(PS) Devore v. CDCR, et al.,
| California Eastern District Court | |
| Judge: | Kimberly J Mueller |
| Referred: | Allison Claire |
| Case #: | 2:18-cv-02487 |
| Nature of Suit | 440 Civil Rights - Other Civil Rights |
| Cause | 28:1983 Civil Rights |
| Case Filed: | Sep 13, 2018 |
| Terminated: | Sep 08, 2020 |
| Last checked: Tuesday Mar 12, 2019 2:06 AM PDT |
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Defendant
Howard Lance
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Defendant
Jefferson Sessions
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Defendant
Eugene Tu
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Defendant
Alex Azar, II
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Defendant
Boeing Corporation
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Defendant
Wesley Bush
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Defendant
Digitalglobe/Maxar Satellite Technologies
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Defendant
Marillyn Hewson
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Defendant
Paul Hommert
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Defendant
Lara Saich
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Represented By
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Defendant
Lockheed Martin Corporation
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Defendant
Dennis Muilenburg
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Defendant
NASA Ames Research Center
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Defendant
Northrop Grumman Corporation
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Defendant
Sandia Laboratories
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Defendant
Screened Images Multimedia
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Defendant
Screened Images, Corrections.com
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Defendant
United States Department of Defense
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Defendant
United States Department of Health and Human Services
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Defendant
United States Department of Justice
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Defendant
Duane Essex
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Defendant
Marie Blake
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Defendant
Tim Blake
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Defendant
California Department of Corrections and Rehabilitation
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Represented By
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Defendant
California Occupational Safety and Health Administration
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Defendant
Christopher Gates
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Represented By
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Defendant
Michael Griffin
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Defendant
Janet Lewis
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Represented By
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Defendant
Christine Milne
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Represented By
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Defendant
Joseph Noonan
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Defendant
Laura Noonan
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Plaintiff
Dawn Devore
15171 Victoria Lane
Huntington Beach, CA 92647 |
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| TERMINATED PARTIES | |
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Defendant
Screened Images
Terminated: 11/21/2018
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Defendant
Christopher Wray
Terminated: 11/21/2018
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Defendant
BINJ Laboratories
Terminated: 11/21/2018
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Defendant
California Correctional Health Care Services
Terminated: 11/21/2018
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Defendant
Department of Defense
Terminated: 11/21/2018
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Defendant
Department of Homeland Security
Terminated: 11/21/2018
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Defendant
Department of Justice
Terminated: 11/21/2018
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Represented By
