Case: White v. Paulson

ORDER FOR CHANGE OF VENUE by Judge Thomas S Zilly transferring case from the USDC WDWA to USDC EDWA (see certified copy of the docket sheet on correspondence side of file #1)(see Bryers et al vs Paulsen et al consolidated with this case WDWA 97cv523 formerly EDWA 95cs573WFN in expando file #80)(cc: all counsel) (KH) Modified on 06/11/1997 (Entered: 06/11/1997)

Law Clerk assigned to case is 2 (admin)

General Electric Company's ANSWER To Plaintiffs' Amended Complaint Class Action (ECH) (Entered: 06/19/1997)

General E;ectroc Company's MOTION To Dismiss Plaintiffs' Claims For (1) Fraud, (2) Violation of 42 U.S.C. Sect. 1983, And (3) Constitutional Torts (ECH) (Entered: 06/19/1997)

General Electric Company's Memorandum In Support Of Its Motion To Dismiss Plaintiffs' Claims For (1) Fraud, (2) Violation of 42 U.S.C. Sect. 1983, And (3) Constitutional Torts [73-1] (ECH) (Entered: 06/19/1997)

General Electric Company's Request Foir Judicial Notice In Support Of Its Motion To Dismiss Plaintiffs' Claims For (1) Fraud, (2) Violation Of 42 U.S.C. Sect 1983, And (3) Constitutional Torts (ECH) (Entered: 06/19/1997)

Proposed Order re: Motion To Dismiss Plaintiffs' Claims For (1) Fraud, (2) Violation of 42 U.S.C. Sect. 1983, And (3) Constitutional Torts [73-1] submitted by defendant General Electric Co (ECH)

General Electric Company's MOTION TRo Dismiss Plaintiffs' Claims For (1) Fraud, (2) Violation of 42 U.S.C. Sect 1983, And (3) Constitutional Torts (ECH) (Entered: 06/20/1997)

Status Conference Notice ;status conference 4:30 7/8/97 Spokane, WA (FmrEmp)

ANSWER Of Drs. Paulsen, Bremner, The University Of Washington And The University Of Washington Medical Center To The Amended Complaint (ECH) (Entered: 06/27/1997)

Defendant Dr. C. Alvin Paulsen's MOTION To Dismiss 13th Claim for Relief set forth in pltfs' amended complaint (re civil claims for "crimes against humanity") (ECH) (Entered: 06/27/1997)

Notice Of Hearing Dr. C. Alvin Paulsen's 12(b) Motion To Dismiss Plaintiffs' Thirteenth Claim For Relief [78-1] (w/o oral argument 4:30 7/29/97 ) (ECH) (Entered: 06/27/1997)

Defendant University Of Washington' MOTION To Dismiss (ECH) (Entered: 06/27/1997)

Notice Of Hearing Of The University Of Washington And The University Of Washington Medical Center's 12(b) Motion To Dismiss [80-1] (w/o oral argument 4:30 7/29/97 ) (ECH) (Entered: 06/27/1997)

Proof of service by Univ WA Medical Ctr, University of WA of: pldgs. #77-81 (ECH) (Entered: 06/27/1997)

Defendant Rhay's ANSWER To Plaintiffs' Complaint For Damages (ECH) (Entered: 07/01/1997)

Defendant Conte ANSWER To Plaintiffs' Complaint For Damages (ECH) (Entered: 07/01/1997)

Proof of service by Robert J Rhay, William Conte of: pldgs. #83 & 84 (ECH) (Entered: 07/01/1997)

MOTION by plaintiffs for attorney Neil F Mara to appear pro hac vice (ECH) (Entered: 07/01/1997)

MOTION by plaintiff for attorney Eric L Cramer to appear pro hac vice (ECH) (Entered: 07/01/1997)

MOTION by plaintiffs for attorney Stanley B Siegel to appear pro hac vice (ECH) (Entered: 07/01/1997)

MOTION by plaintiff for attorney Kendall S Zylstra to appear pro hac vice (ECH) (Entered: 07/01/1997)

Proposed Orders (4) re: motion for attorney Kendall S Zylstra to appear pro hac vice [89-1], motion for attorney Stanley B Siegel to appear pro hac vice [88-1], motion for attorney Eric L Cramer to appear pro hac vice [87-1], motion for attorney Neil F Mara to appear pro hac vice [86-1] submitted by plaintiffs (ECH)

