Constance Hanson Poulsen v. Department of Defense et al

Federal Civil Lawsuit California Central District Court, Case No. 2:16-cv-05786
District Judge Dolly M. Gee, presiding
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District Judge Dolly M. Gee
Last Updated June 21, 2026 at 9:31 PM EDT (2.9 weeks ago) Update UpdateSpaceE-Mail Alert AlertsSpaceJump Jump
Summary

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Parties
No Logo Constance Hanson Poulsen, Plaintiff

Represented by Weilbacher & Weilbacher Apc

Name Phone Fax E-Mail
Space Lisa D Walker lisa@weilbacherlaw.com
Space Brian Richard Weilbacher brianweilbacher@weilbacherlaw.com
v.
No Logo California Air National Guard, Defendant

Represented by Unknown Firm

Name Phone Fax E-Mail
Space Michael Gowe +1 510 622 2113 +1 510 622 2121 michael.gowe@doj.ca.gov
Space Kenneth Charles Jones
Space Jennie M Kelly

Represented by California Department of State Hospitals

Name Phone Fax E-Mail
Space Eric Maxwell Fox eric.fox@doj.ca.gov
Space Jennie M Kelly jennie.kelly@doj.ca.gov
No Logo California Military Department, Defendant

Represented by Unknown Firm

Name Phone Fax E-Mail
Space Jennie M Kelly

Represented by California Department of State Hospitals

Name Phone Fax E-Mail
Space Eric Maxwell Fox eric.fox@doj.ca.gov
Space Michael Gowe +1 510 622 2113 +1 510 622 2121 michael.gowe@doj.ca.gov
Space Kenneth Charles Jones +1 213 620 6089 +1 213 897 1071 kenneth.jones@doj.ca.gov
Space Jennie M Kelly jennie.kelly@doj.ca.gov
No Logo Department of Defense of the United States of Ameica, Defendant

Represented by California Department of State Hospitals

Name Phone Fax E-Mail
Space Eric Maxwell Fox eric.fox@doj.ca.gov
Space Jennie M Kelly jennie.kelly@doj.ca.gov

Represented by United States Department of Justice

Name Phone Fax E-Mail
Space Matthew Jimenez Barragan +1 213 894 2444 +1 213 894 7819 Matthew.Barragan@usdoj.gov
No Logo Department Of The Air Force, Defendant

Represented by Unknown Firm

Name Phone Fax E-Mail
Space Matthew Jimenez Barragan
Space Jennie M Kelly

Represented by California Department of State Hospitals

Name Phone Fax E-Mail
Space Jennie M Kelly jennie.kelly@doj.ca.gov

Represented by United States Department of Justice

Name Phone Fax E-Mail
Space Matthew Jimenez Barragan +1 213 894 2444 +1 213 894 7819 Matthew.Barragan@usdoj.gov
No Logo Does, Defendant

Represented by Unknown Firm

Name Phone Fax E-Mail
Space Jennie M Kelly

Represented by California Department of State Hospitals

Name Phone Fax E-Mail
Space Jennie M Kelly jennie.kelly@doj.ca.gov
No Logo National Guard Bureau, Defendant

Represented by Unknown Firm

Name Phone Fax E-Mail
Space Matthew Jimenez Barragan

Represented by United States Department of Justice

Name Phone Fax E-Mail
Space Matthew Jimenez Barragan +1 213 894 2444 +1 213 894 7819 Matthew.Barragan@usdoj.gov
No Logo Secretary of the Air Force, Defendant

Represented by Unknown Firm

Name Phone Fax E-Mail
Space Matthew Jimenez Barragan

Represented by United States Department of Justice

Name Phone Fax E-Mail
Space Matthew Jimenez Barragan +1 213 894 2444 +1 213 894 7819 Matthew.Barragan@usdoj.gov
Other Parties
No Logo Anonymized Party [07B0EB1], Mediator

Represented by Unknown Firm

Name Phone Fax E-Mail
Space Nancy M. Solomon +1 212 326 2106
No Logo Brian Kelly, Consolidated defendant

Represented by Unknown Firm

Name Phone Fax E-Mail
Space Gary S. Balekjian
Space Gary S. Balekjian
Space Michael Gowe +1 510 622 2113 +1 510 622 2121 michael.gowe@doj.ca.gov
Space Michael Gowe +1 510 622 2113 +1 510 622 2121 michael.gowe@doj.ca.gov
Space Kenneth Charles Jones
Space Kenneth Charles Jones

Represented by California Department of State Hospitals

Name Phone Fax E-Mail
Space Gary S Balekjian +1 213 897 2558 +1 213 897 1071 gary.balekjian@doj.ca.gov
Space Eric Maxwell Fox eric.fox@doj.ca.gov
Space Eric Maxwell Fox eric.fox@doj.ca.gov
No Logo State of California, Consolidated defendant

Represented by Unknown Firm

Name Phone Fax E-Mail
Space Michael Gowe +1 510 622 2113 +1 510 622 2121 michael.gowe@doj.ca.gov
Space Kenneth Charles Jones

