Wiley v. Kennedy et al
| West Virginia Southern District Court | |
| Judge: | Irene C Berger |
| Case #: | 2:25-cv-00227 |
| Nature of Suit | 899 Other Statutes - Administrative Procedure Act/Review or Appeal of Agency Decision |
| Cause | 05:702 Administrative Procedure Act |
| Case Filed: | Apr 07, 2025 |
| Last checked: Thursday May 22, 2025 5:53 AM EDT |
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Defendant
Robert F. Kennedy, Jr.
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Represented By
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Defendant
U.S. Department of Health and Human Services
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Represented By
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Plaintiff
Harry Wiley
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Represented By
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| Docket last updated: 11 hours ago |
| Monday, June 02, 2025 | ||
| 44 | 44
notice
Notice (Other)
Mon 06/02 3:46 PM
NOTICE Defendants' Certification Pursuant to the Preliminary Injunction Entered on May 13, 2025, Order (ECF No. 36) by Robert F. Kennedy, Jr, U.S. Department of Health and Human Services re:36 Order on Motion / Application / Petition for Preliminary Injunction,,(Westfall, Fred) |
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Att: 1
Exhibit 1
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| 43 | 43
motion
Miscellaneous Relief
Mon 06/02 2:08 PM
MOTION by Robert F. Kennedy, Jr, U.S. Department of Health and Human Services to Allow Reply in Support of Defendants' Motion to Dismiss (ECF No. 41) to be Filed Out of Time and Defendants' Response to Plaintiff's Motion for Leave to File Sur-Reply to Defendants' Reply in Support of Defendants' Motion to Dismiss (ECF No. 42) re:41 Reply to Response,42 MOTION by Harry Wiley for Leave to File Sur-Reply to41 Reply to Response (Westfall, Fred) |
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| Friday, May 30, 2025 | ||
| 42 | 42
motion
Leave to File Document
Fri 05/30 4:13 PM
MOTION by Harry Wiley for Leave to File Sur-Reply(Becher, J.) |
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Att: 1
Exhibit Proposed Sur-Reply
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| Friday, May 23, 2025 | ||
| 41 | 41
respm
Reply To Response
Fri 05/23 1:43 PM
REPLY by Robert F. Kennedy, Jr, U.S. Department of Health and Human Services to37 Response In Opposition.(Westfall, Fred) |
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Att: 1
Exhibit 1
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| Monday, May 19, 2025 | ||
| 40 | 40
notice
Notice (Other)
Mon 05/19 12:07 PM
NOTICE REGARDING REDACTIONS TO HEARING TRANSCRIPT by Harry Wiley re:35 Transcript - Miscellaneous,, (Petsonk, Samuel) |
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| 39 | 39
order
Judge Berger's Order and Notice
Mon 05/19 10:25 AM
ORDER AND NOTICE: Motions under FR Civ P 12(b) - 6/2/2025. Last day for Rule 26(f) meeting - 6/9/2025. Last day to file Report of Parties' Planning Meeting and Scheduling Order Worksheet - 6/16/2025. Scheduling Conference at 11:30 AM in Charleston, West Virginia on 7/2/2025, before the undersigned, unless cancelled. Entry of Scheduling Order - 7/9/2025. Last day to serve FR Civ P 26(a)(1) initial disclosures pre-discovery - 7/16/2025. Signed by Judge Irene C. Berger on 5/19/2025. (cc: counsel of record; any unrepresented party) (mfo) |
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| Thursday, May 15, 2025 | ||
| 38 | 38
respm
Response In Support
Thu 05/15 9:05 PM
RESPONSE by Harry Wiley in support of17 MOTION by Robert F. Kennedy, Jr., U.S. Department of Health and Human Services to Dismiss Demand for a Jury Trial re:10 Amended Complaint. (Pomponio, Bren) |
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| 37 | 37
respm
Response In Opposition
Thu 05/15 9:04 PM
RESPONSE by Harry Wiley in opposition to14 MOTION by Robert F. Kennedy, Jr., U.S. Department of Health and Human Services to Dismiss10 Amended Complaint(Pomponio, Bren) |
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Att: 1
Exhibit Ex. A
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| Tuesday, May 13, 2025 | ||
| 36 | 36
31
pgs
order
Order on Motion / Application / Petition for Preliminary Injunction
Tue 05/13 2:49 PM
MEMORANDUM OPINION AND ORDER granting7 MOTION by Harry Wiley for Preliminary Injunction; directing that the RIFs be enjoined and rescinded to facilitate the full restoration of the NIOSH Respiratory Health Division including health surveillance and that there be no gap in the protections and services mandated by Congress; Defendant is directed to submit a written certification of compliance within 20 days of the entry of this Order; the security required by Federal Rule of Civil Procedure 65(c) is set at ZERO, as set forth more fully herein. Signed by Judge Irene C. Berger on 5/13/2025. (cc: counsel of record; any unrepresented party) (kew) |