ORDER by Chief Judge Wm. Fremming Nielsen granting motion for attorney Kendall S Zylstra to appear pro hac vice [89-1], granting motion for attorney Stanley B Siegel to appear pro hac vice [88-1], granting motion for attorney Eric L Cramer to appear pro hac vice [87-1], granting motion for attorney Neil F Mara to appear pro hac vice [86-1] (cc: all counsel) (ECH) (Entered: 07/02/1997)

Notice of hearing setting motion TRo Dismiss Plaintiffs' Claims For (1) Fraud, (2) Violation of 42 U.S.C. Sect 1983, And (3) Constitutional Torts [76-1] (w/o oral argument 4:30 7/29/97 ), setting motion To Dismiss Plaintiffs' Claims For (1) Fraud, (2) Violation of 42 U.S.C. Sect. 1983, And (3) Constitutional Torts [73-1] (w/o oral argument 4:30 7/29/97 ) (ECH) (Entered: 07/02/1997)

Defendants Bobby J. Rhay's And Dr. William Conte's Joinder In Defendant Paulsen's Motion To Dismiss [78-1] (ECH) (Entered: 07/02/1997)

Status Conference Hearing : before Chief Judge Wm. Fremming Nielsen Hrg Location: Spokane; no court reporter (ECH)

ORDER by Chief Judge Wm. Fremming Nielsen (the court recuses itself from any further proceedings in this matter; case to be returned to the clerk for random reassignment to another judge in this district) (cc: all counsel) (ECH) (Entered: 07/09/1997)

ORDER by Chief Judge Wm. Fremming Nielsen this case is reassigned to Judge Robert H. Whaley; Clerk & counsel shall change case number & initials to 97-239-RHW; all further proceedings to be conducted by Judge Whaley) (cc: all counsel, and Judge Whaley) (ECH) Modified on 07/15/1997 (Entered: 07/09/1997)

Joinder Of Battelle Memorial Institute In Support Of Motion To Dismiss Plaintiffs' Thirteenth Claim For Relief [78-1] (ECH) (Entered: 07/10/1997)

ANSWER Of Defendant Battelle Pacific Northwest Laboratories, A Division Of Battelle Memorial Institute, To Amend Complaint (ECH) (Entered: 07/10/1997)

Law Clerk assigned to case is SC (DC)

Pink slip routed ; 4:30 8/12/97 Spokane, WA (NS)

Substitution of counsel: John D Wilson Jr replacing attorney David L Martin for C Alvin Paulsen (LE) (Entered: 07/21/1997)

End file #4 (LE)

MINUTES: In Court Hearing before Judge Robert H. Whaley Hrg Location: Spokane, WA; Mark Snover court reporter (PW)

Transcript filed (proceedings - scheduling conference - August 12, 1997) Mark Snover, Ct Rpt (PW) (Entered: 08/14/1997)

Stipulation and PROTECTIVE ORDER by Judge Robert H. Whaley : the list of names of putative class members and related information previously furnished to plaintffs' counsel shall be utilized only for purposes of this litigation, and not be disclosed to any party or counsel not involved in this matter; Document #70 shall be sealed (cc: all counsel) (PW) (Entered: 08/29/1997)

NOTICE of change of address for defendants Rhay's and Conte's attorneys, Bennett & Bigelow (LE) (Entered: 08/29/1997)

Joint Status Report (PW) (Entered: 09/02/1997)

Status Conference Notice ;telephonic status conf 8:00 9/10/97 Spokane, WA (NS)

Praecipe (signature page of Michael Madden on behalf of defendants Robert J Rhay and William Conte re joint status report certificate) [101-1] (LE) (Entered: 09/11/1997)

Proposed Stipulation for and Order of Dismissal of Defendant Bremner Without Prejudice (LE)

MINUTES: TELE/CHAMBERS before RHW/SPO; Debra Clark court reporter; status conference (LE)

Initial Disclosures by plaintiffs pur. to FRCP 26 (LE) (Entered: 09/11/1997)

Initial Disclosures by defendants C Alvin Paulsen MD and Univ WA Medical Ctr pur. to FRCP 26 (LE) (Entered: 09/11/1997)

