Gregory Valentini, et al v. Eric Shinseki, et al
| GREGORY VALENTINI, on behalf of themselves and all those similarly situated, ADRIAN MARARU, on behalf of themselves and all those similarly situated, VIETNAM VETERANS OF AMERICA, LEROY SMITH, Jr., LESLIE RICHARDSON, WAYNE EARLY, WILLIE FLOYD, ADRIAN MORARU, DEMETRIOUS KASSITAS, ZACHARY ISAAC and LAWRENCE GREEN |
| BRENTWOOD SCHOOL |
| ERIC SHINSEKI, in his official capacity, Secretary, Department of Veterans Affairs and DONNA M. BEITER, in her official capacity, Director, VA Greater Los Angeles Healthcare System |
| REGENTS OF THE UNIVERSITY OF CALIFORNIA |
| 13-56887 |
| November 4, 2013 |
| U.S. Court of Appeals, Ninth Circuit |
| Other Civil Rights |
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| Filing 31 Filed order (BARRY G. SILVERMAN, RICHARD R. CLIFTON and CARLOS T. BEA) On February 11, 2015, this court remanded these consolidated appeals to the district court for the limited purpose of enabling the district court to consider a joint motion to vacate the judgment under Federal Rule of Civil Procedure 60(b). On February 17, 2015, the district court vacated the final judgment and the January 8, 2015 injunction pending appeal. Accordingly, the joint motion to dismiss these consolidated appeals as moot is granted. These consolidated appeals are dismissed. See 28 U.S.C. 1291; Chacon v. Babcock, 640 F.2d 221, 222 (9th Cir. 1981). The parties have agreed that each party will bear its own costs. This order served on the district court shall act as and for the mandate of this court for these consolidated appeals. [9468061] [13-56836, 13-56842, 13-56887, 13-56880] (WL) [Entered: 03/23/2015 03:01 PM] |
| Filing 30 Filed (ECF) Appellees Wayne Early, Willie Floyd, Lawrence Green, Zachary Isaac, Demetrious Kassitas, Adrian Mararu, Adrian Moraru, Leslie Richardson, Leroy Smith, Jr., Gregory Valentini, Vietnam Veterans of America, Appellant Regents of The University of California and - Eric Shinseki in 13-56836, Appellant Brentwood School, - Eric Shinseki and Appellee Gregory Valentini in 13-56880, Appellants Donna M. Beiter, Eric Shinseki and Appellees Brentwood School, Wayne Early, Willie Floyd, Lawrence Green, Zachary Isaac, Demetrious Kassitas, Adrian Mararu, Adrian Moraru, Regents of The University of California, Leslie Richardson, Leroy Smith, Jr., Gregory Valentini and Vietnam Veterans of America in 13-56887, Appellees Donna M. Beiter, Eric Shinseki, Appellants Wayne Early, Willie Floyd, Lawrence Green, Zachary Isaac, Demetrious Kassitas, Adrian Mararu, Adrian Moraru, Leslie Richardson, Leroy Smith, Jr., Gregory Valentini, Vietnam Veterans of America and - Regents of The University of California in 13-56842 status report (as required by Court order dated 02/11/2015). Date of service: 02/24/2015 [9432227] [13-56836, 13-56880, 13-56887, 13-56842] (Tenny, Daniel) [Entered: 02/24/2015 11:40 AM] |
| Filing 29 Filed clerk order (Deputy Clerk: DA): The unopposed February 5, 2015 joint motion for remand is granted. See Fed. R. App. P. 12.1(b). These consolidated appeals are remanded to the district court for the limited purpose of enabling the district court to consider a joint Federal Rule of Civil Procedure 60(b) motion. Within 60 days after the date of this order or within 7 days after the district courts ruling on the Rule 60(b) motion, whichever occurs first, the parties shall file a report on the status of district court proceedings and motion for appropriate relief. The briefing schedule for these consolidated appeals is stayed pending further order of the court. [9418598] [13-56836, 13-56842, 13-56887, 13-56880] (AF) [Entered: 02/11/2015 04:18 PM] |
| Filing 28 Terminated Daniel Tenny for Brentwood School in 13-56887 (Entered for incorrect party per [ # 3 ]) [9418206] (TYL) [Entered: 02/11/2015 02:27 PM] |
| Filing 27 Terminated Alexander Mitchell Fenner for Brentwood School in 13-56880 and Brentwood School in 13-56887 (No longer with firm) [9418156] [13-56880, 13-56887] (TYL) [Entered: 02/11/2015 02:17 PM] |
| Filing 26 Terminated Kristin Escalante for Regents of The University of California in 13-56887 (no longer with firm) [9411907] (RY) [Entered: 02/06/2015 10:10 AM] |