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| Monday, May 12, 2025 | ||
| 35 | 35
misc
Transcript - Miscellaneous (Do Not Use for Social Security)
Mon 05/12 8:24 AM
TRANSCRIPT OF PROCEEDINGS of Preliminary Injunction Hearing held on May 7, 2025, before Judge Irene C. Berger. Court Reporter Lisa Cook, Telephone number 304-347-3198. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Redact due 5/22/2025. Redaction Request due 6/2/2025. Redacted Transcript Deadline set for 6/12/2025. Release of Transcript Restriction set for 8/11/2025. (lac) |
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| Thursday, May 08, 2025 | ||
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misc
Notice Of Docket Correction
Thu 05/08 2:30 PM
NOTICE OF DOCKET CORRECTION re:33 EXHIBIT LIST and EXHIBITS by Robert F. Kennedy, Jr., U.S. Department of Health and Human Services, Harry Wiley Re: Preliminary Injunction Hearing held 5/7/2025. ERROR: Exhibit P-5 inadvertently omitted from the entry. CORRECTION: Exhibit P-5 added as an attachment. (cbo) |
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| Wednesday, May 07, 2025 | ||
| 34 | 34
trial
Exhibit List
Wed 05/07 5:13 PM
EXHIBIT LIST by Harry Wiley Re: Preliminary Injunction Hearing held 5/7/2025.. (tmr) |
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Att: 1
Exhibit P-3,
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Att: 2
Exhibit P-3 continued,
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Att: 3
Exhibit P-3 continued,
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Att: 4
Exhibit P-3 continued,
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Att: 5
Exhibit P-3 continued,
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Att: 6
Exhibit P-3 continued,
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Att: 7
Exhibit P-3 continued,
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Att: 8
Exhibit P-3 continued,
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Att: 9
Exhibit P-3 continued,
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Att: 10
Exhibit P-3 continued,
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Att: 11
Exhibit P-3 continued
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| 33 | 33
trial
Exhibit List
Wed 05/07 5:02 PM
EXHIBIT LIST by Robert F. Kennedy, Jr., U.S. Department of Health and Human Services, Harry Wiley Re: Preliminary Injunction Hearing held 5/7/2025.. (tmr) |
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Att: 1
Exhibit D-12,
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Att: 2
Exhibit D-13,
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Att: 3
Exhibit P-2,
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Att: 4
Exhibit P-4,
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Att: 5
Exhibit P-6,
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Att: 6
Exhibit P-7
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| 32 | 32
redact
Sealed Materials Pursuant To Court Order - SEALED - (Public Docket Entry; NEF; No Document Access)
Wed 05/07 4:55 PM
SEALED MATERIALS filed by Plaintiff and Defendant's pursuant to #31 Court Order: Exhibits. (tmr) |
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Att: 1
Exhibit P-1,
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Att: 2
Exhibit D-1,
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Att: 3
Exhibit D-2,
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Att: 4
Exhibit D-3,
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Att: 5
Exhibit D-4,
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Att: 6
Exhibit D-5,
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Att: 7
Exhibit D-6,
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Att: 8
Exhibit D-7,
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Att: 9
Exhibit D-8,
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Att: 10
Exhibit D-9,
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Att: 11
Exhibit D-10,
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Att: 12
Exhibit D-11
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| 31 | 31
1
pgs
order
Order
Wed 05/07 4:44 PM
ORDER Directing that Plaintiff Exhibit 1, and Defendant's Exhibits 1-11, introduced at the preliminary injunction hearing held 5/7/2025, be filed under seal. Signed by Judge Irene C. Berger on 5/7/2025. (cc: Counsel of record; any unrepresented party) (tmr) |
