Case: Doe #1 v. Rumsfeld

1:03-cv-00707 | U.S. District Court for the District of Columbia

Filed Date: March 18, 2003

Closed Date: 2008

Clearinghouse coding complete

Case Summary

On March 18, 2003, plaintiffs, a group of active duty service members, National Guardsmen and Department of Defense civilian contract employees who had been ordered, or were imminently to be ordered, to take Anthrax Vaccine Adsorbed (AVA) filed a complaint in the District Court for the District of Columbia against the Department of Defense, the Department of Health and Human Services and the Food and Drug Administration. The plaintiffs alleged that they were ordered to submit to inoculation wit…

On March 18, 2003, plaintiffs, a group of active duty service members, National Guardsmen and Department of Defense civilian contract employees who had been ordered, or were imminently to be ordered, to take Anthrax Vaccine Adsorbed (AVA) filed a complaint in the District Court for the District of Columbia against the Department of Defense, the Department of Health and Human Services and the Food and Drug Administration. The plaintiffs alleged that they were ordered to submit to inoculation with AVA and were not provided with the opportunity to exercise informed consent, despite the fact that the vaccination was still under review by the FDA, in violation of 10 U.S.C § 1107, the Presidential Executive Order 13139 and the Department of Defense's own directive 6200.2. The plaintiffs asked that the court enjoin the Department of Defense from inoculating them without their informed consent.

The plaintiffs also filed a contemporaneous motion for a preliminary injunction and temporary restraining order. On December 22, 2003, the Court (Judge Emmet G. Sullivan) granted the motion for a preliminary injunction, and enjoined the defendants from inoculating service members without their consent. On January 2, 2004 the defendants filed an emergency motion asking for a stay of the preliminary injunction, based on the FDA's publishing of its final ruling on AVA. On January 7, 2004, the court (Judge Sullivan) ordered the stay of the court's preliminary injunction pending further orders of the court.

On March 3, 2004, both plaintiffs and defendants filed motions for summary judgment. The plaintiffs additionally asked for permanent injunctive relief. On October 27, 2004 the Court (Judge Sullivan) granted the plaintiffs' motion for summary judgment and ordered that the FDA's final rule and order be vacated and remanded to the agency for reconsideration. The court also ruled that unless and until the FDA classifies AVA as a safe and effective drug for its intended use, the injunction shall remain in effect. The court ruled that the involuntary anthrax vaccination program is illegal absent informed consent or a Presidential waiver under 10 U.S.C. § 1107. On April 6, 2005, the court also modified the injunction at the request of Defendants to include a provision that the AVA may be administered on a voluntary basis, pursuant to the terms of a lawful emergency use authorization.

On February 9, 2006, the Court of Appeals for the District of Columbia denied defendant Department of Defense's appeal and remanded the case to the district court because they held that the case was moot.

Summary Authors

Caitlin Howitt (11/6/2011)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4623151/parties/john-doe-v-rumsfeld/


Judge(s)

Griffith, Thomas Beall (District of Columbia)

Randolph, Arthur Raymond (District of Columbia)

Sullivan, Emmet G. (District of Columbia)

Tatel, David S. (District of Columbia)

Attorneys(s) for Plaintiff

Michels, John J. Jr. (Illinois)

Zaid, Mark S. (District of Columbia)

Attorneys(s) for Defendant

Blackwell, Craig M. (District of Columbia)

Boyle, Brian D. (District of Columbia)

Coffin, Shannen W. (District of Columbia)

Garvey, Vincent M. (District of Columbia)

Judge(s)

Griffith, Thomas Beall (District of Columbia)

Randolph, Arthur Raymond (District of Columbia)

Sullivan, Emmet G. (District of Columbia)

Tatel, David S. (District of Columbia)

Attorneys(s) for Plaintiff

Michels, John J. Jr. (Illinois)

Zaid, Mark S. (District of Columbia)

Attorneys(s) for Defendant

Blackwell, Craig M. (District of Columbia)

Boyle, Brian D. (District of Columbia)

Coffin, Shannen W. (District of Columbia)

Garvey, Vincent M. (District of Columbia)

Howard, Roscoe (District of Columbia)

Hunt, Joseph H. (District of Columbia)

Keisler, Peter D. (District of Columbia)

McCallum, Robert D. Jr. (District of Columbia)

Wainstein, Kenneth L. (District of Columbia)

Wiltsie, Ronald J. II (District of Columbia)

Other Attorney(s)

Karo, Martin H. (Pennsylvania)

Levine, Kenneth T. (Pennsylvania)

Expert/Monitor/Master

Tannenbaum, Andrew H. (District of Columbia)

Documents in the Clearinghouse

Document

District Court Docket

Jan. 25, 2008 Docket
4

Memorandum in Support of [Plaintiff's] Motion for Temporary Restraining Order and Preliminary Injunction

March 18, 2003 Pleading / Motion / Brief
3

Complaint

March 18, 2003 Complaint
6

Defendant's Opposition to Plaintiff's Motion for a Preliminary Injunction

April 9, 2003 Pleading / Motion / Brief
10

Reply to Defendants' Opposition to Plaintiffs' Motion for a Preliminary Injunction