| Filing 25 Filed (ECF) Appellees Wayne Early, Willie Floyd, Lawrence Green, Zachary Isaac, Demetrious Kassitas, Adrian Mararu, Leslie Richardson, Leroy Smith, Jr., Gregory Valentini, Vietnam Veterans of America and - Eric Shinseki in 13-56836, Appellees Donna M. Beiter, Eric Shinseki and Appellants Wayne Early, Willie Floyd, Lawrence Green, Zachary Isaac, Demetrious Kassitas, Adrian Mararu, Leslie Richardson, Leroy Smith, Jr., Gregory Valentini and Vietnam Veterans of America in 13-56842, - Eric Shinseki and Appellee Gregory Valentini in 13-56880, Appellants Donna M. Beiter, Eric Shinseki and Appellees Wayne Early, Willie Floyd, Lawrence Green, Zachary Isaac, Demetrious Kassitas, Adrian Mararu, Leslie Richardson, Leroy Smith, Jr., Gregory Valentini and Vietnam Veterans of America in 13-56887 Joint Motion to remand case. Date of service: 02/05/2015. [9410640] [13-56836, 13-56842, 13-56880, 13-56887] (Tenny, Daniel) [Entered: 02/05/2015 12:42 PM] |
| Filing 24 Filed order (ALFRED T. GOODWIN and SANDRA S. IKUTA) The court has received the January 9, 2014 notice of entry of orders. On January 8, 2015, the district court granted the emergency motion for an order preserving the status quo pending appeal. The limited remand established by this courts December 15, 2014 order is therefore terminated. The temporary injunction granted in this courts December 15, 2014 order is also terminated as unnecessary. The briefing schedule established previously for these consolidated appeals remains in effect. [9394022] [13-56836, 13-56842, 13-56887, 13-56880] (WL) [Entered: 01/23/2015 02:17 PM] |
| Filing 23 Streamlined request [21] by plaintiffs to extend time to file the brief is approved. Amended briefing schedule: First cross appeal brief due 02/13/2015 Second brief on cross appeal due 04/30/2015 . Intervenors brief due 4/30/15. Third brief on cross appeal due 06/10/2015. The optional reply brief is due 14 days from the date of service of the third brief on cross appeal. [9384420] [13-56836, 13-56842, 13-56887, 13-56880] (CG) [Entered: 01/15/2015 01:52 PM] |
| Filing 22 Streamlined request [21] by Appellees Wayne Early, Willie Floyd, Lawrence Green, Zachary Isaac, Demetrious Kassitas, Adrian Mararu, Adrian Moraru, Leslie Richardson, Gregory Valentini and Vietnam Veterans of America in 13-56836, Appellants Wayne Early, Willie Floyd, Lawrence Green, Zachary Isaac, Demetrious Kassitas, Adrian Mararu, Adrian Moraru, Leslie Richardson, Leroy Smith, Jr., Gregory Valentini and Vietnam Veterans of America in 13-56842, Appellee Gregory Valentini in 13-56880, 13-56887 to extend time to file the brief is approved. Amended briefing schedule: First cross appeal brief due 02/13/2015 for Wayne Early, Willie Floyd, Lawrence Green, Zachary Isaac, Demetrious Kassitas, Adrian Mararu, Adrian Moraru, Leslie Richardson, Leroy Smith Jr., Gregory Valentini and Vietnam Veterans of America. Second brief on cross appeal due 03/16/2015 for Regents of The University of California and Eric Shinseki. Third brief on cross appeal due 04/15/2015 for Wayne Early, Willie Floyd, Lawrence Green, Zachary Isaac, Demetrious Kassitas, Adrian Mararu, Adrian Moraru, Leslie Richardson, Leroy Smith Jr., Gregory Valentini and Vietnam Veterans of America. The optional reply brief is due 14 days from the date of service of the answering brief. [9384348] [13-56836, 13-56842, 13-56887, 13-56880] (KM) [Entered: 01/15/2015 01:37 PM] |
| Filing 21 Filed (ECF) Streamlined request for extension of time to file Opening Brief by Appellees Wayne Early, Willie Floyd, Lawrence Green, Zachary Isaac, Demetrious Kassitas, Adrian Mararu, Adrian Moraru, Leslie Richardson, Leroy Smith, Jr., Gregory Valentini and Vietnam Veterans of America in 13-56836, Appellants Wayne Early, Willie Floyd, Lawrence Green, Zachary Isaac, Demetrious Kassitas, Adrian Mararu, Adrian Moraru, Leslie Richardson, Leroy Smith, Jr., Gregory Valentini and Vietnam Veterans of America in 13-56842, Appellee Gregory Valentini in 13-56880, 13-56887. New requested due date is 02/13/2015. [9382713] [13-56836, 13-56842, 13-56880, 13-56887] (Ulin, John) [Entered: 01/14/2015 02:32 PM] |