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| 30 | 30
trial
Witness List
Wed 05/07 4:41 PM
WITNESS LIST by Harry Wiley Re: Motion Hearing held 5/7/2025. (tmr) |
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| 29 | 29
redact
Sealed Materials Pursuant To Court Order - SEALED - (Public Docket Entry; NEF; No Document Access)
Wed 05/07 4:10 PM
*SEALED* ATTACHMENTS A-K by Robert F. Kennedy, Jr, U.S. Department of Health and Human Services in support of14 MOTION by Robert F. Kennedy, Jr., U.S. Department of Health and Human Services to Dismiss10 Amended Complaint. (sealed pursuant to the #28 order) (kew) |
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| 28 | 28
1
pgs
order
Order on Motion / Application / Petition to Seal Order on Motion / Application / Petition for Miscellaneous Relief
Wed 05/07 4:08 PM
ORDER granting15 and20 MOTION by Robert F. Kennedy, Jr., U.S. Department of Health and Human Services to Seal Attachments A through K to Exhibit 1; directing that Exhibits A-K (Document 15-1) be maintained UNDER SEAL. Signed by Judge Irene C. Berger on 5/7/2025. (cc: counsel of record; any unrepresented party) (kew) |
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| 27 | 27
minutes
Motion Hearing
Wed 05/07 1:18 PM
MOTION HEARING held by Judge Irene C. Berger on 5/7/2025 re:7 MOTION by Harry Wiley for Preliminary Injunction; Court Reporter: Lisa Cook. (kkt) |
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| Tuesday, May 06, 2025 | ||
| 26 | 26
3
pgs
order
Order on Motion / Application / Petition to Quash
Tue 05/06 4:40 PM
ORDER granting23 MOTION by Robert F. Kennedy, Jr., U.S. Department of Health and Human Services to Quash Subpoena Duces Tecum Issued for David Weissman, M.D.; directing that the subpoena duces tecum is QUASHED. Signed by Judge Irene C. Berger on 5/6/2025. (cc: counsel of record; any unrepresented party) (kew) |
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| 25 | 25
respm
Reply To Response
Tue 05/06 3:55 PM
REPLY by Harry Wiley to22 Memorandum of Law in Opposition.(Pomponio, Bren) |
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Att: 1
Exhibit A,
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Att: 2
Exhibit B,
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Att: 3
Exhibit C
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| 24 | 24
9
pgs
respm
Memorandum In Support
Tue 05/06 2:14 PM
MEMORANDUM by Robert F. Kennedy, Jr., U.S. Department of Health and Human Services in support of23 MOTION by Robert F. Kennedy, Jr., U.S. Department of Health and Human Services to Quash Subpoena Duces Tecum Issued for David Weissman, M.D. (Westfall, Fred) |
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| 23 | 23
motion
Quash
Tue 05/06 2:13 PM
MOTION by Robert F. Kennedy, Jr., U.S. Department of Health and Human Services to Quash Subpoena Duces Tecum Issued for David Weissman, M.D.(Westfall, Fred) |
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Att: 1
Exhibit 1,
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Att: 2
Exhibit 2
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| 22 | 22
30+
pgs
respm
Memorandum In Support
Tue 05/06 10:55 AM
MEMORANDUM OF LAW by Robert F. Kennedy, Jr., U.S. Department of Health and Human Services in support of14 MOTION by Robert F. Kennedy, Jr., U.S. Department of Health and Human Services to Dismiss10 Amended Complaint and in opposition to7 MOTION by Harry Wiley for Preliminary Injunction. (kew) |
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| 21 | 21
1
pgs
order
Order on Motion / Application / Petition to Exceed Page Limit
Tue 05/06 10:51 AM
ORDER granting16 MOTION by Robert F. Kennedy, Jr., U.S. Department of Health and Human Services to Exceed Page Limit for Memorandum of Law in Support of Motion to Dismiss and Response in Opposition to Motion for Preliminary Injunction; directing the memorandum in support be FILED. Signed by Judge Irene C. Berger on 5/6/2025. (cc: counsel of record; any unrepresented party) (kew) |
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| Thursday, May 01, 2025 | ||
| 20 | 20
motion
Miscellaneous Relief
Thu 05/01 4:02 PM
MOTION by Robert F. Kennedy, Jr., U.S. Department of Health and Human Services to Seal Attachments A through K. to Exhibit 1 to14 Motion to Dismiss; filed pursuant to the 29 Order. (kew) |
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| 19 | 19
1
pgs
order
Order
Thu 05/01 3:57 PM
