COLON et al v. SECRETARY OF HEALTH AND HUMAN SERVICES
Federal Court Proceeding United States Court of Federal Claims, Case No. 1:04-vv-00044-UNJ

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No Logo JULIANNE L COLON, Petitioner

Toggle Switch Represented by Friedman, Domiano & Smith

Name Phone Fax E-Mail
Space David Robert Grant +1 216 621 0070 +1 216 621 3731 davidgrant@fdslaw.com
No Logo SIERRA KENDALL COLON, Petitioner

Toggle Switch Represented by Friedman, Domiano & Smith

Name Phone Fax E-Mail
Space David Robert Grant +1 216 621 0070 +1 216 621 3731 davidgrant@fdslaw.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 Alexis B Babcock +1 202 616 7678 +1 202 616 4310 alexis.babcock@usdoj.gov
Office COFC
Filed 1/15/2004
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 Vaccine - Dismissed by Special Master
County None
Terminated 2/16/2007
Origin 1
Reopened None
Lead Case None
Related Case
Other Court Case None
Def Custody Status
Flag CLOSED
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Blank 54 Filed: 11/2/2007, Entered: 11/2/2007
JUDGMENT entered, pursuant to Vaccine Rule 11(a), that petitioner is awarded attorneys' fees and costs in the amount of $78,466.21. This award shall be in the form of two checks. The first check shall be in the amount of $1,879.35 and shall be paid to petitioner. The second check shall be in the amount of $76,586.86 and shall be paid to petitioner and petitioner's counsel jointly. (lld)
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    Blank 53 Filed: 9/25/2007, Entered: 9/26/2007 DECISION of Special Master - Fees
    DECISION on Attorney's Fees and Costs. Decision Fedex on 9/25/07, Tracking number 861928278060. Signed by Special Master Richard Abell. (Neal, Alonzo)
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      Blank 52 Filed: 9/21/2007, Entered: 9/25/2007 Terminated:
      Amended MOTION for Attorney Fees, filed by JULIANNE L COLON, SIERRA KENDALL COLON. Service: 9/13/07.Response due by 10/9/2007. (Neal, Alonzo)
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        Blank 51 Filed: 8/15/2007, Entered: 8/17/2007 Terminated:
        MOTION for Attorney Fees, filed by JULIANNE L COLON, SIERRA KENDALL COLON. Service: 8/13/07.Response due by 9/4/2007. (Neal, Alonzo)
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          Blank 50 Filed: 3/30/2007, Entered: 4/5/2007 Order
          ORDER re Attorney Fees and Costs. Petitioner should file a request for attorney fees and costs by 8/15/07. Signed by Special Master Richard Abell. (tjk, )
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            Blank 49 Filed: 2/16/2007, Entered: 2/16/2007
            JUDGMENT entered, pursuant to Vaccine Rule 11(a), that the petition is dismissed. (lld, )
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              Blank 48 Filed: 1/10/2007, Entered: 1/15/2007 DECISION of Special Master
              DECISION Signed by Special Master Richard Abell. (tjk, )
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                Blank 47 Filed: 6/12/2006, Entered: 6/14/2006 Terminated:
                MOTION for Extension of Time to File Surresponse Brief, filed by JULIANNE L COLON, SIERRA KENDALL COLON. Service: 6/08/06.Response due by 6/29/2006. (tjk, )
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                  Blank 46 Filed: 6/12/2006, Entered: 6/14/2006 Order
                  ORDER re Petitioner's surresponse shall be due by 6/23/06. Signed by Special Master Richard Abell. (tjk, )
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                    Blank -- Filed: 6/12/2006, Entered: 6/14/2006 Set Deadlines/Hearings:
                    Set Deadlines/Hearings: Surreplies due by 6/23/2006. (tjk, )
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                      Blank 45 Filed: 5/26/2006, Entered: 5/31/2006 Post-Hearing Brief
                      POST HEARING MEMORANDUM filed by SECRETARY OF HEALTH AND HUMAN SERVICES. Service: 5/26/06.(tjk, )
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                        Blank 44 Filed: 5/19/2006, Entered: 5/23/2006 Notice of Change of Address
                        NOTICE of Change of Address by David Robert Grant. Service: 5/17/06.(tjk, )
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                          Blank 43 Filed: 5/1/2006, Entered: 5/1/2006
                          POST HEARING BRIEF by JULIANNE L COLON, SIERRA KENDALL COLON. Service: 4/27/06.(tjk, )
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                            Blank 41 Filed: 2/22/2006, Entered: 2/22/2006
                            TRANSCRIPT of Proceedings held on January 24, 2006 before Special Master Richard Abell. (dw1)
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                              Blank 42 Filed: 2/21/2006, Entered: 2/23/2006 Expert Report
                              SECOND SUPPLEMENTAL REPORT of Brian Ward, M.D. (Ex. no. I) filed by SECRETARY OF HEALTH AND HUMAN SERVICES. Service: 2/21/06.(tjk, )
