Speaker v. U.S. Department of Health and Human Services Centers for Disease Control and Prevention

Federal Civil Lawsuit Georgia Northern District Court, Case No. 1:09-cv-01137
District Judge William S. Duffey, JR, presiding
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District Judge William S. Duffey, JR
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Summary

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Parties
No Logo Andrew Harley Speaker, Plaintiff

Represented by Page Perry LLC

Name Phone Fax E-Mail
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Craig Thomas Jones +1 770 673 0047 +1 770 673 0120 cjones@pageperry.com
v.
No Logo U.S. Department of Health and Human Services Centers for Disease Control and Prevention, Defendant

Represented by United States Department of Justice

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED Neeli Ben-David +1 404 581 6303 neeli.ben-david@usdoj.gov
LEAD ATTORNEY, PRO HAC VICE, ATTORNEY TO BE NOTICED Joshua Edward Gardner +1 202 305 7583 +1 202 307 0972 joshua.e.gardner@usdoj.gov
Attributes
Citation Section 05 U.S.C. § 552
Nature of Suit 360 - Personal Injury: Other
Timeline
  Entries (44) Tab Overlap Calendar Events Tab Overlap Related (0) Tab Overlap Tools Right End
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Legal Document (Payment Possibly Required) 44 Filed: 4/7/2010, Entered: None
NOTICE of Docketing Record on Appeal from USCA re: 31 Notice of Appeal filed by Andrew Harley Speaker. Case Appealed to USCA-11th Circuit. Case Number 09-16154-DD. (pjm) (Entered: 04/08/2010)
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Legal Document (Payment Possibly Required) 43 Filed: 3/30/2010, Entered: None
Certified and Transmitted Record on Appeal to US Court of Appeals re: 31 Notice of Appeal. Case Appealed to USCA-11th Circuit. Case Number 09-16154-DD. (3 Vols of Pldgs and 1 Transcript) (pjm) (Entered: 03/30/2010)
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Legal Document (Payment Possibly Required) 42 Filed: 3/26/2010, Entered: None
FORTHWITH LETTER from USCA re: 31 Notice of Appeal filed by Andrew Harley Speaker. Case Appealed to USCA-11th Circuit. Case Number 09-16154-DD. Appeal Record due by 4/5/2010. (pjm) (Entered: 03/30/2010)
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Legal Document (Payment Possibly Required) 41 Filed: 1/4/2010, Entered: None
USCA Acknowledgment of Certificate of Readiness re: 31 Notice of Appeal filed by Andrew Harley Speaker. Case Appealed to USCA-11th Circuit. Case Number 09-16154-DD. (pjm) (Entered: 01/06/2010)
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Legal Document (Payment Possibly Required) 40 Filed: 12/29/2009, Entered: None
Certified copy of CERTIFICATE OF READINESS transmitted to USCA re: 31 Notice of Appeal. Case Appealed to USCA-11th Circuit. Case Number 09-16154-DD. (pjm) (Entered: 12/29/2009)
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Legal Document (Payment Possibly Required) 39 Filed: 12/29/2009, Entered: None
Costs Taxed in amount of $ 123.25 against Plaintiff. (kt) (Entered: 12/29/2009)
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Legal Document (Payment Possibly Required) 38 Filed: 12/14/2009, Entered: None
USCA Acknowledgment of USCA Appeal Fees re: 31 Notice of Appeal filed by Andrew Harley Speaker. Case Appealed to USCA-11th Circuit. Case Number 09-16154-D. (pjm) (Entered: 12/21/2009)
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Legal Document (Payment Possibly Required) 37 Filed: 12/14/2009, Entered: None
USCA Acknowledgment of 31 Notice of Appeal filed by Andrew Harley Speaker. Case Appealed to USCA-11th Circuit. Case Number 09-16154-D. (pjm) (Entered: 12/21/2009)
