WAY et al v. SECRETARY OF HEALTH AND HUMAN SERVICES
Federal Court Proceeding United States Court of Federal Claims, Case No. 1:05-vv-00588-MCW
District Judge Mary Ellen Coster Williams, presiding

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No Logo BAILEY WAY, Petitioner

Toggle Switch Represented by Conway, Homer & Chin-Caplan, PC

Name Phone Fax E-Mail
Space Ronald Craig Homer +1 617 695 1990 +1 617 695 0880 rhomer@ccandh.com
No Logo PHILIP WAY, Petitioner

Toggle Switch Represented by Conway, Homer & Chin-Caplan, PC

Name Phone Fax E-Mail
Space Ronald Craig Homer +1 617 695 1990 +1 617 695 0880 rhomer@ccandh.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 Linda Sara Renzi +1 202 616 4133 linda.renzi@usdoj.gov
Office COFC
Filed 5/31/2005
Jury Demand None
Demand
Nature of Suit 485 - Injury - Hemophilus influenzae
Cause Section 42 U.S.C. § 300 Vaccine Injury Act
Jurisdiction U.S. Government Defendant
Disposition Vaccine - Dismissed by Court
County None
Terminated 2/21/2007
Origin 1
Reopened None
Lead Case None
Related Case
Other Court Case None
Def Custody Status
Flag CLOSED
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Blank 59 Filed: 12/10/2007, Entered: 12/10/2007
JUDGMENT entered, pursuant to Vaccine Rule 11(a), that petitioner is awarded attorneys' fees and costs in the amount of $21,700.00. Mr. Homer may collect $21,700.00 from Mr. Way. (lld)
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    Blank 58 Filed: 12/5/2007, Entered: 12/9/2007 Notice Not to Seek Review
    JOINT NOTICE Not to Seek Review, filed by PHILIP WAY, BAILEY WAY, SECRETARY OF HEALTH AND HUMAN SERVICES re [57] DECISION of Special Master - Fees. (tjk, )
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      Blank 57 Filed: 11/19/2007, Entered: 11/26/2007 DECISION of Special Master - Fees
      DECISION on Attorney's Fees and Costs. Fedex on 11/19/07, tracking number 863456589557. Signed by Special Master John F. Edwards. (Neal, Alonzo)
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        Blank 56 Filed: 11/15/2007, Entered: 11/19/2007 Joint Status Report
        JOINT STATUS REPORT, filed by PHILIP WAY, BAILEY WAY, SECRETARY OF HEALTH AND HUMAN SERVICES. (Neal, Alonzo)
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          Blank 55 Filed: 11/9/2007, Entered: 11/13/2007 Joint Status Report
          JOINT STATUS REPORT, filed by SECRETARY OF HEALTH AND HUMAN SERVICES. Service: 11/09/07.(tjk, )
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            Blank 54 Filed: 11/9/2007, Entered: 11/13/2007 Order
            ORDER: On 11/2/07, respondent attempted to file a joint status report using the Case Management/Electronic Case Filing (CM/ECF) system. However, this case is not designated as an electronic case in the CM/ECF system. Respondent shall file immediately in paper form the joint status report. Signed by Special Master John F. Edwards. (Neal, Alonzo)
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              Blank 53 Filed: 10/26/2007, Entered: 10/30/2007 Description not available
              SCHEDULING ORDER:Joint Status Report due by 11/2/2007, informing the special master about the progress in calculating an appropriate award for attorneys' fees, attorneys' cost and personal expenses as defiled by General Order No.9. Signed by Special Master John F. Edwards. (Neal, Alonzo)
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                Blank -- Filed: 10/26/2007, Entered: 10/26/2007
                Minute Entry for proceedings held before Special Master John F. Edwards: Status Conference held on 10/26/2007. Ronald C. Homer, Esq., represented petitioner. Linda Renzi, Esq., represented respondent. The special master discussed petitioner's application for attorney's fees and costs.(yh)
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                  Blank -- Filed: 10/23/2007, Entered: 10/23/2007
                  ***Attorney Ronald Craig Homer for PHILIP WAY and BAILEY WAY added. (tjk, )
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                    Blank 52 Filed: 9/14/2007, Entered: 9/17/2007 Status Conference Order
                    STATUS CONFERENCE ORDER: Telephonic Status Conference set for 10/26/2007 11:00 AM before Special Master John F. Edwards. Signed by Special Master John F. Edwards. (tjk, )
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                      Blank 51 Filed: 9/11/2007, Entered: 9/12/2007 Terminated:
                      MOTION to Substitute Attorney Ronald C. Homer in place of Pro Se, filed by PHILIP WAY, BAILEY WAY. Service: 9/4/07.Response due by 9/28/2007. (Neal, Alonzo)
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                        Blank 50 Filed: 9/11/2007, Entered: 9/12/2007 Terminated:
                        Petitioner's MOTION for Extension of Time until 9/28/07 to respond to respondent's 8/22/07 oppostion., filed by PHILIP WAY, BAILEY WAY. Service: 8/30/07.Response due by 9/28/2007. (Neal, Alonzo)
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                          Blank 49 Filed: 8/23/2007, Entered: 8/23/2007
                          Remark: Certificate of Service Recieved, on Pro Se Petitioner. (Neal, Alonzo)
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                            Blank 48 Filed: 8/22/2007, Entered: 8/24/2007 Response to Motion
                            RESPONSE to [44] MOTION for Attorney Fees, filed by SECRETARY OF HEALTH AND HUMAN SERVICES. Service: 8/22/07.Reply due by 9/4/2007. (Neal, Alonzo)
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                              Blank 47 Filed: 8/8/2007, Entered: 8/9/2007 Description not available
