(PS) Devore v. CDCR, et al.,
| Dawn Devore |
| BINJ Laboratories, Eugene Tu, Michael Griffin, Christopher Wray, Jefferson Sessions, Department of Homeland Security, Lara Saich, Maxar Satellite Technologies, Joseph Noonan, Kirstjen Nielsen, Christopher Gates, Federal Bureau of Investigations, Screened Images, Christine Milne, California Occupational Safety and Health Administration, Janet Lewis, Tim Blake, Marie Blake, Nasa Ames Research Center, Department of Justice, Duane Essex, California Department of Corrections and Rehabilitation, California Correctional Health Care Services, Department of Defense, Laura Noonan, Screened Images Doing business as Corrections.com, Screened Images Doing business as Screened Images Multimedia, Lockheed Martin Corporation, Screened Images Multimedia, United States Department of Justice, United States Department of Health and Human Services, Sandia Laboratories, Paul Hommert, Screened Images, Corrections.com, Glen Welker, Northrop Grumman Corporation, Wesley Bush, Digitalglobe/Maxar Satellite Technologies, Howard Lance, Marillyn Hewson, United States Department of Defense, Boeing Corporation, Alex Azar, II and Dennis Muilenburg |
| 2:2018cv02487 |
| September 13, 2018 |
| US District Court for the Eastern District of California |
| Allison Claire |
| Kimberly J Mueller |
| Civil Rights: Other |
| 28 U.S.C. § 1983 |
| Plaintiff |
Docket Report
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This docket was last retrieved on September 8, 2020. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 45 JUDGMENT dated *9/8/2020* pursuant to order signed by Chief District Judge Kimberly J. Mueller on 9/7/2020. (Becknal, R) |
Filing 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 BY MAIL: #44 Order & #45 Judgment, served on Dawn Devore. (Becknal, R) |
| Filing 43 DESIGNATION of COUNSEL NOTICE 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) Modified on 4/10/2020 (Zignago, K.). |
| Filing 42 RESPONSE by California Correctional Health Care Services, et al. to #41 Objections to Findings and Recommendations. (Sarno, Cori) Modified on 1/16/2020 (Huang, H). |
| Filing 41 OBJECTIONS to #39 FINDINGS and RECOMMENDATIONS by Plaintiff Dawn Devore. (Benson, A.) |
| Filing 40 EXHIBIT to #35 Response by Dawn Devore. (Coll, A) |
| Filing 39 FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Allison Claire on 12/13/19 RECOMMENDING that Motion to dismiss #31 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) |
| SERVICE BY MAIL: #39 Findings and Recommendations, served on Dawn Devore. (Kaminski, H) |
| Filing 38 MINUTE ORDER: (Text Only). re #31 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) |
| Filing 37 REPLY to RESPONSE to #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 (Sarno, Cori) Modified on 12/11/2019 (York, M). |
| SERVICE BY MAIL: 38 Minute Order served on Dawn Devore. (Callen, V) |
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Filing 36
ORDER signed by Magistrate Judge Allison Claire on 12/3/19 GRANTING #34 Motion to File Late Response; ACCEPTING #35 Opposition; and CONTINUING the #31 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 BY MAIL: #36 Order served on Dawn Devore. (Coll, A) |
| Filing 35 RESPONSE by Dawn Devore to #31 Motion to Dismiss. (Coll, A) |
| Filing 34 MOTION to File late response to #31 Motion to Dismiss by Dawn Devore. (Coll, A) |
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Filing 33
ORDER signed by Magistrate Judge Allison Claire on 11/21/2019 CONTINUING the #31 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 BY MAIL: #33 Order served on Dawn Devore. (Huang, H) |
| Filing 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.). |
| Filing 31 MOTION to DISMISS by California Correctional Health Care Services, et al. 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. (Attachments: #1 Points and Authorities, #2 Proposed Order)(Dunzweiler, Krista) Modified on 10/21/2019 (Huang, H). |
| Filing 30 SECOND AMENDED COMPLAINT against Marie Blake, Janet Lewis, Christine Milne, Lara Saich, Glen Welker by Dawn Devore. (Zignago, K.) |
| Filing 29 RESPONSE by Dawn Devore to #28 Order. (Zignago, K.) |
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Filing 28
ORDER signed by Magistrate Judge Allison Claire on 8/20/2019 GRANTED IN PART #27 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 her #14 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 BY MAIL: #28 Order served on Dawn Devore. (York, M) |
| Filing 27 DECLARATION in RESPONSE to #26 Order; MOTION for EXTENSION OF TIME by Dawn Devore. (Benson, A.) |
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Filing 26
ORDER signed by District Judge Kimberly J. Mueller on 7/10/2019 ADOPTING in FULL #25 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. (Reader, L)
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| SERVICE BY MAIL: #26 Order Adopting Findings and Recommendations, served on Dawn Devore. (Reader, L) |
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Filing 25
ORDER AND FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Allison Claire on 5/23/19 GRANTING #24 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 BY MAIL: #25 Order and Findings and Recommendations served on Dawn Devore. (Mena-Sanchez, L) |
