Docket as of December 2, 2011 11:45 am CT
WARNING
This is an edited copy of the actual docket report
and is NOT automatically updated when the real report is updated.
Use the real docket for all legal matters.

U.S. District Court

Southern District of Florida (W.Palm Beach)

CIVIL DOCKET FOR CASE #: 03-CV-81110

Stevens v. United States

Filed: 12/02/03
Assigned to: Judge Daniel T. K. Hurley
Demand: $50,000,000
Nature of Suit: 890
Lead Docket: None
Jurisdiction: US Defendant
Dkt# in other court: None
Cause: 28:2674 Federal Tort Claims Act

IMPORTANT NOTE: During late February and early March, 2014, full copies of some depositions in this case were obtained via Freedom Of Information Act (FOIA) requests.

The docket contains links to excerpts from some of them.  Full depositions for some key people at USAMRIID who knew Dr. Bruce Ivins (with highlighted passages and notes by Ed Lake) can be accessed by clicking on the links below:

Deposition of Dr. Jeffrey Adamovicz (Ivins' co-worker at USAMRIID)
Deposition of Dr. Gerard P. Andrews (head of Bacteriology at USAMRIID in 2001)
Deposition of Colonel William Byrne (head of Bateriology at USAMRIID prior to 2001)
Deposition of Dr. Edward M. Eitzen (head of USAMRIID in 2001)
Deposition of Dr. Arthur M. Friedlander (head of Bacteriology at USAMRIID pre 1999)
Deposition of Kristie M. Friend (Dr. Bruce Ivins' assistant in Sept. 2001)
Deposition of Stephen Little (Dr. Bruce Ivins' co-worker/assistant in Sept. 2001)
Deposition of Dr. Susan Welkos (Dr. Bruce Ivins' co-worker in Sept. 2001)
Deposition of Dr. Patricia Worsham (Dr. Bruce Ivins' department head in Sept. 2001)


MAUREEN STEVENS, as Persoanl
Representative of the Estate
of Robert Stevenns deceased,
and on behalf of Maureen 
Stevens, individually,
Nicholas Stevens, Heidi Hogan,
and Casey Stevens, survivors
plaintiff
 
 
 
 
 
 
 
 
 
 
 

 

Richard Donald Schuler
FTS 684-9683
[COR LD NTC]
Jason Drew Weisser
FTS 684-9683
[COR LD NTC]
Schuler & Halverson
1615 Forum Place
Suite 4-D
West Palm Beach, FL 33401-2317
 561-689-8180

Martin Briner Woods
FTS 462-9567
954-462-9555
[COR LD NTC]
Stearns Weaver Miller Weissler
Alhadeff & Sitterson
200 E Broward Boulevard
Suite 1900
Fort Lauderdale, FL 33301-1949
954-462-9500


 
v.
UNITED STATES 
defendant 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 

 

J. Patrick Glynn
FTS 616-4473
[COR LD NTC]
Jason S. Patil
FTS 616-4473
202-616-3852
[COR LD NTC]
Christina M. Falk
FTS 616-4989
202-616-4216

[COR LD NTC]
Jeffrey Bucholtz
FTS 514-8071
202-514-3045
[COR LD NTC]
United States Department of Justice
Civil Division Torts Branch
PO Box 340 Ben Franklin Station
Washington, DC 20044
202-616-4200

DOCKET     PROCEEDINGS

DATE
DOCKET     ENTRY
12/2/03 1 COMPLAINT filed;  FILING FEE $150.00  RECEIPT #71959; Magistrate Judge James M. Hopkins (pa) [Entry date 12/03/03]
12/2/03 2 SUMMONS(ES) issued for United States by serving Attorney General (pa) [Entry date 12/03/03]
12/4/03 3 SUMMONS(ES) issued for United States (pa)
12/11/03 4 ORDER SETTING TRIAL DATE & DISCOVERY DEADLINES, REFERRING CASE TO MEDIATION & REFERRING DISCOVERY TO UNITED STATES MAGISTRATE JUDGE setting Jury trial set for 11/1/04   Calendar call set for 1:30 10/22/04 ( Signed by Judge Daniel T. K. Hurley on 12/9/03) [EOD Date: 12/12/03]  CCAP (kw) [Entry date 12/12/03]
12/11/03 4 ORDER referring case to mediation ( Signed by Judge Daniel T. K. Hurley on 12/9/03) [EOD Date: 12/12/03] (kw) [Entry date 12/12/03]
12/11/03 4 ORDER REFERRING DISCOVERY MATTERS to  Magistrate Judge Hopkins ( Signed by Judge Daniel T. K. Hurley  on 12/9/03) CCAP [EOD Date: 12/12/03] (kw) [Entry date 12/12/03]
12/17/03 5 ACKNOWLEDGEMENT OF SERVICE as to United States 12/9/03 Answer due on 2/9/04 for United States (kw) [Entry date 12/18/03] [Edit date 12/18/03]
12/18/03 6 RETURN OF SERVICE executed as to United States  By Serving: United States Attorney Office 12/11/03 Answer due on 2/9/04 for United States (kw) [Entry date 12/19/03]
1/21/04 7 MOTION by United States for leave to file memorandum exceeding 20 pages (kw) [Entry date 01/22/04]
1/21/04 8 NOTICE of attorney appearance for United States  by J. Patrick Glynn, Christina M. Falk and Jason S. Patil (kw) [Entry date 01/22/04]
1/26/04 9 ORDER granting [7-1] motion for leave to file memorandum exceeding 20 pages ( Signed by Judge Daniel T. K. Hurley on 1/25/04) [EOD Date: 1/27/04] (kw) [Entry date 01/27/04]
1/27/04 10 MOTION by United States to extend time to file answer or other responsive pleading to complaint (kw) [Entry date 01/28/04]
1/27/04 11 MOTION by United States to stay proceedings (kw) [Entry date 01/28/04]
1/27/04 12 MOTION by United States for Hearing on [11-1] motion to stay proceedings (kw) [Entry date 01/28/04]
1/27/04 13 MEMORANDUM by United States  in support of [11-1] motion to stay proceedings (kw) [Entry date 01/28/04]
2/3/04 14 ORDER GRANTING GOVERNMENT'S UNOPPOSED MOTION FOR EXTENSION OF TIME TO FILE ANSWER granting [10-1] motion to extend time to file answer or other responsive pleading to complaint ( Signed by Judge Daniel T. K. Hurley on 2/2/04) [EOD Date: 2/6/04] (kw) [Entry date 02/06/04]
2/5/04 15 ORDER granting [12-1] motion for Hearing on [11-1] motion to stay proceedings, set for 8:30 3/10/04 for [11-1] motion to stay proceedings ( Signed by Judge Daniel T. K. Hurley on 2/4/04) [EOD Date: 2/6/04] (kw) [Entry date 02/06/04]
2/10/04 16 UNOPPOSED MOTION by Maureen Stevens (Attorney Jason Drew Weisser) to extend time to respond to defendant United States of America's motion to stay proceedings (pa) [Entry date 02/11/04]
2/17/04 17 ORDER granting [16-1] motion to extend time to respond to defendant United States of America's motion to stay proceedings Response to motion reset to 2/27/04 for [11-1] motion to stay proceedings ( Signed by Judge Daniel T. K. Hurley on 2/11/04) [EOD Date: 2/18/04] (kw) [Entry date 02/18/04]
2/27/04 39 RESPONSE by Maureen Stevens  to [11-1] motion to stay proceedings (kw) [Entry date 08/28/04]
2/27/04 40 APPENDIX to: [39-1] motion response by Maureen Stevens (kw) [Entry date 08/28/04]
3/2/04 18 NOTICE of additional attorney appearance of Jeffrey Bucholtz for United States (kw) [Entry date 03/03/04]
3/5/04 19 REPLY by United States  to response to [11-1] motion to stay proceedings (kw)
3/15/04 20 NOTICE OF EX PARTE SUBMISSION  by United States (kw)
3/23/04 21 Transcript filed re: Oral Argument held 3/10/04  before Judge Daniel T.K. Hurley  Volume #: 1  Pages: 1-47 by Maureen Stevens (mr)
4/1/04 22 NOTICE OF FILING SUPPLEMENTAL AUTHORITY by United States (kw) [Entry date 04/02/04]
4/13/04 23 UNOPPOSED NOTICE OF FILING OF SUPPLEMENTAL AUTHORITY AND CERTIFICATE OF COMPLIANCE WITH SD FLA LR 7-1 by United States (at) [Entry date 04/14/04]
4/27/04 24 ORDER granting [11-1] motion to stay proceedings ( Signed by Judge Daniel T. K. Hurley on 4/23/04) [EOD Date: 4/28/04] (kw) [Entry date 04/28/04]
4/30/04 25 MOTION by United States to correct the order granting goverment's motion for six month stay (kw)
5/3/04 26 ORDER granting [25-1] motion to correct the order granting goverment's motion for six month stay ( Signed by Judge Daniel T. K. Hurley on 4/30/04) [EOD Date: 5/4/04] (kw) [Entry date 05/04/04]
5/21/04 27 ORDER  set Jury trial for 3/7/05   before Judge Daniel T. K. Hurley, and  set calendar call for 1:30 2/25/05 before Judge Daniel T. K. Hurley ( Signed by Judge Daniel T. K. Hurley on 5/21/04) [EOD Date: 5/24/04] (kw) [Entry date 05/24/04]
5/21/04 28 ORDER CONSOLIDATING ACTIONS FOR DISCOVERY PURPOSES ONLY; lead case 03-81110 CIV HURLEY/HOPKINS ( Signed by Judge Daniel T. K. Hurley on 5/21/04) [EOD Date: 5/24/04] (kw) [Entry date 05/24/04] [Edit date 08/28/04]
6/29/04 29 ORDER GRANTING MOTION TO INTERVENE AND DENYING REQUEST TO STAY  ( Signed by Judge Daniel T. K. Hurley on 6/29/04) [EOD Date: 7/1/04] (kw) [Entry date 07/01/04]
7/8/04 30 MOTION by Maureen Stevens to amend by interlineation to clarify clerical mistake regarding the caption (kw) [Entry date 07/09/04]
7/9/04 31 MOTION by United States for leave to file motion prior to expiration of the stay (kw) [Entry date 07/13/04]
7/14/04 32 ORDER granting [30-1] motion to amend by interlineation to clarify clerical mistake regarding the caption ( Signed by Judge Daniel T. K. Hurley on 7/14/04) [EOD Date: 7/15/04] (kw) [Entry date 07/15/04]
7/22/04 33 MOTION by United States to dismiss complaint (kw)
7/22/04 34 MEMORANDUM by United States  in support of [33-1] motion to dismiss complaint (kw)
