Keith A. Thomas v. The Secretary of the United States Department of Veterans Affairs
Plaintiff: Keith A. Thomas
Respondent: The Secretary of the United States Department of Veterans Affairs
Case Number: 3:2021cv01811
Filed: October 25, 2021
Court: US District Court for the Southern District of California
Presiding Judge: Anthony J Battaglia
Referring Judge: Mitchell D Dembin
2 Judge: Janis L Sammartino
Nature of Suit: Civil Rights: Other
Cause of Action: 42 U.S.C. § 1983 ed
Jury Demanded By: Plaintiff
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Docket Report

This docket was last retrieved on December 21, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
December 21, 2021 Opinion or Order Filing 39 ORDER Granting in Part and Denying in Part #38 Ex Parte Application for Continuance. Plaintiff shall have until 1/12/2022, to file a written opposition to Defendant's Motion to Dismiss. Defendant shall have until 1/19/2022, to file any reply. Defendant's Motion to Dismiss remains under submission and no oral argument will be held on the motion unless otherwise ordered by the Court. Signed by Judge Janis L. Sammartino on 12/21/2021. (All non-registered users served via U.S. Mail Service) (tcf)
December 9, 2021 Filing 38 Ex Parte Application for Continuance of Hearing on Defendant's Motion to Dismiss by Keith A. Thomas. (tcf)
December 2, 2021 Opinion or Order Filing 37 ORDER Vacating Motion Hearing and Taking Matter under Submission re #31 Defendant's Motion to Dismiss. The Court hereby VACATES the Motion Hearing scheduled for 12/9/2021, and takes the matter under submission without oral argument pursuant to Civil Local Rule 7.1(d)(1). Signed by Judge Janis L. Sammartino on 12/2/2021. (All non-registered users served via U.S. Mail Service) (tcf)
December 2, 2021 Filing 36 NOTICE of Non-Opposition by The Secretary of the United States Department of Veterans Affairs re #31 MOTION to Dismiss for Failure to State a Claim and Failure to Exhaust Administrative Remedies (Attachments: #1 Proof of Service)(Suder, Morgan)Attorney Morgan Paige Suder added to party The Secretary of the United States Department of Veterans Affairs(pty:res) (tcf).
November 30, 2021 Opinion or Order Filing 35 ORDER Denying without Prejudice #34 Plaintiff's Motion to File Documents Electronically. Signed by Judge Janis L. Sammartino on 11/30/2021. (All non-registered users served via U.S. Mail Service) (tcf)
November 24, 2021 Filing 34 Request Order to File Documents Electronically by Keith A. Thomas. Nunc Pro Tunc 11/22/2021. (All non-registered users served via U.S. Mail Service) (tcf)
November 24, 2021 Opinion or Order Filing 33 Notice of Document Discrepancies and Order Thereon by Judge Janis L. Sammartino Accepting Document: Request Order to File Documents Electronically, from Plaintiff Keith A. Thomas. Non-compliance with local rule(s), Civ. L. Rule 5.1: Missing time and date on motion and/or supporting documentation, Civ. L. Rule 7.1: Lacking memorandum of points and authorities in support. Nunc Pro Tunc 11/22/2021. Signed by the Chambers of Judge Janis L. Sammartino on 11/24/2021. (All non-registered users served via U.S. Mail Service) (tcf)
November 12, 2021 Opinion or Order Filing 32 ORDER Regarding Plaintiff's Ex Parte Communication with the Court. Signed by Judge Janis L. Sammartino on 11/12/2021. (All non-registered users served via U.S. Mail Service) (tcf)
November 9, 2021 Filing 31 MOTION to Dismiss for Failure to State a Claim and Failure to Exhaust Administrative Remedies by The Secretary of the United States Department of Veterans Affairs. (Attachments: #1 Declaration of Betsey Boutelle, #2 Exhibit (Exhibits 1-2))(Boutelle, Betsey)Attorney Betsey Boutelle added to party The Secretary of the United States Department of Veterans Affairs(pty:res) (tcf).