| Filing 20 Filed (ECF) Appellees Wayne Early, Willie Floyd, Lawrence Green, Zachary Isaac, Demetrious Kassitas, Adrian Mararu, Adrian Moraru, Leslie Richardson, Leroy Smith, Jr. and Vietnam Veterans of America in 13-56836, Appellants Wayne Early, Willie Floyd, Lawrence Green, Zachary Isaac, Demetrious Kassitas, Adrian Mararu, Adrian Moraru, Leslie Richardson, Leroy Smith, Jr., Gregory Valentini and Vietnam Veterans of America in 13-56842, 13-56887 status report (as required by Court order dated 12/15/2014). Date of service: 01/09/2015 [9376900] [13-56836, 13-56842, 13-56880, 13-56887] (Ulin, John) [Entered: 01/09/2015 01:29 PM] |
| Filing 19 Added attorney David Allen Taylor for Zachary Isaac, Leroy Smith Jr., Adrian Mararu, Gregory Valentini, Adrian Moraru, Willie Floyd, Vietnam Veterans of America, Leslie Richardson, Wayne Early, Lawrence Green, and Demetrious Kassitas, in case 13-56836 and case 13-56842, and for Gregory Valentini, in case 13-56880 and case 13-56887. [9353620] [13-56836, 13-56842, 13-56887, 13-56880] (KB) [Entered: 12/17/2014 03:09 PM] |
| Filing 18 Filed (ECF) notice of appearance of David Allen Taylor for Appellees Wayne Early, Willie Floyd, Lawrence Green, Zachary Isaac, Demetrious Kassitas, Adrian Mararu, Adrian Moraru, Leslie Richardson, Leroy Smith, Jr., Gregory Valentini and Vietnam Veterans of America in 13-56836, Appellants Wayne Early, Willie Floyd, Lawrence Green, Zachary Isaac, Demetrious Kassitas, Adrian Mararu, Adrian Moraru, Leslie Richardson, Leroy Smith, Jr., Gregory Valentini and Vietnam Veterans of America in 13-56842, Appellee Gregory Valentini in 13-56880, 13-56887. Date of service: 12/17/2014. [9353508] [13-56836, 13-56842, 13-56880, 13-56887] (Taylor, David) [Entered: 12/17/2014 02:47 PM] |
| Filing 17 Filed order (ALFRED T. GOODWIN and SANDRA S. IKUTA) The court sua sponte consolidates appeal Nos. 13-56836, 13-56842, 13- 56880, and 13-56887. These appeals are hereby consolidated. The court has received plaintiffs-appellees November 24, 2014 emergency motion for an order preserving the status quo pending appeal with respect to construction of the Hollywood Canteen Amphitheater on the Department of Veterans Affairs West Los Angeles Campus. The motion is temporarily granted. The Department of Veterans Affairs is temporarily enjoined from continuing construction on the amphitheater until further order of this court. These consolidated appeals are remanded to the district court for the limited purpose of considering the November 24, 2014 motion for an order preserving the status quo pending appeal. Within 5 days after the district courts ruling on the November 24, 2014 motion, plaintiffs-appellees shall notify this court in writing of the ruling, and any party may file an appropriate motion for relief. The briefing schedule established in the courts October 28, 2014 order remains in effect.[9349144] [13-56836, 13-56842, 13-56887, 13-56880] (WL) [Entered: 12/15/2014 11:19 AM] |
| Filing 16 Filed order MEDIATION (CLB): The briefing schedule previously set by the court is reset as follows: Plaintiffs shall file an opening brief on cross appeal on or before January 15, 2015. The federal defendants shall file the second brief on cross-appeal on or before March 31, 2015. Intervenors shall file their opening briefs on or before March 31, 2015. Plaintiffs shall file the third brief on cross-appeal which shall respond to both federal defendants and intervenors on or before May 11, 2015. The federal defendants and intervenors may file optional reply briefs on cross-appeal on or before June 16, 2015. These appeals are released from the Mediation Program. All further inquiries regarding these appeals, including requests for extensions of time, should be directed to the Clerks office. [9292937] [13-56836, 13-56880, 13-56842, 13-56887] (SML) [Entered: 10/28/2014 01:45 PM] |