April 25, 2003 Pleading / Motion / Brief
18

Memorandum Opinion [Granting Plaintiff's Motion for a Preliminary Injunction]

297 F.Supp.2d 119

Dec. 22, 2003 Order/Opinion
24

Defendants' Emergency Motion for Immediate Administrative Stay Pending Disposition of Defendants' Motions

Jan. 2, 2004 Pleading / Motion / Brief
25

Opposition to Immediate Administrative Stay Pending Disposition of Defendants' Motions

Jan. 4, 2004 Pleading / Motion / Brief
26

Defendants' Reply in Support of Emergency Motion for Immediate Administrative Stay Pending Disposition of Defendants' Motion

Jan. 5, 2004 Pleading / Motion / Brief
27

First Amended Complaint

Jan. 6, 2004 Complaint

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4623151/john-doe-v-rumsfeld/

Last updated May 20, 2022, 2:24 a.m.

ECF Number Description Date Link

SUMMONS (5) Issued as to MARK B. MCCLELLAN ; DONALD H. RUMSFELD ; TOMMY THOMPSON, U.S. Attorney and U.S. Attorney General (td, ) (Entered: 03/21/2003)

March 18, 2003
67

ORDER memorializing the briefing schedule, pursuant to proceedings held in open court on February 14, 2005. The defendant's response to the Court's Order to Show Cause shall be filed by no later than February 28, 2005; plaintiffs shall fil e a response to defendants' emergency motion to modify the injunction by no later than February 28, 2005; plaintiffs' reply to the defendant's response to the Court's order to show cause shall be filed by no later than March 10, 2 005; defendants' reply to plaintiffs' opposition to defendants' motion to modify the injunction shall be filed by no later than March 10, 2005. It is further ORDERED that a hearing on the Court's Order to Show Cause and the Defendants' Motion to Modify the Injunction shall be held on March 21, 2005 at 10:00 am in Courtroom One. Signed by Judge Emmet G. Sullivan on February 14, 2005. (lcegs1)

Feb. 14, 2005 RECAP
1

MOTION (Ex Parte) for Leave to File complaint using "John Does" and "Jane Does" and counsel's address in violation of LCVR 5.1(e) and to seal declaration of Mark S. Zaid by JANE DOE, JOHN DOE;attachment (affidavit, filed under seal. (td, ) Modified on 6/18/2003 (zstewart−payneb, ). (Entered: 03/21/2003)

March 18, 2003
90

ORDER granting 66 Defendant's Emergency Motion to Modify Injunction. Signed by Judge Emmet G. Sullivan on April 6, 2005. (lcegs1)

April 6, 2005 RECAP
146

MEMORANDUM OPINION. Signed by Judge Emmet G. Sullivan on August 21, 2007. (lcegs1)

Aug. 21, 2007 RECAP
2

ORDER granting re 1 plaintiff's Motion for Leave to File complaint. Signed by Judge Thomas F. Hogan on 03/18/03. (td, ) (Entered: 03/21/2003)

March 18, 2003
3

COMPLAINT against MARK B. MCCLELLAN, DONALD H. RUMSFELD, TOMMY THOMPSON (Filing fee $ 150.) , filed by JANE DOE, JOHN DOE.(td, ) (Entered: 03/21/2003)

March 18, 2003
4

MOTION for Preliminary Injunction, MOTION for Temporary Restraining Order by JANE DOE, JOHN DOE. (td, ) (Entered: 03/21/2003)

March 18, 2003

Status Hearing set for 3/25/2003 10:30 AM in Courtroom 1 before Emmet G. Sullivan.. Signed by Judge Emmet G. Sullivan on 03/21/03. (td, ) (Entered: 03/21/2003)

March 21, 2003

Set/Reset Hearings: Status Conference reset for 3/27/2003 11:30 AM in Courtroom 1 before Emmet G. Sullivan. (clv, ) (Entered: 03/25/2003)

March 25, 2003

Minute Entry for proceedings held before Judge Emmet G. Sullivan : Status Conference held on 3/27/2003. Motion Hearing set for 5/8/2003 10:00 AM in Courtroom 1 before Emmet G. Sullivan. chambers to electronically issue an order;(Court Reporter Frank Rangus.) (clv, ) (Entered: 03/27/2003)

March 27, 2003
5

SCHEDULING ORDER. Signed by Judge Emmet G. Sullivan on April 1, 2003. (lcegs1) (Entered: 04/01/2003)

April 1, 2003
7

NOTICE by MARK B. MCCLELLAN, DONALD H. RUMSFELD, TOMMY THOMPSON Regarding Filing Exhibits Attached to Defendants' Opposition to Plaintiffs' Motion for a Preliminary Injunction (Wiltsie, Ronald) (Entered: 04/09/2003)

April 9, 2003
8

Consent MOTION for Extension of Time to File Response/Reply by JOHN DOE. (Attachments: # 1 Text of Proposed Order)(Zaid, Mark) (Entered: 04/11/2003)

