Case: Wiley v. Kennedy

COMPLAINT with Jury Demand. Filing Fee $405.00. Receipt # CWVSDC-8860820. (Attachments: # 1 Robert F. Kennedy, Jr., proposed summons, # 2 US Department of Health and Human Services proposed summons, # 3 Civil Cover Sheet) (lca) (Entered: 04/08/2025)

1 Robert F. Kenned, Jr., proposed summons

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2 US Department of Health and Human Services proposed summons

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3 Civil Cover Sheet

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Case Assigned

CASE assigned to Judge Irene C. Berger. (klc)

ELECTRONIC SUMMONS ISSUED as to Robert F. Kennedy, Jr, U.S. Department of Health and Human Services, re: 1 Complaint. Summons returnable 60 days. Instructions to Counsel: This is your electronic summons. Please print as many copies of the Summons and Complaint as are necessary to effectuate service under Fed. R. Civ. P. 4. See Proof of Service page of this Summons form for filing a return of service if required by Fed. R. Civ. P. 4(l). (Attachment: # 1 Robert F. Kennedy, Jr., summons) (lca)

ADMINISTRATIVE ORDER FOR ASSIGNMENT AND REFERRAL TO MAGISTRATE JUDGES OF CIVIL ACTIONS ASSIGNED TO JUDGE IRENE C. BERGER ENTERED NOVEMBER 12, 2019. This matter referred to Magistrate Judge Omar J. Aboulhosn for Discovery. (cc: counsel of record; any pro se party) (klc)

AMENDED COMPLAINT with Jury Demand by Harry Wiley against Robert F. Kennedy, Jr., U.S. Department of Health and Human Services. (Attachments: # 1 Verified Statement of Anthony Scott Laney, # 2 Verified Statement of Harry Wiley) (kew) (Entered: 04/22/2025)

1 Verified Statement of Anthony Scott Laney

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2 Verified Statement of Harry Wiley

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SUMMONS RETURNED EXECUTED for U.S. Department of Health and Human Services, re: 1 Complaint . U.S. Department of Health and Human Services served on 4/15/2025, answer due 6/16/2025. Person Served: Matthew Lindsay, USA. (Attachments: # 1 Return Receipt as to DHHS, # 2 Return Receipt as to USA, # 3 Return Receipt as to Attorney General) (Petsonk, Samuel) (Modified on 4/22/2025 to correct link, correct answer due date and attach certified mail return receipts) (kew).

SUMMONS RETURNED EXECUTED for Robert F. Kennedy, Jr., re: 1 Complaint. Robert F. Kennedy, Jr. served on 4/14/2025, answer due 5/5/2025. (Petsonk, Samuel) (Modified on 4/22/2025 to correct link) (kew).

NOTICE of Filing Amended Complaint by Harry Wiley. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Petsonk, Samuel)

MOTION by Harry Wiley for Preliminary Injunction (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H)(Petsonk, Samuel)

1 Exhibit A

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2 Exhibit B

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3 Exhibit C

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4 Exhibit D

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5 Exhibit E

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6 Exhibit F

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7 Exhibit G

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8 Exhibit H

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MEMORANDUM OF LAW by Harry Wiley in support of 7 MOTION by Harry Wiley for Preliminary Injunction (Petsonk, Samuel)

ORDER directing that the Defendants file a response to Plantiff's 7 MOTION for Preliminary Injunction no later than 5/1/2025 and that the parties appear for a hearing in this matter on 5/7/2025 at 10:00 AM in Charleston before Judge Irene C. Berger; further directing that lead counsel and any unrepresented parties appear fully prepared to discuss the motion and present any evidence they wish the Court to consider; further directing the Plaintiff to ensure that the Defendants are promptly served with copies of the motion, memorandum, supporting exhibits, and this Order. Signed by Judge Irene C. Berger on 4/22/2025. (cc: counsel of record; any unrepresented party) (jsa)

NOTICE OF APPEARANCE by Fred B. Westfall, Jr. on behalf of Robert F. Kennedy, Jr., U.S. Department of Health and Human Services. (Westfall, Fred)

NOTICE of Scheduling Conflict by Robert F. Kennedy, Jr., U.S. Department of Health and Human Services re: 9 Order. (Westfall, Fred)

NOTICE OF APPEARANCE by J. Michael Becher on behalf of Harry Wiley. (Becher, J.)