7/22/04 35 MOTION by United States for Hearing on [33-1] motion to dismiss complaint (kw)
8/23/04 36 RESPONSE by Maureen Stevens  to [33-1] motion to dismiss complaint (kw) [Entry date 08/24/04]
8/24/04 37 NOTICE OF FILING AMENDED CERTIFICATE OF SERVICE by Maureen Stevens (kw) [Entry date 08/25/04]
8/24/04 38 NOTICE OF FILING AMENDED CERTIFICATE OF SERVICE by Maureen Stevens (kw) [Entry date 08/25/04]
9/14/04 41 REPLY by United States  to response to [33-1] motion to dismiss complaint (kw)
10/5/04 42 ORDER DENYING REQUEST FOR ORAL ARGUMENT ON MOTIONS TO DISMISS ( Signed by Judge Daniel T. K. Hurley on 10/4/04) [EOD Date: 10/8/04] (kw) [Entry date 10/08/04]
10/13/04 43 MOTION by Maureen Stevens, United States to vacate [27-3] order (kw) [Entry date 10/15/04]
10/14/04 44 NOTICE of voluntary dismissal as to Bioport Corporation only by Maureen Stevens (kw) [Entry date 10/19/04]
10/15/04 45 ORDER granting [43-1] motion to vacate [27-3] order vacating [27-3] order ( Signed by Judge Daniel T. K. Hurley on 10/15/04) [EOD Date: 10/19/04] (kw) [Entry date 10/19/04]
3/24/05 46 ORDER dismissing complaint as to dft Bioport only (Signed by Judge Daniel T. K. Hurley on 3/24/05) [EOD Date: 3/25/05] (ck) [Entry date 03/25/05]
4/15/05 47 ORDER DENYING DEFENDANTS' MOTION TO DISMISS & MOTION FOR JUDGMENT ON THE PLEADINGS: ORDER denying [33-1] motion to dismiss complaint (Signed by Judge Daniel T. K. Hurley on 4/15/05) [EOD Date: 4/18/05] (pa) [Entry date 04/18/05]
4/28/05 48 UNOPPOSED MOTION by United States to extend time to file its answer and certificate of compliance with S.D. Fla. L.R. 7-1 (bb)
5/2/05 50 MOTION by Maureen Stevens  to strike [48-1] in opposition motion to extend time to file its answer and certificate of compliance with S.D. Fla. L.R. 7-1 (rb) [Entry date 05/04/05]
5/3/05 49 ORDER granting [48-1] motion to extend time to file its answer and certificate of compliance with S.D. Fla. L.R. 7-1 ( Signed by Judge Daniel T. K. Hurley on 05/03/05) [EOD Date: 5/3/05] (rb)
5/5/05 51 ORDER denying [50-1] motion to strike as moot & clarifying order granting extension of time [48-1] in opposition motion to extend time to file its answer and certificate of compliance with S.D. Fla. L.R. 7-1  ( Signed by Judge Daniel T. K. Hurley on 05/05/05) [EOD Date: 5/6/05] (dj) [Entry date 05/06/05]
6/1/05 52 ANSWER to Complaint by United States  (Attorney ) (ct) [Entry date 06/02/05]
6/1/05 53 MOTION by United States for leave to file a motion to reconsider the April 15, 2005 order denying the United States' motion to dismiss or to certify that order for interlocutory appeal, memorandum in support of its motion and certificate of compliance with S.D. FLA.L.R.7.1 (tb) [Entry date 06/02/05]
6/7/05 54 Reply to Affirmative Defenses by Maureen Stevens re: [52-1] answer (kw) [Entry date 06/08/05]
6/10/05 55 ORDER RESETTING TRIAL DATE & discovery deadlines, referring CASE TO MEDIATION & REFERRING DISCOVERY TO UNITED STATES MAGISTRATE JUDGE: ORDER  reset Jury trial for 5/1/06 before Judge Daniel T. K. Hurley,  reset calendar call for 2:00 4/21/06 before Judge Daniel T. K. Hurley(See order for other deadlines) ( Signed by Judge Daniel T. K. Hurley on 6/10/05) [EOD Date: 6/13/05] (pa) [Entry date 06/13/05]
6/10/05 55 ORDER referring case to mediation.  15 days to appoint mediator ( Signed by Judge Daniel T. K. Hurley on 6/10/05) [EOD Date: 6/13/05] (pa) [Entry date 06/13/05]
6/10/05 55 ORDER REFERRING DISCOVERY MATTERS to Magistrate Judge James M. Hopkins ( Signed by Judge Daniel T. K. Hurley  on 6/10/05)   CCAP [EOD Date: 6/13/05] (pa) [Entry date 06/13/05]
6/21/05 56 REPLY by United States  to response to [53-1] motion for leave to file a motion to reconsider the April 15, 2005 order denying the United States' motion to dismiss or to certify that order for interlocutory appeal, memorandum in support of its motion and certificate of compliance with S.D. FLA.L.R.7.1 (hd)
6/21/05 57 REPLY by United States  to response to [53-1] motion for leave to file a motion to reconsider the April 15, 2005 order denying the United States' motion to dismiss or to certify that order for interlocutory appeal, memorandum in support of its motion and certificate of compliance with S.D. FLA.L.R.7.1 (mh)
7/5/05 58 ORDER DENYING GOVERNMENT'S MOTION FOR LEAVE TO FILE MOTION FOR RECONSIDERATION & GRANTING ALTERNATIVE REQUEST FOR CERTIFICATION OR ORDER DENYING MOTION TO DISMISS FOR INTERLOCUTORY APPEAL denying [53-1] motion for leave to file a motion to reconsider the April 15, 2005 order denying the United States' motion to dismiss or to certify that order for interlocutory appeal, memorandum in support of its motion and certificate of compliance with S.D. FLA.L.R.7.1 ( Signed by Judge Daniel T. K. Hurley on 7/2/05) [EOD Date: 7/6/05] (kw) [Entry date 07/06/05]
7/13/05 59 MOTION by United States (Attorney ) for temporary stay of District Court proceedings pending the United States Court of Appeals for the 11th circuit's ruling on the United States's petition for permission to appeal pending (cj) [Entry date 07/29/05]
8/12/05 60 ORDER granting [59-1] motion for temporary stay of District Court proceedings pending the United States Court of Appeals for the 11th circuit's ruling on the United States's petition for permission to appeal pending ( Signed by Judge Daniel T. K. Hurley on 08/11/05) [EOD Date: 8/12/05] (rb)
8/17/05 61 These pleadings DE# 26,29,30,31,32,33 are docketed in the consolidated case # (04-cv-80253).  These cases have been consolidated for discovery only. (cj)
8/29/05 62 NOTICE of non-objection to defendant, Battelle Memorial Institute's motion for clarification of order granting certification for interlocutory appeal or, alternatively, for amendment of order by Maureen Stevens (ss)
9/22/05 63 NOTICE OF APPEAL by United States of ;  Filing Fee: $ FEE NOT REQUIRED (USA);  Copies to USCA and Counsel of Record. (ga) [Entry date 09/26/05]
9/22/05 63 NOTICE of Receipt of Notice of Appeal Transmittal Letter from USCA  on 9/22/05as to United States  Re: [63-1] appeal by United States  USCA NUMBER: 05-15088-G (ga) [Entry date 09/26/05]
9/22/05 64 NOTICE of Receipt of Notice of Appeal Transmittal Letter from USCA  on 9/22/05as to Maureen Stevens  Re: [64-1] appeal  by Maureen Stevens  USCA NUMBER: 05-15088-G (ga)  [Entry date 09/26/05]
9/22/05 64 NOTICE OF APPEAL by Maureen Stevens of ;  Filing Fee: $ FEE NOT PAID;  Copies to USCA and Counsel of Record. (ga)    [Entry date 09/26/05]
9/23/05 65 USCA appeal fees received as to Maureen Stevens  Re: [64-1] appeal   Filing Fee $ 255.00 Receipt # 535325 (ga)   [Entry date 10/03/05]
9/23/05 66 Transcript Information Form re: as to Maureen Stevens [64-1] appeal  by Maureen Stevens . No transcript requested. (ga) [Entry date 10/03/05]
10/5/05 67 ORDER ; observing that the 11 Circuit has since granted Battelle's petition for appeal under 28USC1292(b) the Motion for Clarafication is DENIED as MOOT ( Signed by Judge Daniel T. K. Hurley on 10/04/05) [EOD Date: 10/5/05]   (rb)
12/14/05 69 PETITION TO INTERVENE BY ST.PAUL TRAVELERS INSURANCE COMPANY FOR ESTABLISHMENT OF WOKER'S COMPENSATION LIEN by St. Paul Travelers I (rb) [Entry date 12/19/05]
12/14/05 70 MOTION by St. Paul Travelers I (Attorney Sergio R. Casiano Jr.) to intervene by St. Paul Travelers I for establishment of worker's compensation (rb)   [Entry date 12/19/05]
12/19/05 68 MOTION by St. Paul Travelers I  to intervene for establishment of Worker's compensation lien, by St. Paul Travelers I (pa)
1/18/06 71 ORDER GRANTING ST. PAUL TAVELERS INSURANCE COMPANY'S MOTION TO INTERVENE: ORDER granting [68-1] motion to intervene for establishment of Worker's compensation lien, by St. Paul Travelers I, granting [70-1] motion to intervene by St. Paul Travelers I for establishment of worker's compensation ( Signed by Daniel T. K. Hurley on 1/17/06) [EOD Date: 1/19/06] (pa) [Entry date 01/19/06]
11/14/2006 72 CERTIFICATE of Readiness/RECORD ON APPEAL transmitted to USCA (ATLANTA/Brenda McConnell) consisting of 2 volumes of pleadings and 1 volume of transcripts re 63 Notice of Appeal filed by United States,, 64 Notice of Appeal filed by Maureen Stevens, USCA#05-15088-GG (bg) (Entered: 11/14/2006)
11/27/2006 73  ACKNOWLEDGEMENT OF RECEIPT FROM USCA receipt of: Certificate of Readiness/Record on Appeal date received by USCA 11/17/06; Re: 63; 64 appeal by Maureen Stevens USCA number 05-15088-GG; (bg) (Entered: 12/04/2006)