                              SCHEDULING ORDER: Motion for attorney fees and cost due by 8/22/2007. Signed by Special Master John F. Edwards. (Neal, Alonzo)
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                                Blank 46 Filed: 7/13/2007, Entered: 7/17/2007 Certificate Of Service.
                                CERTIFICATE OF SERVICE, filed by PHILIP WAY, BAILEY WAY re [44] MOTION for Attorney Fees. Service: 7/10/07.(Neal, Alonzo)
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                                  Blank 45 Filed: 7/13/2007, Entered: 7/17/2007 notice of filing
                                  NOTICE OF FILING Exhibit 10 Curriculm Vitae of Dr. David Griesemer, Exhibit 11, Curriculum Vitae of Dr. J. Ben Renfroe. by PHILIP WAY, BAILEY WAY. Service: 7/10/07.(Neal, Alonzo)
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                                    Blank 44 Filed: 7/9/2007, Entered: 7/10/2007 Terminated:
                                    PETITIONER'S FORMER COUNSEL'S MOTION for Attorney Fees, filed by PHILIP WAY, BAILEY WAY. Service: 7/06/07.Response due by 7/23/2007. (tjk, )
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                                      Blank 43 Filed: 5/10/2007, Entered: 5/14/2007 Order
                                      ORDER Petitioner shall file a request for reasonable attorneys' fees, attorneys' cost and personal expenses as defined by General Order No. 9. Petitioner shall substantiate his request for personal expenses as defined by General Order No.9 with copies of receipts or with an affidavit that describes in detail the personal expenses that he incurred. Signed by Special Master John F. Edwards. (Neal, Alonzo)
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                                        Blank 42 Filed: 2/21/2007, Entered: 2/21/2007
                                        JUDGMENT entered, pursuant to Appendix B, Rule 30, that the petition is dismissed. No costs on review. (lld, )
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                                          Blank 41 Filed: 2/21/2007, Entered: 2/21/2007 Court Filing
                                          OPINION and ORDER denying [38] MOTION for Review of [37] DECISION of Special Master filed by PHILIP WAY,. The Clerk is directed to enter judgment. Signed by Judge Mary Ellen Coster Williams. (lld, )
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                                            Blank 40 Filed: 11/15/2006, Entered: 11/19/2006 Response to Motion
                                            RESPONSE to [38] MOTION for Review of [37] DECISION of Special Master , filed by SECRETARY OF HEALTH AND HUMAN SERVICES. Service: 11/15/06. (tjk, )
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                                              Blank 39 Filed: 10/16/2006, Entered: 10/19/2006 Notice Of AssignmentCourt Filing
                                              NOTICE of Assignment to Judge Mary Ellen Coster Williams. (dls )
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                                                Blank 38 Filed: 10/16/2006, Entered: 10/19/2006, Terminated: 2/21/2007 Terminated:
                                                MOTION for Review of [37] DECISION of Special Master , filed by PHILIP WAY. Copy to respondent.Response to Motion for Review due by 11/15/2006. (dls )
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                                                  Blank -- Filed: 10/16/2006, Entered: 10/19/2006 Case Assigned/Reassigned
                                                  Case assigned to Judge Mary Ellen Coster Williams. (dls )
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                                                    Blank 37 Filed: 9/18/2006, Entered: 9/18/2006
                                                    DECISION Signed by Special Master John F. Edwards. (lld, )
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                                                      Blank 36 Filed: 9/12/2006, Entered: 9/14/2006 Terminated:
                                                      MOTION for Extension of Time of 90 days to respond to [35] Order , filed by PHILIP WAY, BAILEY WAY. (tjk, )[Copy to DOJ]
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                                                        Blank 35 Filed: 7/17/2006, Entered: 7/20/2006 Order
                                                        ORDER re The Special Master enlarges Petitioner's time to 9/15/06, within which to file an amended petition and a legally sufficient medical expert's opinion, or, to show cause why the Special Master should not dismiss this case. Signed by Special Master John F. Edwards. (tjk, )
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                                                          Blank 34 Filed: 7/12/2006, Entered: 7/14/2006 Response
                                                          RESPONSE to [33] Order to Show Cause, , filed by PHILIP WAY, BAILEY WAY. Service: 7/10/06. (tjk, )
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                                                            Blank 33 Filed: 6/21/2006, Entered: 6/23/2006 Order to Show Cause
                                                            ORDER TO SHOW CAUSE Petitioner shall file an amended petition and legally sufficient medical expert's opinion due by 7/21/06, or petitioner shall show cause why the special master should not dismiss the petition. The Clerk of the Court shall send Mr. Way a copy of this order to show cause by overnight express delivery. Signed by Special Master John F. Edwards. (tjk, ) Modified on 6/27/2006 (tjk, ).
