Davis et al v. United States of America et al

Federal Civil Lawsuit California Northern District Court, Case No. 3:16-cv-06258
District Judge James Donato, presiding
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District Judge James Donato
Last Updated July 28, 2025 at 2:28 PM EDT (3.7 months ago) Update UpdateSpaceE-Mail Alert AlertsSpaceJump Jump
Summary

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Parties
No Logo Doris Davis, Plaintiff

Represented by Howard Rubinroit, Esq.

Name Phone Fax E-Mail
Space Howard Joel Rubinroit , howardrubinroit@gmail.com

Represented by National Veterans Legal Services Program

Name Phone Fax E-Mail
Space Barton Frank Stichman +1 202 265 8305

Represented by Sidley Austin LLP

Name Phone Fax E-Mail
Space Logan Perry Brown +1 310 595 9500 +1 310 595 9501 lbrown@sidley.com
Space Ronald Chester Cohen +1 213 896 6000 +1 213 896 6600 rcohen@sidley.com
Space Bradley H. Ellis +1 213 896 6000 +1 213 896 6600 bellis@sidley.com

Represented by Theodora Oringher

Name Phone Fax E-Mail
Space Bradley Dugan bdugan@tocounsel.com
No Logo Marion Grant, Plaintiff

Represented by Unknown Firm

Name Phone Fax E-Mail
Space Howard Joel Rubinroit ,
Space Logan Perry Brown
Space Ronald Chester Cohen
Space Bradley Dugan
Space Bradley H Ellis bhowardellis@gmail.com
Space Barton Frank Stichman
v.
No Logo Ashton B. Carter, Defendant

Represented by Unknown Firm

Name Phone Fax E-Mail
Space James Schwartz
Space Nikhel Suresh Sus
Space Michael Andrew Zee +1 415 436 6646 +1 415 436 6632
No Logo Defense Finance and Accounting Service, Defendant

Represented by Unknown Firm

Name Phone Fax E-Mail
Space James Schwartz
Space Nikhel Suresh Sus
Space Michael Andrew Zee +1 415 436 6646 +1 415 436 6632
United States Department of Defense United States Department of Defense, Defendant
Officially listed as "Department of Defense"

Represented by Unknown Firm

Name Phone Fax E-Mail
Space James Schwartz
Space Nikhel Suresh Sus
Space Michael Andrew Zee +1 415 436 6646 +1 415 436 6632
No Logo Robert A. McDonald, Defendant

Represented by Unknown Firm

Name Phone Fax E-Mail
Space James Schwartz
Space Nikhel Suresh Sus
Space Michael Andrew Zee +1 415 436 6646 +1 415 436 6632
No Logo Teresa A. McKay, Defendant

Represented by Unknown Firm

Name Phone Fax E-Mail
Space James Schwartz
Space Nikhel Suresh Sus
Space Michael Andrew Zee +1 415 436 6646 +1 415 436 6632
No Logo U.S. Department of Veterans Affairs, Defendant

Represented by U.S. Department of Justice Civil Division, Federal Programs Branch

Name Phone Fax E-Mail
Space Nikhel Suresh Sus Nikhel.S.Sus@usdoj.gov

Represented by United States Department of Justice Civil Division, Federal Programs Branch

Name Phone Fax E-Mail
Space James Schwartz james.schwartz@usdoj.gov
Space Michael Andrew Zee m.andrew.zee@usdoj.gov
United States of America United States of America, Defendant