Represented by California Department of State Hospitals

Name Phone Fax E-Mail
Space Gary S Balekjian +1 213 897 2558 +1 213 897 1071 gary.balekjian@doj.ca.gov
Space Eric Maxwell Fox eric.fox@doj.ca.gov
Attributes
Nature of Suit 442 - Civil Rights: Employment
Cause Unknown
Jurisdiction U.S. Government Defendant
Case Status closed
Jury Demand Both
Anonymization By SCALES
Timeline
  Entries (99) Tab Overlap Calendar Events Tab Overlap Related (0) Tab Overlap Tools Right End
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Legal Document (Payment Possibly Required) 99 Filed: 2/1/2021, Entered: 2/2/2021 Court Filing
ORDER RE DISMISSAL OF ACTION by Judge Dolly M. Gee: Upon Stipulation 98 , IT IS HEREBY ORDERED that Plaintiff's action having been settled and compromised by separate written agreement between the parties, the action is dismissed with prejudice in its entirety. Each party shall bear his, her, or its own costs of suit, attorney's fees and expenses. Plaintiff's Motion to Reopen Case Due to Defendants' Failure to Complete Settlement and Breach of Settlement Agreement 97 is DENIED as moot and the hearing on the motion set for 2/19/2021 is VACATED. (gk)
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Legal Document (Payment Possibly Required) 98 Filed: 1/28/2021, Entered: 1/28/2021
STIPULATION to Dismiss Case pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(ii) filed by Federal Defendants Department of Defense of the United States of Ameica, Department of the Air Force, National Guard Bureau, Secretary of the Air Force. (Attachments: # 1 Proposed Order)(Barragan, Matthew)
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Legal Document (Payment Possibly Required) 97 Filed: 1/14/2021, Entered: 1/14/2021 Court Filing
NOTICE OF MOTION AND MOTION to Reopen Case filed by Plaintiff Constance Hanson Poulsen. Motion set for hearing on 2/19/2021 at 09:30 AM before Judge Dolly M. Gee. (Attachments: # 1 Declaration of Brian R. Weilbacher in Support of Motion to Reopen Case, # 2 Proposed Order) (Walker, Lisa)
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Legal Document (Payment Possibly Required) 91 Filed: 7/19/2020, Entered: 7/19/2020
Joint STIPULATION to Continue Trial and Pre-trial Dates from 01/12/21 to 03/16/21 filed by Plaintiff Constance Hanson Poulsen. (Attachments: # 1 Proposed Order Continuing Pre-Trial and Trial Dates)(Walker, Lisa)
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Legal Document (Payment Possibly Required) 96 Filed: 11/2/2020, Entered: 11/2/2020 Order
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Legal Document (Payment Possibly Required) 89 Filed: 3/27/2020, Entered: 3/27/2020
STIPULATION for Order Continuing Pre-Trial and Trial Dates filed by Federal Defendants Department of Defense of the United States of Ameica, Department of the Air Force, National Guard Bureau, Secretary of the Air Force. (Attachments: # 1 Proposed Order)(Barragan, Matthew)
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Legal Document (Payment Possibly Required) 95 Filed: 10/30/2020, Entered: 10/30/2020 Extension of Time to File Document
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Legal Document (Payment Possibly Required) 94 Filed: 10/15/2020, Entered: 10/15/2020 Minutes of In Chambers Order/Directive - no proceeding held AND ~Util - Terminate Civil Case
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Legal Document (Payment Possibly Required) 93 Filed: 10/14/2020, Entered: 10/14/2020 Settlement
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Legal Document (Payment Possibly Required) 92 Filed: 7/21/2020, Entered: 7/21/2020 ~Util - Set/Reset Deadlines/Hearings AND Order
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Legal Document (Payment Possibly Required) 90 Filed: 4/2/2020, Entered: 4/2/2020 Order
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Legal Document (Payment Possibly Required) 88 Filed: 3/20/2020, Entered: 3/20/2020 Mail returned
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Legal Document (Payment Possibly Required) 87 Filed: 3/18/2020, Entered: 3/18/2020 Mail returned
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Legal Document (Payment Possibly Required) 86 Filed: 3/4/2020, Entered: 3/4/2020 Compel
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Legal Document (Payment Possibly Required) 85 Filed: 2/20/2020, Entered: 2/20/2020 discovery hearing
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Legal Document (Payment Possibly Required) 84 Filed: 2/12/2020, Entered: 2/11/2020 Continue
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Legal Document (Payment Possibly Required) 83 Filed: 2/11/2020, Entered: 2/11/2020 Reply (Motion related)
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Legal Document (Payment Possibly Required) 78 Filed: 1/24/2020, Entered: 1/24/2020
Notice of Appearance or Withdrawal of Counsel: for attorney Kenneth Charles Jones counsel for Defendants California Air National Guard, California Military Department. Adding Kenneth C. Jones as counsel of record for Defendant State of California (acting by and through the California Military Department) and California Air National Guard; and Brian Kelly, an individual for the reason indicated in the G-123 Notice. Filed by Defendants Defendants State of California (acting by and through the California Military Department) and Califonria Air National Guard; and Brian Kelly, an individual. (Jones, Kenneth)
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Legal Document (Payment Possibly Required) 82 Filed: 2/7/2020, Entered: 2/7/2020 Objection/Opposition (Motion related)
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Legal Document (Payment Possibly Required) 77 Filed: 1/24/2020, Entered: 1/24/2020
Notice of Appearance or Withdrawal of Counsel: for attorney Kenneth Charles Jones counsel for Defendants California Air National Guard, California Military Department. Eric Fox is no longer counsel of record for the aforementioned party in this case for the reason indicated in the G-123 Notice. Filed by Defendants Defendants State of California (acting by and through the California Military Department) and Califonria Air National Guard; and Brian Kelly, an individual. (Jones, Kenneth)
