CLOSED, JURY, TYPE-B

  U.S. District Court
District of Columbia (Washington, DC)
CIVIL DOCKET FOR CASE #: 1:05-cv-01749-TFH


GEIER et al v. DEPARTMENT OF HEALTH AND HUMAN SERVICES et al
Assigned to: Chief Judge Thomas F. Hogan
Demand: $1,000,000
Cause: 28:1331 Fed. Question: Personal Injury

Date Filed: 09/01/2005
Jury Demand: Plaintiff
Nature of Suit: 320 Assault Libel & Slander
Jurisdiction: U.S. Government Defendant
Plaintiff
MARK GEIER
DR.
represented by James A. Moody
THE CULLEN LAW FIRM, P.L.L.C.
1101 30th Street, NW
Suite 300
Washington, DC 20007
(202) 298-4766
Fax: (202) 944-8611
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Joseph Aloysius Hennessey
7315 Wisconsin Avenue
Bethesda, MD 20814
(301) 654-0341
Email: jhennessey@nmhlaw.com
ATTORNEY TO BE NOTICED
Plaintiff
DAVID GEIER represented by James A. Moody
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Joseph Aloysius Hennessey
(See above for address)
ATTORNEY TO BE NOTICED

V.
Defendant
DEPARTMENT OF HEALTH AND HUMAN SERVICES represented by Alan Burch
U.S. ATTORNEY'S OFFICE
555 Fourth Street, NW
Washington, DC 20530
(202) 514-7204
Fax: (202) 514-8780
Email: alan.burch@usdoj.gov
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Defendant
SARAH K. PARKER
DR. - Children's Hospital - Department of Pediatrics
represented by Edward J. Longosz, II
ECKERT, SEAMANS, CHERIN & MELLOTT, LLC
1747 Pennsylvania Avenue, NW
Suite 1200
Washington, DC 20006
(202) 659-6619
Fax: (202) 659-6699
Email: edward.longosz@escm.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Erica H. Perkins
ECKERT SEAMANS CHERIN & MELLOTT, LLC
1747 Pennsylvania Avenue, NW
Suite 1200
Washington, DC 20006
(202) 659-6600
Email: eperkins@eckertseamans.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Patrick T. O'Rourke
MANAGING ASSOCIATE UNIVERSITY COUNSEL
University of Colorado
1380 Lawrence Street
Suite 1325
Denver, CO 80204
US
(303) 556-4339
Fax: (303) 825-7630
ATTORNEY TO BE NOTICED
Defendant
JAMES TODD
DR. - Children's Hospital - Department of Pediatrics
represented by Patrick T. O'Rourke
(See above for address)
ATTORNEY TO BE NOTICED
Defendant
BENJAMIN SCHWARTZ
DR. - National Vaccine Program Office (official & individual)
represented by Alan Burch
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Defendant
LARRY PICKERING
DR. - CDC - NATIONAL IMMUNIZATION PROGRAM (official & individual)
represented by Alan Burch
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Defendant
AMERICAN ACADEMY OF PEDIATRICS
TERMINATED: 03/14/2006
represented by Jay Ward Brown
LEVINE SULLIVAN KOCH & SCHULZ, LLP
1050 Seventeenth Street, NW
Suite 800
Washington, DC 20036
(202) 508-1100
Fax: (202) 861-9888
Email: jbrown@lskslaw.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Adam J. Rappaport
LEVINE SULLIVAN KOCH & SCHULZ, LLP
1050 17th Street, NW
Suite 800
Washington, DC 20036
(202) 508-1100
Email: arappaport@lskslaw.com
ATTORNEY TO BE NOTICED

Date Filed

#

Docket Text