April 11, 2003

NOTICE: The Court directs counsel in this case to contact the Court by telephone at 12:30 pm. on Friday, April 25, in order to discuss further proceedings in this matter. Signed by Judge Emmet G. Sullivan on April 21, 2003. (lcegs1) (Entered: 04/21/2003)

April 21, 2003

ORDER finding as moot 8 Motion for Extension of Time to File Response/Reply. Signed by Judge Emmet G. Sullivan on April 25, 2003. (lcegs1) (Entered: 04/25/2003)

April 25, 2003
9

ORDER continuing hearing on pending motions until May 20, 2003 at 10:30 a.m. Signed by Judge Emmet G. Sullivan on April 25, 2003. (lcegs1) (Entered: 04/25/2003)

April 25, 2003
10

REPLY in support of motion re 4 Preliminary Injunction filed by JOHN DOE. (Attachments: # 1 Exhibit FDA Meeting Minutes# 2 Exhibit Bioport 1998 IND Supplemental# 3 Exhibit December 17, 1997 Meeting Memo# 4 Exhibit CDC Anthrax Information)(Zaid, Mark) (Entered: 04/25/2003)

April 25, 2003
11

ORDER continuing motions hearing to 5/20/03 at 10:30 a.m. Signed by Judge Emmet G. Sullivan on April 28, 2003. (lcegs1) (Entered: 04/28/2003)

April 28, 2003

Set/Reset Hearings: Motion Hearing set for 5/20/2003 03:00 PM in Courtroom 1 before Emmet G. Sullivan. (lcegs1) (Entered: 05/19/2003)

May 19, 2003

Minute Entry for proceedings held before Judge Emmet G. Sullivan : Motion Hearing held on 5/20/2003 re 4 MOTION for Preliminary Injunction MOTION for Temporary Restraining Order filed by JOHN DOE, JANE DOE.; motion heard and taken under advisement; counsel to submit order; (Court Reporter Jon Hundley, Miller.) (clv, ) (Entered: 05/20/2003)

May 20, 2003
12

MOTION to Seal Document by MARK B. MCCLELLAN, DONALD H. RUMSFELD, TOMMY THOMPSON. (Wiltsie, Ronald) (Entered: 05/23/2003)

May 23, 2003
13

NOTICE OF TRANSCRIPT FILED for dates May 20, 2003; Court Reporter: John Hundley, Miller Reporting. (td, ) (Entered: 05/30/2003)

May 28, 2003
14

ENTERED IN ERROR. . . .Joint MOTION for Protective Order by JANE DOE, JOHN DOE, MARK B. MCCLELLAN, DONALD H. RUMSFELD, TOMMY THOMPSON. (Wiltsie, Ronald) Modified on 6/19/2003 (td, ). (Entered: 06/19/2003)

June 19, 2003
15

STIPULATION for Protective Order for the Trade Secrets and Confidential Proprietary Information of BioPort Corporation by JANE DOE, JOHN DOE, MARK B. MCCLELLAN, DONALD H. RUMSFELD, TOMMY THOMPSON. (Wiltsie, Ronald) (Entered: 06/19/2003)

June 19, 2003
16

STIPULATED PROTECTIVE ORDER FOR THE TRADE SECRETS AND CONFIDENTIAL PROPERIETARY INFORMATION OF BIOPORT CORPORATION . Signed by Judge Emmet G. Sullivan on June 25, 2003. (clv, ) (Entered: 06/26/2003)

June 26, 2003
17

ORDER granting defendants' motion to file document under seal. Signed by Judge Emmet G. Sullivan on 7/1/03. (clv, ) (Entered: 07/08/2003)

July 8, 2003
134

EXHIBIT the last document filed in the Food and DRug Administration's file BB−IND 6847 by MARK B. MCCLELLAN, DONALD H. RUMSFELD, TOMMY THOMPSON 12 MOTION to Seal Document filed by DONALD H. RUMSFELD,, TOMMY THOMPSON,, MARK B. MCCLELLAN,; (SEALED) (td, ) (Entered: 08/03/2006)

July 8, 2003
18

ORDER granting 4 Plaintiff's Motion for Preliminary Injunction and setting forth instructions to parties. Signed by Judge Emmet G. Sullivan on December 22, 2003. (lcegs1) (Entered: 12/22/2003)

Dec. 22, 2003
19

First MOTION Clarification or in the Alternative for Reconsideration re 18 Order on Motion for Preliminary Injunction, Order on Motion for TRO, MOTION for Reconsideration re 18 Order on Motion for Preliminary Injunction, Order on Motion for TRO by MARK B. MCCLELLAN, DONALD H. RUMSFELD, TOMMY THOMPSON. (Attachments: # 1 Text of Proposed Order)(Wiltsie, Ronald) (Entered: 12/24/2003)

Dec. 24, 2003
20

First MOTION for Extension of Time to Respond to Defendants' Motion for Clarification by JANE DOE, JOHN DOE. (Attachments: # 1 Text of Proposed Order)(Zaid, Mark) (Entered: 12/30/2003)

Dec. 30, 2003

MINUTE ORDER The Court, sua sponte, directs that a Response, if any, to Plaintiff's Motion for Extension of Time shall be filed by no later than 12:00 p.m. on December 31, 2003. A Reply, if any, shall be filed by no later than 3:00 p.m. on December 31, 2003. Signed by Judge Emmet G. Sullivan on December 30, 2003. (lcegs1) (Entered: 12/30/2003)