ORDER directing the15 MOTION by Robert F. Kennedy, Jr., U.S. Department of Health and Human Services to Seal Attachments A through K. to Exhibit 1 to14 Motion to Dismiss be filed on the public docket; the exhibits attached to the motion are to remain under seal pending further order of the Court. Signed by Judge Irene C. Berger on 5/1/2025. (cc: counsel of record; any unrepresented party) (kew) |
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| 18 | 18
5
pgs
respm
Memorandum In Support
Thu 05/01 2:45 PM
MEMORANDUM OF LAW by Robert F. Kennedy, Jr., U.S. Department of Health and Human Services in support of17 MOTION by Robert F. Kennedy, Jr., U.S. Department of Health and Human Services to Dismiss Demand for a Jury Trial re:10 Amended Complaint. (Westfall, Fred) |
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| 17 | 17
motion
Miscellaneous Relief
Thu 05/01 2:44 PM
MOTION by Robert F. Kennedy, Jr., U.S. Department of Health and Human Services to Dismiss Demand for a Jury Trial re:10 Amended Complaint. (Westfall, Fred) |
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| 16 | 16
motion
Exceed Page Limit (Do not use for Motion for Leave to File)
Thu 05/01 2:42 PM
MOTION by Robert F. Kennedy, Jr., U.S. Department of Health and Human Services to Exceed Page Limit for Memorandum of Law in Support of Motion to Dismiss and Response in Opposition to Motion for Preliminary Injunction with proposed document attached (Attachment: #1 Proposed Memorandum of Law)(Westfall, Fred) |
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| 15 | 15
motion
Motion To Seal - General - SEALED (Public Docket Entry ; Sends NEF ; No Document Access)
Thu 05/01 2:39 PM
MOTION by Robert F. Kennedy, Jr., U.S. Department of Health and Human Services to Seal Attachments A through K. to Exhibit 1 to14 Motion to Dismiss. (Attachment: #1 Attachments A through K) (Westfall, Fred) (Modified on 5/1/2025 to add link to #14 motion) (kew) |
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| 14 | 14
motion
Dismiss
Thu 05/01 2:35 PM
MOTION by Robert F. Kennedy, Jr., U.S. Department of Health and Human Services to Dismiss10 Amended Complaint. (Attachment: #1 Exhibit 1)(Westfall, Fred) |
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| Monday, April 28, 2025 | ||
| 13 | 13
notice
Notice Of Appearance
Mon 04/28 8:14 AM
NOTICE OF APPEARANCE by J. Michael Becher on behalf of Harry Wiley. (Becher, J.) |
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| Friday, April 25, 2025 | ||
| 12 | 12
notice
Notice (Other)
Fri 04/25 11:25 AM
NOTICE of Scheduling Conflict by Robert F. Kennedy, Jr, U.S. Department of Health and Human Services re:9 Order,,, Set Motion and R&R Deadlines/Hearings,, (Westfall, Fred) |
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| 11 | 11
notice
Notice Of Appearance
Fri 04/25 10:55 AM
NOTICE OF APPEARANCE by Fred B. Westfall, Jr on behalf of Robert F. Kennedy, Jr, U.S. Department of Health and Human Services. (Westfall, Fred) |
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| Tuesday, April 22, 2025 | ||
| 9 | 9
2
pgs
order
Order ~Util - Set/Reset Motion And R&R Deadlines/Hearings
Tue 04/22 9:44 AM
ORDER directing that the Defendants file a response to Plantiff's7 MOTION for Preliminary Injunction no later than 5/1/2025 and that the parties appear for a hearing in this matter on 5/7/2025 at 10:00 AM in Charleston before Judge Irene C. Berger; further directing that lead counsel and any unrepresented parties appear fully prepared to discuss the motion and present any evidence they wish the Court to consider; further directing the Plaintiff to ensure that the Defendants are promptly served with copies of the motion, memorandum, supporting exhibits, and this Order. Signed by Judge Irene C. Berger on 4/22/2025. (cc: counsel of record; any unrepresented party) (jsa) |
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| Monday, April 21, 2025 | ||
| 10 | 10
cmp
Complaint - Amended
Tue 04/22 10:32 AM
AMENDED COMPLAINT with Jury Demand by Harry Wiley against Robert F. Kennedy, Jr., U.S. Department of Health and Human Services. (kew) |
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Att: 1
Verified Statement of Anthony Scott Laney,
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Att: 2
Verified Statement of Harry Wiley
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| 8 | 8
21
pgs
respm
Memorandum In Support
Mon 04/21 12:39 PM
MEMORANDUM OF LAW by Harry Wiley in support of7 MOTION by Harry Wiley for Preliminary Injunction (Petsonk, Samuel) |
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| 7 | 7
motion
Preliminary Injunction
Mon 04/21 12:37 PM
MOTION by Harry Wiley for Preliminary Injunction(Petsonk, Samuel) |
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Att: 1