Entries for this Time Frame Not Downloaded


03/10/2009 74 ORDER Setting Status Conference: Status Conference set for 4/15/2009 at 8:30 AM in West Palm Beach Division before Judge Daniel T. K. Hurley.Signed by Judge Daniel T. K. Hurley on 3/10/09. (lr) (Entered: 03/10/2009)
04/30/2009 75 ORDER requiring counsel to meet & file joint proposed scheduling order. Signed by Judge Daniel T. K. Hurley on 4/30/09. (lr) (Entered: 04/30/2009)
05/05/2009 76 MANDATE of USCA (certified copy) REMANDING this case to the district court for further proceedings consistent with this opinion as to 64  Notice of Appeal ; Date Issued: 04/30/2009 ; USCA Case Number: 05-15088-GG. Bill Of Costs are hereby taxed in the amount of $52.65 against Appellant and are payable directly to Appellee. (amb) (Entered: 05/05/2009)
05/06/2009 77 Appeal Record Returned: Consisting of (2) Volumes of Pleadings and (1) Volume of Transcripts 64  Notice of Appeal. USCA #05-15088-GG (amb) (Entered: 05/06/2009)
05/13/2009 78 MOTION to Amend/Correct Motion to Direct Correction of Clerical Error  by martin woods. Responses due by 6/1/2009 (Attachments: # 1  Text of Proposed Order Order Directing Clerk to Correct Clerical Error)(Woods, Martin) (Entered: 05/13/2009)
05/15/2009 79 ORDER Directing Clerk to Correct Clerical Error re 78  Motion to Amend/Correct Motion to Direct Correction of Clerical Error. Signed by Judge Daniel T. K. Hurley on 5/14/2009. (ail) (Entered: 05/18/2009)
05/18/2009
Attorney Martin Briner Woods terminated per DE 79  Order. (ail) (Entered: 05/18/2009)
05/19/2009 80 SCHEDULING REPORT - Rule 16.1 by United States. (Attachments: # 1  Text of Proposed Order Joint Proposed Scheduling Order)(Patil, Jason) (Entered: 05/19/2009)
05/20/2009 81 Plaintiff's MOTION for Hearing Scheduling/Pretrial Conference by Maureen Stevens. (Attachments: # 1  Exhibit A to Motion)(Schuler, Richard) (Entered: 05/20/2009)
05/21/2009 82 JOINT PROPOSED SCHEDULING ORDER: Amended Pleadings due by 8/20/2010. Expert Discovery due by 11/19/2010. Fact Discovery due by 12/3/2010. Joinder of Parties due by 8/20/2010. Pretrial Stipulation due by 3/3/2011.. Signed by Judge Daniel T. K. Hurley on 5/20/2009. (ail) (Entered: 05/22/2009)
05/22/2009 83 NOTICE by Maureen Stevens re 81  Plaintiff's MOTION for Hearing Scheduling/Pretrial Conference Withdrawal of Motion (Schuler, Richard) (Entered: 05/22/2009)
05/26/2009 84 ORDER denying 81  request for 2nd pretrial conference. Signed by Judge Daniel T. K. Hurley on 5/26/09. (lr) (Entered: 05/26/2009)
06/08/2009 85 NOTICE by United States Notice of Joint Stipulation of Facts Narrowing Issues to be Decided by the Court (Patil, Jason) (Entered: 06/08/2009)
06/15/2009 86 Initial Disclosure(s) of Rule 26 Disclosures by Maureen Stevens. (Schuler, Richard) (Entered: 06/15/2009)
08/17/2009 87 Joint MOTION for Protective Order Re Privacy Act by United States. (Attachments: # 1  Text of Proposed Order Proposed Privacy Act Protective Order)(Wilkerson, Kirsten) (Entered: 08/17/2009)
09/01/2009 88 AGREED PRIVACY ACT PROTECTIVE ORDER - Order granting 87  Motion for Protective Order. Signed by Judge Daniel T. K. Hurley on 9/1/09. (lr) (Entered: 09/01/2009)
11/24/2009 89 NOTICE TO PARTIES of dates for trial calendar & calendar call. The April 2011 trial calendar (on which this case was previously set) begins on Monday, April 4, 2011, with a calendar call on Thursday, March 24, 2011 at 8:30 a.m. (lr) (Entered: 11/24/2009)
12/10/2009 90 Joint MOTION for Protective Order by United States. (Attachments: # 1  Text of Proposed Order)(Patil, Jason) (Entered: 12/10/2009)
12/14/2009 91 ORDER granting 90  Motion for Protective Order. Signed by Judge Daniel T. K. Hurley on 12/14/09. (Attachments: # 1  Acknowledgment of Protective Order) (lr) (Entered: 12/14/2009)
02/25/2010 92 NOTICE of Attorney Appearance by Leon B. Taranto on behalf of United States (Taranto, Leon) (Entered: 02/25/2010)
03/12/2010 93 MOTION for Protective Order by United States. (Attachments: # 1  Text of Proposed Order)(Taranto, Leon) (Entered: 03/12/2010)
03/15/2010 94 AGREED Protective Order #3 93  ; granting 93  Motion for Protective Order. Signed by Judge Daniel T. K. Hurley on 3/15/2010. (asl) (Entered: 03/16/2010)
05/07/2010 95 MOTION for Protective Order by United States. (Attachments: # 1  Text of Proposed Order)(Taranto, Leon) (Entered: 05/07/2010)
05/13/2010 96 ORDER granting 95  Agreed Motion for Protective Order. Signed by Judge Daniel T. K. Hurley on 5/13/10. (lr) (Entered: 05/13/2010)
05/17/2010 97 Joint MOTION for Protective Order by Maureen Stevens. (Attachments: # 1  Text of Proposed Order)(Schuler, Richard) (Entered: 05/17/2010)
05/18/2010 98 NOTICE of Attorney Appearance by Jacqueline Camile Brown on behalf of United States (Brown, Jacqueline) (Entered: 05/18/2010)
05/20/2010 99 STIPULATED QUALIFIED PROTECTIVE ORDER re 97  Motion for Protective Order. Signed by Judge Daniel T. K. Hurley on 5/19/2010. (ail) (Entered: 05/20/2010)
07/22/2010 100
NOTICE of Objections to Release of Medical Records by Diane Ivins as Personal Representative of the Estate of Bruce E. Ivins (ail) (Entered: 07/22/2010)
08/18/2010 101
Notice and publication of ex-parte correspondence. Signed by Judge Daniel T. K. Hurley on 8/18/10. (Attachments: # 1 Letter with attachments) (lr) (Entered: 08/18/2010)
08/19/2010 102
NOTICE of Attorney Appearance by Adam M. Dinnell on behalf of United States (Dinnell, Adam) (Entered: 08/19/2010)
08/19/2010 103
NOTICE by United States of Attorney Termination (Jeffrey Bucholtz) (Dinnell, Adam) (Entered: 08/19/2010)
08/20/2010 104
MOTION for Protective Order by United States. (Attachments: # 1 Text of Proposed Order)(Taranto, Leon) (Entered: 08/20/2010)
08/23/2010
Attorney Jeffrey Bucholtz terminated. Notice of Termination delivered by US Mail to Jeffrey Bucholtz. (ls)(per DE #103) (Entered: 08/23/2010)
08/23/2010 105
MOTION to Compel Production by Maureen Stevens. Responses due by 9/9/2010 (Attachments: # 1 Text of Proposed Order)(Schuler, Richard) Modified on 8/25/2010 (ls). (Entered: 08/23/2010)
08/31/2010 106
ORDER directing service of motion to compel production of medical records on objecting non-party. Signed by Judge Daniel T. K. Hurley on 8/31/10. (lr) (Entered: 08/31/2010)
08/31/2010 107
NOTICE by Maureen Stevens re 106 Order of Service of Motion to Compel on Objecting Party (Schuler, Richard) (Entered: 08/31/2010)
09/07/2010 108
AGREED ORDER RE 104 Motion for Protective Order and Order Reserving Ruling on Discovery & Production of Mental Health Records maintained by Dr. Alan Levy and/or Comprehensive Counseling Associates. Signed by Judge Daniel T. K. Hurley on 9/3/2010. (ail) (Entered: 09/07/2010)
09/08/2010 109
MOTION for Protective Order Allowing the Use of All Health Records by United States. (Attachments: # 1 Text of Proposed Order)(Brown, Jacqueline) (Entered: 09/08/2010)
09/08/2010 110
MEMORANDUM in Support re 109 MOTION for Protective Order Allowing the Use of All Health Records, 105 MOTION to Compel Production by United States. (Brown, Jacqueline) (Entered: 09/08/2010)
09/09/2010 111
MOTION for Hearing for Case Manangement Conference and to Extend Scheduling Order Deadlines by Maureen Stevens. (Attachments: # 1 Text of Proposed Order)(Schuler, Richard) (Entered: 09/09/2010)
09/14/2010 112
RESPONSE to Motion re 111 MOTION for Hearing for Case Manangement Conference and to Extend Scheduling Order Deadlines filed by United States. Replies due by 9/24/2010. (Taranto, Leon) (Entered: 09/14/2010)
09/30/2010 113
ORDER granting 111 Motion for 90 day Extension of Pre-trial deadlines and case management conference. Signed by Judge Daniel T. K. Hurley on 9/29/2010. (tb) (Entered: 09/30/2010)
10/04/2010 114
ORDER Setting Case Management Conference. Hearing set for 10/14/2010 at 9:00 AM in West Palm Beach Division before Judge Daniel T. K. Hurley. Signed by Judge Daniel T. K. Hurley on 10/4/10. (lr) (Entered: 10/04/2010)
10/12/2010 115
SCHEDULING REPORT - Rule 16.1 by United States (Attachments: # 1 Text of Proposed Order proposed Amended Scheduling Order, # 2 Text of Proposed Order proposed alternative Amended Scheduling Order)(Taranto, Leon) (Entered: 10/12/2010)
10/18/2010 116
ORDER granting 109 Motion for Protective Order No. 7. Signed by Judge Daniel T. K. Hurley on 10/18/10. (lr) (Entered: 10/18/2010)
10/18/2010 117
ORDER granting 105 Motion to Compel production of records from non-party records custodian for Dr. Allan Levy and/or Comprehensive Counseling Associates. Signed by Judge Daniel T. K. Hurley on 10/18/10. (lr) (Entered: 10/18/2010)
10/21/2010 118
ORDER RESETTING TRIAL. Bench Trial reset for 12/5/2011 before Judge Daniel T. K. Hurley. Calendar Call reset for 11/3/2011 at 8:30 AM in West Palm Beach Division before Judge Daniel T. K. Hurley. Signed by Judge Daniel T. K. Hurley on 10/21/10. (lr) (Entered: 10/21/2010)
10/21/2010 119
Joint MOTION to Amend/Correct Scheduling Order by United States. Responses due by 11/8/2010 (Attachments: # 1 Joint Proposed Amended Scheduling Order)(Wilkerson, Kirsten) (Entered: 10/21/2010)
10/22/2010 120
Clerks Notice to Filer re 119 Joint MOTION to Amend/Correct Scheduling Order. Docket Text Does Not Match Document; ERROR - The Filer failed to enter a title in the docket text that matches the title of the document. The Filer must file a Notice of Striking, then refile the document using the correct document text. (tp) (Entered: 10/22/2010)
10/22/2010 121
SCHEDULING REPORT and Joint Proposed Amended Scheduling Order by United States See DE 119 for image (tp) (Entered: 10/22/2010)
10/22/2010 122
CLERK'S NOTICE to Disregard 120 Clerks Notice to Filer re 119 Joint MOTION to Amend/Correct Scheduling Order. Docket Text Does Not Match Document; ERROR - The Filer failed to enter a title in the docket text that matches the title of the document. The Filer must file a Notice of Striking, then refile the document using the correct document text. (tp) (tp) (Entered: 10/22/2010)
10/26/2010 123
MOTION to Compel Production from Non-Party Dr. Irwin/Shady Grove Psychiatric Group by Maureen Stevens. Responses due by 11/12/2010 (Attachments: # 1 Text of Proposed Order)(Schuler, Richard) (Entered: 10/26/2010)