Dec. 30, 2003
21

MOTION to Expedite, MOTION to Stay Preliminary Injunction , MOTION to Vacate Preliminary Injunction by MARK B. MCCLELLAN, DONALD H. RUMSFELD, TOMMY THOMPSON. (Attachments: # 1 Exhibit One# 2 Exhibit Two# 3 Exhibit Three# 4 Exhibit Four# 5 Text of Proposed Order)(Wiltsie, Ronald) (Entered: 12/30/2003)

Dec. 30, 2003
22

MOTION to Expedite Defendants' Pending Motion for a Clarification or in the Alternative for Reconsideration by MARK B. MCCLELLAN, DONALD H. RUMSFELD, TOMMY THOMPSON. (Attachments: # 1 Text of Proposed Order)(Wiltsie, Ronald) (Entered: 12/30/2003)

Dec. 30, 2003
23

Memorandum in opposition to motion re 20 an Extension of Time in Which to Respond to Defendants' Motion for a Clarification or in the Alternative for Reconsideration filed by MARK B. MCCLELLAN, DONALD H. RUMSFELD, TOMMY THOMPSON. (Attachments: # 1 Text of Proposed Order)(Wiltsie, Ronald) (Entered: 12/31/2003)

Dec. 31, 2003

MINUTE ORDER granting 20 Plaintiffs' Motion for Extension of Time and granting 22 Defendants' Motion to Expedite Review of the pending motions. Plaintiffs shall file Responses to Defendants' Motion for Clarification or in the alternative for Reconsideration and Defendants' Motion to Vacate the Preliminary Injunction and for a Stay by no later than 4:00 p.m. January 9, 2004. Any Replies to the pending motions shall be filed by 4:00 p.m. January 12, 2004. The Court, sua sponte, schedules a Motions Hearing for all pending motions at 10:00 a.m. on January 14, 2004. Plaintiffs are excused from filing a Reply to their Motion for Extension of Time. Signed by Judge Emmet G. Sullivan on December 31, 2003. (lcegs1, ) (Entered: 12/31/2003)

Dec. 31, 2003

Set/Reset Hearings: Motion Hearing set for 1/14/2004 10:00 AM in Courtroom 1 before Judge Emmet G. Sullivan. (lcegs1) (Entered: 12/31/2003)

Dec. 31, 2003
24

Emergency MOTION For Immediate Administrative Stay Pending Disposition Of Defendants' Motions re 19 First MOTION Clarification or in the Alternative for Reconsideration re 18 Order on Motion for Preliminary Injunction, Order on Motion for TRO MOTION for Reconsideration re 18 Order on Motion for Preliminary Injunction, Order on Motion for TRO MOTION for Reconsideration re 18 Order on Motion for Preliminary Injunction, Order on Motion for TRO, 21 MOTION to Expedite MOTION to Stay Preliminary Injunction MOTION to Stay Preliminary Injunction MOTION to Vacate Preliminary Injunction MOTION to Vacate Preliminary Injunction , 22 MOTION to Expedite Defendants' Pending Motion for a Clarification or in the Alternative for Reconsideration by MARK B. MCCLELLAN, DONALD H. RUMSFELD, TOMMY THOMPSON.

Jan. 2, 2004

MINUTE ORDER Defendants are directed to file a Reply to Plaintiffs' Response to Defendants' Emergency Motion for Immediate Administrative Stay Pending Disposition of Defendants' Motions by no later than 4:00 p.m. on January 6, 2004. Defendants are directed not to repeat any previously made arguements. A Motions Hearing to hear ONLY the Motion to Stay will be held January 7, 2004 at 12:30 p.m. Signed by Judge Emmet G. Sullivan on January 5, 2004. (lcegs1) (Entered: 01/05/2004)

Jan. 5, 2004
26

REPLY in support of motion re 24 Immediate Administrative Stay Pending Disposition of Defendants' Motions filed by MARK B. MCCLELLAN, DONALD H. RUMSFELD, TOMMY THOMPSON. (Wiltsie, Ronald) (Entered: 01/05/2004)

Jan. 5, 2004
27

ENTERED IN ERROR. . . .NOTICE by JANE DOE, JOHN DOE of Filing of First Amended Complaint (Attachments: # 1 Exhibit Exhibit 1 − Original Complaint# 2 Exhibit Exhibit 2 − First Amended Complaint# 3 Exhibit Attachment A − Anthrax Vaccine Adsorbed product insert# 4 Exhibit Attachment B − 2002 Anthrax Vaccine Adsorbed Product Insert# 5 Exhibit Attachment C − RFP DAMD17−85−R−0078# 6 Exhibit Attachment D − FDA Response to Citizen Petition# 7 Exhibit Attachment E − Federal Register, December 13, 1985# 8 Exhibit Attachment F − Testimony of Nancy Kingsbury, GAO# 9 Exhibit Attachment G − October 5, 1995 License Amendment Plan# 10 Exhibit Attachment H − Minutes of October 20, 1995 Meeting# 11 Exhibit Attachment I − Comparative Study# 12 Exhibit Attachment J − September 20, 1996, MBPI Letter to Dr. Kathryn C. Zoon# 13 Exhibit Attachment K − IND Introductory Statement# 14 Exhibit Attachment L − FDA letter of December 13, 1996# 15 Exhibit Attachment M − Industrial Capabilities Assessment# 16 Exhibit Attachment N − IND Application Supplements# 17 Exhibit Attachment O − Indemnification Agreement# 18 Exhibit Attachment P − September 29, 1999 Letter to Bailey# 19 Exhibit Attachment Q − August 6, 2002, AVIP Memorandum)(Zaid, Mark) Modified on 1/9/2004 (td, ). (Entered: 01/06/2004)