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Defendant
Federal Bureau of Investigations
Terminated: 11/21/2018
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Defendant
Maxar Satellite Technologies
Terminated: 11/21/2018
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Defendant
Kirstjen Nielsen
Terminated: 11/21/2018
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| Docket last updated: 03/09/2026 11:59 PM PDT |
| Tuesday, September 08, 2020 | ||
| 45 | 45
JUDGMENT dated *9/8/2020* pursuant to order signed by Chief District Judge Kimberly J. Mueller on 9/7/2020. (Becknal, R) |
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| 44 | 44
ORDER signed by Chief District Judge Kimberly J. Mueller on 9/7/2020 ADOPTING the findings and recommendations filed 12/13/2019, except that plaintiff's claims against defendant Marie Blake also are DISMISSED with prejudice as noted below; Because no claims have been brought against defendants CDCR, Gates, and Cal-OSHA, the Clerk shall acknowledge their termination from this case on the docket; GRANTING the motion to dismiss (ECF No.31 ) and this case is DISMISSED with prejudice as to defendants Welker, Saich, Lewis, Milne and Blake; and the Clerk shall closed this case. CASE CLOSED (Becknal, R) |
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service
Service by Mail
Tue 09/08 12:26 PM
SERVICE BY MAIL:44 Order &45 Judgment, served on Dawn Devore. (Becknal, R) |
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| Thursday, April 09, 2020 | ||
| 43 | 43
NOTICE of Change in Designation of Counsel for Defendants for Service by California Correctional Health Care Services, California Department of Corrections and Rehabilitation, Christopher Gates, Janet Lewis, Christine Milne, Lara Saich, Glen Welker. Attorney Halloran, Peter D. added. (Halloran, Peter) |
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| Wednesday, January 15, 2020 | ||
| 42 | 42
RESPONSE by California Correctional Health Care Services, California Department of Corrections and Rehabilitation, Christopher Gates, Janet Lewis, Christine Milne, Lara Saich, Glen Welker to41 Objections to Findings and Recommendations. (Sarno, Cori) |
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| Friday, January 03, 2020 | ||
| 41 | 41
OBJECTIONS to39 FINDINGS and RECOMMENDATIONS by Plaintiff Dawn Devore. (Benson, A.) |
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| Monday, December 16, 2019 | ||
| 40 | 40
EXHIBIT to35 Response by Dawn Devore. (Coll, A) |
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| Friday, December 13, 2019 | ||
| 39 | 39
FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Allison Claire on 12/13/19 RECOMMENDING that Motion to dismiss31 should be GRANTED and this case should be DISMISSED as to remaining moving defendants Welker, Saich, Lewis, and Milne. Because no claims have been brought against defendants CDCR, Gates, and Cal- OSHA, the Clerk of Court should acknowledge their termination from this case on the docket. F&R referred to District Judge Kimberly J. Mueller. Objections to F&R due within twenty-one days. (Kaminski, H) |
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service
Service by Mail
Fri 12/13 11:41 AM
SERVICE BY MAIL:39 Findings and Recommendations, served on Dawn Devore. (Kaminski, H) |
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| Tuesday, December 10, 2019 | ||
| 38 | 38
order
Minute Order
Tue 12/10 3:32 PM
MINUTE ORDER: (Text Only). re31 Motion to Dismiss. The motion to dismiss currently set on Wednesday, December 18, 2019 at 10:00 a.m. is vacated from the calendar and the matter is taken under submission. (Callen, V) |
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| 37 | 37
REPLY by California Correctional Health Care Services, California Department of Corrections and Rehabilitation, Christopher Gates, Janet Lewis, Christine Milne, Lara Saich, Glen Welker to RESPONSE to31 Motion to Dismiss,. (Sarno, Cori) |
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service
Service by Mail
Tue 12/10 3:32 PM
SERVICE BY MAIL: 38 Minute Order served on Dawn Devore. (Callen, V) |
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| Tuesday, December 03, 2019 | ||
| 36 | 36
ORDER signed by Magistrate Judge Allison Claire on 12/3/19 GRANTING34 Motion to File Late Response; ACCEPTING35 Opposition; and CONTINUING the31 Motion to Dismiss Hearing to 12/18/19 at 10:00 AM in Courtroom 26 (AC) before Magistrate Judge Allison Claire. (Coll, A) |