09/01/2005 1 COMPLAINT against LARRY PICKERING, AMERICAN ACADEMY OF PEDIATRICS, DEPARTMENT OF HEALTH AND HUMAN SERVICES, SARAH K. PARKER, JAMES TODD, BENJAMIN SCHWARTZ (Filing fee $ 250) filed by MARK GEIER, DAVID GEIER.(jf, ) (Entered: 09/06/2005)
09/01/2005   SUMMONS (10) Issued as to LARRY PICKERING, AMERICAN ACADEMY OF PEDIATRICS, DEPARTMENT OF HEALTH AND HUMAN SERVICES, SARAH K. PARKER, JAMES TODD, BENJAMIN SCHWARTZ, U.S. Attorney and U.S. Attorney General (jf, ) (Entered: 09/06/2005)
09/22/2005 2 NOTICE of Appearance by Alan Burch on behalf of DEPARTMENT OF HEALTH AND HUMAN SERVICES (Burch, Alan) (Entered: 09/22/2005)
10/27/2005 3 NOTICE of Appearance by Jay Ward Brown on behalf of AMERICAN ACADEMY OF PEDIATRICS (Brown, Jay) (Entered: 10/27/2005)
10/27/2005 4 NOTICE of Appearance by Adam J. Rappaport on behalf of AMERICAN ACADEMY OF PEDIATRICS (Rappaport, Adam) (Entered: 10/27/2005)
10/31/2005 5 MOTION for Extension of Time to File Responsive Pleading by AMERICAN ACADEMY OF PEDIATRICS. (Attachments: # 1 Text of Proposed Order)(Rappaport, Adam) (Entered: 10/31/2005)
11/01/2005 6 NOTICE of Appearance by Edward J. Longosz, II on behalf of SARAH K. PARKER (Longosz, Edward) (Entered: 11/01/2005)
11/01/2005 7 NOTICE of Appearance by Erica H. Perkins on behalf of SARAH K. PARKER (Perkins, Erica) (Entered: 11/01/2005)
11/01/2005 8 MOTION to Dismiss for Lack of Jurisdiction by SARAH K. PARKER. (Attachments: # 1 Text of Proposed Order)(Longosz, Edward) (Entered: 11/01/2005)
11/01/2005 9 MEMORANDUM re 8 MOTION to Dismiss for Lack of Jurisdiction filed by SARAH K. PARKER, by SARAH K. PARKER. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Exhibit D# 5 Exhibit E)(Longosz, Edward) (Entered: 11/01/2005)
11/14/2005 10 MOTION to Dismiss & Supporting Memorandum by LARRY PICKERING, DEPARTMENT OF HEALTH AND HUMAN SERVICES, BENJAMIN SCHWARTZ. (Attachments: # 1 Exhibit Dec. of Pickering# 2 Exhibit Dec. of Schwartz# 3 Exhibit Pediatrics article# 4 Exhibit Pediatrics correction# 5 Exhibit Weiss order)(Burch, Alan) (Entered: 11/14/2005)
11/18/2005   Case Reassigned to Judge Thomas F. Hogan. Judge Richard W. Roberts no longer assigned to the case. (jf, ) (Entered: 11/21/2005)
11/28/2005 11 Consent MOTION for Extension of Time to File Response/Reply to 10 Motion to Dismiss for Lack of Personal Jurisdiction by MARK GEIER, DAVID GEIER. (Hennessey, Joseph) Modified on 11/29/2005 (lc, ). (Entered: 11/28/2005)
11/28/2005 12 Consent MOTION for Extension of Time to Allow American Academy of Pediatrics to File an Answer to the 1 Complaint by MARK GEIER, DAVID GEIER. (Hennessey, Joseph) Modified on 11/29/2005 (lc, ). (Entered: 11/28/2005)
11/29/2005 13 Consent MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Patrick Terrence O'Rourke. :Address- 1380 Lawrence Street, Suite 1325, Denver, CO 80204. Phone No. - 303-556-4339. Fax No. - 303-825-7630 by SARAH K. PARKER. (Attachments: # 1 Affidavit Declaration of Patrick Terrence O'Rourke# 2 Text of Proposed Order)(Perkins, Erica) (Entered: 11/29/2005)