| Filing 15 Filed order MEDIATION (CLB): The briefing schedule remains vacated. The requirement that the parties agree on a new briefing schedule by September 15, 2014, as articulated in the courts order of August 6, 2014, is discharged. The court will hold an in-person mediation between plaintiffs and UCLA at 9:00 a.m. on September 5, 2014, at 2121 Murphy Hall on the UCLA campus. The court will hold an in-person mediation between plaintiffs and the Brentwood School at 2:00 p.m. on September 5, 2014, at 2121 Murphy Hall on the UCLA campus. The court will hold a dial-in telephone conference with all counsel on October 3, 2014, at 10:00 a.m. Pacific Time. The dial-in information will be provided at a later date. The court will hold an in-person mediation with all counsel and parties on October 14, 2014, at 10:00 a.m. in Pasadena, if needed. [9225775] [13-56836, 13-56880, 13-56842, 13-56887] (WL) [Entered: 09/02/2014 02:07 PM] |
| Filing 14 Filed order MEDIATION (CLB): The current briefing schedule is vacated. The parties shall agree on a new briefing schedule by September 15, 2014, if needed. A dial-in telephonic conference will be held on August 26, 2014, at 10:00 a.m. PACIFIC (San Francisco) Time. Dial-in information is available to counsel of record as a separate document attached to the electronic filing notification of this order. If any counsel of record is not able to access the dial-in information, please notify the Mediation Assistant immediately at Beatriz_Smith@ca9.uscourts.gov. [9195225] [13-56836, 13-56880, 13-56842, 13-56887] (OC) [Entered: 08/06/2014 10:13 AM] |
| Filing 13 Filed order MEDIATION (CLB): A dial-in telephonic conference will be held on August 1, 2014, at 10:00 a.m. PACIFIC (San Francisco) Time. Dial-in information is available to counsel of record as a separate document attached to the electronic filing notification of this order. [9174861] [13-56836, 13-56880, 13-56842, 13-56887] (AF) [Entered: 07/18/2014 04:20 PM] |
| Filing 12 Filed order MEDIATION (CLB): A dial-in telephonic conference will be held on July 9, 2014, at 10:00 a.m. PACIFIC (San Francisco) Time. Dial-in information is available to counsel of record as a separate document attached to the electronic filing notification of this order. If any counsel of record is not able to access the dial-in information, please notify the Mediation Assistant immediately at Beatriz_Smith@ca9.uscourts.gov. [9073804] [13-56836, 13-56880, 13-56842, 13-56887] (BJB) [Entered: 04/28/2014 09:26 AM] |
| Filing 11 Filed order MEDIATION (CLB): The clerk shall docket no. 13-56887 as a cross-appeal to 13-56842. The following briefing schedule shall govern these appeals: Plaintiffs shall file the first brief on cross appeal on or before August 15, 2014. The federal defendants shall file the second brief on cross-appeal by September 15, 2014. Plaintiffs shall file the third brief on cross-appeal by October 15, 2014. The federal defendants may file an optional reply brief on or before November 12, 2014. Intervenors UCLA and the Brentwood School shall file opening briefs on or before September 15, 2014. Plaintiffs shall file an answering brief to the intervenors briefs by October 15, 2014. Intervenors UCLA and the Brentwood School may file optional reply briefs by November 12, 2014. [9042554] [13-56836, 13-56880, 13-56887, 13-56842] (BJB) [Entered: 04/03/2014 08:52 AM] |
| Filing 10 Filed order MEDIATION (CLB): A dial-in telephonic conference will be held on April 14, 2014, at 10:00 a.m. PACIFIC (San Francisco) Time. Dial-in information is available to counsel of record as a separate document attached to the electronic filing notification of this order. If any counsel of record is not able to access the dial-in information, please notify the Mediation Assistant immediately at Beatriz_Smith@ca9.uscourts.gov. [9031750] [13-56836, 13-56842, 13-56880, 13-56887] (BJB) [Entered: 03/26/2014 09:50 AM] |
| Filing 9 Filed order MEDIATION (CLB): A dial-in telephonic conference will be held on March 21, 2014, at 10:00 a.m. PACIFIC (San Francisco) Time. Dial-in information is available to counsel of record as a separate document attached to the electronic filing notification of this order. If any counsel of record is not able to access the dial-in information, please notify the Mediation Assistant immediately at Beatriz_Smith@ca9.uscourts.gov. [9006890] [13-56836, 13-56842, 13-56880, 13-56887] (BJB) [Entered: 03/07/2014 11:55 AM] |