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Legal Document (Payment Possibly Required) 81 Filed: 2/6/2020, Entered: 2/6/2020 Continue
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Legal Document (Payment Possibly Required) 76 Filed: 1/24/2020, Entered: 1/24/2020
Notice of Appearance or Withdrawal of Counsel: for attorney Kenneth Charles Jones counsel for Defendants California Air National Guard, California Military Department. Adding Kenneth C. Jones as counsel of record for Defendant State of California (acting by and through the California Military Department) and California Air National Guard; and Brian Kelly, an individual for the reason indicated in the G-123 Notice. Filed by Defendants State of California (acting by and through the California Military Department) and California Air National Guard; and Brian Kelly, an indivual. (Attorney Kenneth Charles Jones added to party California Air National Guard(pty:dft), Attorney Kenneth Charles Jones added to party California Military Department(pty:dft))(Jones, Kenneth)
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Legal Document (Payment Possibly Required) 80 Filed: 2/4/2020, Entered: 2/4/2020 Supplement (Motion related)
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Legal Document (Payment Possibly Required) 79 Filed: 2/4/2020, Entered: 2/4/2020 Objection/Opposition (Motion related)
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Legal Document (Payment Possibly Required) 75 Filed: 1/21/2020, Entered: 1/21/2020 Compel
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Legal Document (Payment Possibly Required) 73 Filed: 11/14/2019, Entered: 11/14/2019
NOTICE OF ERRATA RE STIPULATION AND JOINT REQUEST TO CONTINUE PRE-TRIAL AND TRIAL DATES IN THIS ACTION filed by Federal Defendants Department of Defense of the United States of Ameica, Department of the Air Force, National Guard Bureau, Secretary of the Air Force. (Attachments: # 1 Proposed Order)(Barragan, Matthew)
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Legal Document (Payment Possibly Required) 74 Filed: 11/27/2019, Entered: 11/26/2019 Order
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Legal Document (Payment Possibly Required) 72 Filed: 11/13/2019, Entered: 11/13/2019
STIPULATION to Continue and Joint Request to Continue Pre-Trial and Trial Dates in this Action; Declarations of Brian R. Weilbacher and Eric Fox from April 14, 2020 to June 16, 2020 Re: Pretrial-Trial Scheduling Order - form only, 69 filed by Federal Defendants Department of Defense of the United States of Ameica, Department of the Air Force, National Guard Bureau, Secretary of the Air Force. (Attachments: # 1 Proposed Order)(Barragan, Matthew)
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Legal Document (Payment Possibly Required) 71 Filed: 9/19/2019, Entered: 9/19/2019 Notice of Assignment of Panel Mediator (ADR-11)
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Legal Document (Payment Possibly Required) 70 Filed: 5/1/2019, Entered: 5/1/2019 Order/Referral to ADR (No 2) (Mediation Panel) (ADR-12)Court Filing
ORDER/REFERRAL to ADR Procedure No 2 by Judge Dolly M. Gee. Case ordered to Court Mediation Panel for mediation. ADR Proceeding to be held no later than 2/18/2020. Joint status report re settlement due by 2/25/2020. (gk) (Entered: 05/01/2019)
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Legal Document (Payment Possibly Required) 69 Filed: 5/1/2019, Entered: 5/1/2019 Pretrial-Trial Scheduling Order - form onlyCourt Filing
SCHEDULING AND CASE MANAGEMENT ORDER FOR JURY TRIAL by Judge Dolly M. Gee. The Court deems a Scheduling Conference unnecessary and hereby vacates the hearing. Final Pretrial Conference set for 3/17/2020 02:00 PM before Judge Dolly M. Gee. Jury Trial set for 4/14/2020 08:30 AM before Judge Dolly M. Gee. See document for further details. (Attachments: # 1 Schedule of Pretrial and Trial Dates) (gk) (Entered: 05/01/2019)
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Legal Document (Payment Possibly Required) 68 Filed: 4/23/2019, Entered: 4/24/2019 OrderCourt Filing
ORDER CONTINUING SCHEDULING CONFERENCE 67 by Judge Dolly M. Gee. IT IS HEREBY ORDERED, for the reasons set forth in the parties stipulation, that the Scheduling Conference set for April 26, 2019 is continued to May 17, 2019 at 9:30 a.m. 67 (yl) (Entered: 04/24/2019)
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Legal Document (Payment Possibly Required) 67 Filed: 4/22/2019, Entered: 4/22/2019
STIPULATION to Continue Scheduling Conference from April 26, 2019 to May17, 2019 Re: Initial Order Setting R26 Scheduling Conference - form only 64 filed by Federal Defendants Department of Defense of the United States of Ameica, Department of the Air Force, National Guard Bureau, Secretary of the Air Force. (Attachments: # 1 Proposed Order)(Barragan, Matthew) (Entered: 04/22/2019)
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Legal Document (Payment Possibly Required) 66 Filed: 4/11/2019, Entered: 4/11/2019 Request for ADR Procedure No. 2 - (ADR-1)
REQUEST for ADR Procedure No. 2 filed. Parties request to appear before a neutral selected from the court's Mediation Panel for mediation. Filed by Defendants California Air National Guard, California Military Department, Consol Defendants Brian Kelly, State Of California(Fox, Eric) (Entered: 04/11/2019)
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Legal Document (Payment Possibly Required) 65 Filed: 4/11/2019, Entered: 4/11/2019 Joint Report Rule 26(f) Discovery Plan
JOINT REPORT Rule 26(f) Discovery Plan ; estimated length of trial 7 days, filed by Defendants California Air National Guard, California Military Department, Consol Defendants Brian Kelly, State Of California.. (Fox, Eric) (Entered: 04/11/2019)
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Legal Document (Payment Possibly Required) 64 Filed: 3/13/2019, Entered: 3/13/2019 Initial Order Setting R26 Scheduling Conference - form onlyCourt Filing
SCHEDULING MEETING OF COUNSEL [Fed. R. Civ. P. 16, 26(f)] by Judge Dolly M. Gee. Rule 26 Meeting Report due by 4/12/2019. Scheduling Conference set for 4/26/2019 at 9:30 a.m. (See order for details.) (kti) (Entered: 03/13/2019)
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Legal Document (Payment Possibly Required) 63 Filed: 3/12/2019, Entered: 3/12/2019