11/05/2010 124
Minute Entry for Status Conference proceedings held before Judge Daniel T. K. Hurley on 10/14/2010. Court Reporter: Pauline Stipes, 561-803-3458 / Pauline_Stipes@flsd.uscourts.gov (jc1) (Entered: 11/05/2010)
11/15/2010 125
ORDER compelling production of records from non-party Dr. David S. Irwin and/or Shady Grove Psychiatric Group. Signed by Judge Daniel T. K. Hurley on 11/15/2010. (lr) (Entered: 11/15/2010)
12/02/2010 126
Unopposed MOTION Order to Seal re 124 Show Cause Hearing by United States. (Attachments: # 1 Text of Proposed Order)(Brown, Jacqueline) (Entered: 12/02/2010)
12/09/2010 127
ORDER denying as moot 126 Motion to Seal DE 24. Signed by Judge Daniel T. K. Hurley on 12/9/10. (lr) (Entered: 12/09/2010)
12/14/2010 128
Joint Motion by Maureen Stevens for Entry of Joint Proposed Amended Scheduling Order (DE#119-1) (Schuler, Richard) Modified converted document to motion on 12/14/2010 (tp). (Entered: 12/14/2010)
12/16/2010 129
AMENDED SCHEDULING ORDER: ( Amended Pleadings due by 1/19/2011., Discovery due by 3/1/2011., Expert Discovery due by 4/20/2011., Joinder of Parties due by 1/19/2011., Pretrial Stipulation due by 9/30/2011.); granting 128 Joint Motion for Entry of Joint Proposed Amended Scheduling Order DE 119 filed by Maureen Stevens. Signed by Judge Daniel T. K. Hurley on 12/16/2010. (asl) (Entered: 12/16/2010)
01/19/2011 130
Plaintiff's MOTION for Extension of Time to Complete Discovery (Extend Discovery Deadlines) by Maureen Stevens. (Attachments: # 1 Text of Proposed Order)(Schuler, Richard) (Entered: 01/19/2011)
01/19/2011 131
RESPONSE in Opposition re 130 Plaintiff's MOTION for Extension of Time to Complete Discovery (Extend Discovery Deadlines) filed by United States. (Taranto, Leon) (Entered: 01/19/2011)
01/21/2011
132
ORDER Granting in Part and Denying in Part Plaintiff's Motion to Extend Pre-Trial Deadlines; re 130 Motion for Extension of Time to Complete Discovery. Signed by Judge Daniel T. K. Hurley on 1/21/2011. (asl) (Entered: 01/21/2011)
04/07/2011 133
NOTICE by Maureen Stevens of Plaintiff's Emergency Motion for Leave to Take Additional Depositions (Attachments: # 1 Text of Proposed Order)(Schuler, Richard) (Entered: 04/07/2011)
04/07/2011 134
EMERGENCY MOTION for Leave to Take Additional Depositions by Maureen Stevens. See DE 133 for image (tp) (Entered: 04/08/2011)
04/08/2011 135
Clerks Notice to Filer re 133 Notice (Other). Emergency Document Filed Electronically; ERROR - Emergency matters may not be filed electronically, they must be filed in the conventional paper format in the division where the judge is chambered. The Clerk contacted Chambers and corrected the docket text to indicate the document is an emergency matter. It is not necessary to refile this document but future filings must comply with the CM/ECF Administrative Procedures and Local Rules.Wrong Event Selected; ERROR - The Filer selected the wrong event. The document was re-docketed by the Clerk, see [de# 134]. (Entered: 04/08/2011)
04/08/2011 136
ENDORSED ORDER directing the defendant United States of America to file its response to the plaintiff's emergency motion for leave to take additional depositions filed April 7, 2011 133 by no later than 5:00 p.m. on Wednesday, April 13, 2011. Signed by Judge Daniel T. K. Hurley on 4/8/2011. (tda) (Entered: 04/08/2011)
04/08/2011 137
ENDORSED ORDER directing the plaintiff to supplement plaintiff's emergency motion for leave to take additional depositions 133 with a statement identifying each of the additional witnesses plaintiff seeks to depose, together with a brief statement explaining the necessity and potential relevancy of anticipated testimony from each witness. The plaintiff shall file its supplemental statement in response to this order by no later than Monday, April 11, 2011 at 5 p.m. Signed by Judge Daniel T. K. Hurley on 4/8/2011. (tda) (Entered: 04/08/2011)
04/08/2011 138
Plaintiff's MOTION to Amend/Correct Amended Motion for Leave to Take Additional Depositions and Supplement Thereto by Maureen Stevens. Responses due by 4/25/2011 (Attachments: # 1 Text of Proposed Order)(Schuler, Richard) (Entered: 04/08/2011)
04/08/2011 139
Plaintiff's MOTION to Withdraw Document Stipulation of Fact No. 6 by Maureen Stevens. Responses due by 4/25/2011 (Attachments: # 1 Text of Proposed Order)(Schuler, Richard) (Entered: 04/08/2011)
04/08/2011
Set/Reset Deadlines as to 134 MOTION to Take Deposition. Responses due by 4/13/2011. (See DE# 136.) (wc) (Entered: 04/11/2011)
04/11/2011 140
ORDER granting 138 Agreed Amended Motion for Leave to take Additional Depositions. Signed by Judge Daniel T. K. Hurley on 4/11/11. (lr) (Entered: 04/11/2011)
04/12/2011 141
Minute Entry for motion hearing proceedings held before Judge Daniel T. K. Hurley on 4/12/2011, re: 139 Plaintiff's MOTION to Withdraw Stipulation of Fact No. 6 filed by Maureen Stevens. After an inquiry, the motion to withdraw was orally granted. (jc1) (Entered: 04/12/2011)
04/14/2011 142
ENDORSED ORDER GRANTING PLAINTIFF'S MOTION TO WITHDRAW STIPULATION OF FACT #6 -- This cause came before the court upon Plaintiff's motion, and the court having heard argument of counsel, and being otherwise advised in the premises, it is ordered that Plaintiff's motion is granted; stipulation of fact #6 is withdrawn and no longer binds the Plaintiff in this action. Signed by Judge Daniel T. K. Hurley on 4/14/2011. (DTKH) (Entered: 04/14/2011)
04/27/2011 143
Joint MOTION for Extension of Time to Complete Discovery by United States. (Attachments: # 1 Text of Proposed Order)(Taranto, Leon) (Entered: 04/27/2011)
05/03/2011 144
AMENDED SCHEDULING ORDER; granting in part and denying in part 143 Motion for Extension of Time to Complete Discovery. Discovery due 6/15/11. Dispositive motions due 7/15/11. Mediation completed by 10/27/11. Joint Pre-Trial Stipulation due 11/1/11. Signed by Judge Daniel T. K. Hurley on 5/3/2011. (asl) (Entered: 05/04/2011)
05/03/2011
Reset Deadlines/Hearings per 144 Order. Discovery due by 6/15/2011. Mediation Deadline 10/27/2011. Dispositive Motions due by 7/15/2011. Pretrial Stipulation due by 11/1/2011. (asl) (Entered: 05/04/2011)
06/03/2011 145
MOTION to Compel Deposition of Dr. Saathoff by Maureen Stevens. Responses due by 6/20/2011 (Attachments: # 1 Exhibit, # 2 Exhibit)(Schuler, Richard) (Entered: 06/03/2011)
06/20/2011 146
RESPONSE in Opposition re 145 MOTION to Compel Deposition of Dr. Saathoff filed by United States. (Attachments: # 1 Exhibit 1 - E-Mail (5-12-11), # 2 Exhibit 2 - Non-Disclosure Agreement, # 3 Exhibit 3 - Dr. Saathoff Declaration, # 4 Exhibit 4 - Lieber Declaration, # 5 Exhibit 5 - Stanley Declaration, # 6 Exhibit 6 - Lisi Declaration, # 7 Exhibit 7 - Plaintiffs' Expert Designations, # 8 Exhibit 8 - Dr. Dietz Report Excerpts, # 9 Exhibit 9 - Dr. Dietz CV)(Dinnell, Adam) (Entered: 06/20/2011)
06/20/2011 147
MOTION to Compel Plaintiffs to Answer Defendant's Second Set of Written Discovery Requests by United States. Responses due by 7/8/2011 (Attachments: # 1 Exhibit No. 1 - Transcript (excerpt) of 4/13/2011, # 2 Exhibit No. 2 - USA's Second Set of Written Discovery Requests, # 3 Exhibit No. 3 - Plaintiff's Objections to USA's Second Set of Written Discovery Requests, # 4 Exhibit No. 4 - Deposition Transcript (excerpts) of Dr. Susan Welkos)(Patil, Jason) (Entered: 06/20/2011)
06/24/2011 148
Unopposed MOTION for Leave to File Excess Pages for Dispositive Motions Due July 15, 2011 by United States. (Attachments: # 1 Text of Proposed Order Enlarging Page Limits for Dispositive Motions)(Patil, Jason) (Entered: 06/24/2011)
06/27/2011 149
ENDORSED ORDER granting 148 Defendant's Unopposed Motion to Enlarge Page Limits for Dispositive Motions. The page limitation on the defendant's motion to dismiss based on the discretionary function exception, 28 U.S C. 2680(a), is enlarged up to a maximum of fifty (50) pages. The plaintiff may likewise use up to fifty (50) pages for its response in opposition, and the defendant may use up to twenty (20) pages for its reply. Further, the defendant may use to up a maximum of thirty-five (35) pages for its motion to dismiss based on the assault anad battery exception, 28 U.S.C. 2680(h), while the plaintiff may use up to thirty-five (35) pages for its response in opposition and the defendant may use up to fifteen (15) pages for its reply. Signed by Judge Daniel T. K. Hurley on 6/27/2011. (tda) (Entered: 06/27/2011)
07/01/2011 150
RESPONSE in Opposition re 147 MOTION to Compel Plaintiffs to Answer Defendant's Second Set of Written Discovery Requests filed by Maureen Stevens. (Schuler, Richard) (Entered: 07/01/2011)
07/06/2011 151
REPLY to Response to Motion re 147 MOTION to Compel Plaintiffs to Answer Defendant's Second Set of Written Discovery Requests filed by United States. (Attachments: # 1 Exhibit 6 - RMR 1029 Reference Material Receipt Record, # 2 Exhibit 7 - Deposition of Dr. Gerald Andrews (excerpt), # 3 Exhibit 8 - Deposition of Dr. Arthur Friedlander (excerpt), # 4 Exhibit 9 - Deposition of Dr. Peter Jahrling (excerpt), # 5 Exhibit 10 - Defense Science Board Report)(Patil, Jason) (Entered: 07/06/2011)
07/12/2011 152
STIPULATION re 145 MOTION to Compel Deposition of Dr. Saathoff, 146 Response in Opposition to Motion,, (Joint) Resolving Plaintiff's Motion to Compel the Deposition of Dr. Gregory Saathoff by Maureen Stevens (Schuler, Richard) (Entered: 07/12/2011)
07/15/2011 153
MOTION to Dismiss for Lack of Jurisdiction 1 Complaint (Based on the FTCA's Assault and Battery Exception), MOTION for Summary Judgment (Based on the FTCA's Analogous Private Liability Requirement and a Corresponding Lack of Cause-in-Fact) by United States. Responses due by 8/1/2011 (Attachments: # 1 Exhibit SOF, Statement of Facts, # 2 Exhibit AB-1, Dr. Dietz Report, Excerpts*, # 3 Exhibit AB-2, RMR-1029 Reference Material Receipt Record, # 4 Exhibit AB-3, Pls.' Resp. to First Set RFAs, # 5 Exhibit AB-4, Dr. Dietz Supp. Report, Excerpts*, # 6 Exhibit AB-5, Dr. Wade Report, Excerpts*, # 7 Exhibit AB-6, Pls.' Verified Interrog. Ans, # 8 Exhibit AB-7, Dr. Eitzen Depo., Excerpts, # 9 Exhibit AB-8, Dr. Salerno Depo., Excerpts*, # 10 Exhibit AB-9, Report of the Defense Science Board, Excerpts, # 11 Exhibit AB-10, GAO Report: Biosafety Laboratories, Excerpts, # 12 Exhibit AB-11, NRC Report, 2009, Excerpts, # 13 Exhibit AB-12, NSABB Report, Excerpts, # 14 Exhibit AB-13, Dr. Dietz Depo., Excerpts*, # 15 Exhibit AB-14, USAM Documents, # 16 Exhibit AB-15, Amerithrax Investigative Summary, Excerpts, # 17 Exhibit AB-16, Dr. Friedlander Depo., Excerpts, # 18 Exhibit AB-17, Spradlin Article: Bacterial Abundance on Hands)(Dinnell, Adam) (Entered: 07/15/2011)