| Filing 24 MOTION for EXTENSION OF TIME to file second amended complaint re #23 Order by Dawn Devore. (Kaminski, H) |
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Filing 23
ORDER signed by Magistrate Judge Allison Claire on 3/29/2019 DISCHARGING #21 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 BY MAIL: #23 Order, served on Dawn Devore. (Washington, S) |
| Filing 22 DECLARATION of Dawn Devore is RESPONSE to #21 Order to Show Cause. (Washington, S) |
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Filing 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 3/27/19 #4 is hereby VACATED to be re-set as necessary.(Mena-Sanchez, L)
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| SERVICE BY MAIL: #21 Order to Show Cause, served on Dawn Devore. (Mena-Sanchez, L) |
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Filing 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 BY MAIL: #20 Stipulation and Order served on Dawn Devore. (Coll, A) |
| Filing 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. (Attachments: #1 Proof of Service)(Dunzweiler, Krista) |
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Filing 18
ORDER signed by Magistrate Judge Allison Claire on 1/2/2019 APPROVING #17 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 BY MAIL: #18 Order served on Dawn Devore. (Henshaw, R) |
| Filing 17 STIPULATION and PROPOSED ORDER for Extension of Time to Respond to Complaint by Christopher Gates, et al., Atorney Halloran, Peter D. added. (Halloran, Peter) Modified on 1/8/2019 (Benson, A.). |
| Filing 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.) |
| Filing 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.) |
| SERVICE BY MAIL: #15 Summons, #16 Summons, mailed to Dawn Devore. (Benson, A.) |
| Filing 14 FIRST AMENDED COMPLAINT against Alex Azar, II, Marie Blake, Tim Blake, Boeing Corporation, Wesley Bush, California Department of Corrections and Rehabilitation, California Occupational Safety and Health Administration, Digitalglobe/Maxar Satellite Technologies, Duane Essex, Christopher Gates, Michael Griffin, Marillyn Hewson, Paul Hommert, Howard Lance, Janet Lewis, Lockheed Martin Corporation, Christine Milne, Dennis Muilenburg, NASA Ames Research Center, Laura Noonan, Joseph Noonan, Northrop Grumman Corporation, Lara Saich, Sandia Laboratories, Screened Images Multimedia, Screened Images, Corrections.com, Jefferson Sessions, Eugene Tu, United States Department of Defense, United States Department of Health and Human Services, United States Department of Justice by Dawn Devore. (Attachments: #1 Declaration)(Benson, A.) |
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Filing 13
ORDER signed by Magistrate Judge Allison Claire on 11/15/2018 STRIKING #12 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's #11 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 BY MAIL: #13 Order served on Dawn Devore. (York, M) |
| Filing 12 [STRICKEN AS PER #13 ORDER] FIRST AMENDED COMPLAINT and REQUEST for INJUNCTIVE RELIEF: RESTRAINING ORDERS against All Defendants by Dawn Devore.(Washington, S) |
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Filing 11
ORDER signed by Magistrate Judge Allison Claire on 11/2/2018 DENYING as moot Plaintiff's #6 Motion for an Extension of Time, GRANTING Plaintiff's #8 Motion for an Extension of Time, GRANTING Plaintiff's #10 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 BY MAIL: #11 Order served on Dawn Devore. (Zignago, K.) |
| Filing 9 AMENDED MOTION to DISMISS amending #5 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. (Attachments: #1 Points and Authorities, #2 Declaration of Tina Bettencourt, #3 Declaration of Lara Saich, #4 Proposed Order, #5 Proof of Service)(Dunzweiler, Krista) |
| Filing 10 MOTION to AMEND the COMPLAINT and AMENDED COMPLAINT against all Defendants by Dawn Devore. (Zignago, K.) |
| Filing 8 MOTION for EXTENSION OF TIME to 10/29/2018 to File Amended Complaint by Dawn Devore. (Huang, H) |
| Filing 7 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) |
| SERVICE BY MAIL: Minute Order at ECF No. 7 served on Dawn Devore. (Schultz, C) |
| Filing 6 MOTION for 1-DAY EXTENSION OF TIME to File Amended Complaint by Dawn Devore. (Huang, H) |
| Filing 5 MOTION to DISMISS by Department of Justice. Attorney Dunzweiler, Krista Jean added. Motion Hearing set for 11/16/2018 at 10:00 AM in Courtroom 3 (KJM) before District Judge Kimberly J. Mueller. (Attachments: #1 Memorandum, #2 Declaration of Lara Saich, #3 Declaration of Tina Bettencourt)(Dunzweiler, Krista) Modified on 10/5/2018 (York, M). |
| Filing 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. (Attachments: #1 Consent Form) (York, M) |
| Filing 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) |
| Filing 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) |
| Filing 1 COMPLAINT against All Defendants by Dawn Devore. (Attachments: #1 Civil Cover Sheet)(York, M) |
| RECEIPT number #CAE200092673 $400.00 fbo Dawn Devore by James Thomas on 9/13/2018. (York, M) |
| SERVICE at PUBLIC COUNTER: #2 Summons, #3 Summons, #4 Civil New Case Documents served on Dawn Devore. (York, M) |
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