Represented by Unknown Firm

Name Phone Fax E-Mail
Space James Schwartz
Space Nikhel Suresh Sus
Space Michael Andrew Zee +1 415 436 6646 +1 415 436 6632
Attributes
Nature of Suit 899 - Other Statutes: Administrative Procedures Act/Review or Appeal of Agency Decision
Cause Section 05 U.S.C. § 702 Administrative Procedure Act
Jurisdiction U.S. Government Defendant
Case Status closed
Jury Demand None
Timeline
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Legal Document (Payment Possibly Required) 96 Filed: 5/29/2018, Entered: 5/29/2018 Court Filing
ORDER re 94 Stipulation to Transfer Action to Court of Federal Claims. Signed by Judge James Donato on 5/29/2018. (jdlc3S, COURT STAFF) (Filed on 5/29/2018)
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Legal Document (Payment Possibly Required) 95 Filed: 5/22/2018, Entered: 5/22/2018
STATUS REPORT (Joint) by Ashton B. Carter, Defense Finance and Accounting Service, Robert A. McDonald, Teresa A. McKay, U.S. Department of Defense, U.S. Department of Veterans Affairs, United States of America. (Sus, Nikhel) (Filed on 5/22/2018)
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Legal Document (Payment Possibly Required) 94 Filed: 5/22/2018, Entered: 5/22/2018
STIPULATION WITH PROPOSED ORDER TO TRANSFER ACTION TO COURT OF FEDERAL CLAIMS filed by Doris Davis, Marion Grant. (Dugan, Bradley) (Filed on 5/22/2018)
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Blank 93 Filed: 5/7/2018, Entered: 5/7/2018 Court Filing
ORDER. In light of the parties' joint representations at 91 , the initial case management conference is continued to 6/7/2018 at 10:00 AM in San Francisco, Courtroom 11, 19th Floor. Case management statement due 5/31/2018. The parties should advise the Court by 5/24/2018 of the status of pending motions. Signed by Judge James Donato on 5/7/2018. (This is a text-only entry generated by the court. There is no document associated with this entry.) (jdlc3S, COURT STAFF) (Filed on 5/7/2018)
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Legal Document (Payment Possibly Required) 92 Filed: 5/3/2018, Entered: 5/3/2018
JOINT CASE MANAGEMENT STATEMENT filed by Ashton B. Carter, Defense Finance and Accounting Service, Robert A. McDonald, Teresa A. McKay, U.S. Department of Defense, U.S. Department of Veterans Affairs, United States of America. (Zee, Michael) (Filed on 5/3/2018)
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Legal Document (Payment Possibly Required) 91 Filed: 5/3/2018, Entered: 5/3/2018
STIPULATION WITH PROPOSED ORDER to Continue Motion Hearing and Case Management Conference filed by Ashton B. Carter, Defense Finance and Accounting Service, Robert A. McDonald, Teresa A. McKay, U.S. Department of Defense, U.S. Department of Veterans Affairs, United States of America. (Attachments: # 1 Declaration of M. Andrew Zee)(Zee, Michael) (Filed on 5/3/2018)
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Blank 90 Filed: 4/19/2018, Entered: 4/19/2018 Court Filing
ORDER re 89 . At the parties' joint request, the motion hearing on Dkt. No. 75 and the case management conference are continued to 5/10/2018 at 10:00 AM in San Francisco, Courtroom 11, 19th Floor before Judge James Donato. Case management statement due by 5/3/2018. Signed by Judge James Donato on 4/19/2018. (This is a text-only entry generated by the court. There is no document associated with this entry.) (jdlc3S, COURT STAFF) (Filed on 4/19/2018)
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Legal Document (Payment Possibly Required) 89 Filed: 4/18/2018, Entered: 4/18/2018
STIPULATION WITH PROPOSED ORDER to Continue Motion Hearing and Case Management Conference filed by Ashton B. Carter, Defense Finance and Accounting Service, Robert A. McDonald, Teresa A. McKay, U.S. Department of Defense, U.S. Department of Veterans Affairs, United States of America. (Attachments: # 1 Declaration of M. Andrew Zee)(Zee, Michael) (Filed on 4/18/2018)
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Blank 88 Filed: 4/11/2018, Entered: 4/11/2018 Court Filing
ORDER CONTINUING HEARING. The motion hearing on 75 and the case management conference are continued to 4/26/2018 at 10:00 AM in San Francisco, Courtroom 11, 19th Floor before Judge James Donato. Case management statement due by 4/19/2018. Signed by Judge James Donato on 4/11/2018. (This is a text-only entry generated by the court. There is no document associated with this entry.) (jdlc3S, COURT STAFF) (Filed on 4/11/2018)
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Legal Document (Payment Possibly Required) 87 Filed: 3/16/2018, Entered: 3/16/2018
REPLY (re 75 MOTION to Dismiss for Lack of Jurisdiction MOTION for Judgment on the Pleadings MOTION to Strike ) filed byAshton B. Carter, Defense Finance and Accounting Service, Robert A. McDonald, Teresa A. McKay, U.S. Department of Defense, U.S. Department of Veterans Affairs, United States of America. (Sus, Nikhel) (Filed on 3/16/2018)
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Legal Document (Payment Possibly Required) 86 Filed: 3/7/2018, Entered: 3/7/2018
Request for Judicial Notice IN SUPPORT OF OPPOSITION TO DEFENDANTS MOTION TO DISMISS OR ALTERNATIVELY, FOR PARTIAL JUDGMENT ON THE PLEADINGS AND TO STRIKE CLASS ALLEGATIONS filed byDoris Davis, Marion Grant. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Dugan, Bradley) (Filed on 3/7/2018)
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Legal Document (Payment Possibly Required) 85 Filed: 3/7/2018, Entered: 3/7/2018
OPPOSITION/RESPONSE (re 75 MOTION to Dismiss for Lack of Jurisdiction MOTION for Judgment on the Pleadings MOTION to Strike ) filed byDoris Davis, Marion Grant. (Attachments: # 1 Declaration of Bradley J. Dugan, # 2 Exhibit A to Dugan's Declaration)(Cohen, Ronald) (Filed on 3/7/2018)
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Blank 84 Filed: 3/2/2018, Entered: 3/2/2018 Court Filing