11/30/2005 14 Second MOTION for Extension of Time to File Opposition to Todd/Parker 8 Motion to Dismiss on December 12, 2005 (by Consent); Plaintiffs' Consent to Todd and Parker Filing Reply to Opposition on January 10, 2006 by MARK GEIER, DAVID GEIER. (Hennessey, Joseph) Modified on 12/1/2005 (lc, ). (Entered: 11/30/2005)
11/30/2005 15 Consent MOTION for Extension of Time to File Opposition to Federal Defendants' 10 Motion to Dismiss on December 21, 2006; Plaintiffs' Consent for Federal Defendants to File Reply to Plaintiffs' Opposition on January 11, 2006 by MARK GEIER, DAVID GEIER. (Hennessey, Joseph) Modified on 12/1/2005 (lc, ). (Entered: 11/30/2005)
12/01/2005 16 LCvR 7.1 - CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by AMERICAN ACADEMY OF PEDIATRICS (Brown, Jay) (Entered: 12/01/2005)
12/01/2005 17 MOTION to Dismiss and/or for Summary Judgment by AMERICAN ACADEMY OF PEDIATRICS. (Attachments: # 1 Exhibit 1# 2 Exhibit 2# 3 Exhibit Declaration of Roger F. Suchyta, M.D.# 4 Statement of Facts # 5 Text of Proposed Order)(Brown, Jay) (Entered: 12/01/2005)
12/01/2005 18 MOTION for Summary Judgment by AMERICAN ACADEMY OF PEDIATRICS (see docket entry #17 for document images). (lc, ) (Entered: 12/02/2005)
12/05/2005 19 Consent MOTION for Extension of Time to Hold Party Conference by AMERICAN ACADEMY OF PEDIATRICS. (Attachments: # 1 Text of Proposed Order)(Brown, Jay) (Entered: 12/05/2005)
12/05/2005 20 ORDER granting [#13] Motion for Leave to Appear Pro Hac Vice , Signed by Chief Judge Thomas F. Hogan on 12/1/05. (hs,) (Entered: 12/05/2005)
12/05/2005 21 ORDER granting [#14] Motion for Extension of Time to , Signed by Chief Judge Thomas F. Hogan on 12/1/05. (hs,) (Entered: 12/05/2005)
12/07/2005 22 Consent MOTION for Extension of Time to File Opposition to American Academy of Pediatric's Motion to Dismiss/Motion for Summary Judgment until January 12, 2006; Consent to American Academy of Pediatrics filing its Reply to Plaintiffs' Opposition on February 10, 2006 by MARK GEIER, DAVID GEIER. (Hennessey, Joseph) (Entered: 12/07/2005)
12/12/2005 23 Memorandum in opposition to re 8 Parker and Todd Motion to Dismiss for Lack of Personal Jurisdiction filed by MARK GEIER, DAVID GEIER. (Attachments: # 1 Exhibit 1# 2 Exhibit 2# 3 Exhibit 3# 4 Exhibit 4# 5 Exhibit 5)(Hennessey, Joseph) (Entered: 12/13/2005)
12/15/2005   MINUTE ORDER granting 22 Plaintiff's Consent Motion to Extend Until January 12, 2006 the Filing of Plaintiffs' Opposition to American Academy of Pediatrics Motion to Dismiss/Motion for Summary Judgment and Plaintiffs' Consent to American Academy of Pediatrics Filing Its Reply to Plaintiffs' Opposition on February 10, 2006. Signed by Chief Judge Thomas F. Hogan on December 15, 2005.(lctfh2) (Entered: 12/15/2005)