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                                Blank 40 Filed: 2/13/2006, Entered: 2/15/2006 notice of filing
                                NOTICE OF FILING [Supplemental Exhibit #32- 2/02/06 post-hearing report and authority of Alan S. Levin, M.D.] by JULIANNE L COLON, SIERRA KENDALL COLON. Service: 2/08/06.(tjk, )
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                                  Blank 39 Filed: 2/9/2006, Entered: 2/13/2006 Scheduling Order
                                  SCHEDULING ORDER: Respondent shall file a response to Petitioner's recent filings within three weeks of this order or thirty days at the outermost. If respondent's filings necessitate further proceedings, petitioner's counsel should inform the court post haste. Signed by Special Master Richard Abell. (tjk, )
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                                    Blank -- Filed: 2/8/2006, Entered: 2/8/2006
                                    Minute Entry for proceedings held before Special Master Laura D. Millman : Telephone Conference held on February 08, 2006. (tlj, )
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                                      Blank -- Filed: 2/8/2006, Entered: 2/8/2006
                                      Set/Reset Transcript Deadlines: Transcript due by 2/27/2006. (vp1, )
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                                        Blank -- Filed: 2/7/2006, Entered: 2/7/2006
                                        Minute Entry for proceedings held before Special Master Richard Abell : Hearing held on January 25 & 25, 2006. (tlj, )
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                                          Blank 38 Filed: 2/3/2006, Entered: 2/7/2006 Scheduling Order
                                          SCHEDULING ORDER: Petitioner shall file any additional documentation concerning the asseverations made by Dr. Levin by the close of business 2/07/06. Petitioner shall file her closing brief by 4/28/06. Respondent shall file her closing brief by 5/26/0. Petitioner may file a surresponse by 6/09/06. Signed by Special Master Richard Abell. (tjk, )
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                                            Blank -- Filed: 2/3/2006, Entered: 2/7/2006 Set/Reset Deadlines:
                                            Set/Reset Deadlines: Defendant Brief due by 5/26/2006.Notice of Compliance due by 2/7/2006.Post Hearing Brief due by 4/28/2006. Surreplies due by 6/9/2006. (tjk, )
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                                              Blank 37 Filed: 1/31/2006, Entered: 2/2/2006 notice of filing
                                              NOTICE OF FILING Exhibits G-H (Slides presented at the evidentiary hearing) by SECRETARY OF HEALTH AND HUMAN SERVICES. Service: 1/31/06.(tjk, )
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                                                Blank 36 Filed: 1/20/2006, Entered: 1/24/2006 Hearing Order
                                                HEARING ORDER: An evidentiary hearing has been scheduled for 1/24/06 and 1/25/06 at 9:00 am (local time) at the United States District Court, 114 U.S. Courthouse, 1716 Spielbusch Ave, Toledo, OH 43624-1347. Hearing is before Special Master Richard Abell. Signed by Special Master Richard Abell. (tjk, )
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                                                  Blank 35 Filed: 1/3/2006, Entered: 1/10/2006 Prehearing Submissions
                                                  RESPONDENT'S PREHEARING FILING by SECRETARY OF HEALTH AND HUMAN SERVICES. Service: 1/03/06.(tjk, )
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                                                    Blank 34 Filed: 1/3/2006, Entered: 1/10/2006 notice of filing
                                                    NOTICE OF FILING [PETITIONER'S SUPPLEMENTAL EXHIBITS #26-31] by JULIANNE L COLON, SIERRA KENDALL COLON. Service: 12/30/05.(tjk, )
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                                                      Blank 33 Filed: 1/3/2006, Entered: 1/10/2006 Memorandum
                                                      PETITIONER'S ENTITLEMENT PREHEARING MEMORANDUM, filed by JULIANNE L COLON, SIERRA KENDALL COLON. Service: 12/30/05.(tjk, )
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                                                        Blank 32 Filed: 11/29/2005, Entered: 12/1/2005 Prehearing Order
                                                        ENTITLEMENT PREHEARING ORDER: Hearing set for 1/24/2006 and 1/25/06 at 09:00 AM (EST) in Toledo, Ohio before Special Master Richard Abell. Prehearing submissions due by 1/03/06. There will be no posthearing briefs unless at the conclusion of the hearing the Special Master so orders. Signed by Special Master Richard Abell. (tjk, ) Modified on 12/1/2005 (tjk, ).