Jan. 6, 2004
28

ORDER granting 24 Motion to Stay the Injunction as Applied to Persons Other than the Named Parties. Signed by Judge Emmet G. Sullivan on January 7, 2004. (lcegs1) (Entered: 01/07/2004)

Jan. 7, 2004
29

Joint MOTION Joint Proposal Regarding Further Proceedings by JANE DOE, JOHN DOE, MARK B. MCCLELLAN, DONALD H. RUMSFELD, TOMMY THOMPSON. (Wiltsie, Ronald) (Entered: 01/13/2004)

Jan. 13, 2004

Minute Entry for proceedings held before Judge Emmet G. Sullivan : Motion Hearing held on 1/14/2004 Motion Hearing set for 3/15/2004 10:00 AM in Courtroom 1 before Judge Judge Emmet G. Sullivan. and May 18, 2004 at 10:00(Court Reporter Frank Rangus.) (clv, ) (Entered: 01/14/2004)

Jan. 14, 2004

MINUTE ORDER Parties are directed to confer and submit a joint proposed order memorializing the scheduling established at the January 14, 2004 Status Hearing. Signed by Emmet G. Sullivan on January 14, 2004. (lcegs1) (Entered: 01/14/2004)

Jan. 14, 2004
30

ORDER setting the schedule for further proceedings. Signed by Judge Emmet G. Sullivan on January 16, 2004. (lcegs1) (Entered: 01/16/2004)

Jan. 16, 2004

Set/Reset Hearings: Motion Hearing set for 3/15/2004 10:00 AM in Courtroom 1 before Judge Emmet G. Sullivan. (lcegs1) (Entered: 01/16/2004)

Jan. 16, 2004

Set/Reset Hearings: Motion Hearing set for 5/18/2004 10:00 AM in Courtroom 1 before Judge Emmet G. Sullivan. (lcegs1) (Entered: 01/16/2004)

Jan. 16, 2004
31

MOTION Determine that Class Certification is not Required for Program−Wide Injunctive Relief by JANE DOE, JOHN DOE. (Attachments: # 1 Memorandum of Law# 2 Text of Proposed Order)(Zaid, Mark) (Entered: 01/26/2004)

Jan. 26, 2004

Set/Reset Hearings: Motion Hearing set for 5/25/2004 10:00 AM in Courtroom 1 before Judge Emmet G. Sullivan. (lcegs1) (Entered: 02/02/2004)

Feb. 2, 2004
32

ENTERED IN ERROR. . . .NOTICE by MARK B. MCCLELLAN, DONALD H. RUMSFELD, TOMMY THOMPSON of Filing of the Administrative Record (Wiltsie, Ronald) Modified on 2/3/2004 (td, ). (Entered: 02/02/2004)

Feb. 2, 2004
33

ADMINISTRATIVE RECORD by MARK B. MCCLELLAN, DONALD H. RUMSFELD, TOMMY THOMPSON. (td, ) (Entered: 02/03/2004)

Feb. 2, 2004

DOCUMENT NO. 32 filed by defendant's has been Entered In Error and correctly reentered as document number 33(td, ) (Entered: 02/03/2004)

Feb. 2, 2004
34

Memorandum in opposition to motion re 31 to Determine that Class Certification is Not Required for Program−Wide Injunctive Relief filed by MARK B. MCCLELLAN, DONALD H. RUMSFELD, TOMMY THOMPSON. (Tannenbaum, Andrew) (Entered: 02/09/2004)

Feb. 9, 2004
35

MOTION to Seal Accompanying Unopposed Motion To Place Document Under Seal by MARK B. MCCLELLAN, DONALD H. RUMSFELD, TOMMY THOMPSON. (Wiltsie, Ronald) (Entered: 02/10/2004)

Feb. 10, 2004
36

MOTION to Place Document Under Seal by MARK B. MCCLELLAN, DONALD H. RUMSFELD, TOMMY THOMPSON. (Wiltsie, Ronald) (Entered: 02/10/2004)

Feb. 10, 2004
37

MOTION to Seal accompaning unopposed motion to place document under seal; EXHIBIT (SEALED; Unopposed Motion) by MARK B. MCCLELLAN, DONALD H. RUMSFELD, TOMMY THOMPSON. (td, ) (Entered: 02/13/2004)