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Legal Document (Payment Possibly Required) 36 Filed: 12/14/2009, Entered: None
TRANSCRIPT ORDER FORM (No transcript is required for appeal purposes) re: 31 Notice of Appeal. Certificate of Readiness due on 12/24/2009. (pjm) (Entered: 12/21/2009)
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Legal Document (Payment Possibly Required) 35 Filed: 12/11/2009, Entered: None
BILL OF COSTS by U.S. Department of Health and Human Services Centers for Disease Control and Prevention. (Ben-David, Neeli) (Entered: 12/11/2009)
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Legal Document (Payment Possibly Required) 34 Filed: 12/7/2009, Entered: None
USCA Appeal Fees forwarded to USCA re: 31 Notice of Appeal filed by Andrew Harley Speaker. Case Appealed to USCA-11th Circuit. Case Number 00-00000-00. (pjm) (Entered: 12/07/2009)
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Legal Document (Payment Possibly Required) 33 Filed: 12/7/2009, Entered: None
USCA Appeal Fees received $ 455.00 receipt number GAN100019037 re: 31 Notice of Appeal filed by Andrew Harley Speaker. (pjm) (Entered: 12/07/2009)
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Legal Document (Payment Possibly Required) 32 Filed: 12/7/2009, Entered: None
Transmission of Certified Copy of Notice of Appeal, Judgment, Order and Docket Sheet to US Court of Appeals re: 31 Notice of Appeal. (pjm) (Entered: 12/07/2009)
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Legal Document (Payment Possibly Required) 31 Filed: 12/7/2009, Entered: None
NOTICE OF APPEAL as to 30 Clerk's Judgment by Andrew Harley Speaker. Transcript Order Form due on 12/17/2009 (Jones, Craig) (Entered: 12/07/2009)
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Legal Document (Payment Possibly Required) 30 Filed: 11/23/2009, Entered: None
CLERK'S JUDGMENT in favor of Defendant against Plaintiff. (kt)--Please refer to http://www.ca11.uscourts.gov to obtain an appeals jurisdiction checklist-- (Entered: 11/24/2009)
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Legal Document (Payment Possibly Required) 29 Filed: 11/23/2009, Entered: None Court Filing
ORDER GRANTING 25 Motion to Dismiss Plaintiff's Amended Complaint and, in the alternative, Motion for Partial Summary Judgment. IT IS FURTHER ORDERED that Defendant's 5 Motion for Summary Judgment is DENIED AS MOOT. IT IS FURTHER ORDERED that Defendant's 6 Motion to Stay is DENIED AS MOOT. Signed by Judge William S. Duffey, Jr on 11/23/2009. (kt) (Entered: 11/23/2009)
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Legal Document (Payment Possibly Required) 28 Filed: 10/20/2009, Entered: 10/20/2009 Response to Statement of Material Facts
Response to Statement of Material Facts re 25 MOTION to Dismiss MOTION for Partial Summary Judgment filed by U.S. Department of Health and Human Services Centers for Disease Control and Prevention. (Gardner, Joshua) (Entered: 10/20/2009)
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Legal Document (Payment Possibly Required) 27 Filed: 10/20/2009, Entered: 10/20/2009 Reply to Response to Motion
REPLY to Response to Motion re 25 MOTION to Dismiss MOTION for Partial Summary Judgment filed by U.S. Department of Health and Human Services Centers for Disease Control and Prevention. (Gardner, Joshua) (Entered: 10/20/2009)
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Legal Document (Payment Possibly Required) 26 Filed: 10/5/2009, Entered: 10/5/2009 Statement of Material Facts
Statement of Material Facts re 25 MOTION to Dismiss MOTION for Partial Summary Judgment filed by Andrew Harley Speaker. (Attachments: # 1 Brief)(Jones, Craig) (Entered: 10/05/2009)