Scheduling Conference Order by Judge Robert H. Whaley (All hearings in which oral argument has been requested shall be conducted telephonically unless approved for in-person argument by the Court; Parties may contact Magistrate Judges Suko or Imbrogno to schedule settlement conf in such a conf is agreed upon. This Order will serve as a referral and parties need not obtain any further approval but shall notify this Court if settlement conf interferes w/schedule set forth herein; Pltfs shall prepare its subpoena for former Dept of Energy Secretary O'Leary on or before 9/18/87; Any parties' mtn for protective order based on this subpoena shall be filed on or before 9/28/97; Disp mtn ddl: 1/20/98; Discovery shall be bifurcated; discovery cutoff deadline as to issues of statute of limitations and immunity shall be 12/19/97; parties to contact courtroom deputy to schedule hrg on above motions; trial date will not be set at this time; court declines to set new deadline for completion of Rule 26 disclosures; Defts advised to provide w/i 10 days of this Order a progress report on their attempts to locate witnesses identified by pltfs.) (cc:all counsel) (LE) (Entered: 09/15/1997)

Initial Disclosure by defendant Robert J Rhay, defendant William Conte pur. to FRCP 26 (LE) (Entered: 09/15/1997)

CERTIFICATION OF SCOPE OF EMPLOYMENT RE: defendants John Randolph Totter and James Leslie Liverman (LE) (Entered: 09/17/1997)

Defendants Totter's and Liverman's Notice of Substitution (the USA to be substituted in their stead) (LE) (Entered: 09/17/1997)

Proposed ORDER UPON SUBSTITUTION re: notice of substitution [108-1] submitted by defendants Totter & Liverman (LE)

Stipulation for and ORDER of Dismissal of Defendant Bremner Without Prejudice by Judge Robert H. Whaley : terminating party William J Bremner w/o prejudice and w/o costs COB: 154-29 (cc: all counsel) (KH) (Entered: 09/23/1997)

ORDER UPON SUBSTITUTION by Judge Robert H. Whaley terminating party James Leslie Liverman, party John Randolph Totter COB: 154-32, Adding party(s) USA (Ordered that the caption of this cse shall be amended to reflect the substitution of the USA as a party defendant, and it is futher ORDERED that the pltfs' 3rd, 4th, 5th, 6th, 8th, 9th, 10th, 11th, 12th, 13th claims for relief shall proceed as against the United States and that those claims are dismissed as to defendatns Totter and Liverman) (cc: all counsel) (KH) (Entered: 09/23/1997)

MOTION by plaintiff to join additional persons as plaintiffs (KH) (Entered: 09/23/1997)

Memorandum by plaintiffs in support of motion to join additional persons as plaintiffs [111-1] (KH) (Entered: 09/23/1997)

Notice by plaintiffs of hearing setting motion to join additional persons as plaintiffs [111-1] (w/o oral argument 10/24/97 ) (KH) (Entered: 09/23/1997)

Proposed Order Regarding Motion to Join additional persons as plaintiffs [111-1] submitted by plaintiffs (KH)

MOTION by plaintiff (unopposed) to extend time to file response to motion to dismiss (PW) (Entered: 09/26/1997)

MOTION by defendant USA for protective order re deposition of former Secretary of Energy Hazel O'Leary; oral arg 11/13/97 at 1:30 p.m. Spokane, WA (LE) (Entered: 09/29/1997)

United States' Certificate of Compliance with FRCP 26(c) and Local Rule 37(b) re Motion for Protective Order by defendant USA (LE) (Entered: 09/29/1997)

Memorandum by defendant USA in support of motion for protective order re deposition of former Secretary of Energy Hazel O'Leary; oral arg 11/13/97 at 1:30 p.m. Spokane, WA [115-1] (LE) (Entered: 09/29/1997)

Declaration of Richard Montague filed by defendant USA in support of USA's motion for protective order re deposition of former Secretary of Energy Hazel O'Leary; oral arg 11/13/97 at 1:30 p.m. Spokane, WA [115-1] (LE) (Entered: 09/29/1997)

Proposed Order on United States' Motion for Protective Order re deposition of former Secretary of Energy Hazel O'Leary; oral arg 11/13/97 at 1:30 p.m. Spokane, WA [115-1] submitted by defendant USA (LE)

Plaintiffs' Unopposed MOTION For Leave To File a Single, Overlength Brief In Opposition To Defendants' Three Respective Pending Motions For Dismissal (ECH) (Entered: 10/01/1997)