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                                                          Blank -- Filed: 11/29/2005, Entered: 12/1/2005 Set Deadlines/Hearings:
                                                          Set Deadlines/Hearings: Hearing set for 1/24/2006 09:00 AM in Out of Town Location before Special Master Richard Abell. (tjk, )
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                                                            Blank 31 Filed: 10/12/2005, Entered: 10/17/2005 notice of filing
                                                            NOTICE OF FILING [Supplemental Exhibit #25] by JULIANNE L COLON, SIERRA KENDALL COLON. Service: 10/10/05.(tjk, )
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                                                              Blank 30 Filed: 9/26/2005, Entered: 9/30/2005 Order
                                                              ORDER RE: Pursuant to the hearing held on 9/23/05, the court suggests the following dates for a two-day entitlement hearing in Toledo, Ohio: December 7-8, 13-14, 14-15,; January 10-11, 11-12, 24-25, 25-26. Pre-hearing memos are due three weeks prior to the hearing date. Signed by Special Master Richard Abell. (tjk, )
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                                                                Blank -- Filed: 9/23/2005, Entered: 9/23/2005
                                                                Minute Entry for proceedings held before Special Master Richard Abell : Telephone Conference held on September 23, 2005. (tlj, )
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                                                                  Blank 29 Filed: 9/14/2005, Entered: 9/16/2005 Expert Report
                                                                  EXPERT REPORT of Virginia Anderson (Ex. no. F), filed by SECRETARY OF HEALTH AND HUMAN SERVICES. Service: 9/14/2005.(mb2, )
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                                                                    Blank 28 Filed: 8/30/2005, Entered: 9/5/2005 Description not available
                                                                    STATUS CONFERENCE ORDER: Status Conference reset for 9/23/2005 11:00 AM (EDT) before Special Master Richard Abell. Signed by Special Master Richard Abell. (tjk, )
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                                                                      Blank 27 Filed: 8/19/2005, Entered: 8/23/2005 Expert Report
                                                                      EXPERT REPORT of Kevin E. Bove, M.D. [Exhibit #22], CV [Exhibit #23] and 31 July letter and attached authority of Alan S. Levin, M.D [Exhibit #24] filed by JULIANNE L COLON, SIERRA KENDALL COLON. Service: 8/17/05.(tjk, )
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                                                                        Blank 26 Filed: 7/20/2005, Entered: 7/21/2005 Description not available
                                                                        STATUS CONFERENCE ORDER: Status Conference reset for 8/31/2005 01:00 PM (EDT) before Special Master Richard Abell. The additional expert report of petitioner is due post haste. Respondent shall have 30 days from the filing of the Petitioner's report to submit any supplemental reports in response. Signed by Special Master Richard Abell. (tjk, )
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                                                                          Blank 25 Filed: 6/27/2005, Entered: 6/29/2005 Description not available
                                                                          STATUS CONFERENCE ORDER: Status Conference set for 7/19/2005 01:00 PM (EDT) before Special Master Richard Abell. Signed by Special Master Richard Abell. (tjk, )
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                                                                            Blank 24 Filed: 6/16/2005, Entered: 6/20/2005 Expert Report
                                                                            SUPPLEMENTAL EXPERT REPORT of Dr. Brian Ward (Ex. no. E) filed by SECRETARY OF HEALTH AND HUMAN SERVICES. Service: 6/16/05.(tjk, )
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                                                                              Blank 23 Filed: 6/14/2005, Entered: 6/16/2005 Description not available
                                                                              STATUS CONFERENCE ORDER: Status Conference reset for 7/19/2005 11:00 AM (EDT) before Special Master Richard Abell. Signed by Special Master Richard Abell. (tjk, )
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                                                                                Blank 22 Filed: 6/6/2005, Entered: 6/8/2005 notice of filing
                                                                                SUPPLEMENTAL EXHIBITS #19-21 by JULIANNE L COLON, SIERRA KENDALL COLON. Service: 6/01/05.(tjk, )
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                                                                                  Blank 21 Filed: 5/19/2005, Entered: 5/20/2005 Description not available
                                                                                  STATUS CONFERENCE ORDER: Status Conference set for 6/28/2005 10:30 AM (EST) before Special Master Richard Abell. Signed by Special Master Richard Abell. (tjk, )
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                                                                                    Blank -- Filed: 5/18/2005, Entered: 5/18/2005
                                                                                    Minute Entry for proceedings held before Special Master Richard Abell : Telephone Conference held on May 18, 2005. (tlj, )
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                                                                                      Blank 20 Filed: 5/16/2005, Entered: 5/19/2005 Expert Report