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Legal Document (Payment Possibly Required) 25 Filed: 9/17/2009, Entered: 9/17/2009 Motion to Dismiss
MOTION to Dismiss, and in the alternative, MOTION for Partial Summary Judgment with Brief In Support by U.S. Department of Health and Human Services Centers for Disease Control and Prevention. (Attachments: # 1 Statement of Material Facts, # 2 Index of Exhibits, # 3 Exhibit A, # 4 Exhibit B, # 5 Exhibit C, # 6 Exhibit D, # 7 Exhibit E, # 8 Exhibit F, # 9 Exhibit G, # 10 Exhibit H, # 11 Exhibit I, # 12 Exhibit J, # 13 Exhibit K, # 14 Exhibit L, # 15 Exhibit M, # 16 Exhibit N, # 17 Exhibit O, # 18 Exhibit P, # 19 Exhibit Q, # 20 Exhibit R)(kt) --Please refer to http://www.gand.uscourts.gov to obtain the Notice to Respond to Summary Judgment Motion form contained on the Court's website.-- (Entered: 09/17/2009)
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Legal Document (Payment Possibly Required) 24 Filed: 9/17/2009, Entered: 9/17/2009 Motion to Dismiss
DOCUMENT FILED IN ERROR MOTION to Dismiss , And In The Alternative, Motion For Partial Summary Judgment with Brief In Support by U.S. Department of Health and Human Services Centers for Disease Control and Prevention. (Attachments: # 1 Statement of Material Facts, # 2 Index To Appendix, # 3 Appendix Exhibit A, # 4 Appendix Exhibit B, # 5 Appendix Exhibit C, # 6 Appendix Exhibit D, # 7 Appendix Exhibit E, # 8 Appendix Exhibit F, # 9 Appendix Exhibit G, # 10 Appendix Exhibit H, # 11 Appendix Exhibit I, # 12 Appendix Exhibit J, # 13 Appendix Exhibit K, # 14 Appendix Exhibit L, # 15 Appendix Exhibit M, # 16 Appendix Exhibit N, # 17 Appendix Exhibit O, # 18 Appendix Exhibit P, # 19 Appendix Exhibit Q, # 20 Appendix Exhibit R)(Gardner, Joshua) Modified on 9/17/2009 (kt). (Entered: 09/17/2009)
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Legal Document (Payment Possibly Required) 23 Filed: 9/16/2009, Entered: 9/16/2009 Motion for Leave to File Excess Pages
Unopposed MOTION for Leave to File Excess Pages with Brief In Support by U.S. Department of Health and Human Services Centers for Disease Control and Prevention. (Gardner, Joshua) (Entered: 09/16/2009)
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Legal Document (Payment Possibly Required) 22 Filed: 9/8/2009, Entered: 9/9/2009 TranscriptCourt Filing
TRANSCRIPT of Proceedings held on 8/27/09 (Tele Conf) before Judge William S. Duffey, Jr. Court Reporter/Transcriber Nicholas A. Marrone, Telephone number 404-215-1486. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 9/29/2009. Redacted Transcript Deadline set for 10/9/2009. Release of Transcript Restriction set for 12/7/2009. (Attachments: # 1 Notice of Filing Transcript) (pjm) (Entered: 09/09/2009)
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Blank 21 Filed: 8/31/2009, Entered: 8/31/2009 Amended Complaint
First AMENDED COMPLAINT against Andrew Harley Speaker, filed by Andrew Harley Speaker.(Jones, Craig) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions. (Entered: 08/31/2009)
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Legal Document (Payment Possibly Required) 20 Filed: 8/27/2009, Entered: 8/31/2009 Telephone ConferenceCourt Filing
Minute Entry for Telephone Conference held on 8/27/2009 held before Judge William S. Duffey, Jr: Status conf held by the Court. This case is temporarily STAYED pending further order. Pff shall have until 9/16/2009 to amd his complaint. (Court Reporter Nicholas Marrone)(kt) (Entered: 08/31/2009)
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Legal Document (Payment Possibly Required) 19 Filed: 8/10/2009, Entered: 8/10/2009 Reply to Response to Motion