ORDER re 82 . Plaintiffs are directed to submit an opposition to the motion at 75 that does not exceed 15 pages, as set out in the Court's standing orders. The opposition is due by 3/7/2018. Signed by Judge James Donato on 3/2/2018. (This is a text-only entry generated by the court. There is no document associated with this entry.) (jdlc3S, COURT STAFF) (Filed on 3/2/2018)
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Legal Document (Payment Possibly Required) 83 Filed: 3/2/2018, Entered: 3/2/2018
OPPOSITION/RESPONSE (re 82 ADMINISTRATIVE MOTION to Strike Plaintiffs' Opposition Brief re 80 Opposition/Response to Motion ) filed byDoris Davis, Marion Grant. (Attachments: # 1 Declaration of Bradley J. Dugan, # 2 Exhibit A to Bradley J. Dugan's Declaration, # 3 Proposed Order)(Dugan, Bradley) (Filed on 3/2/2018)
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Legal Document (Payment Possibly Required) 82 Filed: 2/26/2018, Entered: 2/26/2018
ADMINISTRATIVE MOTION to Strike Plaintiffs' Opposition Brief re 80 Opposition/Response to Motion filed by Ashton B. Carter, Defense Finance and Accounting Service, Robert A. McDonald, Teresa A. McKay, U.S. Department of Defense, U.S. Department of Veterans Affairs, United States of America. Responses due by 3/2/2018. (Attachments: # 1 Declaration of M. Andrew Zee, # 2 Exhibit A, # 3 Proposed Order)(Zee, Michael) (Filed on 2/26/2018)
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Legal Document (Payment Possibly Required) 81 Filed: 2/23/2018, Entered: 2/23/2018
Request for Judicial Notice IN SUPPORT OF OPPOSITION TO DEFENDANTS' MOTION TO DISMISS OR ALTERNATIVELY, FOR PARTIAL JUDGMENT ON THE PLEADINGS AND TO STRIKE CLASS ALLEGATIONS filed byDoris Davis, Marion Grant. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Dugan, Bradley) (Filed on 2/23/2018)
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Legal Document (Payment Possibly Required) 80 Filed: 2/23/2018, Entered: 2/23/2018
OPPOSITION/RESPONSE (re 75 MOTION to Dismiss for Lack of Jurisdiction MOTION for Judgment on the Pleadings MOTION to Strike ) filed byDoris Davis, Marion Grant. (Dugan, Bradley) (Filed on 2/23/2018)
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Blank 79 Filed: 2/8/2018, Entered: 2/8/2018 Court Filing
ORDER. The Court sets a case management conference for 4/19/2018 10:00 AM in San Francisco, Courtroom 11, 19th Floor. Case Management Statement due by 4/12/2018. Signed by Judge James Donato on 2/8/2018. (This is a text-only entry generated by the court. There is no document associated with this entry.) (jdlc3S, COURT STAFF) (Filed on 2/8/2018)
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Blank 78 Filed: 2/8/2018, Entered: 2/8/2018 Court Filing
ORDER re 77 . At the parties' request, the briefing schedule is extended. The motion hearing for Dkt. No. 75 is continued to 4/19/2018 10:00 AM in San Francisco, Courtroom 11, 19th Floor before Judge James Donato. Signed by Judge James Donato on 2/8/2018. (This is a text-only entry generated by the court. There is no document associated with this entry.) (jdlc3S, COURT STAFF) (Filed on 2/8/2018)
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Legal Document (Payment Possibly Required) 77 Filed: 2/5/2018, Entered: 2/5/2018
STIPULATION WITH PROPOSED ORDER TO EXTEND BRIEFING SCHEDULE FOR DEFENDANTS' MOTION TO DISMISS AND TO CONTINUE HEARING DATE filed by Doris Davis, Marion Grant. (Attachments: # 1 Declaration of Bradley J. Dugan)(Dugan, Bradley) (Filed on 2/5/2018)
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Blank 76 Filed: 1/29/2018, Entered: 1/29/2018 Court Filing
CLERK'S NOTICE Continuing Motion Hearing. (This is a text-only entry generated by the court. There is no document associated with this entry.), Set/Reset Deadlines as to 75 MOTION to Dismiss for Lack of Jurisdiction MOTION for Judgment on the Pleadings MOTION to Strike . Motion Hearing set for 3/22/2018 10:00 AM in San Francisco, Courtroom 11, 19th Floor before Judge James Donato. (lrcS, COURT STAFF) (Filed on 1/29/2018)
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Legal Document (Payment Possibly Required) 75 Filed: 1/26/2018, Entered: 1/26/2018 Court Filing
MOTION to Dismiss for Lack of Jurisdiction , MOTION for Judgment on the Pleadings , MOTION to Strike filed by Ashton B. Carter, Defense Finance and Accounting Service, Robert A. McDonald, Teresa A. McKay, U.S. Department of Defense, U.S. Department of Veterans Affairs, United States of America. Motion Hearing set for 3/15/2018 10:00 AM in San Francisco, Courtroom 11, 19th Floor before Judge James Donato. Responses due by 2/9/2018. Replies due by 2/16/2018. (Attachments: # 1 Exhibit Exhibit 1, # 2 Exhibit Exhibit 2, # 3 Proposed Order Proposed Order)(Sus, Nikhel) (Filed on 1/26/2018)
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Legal Document (Payment Possibly Required) 74 Filed: 1/17/2018, Entered: 1/17/2018
NOTICE of Change of Address by Bradley Dugan for Howard Rubinroit (Dugan, Bradley) (Filed on 1/17/2018)
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Legal Document (Payment Possibly Required) 73 Filed: 1/11/2018, Entered: 1/11/2018 Court Filing
Minute Entry for proceedings held before Magistrate Judge Donna M. Ryu: Further telephonic settlement discussions held on 1/11/2018. Matter did not settle. Parties are invited to contact Judge Ryu for further assistance. FTR Time: Not Recorded. Attachment: Civil Conference Minute Order. (ig, COURT STAFF) (Date Filed: 1/11/2018)
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Blank  Filed: 11/17/2017, Entered: 11/17/2017
Set/Reset Hearing re 72 Conference Minute Order: Further telephonic Settlement Conference set for 1/11/2018 02:00 PM before Magistrate Judge Donna M. Ryu (ig, COURT STAFF) (Filed on 11/17/2017)
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Legal Document (Payment Possibly Required) 72 Filed: 11/17/2017, Entered: 11/17/2017 Court Filing
Minute Entry for proceedings held before Magistrate Judge Donna M. Ryu: Further telephonic settlement discussions held on 11/17/2017. The court will host a further settlement conference call on 1/11/2018 2:00 PM California time (please use the same call-in information from today's call). See minute Order for more particulars. FTR Time: Not Recorded. Attachment: Civil Conference Minute Order. (ig, COURT STAFF) (Date Filed: 11/17/2017)