12/16/2005   MINUTE ORDER granting 5-1 Motion for Extension of Time to File Responsive Pleading, granting 11 Plaintiffs' Unopposed Motion to Extend Time for the Filing of a Reply to Defendant Parker and Todd's Motion to Dismiss for Lack of Personal Jurisdiction, granting 12 Consent Motion for Extension of Time to Allow American Academy of Pediatrics to File an Answer to the Complaint, granting 15 Plaintiffs' Consent Motion for an Extension of Time to File an Opposition to Federal Defendants' Motion to Dismiss on December 21, 2006 and Plaintiffs' Consent to Federal Defendants Filing Their Reply to Plaintiffs' Opposition to Federal Defendants' Motion to Dismiss on January 11, 2006, and granting 19 Consent Motion to Postpone Party Conference. Signed by Chief Judge Thomas F. Hogan on December 16, 2005. (lctfh2) (Entered: 12/16/2005)
01/09/2006 24 Consent MOTION for Extension of Time to File Response/Reply by SARAH K. PARKER. (Attachments: # 1 Statement of Facts)(Perkins, Erica) (Entered: 01/09/2006)
01/10/2006   MINUTE ORDER granting 24 Consent Motion for Extension of Time to Reply to Plaintiffs' Opposition to Defendants' Motion to Dismiss. Accordingly, defendants Todd and Parker shall file their reply on or before January 17, 2006. Signed by Chief Judge Thomas F. Hogan on January 10, 2006. (lctfh2) (Entered: 01/10/2006)
01/10/2006 25 Second MOTION for Extension of Time to File Response/Reply to American Academy of Pediatrics 17 [18] Motion to Dismiss/Motion for Summary Judgment by MARK GEIER, DAVID GEIER. (Hennessey, Joseph) Modified on 1/11/2006 (lc, ). (Entered: 01/10/2006)
01/11/2006   MINUTE ORDER granting 25 Plaintiffs' Second Consent Motion to Extend Until January 20, 2006 the Filing of Plaintiffs' Opposition to 17 [18] American Academy of Pediatrics Motion to Dismiss/Motion for Summary Judgment and Plaintiffs' Consent to American Academy of Pediatrics Filing Its Reply to Plaintiffs' Opposition on February 20, 2006. Accordingly, Plaintiffs' Opposition shall be filed on or before January 20, 2006 and Defendants' Reply shall be filed on or before February 21, 2006 (the court will be closed on February 20, 2006 for Presidents' Day). Signed by Chief Judge Thomas F. Hogan on January 11, 2006. (lctfh2) (Entered: 01/11/2006)
01/17/2006 26 REPLY to opposition to motion re 8 filed by SARAH K. PARKER. (Attachments: # 1 Exhibit # 2 Exhibit B)(Perkins, Erica) (Entered: 01/17/2006)
01/23/2006 27 Consent MOTION for Extension of Time to Reply to AAP's Motion to Dismiss/Motion for Summary Judgment by MARK GEIER, DAVID GEIER. (Hennessey, Joseph) (Entered: 01/23/2006)
01/26/2006   MINUTE ORDER granting 27 Plaintiffs' Third Consent Motion for an Enlargement of Time to File an Opposition to the American Academy of Pediatric's Motion to Dismiss/Motion for Summary Judgment. Signed by Chief Judge Thomas F. Hogan on January 26, 2006. (lctfh2) (Entered: 01/26/2006)
03/02/2006 28 REPLY to opposition to motion re [18] MOTION for Summary Judgment, 17 MOTION to Dismiss and/or for Summary Judgment filed by AMERICAN ACADEMY OF PEDIATRICS. (Brown, Jay) (Entered: 03/02/2006)
03/14/2006 29 ORDER granting [#17] American Academy of Pediatrics's Motion to Dismiss and/or for Summary Judgment, Signed by Chief Judge Thomas F. Hogan on 3/10/06. (hs,) (Entered: 03/14/2006)
