Case: Doe #1 v. Rumsfeld

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

RESPONSE TO ORDER TO SHOW CAUSE by DONALD H. RUMSFELD. (Attachments: # 1 Exhibit A (Second Declaration of Col. Steven Jones)# 2 Exhibit 1 to Second Jones Decl.# 3 Exhibit 2 to Second Jones Decl.# 4 Exhibit 3 to Second Jones Decl.# 5 Exhibit 4 to Second Jones Decl.# 6 Exhibit 5 to Second Jones Decl.# 7 Exhibit 6 to Second Jones Decl.# 8 Exhibit 7 to Second Jones Decl.# 9 Exhibit 8 to Second Jones Decl.# 10 Exhibit 9 to Second Jones Decl.# 11 Exhibit 10 to Second Jones Decl.# 12 Exhibit 11 to Second Jones Decl.# 13 Exhibit 12 to Second Jones Decl.# 14 Exhibit 13 to Second Jones Decl.# 15 Exhibit B (Transcript of Feb. 14, 2005 Hearing))(Tannenbaum, Andrew) (Entered: 02/28/2005)

Memorandum in opposition to motion re 66 Modification of Injunction filed by JOHN DOE, JANE DOE. (Attachments: # 1 Exhibit 1 − Transcript Feb 14 2005# 2 Exhibit 2 − Tri−Fold Brochure# 3 Exhibit Transcript − Jan 14 2004# 4 Exhibit 4 − Product Insert# 5 Exhibit 5 − Congressional Letters# 6 Exhibit 6 − HHS Letter to DoD# 7 Exhibit 7 − Dr. Moreno Declaration)(Zaid, Mark) (Entered: 02/28/2005)