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Legal Document (Payment Possibly Required) 71 Filed: 10/12/2017, Entered: 10/12/2017 Court Filing
Minute Entry for proceedings held before Magistrate Judge Donna M. Ryu: Further telephonic settlement discussions held on 10/12/2017. Judge Ryu will host a further telephonic settlement discussion on 11/17/2017 10:00 AM (California time) (please use the same call-in information from 10/12/2017's call). See minute Order for more particulars. FTR Time: Not Recorded. Attachment: Civil Conference Minute Order. (ig, COURT STAFF) (Date Filed: 10/12/2017)
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Legal Document (Payment Possibly Required) 70 Filed: 9/19/2017, Entered: 9/20/2017 Court Filing
Minute Entry for proceedings held before Magistrate Judge Donna M. Ryu: Further telephonic settlement discussions held on 9/19/2017. Judge Ryu will host a further telephonic settlement discussion on 10/12/2017 3:00 PM (California time). See minute Order for more particulars. FTR Time: Not Recorded. Attachment: Civil Conference Minute Order. (ig, COURT STAFF) (Date Filed: 9/19/2017)
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Blank 69 Filed: 8/30/2017, Entered: 8/30/2017 Court Filing
CLERK'S NOTICE: Notice is hereby given to all parties that Magistrate Judge Donna M. Ryu will convene a settlement conference call. Judge Ryu anticipates that the phone call will last approximately 60 minutes. The conference call shall take place on 9/19/2017 3:00 P.M. Counsel will receive the call-in information via e-mail from Judge Ryu's courtroom deputy. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ig, COURT STAFF) (Filed on 8/30/2017)
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Legal Document (Payment Possibly Required) 68 Filed: 8/24/2017, Entered: 8/25/2017 Court Filing
Minute Entry for proceedings held before Magistrate Judge Donna M. Ryu: Telephonic settlement discussions held on 8/22/2017 and 8/24/2017. Judge Ryu's courtroom deputy will contact counsel with proposed dates for a 60 minute phone call to take place in approximately 3 weeks to discuss the feasibility of Defendants' proposed work. See minute Order for more particulars. FTR Time Not Recorded. Attachment Civil Conference Minute Order. (ig, COURT STAFF) (Date Filed: 8/24/2017)
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Legal Document (Payment Possibly Required) 67 Filed: 8/14/2017, Entered: 8/14/2017 Court Filing
ORDER, Case reassigned to Judge James Donato. Judge Thelton E. Henderson no longer assigned to the case. This case is assigned to a judge who participates in the Cameras in the Courtroom Pilot Project. See General Order 65 and http://cand.uscourts.gov/cameras. Signed by Executive Committee on 8/14/17. (Attachments: # 1 Notice of Eligibility for Video Recording)(haS, COURT STAFF) (Filed on 8/14/2017)
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Legal Document (Payment Possibly Required) 66 Filed: 8/8/2017, Entered: 8/9/2017 Court Filing
Minute Entry for proceedings held before Magistrate Judge Donna M. Ryu: Settlement Conference held on 8/8/2017. Defense shall respond to Plaintiffs' proposal by calling Judge Ryu by 8/22/2017. See minute Order for more particulars. FTR Time Not Recorded. Attachment Civil Conference Minute Order. (ig, COURT STAFF) (Date Filed: 8/8/2017)
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Legal Document (Payment Possibly Required) 65 Filed: 7/25/2017, Entered: 7/25/2017 Court Filing
ORDER continuing case management conference. Joint Case Management Statement due by 8/21/2017. Further Case Management Conference set for 8/28/2017 at 01:30 PM. Signed by Judge Thelton E. Henderson on 07/25/17. (tehlc3, COURT STAFF) (Filed on 7/25/2017)
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Legal Document (Payment Possibly Required) 64 Filed: 7/24/2017, Entered: 7/24/2017
JOINT CASE MANAGEMENT STATEMENT filed by Doris Davis, Marion Grant. (Dugan, Bradley) (Filed on 7/24/2017)
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Legal Document (Payment Possibly Required) 63 Filed: 7/6/2017, Entered: 7/6/2017
STIPULATED PRIVACY ACT PROTECTIVE ORDER by Hon. Thelton E. Henderson; granting 58 Stipulation. (tlS, COURT STAFF) (Filed on 7/6/2017)
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Legal Document (Payment Possibly Required) 62 Filed: 6/29/2017, Entered: 6/29/2017
Supplemental Declaration of Bradley J. Dugan in Support of Stipulated Request to Approve [Proposed] Stipulated Privacy Act Protective Order re 59 Order filed by Doris Davis, Marion Grant. (Related document(s) 59 ) (Dugan, Bradley) (Filed on 6/29/2017)
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Blank  Filed: 6/28/2017, Entered: 6/28/2017
CASE REFERRED to Magistrate Judge Jacqueline Scott Corley for Discovery (ahm, COURT STAFF) (Filed on 6/28/2017)
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Legal Document (Payment Possibly Required) 61 Filed: 6/27/2017, Entered: 6/27/2017 Court Filing
ORDER continuing case management conference and ORDER of reference. Further Case Management Conference is continued to 7/31/2017 at 01:30 PM in Courtroom 12, 19th Floor, San Francisco. Joint Case Management Statement due by 7/24/2017. All discovery disputes are referred to a magistrate judge. Signed by Judge Thelton E. Henderson on 06/27/17. (tehlc3, COURT STAFF) (Filed on 6/27/2017)
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Legal Document (Payment Possibly Required) 60 Filed: 6/26/2017, Entered: 6/26/2017
JOINT CASE MANAGEMENT STATEMENT filed by Doris Davis, Marion Grant. (Dugan, Bradley) (Filed on 6/26/2017)
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Legal Document (Payment Possibly Required) 59 Filed: 6/26/2017, Entered: 6/26/2017 Court Filing
ORDER re: 58 Proposed Protective Order. Supplemental declaration due by 06/29/17. Signed by Judge Thelton E. Henderson on 06/26/17. (tehlc3, COURT STAFF) (Filed on 6/26/2017)