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service
Service by Mail
Tue 12/03 10:56 AM
SERVICE BY MAIL:36 Order served on Dawn Devore. (Coll, A) |
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| Monday, December 02, 2019 | ||
| 35 | 35
RESPONSE by Dawn Devore to31 Motion to Dismiss. (Coll, A) |
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| 34 | 34
MOTION to File late response to31 Motion to Dismiss by Dawn Devore. (Coll, A) |
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| Thursday, November 21, 2019 | ||
| 33 | 33
ORDER signed by Magistrate Judge Allison Claire on 11/21/2019 CONTINUING the31 Motion to Dismiss Hearing to 12/11/2019 at 10:00 AM in Courtroom 26 (AC) before Magistrate Judge Allison Claire. Plaintiff shall file an opposition, or a Statement of Non-Opposition, no later than 11/27/2019. Failure to file an opposition or to appear at the hearing will be deemed as a statement of non-opposition and shall result in a recommendation that this action be dismissed. (Huang, H) |
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service
Service by Mail
Thu 11/21 1:05 PM
SERVICE BY MAIL:33 Order served on Dawn Devore. (Huang, H) |
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| Wednesday, November 20, 2019 | ||
| 32 | 32
DESIGNATION of COUNSEL by California Correctional Health Care Services, et al., Attorney Sarno, Cori Rae added. Krista Dunzweiler terminated (Sarno, Cori) Modified on 11/20/2019 (Benson, A.) |
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| Friday, October 18, 2019 | ||
| 31 | 31
MOTION to DISMISS by California Correctional Health Care Services, California Department of Corrections and Rehabilitation, Christopher Gates, Janet Lewis, Christine Milne, Lara Saich, Glen Welker. Attorney Dunzweiler, Krista Jean added. Motion Hearing set for 12/4/2019 at 10:00 AM in Courtroom 26 (AC) before Magistrate Judge Allison Claire.(Dunzweiler, Krista) |
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Att: 1
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Att: 2
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| Friday, September 20, 2019 | ||
| 30 | 30
SECOND AMENDED COMPLAINT against Marie Blake, Janet Lewis, Christine Milne, Lara Saich, Glen Welker by Dawn Devore. (Zignago, K.) |
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| 29 | 29
RESPONSE by Dawn Devore to28 Order. (Zignago, K.) |
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| Wednesday, August 21, 2019 | ||
| 28 | 28
ORDER signed by Magistrate Judge Allison Claire on 8/20/2019 GRANTED IN PART27 Motion for Extension of Time. No later than 9/20/2019, plaintiff shall file: (a) Either a Second Amended Complaint, or a notice stating that plaintiff wishes to proceed on her14 First Amended Complaint; and (b) Either proofs of service upon the remaining State defendants, or a notice of dismissal of certain defendants. Within 30 days of the filing of either a Second Amended Complaint, or plaintiff's notice of intent to proceed on the 1st Amended Complaint, all properly served defendants shall file their responsive pleading(s). If plaintiff does not file the above documents by 9/20/2019, the court may recommend dismissal of this case. (York, M) |
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service
Service by Mail
Wed 08/21 10:52 AM
SERVICE BY MAIL:28 Order served on Dawn Devore. (York, M) |
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| Tuesday, August 20, 2019 | ||
| 27 | 27
DECLARATION in RESPONSE to26 Order; MOTION for EXTENSION OF TIME by Dawn Devore. (Benson, A.) |
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| Thursday, July 11, 2019 | ||
| 26 | 26
ORDER signed by District Judge Kimberly J. Mueller on 7/10/2019 ADOPTING in FULL25 Findings and Recommendations. The action is DISMISSED without prejudice, pursuant to FRCP 41(a)(1)(A)(i), as to defendants: U.S. Dept of Justice, Jefferson Sessions, U.S. Dept of Defense, Dr. Michael Griffin, NASA Ames Research Center, Eugene Tu, U.S. Dept of Health and Human Services, Alex Azar, II, Sandia Laboratories, Paul Hommert, Screened Images dba Corrections.Com, Joseph Noonan, Tim Blake, Screened Images, dba Screened Images Multi-Media, Laura Noonan, Digitalglobe/Maxar Satellite Technologies, Howard Lance, Lockheed Martin, Marillyn Hewson, Boeing Corp, Dennis Muilenburg, Northrop Grumman Corp, Wesley Bush, and Duane Essex. The action proceeds against Defendants: CDCR, Christopher Gates, Lara Saich, Janet Lewis, Christine Milne, CA Occupational Safety and Health Admin, and Marie Blake. This action is REFERRED back to the assigned magistrate judge for all further pretrial proceedings. |
