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 27 |
Filed: 2/28/2019, Entered: 3/1/2019 |
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MINUTES OF IN CHAMBERS - ORDER CONSOLIDATING CASES by Judge Dolly M. Gee: On 2/19/2019, the Court ordered the parties to show cause why Constance Hanson-Poulsen v. Department of Defense, et al., CV 16-5786-DMG (AFMx), and Constance Hanson-Poulsen v. State of California, et al., CV 17-6628-DMG (AFMx), should not be consolidated 25 . IT IS ORDERED that Case Nos. CV 16-5786-DMG (AFMx) and CV 17-6628-DMG (AFMx) be consolidated into a single action for all purposes under CV 16-5786-DMG (AFMx). IT IS FURTHER ORDERED that CV 17-6628-DMG (AFMx) is administratively closed. All papers previously filed and served to date in CV 17-6628-DMG (AFMx), are deemed to be and hereby are incorporated as part of the record in Case No. CV 16-5786-DMG (AFMx). (Made JS-6. Case Terminated.) Court Reporter: Not Reported. (gk) (Entered: 03/01/2019)
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| 26 |
Filed: 2/26/2019, Entered: 2/26/2019 |
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RESPONSE filed by Plaintiff Constance Hanson-Poulsen Parties' Joint Response Concerning Court's Order to Show Cause re: Consolidation (Walker, Lisa) (Entered: 02/26/2019)
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Filed: 2/19/2019, Entered: 2/20/2019 |
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MINUTES OF IN CHAMBERS - ORDER TO SHOW CAUSE RE CONSOLIDATION OF CASES by Judge Dolly M. Gee: The Court ORDERS the parties to show cause why the two matters [CV 16-05786 DMG (AFMx) and CV 17-06628 DMG (AFMx)] should not be consolidated. The parties shall file a joint response to this Order by 2/26/2019. See document for further details. Court Reporter: Not Reported. (gk) (Entered: 02/20/2019)
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| 24 |
Filed: 2/19/2019, Entered: 2/19/2019 |
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MINUTES OF IN CHAMBERS - ORDER RE DEFENDANTS' MOTION TO DISMISS by Judge Dolly M. Gee: The Court GRANTS IN PART and DENIES IN PART the State Defendants' motion to dismiss 20, DISMISSES Plaintiffs requests for punitive damages and for an order educating and/or training Kelly, and ORDERS the State Defendants to answer the First Amended Complaint within 21 days of the date of this Order. See document for further details. Court Reporter: Not Reported. (gk) (Entered: 02/19/2019)
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| 23 |
Filed: 10/3/2018, Entered: 10/3/2018 |
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(IN CHAMBERS) ORDER by Judge Dolly M. Gee: The Court finds that Defendants' Motion to Dismiss Plaintiff's First Amended Complaint 20 presently scheduled for hearing on October 5, 2018, is appropriate for decision without oral argument. Fed. R. Civ. P. 78(b); C.D. L.R. 7-15. Accordingly, the motion is taken UNDER SUBMISSION and the hearing is vacated. IT IS SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (kti) TEXT ONLY ENTRY (Entered: 10/03/2018)
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| 22 |
Filed: 9/21/2018, Entered: 9/21/2018 |
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REPLY in support NOTICE OF MOTION AND MOTION to Dismiss Plaintiff's First Amended Complaint 20 filed by Defendants California Air National Guard, Brian Kelly, Brian Kelly, State Of California, State of California Military Department. (Attorney Eric Maxwell Fox added to party California Air National Guard(pty:dft), Attorney Eric Maxwell Fox added to party Brian Kelly(pty:dft), Attorney Eric Maxwell Fox added to party Brian Kelly(pty:dft), Attorney Eric Maxwell Fox added to party State Of California(pty:dft))(Fox, Eric) (Entered: 09/21/2018)
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| 21 |
Filed: 9/14/2018, Entered: 9/14/2018 |
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Opposition re: NOTICE OF MOTION AND MOTION to Dismiss Plaintiff's First Amended Complaint 20 filed by Plaintiff Constance Hanson-Poulsen. (Attachments: # 1 Declaration of Brian R. Weilbacher in Support)(Walker, Lisa) (Entered: 09/14/2018)
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| 20 |
Filed: 8/7/2018, Entered: 8/7/2018 |
Dismiss (cause or other) |
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NOTICE OF MOTION AND MOTION to Dismiss Plaintiff's First Amended Complaint filed by Defendants State of California Military Department. Motion set for hearing on 10/5/2018 at 09:30 AM before Judge Dolly M. Gee. (Fox, Eric) (Entered: 08/07/2018)
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| 19 |
Filed: 7/17/2018, Entered: 7/17/2018 |
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First AMENDED COMPLAINT against Defendants California Air National Guard, DOES, Brian Kelly(individual capacity), Brian Kelly(official capacity), State Of California, State of California Military Department amending Complaint - (Discovery) JURY DEMAND, filed by Plaintiff Constance Hanson-Poulsen(Walker, Lisa) (Entered: 07/17/2018)
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| 18 |