ANSWER to Amended Complaint/Petition, 48 filed by Federal Defendants Department of Defense of the United States of Ameica, Department of the Air Force, National Guard Bureau, Secretary of the Air Force.(Barragan, Matthew) (Entered: 03/12/2019)
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Legal Document (Payment Possibly Required) 62 Filed: 3/12/2019, Entered: 3/12/2019
ANSWER to Amended Complaint/Petition, 48 with JURY DEMAND filed by Defendants California Air National Guard, California Military Department, Brian Kelly(official capacity [Defendant in Consolidated Case No. CV 17-06628 DMG (AFMx)]), Brian Kelly(individual capacity [Defendant in Consolidated Case No. CV 17-06628 DMG (AFMx)]), State Of California.(Fox, Eric) (Entered: 03/12/2019)
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Legal Document (Payment Possibly Required) 61 Filed: 2/28/2019, Entered: 3/1/2019 Court Filing
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 59 . 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). Court Reporter: Not Reported. (gk) (Entered: 03/01/2019)
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Legal Document (Payment Possibly Required) 60 Filed: 2/26/2019, Entered: 2/26/2019
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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Legal Document (Payment Possibly Required) 59 Filed: 2/19/2019, Entered: 2/20/2019 Court Filing
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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Legal Document (Payment Possibly Required) 58 Filed: 2/19/2019, Entered: 2/19/2019 Court Filing
MINUTES (IN CHAMBERS) ORDER RE DEFENDANTS' MOTIONS TO DISMISS 51 52 by Judge Dolly M. Gee: In light of the foregoing, the Court DENIES the Federal Defendants' motion to dismiss, GRANTS IN PART and DENIES IN PART the State Defendants' motion to dismiss, and DISMISSES Plaintiff's request for an order educating and/or training Brian Kelly. The Federal and State Defendants shall file their Answer to the FAC within 21 days of the date of this Order. IT IS SO ORDERED. (See order for details.) (kti) (Entered: 02/19/2019)
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Legal Document (Payment Possibly Required) 57 Filed: 10/3/2018, Entered: 10/3/2018 Court Filing
(IN CHAMBERS) ORDER by Judge Dolly M. Gee: The Court finds that Federal Defendants' Motion to Dismiss Plaintiff's First Amended Complaint 51 and Defendants California Military Department and California Air National Guard's Motion to Dismiss Plaintiff's First Amended Complaint 52 presently scheduled for hearing on October 5, 2018, are appropriate for decision without oral argument. Fed. R. Civ. P. 78(b); C.D. L.R. 7-15. Accordingly, the motions are 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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Legal Document (Payment Possibly Required) 56 Filed: 9/21/2018, Entered: 9/21/2018
REPLY in support of NOTICE OF MOTION AND MOTION to Dismiss Plaintiff's First Amended Complaint 51 filed by Defendants Department of Defense of the United States of Ameica, Department of the Air Force, National Guard Bureau, Secretary of the Air Force. (Barragan, Matthew) (Entered: 09/21/2018)
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Legal Document (Payment Possibly Required) 55 Filed: 9/21/2018, Entered: 9/21/2018
REPLY in support NOTICE OF MOTION AND MOTION to Dismiss Plaintiff's First Amended Complaint 52 filed by Defendants California Air National Guard, California Military Department. (Fox, Eric) (Entered: 09/21/2018)
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Legal Document (Payment Possibly Required) 54 Filed: 9/14/2018, Entered: 9/14/2018
Opposition re: NOTICE OF MOTION AND MOTION to Dismiss Plaintiff's First Amended Complaint 52 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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Legal Document (Payment Possibly Required) 53 Filed: 9/14/2018, Entered: 9/14/2018
Opposition re: NOTICE OF MOTION AND MOTION to Dismiss Plaintiff's First Amended Complaint 51 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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Legal Document (Payment Possibly Required) 52 Filed: 8/7/2018, Entered: 8/7/2018 Dismiss (cause or other)Court Filing
NOTICE OF MOTION AND MOTION to Dismiss Plaintiff's First Amended Complaint filed by Defendants 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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Legal Document (Payment Possibly Required) 51 Filed: 8/7/2018, Entered: 8/7/2018 Dismiss (cause or other)Court Filing
NOTICE OF MOTION AND MOTION to Dismiss Plaintiff's First Amended Complaint filed by Federal Defendants Department of Defense of the United States of Ameica, Department of the Air Force, National Guard Bureau, Secretary of the Air Force. Motion set for hearing on 10/5/2018 at 09:30 AM before Judge Dolly M. Gee. (Attachments: # 1 Proposed Order) (Barragan, Matthew) (Entered: 08/07/2018)
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Legal Document (Payment Possibly Required) 50 Filed: 7/23/2018, Entered: 7/23/2018
Notice of Appearance or Withdrawal of Counsel: for attorney Eric Maxwell Fox counsel for Defendant California Military Department. Adding Eric Maxwell Fox as counsel of record for California Military Department; Does 1-50, inclusive for the reason indicated in the G-123 Notice. Filed by Defendant California Military Department; DOES 1-50, inclusive. (Attorney Eric Maxwell Fox added to party California Military Department(pty:dft))(Fox, Eric) (Entered: 07/23/2018)
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Legal Document (Payment Possibly Required) 49 Filed: 7/23/2018, Entered: 7/23/2018
Notice of Appearance or Withdrawal of Counsel: for attorney Eric Maxwell Fox counsel for Defendant Department of Defense of the United States of Ameica. 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 Department of Defense et al. (Fox, Eric) (Entered: 07/23/2018)
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Legal Document (Payment Possibly Required) 48 Filed: 7/17/2018, Entered: 7/17/2018