07/15/2011 154
MOTION for Summary Judgment Based on the Absence of Proximate Cause by United States. Responses due by 8/1/2011 (Attachments: # 1 Exhibit U.S. Facts - Statement of Facts, # 2 Exhibit PC-1, Exhibit List, # 3 Exhibit PC-2, Emerging Infectious Diseases, "First Case of Bioterrorism-Related Inhalational Anthrax in the United States, Palm Beach County, Florida, 2001", # 4 Exhibit PC-3, Plfs.' Resp. to RFA No. 5, # 5 Exhibit PC-4, USAMRIID FOIA Response Report, Excerpts, # 6 Exhibit PC-5, Dr. Eitzen Depo., Excerpts, # 7 Exhibit PC-6, Dr. Jahrling Depo., Excerpts, # 8 Exhibit PC-7, USAMRIID Information Paper (1-21-02), # 9 Exhibit PC-8, USAMRIID Information Paper (1-22-02), # 10 Exhibit PC-9, Dr. Byrne Depo., Excerpts, # 11 Exhibit PC-10, RMR-1029 Reference Material Receipt Record, # 12 Exhibit PC-11, National Academy of Sciences Report, Excerpts, # 13 Exhibit PC-12, Dr. Worsham Depo., Excerpts, # 14 Exhibit PC-13, Dr. Welkos Depo., Excerpts, # 15 Exhibit PC-14, Mr. Little Depo., Excerpts, # 16 Exhibit PC-15, Dr. Dietz Depo., Excerpts (Redacted), # 17 Exhibit PC-16, National Center for the Analysis of Violent Crime, Serial Murder Report, Excerpts)(Dinnell, Adam) (Entered: 07/15/2011)
07/15/2011 155
MOTION to Dismiss for Lack of Jurisdiction 1 Complaint Under 28 U.S.C. 2680(a) by United States. Responses due by 8/1/2011 (Attachments: # 1 Statement of Facts, # 2 Exhibit List, # 3 Exhibit 1 Byrne Deposition, # 4 Exhibit 2 Andrews Deposition, # 5 Exhibit 3 Worsham Deposition, # 6 Exhibit 4 Friedlander Deposition, # 7 Exhibit 5 Lynn Deposition, # 8 Exhibit 6 Salerno Deposition, # 9 Exhibit 7 Sandia Report, # 10 Exhibit 8 Eitzen Deposition, # 11 Exhibit 9 AR 190-13, # 12 Exhibit 10 Arrison Deposition, # 13 Exhibit 11 AR 385-69, # 14 Exhibit 12 Welkos Deposition, # 15 Exhibit 13 Adamovicz Deposition, # 16 Exhibit 14 Jahrling Deposition, # 17 Exhibit 15 AR 70-65, # 18 Exhibit 16 Eitzen Letter, # 19 Exhibit 17 USAMRIID Info Paper, # 20 Exhibit 18 Wade Deposition, # 21 Exhibit 19 Employee Service Statement, # 22 Exhibit 20 Disposition Form, # 23 Exhibit 21 Notification of Personnel Action, # 24 Exhibit 22 Friend Deposition, # 25 Exhibit 23 Bridges Deposition, # 26 Exhibit 24 Sealed Deposition, # 27 Exhibit 25 Sealed Deposition, # 28 Exhibit 26 Sealed Deposition, # 29 Exhibit 27 SIP Health Questionnaire, # 30 Exhibit 28 Report of Medical History, # 31 Exhibit 29 Medical History Questionnaire, # 32 Exhibit 30 Little Deposition, # 33 Exhibit 31 Sealed Deposition, # 34 Exhibit 32 Sealed Deposition, # 35 Exhibit 33 Performance Evaluations, # 36 Exhibit 34 Reference Material Receipt, # 37 Exhibit 35 Plaintiffs' Rog Responses, # 38 Exhibit 36 Army Publishing Directorate print, # 39 Exhibit 37 Army Pamplet 385-69, # 40 Exhibit 38 USAMRIID Reg 385-69, # 41 Exhibit 39 USAMRIID Reg 385-14, # 42 Exhibit 40 USAMRIID Reg 385-3, # 43 Exhibit 41 Sealed Deposition, # 44 Exhibit 42 USAMRIID Reg 380-1)(Taranto, Leon) (Entered: 07/15/2011)
07/15/2011 156
AFFIDAVIT in Support re 155 MOTION to Dismiss for Lack of Jurisdiction 1 Complaint Under 28 U.S.C. 2680(a) MOTION to Dismiss for Lack of Jurisdiction 1 Complaint Under 28 U.S.C. 2680(a) MOTION to Dismiss for Lack of Jurisdiction 1 Complaint Under 28 U.S.C. 2680(a) MOTION to Dismiss for Lack of Jurisdiction 1 Complaint Under 28 U.S.C. 2680(a) MOTION to Dismiss for Lack of Jurisdiction 1 Complaint Under 28 U.S.C. 2680(a) MOTION to Dismiss for Lack of Jurisdiction 1 Complaint Under 28 U.S.C. 2680(a) MOTION to Dismiss for Lack of Jurisdiction 1 Complaint Under 28 U.S.C. 2680(a) MOTION to Dismiss for Lack of Jurisdiction 1 Complaint Under 28 U.S.C. 2680(a) of David Franz filed by United States. (Attachments: # 1 Exhibit A Franz CV, # 2 Exhibit B DSB Report (part 1), # 3 Exhibit B DSB Report (part 2), # 4 Exhibit C NSABB Report)(Taranto, Leon) (Entered: 07/15/2011)
07/15/2011 157
AFFIDAVIT in Support re 155 MOTION to Dismiss for Lack of Jurisdiction 1 Complaint Under 28 U.S.C. 2680(a) MOTION to Dismiss for Lack of Jurisdiction 1 Complaint Under 28 U.S.C. 2680(a) MOTION to Dismiss for Lack of Jurisdiction 1 Complaint Under 28 U.S.C. 2680(a) MOTION to Dismiss for Lack of Jurisdiction 1 Complaint Under 28 U.S.C. 2680(a) MOTION to Dismiss for Lack of Jurisdiction 1 Complaint Under 28 U.S.C. 2680(a) MOTION to Dismiss for Lack of Jurisdiction 1 Complaint Under 28 U.S.C. 2680(a) MOTION to Dismiss for Lack of Jurisdiction 1 Complaint Under 28 U.S.C. 2680(a) MOTION to Dismiss for Lack of Jurisdiction 1 Complaint Under 28 U.S.C. 2680(a) of Rita Colwell filed by United States. (Attachments: # 1 Exhibit A Colwell CV, # 2 Exhibit B NRC Report)(Taranto, Leon) (Entered: 07/15/2011)
07/15/2011 158
AFFIDAVIT in Support re 155 MOTION to Dismiss for Lack of Jurisdiction 1 Complaint Under 28 U.S.C. 2680(a) MOTION to Dismiss for Lack of Jurisdiction 1 Complaint Under 28 U.S.C. 2680(a) MOTION to Dismiss for Lack of Jurisdiction 1 Complaint Under 28 U.S.C. 2680(a) MOTION to Dismiss for Lack of Jurisdiction 1 Complaint Under 28 U.S.C. 2680(a) MOTION to Dismiss for Lack of Jurisdiction 1 Complaint Under 28 U.S.C. 2680(a) MOTION to Dismiss for Lack of Jurisdiction 1 Complaint Under 28 U.S.C. 2680(a) MOTION to Dismiss for Lack of Jurisdiction 1 Complaint Under 28 U.S.C. 2680(a) MOTION to Dismiss for Lack of Jurisdiction 1 Complaint Under 28 U.S.C. 2680(a) of Kathleen Carr filed by United States. (Attachments: # 1 Exhibit A Carr CV, # 2 Exhibit B Carr Article)(Taranto, Leon) (Entered: 07/15/2011)
07/15/2011 159
AFFIDAVIT in Support re 155 MOTION to Dismiss for Lack of Jurisdiction 1 Complaint Under 28 U.S.C. 2680(a) MOTION to Dismiss for Lack of Jurisdiction 1 Complaint Under 28 U.S.C. 2680(a) MOTION to Dismiss for Lack of Jurisdiction 1 Complaint Under 28 U.S.C. 2680(a) MOTION to Dismiss for Lack of Jurisdiction 1 Complaint Under 28 U.S.C. 2680(a) MOTION to Dismiss for Lack of Jurisdiction 1 Complaint Under 28 U.S.C. 2680(a) MOTION to Dismiss for Lack of Jurisdiction 1 Complaint Under 28 U.S.C. 2680(a) MOTION to Dismiss for Lack of Jurisdiction 1 Complaint Under 28 U.S.C. 2680(a) MOTION to Dismiss for Lack of Jurisdiction 1 Complaint Under 28 U.S.C. 2680(a) of Andrea Upperman filed by United States. (Attachments: # 1 Exhibit A Standard Form 85, # 2 Exhibit B Personal Qualifications Statement, # 3 Exhibit C DoD 5200.2-R Personnel Security Program, # 4 Exhibit D 1980 Certificate of Clearance, # 5 Exhibit E DoD 5200.2-R Personnel Security Program (1996), # 6 Exhibit F AR 380-67 (1988), # 7 Exhibit G Certificate of Clearance (2004), # 8 Exhibit H Certificate of Clearance (1978), # 9 Exhibit I Asst Sec of Def Memo, # 10 Exhibit J DoD 5210.48 DoD Polygraph Program)(Taranto, Leon) (Entered: 07/15/2011)
07/15/2011 160
AFFIDAVIT in Support re 155 MOTION to Dismiss for Lack of Jurisdiction 1 Complaint Under 28 U.S.C. 2680(a) MOTION to Dismiss for Lack of Jurisdiction 1 Complaint Under 28 U.S.C. 2680(a) MOTION to Dismiss for Lack of Jurisdiction 1 Complaint Under 28 U.S.C. 2680(a) MOTION to Dismiss for Lack of Jurisdiction 1 Complaint Under 28 U.S.C. 2680(a) MOTION to Dismiss for Lack of Jurisdiction 1 Complaint Under 28 U.S.C. 2680(a) MOTION to Dismiss for Lack of Jurisdiction 1 Complaint Under 28 U.S.C. 2680(a) MOTION to Dismiss for Lack of Jurisdiction 1 Complaint Under 28 U.S.C. 2680(a) MOTION to Dismiss for Lack of Jurisdiction 1 Complaint Under 28 U.S.C. 2680(a) of Les Blake filed by United States. (Attachments: # 1 Exhibit A DCII record, # 2 Exhibit B JPAS record)(Taranto, Leon) (Entered: 07/15/2011)
07/18/2011 161
ORDER Terminating Plaintiff's Motion to Compel Deposition of Dr. Saathoff 145 as Moot. See DE 152 . Signed by Judge Daniel T. K. Hurley on 7/18/2011. (tda) (Entered: 07/18/2011)
07/19/2011 162
NOTICE by United States re 155 MOTION to Dismiss for Lack of Jurisdiction 1 Complaint Under 28 U.S.C. 2680(a) 154 MOTION for Summary Judgment Based on the Absence of Proximate Cause, 153 MOTION to Dismiss for Lack of Jurisdiction 1 Complaint (Based on the FTCA's Assault and Battery Exception) MOTION for Summary Judgment (Based on the FTCA's Analogous Private Liability Requirement and a Corresponding Lack of Cause-in-Fact) of Errata Correcting [DE# 153, 154-1, 155, 155-1) (Dinnell, Adam) Modified text 7/20/2011 (tp). (Entered: 07/19/2011)
07/21/2011
SYSTEM ENTRY - Docket Entry 163 restricted/sealed until further notice. (dj) (Entered: 07/21/2011)
07/21/2011
SYSTEM ENTRY - Docket Entry 164 restricted/sealed until further notice. (dj) (Entered: 07/21/2011)
07/21/2011
SYSTEM ENTRY - Docket Entry 165 restricted/sealed until further notice. (dj) (Entered: 07/21/2011)
07/21/2011
SYSTEM ENTRY - Docket Entry 166 restricted/sealed until further notice. (dj) (Entered: 07/21/2011)
07/21/2011
SYSTEM ENTRY - Docket Entry 167 restricted/sealed until further notice. (dj) (Entered: 07/21/2011)
07/25/2011 168
ORDER Denying 147 Defendant's Motion to Compel Answers to Second Set of Written Discovery. Signed by Judge Daniel T. K. Hurley on 7/25/2011. (tda) (Entered: 07/25/2011)
07/25/2011 169
ORDER Sua Sponte Striking Defendant's "Notice of Errata" as Unauthorized Amendment to Earlier Submissions. Signed by Judge Daniel T. K. Hurley on 7/25/2011. (tda) (Entered: 07/25/2011)
07/27/2011 170