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                                                              Blank 32 Filed: 6/20/2006, Entered: 6/20/2006
                                                              ORDER granting [31] Motion to Withdraw as Attorney. Attorney Ronald Craig Homer terminated. Petitioner shall proceed pro se. Signed by Special Master John F. Edwards. (tjk, )
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                                                                Blank 31 Filed: 6/16/2006, Entered: 6/20/2006, Terminated: 6/20/2006 Terminated:
                                                                MOTION to Withdraw as Attorney by Ronald Craig Homer , filed by on behalf of PHILIP WAY, BAILEY WAY. Service: 6/13/06.Response due by 7/3/2006. (tjk, )
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                                                                  Blank -- Filed: 6/9/2006, Entered: 6/20/2006 Set Deadlines/Hearings:
                                                                  Set Deadlines/Hearings: (tjk, )
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                                                                    Blank 30 Filed: 5/9/2006, Entered: 5/10/2006 Order
                                                                    ORDER Petitioner shall file an amended petition; and a medical expert's opinion supporting the amended petition.Notice of Compliance due by 6/9/2006. Signed by Special Master John F. Edwards. (mij, )
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                                                                      Blank 29 Filed: 5/8/2006, Entered: 5/10/2006 Terminated:
                                                                      MOTION for Extension of Time until 6/12/2006 to To file Medical Expert's Opinion , filed by PHILIP WAY, BAILEY WAY. Service: 5/5/2006.Response due by 5/22/2006. (mij, )
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                                                                        Blank 28 Filed: 3/15/2006, Entered: 3/17/2006 Description not available
                                                                        SCHEDULING ORDER: The special master enlarges to 5/05/06, petitioner's time within which to file: an amended petition; and a medical expert's opinion supporting the amended petition. Signed by Special Master John F. Edwards. (tjk, )
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                                                                          Blank -- Filed: 3/15/2006, Entered: 6/20/2006 Set Deadlines/Hearings:
                                                                          Set Deadlines/Hearings: (tjk, )
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                                                                            Blank 27 Filed: 3/13/2006, Entered: 3/15/2006 Terminated:
                                                                            MOTION for Extension of Time of sixty-days for submission of a medical expert's opinion filed by PHILIP WAY, BAILEY WAY. Service: 3/09/06. Response due by 3/27/2006. (tjk, )
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                                                                              Blank 26 Filed: 2/14/2006, Entered: 2/15/2006 Order on Motion for Extension of Time to File
                                                                              ORDER granting [25] Motion for Extension of Time to file an amended petition; and a medical Expert Report due by 3/10/2006. Signed by Special Master John F. Edwards. (tjk, )
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                                                                                Blank 25 Filed: 2/13/2006, Entered: 2/15/2006, Terminated: 2/14/2006 Terminated:
                                                                                MOTION for Extension of Time for counsel and the medical expert to discuss the expert's preliminary opinion with petitioner before filing a written opinion and amended petition , filed by PHILIP WAY, BAILEY WAY. Service: 2/08/06. Response due by 2/27/2006. (tjk, )
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                                                                                  Blank 24 Filed: 1/30/2006, Entered: 2/1/2006 Notice Regarding Statutory Requirement
                                                                                  ORDER re: the statutory time period for the special master's issuance of a decision in this case has expired. Petitioner may submit a notice continuing or withdrawing the petition and such notice shall be filed within 30 days. Signed by Special Master John F. Edwards. (tjk, )
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                                                                                    Blank 23 Filed: 1/10/2006, Entered: 1/13/2006 Description not available
                                                                                    SCHEDULING ORDER: The special master enlarges to 2/08/06, petitioner's time within which to file: an amended petition and a medical expert's opinion supporting the amended petition. Signed by Special Master John F. Edwards. (tjk, )
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                                                                                      Blank -- Filed: 1/10/2006, Entered: 1/13/2006 Set Deadlines/Hearings:
                                                                                      Set Deadlines/Hearings: Amended Petition due by 2/8/2006. (tjk, )