Exhibit Ex. A - Verified Statement of Anthony Scott Laney,
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Att: 2
Exhibit Ex. B - BBC, 4/4/25, "'We'll make mistakes' says RFK as fired US health staff asked to return",
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Att: 3
Exhibit Ex. C - CBS, 4/9/25 "RFK Jr. says he's 'not familiar' with all health program cuts",
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Att: 4
Exhibit Ex. D - Blackley, David, Cara Halldin, Anthony Scott Laney (2018) American Journal of Public Health, "Prevalence of Black Lung Continues to Increase Among U.S. Coal Miners" (summary),
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Att: 5
Exhibit Ex. E - Charleston Gazette, 4/11/25, "'We're going to be burying miners' NIOSH cuts gutting key work in safety research" by Mike Tony,
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Att: 6
Exhibit Ex. F - Verified Statement of Harry Wiley,
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Att: 7
Exhibit Ex. G - Weissman, David "Progressive massive fibrosis: An overview of the recent literature," Pharmacol Ther. 2022 December,
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Att: 8
Exhibit Ex. H - West Virginia Press Association, 4/2/25, "West Virginia Sen. Capito raises alarm over NIOSH cuts threatening coal miner health"
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| 6 | 6
notice
Notice (Other)
Mon 04/21 12:13 PM
NOTICE of Filing Amended Complaint by Harry Wiley re:1 Complaint(Petsonk, Samuel) |
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Att: 1
Exhibit Ex. A - Return Receipts for Attorney General and Civil Process Clerk for Southern District of West Virginia,
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Att: 2
Exhibit Ex. B - Amended Complaint,
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Att: 3
Exhibit Ex. C - Verified Statement of Harry Wiley,
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Att: 4
Exhibit Ex. D - Verified Statement of Anthony Scott Laney
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| 5 | 5
service
Summons Returned Executed By Certified Mail, With Return Receipt Cards
Mon 04/21 12:06 PM
SUMMONS RETURNED EXECUTED BY CERTIFIED MAIL for Robert F. Kennedy, Jr, re:2 Electronic Summons Issued,,. Return Receipt Card signed by General Counsel, DHHS. Robert F. Kennedy, Jr served on 4/14/2025, answer due 5/5/2025. (Petsonk, Samuel) |
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| 4 | 4
service
Summons Returned Executed By Certified Mail, With Return Receipt Cards
Mon 04/21 12:05 PM
SUMMONS RETURNED EXECUTED BY CERTIFIED MAIL for U.S. Department of Health and Human Services, re:2 Electronic Summons Issued,,. Return Receipt Card signed by General Counsel, DHHS. U.S. Department of Health and Human Services served on 4/14/2025, answer due 5/5/2025. (Petsonk, Samuel) |
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| Wednesday, April 09, 2025 | ||
| 3 | 3
order
Mag. Judge Aboulhosn - Judge Berger Administrative Order
Wed 04/09 8:58 AM
ADMINISTRATIVE ORDER FOR ASSIGNMENT AND REFERRAL TO MAGISTRATE JUDGES OF CIVIL ACTIONS ASSIGNED TO JUDGE IRENE C. BERGER ENTERED NOVEMBER 12, 2019. This matter referred to Magistrate Judge Omar J. Aboulhosn for Discovery. (cc: counsel of record; any pro se party) (klc) |
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| Tuesday, April 08, 2025 | ||
| 2 | 2
service
Electronic Summons Issued
Tue 04/08 9:51 AM
ELECTRONIC SUMMONS ISSUED as to Robert F. Kennedy, Jr, U.S. Department of Health and Human Services, re:1 Complaint. Summons returnable 60 days. Instructions to Counsel: This is your electronic summons. Please print as many copies of the Summons and Complaint as are necessary to effectuate service under Fed. R. Civ. P. 4. See Proof of Service page of this Summons form for filing a return of service if required by Fed. R. Civ. P. 4(l). (Attachment: #1 Robert F. Kenned, Jr., summons) (lca) |
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| Monday, April 07, 2025 | ||
| 1 | 1
12
pgs
cmp
Complaint
Tue 04/08 9:47 AM
COMPLAINT with Jury Demand. Filing Fee $405.00. Receipt # CWVSDC-8860820. (lca) |
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Att: 1
Robert F. Kenned, Jr., proposed summons,
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Att: 2
US Department of Health and Human Services proposed summons,
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Att: 3
Civil Cover Sheet
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utility
Case Assigned
Wed 04/09 8:57 AM
CASE assigned to Judge Irene C. Berger. (klc) |
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