| Filing 8 Filed order MEDIATION (CLB): The undersigned will hold separate conferences with each party as follows: Plaintiffs: a) by telephone on February 14, 2014, at 9:00 a.m. Pacific Time; and, b) in-person on February 27, 2014, at 2:00 p.m. Pacific Time. The Government: by telephone on February 18, 2014, at 10:30 a.m. Pacific Time. The Brentwood School: in-person on February 27, 2014, at 10:00 a.m. Pacific Time. UCLA: in-person on February 27, 2014, at 12:00 p.m. Pacific Time. All in-person meetings will take place at the Richard H. Chambers U.S. Court of Appeals Building, 125 South Grand Avenue, Pasadena, California. Counsel should gather in the Attorneys Lounge. Additionally, the court will hold a dial-in telephone conference with all counsel on March 4, 2014, at 11:30 a.m. Pacific Time. Dial-in information is available to counsel of record as a separate document attached to the electronic filing notification of this order. If any counsel of record is not able to access the dial-in information, please notify the Mediation Assistant immediately at Beatriz_Smith@ca9.uscourts.gov. [8979254] [13-56836, 13-56842, 13-56880, 13-56887] (WL) [Entered: 02/14/2014 11:20 AM] |
| Filing 7 Filed order MEDIATION (CLB): The dial-in telephonic assessment conference originally scheduled for February 11, 2014, is rescheduled to February 13, 2014, at 10:00 a.m. PACIFIC (San Francisco) Time. Dial-in information is available to counsel of record as a separate document attached to the electronic filing notification of this order. If any counsel of record is not able to access the dial-in information, please notify the Mediation Assistant immediately at Beatriz_Smith@ca9.uscourts.gov. [8975199] [13-56836, 13-56842, 13-56880, 13-56887] (BJB) [Entered: 02/11/2014 03:31 PM] |
| Filing 6 Filed order MEDIATION (BS): The court has scheduled a dial-in telephone assessment conference at the date and time listed above (February 11, 2014, 10:00 a.m. Pacific Time) with counsel to discuss whether this case is appropriate for participation in the Mediation Program. Dial-in information is available to counsel of record as a separate document attached to the electronic filing notification of this order. If any counsel of record is not able to access the dial-in information, please notify the Mediation Assistant immediately at Beatriz_Smith@ca9.uscourts.gov. On or before February 5, 2014, the parties shall provide the name and contact information of all counsel intending to participate in the conference to Beatriz_Smith@ca9.uscourts.gov. Please notify the Chief Circuit Mediator immediately by email (Claudia_Bernard@ca9.uscourts.gov) if the dispute is settled, the appeal is dismissed or if counsel has an unavoidable scheduling conflict. Please copy all counsel on any such communications. The briefing schedule previously set by the court remains in effect. (See order for full text) [8943226] [13-56836, 13-56842, 13-56880, 13-56887] (IV) [Entered: 01/17/2014 11:33 AM] |
| Filing 5 Filed (ECF) Appellants Donna M. Beiter and Eric Shinseki Mediation Questionnaire. Date of service: 11/12/2013. [8857806] (Tenny, Daniel) [Entered: 11/12/2013 08:22 AM] |
| Filing 4 Added attorney Daniel Tenny for Donna M. Beiter Brentwood School, in case 13-56887. [8850977] (Turcios, Margoth) [Entered: 11/05/2013 01:29 PM] |
| Filing 3 Filed (ECF) notice of appearance of Daniel Tenny for Appellants Donna M. Beiter and Eric Shinseki. Date of service: 11/05/2013. [8850891] (Tenny, Daniel) [Entered: 11/05/2013 01:10 PM] |
| Filing 2 Filed representation notice of Elisabeth Layton for Appellants. Served on 10/28/2013. [8849788] (BG) [Entered: 11/04/2013 05:18 PM] |
| Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL. SEND MQ: Yes. The schedule is set as follows: Mediation Questionnaire due on 11/12/2013. Transcript ordered by 11/27/2013. Transcript due 02/25/2014. Appellants Donna M. Beiter and Eric Shinseki opening brief due 04/07/2014. Appellees Brentwood School, Wayne Early, Willie Floyd, Lawrence Green, Zachary Isaac, Demetrious Kassitas, Adrian Mararu, Adrian Moraru, Regents of The University of California, Leslie Richardson, Leroy Smith Jr., Gregory Valentini and Vietnam Veterans of America answering brief due 05/07/2014. Appellant's optional reply brief is due 14 days after service of the answering brief. [8849778] (BG) [Entered: 11/04/2013 05:11 PM] |
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