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                                                                                        Blank 22 Filed: 1/6/2006, Entered: 1/12/2006 Status Report
                                                                                        STATUS REPORT and MOTION FOR AN ENLARGEMENT OF TIME TO SUBMIT AMENDED PETITION AND MEDICAL EXPERT REPORT filed by PHILIP WAY, BAILEY WAY. Response due by 1/23/06. Service: 1/05/06.(tjk, )
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                                                                                          Blank -- Filed: 1/6/2006, Entered: 1/12/2006 Set Deadlines/Hearings:
                                                                                          Set Deadlines/Hearings: . Response due by 1/23/2006. (tjk, )
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                                                                                            Blank 21 Filed: 11/18/2005, Entered: 11/22/2005 Description not available
                                                                                            SCHEDULING ORDER: The special master enlarges 1/06/06, petitioner's time within which to file an amended petition; and a medical expert's opinion supporting the amended petition. Signed by Special Master John F. Edwards. (tjk, )
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                                                                                              Blank 20 Filed: 11/17/2005, Entered: 11/21/2005 Terminated:
                                                                                              STATUS REPORT and MOTION for Extension of Time until 12/29/05 to to file an amended petition and medical expert report , filed by PHILIP WAY, BAILEY WAY. Service: 11/14/05. Response due by 12/1/2005. (tjk, )
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                                                                                                Blank 19 Filed: 10/12/2005, Entered: 10/18/2005 Description not available
                                                                                                SCHEDULING ORDER: By no later than 11/14/05, petitioner shall file: an amended petition; and a medical expert's opinion supporting the amended petition. Signed by Special Master John F. Edwards. (tjk, )
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                                                                                                  Blank 18 Filed: 10/4/2005, Entered: 10/6/2005 Status Report
                                                                                                  STATUS REPORT by PHILIP WAY, BAILEY WAY. Service: 9/30/05.(tjk, )
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                                                                                                    Blank 17 Filed: 9/13/2005, Entered: 9/15/2005 Status Report/Order
                                                                                                    STATUS REPORT ORDER: Status Report due by 9/30/2005. Signed by Special Master John F. Edwards. (mb2, )
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                                                                                                      Blank 16 Filed: 9/7/2005, Entered: 9/9/2005 Medical Records
                                                                                                      MEDICAL RECORDS [Exhibit(s) #1-9], filed by PHILIP WAY, BAILEY WAY. Service: 8/31/2005.(mb2, )
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                                                                                                        Blank 15 Filed: 8/29/2005, Entered: 9/2/2005 Respondent's Report
                                                                                                        Respondent's Report filed by SECRETARY OF HEALTH AND HUMAN SERVICES.Service: 8/29/05. (tjk, )
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                                                                                                          Blank 14 Filed: 8/3/2005, Entered: 8/8/2005 Order on Motion to Issue Subpoena
                                                                                                          ORDER granting [13] Motion to Issue Subpoena. Petitioner shall expeditiously file all records every provider produces in response to the subpoena. Petitioner shall expeditiously file an affidavit regarding the availability of records whenever a provider does not produce records in response to subpoena. Signed by Special Master John F. Edwards. (tjk, )
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                                                                                                            Blank 13 Filed: 8/2/2005, Entered: 8/8/2005, Terminated: 8/3/2005 Terminated:
                                                                                                            MOTION to Issue Subpoena filed by PHILIP WAY, BAILEY WAY.Service: 7/27/05. Response due by 8/19/2005. (tjk, )
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                                                                                                              Blank 12 Filed: 7/19/2005, Entered: 7/21/2005 Order
                                                                                                              ORDER: No later than 9/02/05, petitioner shall file all outstanding medical, educational and therapeutic records required 42 U.S.C. section 300aa-11(c)(1) & (2) and by Vaccine Rule 2(e). Signed by Special Master John F. Edwards. (tjk, )