MOTION to Amend/Correct 154 MOTION for Summary Judgment Based on the Absence of Proximate Cause, 153 MOTION to Dismiss for Lack of Jurisdiction 1 Complaint (Based on the FTCA's Assault and Battery Exception) MOTION for Summary Judgment (Based on the FTCA's Analogous Private Liability Requirement and a Corresponding Lack of Cause-in-Fact) by United States. Responses due by 8/15/2011 (Attachments: # 1 Affidavit Declaration of Leon B. Taranto, # 2 Exhibit Exh. 1 - Amended Motion to Dismiss Based on FTCA's Assault & Battery Exception (DE# 153), # 3 Exhibit Exh. 2 - Amended Statement of Material Facts in Support of Motion to Dismiss based on FTCA Assault & Battery Exception (DE# 153-1), # 4 Exhibit Exh. 3 - Amended Statement of Material Facts in Support of Motion for Summary Judgment based on Lack of Proximate Cause (DE# 154-1), # 5 Text of Proposed Order proposed Order granting Leave to File Amended Motions to Dismiss (DE# 153) and Amended Statements of Material Facts (DE#'s 153-1 & 154-1))(Taranto, Leon) Modified on 7/28/2011 (tp). (Entered: 07/27/2011)
07/29/2011 171
ENDORSED ORDER granting 170 Defendant's Unopposed Motion for Leave to File Amended Motion to Dismiss, Supporting Statement of Facts re: Motion to Dismiss and Statement of Material Facts in Support of Summary Judgment Motion [DE# 153, 153-1 and 154-1]. The amended documents are accepted for filing on this date; however defendant shall re-file each amended pleading as separate docket entry pursuant to Local Rule 15.1. Signed by Judge Daniel T. K. Hurley on 7/29/2011. (tda) (Entered: 07/29/2011)
07/29/2011 172
Amended MOTION for Summary Judgment Based on the Absence of Proximate Cause (with an AMENDED Statement of Facts) by United States. Responses due by 8/15/2011 (Attachments: # 1 Exhibit U.S. Facts - AMENDED Statement of Facts, # 2 Exhibit PC-1, Exhibit List, # 3 Exhibit PC-2, Emerging Infectious Diseases, "First Case of Bioterrorism-Related Inhalational Anthrax in the United States, Palm Beach County, Florida, 2001", # 4 Exhibit PC-3, Plfs.' Resp. to RFA No. 5, # 5 Exhibit PC-4, USAMRIID FOIA Response Report, Excerpts, # 6 Exhibit PC-5, Dr. Eitzen Depo., Excerpts, # 7 Exhibit PC-6, Dr. Jahrling Depo., Excerpts, # 8 Exhibit PC-7, USAMRIID Information Paper (1-21-02), # 9 Exhibit PC-8, USAMRIID Information Paper (1-22-02), # 10 Exhibit PC-9, Dr. Byrne Depo., Excerpts, # 11 Exhibit PC-10, RMR-1029 Reference Material Receipt Record, # 12 Exhibit PC-11, National Academy of Sciences Report, Excerpts, # 13 Exhibit PC-12, Dr. Worsham Depo., Excerpts, # 14 Exhibit PC-13, Dr. Welkos Depo., Excerpts, # 15 Exhibit PC-14, Mr. Little Depo., Excerpts, # 16 Exhibit PC-15, Dr. Dietz Depo., Excerpts (Redacted), # 17 Exhibit PC-16, National Center for the Analysis of Violent Crime, Serial Murder Report, Excerpts)(Dinnell, Adam) (Entered: 07/29/2011)
07/29/2011 173
Amended MOTION to Dismiss for Lack of Jurisdiction 1 Complaint (Based on the FTCA's Assault and Battery Exception), Amended MOTION for Summary Judgment (Based on the FTCA's Analogous Private Liability Requirement and a Corresponding Lack of Cause-in-Fact) (with an AMENDED Statement of Facts) by United States. Responses due by 8/15/2011 (Attachments: # 1 Exhibit SOF, AMENDED Statement of Facts, # 2 Exhibit AB-1, Dr. Dietz Report, Excerpts*, # 3 Exhibit AB-2, RMR-1029 Reference Material Receipt Record, # 4 Exhibit AB-3, Pls.' Resp. to First Set RFAs, # 5 Exhibit AB-4, Dr. Dietz Supp. Report, Excerpts*, # 6 Exhibit AB-5, Dr. Wade Report, Excerpts*, # 7 Exhibit AB-6, Pls.' Verified Interrog. Ans., # 8 Exhibit AB-7, Dr. Eitzen Depo., Excerpts, # 9 Exhibit AB-8, Dr. Salerno Depo., Excerpts*, # 10 Exhibit AB-9, Report of the Defense Science Board Excerpts, # 11 Exhibit AB-10, GAO Report: Biosafety Laboratories, Excerpts, # 12 Exhibit AB-11, NRC Report, 2009, Excerpts, # 13 Exhibit AB-12, NSABB Report, Excerpts, # 14 Exhibit AB-13, Dr. Dietz Depo., Excerpts*, # 15 Exhibit AB-14, USAM Documents, # 16 Exhibit AB-15, Amerithrax Investigative Summary, Excerpts, # 17 Exhibit AB-16, Dr. Friedlander Depo., Excerpts, # 18 Exhibit AB-17, Spradlin Article: Bacterial Abundance on Hands)(Dinnell, Adam) (Entered: 07/29/2011)
08/02/2011
SYSTEM ENTRY - Docket Entry 174 restricted/sealed until further notice. (dj) (Entered: 08/02/2011)
08/10/2011 175
Unopposed MOTION for Extension of Time to Complete Discovery (Expert) by Maureen Stevens. (Attachments: # 1 Text of Proposed Order)(Schuler, Richard) (Entered: 08/10/2011)
08/10/2011 176
RESPONSE to Motion re 175 Unopposed MOTION for Extension of Time to Complete Discovery (Expert) filed by United States. Replies due by 8/22/2011. (Attachments: # 1 Text of Proposed Order)(Taranto, Leon) (Entered: 08/10/2011)
08/11/2011 177
MOTION for Extension of Time to File Response/Reply as to 155 MOTION to Dismiss for Lack of Jurisdiction 1 Complaint Under 28 U.S.C. 2680(a), 154 MOTION for Summary Judgment Based on the Absence of Proximate Cause, 153 MOTION to Dismiss for Lack of Jurisdiction 1 Complaint (Based on the FTCA's Assault and Battery Exception) MOTION for Summary Judgment (Based on the FTCA's Analogous Private Liability Requirement and a Corresponding Lack of Cause-in-Fact) Amended MOTION to Dismiss for Lack of Jurisdiction 1 Complaint (Based on the FTCA's Assault and Battery Exception)Amended MOTION for Summary Judgment (Based on the FTCA's Analogous Private Liability Requirement and a Corresponding Lack of Cause-in-Fact) (with an AMENDED Statement of Facts), 172 Amended MOTION for Summary Judgment Based on the Absence of Proximate Cause (with an AMENDED Statement of Facts) by Maureen Stevens. (Attachments: # 1 Text of Proposed Order, # 2 Exhibit)(Schuler, Richard) Modified on 8/12/2011 (tp). (Entered: 08/11/2011)
08/12/2011 178
ENDORSED ORDER granting in part and denying in part 177 Plaintiff's Motion for Extension of Time to Respond to Defendant's Three Dispositive Motions. The request for an extension of time is granted, but the requested length of extension is denied. The time for plaintiff to file response in opposition to the defendant's three dispositive motions is extended up to and including FRIDAY SEPTEMBER 9, 2011. Signed by Judge Daniel T. K. Hurley on 8/12/2011. (tda) (Entered: 08/12/2011)
08/12/2011
Set/Reset Deadlines as to 173 Amended MOTION to Dismiss for Lack of Jurisdiction 1 Complaint (Based on the FTCA's Assault and Battery Exception)Amended MOTION for Summary Judgment (Based on the FTCA's Analogous Private Liability Requirement and a Corresponding Lack of Cause-in-Fact) (with an AMENDED Statement of Facts), 155 MOTION to Dismiss for Lack of Jurisdiction 1 Complaint Under 28 U.S.C. 2680(a), 172 Amended MOTION for Summary Judgment Based on the Absence of Proximate Cause (with an AMENDED Statement of Facts). Responses due by 9/9/2011. (See DE# 178.) (wc) (Entered: 08/15/2011)
08/17/2011 179
RESPONSE/REPLY to 176 Defendant's Partial Opposition to Plaintiffs' Motion to Extend Expert Discovery by Maureen Stevens. (Schuler, Richard) Modified link on 8/18/2011 (tp). (Entered: 08/17/2011)
08/18/2011 180
Clerks Notice to Filer re 179 Response/Reply (Other). Document Not Linked; ERROR - The filed document was not linked to the related docket entry. The correction was made by the Clerk. It is not necessary to refile this document. (tp) (Entered: 08/18/2011)
08/19/2011 181
ORDER granting 175 Plaintiff's Motion for Extension of Time to Complete Expert Discovery Depositions. Signed by Judge Daniel T. K. Hurley on 8/19/11. (lr) (Entered: 08/19/2011)
09/09/2011 182
MOTION for Leave to File Under Seal Plaintiffs' Responses to Defendant's Dispositive Motions and Exhibits Referenced Within by Maureen Stevens. (Attachments: # 1 Text of Proposed Order Order on Unopposed Motion to File Under Seal Plaintiff's Responses to Defendant's Dispositive Motions and Exhibits Referenced Within)(Schuler, Richard) (Entered: 09/09/2011)
09/13/2011 183
ORDER granting 182 Motion for Leave to File under Seal plaintiffs' responses to defendant's motions DE 155, 172 and 173. Signed by Judge Daniel T. K. Hurley on 9/13/11. (lr) (Entered: 09/13/2011)
09/14/2011 184
Joint MOTION for Leave to File Excess Pages for the Opposition and Reply Addressing the Government's Motion to Dismiss or, in the Alternative, for Summary Judgment [DE# 173] by United States. (Attachments: # 1 Text of Proposed Order)(Dinnell, Adam) (Entered: 09/14/2011)
09/15/2011 185
ENDORSED ORDER granting 184 Parties' Joint Motion for Leave to Enlarge Page Limits for the Opposition and Reply re: the Government's Motion to Dismiss or in the Alternative for Summary Judgment 173 . The page limit for the plaintiff's response in opposition to the motion is enlarged to forty-seven (47) pages, and the page limit for the government's reply memorandum is enlarged to twenty-five (25) pages. Signed by Judge Daniel T. K. Hurley on 9/15/2011. (tda) (Entered: 09/15/2011)
09/15/2011
SYSTEM ENTRY - Docket Entry 186 restricted/sealed until further notice. (dj) (Entered: 09/15/2011)
09/15/2011
SYSTEM ENTRY - Docket Entry 187 restricted/sealed until further notice. (dj) (Entered: 09/15/2011)
09/15/2011
SYSTEM ENTRY - Docket Entry 188 restricted/sealed until further notice. (dj) (Entered: 09/15/2011)
09/15/2011
SYSTEM ENTRY - Docket Entry 189 restricted/sealed until further notice. (dj) (Entered: 09/15/2011)
09/15/2011
SYSTEM ENTRY - Docket Entry 190 restricted/sealed until further notice. (dj) (Entered: 09/15/2011)
09/15/2011
SYSTEM ENTRY - Docket Entry 191 restricted/sealed until further notice. (dj) (Entered: 09/15/2011)
09/16/2011 192