Response by defendants Rhay and Conte to plaintiffs' motion to join additional persons as plaintiffs [111-1] (LE) (Entered: 10/07/1997)

ATTORNEY APPEARANCE for defendant USA; Atty Janet F Katz as lead counsel, Gay E Kang, Bruce Edward Didesch appearing (Richard Montague, lead counsel for defendants Totter and Liverman, is also authorized to represent the United States in this case) (LE) (Entered: 10/07/1997)

MOTION by plaintiffs to compel production of other experiment subjects' medical records (LE) (Entered: 10/07/1997)

Memorandum by plaintiffs in support of motion to compel production of other experiment subjects' medical records [122-1] (LE) (Entered: 10/07/1997)

Affidavit of Keith D. Petrak in support of motion to compel production of other experiment subjects' medical records (LE) (Entered: 10/07/1997)

Notice by plaintiffs of hearing setting motion to compel production of other experiment subjects' medical records [122-1] (w/o oral argument 11/6/97 ) (LE) (Entered: 10/07/1997)

Plaintiffs' Omnibus Response to Defendants' Motions To Dismiss [80-1], [78-1] [76-1] [73-1] (LE) (Entered: 10/07/1997)

Transcript filed re Telephonic Status Conference held before RHW on 9/10/97 (LE) (Entered: 10/08/1997)

Proposed Order Granting Motion to Compel production of other experiment subjects' medical records [122-1] submitted by plaintiffs (LE)

Amended Notice by defendant USA of hearing setting motion for protective order re deposition of former Secretary of Hazel O'Leary; oral arg 12/4/97 at 1:30 p.m. Spokane, WA [115-1] (LE) (Entered: 10/09/1997)

ORDER by Judge Robert H. Whaley granting motion For Leave To File a Single, Overlength Brief In Opposition To Defendants' Three Respective Pending Motions For Dismissal [119-1], granting motion to extend time to file response to motion to dismiss [114-1] (cc: all counsel) (ECH) (Entered: 10/10/1997)

Memorandum of Law by plaintiffs In Reply to motion for protective order re deposition of former Secretary of Energy Hazel O'Leary; oral arg 11/13/97 at p.m. Spokane, WA [115-1] (LE) (Entered: 10/14/1997)

Affidavit of Kendall S. Zylstra in support of plaintiffs' memorandum of law in reply to protective order on behalf of the former Secretary of Energy (LE) (Entered: 10/14/1997)

Defendant C Alvin Paulsen MD and defendant Univ WA Medical Ctr Joinder in Rhay's and Conte's Response to Plaintiffs' Motion to join additional persons as plaintiffs [111-1] (LE) (Entered: 10/14/1997)

MINUTES: TELE/CHAMBERS RHW/SPO; Debra Clark court reporter; re: plaintiff's motion to exclude inquiry re prior criminal history (LE)

NOTICE AND UNOPPOSED MOTION by defendant USA for enlargement of time, and for expedited hearing (LE) (Entered: 10/21/1997)

Proposed Order Enlarging Time [133-1] submitted by defendant USA (LE)

MOTION by defendant USA to substitute attorney (substituting James R. Shively, Asst US Atty for EDWA for Christopher Pickerell, Asst US Atty for WDWA) (LE) (Entered: 10/22/1997)

ORDER ENLARGING TIME by Judge Robert H. Whaley granting motion for expedited hearing [133-2] granting motion for enlargement of time [133-1] (US shall have until and including 10/30/97 in which to file its Reply Memorandum in support of its motion for a Protective Order Regarding the Deposition of Hazel O'Leary) (cc: all counsel) (LE) (Entered: 10/23/1997)

End file #6 (LE)

Notice by defendant USA setting hearing on motion to substitute attorney [134-1] (w/o oral argument 10:30 11/24/97 ) (LE) (Entered: 10/24/1997)

Stipulation and (proposed Order) Extending Date in Which Defendants' Reply Briefs Regarding Defendants' Motions to Dismiss Shall be Filed (LE) (Entered: 10/27/1997)

Proposed Order re: stipulation [137-1] (LE)