First AMENDED COMPLAINT against Defendants All Defendants amending Complaint (Attorney Civil Case Opening) 1, filed by Plaintiff Constance Hanson Poulsen (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F)(Walker, Lisa) (Entered: 07/17/2018)
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Legal Document (Payment Possibly Required) 47 Filed: 7/3/2018, Entered: 7/3/2018
Notice of Appearance or Withdrawal of Counsel: for attorney Eric Maxwell Fox counsel for Defendant Department of Defense of the United States of Ameica. Adding Eric M. Fox as counsel of record for Deparetment of Defense of the United States of America, California Military Department and California Air National Guard for the reason indicated in the G-123 Notice. Filed by Defendant Department of Defense of the United States of America, et al.. (Fox, Eric) (Entered: 07/03/2018)
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Legal Document (Payment Possibly Required) 46 Filed: 7/3/2018, Entered: 7/3/2018
Notice of Appearance or Withdrawal of Counsel: for attorney Eric Maxwell Fox counsel for Defendant Department of Defense of the United States of Ameica. 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 Department of Defense of the U.S.A. (Attorney Eric Maxwell Fox added to party Department of Defense of the United States of Ameica(pty:dft))(Fox, Eric) (Entered: 07/03/2018)
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Legal Document (Payment Possibly Required) 45 Filed: 6/26/2018, Entered: 6/26/2018 DismissCourt Filing
ORDER RE DEFENDANTS' MOTION TO DISMISS FOR LACK OF SUBJECT MATTER JURISDICTION 36 37 by Judge Dolly M. Gee: In light of the foregoing, the Court GRANTS Federal Defendants' and State Defendants' motions to dismiss for a lack of subject matter jurisdiction under the Feres doctrine for all monetary claims without prejudice. The Court GRANTS Federal Defendants and State Defendants motions to dismiss Plaintiffs non-monetary claims under Rule 8 with leave to amend. The Court GRANTS Federal Defendants' motion to dismiss, including that for injunctive relief, for Plaintiffs failure to exhaust administrative remedies with leave to amend. Any amended complaint should plead additional facts showing why it is appropriate for the Court to apply equitable tolling or waiver. Plaintiff shall file any amended complaint, or notify Defendants and the Court that she does not intend to amend, within 21 days of this Order. Defendants shall file their response within 21 days after the filing and service of any amended complaint. IT IS SO ORDERED. (See order for details.) (kti) (Entered: 06/26/2018)
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Legal Document (Payment Possibly Required) 44 Filed: 1/25/2018, Entered: 1/25/2018 Court Filing
(IN CHAMBERS) ORDER by Judge Dolly M. Gee: The Court finds that Defendants California Military Department and California Air National Guard's Motion to Dismiss Plaintiff's Complaint 36 and Federal Defendants' Motion to Dismiss 37 presently scheduled for hearing on January 26, 2018, are appropriate for decision without oral argument. Fed. R. Civ. P. 78(b); C.D. L.R. 7-15. Accordingly, the motions are 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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Legal Document (Payment Possibly Required) 43 Filed: 1/17/2018, Entered: 1/17/2018
Defendants' Objections to the Declaration of Plaintiff Constance Hanson-Poulsen Defendants' Reply to Plaintiff's Opposition to Motions to Dismiss re: NOTICE OF MOTION AND MOTION to Dismiss for Lack of Jurisdiction 37, NOTICE OF MOTION AND MOTION to Dismiss Plaintiff's Complaint 36 filed by Defendants California Air National Guard, California Military Department, Department of Defense of the United States of Ameica, Department of the Air Force, Does. (Attorney Jennie M Kelly added to party Department of the Air Force(pty:dft), Attorney Jennie M Kelly added to party Does(pty:dft))(Kelly, Jennie) (Entered: 01/17/2018)
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Legal Document (Payment Possibly Required) 42 Filed: 1/12/2018, Entered: 1/12/2018
REPLY MEMORANDUM IN SUPPORT OF MOTION TO DISMISS NOTICE OF MOTION AND MOTION to Dismiss for Lack of Jurisdiction 37 filed by Defendants Department of Defense of the United States of Ameica, Department of the Air Force, National Guard Bureau, Secretary of the Air Force. (Barragan, Matthew) (Entered: 01/12/2018)
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Legal Document (Payment Possibly Required) 41 Filed: 1/12/2018, Entered: 1/12/2018
REPLY Reply to Plaintiff's Opposition to Defendants' Motion to Dismiss Plaintiff's Federal Complaint filed by Defendants California Air National Guard, California Military Department, Department of Defense of the United States of Ameica. (Kelly, Jennie) (Entered: 01/12/2018)
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Legal Document (Payment Possibly Required) 40 Filed: 1/5/2018, Entered: 1/5/2018
Opposition re: NOTICE OF MOTION AND MOTION to Dismiss for Lack of Jurisdiction 37 filed by Plaintiff Constance Hanson Poulsen. (Attachments: # 1 Declaration of Brian Weilbacher, # 2 Declaration of Constance Poulsen-Hanson)(Walker, Lisa) (Entered: 01/05/2018)
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Legal Document (Payment Possibly Required) 39 Filed: 1/5/2018, Entered: 1/5/2018
Opposition re: NOTICE OF MOTION AND MOTION to Dismiss Plaintiff's Complaint 36 filed by Plaintiff Constance Hanson Poulsen. (Attachments: # 1 Declaration)(Walker, Lisa) (Entered: 01/05/2018)
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Legal Document (Payment Possibly Required) 38 Filed: 12/28/2017, Entered: 12/28/2017
NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: NOTICE OF MOTION AND MOTION to Dismiss Plaintiff's Complaint 36 . 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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Legal Document (Payment Possibly Required) 37 Filed: 12/11/2017, Entered: 12/11/2017 Court Filing
NOTICE OF MOTION AND MOTION to Dismiss for Lack of Jurisdiction filed by Federal Defendants Department of Defense of the United States of Ameica, Department of the Air Force, National Guard Bureau, Secretary of the Air Force. Motion set for hearing on 1/26/2018 at 09:30 AM before Judge Dolly M. Gee. (Attachments: # 1 Declaration of Niki L. Ching, # 2 Declaration of Derrik D.T. Allen, # 3 Proposed Order) (Barragan, Matthew) (Entered: 12/11/2017)