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service
Service by Mail
Thu 07/11 1:27 PM
SERVICE BY MAIL:26 Order Adopting Findings and Recommendations, served on Dawn Devore. |
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| Friday, May 24, 2019 | ||
| 25 | 25
ORDER AND FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Allison Claire on 5/23/19 GRANTING24 Motion for Extension of time. Plaintiff shall file any Second Amended Complaint no later than 8/19/19, or within seven days of Plaintiff's receipt of a final decision by the California State Personnel Board, whichever is earlier, and RECOMMENDING that the action be dismissed without prejudice pursuant to FRCP 41(a)(1)(A)(i), as to the following defendants: U.S. Department of Justice, Jefferson Sessions, U.S. Department of Defense, Dr. Michael Griffin, NASA Ames Research Center, Eugene Tu, U.S Department of Health and Human Services, Alex Azar, II, Sandia Laboratories, Paul Hommert, Screened Images d/b/a Corrections.Com, Joseph Noonan, Tim Blake, Screened Images d/b/a Screened Images Multi-Media, Laura Noonan, Digitalglobe/Maxar Satellite Technologies, Howard Lance, Lockheed Martin, Marillyn Hewson, Boeing Corporation, Dennis Muilenburg, Northrup Grumman Corporation, Wesley Bush, and Duane Essex. The action proceed against the following defendants: CDC and Rehabilitation, Christopher Gates, Lara Saich, Janet Lewis, Christine Milne, California Occupational Safety and Health Administration, and Marie Blake. These Findings and Recommendations are submitted to U.S. District Judge Kimberly J. Mueller. Objections to these F&Rs due within fourteen days. (Mena-Sanchez, L) |
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service
Service by Mail
Fri 05/24 10:18 AM
SERVICE BY MAIL:25 Order and Findings and Recommendations served on Dawn Devore. (Mena-Sanchez, L) |
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| Monday, May 20, 2019 | ||
| 24 | 24
MOTION for EXTENSION OF TIME to file second amended complaint re23 Order by Dawn Devore. (Kaminski, H) |
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| Friday, March 29, 2019 | ||
| 23 | 23
ORDER signed by Magistrate Judge Allison Claire on 3/29/2019 DISCHARGING21 Order to Show Cause, and that plaintiff's second amended complaint is due no later than June 6/5/2019. (Washington, S) |
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service
Service by Mail
Fri 03/29 11:35 AM
SERVICE BY MAIL:23 Order, served on Dawn Devore. (Washington, S) |
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| Wednesday, March 27, 2019 | ||
| 22 | 22
DECLARATION of Dawn Devore is RESPONSE to21 Order to Show Cause. (Washington, S) |
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| Tuesday, March 12, 2019 | ||
| 21 | 21
ORDER to SHOW CAUSE signed by Magistrate Judge Allison Claire on 3/12/19. Plaintiff shall show cause, in writing, no later than 3/27/2019, why her failure to seek leave to file a Second Amended Complaint should not result in a recommendation that this case be dismissed for failure to prosecute. The filing of a motion for leave to file a Second Amended Complaint within this timeframe will serve as cause and will discharge this order. If plaintiff fails to respond, the court will recommend dismissal of her case pursuant to Local Civil Rule 110. Further, it is HEREBY ORDERED that the scheduling conference currently set in this case for 3/27/194 is hereby VACATED to be re-set as necessary.(Mena-Sanchez, L) |
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service
Service by Mail
Tue 03/12 11:19 AM
SERVICE BY MAIL:21 Order to Show Cause, served on Dawn Devore. (Mena-Sanchez, L) |
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| Wednesday, January 09, 2019 | ||
| 20 | 20
STIPULATION and ORDER signed by Magistrate Judge Allison Claire on 1/8/19 GRANTING California Department of Corrections and Rehabilitation, Lara Saich, Janet Lewis, Christine Milne and Christopher Gates an extension of time to respond to Plaintiff's Amended Complaint while Plaintiff seeks leave from this Court to file a Second Amended Complaint. In the event that the Court denies Plaintiff's request for leave to file a Second Amended Complaint, State Defendants' responsive pleading shall be filed the next court day following service of the Order denying Plaintiff's request for leave. (Coll, A) |