NOTICE by Maureen Stevens re 155 MOTION to Dismiss for Lack of Jurisdiction 1 Complaint Under 28 U.S.C. 2680(a) MOTION to Dismiss for Lack of Jurisdiction 1 Complaint Under 28 U.S.C. 2680(a) MOTION to Dismiss for Lack of Jurisdiction 1 Complaint Under 28 U.S.C. 2680(a) MOTION to Dismiss for Lack of Jurisdiction 1 Complaint Under 28 U.S.C. 2680(a) MOTION to Dismiss for Lack of Jurisdiction 1 Complaint Under 28 U.S.C. 2680(a) MOTION to Dismiss for Lack of Jurisdiction 1 Complaint Under 28 U.S.C. 2680(a) MOTION to Dismiss for Lack of Jurisdiction 1 Complaint Under 28 U.S.C. 2680(a) MOTION to Dismiss for Lack of Jurisdiction 1 Complaint Under 28 U.S.C. 2680(a), 173 Amended MOTION to Dismiss for Lack of Jurisdiction 1 Complaint (Based on the FTCA's Assault and Battery Exception)Amended MOTION for Summary Judgment (Based on the FTCA's Analogous Private Liability Requirement and a Corresponding Lack of Cause-in-Fact) (with an AMENDED Statement of Facts)Amended MOTION to Dismiss for Lack of Jurisdiction 1 Complaint (Based on the FTCA's Assault and Battery Exception)Amended MOTION for Summary Judgment (Based on the FTCA's Analogous Private Liability Requirement and a Corresponding Lack of Cause-in-Fact) (with an AMENDED Statement of Facts)Amended MOTION to Dismiss for Lack of Jurisdiction 1 Complaint (Based on the FTCA's Assault and Battery Exception)Amended MOTION for Summary Judgment (Based on the FTCA's Analogous Private Liability Requirement and a Corresponding Lack of Cause-in-Fact) (with an AMENDED Statement of Facts)Amended MOTION to Dismiss for Lack of Jurisdiction 1 Complaint (Based on the FTCA's Assault and Battery Exception)Amended MOTION for Summary Judgment (Based on the FTCA's Analogous Private Liability Requirement and a Corresponding Lack of Cause-in-Fact) (with an AMENDED Statement of Facts)Amended MOTION to Dismiss for Lack of Jurisdiction 1 Complaint (Based on the FTCA's Assault and Battery Exception)Amended MOTION for Summary Judgment (Based on the FTCA's Analogous Private Liability Requirement and a Corresponding Lack of Cause-in-Fact) (with an AMENDED Statement of Facts)Amended MOTION to Dismiss for Lack of Jurisdiction 1 Complaint (Based on the FTCA's Assault and Battery Exception)Amended MOTION for Summary Judgment (Based on the FTCA's Analogous Private Liability Requirement and a Corresponding Lack of Cause-in-Fact) (with an AMENDED Statement of Facts), 172 Amended MOTION for Summary Judgment Based on the Absence of Proximate Cause (with an AMENDED Statement of Facts)Amended MOTION for Summary Judgment Based on the Absence of Proximate Cause (with an AMENDED Statement of Facts)Amended MOTION for Summary Judgment Based on the Absence of Proximate Cause (with an AMENDED Statement of Facts)Amended MOTION for Summary Judgment Based on the Absence of Proximate Cause (with an AMENDED Statement of Facts)Amended MOTION for Summary Judgment Based on the Absence of Proximate Cause (with an AMENDED Statement of Facts)Amended MOTION for Summary Judgment Based on the Absence of Proximate Cause (with an AMENDED Statement of Facts) OF FILING REDACTED RESPONSES (Attachments: # 1 Response to DE155 per DE183, # 2 Response to DE172 per DE183, # 3 Response to DE173 per DE183)(Schuler, Richard) (Entered: 09/16/2011)
09/22/2011 193
Unopposed MOTION for Extension of Time OF ONE DAY, TO FILE REPLIES IN SUPPORT OF DISPOSITIVE MOTIONS [DE#155, DE#172, DE#173] re 192 Notice (Other) by United States. Responses due by 10/11/2011 (Attachments: # 1 Text of Proposed Order Patil, by Jason) Modified on 9/23/2011 (tp). (Entered: 09/22/2011)
09/23/2011 194
ENDORSED ORDER granting 193 Defendant's Unopposed Motion for Extension of Time to File Replies in Support of Dispositive Motions [DE 155, 172, 173].The time for filing the replies is extended up to and including Tuesday, September 27, 2011. Signed by Judge Daniel T. K. Hurley on 9/23/2011. (tda) (Entered: 09/23/2011)
09/23/2011 195
Unopposed MOTION for Protective Order #8 by United States. (Attachments: # 1 Text of Proposed Order)(Patil, Jason) (Entered: 09/23/2011)
09/26/2011 196
ORDER Setting Hearing on Defendant's Motions: 173 Amended Motion to Dismiss for Lack of Subject Matter Jurisdiction Based on FTCA Assault and Battery Exception and Alternative Motion for Summary Judgment Based on FTCA Analogous Private Liability Requirement and Corresponding Lack of Cause-in-Fact; 172 Motion for Summary Judgment Based on Absence of Proximate Cause and 165 Motion to Dismiss for Lack of Subject Matter Jurisdiction Based on FTCA Discretionary Function Exemption. Motion Hearing set for 11/2/2011 09:00 AM in West Palm Beach Division before Judge Daniel T. K. Hurley. Signed by Judge Daniel T. K. Hurley on 9/26/2011. (tda) (Entered: 09/26/2011)
09/26/2011 197
NOTICE by Maureen Stevens of Filing Redacted Responses to Statements of Fact (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit)(Schuler, Richard) (Entered: 09/26/2011)
09/26/2011 198
NOTICE of Attorney Appearance by Kathryn Grace Naegeli Boling on behalf of United States (Naegeli Boling, Kathryn) (Entered: 09/26/2011)
09/27/2011 199
ORDER granting 195 Defendant's Motion for Protective Order. Signed by Judge Daniel T. K. Hurley on 9/27/11. (lr) (Entered: 09/27/2011)
09/27/2011 200
MOTION in Limine to Exclude Portions of the Report of the Expert Behavioral Analysis Panel by United States. (Attachments: # 1 Text of Proposed Order, # 2 Exhibit Report of the Expert Behavioral Analysis Panel, # 3 Exhibit Plaintiffs' Expert Disclosures, # 4 Exhibit Taranto letter, # 5 Exhibit Wade deposition excerpts, # 6 Exhibit Dietz deposition excerpts)(Brown, Jacqueline) (Entered: 09/27/2011)
09/27/2011 201
REPLY to Response to Motion re 173 Amended MOTION to Dismiss for Lack of Jurisdiction 1 Complaint (Based on the FTCA's Assault and Battery Exception) Amended MOTION for Summary Judgment (Based on the FTCA's Analogous Private Liability Requirement and a Corresponding Lack of Cause-in-Fact) (with an AMENDED Statement of Facts) filed by United States. (Attachments: # 1 Exhibit AB-18, Dr. Andrews Depo., Excerpts, # 2 Exhibit AB-19, Depo., Excerpts*, # 3 Exhibit AB-20, Amerithrax Inves. Summ., # 4 Exhibit AB-21, Lisi Decl., # 5 Exhibit AB-22, Dr. Adamovicz Depo., Excerpts, # 6 Exhibit AB-23, Dr. Ivins 302, 6-9-08*, # 7 Exhibit AB-24, Dr. Ivins 302, 1-16-08*, # 8 Exhibit AB-25, 302, 3-31-05*, # 9 Exhibit AB-26, 302, 3-10-07*, # 10 Exhibit AB-27, Charts Reflecting Late Night Lab Hours Data, # 11 Exhibit AB-28, Amerithrax Memo., 5-24-05*, # 12 Exhibit AB-29, NAS Report, Excerpts, # 13 Exhibit AB-30, 302, 4-17-08*, # 14 Exhibit AB-31, FBI Slide Show, Excerpts*, # 15 Exhibit AB-32, Christman-Hose Depo., Excerpts, # 16 Exhibit AB-33, Robinson Depo., Excerpts, # 17 Exhibit AB-34, OHSIP, # 18 Exhibit AB-35, FAR 7.503, # 19 Exhibit AB-36, Issues Involving Contractors in the Fed. Workplace, Excerpts, # 20 Exhibit AB-37, USAMRIID Memo., 9-23-94, Excerpts, # 21 Exhibit AB-38, Dr. Dietz Expert Report*, # 22 Exhibit AB-39, Dr. Ivins 302, 3-31-05*, # 23 Exhibit AB-40, Polygraph Report*, # 24 Exhibit AB-41, TRO Against Dr. Ivins*, # 25 Exhibit AB-42, DoD Releases and Dr. Ivins E-mails*, # 26 Exhibit AB-43, Dr. Ivins 302, 2-13-08*)(Dinnell, Adam) Modified on 9/28/2011 (ls). (Entered: 09/27/2011)
09/27/2011 202
REPLY to Response to Motion re 155 MOTION to Dismiss for Lack of Jurisdiction 1 Complaint Under 28 U.S.C. 2680(a) filed by United States. (Attachments: # 1 Exhibit Ex 43 Dep Worsham, # 2 Exhibit Ex 44 Dep Friedlander, # 3 Exhibit Ex 45 AMX Investigative Summary, # 4 Exhibit Ex 46 Dep Jahrling, # 5 Exhibit Ex 47 Dep Adamovicz, # 6 Exhibit Ex 48 Dep Little, # 7 Exhibit Ex 49 Hearing re Withdrawal of Stipulation, # 8 Exhibit Ex 50 Dep Welkos, # 9 Exhibit Ex 51 USAMRIID Reg 40-20, # 10 Exhibit Ex 52 Reference Material Receipt Record, # 11 Exhibit Ex 53 USAMRIID Reg 385-5, # 12 Exhibit Ex 54 Sealed, # 13 Exhibit Ex 55 Dep Hawley, # 14 Exhibit Ex 56 USAMRIID Reg 385-69, # 15 Exhibit Ex 57 Sealed, # 16 Exhibit Ex 58 Dep Eitzen, # 17 Exhibit Ex 59 USAMRIID Reg 1-7, # 18 Exhibit Ex 60 AR 380-67, # 19 Exhibit Ex 61 Sealed, # 20 Exhibit Ex 62 Sealed, # 21 Exhibit Ex 63 Sealed, # 22 Exhibit Ex 64 Sealed, # 23 Exhibit Ex 65 Sealed, # 24 Exhibit Ex 66 Sealed, # 25 Exhibit Ex 67 Sealed, # 26 Exhibit Ex 68 Dep Robinson, # 27 Exhibit Ex 69 Sealed)(Taranto, Leon) Modified on 9/28/2011 (ls). (Entered: 09/27/2011)
09/27/2011 203
REPLY to Response to Motion re 172 Amended MOTION for Summary Judgment Based on the Absence of Proximate Cause (with an AMENDED Statement of Facts) filed by United States. (Attachments: # 1 Exhibit PC-17 (Depo excerpt of Robert Hawley))(Boling, Kathryn) Modified on 9/28/2011 (ls). (Entered: 09/27/2011)
09/29/2011 204
Unopposed MOTION for Extension of Time to Complete Discovery for the Limited Purpose of Deposing Plaintiffs' Rebuttal Expert Witness by United States. (Attachments: # 1 Text of Proposed Order, # 2 Exhibit A, Plaintiffs' Expert Witness Disclosure (4-1-11), # 3 Exhibit B, Plaintiffs' Rebuttal Expert Witness Disclosure (8-26-11))(Dinnell, Adam) (Entered: 09/29/2011)
09/30/2011
SYSTEM ENTRY - Docket Entry 205 restricted/sealed until further notice. (dj) (Entered: 09/30/2011)
09/30/2011
SYSTEM ENTRY - Docket Entry 206 restricted/sealed until further notice. (dj) (Entered: 09/30/2011)
09/30/2011
SYSTEM ENTRY - Docket Entry 207 restricted/sealed until further notice. (dj) (Entered: 09/30/2011)
09/30/2011
SYSTEM ENTRY - Docket Entry 208 restricted/sealed until further notice. (dj) (Entered: 09/30/2011)
09/30/2011
SYSTEM ENTRY - Docket Entry 209 restricted/sealed until further notice. (dj) (Entered: 09/30/2011)
09/30/2011
SYSTEM ENTRY - Docket Entry 210 restricted/sealed until further notice. (dj) (Entered: 09/30/2011)
09/30/2011
SYSTEM ENTRY - Docket Entry 211 restricted/sealed until further notice. (dj) (Entered: 09/30/2011)
09/30/2011
SYSTEM ENTRY - Docket Entry 212 restricted/sealed until further notice. (dj) (Entered: 09/30/2011)
10/04/2011 213
ENDORSED ORDER granting 204 Defendant's Motion to Extend Time to Complete Expert Discovery. The motion to extend time is granted for the limited purpose of deposing plaintiff's rebuttal expert witness (Dr. Pettingill), and the time for completing the deposition of this expert is extended up to and including October 18, 2011. Signed by Judge Daniel T. K. Hurley on 10/4/2011. (tda) (Entered: 10/04/2011)
10/05/2011 214
Notice of Mediation Hearing before Mediator, Patrick Massa filed by Maureen Stevens. Mediation Hearing set for 10/26/2011 10:00 AM (Schuler, Richard) (Entered: 10/05/2011)
10/06/2011 217
CLERK'S NOTICE of Compliance re 216 Order on Sealed Motion (dj) Modified on 10/7/2011 to remove document, due to clerk's error. No document image for this entry.(jmd) (Entered: 10/06/2011)
10/06/2011 218
Unopposed MOTION for Hearing via Telephone (EMERGENCY MOTION) by United States. (Attachments: # 1 Text of Proposed Order)(Dinnell, Adam) (Entered: 10/06/2011)
10/07/2011 219