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Legal Document (Payment Possibly Required) 36 Filed: 12/11/2017, Entered: 12/11/2017
NOTICE OF MOTION AND MOTION to Dismiss Plaintiff's Complaint filed by Defendants California Air National Guard, California Military Department, Department of Defense of the United States of Ameica. (Attachments: # 1 Supplement Compendium of Exhibits and Declarations, # 2 Supplement Request for Judicial Notice) (Attorney Jennie M Kelly added to party Department of Defense of the United States of Ameica(pty:dft)) (Kelly, Jennie) (Entered: 12/11/2017)
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Legal Document (Payment Possibly Required) 35 Filed: 10/16/2017, Entered: 10/17/2017 Court Filing
ORDER EXTENDING COMPLAINT RESPONSE DATE 34 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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Legal Document (Payment Possibly Required) 34 Filed: 10/13/2017, Entered: 10/13/2017
STIPULATION for Extension of Time to File Answer to December 11, 2017 re Complaint (Attorney Civil Case Opening) 1 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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Legal Document (Payment Possibly Required) 33 Filed: 9/27/2017, Entered: 9/27/2017
STIPULATION Extending Time to Answer the complaint as to Department of the Air Force answer now due 10/29/2017; Department of Defense of the United States of Ameica answer now due 10/29/2017; Secretary of the Air Force answer now due 10/29/2017; National Guard Bureau answer now due 10/29/2017, filed by Federal Defendants Department of the Air Force; Department of Defense of the United States of Ameica; Secretary of the Air Force; National Guard Bureau.(Attorney Matthew Jimenez Barragan added to party Department of Defense of the United States of Ameica(pty:dft), Attorney Matthew Jimenez Barragan added to party Department of the Air Force(pty:dft), Attorney Matthew Jimenez Barragan added to party National Guard Bureau(pty:dft), Attorney Matthew Jimenez Barragan added to party Secretary of the Air Force(pty:dft))(Barragan, Matthew) (Entered: 09/27/2017)
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Legal Document (Payment Possibly Required) 32 Filed: 9/21/2017, Entered: 9/21/2017
First STIPULATION for Extension of Time to File Answer to October 25, 2017 filed by Defendants California Air National Guard, California Military Department.(Attorney Jennie M Kelly added to party California Air National Guard(pty:dft), Attorney Jennie M Kelly added to party California Military Department(pty:dft))(Kelly, Jennie) (Entered: 09/21/2017)
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Legal Document (Payment Possibly Required) 31 Filed: 7/31/2017, Entered: 7/31/2017
STATUS REPORT filed by Plaintiff Constance Hanson Poulsen. (Walker, Lisa) (Entered: 07/31/2017)
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Legal Document (Payment Possibly Required) 30 Filed: 7/31/2017, Entered: 7/31/2017
PROOF OF SERVICE Executed by Plaintiff Constance Hanson Poulsen, upon Defendant California Air National Guard served on 7/27/2017, answer due 9/25/2017. Service of the Summons and Complaint were executed upon the United States Attorneys Office by delivering a copy to Civil Process Clerk Return Receipt Requested. Executed upon the Attorney Generals Office of the United States by delivering a copy to Return Receipt Requested. Executed upon the officer agency or corporation by delivering a copy to Return Receipt Requested. Service was executed in compliance with California Code of Civil Procedure. Due diligence declaration NOT attached. Registered or certified mail return receipt NOT attached. Original Summons NOT returned. (Walker, Lisa) (Entered: 07/31/2017)
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Legal Document (Payment Possibly Required) 29 Filed: 7/31/2017, Entered: 7/31/2017
PROOF OF SERVICE Executed by Plaintiff Constance Hanson Poulsen, upon Defendant California Military Department served on 7/27/2017, answer due 9/25/2017. Service of the Summons and Complaint were executed upon the United States Attorneys Office by delivering a copy to Civil Process Clerk Return Receipt Requested. Executed upon the Attorney Generals Office of the United States by delivering a copy to Return Receipt Requested. Executed upon the officer agency or corporation by delivering a copy to Return Receipt Requested. Service was executed in compliance with California Code of Civil Procedure. Due diligence declaration NOT attached. Registered or certified mail return receipt NOT attached. Original Summons NOT returned. (Walker, Lisa) (Entered: 07/31/2017)
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Legal Document (Payment Possibly Required) 28 Filed: 7/31/2017, Entered: 7/31/2017
PROOF OF SERVICE Executed by Plaintiff Constance Hanson Poulsen, upon Defendant National Guard Bureau served on 7/27/2017, answer due 9/25/2017. Service of the Summons and Complaint were executed upon the United States Attorneys Office by delivering a copy to Civil Process Clerk Return Receipt Requested. Executed upon the Attorney Generals Office of the United States by delivering a copy to Return Receipt Requested. Executed upon the officer agency or corporation by delivering a copy to Return Receipt Requested. Service was executed in compliance with Federal Rules of Civil Procedure. Due diligence declaration NOT attached. Registered or certified mail return receipt NOT attached. Original Summons NOT returned. (Walker, Lisa) (Entered: 07/31/2017)
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Legal Document (Payment Possibly Required) 27 Filed: 7/31/2017, Entered: 7/31/2017
PROOF OF SERVICE Executed by Plaintiff Constance Hanson Poulsen, upon Defendant Secretary of the Air Force served on 7/27/2017, answer due 9/25/2017. Service of the Summons and Complaint were executed upon the United States Attorneys Office by delivering a copy to Civil Process Clerk Return Receipt Requested. Executed upon the Attorney Generals Office of the United States by delivering a copy to Return Receipt Requested. Executed upon the officer agency or corporation by delivering a copy to Return Receipt Requested. Service was executed in compliance with Federal Rules of Civil Procedure. Due diligence declaration NOT attached. Registered or certified mail return receipt NOT attached. Original Summons NOT returned. (Walker, Lisa) (Entered: 07/31/2017)