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Legal Document (Payment Possibly Required) 58 Filed: 6/22/2017, Entered: 6/22/2017
STIPULATION WITH [PROPOSED] ORDER re Stipulated Request to Approve [Proposed] Stipulated Privacy Act Protective Order filed by Doris Davis, Marion Grant. (Attachments: #(1) Declaration of Bradley Dugan, #(2) Declaration of M. Andrew Zee, #(3) Exhibit A, #(4) Exhibit B) (Dugan, Bradley) (Filed on 6/22/2017)
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Legal Document (Payment Possibly Required) 57 Filed: 6/6/2017, Entered: 6/6/2017 Court Filing
Order Setting Settlement Conference: Settlement Conference set for 8/8/2017 11:00 AM before Magistrate Judge Donna M. Ryu in Courtroom 4, 3rd Floor, Oakland. Signed by Magistrate Judge Donna M. Ryu on 6/6/17. (ig, COURT STAFF) (Filed on 6/6/2017)
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Legal Document (Payment Possibly Required) 56 Filed: 6/6/2017, Entered: 6/6/2017 Court Filing
Minute Entry for proceedings held before Magistrate Judge Donna M. Ryu: Telephonic pre-settlement discussion held on 6/6/2017. Judge Ryu will convene a settlement conference on 8/8/2017 (scheduling order to follow). See minute Order for more particulars. FTR Time Not Recorded. Attachment Civil Conference Minute Order. (ig, COURT STAFF) (Date Filed: 6/6/2017)
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Legal Document (Payment Possibly Required) 55 Filed: 6/5/2017, Entered: 6/5/2017
ANSWER to Complaint byAshton B. Carter, Defense Finance and Accounting Service, Robert A. McDonald, Teresa A. McKay, U.S. Department of Defense, U.S. Department of Veterans Affairs, United States of America. (Zee, Michael) (Filed on 6/5/2017)
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Legal Document (Payment Possibly Required) 54 Filed: 6/2/2017, Entered: 6/2/2017
NOTICE of Change In Counsel by Bradley Dugan (withdrawal of Bradley H. Ellis) (Dugan, Bradley) (Filed on 6/2/2017)
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Blank  Filed: 5/22/2017, Entered: 5/22/2017
CASE REFERRED to Magistrate Judge Donna M. Ryu for Settlement. (mklS, COURT STAFF) (Filed on 5/22/2017)
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Blank 53 Filed: 5/19/2017, Entered: 5/19/2017 Court Filing
CLERK'S NOTICE: Notice is hereby given to all parties that Magistrate Judge Donna M. Ryu will convene a pre-settlement conference call to discuss timing and preparation for an in-person settlement conference. Judge Ryu anticipates that the phone call will last approximately 30 minutes. The conference call shall take place on 6/6/2017 11:00AM. Lead Counsel for all parties shall participate. Counsel will receive the call-in information via e-mail from Judge Ryu's courtroom deputy. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ig, COURT STAFF) (Filed on 5/19/2017)
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Legal Document (Payment Possibly Required) 52 Filed: 5/19/2017, Entered: 5/19/2017
NOTICE of Appearance by Nikhel Suresh Sus as Counsel for Defendants (Sus, Nikhel) (Filed on 5/19/2017)
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Legal Document (Payment Possibly Required) 51 Filed: 5/19/2017, Entered: 5/19/2017 Court Filing
ORDER REFERRING CASE to Magistrate Judge Donna M. Ryu for Early SettlementConference. Signed by Judge Thelton E. Henderson on 5/19/2017. (tlS, COURT STAFF) (Filed on 5/19/2017)
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Legal Document (Payment Possibly Required) 50 Filed: 5/15/2017, Entered: 5/15/2017
Minute Entry for proceedings held before Hon. Thelton E. Henderson: Initial Case Management Conference held on 5/15/2017. Case Management Statement due by 6/26/2017. Further Case Management Conference set for 6/29/2017 03:00 PM in Courtroom 12, 19th Floor, San Francisco.Total Time in Court 30 minutes. Not Reported. Plaintiff Attorney Ronald Cohen, Bradley Dugan, Barton Stichman. Defendant Attorney M. Andrew Lee. Attachment Civil Minutes.(tlS, COURT STAFF) (Date Filed: 5/15/2017) Modified on 5/15/2017 (tlS, COURT STAFF).
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Legal Document (Payment Possibly Required) 49 Filed: 5/9/2017, Entered: 5/9/2017 Court Filing
ORDER by Judge Thelton E. Henderson granting in part and denying in part 38 Defendants' motion to dismiss and denying 42 Defendants' motion to stay discovery. (tehlc3, COURT STAFF) (Filed on 5/9/2017)
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Legal Document (Payment Possibly Required) 48 Filed: 5/8/2017, Entered: 5/8/2017
UPDATED JOINT CASE MANAGEMENT STATEMENT AND [PROPOSED] ORDER filed by Doris Davis, Marion Grant. (Cohen, Ronald) (Filed on 5/8/2017)
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Legal Document (Payment Possibly Required) 47 Filed: 4/28/2017, Entered: 4/28/2017
REPLY (re 38 MOTION to Dismiss for Lack of Jurisdiction ) filed by Ashton B. Carter, Defense Finance and Accounting Service, Robert A. McDonald, Teresa A. McKay, U.S. Department of Defense, U.S. Department of Veterans Affairs, United States of America. (Attachments: #(1) Declaration of Jerome Dunnigan, #(2) Exhibit A) (Zee, Michael) (Filed on 4/28/2017)
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Legal Document (Payment Possibly Required) 46 Filed: 4/10/2017, Entered: 4/10/2017
NOTICE of Substitution of Counsel by Michael Andrew Zee (Zee, Michael) (Filed on 4/10/2017)
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Legal Document (Payment Possibly Required) 45 Filed: 4/7/2017, Entered: 4/7/2017
OPPOSITION/RESPONSE to (re 38 MOTION to Dismiss for Lack of Jurisdiction) filed by Doris Davis, Marion Grant. (Attachments: # 1 Declaration of Doris Davis, # 2 Declaration of Marion Grant with Exhibit A)(Cohen, Ronald) (Filed on 4/7/2017)
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Legal Document (Payment Possibly Required) 44 Filed: 4/7/2017, Entered: 4/7/2017