Feb. 10, 2004

MINUTE ORDER granting 35 Defendant's Motion to Seal, granting 36 Defendant's Motion to Place Documents to Seal. Signed by Judge Emmet G. Sullivan on February 11, 2004. (lcegs1) (Entered: 02/11/2004)

Feb. 11, 2004
38

REPLY in support of motion re 31 Program Wide Injunctive Relief filed by JANE DOE, JOHN DOE. (Attachments: # 1 Exhibit Hartford Courant Article# 2 Exhibit Army Briefing# 3 Exhibit Financial Times Article)(Zaid, Mark) (Entered: 02/17/2004)

Feb. 17, 2004
39

ENTERED IN ERROR. . . .Consent MOTION for Protective Order For The Trade Secrets And Confidential Proprietary Information Of BioPort Corporation by JANE DOE, JOHN DOE, MARK B. MCCLELLAN, DONALD H. RUMSFELD, TOMMY THOMPSON. (Wiltsie, Ronald) Modified on 2/26/2004 (td, ). (Entered: 02/25/2004)

Feb. 25, 2004
40

STIPULATION Protective Order For The Trade Secrets And Confidential Proprietary Information Of BioPort Corporation by JANE DOE, JOHN DOE, MARK B. MCCLELLAN, DONALD H. RUMSFELD, TOMMY THOMPSON. (Wiltsie, Ronald) (Entered: 02/26/2004)

Feb. 26, 2004

DOCUMENT NO. 39 has been Entered In Error and counsel has been instructed to refile said document as a stipulation.(td, ) (Entered: 02/26/2004)

Feb. 26, 2004

MINUTE ORDER The Court accepts 40 the Consent Stipulation of the parties. Signed by Judge Emmet G. Sullivan on February 26, 2004. (lcegs1) (Entered: 02/26/2004)

Feb. 26, 2004
41

NOTICE OF TRANSCRIPT FILED for dates 1/14/02; Court Reporter: Frank J. Rangus. (td, ) (Entered: 03/03/2004)

Feb. 27, 2004
42

MOTION for Summary Judgment and supporting memorandum of points and authorities by MARK B. MCCLELLAN, DONALD H. RUMSFELD, TOMMY THOMPSON. (Attachments: # 1 Text of Proposed Order proposed order# 2 local rule 7.1(h) statement of material facts)(Blackwell, Craig) (Entered: 03/03/2004)

March 3, 2004
44

NOTICE by JANE DOE, JOHN DOE re 43 MOTION for Summary Judgment and Permanent Injunctive Relief Or, In The Alternative, Discovery of Filing (Attachments: # 1 Statement of Material Facts)(Zaid, Mark) (Entered: 03/03/2004)

March 3, 2004

MINUTE ENTRY − Due to the Trial in progress before the Court, the hearing on pending motions is rescheduled from 10:00 a.m. to 11:30 a.m. on 3/15/04. Set/Reset Hearings: Motion Hearing set for 3/15/2004 11:30 AM before Judge Judge Emmet G. Sullivan. (GK, ) (Entered: 03/12/2004)

March 12, 2004
45

ORDER denying without prejudice 31 Plaintiffs' Motion to determine that class certification is not required for program−wide injunctive relief, denying as moot 19 Defendants' Motion for Clarification, denying as moot 19 Defendants' Motion for Reconsideration, denying as moot 21 Defendants' Motion to Expedite, denying as moot 21 Defendants' Motion to Stay the Preliminary Injunction, denying as moot 21 Defendants' Motion to Vacate the Preliminay Injuncton and vacating the Court's January 7, 2004 Injunction with regard to the six Doe plaintiffs. Signed by Judge Emmet G. Sullivan on March 16, 2004. (lcegs1) (Entered: 03/16/2004)

March 16, 2004
46

Consent MOTION for Extension of Time to File Response/Reply by JANE DOE, JOHN DOE. (Attachments: # 1 Text of Proposed Order)(Zaid, Mark) (Entered: 03/31/2004)

March 31, 2004

MINUTE ORDER granting 46 the Consent Motion for Extension of Time to File Responses and Replies re 42 Defendants' MOTION for Summary Judgment and 43 Plaintiffs' MOTION for Summary Judgment. Responses are due by no later than 4/7/2004. Replies are due by no later than 4/21/2004. Signed by Judge Emmet G. Sullivan on March 31, 2004. (lcegs1) (Entered: 03/31/2004)

March 31, 2004
47

Memorandum in opposition to motion re 42 Defendants Request for Summary Judgment filed by JANE DOE, JOHN DOE. (Attachments: # 1 Exhibit Exhibit "1" − Schumm Declaration# 2 Exhibit Exhibit "1−A" − Statistical Analysis# 3 Exhibit Exhbit "1−B" − AVA and Gulf War Syndrome# 4 Exhibit Exhibit "1−C" − Comments on IOM Report# 5 Exhibit Exhibit "1−D" − Efficacy Memo# 6 Exhibit Exhibit "1−E" − Pittman Memo# 7 Exhibit Exhibit "1−F" − MDPH Visit# 8 Exhibit Exhibit "1−G" − MDPH Submission# 9 Exhibit Plaintiffs Response to Defs Statement of Material Facts)(Zaid, Mark) (Entered: 04/07/2004)