REPLY to Response to Motion re 5 MOTION for Summary Judgment filed by U.S. Department of Health and Human Services Center of Disease Control and Prevention. (Attachments: # 1 Statement of Material Facts Response To Plaintiff's Statement of Material Facts)(Gardner, Joshua) (Entered: 08/10/2009)
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Blank 18 Filed: 8/10/2009, Entered: 8/10/2009 Statement of Material Facts
Statement of Material Facts re 5 MOTION for Summary Judgment Amended filed by U.S. Department of Health and Human Services Center of Disease Control and Prevention. (Gardner, Joshua) (Entered: 08/10/2009)
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Legal Document (Payment Possibly Required) 17 Filed: 8/3/2009, Entered: 8/4/2009 ~Notice (other)
NOTICE of filing DECLARATION of Byron Skinner, with attachments (two CD's) by U.S. Department of Health and Human Services Center of Disease Control and Prevention. (kt) (Entered: 08/04/2009)
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Legal Document (Payment Possibly Required) 16 Filed: 8/3/2009, Entered: 8/4/2009 ~Notice (other)
NOTICE of filing SUPPLEMENTAL DECLARATION OF Glen Nowak by U.S. Department of Health and Human Services Center of Disease Control and Prevention. (kt) (Entered: 08/04/2009)
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Legal Document (Payment Possibly Required) 15 Filed: 8/3/2009, Entered: 8/3/2009 notice of filing
NOTICE Of Filing Original Declarations by U.S. Department of Health and Human Services Center of Disease Control and Prevention (Ben-David, Neeli) (Entered: 08/03/2009)
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Legal Document (Payment Possibly Required) 14 Filed: 8/3/2009, Entered: 8/3/2009 Reply to Response to Motion
REPLY to Response to Motion re 6 MOTION to Stay filed by U.S. Department of Health and Human Services Center of Disease Control and Prevention. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit)(Gardner, Joshua) (Entered: 08/03/2009)
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Legal Document (Payment Possibly Required) 13 Filed: 7/30/2009, Entered: 7/30/2009 Order on Motion for Leave to File Excess PagesCourt Filing
ORDER GRANTING Defendant's 10 Motion for Leave to File Excess Pages. Defendant's reply brief shall be permitted to exceed fifteen pages, PROVIDED that said reply brief shall not exceed twenty-two pages. Signed by Judge William S. Duffey, Jr on 7/29/2009. (kt) (Entered: 07/30/2009)
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Legal Document (Payment Possibly Required) 12 Filed: 7/29/2009, Entered: 7/29/2009 Preliminary Report and Discovery Plan
Joint PRELIMINARY REPORT AND DISCOVERY PLAN filed by Andrew Harley Speaker. (Jones, Craig) (Entered: 07/29/2009)
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Legal Document (Payment Possibly Required) 11 Filed: 7/29/2009, Entered: 7/29/2009 ~Notice (other)
NOTICE by Andrew Harley Speaker re 10 MOTION for Leave to File Excess Pages of Non-Opposition (Jones, Craig) (Entered: 07/29/2009)
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Legal Document (Payment Possibly Required) 10 Filed: 7/27/2009, Entered: 7/27/2009 Motion for Leave to File Excess Pages
MOTION for Leave to File Excess Pages with Brief In Support by U.S. Department of Health and Human Services Center of Disease Control and Prevention. (Gardner, Joshua) (Entered: 07/27/2009)
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Legal Document (Payment Possibly Required) 9 Filed: 7/22/2009, Entered: 7/22/2009 Response to Motion