REPLY (re 42 MOTION to Stay Discovery) filed by Ashton B. Carter, Defense Finance and Accounting Service, Robert A. McDonald, Teresa A. McKay, U.S. Department of Defense, U.S. Department of Veterans Affairs, United States of America. (Schwartz, James) (Filed on 4/7/2017)
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Legal Document (Payment Possibly Required) 43 Filed: 3/31/2017, Entered: 3/31/2017
OPPOSITION/RESPONSE to (re 42 MOTION to Stay Discovery) filed by Doris Davis, Marion Grant. (Attachments: #(1) Declaration of Bradley Dugan, #(2) Exhibit A, #(3) Exhibit B, #(4) Exhibit C)(Dugan, Bradley) (Filed on 3/31/2017)
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Legal Document (Payment Possibly Required) 42 Filed: 3/17/2017, Entered: 3/17/2017
MOTION to Stay Discovery filed by Ashton B. Carter, Defense Finance and Accounting Service, Robert A. McDonald, Teresa A. McKay, U.S. Department of Defense, U.S. Department of Veterans Affairs, United States of America. Motion Hearing set for 5/15/2017 10:00 AM in Courtroom 12, 19th Floor, San Francisco before Hon. Thelton E. Henderson. Responses due by 3/31/2017. Replies due by 4/7/2017. (Attachments: #(1) [Proposed] Order)(Schwartz, James) (Filed on 3/17/2017)
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Blank  Filed: 3/14/2017, Entered: 3/14/2017
Set/Reset Deadlines:, Set/Reset Hearing re 41 Order on Stipulation Joint Case Management Statement due by 5/8/2017. Initial Case Management Conference reset to 5/15/2017 01:30 PM in Courtroom 12, 19th Floor, San Francisco. (tlS, COURT STAFF) (Filed on 3/14/2017) Modified on 3/14/2017 (tlS, COURT STAFF).
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Blank  Filed: 3/14/2017, Entered: 3/14/2017
Set/Reset Deadlines as to 38 MOTION to Dismiss for Lack of Jurisdiction . Opposition due by 4/7/2017. Reply due by 4/28/2017. Motion Hearing set for 5/15/2017 10:00 AM in Courtroom 2, 17th Floor, San Francisco before Hon. Thelton E. Henderson. (tlS, COURT STAFF) (Filed on 3/14/2017)
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Legal Document (Payment Possibly Required) 41 Filed: 3/14/2017, Entered: 3/14/2017
STIPULATION AND ORDER RE: BRIEFING SCHEDULE FOR DEFEDANTS' MOTION TO DISMISS by Hon. Thelton E. Henderson; granting 40 Joint Stipulation. (tlS, COURT STAFF) (Filed on 3/14/2017)
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Legal Document (Payment Possibly Required) 40 Filed: 3/9/2017, Entered: 3/9/2017
STIPULATION WITH [PROPOSED] ORDER RE: BRIEFING SCHEDULE FOR DEFENDANTS' MOTION TO DISMISS filed by Doris Davis, Marion Grant. (Attachments: #(1) Declaration)(Dugan, Bradley) (Filed on 3/9/2017)
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Blank 39 Filed: 3/9/2017, Entered: 3/9/2017
CLERK'S NOTICE Continuing Initial Case Management Conference. Due to the unavailability of the Court, the Initial Case Management Conference previously scheduled for Monday, 3/6/2017, has been rescheduled to Monday, 5/8/2017 at 1:30 PM before the Honorable Thelton E. Henderson. Updated Joint Case Management Statement due by 5/1/2017. Initial Case Management Conference reset to 5/8/2017 01:30 PM in Courtroom 12, 19th Floor, San Francisco.. (This is a text-only entry generated by the court. There is no document associated with this entry.) (tlS, COURT STAFF) (Filed on 3/9/2017)
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Legal Document (Payment Possibly Required) 38 Filed: 3/2/2017, Entered: 3/2/2017
MOTION to Dismiss for Lack of Jurisdiction filed by Ashton B. Carter, Defense Finance and Accounting Service, Robert A. McDonald, Teresa A. McKay, U.S. Department of Defense, U.S. Department of Veterans Affairs, United States of America. Motion Hearing set for 4/3/2017 10:00 AM in Courtroom 12, 19th Floor, San Francisco before Hon. Thelton E. Henderson. Responses due by 3/16/2017. Replies due by 3/23/2017. (Attachments: #(1) Exhibit 1, #(2) Proposed Order)(Schwartz, James) (Filed on 3/2/2017)
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Legal Document (Payment Possibly Required) 37 Filed: 3/1/2017, Entered: 3/1/2017
ORDER GRANTING APPLICATION FOR ADMISSION OF ATTORNEY PRO HAC VICE by Hon. Thelton E. Henderson; granting 36 Motion for Pro Hac Vice for attorney Barton F. Stichman. (tlS, COURT STAFF) (Filed on 3/1/2017)
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Legal Document (Payment Possibly Required) 36 Filed: 3/1/2017, Entered: 3/1/2017
MOTION for Leave to Appear in Pro Hac Vice, (Filing Fee: $310.00, receipt number 0971-11191861), (Filing Fee previously paid on 2/28/2017) filed by Doris Davis, Marion Grant. (Attachments: #(1) Certificate of Good Standing (BFS)) (Stichman, Barton) (Filed on 3/1/2017)
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Blank 35 Filed: 2/28/2017, Entered: 2/28/2017
ADR Remark: The ADR Unit is in receipt of Document No 32 Notice of Need for ADR Phone Conference filed on February 27, 2017. Because of the late filed Notice of Need, the ADR Unit is unable to schedule an ADR Phone Conference to take place prior to the case management conference date of March 6, 2017. (This is a text-only entry generated by the court. There is no document associated with this entry.)(cmf, COURT STAFF) (Filed on 2/28/2017) Modified on 2/28/2017 (cmf, COURT STAFF).
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Legal Document (Payment Possibly Required) 34 Filed: 2/28/2017, Entered: 2/28/2017
MOTION for Leave to Appear in Pro Hac Vice, (Filing Fee: $310.00, receipt number 0971-11191861) filed by Doris Davis, Marion Grant. (Stichman, Barton) (Filed on 2/28/2017)
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Legal Document (Payment Possibly Required) 33 Filed: 2/27/2017, Entered: 2/27/2017
JOINT CASE MANAGEMENT STATEMENT AND [PROPOSED] ORDER filed by Doris Davis, Marion Grant. (Cohen, Ronald) (Filed on 2/27/2017)
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Legal Document (Payment Possibly Required) 32 Filed: 2/27/2017, Entered: 2/27/2017
NOTICE of need for ADR Phone Conference (ADR L.R. 3-5 d) (Cohen, Ronald) (Filed on 2/27/2017)