October 26, 2021 Filing 30 MINUTE ORDER OF TRANSFER. Judge Anthony J. Battaglia is no longer assigned. Case reassigned to Judge Janis L. Sammartino for all further proceedings. The new case number is 21-cv-1811-JLS-MDD.(no document attached) (dsn)
October 25, 2021 Filing 29 Judge Anthony J. Battaglia and Magistrate Judge Mitchell D. Dembin assigned to transfer case from Cental District of California. (no document attached) (jpp)
October 25, 2021 Filing 28 Case transferred in from District of California Central; Case Number 2:21-cv-02433. Original file received electronically
October 25, 2021 Opinion or Order Filing 27 ORDER RE STIPULATION TO TRANSFER VENUE TO THE SOUTHERN DISTRICT OF CALIFORNIA (DKT. 26) by Judge John A. Kronstadt, the Stipulation is APPROVED. The Clerk shall transfer the above-captioned action to the United States District Court for the Southern District of California. transferring case to Southern District of California. Case transferred electronically, re Stipulation to Transfer Case #26 . (MD JS-6. Case Terminated.) (jp) [Transferred from California Central on 10/25/2021.]
October 22, 2021 Filing 26 STIPULATION to Transfer Case to United States District Court for the Southern District of California filed by Defendant The Secretary of the United States Department of Veterans Affairs. (Attachments: #1 Proposed Order)(Barragan, Matthew) [Transferred from California Central on 10/25/2021.]
September 30, 2021 Opinion or Order Filing 25 ORDER RE STIPULATION TO EXTEND TIME TO RESPOND TO SECOND AMENDED COMPLAINT (DKT. #24 ) by Judge John A. Kronstadt, the Stipulation is APPROVED. Defendant shall answer, plead, or otherwise respond to Plaintiffs Second Amended Complaint on or before 10/26/2021. (jp) [Transferred from California Central on 10/25/2021.]
September 29, 2021 Filing 24 STIPULATION Extending Time to Answer the complaint as to The Secretary of the United States Department of Veterans Affairs answer now due 10/26/2021, re Amended Complaint #11 filed by Defendant The Secretary of the United States Department of Veterans Affairs. (Attachments: #1 Proposed Order)(Attorney Matthew Jimenez Barragan added to party The Secretary of the United States Department of Veterans Affairs(pty:dft))(Barragan, Matthew) [Transferred from California Central on 10/25/2021.]
July 29, 2021 Filing 23 PROOF OF SERVICE ON AN AGENCY OR CORPORATION OF THE UNITED STATES Executed by Plaintiff Keith A. Thomas, upon Defendant The Secretary of the United States Department of Veterans Affairs served on 7/27/2021, answer due 9/27/2021. Service of the Summons and Complaint were executed upon Civil-Process Clerk - U.S. United States Attorneys Office by delivering a copy to Not indicated. Executed upon the Attorney Generals Office of the United States by delivering a copy to Not indicated. Executed upon the officer agency or corporation by delivering a copy to Not Specified. Service was executed in compliance with statute not specified. Due diligence declaration NOT attached. Registered or certified mail return receipt attached. (jp) [Transferred from California Central on 10/25/2021.]
July 13, 2021 Filing 22 60 DAY Summons Issued re Amended Complaint #11 as to Defendant The Secretary of the United States Department of Veterans Affairs. (dml) [Transferred from California Central on 10/25/2021.]
July 1, 2021 Opinion or Order Filing 21 (IN CHAMBERS) ORDER CONTINUING ORDER TO SHOW CAUSE RE DISMISSAL FOR LACK OF PROSECUTION (DKT. [#19]) by Judge John A. Kronstadt: The Court issued an Order to Show Cause as to why this case should not be dismissed for lack of prosecution (Dkt. #19 ) (the OSC). Plaintiff was directed to file a response to the OSC no later than July 8, 2021. Upon review of the timely-filed Response (Dkt. #20 ), the Court grants in part the request for additional time to serve Defendant. On or before August 1, 2021, Plaintiff shall serve Defendant and file a proof of service. In light of the foregoing, the OSC is continued to August 1, 2021. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (tj) TEXT ONLY ENTRY [Transferred from California Central on 10/25/2021.]
