplemental Brief) filed by Defendants Steven Braverman, Marcia L. Fudge, Keith Harris, Denis Richard McDonough. (Attachments: # 1 Exhibit A: Transcript Excerpts)(Rosenberg, Brad) (Entered: 10/06/2023)

Notice of Appearance or Withdrawal of Counsel: for attorney Peter E. Perkowski counsel for Amicus Swords to Plowshares. Adding Peter E. Perkowski as counsel of record for Swords to Plowshares for the reason indicated in the G-123 Notice. Filed by Movant and Proposed Amicus Curiae Swords to Plowshares. (Attorney Peter E. Perkowski added to party Swords to Plowshares(pty:am))(Perkowski, Peter) (Entered: 10/06/2023)

NOTICE OF MOTION AND MOTION to File Amicus Brief (Unopposed) filed by Movant and Proposed Amicus Curiae Swords to Plowshares. (Attachments: # 1 Exhibit Proposed Amicus Brief, # 2 Proposed Order) (Perkowski, Peter) (Entered: 10/06/2023)

1 Exhibit Proposed Amicus Brief

View on RECAP

2 Proposed Order

View on RECAP

SUPPLEMENT to NOTICE OF MOTION AND MOTION to Dismiss Plaintiff's First Amended Complaint 51 filed by Defendant HACLA. (Smith, Keith) (Entered: 10/06/2023)

SUPPLEMENT to Plaintiffs' Opposition to Motions to Dismiss filed by Plaintiffs Samuel Castellanos, Does, Billy Edwards, Joseph Fields, Lavon Johnson, Jessica Miles, National Veterans Foundation, Joshua Robert Petitt, Jeffrey Powers, Deavin Sessom, Naryan Stibbie, Glenn Surrette, Laurieann Wright. (Du, Tommy) (Entered: 10/06/2023)

APPENDIX filed by Plaintiffs Samuel Castellanos, Does, Billy Edwards, Joseph Fields, Lavon Johnson, Jessica Miles, National Veterans Foundation, Joshua Robert Petitt, Jeffrey Powers, Deavin Sessom, Naryan Stibbie, Glenn Surrette, Laurieann Wright. Re: Supplemental Briefs (Attachments: # 1 Exhibit Bd. Vet. App. 9817237, 1998 WL 35201968 (June 4, 1998), # 2 Exhibit Bd. Vet. App. 0533845, 2005 WL 3924108 (Dec. 15, 2005), # 3 Exhibit Raines v. Shinseki, 2012 WL 1511697 (Vet. App. Apr. 30, 2012), # 4 Exhibit Bd. Vet. App. 1724432, 2017 WL 3410952 (June 28, 2017), # 5 Exhibit Camacho v. Nicholson, 21 Vet. App. 360 (2007))(Du, Tommy) (Entered: 10/11/2023)

ORDER by Judge David O. Carter: Granting 86 Leave to File Amicus Brief. (twdb) (Entered: 10/17/2023)

NOTICE OF MOTION AND MOTION of Zachary A. Avallone to Withdraw as Attorney filed by Federal Defendants Steven Braverman, Marcia L. Fudge, Keith Harris, Denis Richard McDonough. (Attachments: # 1 Proposed Order) (Avallone, Zachary) (Entered: 10/17/2023)

Amicus Curiae Brief filed filed by Amicus Swords to Plowshares. RE: Order on Motion to File Amicus Brief 91 . (Perkowski, Peter) (Entered: 10/17/2023)

Notice of Appearance or Withdrawal of Counsel: for attorney Zachary Anthony Avallone counsel for Defendants Steven Braverman, Marcia L. Fudge, Keith Harris, Denis Richard McDonough. Zachary A. Avallone is no longer counsel of record for the aforementioned party in this case for the reason indicated in the G-123 Notice. Filed by Federal Defendants Federal Defendants. (Avallone, Zachary) (Entered: 10/18/2023)

ORDER by Judge David O. Carter: Granting 90 Federal Defendants' MOTION for Leave to Withdraw as Zachary A. Avallone as Counsel. Department of Justice attorney Brad Rosenberg will serve as Lead Counsel for Federal Defendants in this matter. Attorney Zachary Anthony Avallone terminated. (twdb) (Entered: 10/18/2023)

MINUTE ORDER IN CHAMBERS by Judge David O. Carter: CALL FOR AMICUS BRIEFING. Requests to appear as amicus curiae and proposed briefs must be received by Friday, November 10, 2023. SEE DOCUMENT FOR FURTHER INFORMATION. (twdb) (Entered: 10/26/2023)