Filed: 7/3/2018, Entered: 7/3/2018 |
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Notice of Appearance or Withdrawal of Counsel: for attorney Eric Maxwell Fox counsel for Defendant State of California Military Department. Adding Eric M. Fox as counsel of record for State of California Military Department, California Air National Guard, Brian Kelly and DOES 1-50 for the reason indicated in the G-123 Notice. Filed by Defendants State of California et al.. (Fox, Eric) (Entered: 07/03/2018)
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| 17 |
Filed: 7/3/2018, Entered: 7/3/2018 |
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Notice of Appearance or Withdrawal of Counsel: for attorney Eric Maxwell Fox counsel for Defendant State of California Military Department. Jennie M. Kelly is no longer counsel of record for the aforementioned party in this case for the reason indicated in the G-123 Notice. Filed by Defendant State of California Military Department. (Attorney Eric Maxwell Fox added to party State of California Military Department(pty:dft))(Fox, Eric) (Entered: 07/03/2018)
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| 16 |
Filed: 6/26/2018, Entered: 6/27/2018 |
Dismiss |
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ORDER RE DEFENDANTS' MOTION TO DISMISS FOR A LACK OF SUBJECT MATTER JURISDICTION AND FAILURE TO STATE A CLAIM FOR RELIEF by Judge Dolly M. Gee: State Defendants' Motion to Dismiss for a Lack of Subject Matter Jurisdiction and Failure to State a Claim 10 is GRANTED in part and DENIED in part. The Court GRANTS State Defendants' motion to dismiss without prejudice all monetary claims due to lack subject matter jurisdiction under the Feres doctrine. In addition, the Court dismisses Plaintiff's non-monetary claims under Rule 8 with leave to amend. The State Defendants' motion to dismiss is otherwise DENIED. Plaintiff shall file any amended complaint, or inform Defendants and the Court that she does not intend to amend, within 21 days of the date this Order. Defendants shall file their response with 21 days after the amended complaint is filed and served. (gk) (Entered: 06/27/2018)
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| 15 |
Filed: 1/25/2018, Entered: 1/25/2018 |
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(IN CHAMBERS) ORDER by Judge Dolly M. Gee: The Court finds that Defendants' Motion to Dismiss Plaintiff's Complaint 10 presently scheduled for hearing on January 26, 2018, is appropriate for decision without oral argument. Fed. R. Civ. P. 78(b); C.D. L.R. 7-15. Accordingly, the motion is taken UNDER SUBMISSION and the hearing is vacated. IT IS SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (kti) TEXT ONLY ENTRY (Entered: 01/25/2018)
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| 14 |
Filed: 1/17/2018, Entered: 1/17/2018 |
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Defendants' Objections to the Declaration of Plaintiff Constance Hanson-Poulsen Defendants' Reply to Plaintiff's Oppositions to Defendants' Motions to Dismiss re: NOTICE OF MOTION AND MOTION to Dismiss Plaintiff's Complaint 10 filed by Defendants State Of California, State of California Military Department. (Kelly, Jennie) (Entered: 01/17/2018)
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| 13 |
Filed: 1/12/2018, Entered: 1/12/2018 |
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REPLY Reply to Plaintiff's Opposition to Defendants' Motion to Dismiss Plaintiff's State Law Claims filed by Defendants California Air National Guard, DOES, Brian Kelly, Brian Kelly, State Of California, State of California Military Department. (Kelly, Jennie) (Entered: 01/12/2018)
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| 12 |
Filed: 1/5/2018, Entered: 1/5/2018 |
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Opposition re: NOTICE OF MOTION AND MOTION to Dismiss Plaintiff's Complaint 10 filed by Plaintiff Constance Hanson-Poulsen. (Attachments: # 1 Declaration)(Walker, Lisa) (Entered: 01/05/2018)
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| 11 |
Filed: 12/28/2017, Entered: 12/28/2017 |
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NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: NOTICE OF MOTION AND MOTION to Dismiss Plaintiff's Complaint 10 . The following error(s) was/were found: Hearing information is missing, incorrect, or not timely. Other error(s) with document(s): During the docketing sequence, the filer bypassed the screen to set the motion hearing date. For this one time only, clerk shall set the noticed hearing date of 1/26/2018 at 9:30 AM on calendar. 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. (gk) (Entered: 12/28/2017)
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| 10 |
Filed: 12/11/2017, Entered: 12/11/2017 |
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NOTICE OF MOTION AND MOTION to Dismiss Plaintiff's Complaint filed by Defendants California Air National Guard, DOES, Brian Kelly(individual capacity), Brian Kelly(official capacity), State Of California, State of California Military Department. (Attachments: # 1 Supplement Compendium of Exhibits and Declarations, # 2 Supplement Request for Judicial Notice) (Attorney Jennie M Kelly added to party Brian Kelly(pty:dft)) (Kelly, Jennie) (Entered: 12/11/2017)