June 28, 2021 Filing 20 RESPONSE to Order to Show Cause re Dismissal for Lack of Prosecution re Defendant #19 filed by Plaintiff Keith A. Thomas. (jp) [Transferred from California Central on 10/25/2021.]
June 24, 2021 Opinion or Order Filing 19 (IN CHAMBERS) ORDER TO SHOW CAUSE RE DISMISSAL FOR LACK OF PROSECUTION RE DEFENDANT THE SECRETARY OF THE UNITED STATES DEPARTMENT OF VETERANS AFFAIRS by Judge John A. Kronstadt. The Court, on its own motion, orders Plaintiff to show cause in writing no later than July 8, 2021, why this action should not be dismissed for lack of prosecution. See minute order for details. (lom) [Transferred from California Central on 10/25/2021.]
June 24, 2021 Opinion or Order Filing 18 STANDING ORDERS FOR CIVIL CASES ASSIGNED TO JUDGE JOHN A. KRONSTADT upon filing of the complaint by Judge John A. Kronstadt. Please read each Order carefully as they differ in some respects from the Local Rules. Counsel are advised that the Court, at any time, may amend one or more of its Standing Orders. It is the responsibility of counsel to refer to this Court's Procedures and Schedules found on the website for the United States District Court, Central District of California (www.cacd.uscourts.gov) to obtain the operative order. The Court thanks the parties and their counsel for their anticipated cooperation in carrying out these requirements. (tj) [Transferred from California Central on 10/25/2021.]
June 23, 2021 Opinion or Order Filing 17 ORDER ACCEPTING REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE by Judge John A. Kronstadt. The time for filing objections to the Report has passed, and no objections have been filed. The Court hereby accepts and adopts the findings, conclusions, and recommendations of the Magistrate Judge. Accordingly, IT IS ORDERED that the 1983 claims that were previously dismissed with leave to amend are now dismissed without leave to amend. It is further ORDERED that the reference to the Magistrate Judge for pretrial purposes is vacated. The assigned Magistrate Judge is redesignated as the discovery Magistrate Judge. (lom) [Transferred from California Central on 10/25/2021.]
June 23, 2021 Opinion or Order Filing 16 ORDER VACATING REFERENCE TO MAGISTRATE JUDGE by Judge John A. Kronstadt. Reference of case to Magistrate Judge Rozella A. Oliver is vacated. Case transferred to the calendar of Magistrate Judge Rozella A. Oliver for Discovery. Case number now reads as 2:21-cv-02433 JAK(RAOx). (rn) [Transferred from California Central on 10/25/2021.]
June 16, 2021 Opinion or Order Filing 15 MINUTES (IN CHAMBERS) ORDER DENYING MOTION FOR APPOINTMENT OF COUNSEL #14 by Magistrate Judge Rozella A. Oliver. Plaintiff's request for appointment of counsel is DENIED without prejudice. SEE ORDER FOR DETAILS. #14 (ch) [Transferred from California Central on 10/25/2021.]
June 14, 2021 Filing 14 REQUEST for Appointment of Counsel filed by Plaintiff Keith A. Thomas. (dml) [Transferred from California Central on 10/25/2021.]
May 19, 2021 Filing 13 REPORT AND RECOMMENDATION issued by Magistrate Judge Rozella A. Oliver. Re Complaint - (Referred), #1 . IT IS RECOMMENDED that the District Court issue an Order: (1) Accepting and adopting this Report and Recommendation; (2) Denying further leave to amend as to any 1983 claims; and(3) Vacating the reference to the undersigned for pretrial purposes. See document for complete details. (dml) [Transferred from California Central on 10/25/2021.]
May 19, 2021 Filing 12 NOTICE OF FILING REPORT AND RECOMMENDATION by Magistrate Judge Rozella A. Oliver. Objections to R&R due by 6/2/2021 (dml) [Transferred from California Central on 10/25/2021.]
May 14, 2021 Filing 11 SECOND AMENDED COMPLAINT against Defendant The Secretary of the United States Department of Veterans Affairs amending Amended Complaint #9 , filed by Plaintiff Keith A. Thomas(dml) [Transferred from California Central on 10/25/2021.]