                                                                                      EXPERT REPORTS of Alan S. Levin, M.D. and his curriculum vitae(Ex. no. 16-18) filed by JULIANNE L COLON, SIERRA KENDALL COLON. Service: 5/12/05.(tjk, )
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                                                                                        Blank 19 Filed: 4/29/2005, Entered: 5/2/2005 Expert Report
                                                                                        EXPERT REPORT of Brian Ward, M.D. (Ex. C) and CV of Brian Ward, M.D. (Ex. D) filed by SECRETARY OF HEALTH AND HUMAN SERVICES. Service: 4/29/05.(tjk, )
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                                                                                          Blank 18 Filed: 4/26/2005, Entered: 4/28/2005 Description not available
                                                                                          STATUS CONFERENCE ORDER: Telephonic Status Conference set for 5/18/2005 09:30 AM (EST) before Special Master Richard Abell. Signed by Special Master Richard Abell. (tjk, )
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                                                                                            Blank 17 Filed: 3/31/2005, Entered: 4/4/2005 Respondent's Report
                                                                                            Respondent's Report filed by SECRETARY OF HEALTH AND HUMAN SERVICES.Service: 3/31/05. (tjk, )
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                                                                                              Blank 16 Filed: 3/30/2005, Entered: 4/4/2005 Scheduling Order
                                                                                              SCHEDULING ORDER: Respondent shall file any additional Expert Report due by 4/29/2005. The status conference scheduled for 4/06/05 is cancelled. The court will contact the parties shortly with the aim of rescheduling the status conference. Signed by Special Master Richard Abell. (tjk, )
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                                                                                                Blank 15 Filed: 2/10/2005, Entered: 2/14/2005 Scheduling Order
                                                                                                SCHEDULING ORDER: Respondent shall file a medical expert report along with her Rule 4(b) report by the close of business 3/31/05. Telephonic Status Conference set for 4/6/2005 10:00 AM (EST) before Special Master Richard Abell. Signed by Special Master Richard Abell. (tjk, )
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                                                                                                  Blank 14 Filed: 2/9/2005, Entered: 2/10/2005 notice of filing
                                                                                                  NOTICE OF FILING: SUPPLEMENTAL EXHIBIT #15 by JULIANNE L COLON, SIERRA KENDALL COLON. Service: 02/07/05.(tjk, )
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                                                                                                    Blank 13 Filed: 2/7/2005, Entered: 2/8/2005 Expert Report
                                                                                                    EXPERT REPORT of Dr. Alan S. Levin (Ex. no. 13) and curriculum vitae (Ex. no. 14) filed by JULIANNE L COLON, SIERRA KENDALL COLON. Service: 2/04/05.(tjk, )
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                                                                                                      Blank 12 Filed: 12/7/2004, Entered: 12/8/2004 Scheduling Order
                                                                                                      SCHEDULING ORDER: Petitioner shall file one or more Expert Reports and attendant documentation due by 2/07/05. Telephonic Status Conference set for 2/10/2005 10:00 AM (EST) before Special Master Richard Abell. Signed by Special Master Richard Abell. (tjk, )
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                                                                                                        Blank 11 Filed: 10/20/2004, Entered: 10/22/2004 notice of filing
                                                                                                        Supplemental Exhibit 12 by JULIANNE L COLON, SIERRA KENDALL COLON. Service: 10/18/04.(tjk, )
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                                                                                                          Blank 10 Filed: 10/15/2004, Entered: 10/18/2004 Description not available
                                                                                                          STATUS CONFERENCE ORDER: Status Conference set for 12/6/2004 11:30 PM (EST) before Special Master Richard Abell. Signed by Special Master Richard Abell. (tjk, )
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                                                                                                            Blank -- Filed: 10/7/2004, Entered: 10/7/2004
                                                                                                            Minute Entry for proceedings held before Special Master Richard Abell : Telephone Conference held on October 7, 2004. (tlj, )
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                                                                                                              Blank 9 Filed: 10/1/2004, Entered: 10/4/2004 notice of filing
                                                                                                              NOTICE OF FILING (Supplemental Exhibit(s) #10 and #11) by JULIANNE L COLON, SIERRA KENDALL COLON. Service: 9/29/04.(tjk, )
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                                                                                                                Blank 8 Filed: 8/27/2004, Entered: 8/30/2004 ERRATA
                                                                                                                ERRATA correcting Order issued 8/25/04. The telephonic status conference in this case is scheduled for 10/07/04 at 10:30 AM (EDT)and not 9/07/04.Signed by Special Master Richard Abell. (tjk, )