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| 9 |
Filed: 10/16/2017, Entered: 10/17/2017 |
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ORDER EXTENDING COMPLAINT RESPONSE DATE 8 by Judge Dolly M. Gee. Defendants' complaint response date in both cases is extended to December 11, 2017. IT IS SO ORDERED. (lom) (Entered: 10/17/2017)
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| 8 |
Filed: 10/13/2017, Entered: 10/13/2017 |
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Second STIPULATION for Extension of Time to File Answer to December 11, 2017 re Complaint - (Discovery) filed by Plaintiff Constance Hanson-Poulsen. (Attachments: # 1 Proposed Order re Extending Complaint Response Date)(Walker, Lisa) (Entered: 10/13/2017)
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| 7 |
Filed: 9/15/2017, Entered: 9/15/2017 |
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First STIPULATION Extending Time to Answer the complaint as to Brian Kelly(individual capacity) answer now due 10/16/2017; State of California Military Department answer now due 10/16/2017; DOES answer now due 10/16/2017; State Of California answer now due 10/16/2017; California Air National Guard answer now due 10/16/2017, filed by Defendants Brian Kelly(individual capacity); State of California Military Department; DOES; State Of California; California Air National Guard.(Attorney Jennie M Kelly added to party California Air National Guard(pty:dft), Attorney Jennie M Kelly added to party DOES(pty:dft), Attorney Jennie M Kelly added to party Brian Kelly(pty:dft), Attorney Jennie M Kelly added to party State Of California(pty:dft), Attorney Jennie M Kelly added to party State of California Military Department(pty:dft))(Kelly, Jennie) (Entered: 09/15/2017)
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| 6 |
Filed: 9/14/2017, Entered: 9/14/2017 |
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ORDER RE TRANSFER PURSUANT TO Local Rule 83-1.3.1 and General Order 16-05 -Related Case- filed. Related Case No: 2:16-cv-05786 DMG(AFMx). Case referred from Magistrate Judge Jacqueline Chooljian to Magistrate Judge Alexander F. MacKinnon for DISCOVERY. The case number will now read as follows: 2:17-cv-06628 DMG(AFMx). Signed by Magistrate Judge Alexander F. MacKinnon. (rn) (Entered: 09/14/2017)
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| 5 |
Filed: 9/12/2017, Entered: 9/12/2017 |
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INITIAL STANDING ORDER upon filing of the complaint by Judge Dolly M. Gee. (iv) (Entered: 09/12/2017)
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| 4 |
Filed: 9/11/2017, Entered: 9/11/2017 |
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NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (jtil) (Entered: 09/11/2017)
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| 3 |
Filed: 9/11/2017, Entered: 9/11/2017 |
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NOTICE OF ASSIGNMENT to District Judge Dolly M. Gee and Magistrate Judge Jacqueline Chooljian. (jtil) (Entered: 09/11/2017)
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Filed: 9/8/2017, Entered: 9/11/2017 |
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CONFORMED COPY OF COMPLAINT filed by Plaintiff Constance Hanson-Poulsen in Ventura Superior Court on 4/20/2017, and attached to Notice of Removal as Exhibit 1. (jtil)
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| 2 |
Filed: 9/8/2017, Entered: 9/8/2017 |
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CIVIL COVER SHEET filed by Movants California Air National Guard, Brian Kelly, State Of California, State of California Military Department, in individual and official capacity. (Balekjian, Gary) (Entered: 09/08/2017)
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| 1 |
Filed: 9/8/2017, Entered: 9/8/2017 |
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NOTICE OF REMOVAL from Ventura, case number 56-2016-00480699-CU-OE-VTA Receipt No: 0973-20475948 - Fee: $400, filed by Constance Hanson-Poulsen Brian Kelly, State of California Military Department, State Of California, in individual and official capacity, California Air National Guard. (Attachments: # 1 Complaint, # 2 Summons, # 3 Process Instructions, # 4 Civil Case Cover Sheet, # 5 Notice of Case Assignment and Mandatory Appearance, # 6 [Proposed] Order, # 7 Minute Order, # 8 Case Management Statement) (Attorney Gary S Balekjian added to party California Air National Guard(pty:bkmov), Attorney Gary S Balekjian added to party Brian Kelly(pty:bkmov), Attorney Gary S Balekjian added to party State Of California(pty:bkmov), Attorney Gary S Balekjian added to party State of California Military Department(pty:bkmov), Attorney Gary S Balekjian added to party in individual and official capacity(pty:bkmov))(Balekjian, Gary) (Entered: 09/08/2017)
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