April 30, 2021 Opinion or Order Filing 10 MINUTE (IN CHAMBERS) ORDER DISMISSING FIRST AMENDED COMPLAINT WITH LEAVE TO AMEND by Magistrate Judge Rozella A. Oliver, re: First Amended Complaint #9 . Plaintiff's FAC is hereby DISMISSED with leave to amend, except as to Plaintiff's retaliation claim based on the April 2020 reprimand and assignment to temporary work details. Plaintiff has three options to proceed. Plaintiff shall elect one of these options by May 31, 2021. (see document for further details) (hr) [Transferred from California Central on 10/25/2021.]
April 24, 2021 Filing 9 FIRST AMENDED COMPLAINT against Defendant The Secretary of the United States Department of Veterans Affairs amending Complaint - (Referred), #1 , filed by Plaintiff Keith A. Thomas(dml) [Transferred from California Central on 10/25/2021.]
April 14, 2021 Opinion or Order Filing 8 ORDER by Magistrate Judge Rozella A. Oliver: granting #7 APPLICATION for Pro Se Electronic Filing. The applicant must register to use the Courts CM/ECF System within five (5) days of being served with this order. Registration information is available at the Pro Se Litigant E-Filing web page located on the Courts website. Upon registering, the applicant will receive a CM/ECF login and password that will allow him/her to file non-sealed documents electronically in this case only. Any documents being submitted under seal must be manually filed with the Clerk. (hr) [Transferred from California Central on 10/25/2021.]
April 13, 2021 Filing 7 APPLICATION for Pro Se Litigant to electronically file documents in a specific case filed by Plaintiff Keith A. Thomas. (dml) [Transferred from California Central on 10/25/2021.]
March 25, 2021 Opinion or Order Filing 6 MINUTE ORDER (IN CHAMBERS) DISMISSING COMPLAINT WITH LEAVE TO AMEND by Magistrate Judge Rozella A. Oliver. Plaintiff's Complaint is hereby DISMISSED with leave to amend. If Plaintiff intends to pursue this matter, he shall file a "First Amended Complaint" by April 26, 2021. If, given the contents of this Order, Plaintiff elects not to proceed in this action, he may expedite matters by signing and returning the attached Notice of Dismissal by the foregoing deadline which will result in the voluntary dismissal of this action without prejudice. SEE ORDER FOR COMPLETE DETAILS. (Attachments: #1 Complaint Form, #2 Dismissal Form) (dml) [Transferred from California Central on 10/25/2021.]
March 25, 2021 Opinion or Order Filing 5 ORDER by Magistrate Judge Rozella A. Oliver: granting #2 APPLICATION for Leave to Proceed in Forma Pauperis re APPLICATION for Leave to Proceed In Forma Pauperis #2 . (dml) [Transferred from California Central on 10/25/2021.]
March 19, 2021 Filing 4 NOTICE OF ASSIGNMENT to District Judge John A. Kronstadt and referred to Magistrate Judge Rozella A. Oliver. (ghap) [Transferred from California Central on 10/25/2021.]
March 18, 2021 Filing 3 CERTIFICATION AND NOTICE OF INTERESTED PARTIES filed by Plaintiff Keith A. Thomas. (ghap) [Transferred from California Central on 10/25/2021.]
March 18, 2021 Filing 2 APPLICATION to Proceed In District Court Without Prepaying Fees or Costs, filed by plaintiff Keith A. Thomas. (ghap) [Transferred from California Central on 10/25/2021.]
March 18, 2021 Filing 1 COMPLAINT filed against DefendantThe Secretary of the United States Department of Veterans Affairs Case assigned to Judge John A. Kronstadt and referred to Magistrate Judge Rozella A. Oliver., filed by plaintiff Keith A. Thomas. (Attachments: #1 CV-71, #2 Summons) (ghap) [Transferred from California Central on 10/25/2021.]

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Plaintiff: Keith A. Thomas
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Respondent: The Secretary of the United States Department of Veterans Affairs
Represented By: Matthew Jimenez Barragan
Represented By: Betsey Boutelle
Represented By: Morgan Paige Suder
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