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Legal Document (Payment Possibly Required) 26 Filed: 7/31/2017, Entered: 7/31/2017
PROOF OF SERVICE Executed by Plaintiff Constance Hanson Poulsen, upon Defendant Department of the Air Force served on 7/27/2017, answer due 9/25/2017. Service of the Summons and Complaint were executed upon the United States Attorneys Office by delivering a copy to Civil Process Clerk Return Receipt Requested. Executed upon the Attorney Generals Office of the United States by delivering a copy to Return Receipt Requested. Executed upon the officer agency or corporation by delivering a copy to Return Receipt Requested. Service was executed in compliance with Federal Rules of Civil Procedure. Due diligence declaration NOT attached. Registered or certified mail return receipt NOT attached. Original Summons NOT returned. (Walker, Lisa) (Entered: 07/31/2017)
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Legal Document (Payment Possibly Required) 25 Filed: 7/31/2017, Entered: 7/31/2017
PROOF OF SERVICE Executed by Plaintiff Constance Hanson Poulsen, upon Defendant Department of Defense of the United States of Ameica served on 7/27/2017, answer due 9/25/2017. Service of the Summons and Complaint were executed upon the United States Attorneys Office by delivering a copy to Civil Process Clerk Return Receipt Requested. Executed upon the Attorney Generals Office of the United States by delivering a copy to Return Receipt Requested. Executed upon the officer agency or corporation by delivering a copy to Return Receipt Requested. Service was executed in compliance with Federal Rules of Civil Procedure. Due diligence declaration NOT attached. Registered or certified mail return receipt NOT attached. Original Summons NOT returned. (Walker, Lisa) (Entered: 07/31/2017)
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Legal Document (Payment Possibly Required) 24 Filed: 5/17/2017, Entered: 5/17/2017 Court Filing
Effective May 24, 2017, Judge MacKinnon will be located at the Edward R. Roybal Federal Building, COURTROOM 840 on the 8th floor, located at 255 East Temple Street, Los Angeles, California 90012. All Court appearances shall be made in Courtroom 840 of the Roybal Federal Building, and all mandatory chambers copies shall be hand delivered to the judge's mail box located outside the Clerk's Office on the 12th floor of the Roybal Federal Building. The location for filing civil documents in paper format exempted from electronic filing and for viewing case files and other records services remains at the United States Courthouse, 312 North Spring Street, Room G-8, Los Angeles, California 90012. The location for filing criminal documents in paper format exempted from electronic filing remains at the Roybal Federal Building, 255 East Temple Street, Room 178, Los Angeles, California 90012. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (rrp) TEXT ONLY ENTRY (Entered: 05/17/2017)
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Legal Document (Payment Possibly Required) 23 Filed: 5/1/2017, Entered: 5/2/2017 Court Filing
MINUTES (IN CHAMBERS) - ORDER GRANTING FINAL EXTENSION TO COMPLETE SERVICE OF PROCESS by Judge Dolly M. Gee: On November 2, 2016, pursuant to Fed. R. Civ. P. 4(m), the Court ordered Plaintiff to show cause why this action should not be dismissed for lack of prosecution because 90 days had expired since the filing of the complaint and no proof of service had been filed. [Doc. # 10 .] Thereafter, the Court granted Plaintiff Constance Hanson Poulsen two extensions of time within which to complete service of process. [Docs. # 19, # 21 .] Accordingly, IT IS ORDERED that a final 90-day extension is GRANTED to Plaintiff by which to complete service of process and file proof of service; Plaintiff shall file proofs of service by no later than August 1, 2017 indicating that service of process has been completed as to all defendants. Any defendant as to whom a proof of service is not timely filed shall be dismissed for lack of prosecution. See Fed. R. Civ. 4(m). (clee) (Entered: 05/02/2017)
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Legal Document (Payment Possibly Required) 22 Filed: 4/17/2017, Entered: 4/17/2017
STATUS REPORT filed by Plaintiff Constance Hanson Poulsen. (Walker, Lisa) (Entered: 04/17/2017)
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Legal Document (Payment Possibly Required) 21 Filed: 1/20/2017, Entered: 1/20/2017 Court Filing
(IN CHAMBERS) ORDER by Judge Dolly M. Gee. The Court has reviewed Plaintiff's Status Report, filed on January 17, 2017 20 . Plaintiff shall file a further status report by no later than April 17, 2017. IT IS SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (kti) TEXT ONLY ENTRY (Entered: 01/20/2017)
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Legal Document (Payment Possibly Required) 20 Filed: 1/17/2017, Entered: 1/17/2017
STATUS REPORT filed by Plaintiff Constance Hanson Poulsen. (Attachments: # 1 Exhibit A)(Walker, Lisa) (Entered: 01/17/2017)
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Legal Document (Payment Possibly Required) 19 Filed: 11/17/2016, Entered: 11/17/2016 Court Filing
(IN CHAMBERS) ORDER by Judge Dolly M. Gee. The Court has reviewed and considered Plaintiff's response to the Order to Show Cause ("OSC") re dismissal for lack of prosecution 18 . Good cause having been shown, the Court extends the time for service of process by sixty days from the date of this Order. Plaintiff shall file a status report by no later than January 17, 2017 regarding service of process. The OSC is discharged. IT IS SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (kti) TEXT ONLY ENTRY (Entered: 11/17/2016)
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Legal Document (Payment Possibly Required) 18 Filed: 11/16/2016, Entered: 11/16/2016
RESPONSE filed by Plaintiff Constance Hanson Poulsento Minutes of In Chambers Order/Directive - no proceeding held,,, Set/Reset Deadlines,, 10 Declaration of Lisa D. Walker (Walker, Lisa) (Entered: 11/16/2016)