RESPONSE re 5 MOTION for Summary Judgment With Brief in Opposition to Summary Judgment filed by Andrew Harley Speaker. (Attachments: # 1 Statement of Material Facts In Opposition to Summary Judgment, # 2 Exhibit A - Rule 56(f) Affidavit, # 3 Exhibit B - Affidavit of Andrew Speaker, # 4 Exhibit C - Affidavit of Michael Iseman)(Jones, Craig) (Entered: 07/22/2009)
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Legal Document (Payment Possibly Required) 8 Filed: 7/22/2009, Entered: 7/22/2009 Certificate of Interested Persons
Certificate of Interested Persons by Andrew Harley Speaker. (Jones, Craig) (Entered: 07/22/2009)
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Legal Document (Payment Possibly Required) 7 Filed: 7/16/2009, Entered: 7/16/2009 Response to Motion
RESPONSE re 6 MOTION to Stay Proceedings filed by Andrew Harley Speaker. (Attachments: # 1 Exhibit Rule 56(f) Affidavit)(Jones, Craig) (Entered: 07/16/2009)
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Legal Document (Payment Possibly Required) 6 Filed: 7/2/2009, Entered: 7/2/2009 Motion to Stay
MOTION to Stay with Brief In Support by U.S. Department of Health and Human Services Center of Disease Control and Prevention. (Attachments: # 1 Text of Proposed Order)(Gardner, Joshua) (Entered: 07/02/2009)
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Legal Document (Payment Possibly Required) 5 Filed: 7/2/2009, Entered: 7/2/2009 Motion for Summary Judgment
MOTION for Summary Judgment with Brief In Support by U.S. Department of Health and Human Services Center of Disease Control and Prevention. (Attachments: # 1 Statement of Material Facts, # 2 Appendix, # 3 Exhibit A, # 4 Exhibit B, # 5 Exhibit C, # 6 Errata D, # 7 Exhibit E, # 8 Exhibit F, # 9 Exhibit G, # 10 Exhibit H, # 11 Exhibit I, # 12 Exhibit J, # 13 Exhibit K, # 14 Exhibit L, # 15 Errata M, # 16 Exhibit N, # 17 Exhibit O, # 18 Exhibit P, # 19 Exhibit Q, # 20 Exhibit R)(Gardner, Joshua) --Please refer to http://www.gand.uscourts.gov to obtain the Notice to Respond to Summary Judgment Motion form contained on the Court's website.-- (Entered: 07/02/2009)
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Blank 4 Filed: 6/29/2009, Entered: 6/29/2009 Answer
ANSWER to 1 COMPLAINT by U.S. Department of Health and Human Services Center of Disease Control and Prevention. Discovery ends on 11/27/2009.(Gardner, Joshua) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions. (Entered: 06/29/2009)
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Legal Document (Payment Possibly Required) 3 Filed: 6/4/2009, Entered: 6/5/2009 Application for Admission Pro Hac Vice
APPLICATION for Admission of Joshua E. Gardner Pro Hac Vice by U.S. Department of Health and Human Services Center of Disease Control and Prevention. Fee waived. (Attachments: # 1 Text of Proposed Order)(kt) (Entered: 06/05/2009)
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Legal Document (Payment Possibly Required) 2 Filed: 5/4/2009, Entered: 5/4/2009 Acknowledgment of Service
RETURN OF SERVICE Executed filed by Andrew Harley Speaker. Andrew Harley Speaker served on 5/4/2009, answer due 5/26/2009. (Jones, Craig) Modified on 5/5/2009 (kt). (Entered: 05/04/2009)
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Legal Document (Payment Possibly Required) 1 Filed: 4/28/2009, Entered: 4/29/2009 Complaint
COMPLAINT with Jury Demand filed and summon(s) issued. Consent form to proceed before U.S. Magistrate and pretrial instructions provided. ( Filing fee $ 350 receipt number 11766.), filed by Andrew Harley Speaker. (Attachments: # 1 Summons, # 2 Civil Cover Sheet)(rvb) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions. (Entered: 04/29/2009)
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