April 7, 2004
48

Memorandum in opposition to motion re 43 plaintiffs' motion for summary judgment filed by MARK B. MCCLELLAN, DONALD H. RUMSFELD, TOMMY THOMPSON. (Attachments: # 1 response to plaintiffs' statement of material facts# 2 Text of Proposed Order)(Blackwell, Craig) (Entered: 04/07/2004)

April 7, 2004

Set/Reset Hearings: Motion Hearing set for 5/25/2004 10:00 AM in Courtroom 1 before Judge Judge Emmet G. Sullivan. (clv, ) (Entered: 04/13/2004)

April 13, 2004
49

NOTICE by JANE DOE, JOHN DOE of Filing of Sealed Letter (Zaid, Mark) (Entered: 04/13/2004)

April 13, 2004
50

REPLY to opposition to motion re 42 defendants' motion for summary judgment filed by MARK B. MCCLELLAN, DONALD H. RUMSFELD, TOMMY THOMPSON. (Blackwell, Craig) (Entered: 04/21/2004)

April 21, 2004
51

REPLY to opposition to motion re 43 Plaintiffs' Motion for Summary Judgment Or, Alternatively, For Discovery filed by JANE DOE, JOHN DOE. (Attachments: # 1 Exhibit 1 − FDA Handwritten Fed Reg Notice)(Zaid, Mark) (Entered: 04/21/2004)

April 21, 2004

Minute Entry for proceedings held before Judge Emmet G. Sullivan : Motion Hearing held on 5/25/2004; motions heard and taken under advisement; (Court Reporter Elaine Merchant.) (clv, ) (Entered: 05/25/2004)

May 25, 2004
52

RESPONSE to the Court's May 26 Order by MARK B. MCCLELLAN, DONALD H. RUMSFELD, TOMMY THOMPSON. (Tannenbaum, Andrew) (Entered: 06/07/2004)

June 7, 2004
53

RESPONSE to Court's May 26, 2004 Order filed by JANE DOE, JOHN DOE. (Attachments: # 1 Exhibit 1 − Sammie Young Declaration# 2 Exhibit 1A − 1993 Congressional Record# 3 Exhibit 1B − 1980 Citizen Petition# 4 Exhibit 1C − 1972 GAO Report# 5 Exhibit 1D − 2002 GAO Report)(Zaid, Mark) (Entered: 06/07/2004)

June 7, 2004
54

MOTION to Strike by MARK B. MCCLELLAN, DONALD H. RUMSFELD, TOMMY THOMPSON. (Attachments: # 1 Text of Proposed Order)(Tannenbaum, Andrew) (Entered: 06/25/2004)

June 25, 2004
55

Unopposed MOTION for Extension of Time to File Response/Reply as to 54 MOTION to Strike by JANE DOE, JOHN DOE. (Attachments: # 1 Text of Proposed Order)(Zaid, Mark) (Entered: 07/09/2004)

July 9, 2004

MINUTE ORDER granting 55 the Unopposed Motion for Extension of Time to File Response re 54 the Government's MOTION to Strike. Response due by 7/14/2004. Signed by Judge Emmet G. Sullivan on July 12, 2004. (lcegs1) (Entered: 07/12/2004)

July 12, 2004
56

Memorandum in opposition to motion re 54 Striking Young Declaration filed by JANE DOE, JOHN DOE. (Zaid, Mark) (Entered: 07/14/2004)

July 14, 2004
57

NOTICE OF TRANSCRIPT FILED for motion held on dates May 25, 2004; Court Reporter: Elaine A. Merchant. (jf, ) (Entered: 07/19/2004)

July 14, 2004
58

ENTERED IN ERROR. . . .ORDER denying 42 Defendants' Motion for Summary Judgment, granting 43 Plaintiffs' Motion for Summary Judgment. Signed by Judge Emmet G. Sullivan on October 27, 2004. (lcegs1) Modified on 10/27/2004 (td, ). (Entered: 10/27/2004)

Oct. 27, 2004
59

MEMORANDUM OPINION. Signed by Judge Emmet G. Sullivan on October 27, 2004. (lcegs1) (Entered: 10/27/2004)

Oct. 27, 2004

DOCUMENT NO. 58 was Entered In Error and chambers will refile Order on Motion for Summary Judgment, (td, ) (Entered: 10/27/2004)

Oct. 27, 2004
60

ORDER denying 42 Defendants' Motion for Summary Judgment, granting 43 Plaintiffs' Motion for Summary Judgment. Signed by Judge Emmet G. Sullivan on October 27, 2004. (lcegs2) (Entered: 10/27/2004)

Oct. 27, 2004
61

CLERK'S JUDGMENT in favor of plaintiff against defendant. Signed by Judge Emmet G. Sullivan's Courtroom Deputy, Carol Votteler on October 27, 2004. (clv, ) (Entered: 10/28/2004)