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                                                                                                                Blank 11 Filed: 7/18/2005, Entered: 7/20/2005 Status Report
                                                                                                                STATUS REPORT by PHILIP WAY, BAILEY WAY. Service: 7/14/05.(tjk, )
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                                                                                                                  Blank 10 Filed: 6/29/2005, Entered: 7/1/2005 Status Report/Order
                                                                                                                  STATUS REPORT ORDER Status Report due by 7/15/2005 Signed by Special Master John F. Edwards. (tjk, )
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                                                                                                                    Blank 9 Filed: 6/29/2005, Entered: 7/1/2005 Order on Motion for Leave to Proceed in forma paup
                                                                                                                    ORDER granting [2] Motion for Leave to Proceed in forma pauperis Signed by Special Master John F. Edwards. (tjk, )
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                                                                                                                      Blank 8 Filed: 6/28/2005, Entered: 6/30/2005 Notice of Appearance/
                                                                                                                      NOTICE of Appearance by Linda Sara Renzi for SECRETARY OF HEALTH AND HUMAN SERVICES. Service: 6/28/05.(tjk, )
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                                                                                                                        Blank 7 Filed: 6/9/2005, Entered: 6/15/2005 Terminated:
                                                                                                                        Consented MOTION to Substitute Attorney Ronald C. Homer in place of Philip Way, parent of Bailey Way, a minor filed by PHILIP WAY, BAILEY WAY.Service: 6/08/05. (tjk, )
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                                                                                                                          Blank -- Filed: 6/9/2005, Entered: 6/15/2005 Add and Terminate Attorneys
                                                                                                                          ***Attorney Ronald Craig Homer for PHILIP WAY and BAILEY WAY added. (tjk, )
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                                                                                                                            Blank 6 Filed: 6/8/2005, Entered: 6/14/2005 Order
                                                                                                                            ORDER: The Special Master directs the petitioner to complete the Amended Application to Proceed Informa Pauperis and to complete it no later than 7/01/05. Signed by Special Master John F. Edwards. (tjk, )
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                                                                                                                              Blank 5 Filed: 6/8/2005, Entered: 6/14/2005 Order
                                                                                                                              NOTICE re: Advising pro se petitioner to seek legal counsel. Signed by Special Master John F. Edwards. (tjk, )
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                                                                                                                                Blank 4 Filed: 6/8/2005, Entered: 6/14/2005 Order
                                                                                                                                ORDER: Respondent shall file immediately a notice of appearance. Signed by Special Master John F. Edwards. (tjk, )
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                                                                                                                                  Blank 3 Filed: 5/31/2005, Entered: 6/1/2005 Notice Of Assignment
                                                                                                                                  NOTICE of Assignment to Special Master John Edwards. (tjk, )
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                                                                                                                                    Blank 2 Filed: 5/31/2005, Entered: 6/1/2005, Terminated: 6/29/2005 Terminated:
                                                                                                                                    MOTION for Leave to Proceed in forma pauperis filed by PHILIP WAY, BAILEY WAY. (tjk, )
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                                                                                                                                      Blank 1 Filed: 5/31/2005, Entered: 6/1/2005 Petition
                                                                                                                                      PETITION against SECRETARY OF HEALTH AND HUMAN SERVICES (Filing fee $250) , filed by PHILIP WAY, BAILEY WAY.Respondents Report Due by 8/29/2005.(tjk, )
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