MOTION by Robert F. Kennedy, Jr., U.S. Department of Health and Human Services to Dismiss 10 Amended Complaint. (Attachment: # 1 Exhibit 1)(Westfall, Fred)

1 Exhibit 1

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MOTION by Robert F. Kennedy, Jr., U.S. Department of Health and Human Services to Seal Attachments A through K. to Exhibit 1 to 14 Motion to Dismiss. (Attachment: # 1 Attachments A through K) (Westfall, Fred) (Modified on 5/1/2025 to add link to #14 motion) (kew).

MOTION by Robert F. Kennedy, Jr., U.S. Department of Health and Human Services to Exceed Page Limit for Memorandum of Law in Support of Motion to Dismiss and Response in Opposition to Motion for Preliminary Injunction with proposed document attached (Attachment: # 1 Proposed Memorandum of Law)(Westfall, Fred)

MOTION by Robert F. Kennedy, Jr., U.S. Department of Health and Human Services to Dismiss Demand for a Jury Trial re: 10 Amended Complaint. (Westfall, Fred)

MEMORANDUM OF LAW by Robert F. Kennedy, Jr., U.S. Department of Health and Human Services in support of 17 MOTION by Robert F. Kennedy, Jr., U.S. Department of Health and Human Services to Dismiss Demand for a Jury Trial re: 10 Amended Complaint. (Westfall, Fred)

ORDER directing the 15 MOTION by Robert F. Kennedy, Jr., U.S. Department of Health and Human Services to Seal Attachments A through K to Exhibit 1 to 14 Motion to Dismiss be filed on the public docket; the exhibits attached to the motion are to remain under seal pending further order of the Court. Signed by Judge Irene C. Berger on 5/1/2025. (cc: counsel of record; any unrepresented party) (kew)

MOTION by Robert F. Kennedy, Jr., U.S. Department of Health and Human Services to Seal Attachments A through K to Exhibit 1 to 14 Motion to Dismiss; filed pursuant to the 19 Order. (kew)

ORDER granting 16 MOTION by Robert F. Kennedy, Jr., U.S. Department of Health and Human Services to Exceed Page Limit for Memorandum of Law in Support of Motion to Dismiss and Response in Opposition to Motion for Preliminary Injunction; directing the memorandum in support be FILED. Signed by Judge Irene C. Berger on 5/6/2025. (cc: counsel of record; any unrepresented party) (kew)

MEMORANDUM OF LAW by Robert F. Kennedy, Jr., U.S. Department of Health and Human Services in support of 14 MOTION by Robert F. Kennedy, Jr., U.S. Department of Health and Human Services to Dismiss 10 Amended Complaint and in opposition to 7 MOTION by Harry Wiley for Preliminary Injunction. (kew)

MOTION by Robert F. Kennedy, Jr., U.S. Department of Health and Human Services to Quash Subpoena Duces Tecum Issued for David Weissman, M.D. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Westfall, Fred)

1 Exhibit 1

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2 Exhibit 2

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MEMORANDUM by Robert F. Kennedy, Jr., U.S. Department of Health and Human Services in support of 23 MOTION by Robert F. Kennedy, Jr., U.S. Department of Health and Human Services to Quash Subpoena Duces Tecum Issued for David Weissman, M.D. (Westfall, Fred)

REPLY by Harry Wiley to 22 Memorandum of Law in Opposition. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Pomponio, Bren)

1 Exhibit A

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2 Exhibit B

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3 Exhibit C

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ORDER granting 23 MOTION by Robert F. Kennedy, Jr., U.S. Department of Health and Human Services to Quash Subpoena Duces Tecum Issued for David Weissman, M.D.; directing that the subpoena duces tecum is QUASHED. Signed by Judge Irene C. Berger on 5/6/2025. (cc: counsel of record; any unrepresented party) (kew)

MOTION HEARING held by Judge Irene C. Berger on 5/7/2025 re: 7 MOTION by Harry Wiley for Preliminary Injunction; Court Reporter: Lisa Cook. (kkt)

ORDER granting 15 and 20 MOTION by Robert F. Kennedy, Jr., U.S. Department of Health and Human Services to Seal Attachments A through K to Exhibit 1; directing that Exhibits A-K (Document 15-1) be maintained UNDER SEAL. Signed by Judge Irene C. Berger on 5/7/2025. (cc: counsel of record; any unrepresented party) (kew)

*SEALED* ATTACHMENTS A-K by Robert F. Kennedy, Jr, U.S. Department of Health and Human Services in support of 14 MOTION by Robert F. Kennedy, Jr., U.S. Department of Health and Human Services to Dismiss 10 Amended Complaint. (sealed pursuant to the #28 order) (kew)

WITNESS LIST by Harry Wiley Re: Preliminary Injunction Hearing held 5/7/2025. (tmr)