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service
Service by Mail
Wed 01/09 9:45 AM
SERVICE BY MAIL:20 Stipulation and Order served on Dawn Devore. (Coll, A) |
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| Tuesday, January 08, 2019 | ||
| 19 | 19
STIPULATION and PROPOSED ORDER for Extension of Time to Respond to Amended Complaint by California Department of Corrections and Rehabilitation, Christopher Gates, Janet Lewis, Christine Milne, Lara Saich. Attorney Dunzweiler, Krista Jean added.(Dunzweiler, Krista) |
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Att: 1
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| Wednesday, January 02, 2019 | ||
| 18 | 18
ORDER signed by Magistrate Judge Allison Claire on 1/2/2019 APPROVING17 Stipulation and Proposed Order for Extension of Time. CDCR's responsive pleading to be filed on or before 1/8/2019. (Henshaw, R) |
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service
Service by Mail
Wed 01/02 9:32 AM
SERVICE BY MAIL:18 Order served on Dawn Devore. (Henshaw, R) |
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| Thursday, December 20, 2018 | ||
| 17 | 17
STIPULATION and PROPOSED ORDER for Extension of Time to Respond to Complaint re1 Complaint by Christopher Gates, Janet Lewis, Christine Milne, Lara Saich. Attorney Halloran, Peter D. added. (Halloran, Peter) |
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| Tuesday, November 27, 2018 | ||
| 16 | 16
SUMMONS ISSUED as to *Boeing Corporation, Wesley Bush, Digitalglobe/Maxar Satellite Technologies, Marillyn Hewson, Paul Hommert, Howard Lance, Lockheed Martin Corporation, Dennis Muilenburg, Northrop Grumman Corporation, Sandia Laboratories, Screened Images Multimedia, Screened Images, Corrections.com* with answer to complaint due within *21* days. Attorney *Dawn Devore* *15171 Victoria Lane* *Huntington Beach, CA 92647*. (Benson, A.) |
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| 15 | 15
SUMMONS ISSUED as to *Alex Azar, II, United States Department of Defense, United States Department of Health and Human Services, United States Department of Justice* with answer to complaint due within *60* days. Attorney *Dawn Devore* *15171 Victoria Lane* *Huntington Beach, CA 92647*. (Benson, A.) |
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service
Service by Mail
Tue 11/27 11:48 AM
SERVICE BY MAIL:15 Summons,16 Summons, mailed to Dawn Devore. (Benson, A.) |
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| Friday, November 16, 2018 | ||
| 13 | 13
ORDER signed by Magistrate Judge Allison Claire on 11/15/2018 STRIKING12 First Amended Complaint as unauthorized and for failure to comply with the court's order. Plaintiff will have 7 days from the date of this order to properly comply with the court's11 Order and refile separately the proposed amended complaint found at ECF No.10 . Failure to comply with this order may result in dismissal of this action. (York, M) |
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service
Service by Mail
Fri 11/16 10:35 AM
SERVICE BY MAIL:13 Order served on Dawn Devore. (York, M) |
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| Tuesday, November 13, 2018 | ||
| 12 | 12
FIRST AMENDED COMPLAINT and REQUEST for INJUNCTIVE RELIEF: RESTRAINING ORDERS against All Defendants by Dawn Devore.(Washington, S) |
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| Friday, November 02, 2018 | ||
| 11 | 11
ORDER signed by Magistrate Judge Allison Claire on 11/2/2018 DENYING as moot Plaintiff's6 Motion for an Extension of Time, GRANTING Plaintiff's8 Motion for an Extension of Time, GRANTING Plaintiff's10 Motion to Amend the Complaint. Plaintiff shall separately file the first amended complaint within 10 days of the date of this order. Defendants'9 Amended Motion to Dismiss is DENIED without prejudice to its renewal in response to the first amended complaint. The motion hearing currently set for 12/5/2018 before the undersigned is hereby VACATED. (Zignago, K.) |
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service
Service by Mail
Fri 11/02 1:36 PM