Clerks Notice to Filer re 218 Unopposed MOTION for Hearing via Telephone (EMERGENCY MOTION). Emergency Document Filed Electronically; ERROR - Emergency matters may not be filed electronically, they must be filed in the conventional paper format in the division where the judge is chambered. The Clerk contacted Chambers and corrected the docket text to indicate the document is an emergency matter. It is not necessary to refile this document but future filings must comply with the CM/ECF Administrative Procedures and Local Rules. (tp) (Entered: 10/07/2011)
10/07/2011
SYSTEM ENTRY - Document 217, filed on 10/06/2011, modified/deleted. (jmd) (Entered: 10/07/2011)
10/07/2011 220
ORDER granting in part and denying in part 218 . Defendant's request for emergency relief is denied. Defendant's motion for a telephonic hearing is granted. Hearing is set for Wednesday, 10/12/11, at 10:00 a.m. Signed by Judge Daniel T. K. Hurley on 10/7/11. (lr) (Entered: 10/07/2011)
10/07/2011
Set Hearings: Status Conference set for 10/12/2011 10:00 AM in West Palm Beach Division before Judge Daniel T. K. Hurley. (lr) (Entered: 10/07/2011)
10/07/2011 221
NOTICE by United States re 216 Order on Sealed Motion,,,,,,,, of Substituted Documents and Documents Filed Under Seal (Attachments: # 1 Motion to Dismiss for Lack of Subject Matter Jurisdiction under 28 U.S.C. 2680(a), # 2 Statement of Facts in Support of Motion to Dismiss under 2680(a))(Brown, Jacqueline) (Entered: 10/07/2011)
10/13/2011 222
ORDER Re-Setting Trial & Assigning Special Trial Setting ( Bench Trial set for 1/9/2012 before Judge Daniel T. K. Hurley., Calendar Call set for 12/15/2011 08:30 AM in West Palm Beach Division before Judge Daniel T. K. Hurley). Signed by Judge Daniel T. K. Hurley on 10/13/2011. (asl) (Entered: 10/14/2011)
10/14/2011
SYSTEM ENTRY - Docket Entry 223 restricted/sealed until further notice. (dj) (Entered: 10/14/2011)
10/14/2011 224
RESPONSE to Motion re 200 MOTION in Limine to Exclude Portions of the Report of the Expert Behavioral Analysis Panel filed by Maureen Stevens. Replies due by 10/24/2011. (Weisser, Jason) (Entered: 10/14/2011)
10/14/2011 225
Unopposed MOTION for Leave to File under Seal certain Exhibits to Motion to Exclude Testimony of Richard Wade by United States. (Attachments: # 1 Text of Proposed Order)(Taranto, Leon) (Entered: 10/14/2011)
10/14/2011 226
Defendant's MOTION in Limine to Exclude the Testimony of Richard Wade by United States. (Attachments: # 1 Text of Proposed Order proposed Order, # 2 Exhibit #1: Wade Declaration (with redactions) & CV, # 3 Exhibit #2: Wade Deposition excerpts (with redactions), # 4 Exhibit #3: Laboratory Biosecurity Handbook, # 5 Exhibit #4: BMBL 5th ed., # 6 Exhibit #5: Wade Supplemental Declaration (with redactions), # 7 Exhibit #6: June 3, 2011, letter to counsel, # 8 Exhibit #7: NAS report on Naval Force and Global War on Terrorism, # 9 Exhibit #8: NAS report on Naval Forces Defense Capabilities Against Chemical and Biological Warfare, # 10 Exhibit #9: BMBL 3rd ed. (excerpts), # 11 Exhibit #10: USAMRIID Regulation 385-69, # 12 Exhibit #11: BMBL 4th ed. (excerpts), # 13 Exhibit #12: AR 385-69, # 14 Exhibit #13: AR 190-13, # 15 Exhibit #14: (sealed exhibit), # 16 Exhibit #15: Installation Physical Security Plan, # 17 Exhibit #16: Fort Detrick Physical Security Plan: Annex D, # 18 Exhibit #17: (sealed exhibit), # 19 Exhibit #18: (sealed exhibit))(Taranto, Leon) (Entered: 10/14/2011)
10/17/2011
SYSTEM ENTRY - Docket Entry 227 restricted/sealed until further notice. (dj) (Entered: 10/17/2011)
10/19/2011 228
TRANSCRIPT of Telephonic Status Conference held on 10/12/2011 before Judge Daniel T. K. Hurley, 1-47 pages, Court Reporter: Karl Shires, 561-514-3728 / Karl_Shires@flsd.uscourts.gov. Transcript may be viewed at the court public terminal or purchased by contacting the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 11/14/2011. Redacted Transcript Deadline set for 11/25/2011. Release of Transcript Restriction set for 1/20/2012. (Shires, Karl) (Entered: 10/19/2011)
10/19/2011 229
Joint MOTION for Leave to File Select Documents, Joint MOTION to Amend/Correct 96 Order on Motion for Protective Order, 94 Order on Motion for Protective Order ( Responses due by 11/7/2011) by United States. (Attachments: # 1 Text of Proposed Order)(Boling, Kathryn) (Entered: 10/19/2011)
10/19/2011 230
Unopposed MOTION for Leave to File Under Seal Exhibits to the Motion to Exclude Testimony of Park Dietz by United States. (Attachments: # 1 Text of Proposed Order)(Brown, Jacqueline) (Entered: 10/19/2011)
10/19/2011 231
MOTION in Limine to Exclude Testimony of Park Dietz by United States. (Attachments: # 1 Text of Proposed Order, # 2 Exhibit 1 - Report of Park Dietz, # 3 Exhibit 2 - Supplemental Report of Park Dietz, # 4 Exhibit 3 - Dietz deposition excerpts, # 5 Exhibit 4 - deposition excerpts, # 6 Exhibit 5 - deposition excerpts, # 7 Exhibit 6 - 2001 FtD violence prevention memo, # 8 Exhibit 7 - Plaintiffs' 1st Doc Request, # 9 Exhibit 8 - Plaintiffs' 2nd Doc Request, # 10 Exhibit 9 - Plaintiffs' 3rd Doc Request, # 11 Affidavit 10 - Armstrong Affidavit, # 12 Exhibit 10A - IPT Memo, # 13 Exhibit 10B - IPT E-mail, # 14 Exhibit 10C - IPT powerpoint (part 1), # 15 Exhibit 10C - IPT powerpoint (part 2), # 16 Exhibit 10D - IPT training flyer, # 17 Exhibit 10E - workplace violence training cert., # 18 Exhibit 10F - 1998 pamphlet, # 19 Exhibit 10G - OPM Guidebook, # 20 Exhibit 10H - IPT Statistics, # 21 Exhibit 10I - 2001 e-mail and memo, # 22 Exhibit 10J - 2002 memo, # 23 Exhibit 10K - EAP e-mail, # 24 Affidavit 11 - Allen Declaration, # 25 Exhibit 11A - video library (part 1), # 26 Exhibit 11A - video library (part 2), # 27 Exhibit 11B - LEAD handbook, # 28 Exhibit 11C - Cmdr's Training Statement, # 29 Exhibit 11D - Training e-mail, # 30 Exhibit 12 - Adamovicz deposition excerpts, # 31 Exhibit 13 - POSH training e-mail, # 32 Exhibit 14 - POSH training slides, # 33 Exhibit 15 - MEDCOM memo, # 34 Exhibit 16 - Bridges deposition excerpts)(Brown, Jacqueline) (Entered: 10/19/2011)
10/20/2011 232
ORDER granting 229 Motion to Modify Protective Orders Nos. 3 & 4 to permit public filing of select documents. Signed by Judge Daniel T. K. Hurley on 10/20/11. (lr) (Entered: 10/20/2011)
10/24/2011 233
REPLY to Response to Motion re 200 MOTION in Limine to Exclude Portions of the Report of the Expert Behavioral Analysis Panel filed by United States. (Brown, Jacqueline) (Entered: 10/24/2011)
10/26/2011
SYSTEM ENTRY - Docket Entry 234 restricted/sealed until further notice. (dj) (Entered: 10/26/2011)
10/26/2011
SYSTEM ENTRY - Docket Entry 235 restricted/sealed until further notice. (dj) (Entered: 10/26/2011)
10/27/2011 236
Joint MOTION to Stay Deadlines Pending Finalization of Settlement by United States. Responses due by 11/14/2011 (Attachments: # 1 Text of Proposed Order)(Boling, Kathryn) (Entered: 10/27/2011)
11/01/2011 237
Order Cancelling Hearing scheduled for Wednesday, 11/2/11, at 9:00 a.m. Signed by Judge Daniel T. K. Hurley on 11/1/11. (lr) (Entered: 11/01/2011)
11/01/2011 238
ORDER TO SHOW CAUSE - Show Cause Response due by 11/3/2011. Signed by Judge Daniel T. K. Hurley on 11/1/2011. (lr) (Entered: 11/01/2011)
11/02/2011
SYSTEM ENTRY - Docket Entry 239 [motion] restricted/sealed until further notice. (dj) (Entered: 11/02/2011)
11/02/2011
SYSTEM ENTRY - Docket Entry 240 [misc] restricted/sealed until further notice. (dj) (Entered: 11/02/2011)
11/02/2011
SYSTEM ENTRY - Docket Entry 241 [misc] restricted/sealed until further notice. (dj) (Entered: 11/02/2011)
11/03/2011 242
RESPONSE TO ORDER TO SHOW CAUSE re 238 Order to Show Cause by Maureen Stevens. (Schuler, Richard) (Entered: 11/03/2011)
11/03/2011 243
RESPONSE TO ORDER TO SHOW CAUSE re 238 Order to Show Cause by United States. (Attachments: # 1 Exhibit 1 (Sandia Report), # 2 Exhibit 2 (1996 Integrated Capabilities Assessment of USAMRIID, part 1), # 3 Exhibit 2a (1996 Integrated Capabilities Assessment of USAMRIID, part 2), # 4 Exhibit 3 (1998 Integrated Vulnerability Assessment of Fort Detrick), # 5 Exhibit 4 (IG Report Jan. 2002), # 6 Exhibit 5 (Arrison Depo Excerpts), # 7 Exhibit 6 (Eitzen Depo Excerpts), # 8 Exhibit 7 (Jahrling Depo Excerpts), # 9 Exhibit 8 (Salerno Depo Excerpts), # 10 Exhibit 9 (Wade Declaration), # 11 Exhibit 10 (Wade Depo Excerpts), # 12 Exhibit 11 (Wade Supplemental Declaration), # 13 Exhibit 12 (IG Report Nov. 2001), # 14 Exhibit 13 (IG Consolidated Recommendations))(Boling, Kathryn) (Entered: 11/03/2011)
11/09/2011 244
ORDER granting 236 Motion to Stay Deadlines pending finalization of Settlement. If Notice of Settlement is not filed by 11/30/11, parties must request a status conference. Signed by Judge Daniel T. K. Hurley on 11/9/11. (lr) (Entered: 11/09/2011)
11/09/2011 245
ORDER denying as moot 155 Motion to Dismiss for Lack of Jurisdiction; 165 Sealed Motion; 172 Motion for Summary Judgment; 173 Motion to Dismiss for Lack of Jurisdiction; 173 Motion for Summary Judgment; 200 Motion in Limine; 225 Motion for Leave to File; 226 Motion in Limine; 227 Sealed Motion; 229 Motion to Amend/Correct; 230 Motion for Leave to File; 231 Motion in Limine; 234 Sealed Motion; 239 Sealed Motion. Signed by Judge Daniel T. K. Hurley on 11/9/11. (lr) (Entered: 11/09/2011)
11/14/2011 246
ORDER directing compliance with 10/20/11 order within 5 days. Signed by Judge Daniel T. K. Hurley on 11/14/2011. (lr) (Entered: 11/14/2011)
11/14/2011 247
NOTICE of Compliance With October 20, 2011, Order by United States re 246 Order (Boling, Kathryn) (Entered: 11/14/2011)
11/14/2011 248
Unopposed MOTION to Redact 228 Transcript,, by United States. (Attachments: # 1 Text of Proposed Order)(Brown, Jacqueline) (Entered: 11/14/2011)
11/28/2011 249
NOTICE of Settlement by United States (Boling, Kathryn) (Entered: 11/28/2011)
11/30/2011 250
STIPULATION of Dismissal With Prejudice by Maureen Stevens (Attachments: # 1 Text of Proposed Order)(Schuler, Richard) (Entered: 11/30/2011)
12/01/2011 251
ORDER granting 248 Motion to Redact 228 portions of transcript of proceedings from 10/12/11 status conference. Signed by Judge Daniel T. K. Hurley on 12/1/11. (lr) (Entered: 12/01/2011)
12/01/2011 252
ORDER OF FINAL DISMISSAL WITH PREJUDICE & CLOSE-OUT. Signed by Judge Daniel T. K. Hurley on 12/1/11. (lr) (Entered: 12/01/2011)

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