ORDER Directing that Plaintiff Exhibit 1, and Defendant's Exhibits 1-11, introduced at the preliminary injunction hearing held 5/7/2025, be filed under seal. Signed by Judge Irene C. Berger on 5/7/2025. (cc: Counsel of record; any unrepresented party) (tmr)

SEALED EXHIBITS filed by Plaintiff and Defendant's pursuant to 31 Court Order: Exhibits P1 and D1-11. (Attachments: # 1 Exhibit P-1, # 2 Exhibit D-1, # 3 Exhibit D-2, # 4 Exhibit D-3, # 5 Exhibit D-4, # 6 Exhibit D-5, # 7 Exhibit D-6, # 8 Exhibit D-7, # 9 Exhibit D-8, # 10 Exhibit D-9, # 11 Exhibit D-10, # 12 Exhibit D-11). (tmr)

EXHIBIT LIST and EXHIBITS by Robert F. Kennedy, Jr., U.S. Department of Health and Human Services, Harry Wiley Re: Preliminary Injunction Hearing held 5/7/2025. (Attachments: # 1 Exhibit D-12, # 2 Exhibit D-13, # 3 Exhibit P-2, # 4 Exhibit P-4, # 5 Exhibit P-6 (not admitted), # 6 Exhibit P-7 (not admitted)). (tmr) (Additional attachment added on 5/8/2025: # 7 Exhibit P-5) (cbo).

EXHIBIT LIST and EXHIBITS by Harry Wiley Re: Preliminary Injunction Hearing held 5/7/2025: P3 (Attachments: # 1 Exhibit P-3, # 2 Exhibit P-3 continued, # 3 Exhibit P-3 continued, # 4 Exhibit P-3 continued, # 5 Exhibit P-3 continued, # 6 Exhibit P-3 continued, # 7 Exhibit P-3 continued, # 8 Exhibit P-3 continued, # 9 Exhibit P-3 continued, # 10 Exhibit P-3 continued, # 11 Exhibit P-3 continued). (tmr)

NOTICE OF DOCKET CORRECTION re: 33 EXHIBIT LIST and EXHIBITS by Robert F. Kennedy, Jr., U.S. Department of Health and Human Services, Harry Wiley Re: Preliminary Injunction Hearing held 5/7/2025. ERROR: Exhibit P-5 inadvertently omitted from the entry. CORRECTION: Exhibit P-5 added as an attachment. (cbo)

Notice of Docket Correction

TRANSCRIPT OF PROCEEDINGS of Preliminary Injunction Hearing held on May 7, 2025, before Judge Irene C. Berger. Court Reporter Lisa Cook, Telephone number 304-347-3198. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Redact due 5/22/2025. Redaction Request due 6/2/2025. Redacted Transcript Deadline set for 6/12/2025. Release of Transcript Restriction set for 8/11/2025. (lac)

MEMORANDUM OPINION AND ORDER granting 7 MOTION by Harry Wiley for Preliminary Injunction; directing that the RIFs be enjoined and rescinded to facilitate the full restoration of the NIOSH Respiratory Health Division including health surveillance and that there be no gap in the protections and services mandated by Congress; Defendant is directed to submit a written certification of compliance within 20 days of the entry of this Order; the security required by Federal Rule of Civil Procedure 65(c) is set at ZERO, as set forth more fully herein. Signed by Judge Irene C. Berger on 5/13/2025. (cc: counsel of record; any unrepresented party) (kew)

MEMORANDUM OF LAW by Harry Wiley in response to 14 MOTION by Robert F. Kennedy, Jr., U.S. Department of Health and Human Services to Dismiss 10 Amended Complaint. (Attachment: # 1 Exhibit A)(Pomponio, Bren)

RESPONSE by Harry Wiley re: 17 MOTION by Robert F. Kennedy, Jr., U.S. Department of Health and Human Services to Dismiss Demand for a Jury Trial re: 10 Amended Complaint. (Pomponio, Bren)

ORDER AND NOTICE: Motions under FR Civ P 12(b) - 6/2/2025. Last day for Rule 26(f) meeting - 6/9/2025. Last day to file Report of Parties' Planning Meeting and Scheduling Order Worksheet - 6/16/2025. Scheduling Conference at 11:30 AM in Charleston, West Virginia on 7/2/2025, before the undersigned, unless cancelled. Entry of Scheduling Order - 7/9/2025. Last day to serve FR Civ P 26(a)(1) initial disclosures pre-discovery - 7/16/2025. Signed by Judge Irene C. Berger on 5/19/2025. (cc: counsel of record; any unrepresented party) (mfo)

NOTICE Regarding Redactions by Harry Wiley re: 35 Transcript of Proceedings. (Petsonk, Samuel)

REPLY by Robert F. Kennedy, Jr., U.S. Department of Health and Human Services to 37 Memorandum of Law in Response. (Attachment: # 1 Exhibit 1)(Westfall, Fred)

1 Exhibit 1

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MOTION by Harry Wiley for Leave to File Sur-Reply to 41 Reply to Response. (Attachment: # 1 Proposed Sur-Reply)(Becher, J.) (Modified on 6/2/2025 to add link to #41 reply) (kew).