SERVICE BY MAIL:11 Order served on Dawn Devore. (Zignago, K.) |
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| Tuesday, October 30, 2018 | ||
| 9 | 9
AMENDED MOTION to DISMISS amending5 Motion to Dismiss by Christopher Gates, Janet Lewis, Christine Milne, Lara Saich. Attorney Dunzweiler, Krista Jean added. Motion Hearing set for 12/5/2018 at 10:00 AM in Courtroom 26 (AC) before Magistrate Judge Allison Claire.(Dunzweiler, Krista) |
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Att: 1
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Att: 2
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Att: 3
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Att: 4
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Att: 5
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| Monday, October 29, 2018 | ||
| 10 | 10
MOTION to AMEND the COMPLAINT and AMENDED COMPLAINT against all Defendants by Dawn Devore. (Zignago, K.) |
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| Friday, October 26, 2018 | ||
| 8 | 8
MOTION for EXTENSION OF TIME to 10/29/2018 to File Amended Complaint by Dawn Devore. (Huang, H) |
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| 7 | 7
order
Minute Order ~Util - 1 Terminate Deadlines and Hearings
Fri 10/26 12:25 PM
MINUTE ORDER issued by Courtroom Deputy C. Schultz for District Judge Kimberly J. Mueller: The court is in receipt of Defendants' Motion to Dismiss (ECF No.5 ). The motion, as filed, is defective. Defendants are directed to comply with Local Rules 302(c)(21) and 230(a) and re-notice the motion before the assigned Magistrate Judge. Accordingly, the 11/16/2018 hearing date before District Judge Kimberly J. Mueller is VACATED. (Text Only Entry) (Schultz, C) |
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service
Service by Mail
Fri 10/26 12:25 PM
SERVICE BY MAIL: Minute Order at ECF No. 7 served on Dawn Devore. (Schultz, C) |
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| Thursday, October 25, 2018 | ||
| 6 | 6
MOTION for 1-DAY EXTENSION OF TIME to File Amended Complaint by Dawn Devore. (Huang, H) |
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| Thursday, October 04, 2018 | ||
| 5 | 5
MOTION to DISMISS by Department of Justice. Attorney Dunzweiler, Krista Jean added.(Dunzweiler, Krista) |
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Att: 1
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Att: 2
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Att: 3
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| Thursday, September 13, 2018 | ||
| 4 | 4
CIVIL NEW CASE DOCUMENTS ISSUED: Initial Scheduling Conference set for 3/27/2019, at 10:00 AM, in Courtroom 26 (AC), before Magistrate Judge Allison Claire. (York, M) |
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Att: 1
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| 3 | 3
SUMMONS ISSUED as to *BINJ Laboratories, Marie Blake, Tim Blake, California Correctional Health Care Services, California Department of Corrections and Rehabilitation, California Occupational Safety and Health Administration, Duane Essex, Christopher Gates, Janet Lewis, Maxar Satellite Technologies, Christine Milne, Laura Noonan, Joseph Noonan, Lara Saich, Screened Images* with answer to complaint due within *21* days. Attorney *Dawn Devore* *15171 Victoria Lane* *Huntington Beach, CA 92647*. (York, M) |
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| 2 | 2
SUMMONS ISSUED as to *Department of Defense, Department of Homeland Security, Department of Justice, Federal Bureau of Investigations, Michael Griffin, Nasa Ames Research Center, Kirstjen Nielsen, Jefferson Sessions, Eugene Tu, Christopher Wray* with answer to complaint due within *60* days. Attorney *Dawn Devore* *15171 Victoria Lane* *Huntington Beach, CA 92647*. (York, M) |
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| 1 | 1
COMPLAINT against All Defendants by Dawn Devore.(York, M) |
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Att: 1
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misc
CAED Receipt
Thu 09/13 1:26 PM
RECEIPT number #CAE200092673 $400.00 fbo Dawn Devore by James Thomas on 9/13/2018. (York, M) |
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service
Service by Mail
Thu 09/13 1:37 PM
SERVICE at PUBLIC COUNTER:2 Summons,3 Summons,4 Civil New Case Documents served on Dawn Devore. (York, M) |
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