ORDER GRANTING MOTION TO COMPEL PRODUCTION OF OTHER EXPERIMENT SUBJECTS' MEDICAL RECORDS by Judge Robert H. Whaley [122-1] (all med recs previously w/held on basis of physician/patient privilege, including but not limited to the research volunteer files, study records, prison med recs and all other docs previously w/held from production or redated on the basis of a physician/patient privilege ("medical records") of all subjects who participated in the Study of irradiation Effects on the Human Testes: Including Histologic, Chromosomal and Hormonal Aspects ("Study"), but who are not named plaintiffs and have not otherwise consented to disclosure of the medical records, shall be produced subject to the following procedures and requirements: (a) all personal identifying information (including name, prison ID #, research volunteer #, FBI #, and Social Security #) of the subjects shall be redacted from the med recs; On each med rec there shall be placed a coded # associated w/the personal identity of the subject so as to allow the records of each subject to be cross-referenced; all parties shall use the same confidential code # for each subject; The confidential code # shall be retained in the sole possession of the producing poarties unless the subject or, if deceased, a family member consents to disclosure of med recs; (b) all medical & prison recs produced re any subject of the Study, including the named plts & those subjects who have consented to disclosure of their med recs shall be utilized only for purposes of this litigation (see Order for further detail re disclosure); any person other than the Court, parties, counsel & their staff to whom the information is to be disclosed must first be provided with a copy of this Order and execute a certificate in the form attached hereto, agreeing to be bound by this order; Any such medical or prison records filed in court shall be filed under seal; Nothing in this Order shall preclude any subject or, if deceased, a family member from consenting to such disclosure, thereby exempting them from this protective order) (cc: all counsel) (LE) (Entered: 10/28/1997)

Reply Memorandum by defendant USA to Memorandum in Opposition to USA's motion for protective order re deposition of former Secretary of Energy Hazel O'Leary; oral arg 11/13/97 at 1:30 p.m. Spokane, WA [115-1] (LE) (Entered: 10/30/1997)

STIPULATION AND ORDER by Judge Robert H. Whaley EXTENDING DATE IN WHICH DEFENDANTS' REPLY BRIEFS REGARDING DEFENDANTS' MOTIONS TO DISMISS SHALL BE FILED (defts' reply briefs shall be served & filed no later than 11/14/97) (cc: all counsel) (LE) (Entered: 10/30/1997)

MOTION by defendant USA to dismiss for lack of subject matter jurisdiction (LE) (Entered: 10/31/1997)

Memorandum by defendant USA in support of motion to dismiss for lack of subject matter jurisdiction [141-1] (LE) (Entered: 10/31/1997)

Declaration of David R. Hughes filed by defendant USA re motion to dismiss for lack of subject matter jurisdiction [141-1] (LE) (Entered: 10/31/1997)

Notice by defendant USA setting hearing on motion to dismiss for lack of subject matter jurisdiction [141-1] (w/o oral argument 12/4/97 ) (LE) (Entered: 10/31/1997)

Proposed Order Granting Motion to Dismiss for lack of subject matter jurisdiction [141-1] submitted by defendant USA (LE)

Stipulation (and Order) Regarding Joinder of Additional Persons as Plaintiffs and Pretrial Schedule (LE) (Entered: 11/04/1997)

Proposed Order Re Joinder of Additional Persons as Plaintiffs and Pretrial Schedule re: stipulation [145-1] (LE)

AMENDED Notice by defendant C Alvin Paulsen MD setting hearing on motion To Dismiss [78-1] (w/o oral argument 1:30 12/4/97 ) (LE) (Entered: 11/06/1997)

AMENDED Notice by defendant University of WA, defendant Univ WA Medical Ctr setting hearing on motion To Dismiss [80-1] (w/o oral argument 1:30 12/4/97 ) (LE) (Entered: 11/06/1997)

ORDER REGARDING JOINDER OF ADDITIONAL PERSONS AS PLAINTIFFS AND PRETRIAL SCHEDULE by Judge Robert H. Whaley granting motion to join additional persons as plaintiffs [111-1] granting stipulation [145-1], ; 3/20/98 Discovery deadline as to issues of statue of limitations and immunity;, Dispositive motions as to the statute of limitations and immunity issues shall be filed on or before 4/24/98; Adding party(s) Donna Bryant, Estate of David L Bryant, deceased, William Dana, Clara Dana, Michael Donovan, Vincent Fraulini, Helen Fraulini, William Jansen, David Metreveli, Donald Nelson, Obie Noonkester, Jack Shepard, Jess Shirley, Charles Stowell (cc: all counsel) (LE) (Entered: 11/07/1997)