MOTION by Robert F. Kennedy, Jr., U.S. Department of Health and Human Services to Allow 41 Reply to Response and 42 MOTION by Harry Wiley for Leave to File Sur-Reply to be Filed. (Westfall, Fred)

CERTIFICATION by Robert F. Kennedy, Jr., U.S. Department of Health and Human Services re: 36 Memorandum Opinion and Order. (Attachment: # 1 Exhibit 1)(Westfall, Fred)

1 Exhibit 1

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RULE 26(f) REPORT OF PLANNING MEETING by Harry Wiley, Robert F. Kennedy, Jr., U.S. Department of Health and Human Services. (Becher, J.) (Modified on 6/17/2025 to add party filers) (kew).

SCHEDULING ORDER directing that the scheduling conference previously scheduled for 7/2/2025 is cancelled and that this case shall proceed as follows: The amendment of any pleading and the joinder of any party shall be completed no later than 7/9/2025. Last date to serve discovery requests - 8/13/2025. All discovery to be completed - 9/4/2025. Last date to complete depositions - 9/26/2025. Opening Rule 26 expert disclosures - 7/29/2025. Responsive Rule 26 expert disclosures - 8/28/2025. Rebuttal Rule 26 expert disclosure - 9/12/2025. Dispositive motions deadline - 10/27/2025. Responses to dispositive motions are due within 14 days, with replies due within 7 days. Settlement Meeting must be held 45 days prior to Pretrial Conference. Mediation must be concluded 30 days prior to Pretrial Conference. A written status report is due within 5 days of completion of mediation. If the case is not settled, all Rule 26(a)(3) disclosures are due 30 days prior to Pretrial Conference. Motions in limine deadline - 3/6/2026. Responses for motions in limine - 3/13/2026. Proposed voir dire, jury instructions, and verdict form - 4/13/2026. Plaintiff's portion of the proposed integrated pretrial order 4/9/2026. Integrated pretrial order - 4/16/2026. Pretrial Conference/Final Settlement Conference on 4/23/2026 at 11:00 AM. Trial on 5/4/2026 at 9:00 AM before the undersigned. Signed by Judge Irene C. Berger on 6/17/2025. (cc: counsel of record; any unrepresented party) (mfo)

MOTION by Harry Wiley for Leave to File Second Amended Complaint (Attachments: # 1 Proposed Second Amended Complaint, # 2 Verified Statement of Matthew Ward, # 3 Proposed Order)(Becher, J.)

1 Proposed Second Amended Complaint

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2 Verified Statement of Matthew Ward

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3 Proposed Order

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MEMORANDUM by Harry Wiley in support of 47 MOTION by Harry Wiley for Leave to File Second Amended Complaint (Becher, J.)

Certificate of Service

Certificate of Service

Certificate of Service

Response In Opposition

Motion to Seal - General

Reply to Response

Motion / Application / Petition to Dismiss

Memorandum In Support

Certificate of Service

MEMORANDUM OPINION AND ORDER directing that Plaintiff's 47 MOTION for Leave to File Second Amended Complaint be GRANTED and the attached Second Amended Complaint (Document 47-1) be FILED; Defendants' 53 MOTION to Seal Attachments A and B to Exhibit 1 of 52 Response in Opposition be GRANTED; the following motions related to the 10 Amended Complaint, which is no longer the active pleading in this matter, be TERMINATED AS MOOT: Defendants' 14 MOTION to Dismiss, Defe ndants' 17 MOTION to Dismiss Demand for a Jury Trial, Plaintiff's 42 MOTION for Leave to File Sur-Reply to 41 Reply to Response, and Defendants' 43 MOTION to Allow 41 Reply to Response and 42 MOTION for Leave to File Sur-Reply to be Filed. Signed by Judge Irene C. Berger on 8/14/2025. (cc: counsel of record; any unrepresented party) (btm)

Amended Complaint

1 Verified Statement of Matthew Ward

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Sealed Materials Pursuant to Court Order

Response In Opposition