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Legal Document (Payment Possibly Required) 31 Filed: 2/27/2017, Entered: 2/27/2017
ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options by Marion Grant (Dugan, Bradley) (Filed on 2/27/2017)
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Legal Document (Payment Possibly Required) 30 Filed: 2/27/2017, Entered: 2/27/2017
ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options by Doris Davis (Dugan, Bradley) (Filed on 2/27/2017)
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Legal Document (Payment Possibly Required) 29 Filed: 2/22/2017, Entered: 2/22/2017
ADR Clerk's Notice re: Non-Compliance with Court Order (ewh, COURT STAFF) (Filed on 2/22/2017)
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Legal Document (Payment Possibly Required) 28 Filed: 1/3/2017, Entered: 1/3/2017
STIPULATION AND ORDER EXTENDING DEADLINE TO FILE A RESPONSE TO PLAINTIFFS' COMPLAINT by Hon. Thelton E. Henderson granting 27 Stipulation.(tlS, COURT STAFF) (Filed on 1/3/2017)
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Legal Document (Payment Possibly Required) 27 Filed: 12/30/2016, Entered: 12/30/2016
STIPULATION WITH PROPOSED ORDER re 1 Complaint, Stipulation to Exend Time to Respond to Complaint filed by Ashton B. Carter, Defense Finance and Accounting Service, Robert A. McDonald, Teresa A. McKay, U.S. Department of Defense, U.S. Department of Veterans Affairs, United States Of America. (Attachments: # 1 Declaration, # 2 Proposed Order)(Schwartz, James) (Filed on 12/30/2016)
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Legal Document (Payment Possibly Required) 26 Filed: 12/21/2016, Entered: 12/21/2016
NOTICE of Appearance by James Schwartz (Schwartz, James) (Filed on 12/21/2016)
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Legal Document (Payment Possibly Required) 25 Filed: 12/2/2016, Entered: 12/2/2016
Proof of Service of Civil Standing Order for the Honorable Thelton E. Henderson filed by Doris Davis, Marion Grant. (Dugan, Bradley) (Filed on 12/2/2016)
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Legal Document (Payment Possibly Required) 24 Filed: 12/1/2016, Entered: 12/1/2016
Proof of Service of Related Case Order and Order Reassigning Case filed by Doris Davis, Marion Grant. (Attachments: #(1) Exhibit)(Dugan, Bradley) (Filed on 12/1/2016)
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Blank 23 Filed: 12/1/2016, Entered: 12/1/2016 Court Filing
CLERK'S NOTICE ON REASSIGNMENT. You are noticed that the Court has scheduled an Initial Case Management Conference before Judge Thelton E. Henderson upon reassignment. Joint Case Management Statement due by 2/27/2017. Initial Case Management Conference set for 3/6/2017 01:30 PM in Courtroom 12, 19th Floor, San Francisco. For a copy of Judge Henderson's Standing Order and other information, please refer to the Court's website at www.cand.uscourts.gov. . (This is a text-only entry generated by the court. There is no document associated with this entry.) (tlS, COURT STAFF) (Filed on 12/1/2016)
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Legal Document (Payment Possibly Required) 22 Filed: 12/1/2016, Entered: 12/1/2016
ORDER REASSIGNING CASE. Case reassigned to Hon. Thelton E. Henderson for all further proceedings pursuant to Related Case Order. This case is assigned to a judge who participates in the Cameras in the Courtroom Pilot Project. See General Order 65 and http://cand.uscourts.gov/cameras. Hon. Beth Labson Freeman no longer assigned to the case. (Attachments: # 1 Notice of Eligibility for Video Recording)(bwS, COURT STAFF) (Filed on 12/1/2016)
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Legal Document (Payment Possibly Required) 21 Filed: 11/30/2016, Entered: 11/30/2016 Court Filing
ORDER RELATING CASE(s): C-86-6160 TEH and C-16-6258 BLF... Signed by Judge Thelton E. Henderson on 11/30/2016. (tlS, COURT STAFF) (Filed on 11/30/2016)
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Legal Document (Payment Possibly Required) 20 Filed: 11/23/2016, Entered: 11/23/2016
NOTICE by Doris Davis, Marion Grant (Notice of Lodging) (Attachments: # 1 Exhibit A, # 2 Certificate/Proof of Service)(Dugan, Bradley) (Filed on 11/23/2016)
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Blank 19 Filed: 11/17/2016, Entered: 11/17/2016
CLERK'S NOTICE RESETTING CASE MANAGEMENT CONFERENCE FOLLOWING REASSIGNMENT. Joint Case Management Statement due by 2/23/2017. Case Management Conference set for 3/02/2017 11:00 AM in Courtroom 3, 5th Floor, San Jose before Hon. Beth Labson Freeman. All other deadlines associated with the initial case management conference are adjusted accordingly. The Court does not issue a revised Initial Case Management Scheduling Order with ADR Deadlines. Standing orders can be downloaded from the court's web page at www.cand.uscourts.gov/blf This is a text only docket entry, there is no document associated with this notice. (tshS, COURT STAFF) (Filed on 11/17/2016)
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Legal Document (Payment Possibly Required) 18 Filed: 11/15/2016, Entered: 11/15/2016 Court Filing
ORDER REASSIGNING CASE. Case reassigned to Hon. Beth Labson Freeman for all further proceedings. This case is assigned to a judge who participates in the Cameras in the Courtroom Pilot Project. See General Order 65 and http://cand.uscourts.gov/cameras. Magistrate Judge Howard R. Lloyd remains as referral judge assigned to case. Reassignment Order signed by Executive Committee on 11/15/2016. (Attachments: # 1 Notice of Eligibility for Video Recording)(bwS, COURT STAFF) (Filed on 11/15/2016)
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Blank 17 Filed: 11/15/2016, Entered: 11/15/2016 Court Filing