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                                                                                                                  Blank -- Filed: 8/27/2004, Entered: 8/30/2004 Set Deadlines/Hearings:
                                                                                                                  Set Deadlines/Hearings: Telephonic Status Conference set for 10/7/2004 10:30 AM before Special Master Richard Abell. (tjk, )
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                                                                                                                    Blank 7 Filed: 8/25/2004, Entered: 8/27/2004 Description not available
                                                                                                                    STATUS CONFERENCE ORDER: Status Conference set for 9/7/2004 10:30 AM before Special Master Richard Abell. Signed by Special Master Richard Abell. (tjk, )
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                                                                                                                      Blank -- Filed: 8/24/2004, Entered: 8/24/2004
                                                                                                                      Minute Entry for proceedings held before Special Master Richard Abell : Telephone Conference held on August 24, 2004. (tlj, )
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                                                                                                                        Blank 6 Filed: 8/16/2004, Entered: 8/19/2004 Amended Petition
                                                                                                                        SUPPLEMENTAL PETITION re: [1] Petition filed by JULIANNE L COLON, SIERRA KENDALL COLON. Service: 8/13/04.(tjk, )
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                                                                                                                          Blank -- Filed: 6/29/2004, Entered: 6/29/2004
                                                                                                                          Minute Entry for proceedings held before Special Master Richard Abell : Telephone Conference held on June 28, 2004. (tlj, )
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                                                                                                                            Blank 5 Filed: 6/28/2004, Entered: 6/30/2004 Description not available
                                                                                                                            ORDER re: Memorandum and Medical Expert Qualifications and Legal Standards under the Vaccine Program. Telephonic Status Conference set for 8/24/2004 10:00 AM (EDT) before Special Master Richard Abell. Signed by Special Master Richard Abell. (tjk, )
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                                                                                                                              Blank 4 Filed: 6/15/2004, Entered: 6/16/2004 Description not available
                                                                                                                              STATUS CONFERENCE ORDER:Telephonic Status Conference set for 6/28/2004 10:00 AM (EDT) before Special Master Richard Abell. Signed by Special Master Richard Abell. (tjk, )
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                                                                                                                                Blank 3 Filed: 6/14/2004, Entered: 6/15/2004 Terminated:
                                                                                                                                Consented MOTION to Substitute Attorney David R. Grant in place of Julianne Colon by JULIANNE L COLON, SIERRA KENDALL COLON.Service: 6/09/04. (tjk, ) Modified on 6/15/2004 (tjk, ).
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                                                                                                                                  Blank -- Filed: 6/14/2004, Entered: 6/15/2004 Add and Terminate Attorneys
                                                                                                                                  ***Attorney David Robert Grant for JULIANNE L COLON and SIERRA KENDALL COLON added. (tjk, )
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                                                                                                                                    Blank 2 Filed: 2/9/2004, Entered: 2/12/2004 Notice of Appearance/
                                                                                                                                    NOTICE of Appearance by Alexis Bronwyn Babcock for SECRETARY OF HEALTH AND HUMAN SERVICES. Service: 2/09/04.(tjk, )
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                                                                                                                                      Blank -- Filed: 1/29/2004, Entered: 2/2/2004 Filing Fee Received
                                                                                                                                      Filing fee received re:[1] Petition. $ 150, receipt number 059578. (jat, )
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                                                                                                                                        Blank 1 Filed: 1/15/2004, Entered: 1/20/2004 Petition
                                                                                                                                        PETITION against SECRETARY OF HEALTH AND HUMAN SERVICES (Filing fee $150) , filed by JULIANNE L COLON, SIERRA KENDALL COLON.Respondents Report Due by 4/14/2004.(Fee not received)(tjk, )
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