Oct. 28, 2004
62

MOTION for Attorney Fees and Costs by JANE DOE, JOHN DOE. (Attachments: # 1 Exhibit A − Original Complaint# 2 Exhibit B − Court Opinion, Oct 27, 2004# 3 Exhibit C − Declaration of John J. Michels, Jr., Esq.# 4 Exhibit D − Statement of Attorneys Fees and Costs# 5 Exhibit E − Dr. Schumm Invoice# 6 Text of Proposed Order)(Zaid, Mark) (Entered: 11/28/2004)

Nov. 28, 2004
63

Joint MOTION to Continue To Hold Plaintiffs' Motion for Attorneys' Fees in Abeyance by JANE DOE, JOHN DOE, MARK B. MCCLELLAN, DONALD H. RUMSFELD, TOMMY THOMPSON. (Attachments: # 1 Text of Proposed Order)(Wiltsie, Ronald) (Entered: 12/13/2004)

Dec. 13, 2004
64

NOTICE OF APPEAL as to 60 Order, 61 Clerk's Judgment by MARK B. MCCLELLAN, DONALD H. RUMSFELD, TOMMY THOMPSON. (lc, ) (Entered: 12/27/2004)

Dec. 23, 2004

Transmission of Notice of Appeal and Docket Sheet to US Court of Appeals re 64 Notice of Appeal (lc, ) (Entered: 12/27/2004)

Dec. 23, 2004

USCA Case Number 04−5440 for 64 Notice of Appeal filed by DONALD H. RUMSFELD,, TOMMY THOMPSON,, MARK B. MCCLELLAN,. (lc, ) (Entered: 01/11/2005)

Jan. 3, 2005

MINUTE ORDER. The Court, sua sponte, directs the defendants to file by no later than February 1, 2005, a pleading describing the manner in which defendants are complying with the Court's Order of October 27, 2004. Signed by Judge Emmet G. Sullivan on January 26, 2005. (lcegs1) (Entered: 01/26/2005)

Jan. 26, 2005
65

RESPONSE to The Court's Minute Order Of January 26, 2005 filed by MARK B. MCCLELLAN, DONALD H. RUMSFELD, TOMMY THOMPSON. (Attachments: # 1 Exhibit One# 2 Exhibit Two)(Wiltsie, Ronald) (Entered: 02/01/2005)

Feb. 1, 2005
66

Emergency MOTION to Amend/Correct 60 Order /Modify Injunction by MARK B. MCCLELLAN, DONALD H. RUMSFELD, TOMMY THOMPSON. (Attachments: # 1 Exhibit 1 (Letter from Dr. Lester M. Crawford, D.V.M., PhD., FDA, to Dr. William Winkenwerder, Assistant Secretary of Defense for Health Affairs (Jan. 27, 2005))# 2 Exhibit 2 (70 Fed. Reg. 5452, 5452−−56)# 3 Exhibit 3 (Declaration of Emergency Pursuant to 21 U.S.C. 360bbb−3(b), Tommy G. Thompson, Secretary of Health and Human Services (Jan. 14, 2005))# 4 Exhibit 4 (Letter from Paul Wolfowitz, Deputy Secretary of Defense, to the Honorable Tommy G. Thompson, Secretary of Health and Human Services (Dec. 10, 2004))# 5 Exhibit 5 (70 Fed. Reg. 5450, 5450−−51))(Tannenbaum, Andrew) (Entered: 02/04/2005)

Feb. 4, 2005

MINUTE ORDER. The Court, sua sponte, schedules a Status Conference for 2/14/2005 at 11:00 am to discuss future proceedings in this case. Signed by Judge Emmet G. Sullivan on February 8, 2005. (lcegs1) (Entered: 02/08/2005)

Feb. 8, 2005

Set/Reset Hearings: Status Conference set for 2/14/2005 11:00 AM in Courtroom 1 before Judge Emmet G. Sullivan. (clv, ) (Entered: 02/09/2005)

Feb. 9, 2005

Minute Entry for proceedings held before Judge Emmet G. Sullivan : Status Conference held on 2/14/2005. Defendants to Respond to the Court's Order to Show Cause by 2/28/2005. Plaintiffs given until 2/28/2005 to file Opposition to Motion of Defendants to Modify Injunction. Defendants to file a Reply by 3/10/2005. A Show Cause Hearing set for 3/10/2005 at 10:00 AM in Courtroom 1 before Judge Emmet G. Sullivan. (Court Reporter Elaine Merchang.) (jwd) (Entered: 02/14/2005)

Feb. 14, 2005

State / Territory: District of Columbia

Case Type(s):

Prison Conditions

Key Dates

Filing Date: March 18, 2003

Closing Date: 2008

Case Ongoing: No

Plaintiffs

Plaintiff Description:

a group of active duty service members, National Guardsmen and Department of Defense civilian contract employees who had been ordered, or were imminently to be ordered, to take Anthrax Vaccine Adsorbed

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Department of Defense (Washington), Federal

Department of Health and Human Services (Washington), Federal

Case Details

Causes of Action:

Administrative Procedure Act, 5 U.S.C. §§ 551 et seq.

Availably Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Litigation

Content of Injunction:

Preliminary relief granted

Issues

General:

Informed consent/involuntary medication

Affected Gender:

Female

Male

Medical/Mental Health:

Medical care, general

Medical care, unspecified