CLERK'S NOTICE OF IMPENDING REASSIGNMENT TO A U.S. DISTRICT COURT JUDGE: The Clerk of this Court will now randomly reassign this case to a District Judge because either (1) a party has not consented to the jurisdiction of a Magistrate Judge, or (2) time is of the essence in deciding a pending judicial action for which the necessary consents to Magistrate Judge jurisdiction have not been secured. You will be informed by separate notice of the district judge to whom this case is reassigned. ALL HEARING DATES PRESENTLY SCHEDULED BEFORE THE CURRENT MAGISTRATE JUDGE ARE VACATED AND SHOULD BE RE-NOTICED FOR HEARING BEFORE THE JUDGE TO WHOM THIS CASE IS REASSIGNED. This is a text only docket entry; there is no document associated with this notice. (pmc, COURT STAFF) (Filed on 11/15/2016)
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Legal Document (Payment Possibly Required) 16 Filed: 11/14/2016, Entered: 11/14/2016 Court Filing
CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Doris Davis, Marion Grant.. (Dugan, Bradley) (Filed on 11/14/2016)
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Legal Document (Payment Possibly Required) 15 Filed: 11/10/2016, Entered: 11/10/2016
Summons Issued as to Teresa A McKay, U.S. Attorney and U.S. Attorney General (dhmS, COURT STAFF) (Filed on 11/10/2016)
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Legal Document (Payment Possibly Required) 14 Filed: 11/10/2016, Entered: 11/10/2016
Summons Issued as to Ashton B Carter, U.S. Attorney and U.S. Attorney General (dhmS, COURT STAFF) (Filed on 11/10/2016)
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Legal Document (Payment Possibly Required) 13 Filed: 11/10/2016, Entered: 11/10/2016
Summons Issued as to Robert A. McDonald, U.S. Attorney and U.S. Attorney General (dhmS, COURT STAFF) (Filed on 11/10/2016)
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Legal Document (Payment Possibly Required) 12 Filed: 11/10/2016, Entered: 11/10/2016
Summons Issued as to Defense Finance and Accounting Service, U.S. Attorney and U.S. Attorney General (dhmS, COURT STAFF) (Filed on 11/10/2016)
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Legal Document (Payment Possibly Required) 11 Filed: 11/10/2016, Entered: 11/10/2016
Summons Issued as to U.S. Department of Defense, U.S. Attorney and U.S. Attorney General (dhmS, COURT STAFF) (Filed on 11/10/2016)
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Legal Document (Payment Possibly Required) 10 Filed: 11/10/2016, Entered: 11/10/2016
Summons Issued as to U.S. Department of Veterans Affairs, U.S. Attorney and U.S. Attorney General (dhmS, COURT STAFF) (Filed on 11/10/2016)
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Legal Document (Payment Possibly Required) 9 Filed: 11/10/2016, Entered: 11/10/2016
Summons Issued as to United States Of America, U.S. Attorney and U.S. Attorney General (dhmS, COURT STAFF) (Filed on 11/10/2016)
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Legal Document (Payment Possibly Required) 8 Filed: 11/9/2016, Entered: 11/9/2016
Proposed Summons. (Cohen, Ronald) (Filed on 11/9/2016)
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Legal Document (Payment Possibly Required) 7 Filed: 10/31/2016, Entered: 10/31/2016
CLERK'S NOTICE RE INITIAL CASE MANAGEMENT CONFERENCE. Case Management Statement due by 1/24/2017. Initial Case Management Conference set for 1/31/2017 01:30 PM in Courtroom 2, 5th Floor, San Jose. (hrllc2, COURT STAFF) (Filed on 10/31/2016)
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Legal Document (Payment Possibly Required) 6 Filed: 10/31/2016, Entered: 10/31/2016 Court Filing
ORDER REASSIGNING CASE. Case reassigned to Judge Magistrate Judge Howard R. Lloyd for all further proceedings. Judge Magistrate Judge Nathanael M. Cousins no longer assigned to the case. Signed by Judge Executive Committee on 10/31/16. (cfeS, COURT STAFF) (Filed on 10/31/2016)
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Legal Document (Payment Possibly Required) 5 Filed: 10/31/2016, Entered: 10/31/2016 Court Filing
ORDER OF RECUSAL. Signed by Judge Nathanael Cousins on 10/31/2016. (lmh, COURT STAFF) (Filed on 10/31/2016)
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Legal Document (Payment Possibly Required) 4 Filed: 10/31/2016, Entered: 10/31/2016 Court Filing
Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 1/25/2017. Case Management Conference set for 2/1/2017 10:00 AM at the US District Court, 280 S. First St., San Jose, CA 95113 in Courtroom 7, 4th Floor. Signed by Judge Nathanael Cousins on 10/28/16. (srnS, COURT STAFF) (Filed on 10/31/2016)
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Blank 3 Filed: 10/31/2016, Entered: 10/31/2016 Court Filing
Case assigned to Magistrate Judge Nathanael M. Cousins. Counsel for plaintiff or the removing party is responsible for serving the Complaint or Notice of Removal, Summons and the assigned judge's standing orders and all other new case documents upon the opposing parties. For information, visit E-Filing A New Civil Case at http://cand.uscourts.gov/ecf/caseopening.Standing orders can be downloaded from the court's web page at www.cand.uscourts.gov/judges. Upon receipt, the summons will be issued and returned electronically. Counsel is required to send chambers a copy of the initiating documents pursuant to L.R. 5-1(e)(7). A scheduling order will be sent by Notice of Electronic Filing (NEF) within two business days. Consent/Declination due by 11/14/2016. (sv, COURT STAFF) (Filed on 10/31/2016)
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Legal Document (Payment Possibly Required) 2 Filed: 10/28/2016, Entered: 10/28/2016
NOTICE of Appearance by Bradley Dugan (Dugan, Bradley) (Filed on 10/28/2016)
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Legal Document (Payment Possibly Required) 1 Filed: 10/28/2016, Entered: 10/28/2016
CLASS ACTION COMPLAINT for Injunctive & Monetary Relief; Demand for Jury Trial against Ashton B. Carter, Defense Finance and Accounting Service, Robert A. McDonald, Teresa A. McKay, U.S. Department of Defense, U.S. Department of Veterans Affairs, UNITED STATES OF AMERICA, (Filing Fee: $400.00, receipt number 0971-10890118). Filed by Marion Grant, Doris Davis. (Attachments: #(1) Exhibit A, #(2) Civil Cover Sheet) (Cohen, Ronald) (Filed on 10/28/2016)
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