BERRY et al v. SECRETARY OF HEALTH AND HUMAN SERVICES
Federal Court Proceeding United States Court of Federal Claims, Case No. 1:03-vv-01506-UNJ

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No Logo BETTY JANE BERRY, Petitioner

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Name Phone Fax E-Mail
Space David R. Risley +1 208 743 1234 +1 208 743 1266 david@rbcox.com
No Logo MARVIN T. BERRY, Petitioner

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Name Phone Fax E-Mail
Space David R. Risley +1 208 743 1234 +1 208 743 1266 david@rbcox.com
v.
United States Department of Health and Human Services United States Department of Health and Human Services, Respondent
Officially listed as "SECRETARY OF HEALTH AND HUMAN SERVICES"

Toggle Switch Represented by United States Department of Justice

Name Phone Fax E-Mail
Space Vincent James Matanoski +1 202 616 4124 +1 202 616 4310 vincent.matanoski@usdoj.gov
Office COFC
Filed 6/18/2003
Jury Demand None
Demand $0
Nature of Suit 483 - Death - Other
Cause Section 42 U.S.C. § 300 Vaccine Injury Act
Jurisdiction U.S. Government Defendant
Disposition Transfer/Remand - Remanded to U.S. Agency
County
Terminated 2/11/2004
Origin 1
Reopened None
Lead Case None
Related Case
Other Court Case None
Def Custody Status
Flag CLOSED
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Blank 14 Filed: 2/11/2004, Entered: 2/18/2004 Order on Motion to Withdraw
ORDER granting [12] Motion to Withdraw Signed by Special Master Margaret Sweeney. (tjk, )
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    Blank 13 Filed: 2/6/2004, Entered: 2/11/2004 ~Notice (other)
    NOTICE of Dismissal by BETTY JANE BERRY, MARVIN T. BERRY. Service: 2/2/04.(jat, )
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      Blank 12 Filed: 2/5/2004, Entered: 2/10/2004, Terminated: 2/11/2004 Terminated:
      MOTION to Withdraw [5] MOTION to Dismiss by SECRETARY OF HEALTH AND HUMAN SERVICES.Service: 2/5/04. Response due by 2/23/2004 (jat, )
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        Blank 11 Filed: 1/21/2004, Entered: 1/30/2004 Scheduling Order
        SCHEDULING ORDER:Petitioner's voluntary dismissal due by 1/23/2004. Signed by Special Master Margaret Sweeney. (tjk, )
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          Blank 10 Filed: 10/10/2003, Entered: 10/27/2003 Order
          ORDER re: A telephone status Conference was held in this case on October 9, 2003. The court directed petitioner's counsel to respond to respondent's Motion to Dismiss. Petitioner's counsel should include a statement in his response indicating whether or not Marvin Berry received a vaccine listed in the Vaccine Table. Petitioner's counsel shall file his response no later than 90 days from the date of this order. Once the court has received the response, the court will rule on the motion. Signed by Special Master Margaret Sweeney. (jmm, )
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            Blank -- Filed: 10/10/2003, Entered: 10/10/2003
            Minute Entry for proceedings held before Special Master Margaret Sweeney : A Status Conference was held on October 9, 2003 at 11:30 am. Mr. Scott Chapman represented petitioner and Mr. Vincent Matanoski represented respondent. (kb1, )
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              Blank 9 Filed: 9/24/2003, Entered: 10/8/2003 Description not available
              STATUS CONFERENCE ORDER: Status Conference set for 10/9/2003 11:30 AM before Special Master Margaret Sweeney. Signed by Special Master Margaret Sweeney. (jmm, )
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                Blank 8 Filed: 9/8/2003, Entered: 9/11/2003 Order
                ORDER re [5] MOTION to Dismiss pursuant to Rule 12(b)(1) filed by SECRETARY OF HEALTH AND HUMAN SERVICES. Petitioner's response to respondent's Motion to Dismiss was due no later than Monday, August 18, 2003. As of the date of this order, petitioner has not filed a response. The court has made several attempts to contact petitioner's counsel to determine whether counsel would be responding to the motion but petitioner's counsel has failed to respond to the court's inquiries. Petitioner's counsel shall contact the court immediately to inform the court of the status of his response to respondent's Motion to Dismiss and set up a status conference to discuss the same. Failure to contact the court may result in the dismissal of the action. Signed by Special Master Margaret Sweeney. (jmm, )
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                  Blank 7 Filed: 7/29/2003, Entered: 8/1/2003 Scheduling Order
                  SCHEDULING ORDER:Pursuant to the status conference, petitioner's counsel shall file a Response to respondent's Motion to Dismiss no later than Monday, 8/18/2003. Respondent's counsel shall file any reply within fourteen (14) days after service of petitioner's response. Signed by Special Master Margaret Sweeney. (jcp, )
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                    Blank -- Filed: 7/28/2003, Entered: 7/28/2003
                    Minute Entry for proceedings held before Special Master Margaret Sweeney : A Status Conference was held on July 28, 2003 at 2:00. Scott Chapman, David Risley's partner, represented petitioner and Vincent Matanoski represented respondent. (als, )
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                      Blank 6 Filed: 7/23/2003, Entered: 7/25/2003 Description not available
                      STATUS CONFERENCE ORDER:A Telephone Status Conference is scheduled for Monday, 7/28/2003 02:00 PM before Special Master Margaret Sweeney. Signed by Special Master Margaret Sweeney. (jcp, )
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                        Blank 5 Filed: 7/3/2003, Entered: 7/17/2003 Terminated:
                        MOTION to Dismiss by SECRETARY OF HEALTH AND HUMAN SERVICES.Service: 7/3/03. Response due by 7/21/2003 (jat, )
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                          Blank 4 Filed: 6/30/2003, Entered: 7/17/2003 Notice of Appearance/
                          NOTICE of Appearance by Vincent James Matanoski for SECRETARY OF HEALTH AND HUMAN SERVICES. Service: 6/30/03.(jat, )
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                            Blank 3 Filed: 6/23/2003, Entered: 6/29/2003 Scheduling Order
                            SCHEDULING ORDER:Respondents Report Due by 9/18/2003. Status Conference shall be held by 08/04/03 before Special Master Margaret Sweeney. Petitioner shall confer with Respondent and then contact the Court by July 23, 2003, to suggest three possible dates and times for the initial conference call. Signed by Special Master Margaret Sweeney. (jmm, )
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                              Blank 2 Filed: 6/18/2003, Entered: 6/19/2003 Case Assigned/Reassigned to Special Master
                              Case Assigned to Special Master Margaret Sweeney. (jmm, )
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                                Blank 1 Filed: 6/18/2003, Entered: 6/19/2003 Petition
                                PETITION against SECRETARY OF HEALTH AND HUMAN SERVICES ( Filing fee $150, Receipt number 057868) [Vaccination date: December 1, 2000], filed by BETTY JANE BERRY, MARVIN T. BERRY.Respondents Report Due by 9/16/2003.(jmm, )
                                  LREF

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