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Legal Document (Payment Possibly Required) 17 Filed: 11/16/2016, Entered: 11/16/2016
21 DAY Summons Issued re Complaint 1 as to Defendant California Air National Guard. (lom) (Entered: 11/16/2016)
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Legal Document (Payment Possibly Required) 16 Filed: 11/16/2016, Entered: 11/16/2016
21 DAY Summons Issued re Complaint 1 as to Defendant California Military Department. (lom) (Entered: 11/16/2016)
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Legal Document (Payment Possibly Required) 15 Filed: 11/16/2016, Entered: 11/16/2016
60 DAY Summons Issued re Complaint 1 as to Defendant National Guard Bureau. (lom) (Entered: 11/16/2016)
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Legal Document (Payment Possibly Required) 14 Filed: 11/16/2016, Entered: 11/16/2016
60 DAY Summons Issued re Complaint 1 as to Defendant Secretary of the Air Force. (lom) (Entered: 11/16/2016)
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Legal Document (Payment Possibly Required) 13 Filed: 11/16/2016, Entered: 11/16/2016
60 DAY Summons Issued re Complaint 1 as to Defendant Department of the Air Force. (lom) (Entered: 11/16/2016)
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Legal Document (Payment Possibly Required) 12 Filed: 11/16/2016, Entered: 11/16/2016
60 DAY Summons Issued re Complaint 1 as to Defendant Department of Defense of the United States of America. (lom) (Entered: 11/16/2016)
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Legal Document (Payment Possibly Required) 11 Filed: 11/11/2016, Entered: 11/11/2016
Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening) 1 filed by Plaintiff Constance Hanson Poulsen. (Walker, Lisa) (Entered: 11/11/2016)
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Legal Document (Payment Possibly Required) 10 Filed: 11/2/2016, Entered: 11/3/2016 Court Filing
MINUTES OF IN CHAMBERS - ORDER TO SHOW CAUSE RE: DISMISSAL FOR LACK OF PROSECUTION by Judge Dolly M. Gee: The Court, on its own motion, orders plaintiff(s) to show cause in writing on or before 11/16/2016 why this action should not be dismissed for lack of prosecution. No oral argument of this matter will be heard unless ordered by the Court. The Order will stand submitted upon the filing of a written response on or before the date upon which a response by plaintiff(s) is due. This action will be dismissed if a written response demonstrating good cause is not filed by the date indicated above. Court Reporter: Not Reported. (gk) (Entered: 11/03/2016)
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Legal Document (Payment Possibly Required) 9 Filed: 10/25/2016, Entered: 10/25/2016 Court Filing
NOTICE TO PARTIES by District Judge Dolly M Gee. Effective October 31, 2016, Judge Gee will be located at the 1st Street Courthouse, COURTROOM 8C on the 8th floor, located at 350 W. 1st Street, Los Angeles, California 90012. All Court appearances shall be made in Courtroom 8C of the 1st Street Courthouse, and all mandatory chambers copies shall be hand delivered to the judge's mail box outside the Clerk's Office on the 4th floor of the 1st Street Courthouse. The location for filing civil documents in paper format exempted from electronic filing and for viewing case files and other records services remains at the United States Courthouse, 312 North Spring Street, Room G-8, Los Angeles, California 90012. The location for filing criminal documents in paper format exempted from electronic filing remains at Edward R. Roybal Federal Building and U.S. Courthouse, 255 East Temple Street, Room 178, Los Angeles, California 90012. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (rrp) TEXT ONLY ENTRY (Entered: 10/25/2016)
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Legal Document (Payment Possibly Required) 8 Filed: 8/5/2016, Entered: 8/5/2016 Court Filing
INITIAL STANDING ORDER upon filing of the complaint by Judge Dolly M. Gee. (clee) (Entered: 08/05/2016)
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Legal Document (Payment Possibly Required) 7 Filed: 8/4/2016, Entered: 8/4/2016
NOTICE OF DEFICIENCIES in Request to Issue Summons RE: Summons Request 3 . The following error(s) was found: Summons is not directed to the defendant(s). The defendants name must appear in the To:section of the summons. The summons cannot be issued until this defect has been corrected. Please correct the defect and re-file your request. (car) (Entered: 08/04/2016)
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Legal Document (Payment Possibly Required) 6 Filed: 8/4/2016, Entered: 8/4/2016
NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (car) (Entered: 08/04/2016)
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Legal Document (Payment Possibly Required) 5 Filed: 8/4/2016, Entered: 8/4/2016 Court Filing
NOTICE OF ASSIGNMENT to District Judge Dolly M. Gee and Magistrate Judge Alexander F. MacKinnon. (car) (Entered: 08/04/2016)
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Legal Document (Payment Possibly Required) 4 Filed: 8/3/2016, Entered: 8/3/2016
NOTICE of Interested Parties filed by Plaintiff Constance Hanson Poulsen, (Walker, Lisa) (Entered: 08/03/2016)
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Legal Document (Payment Possibly Required) 3 Filed: 8/3/2016, Entered: 8/3/2016
Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening) 1 filed by Plaintiff Constance Hanson Poulsen. (Walker, Lisa) (Entered: 08/03/2016)
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Legal Document (Payment Possibly Required) 2 Filed: 8/3/2016, Entered: 8/3/2016
CIVIL COVER SHEET filed by Plaintiff Constance Hanson Poulsen. (Walker, Lisa) (Entered: 08/03/2016)
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Legal Document (Payment Possibly Required) 1 Filed: 8/3/2016, Entered: 8/3/2016
COMPLAINT Receipt No: 0973-18302902 - Fee: $400, filed by Plaintiff Constance Hanson Poulsen. (Attachments: # 1 Exhibit A, # 2 Exhibit B) (Attorney Lisa D Walker added to party Constance Hanson Poulsen(pty:pla))(Walker, Lisa) (Entered: 08/03/2016)
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