03/17/2006 30 Emergency MOTION to Stay Proceedings and Suspend Briefing Calendar to Enable Plaintiffs to Identify and Retain New Lead Counsel by MARK GEIER, DAVID GEIER. (Attachments: # 1 Proposed Order)(Hennessey, Joseph) (Entered: 03/17/2006)
03/20/2006 31 RESPONSE to 30 Emergency Motion to Stay Proceedings, no. 30 filed by LARRY PICKERING, DEPARTMENT OF HEALTH AND HUMAN SERVICES, BENJAMIN SCHWARTZ. (Burch, Alan) Modified on 3/21/2006 (lc, ). (Entered: 03/20/2006)
03/20/2006 32 NOTICE Certificate of Service by LARRY PICKERING, DEPARTMENT OF HEALTH AND HUMAN SERVICES, BENJAMIN SCHWARTZ re 31 Response to any document (Burch, Alan) (Entered: 03/20/2006)
03/21/2006 33 Memorandum in opposition to re 10 Federal Defendants' Motion to Dismiss filed by MARK GEIER, DAVID GEIER. (Hennessey, Joseph) (Entered: 03/21/2006)
03/27/2006 34 RESPONSE to 30 plaintiff's motion for emergency stay of further proceedings filed by SARAH K. PARKER. (Perkins, Erica) Modified on 3/28/2006 (lc, ). (Entered: 03/27/2006)
03/29/2006 35 ORDER granting [#30] Motion [for] an Emergency Stay of Further Proceedings to Enable Plaintiffs to Identify and Retain New Lead Counsel. With the exception of pending motions that have been fully briefed and are ripe for adjudication, all other matters are stayed until Monday, April 10, 2006, to allow the plaintiffs time to obtain new counsel. Signed by Chief Judge Thomas F. Hogan on March 29, 2006. (lctfh2) (Entered: 03/29/2006)
04/13/2006 36 MOTION to Dismiss the Complaint Without Prejudice by MARK GEIER, DAVID GEIER. (Hennessey, Joseph) Additional attachment(s) added on 4/26/2006 (lc, ). (Entered: 04/13/2006)
04/13/2006 37 REPLY to opposition to motion re 10 MOTION to Dismiss & Supporting Memorandum filed by LARRY PICKERING, DEPARTMENT OF HEALTH AND HUMAN SERVICES, BENJAMIN SCHWARTZ. (Burch, Alan) (Entered: 04/13/2006)
04/17/2006 38 ENTERED IN ERROR.....RESPONSE to Plaintiffs' Motion to Dismiss Without Prejudice filed by AMERICAN ACADEMY OF PEDIATRICS. (Brown, Jay) Modified on 4/18/2006 (lc, ). (Entered: 04/17/2006)
04/17/2006 39 STRICKEN pursuant to Order entered 4/25/2006.....Memorandum in opposition to re 36 MOTION to Dismiss the Complaint Without Prejudice filed by AMERICAN ACADEMY OF PEDIATRICS. (lc, ) Modified on 4/26/2006 (lc, ). (Entered: 04/18/2006)
04/18/2006   NOTICE OF CORRECTED DOCKET ENTRY: re 38 Response to any document was entered in error and has been refiled in the correct category by the Court. (lc, ) (Entered: 04/18/2006)
04/19/2006 40 MOTION to Amend/Correct 36 MOTION to Dismiss the Complaint Without Prejudice by MARK GEIER, DAVID GEIER. (Attachments: # 1 Text of Proposed Order To Amend Docket No. 36# 2 Exhibit)(Hennessey, Joseph) (Entered: 04/19/2006)
04/19/2006 41 MOTION to Strike 39 Memorandum in Opposition to Plaintiffs' Motion to Dismiss Without Prejudice by MARK GEIER, DAVID GEIER. (Hennessey, Joseph) (Entered: 04/19/2006)
04/25/2006 42 ORDER granting [#40] Plaintiff's Motion to Amend/Correct Documents within Docktet No. 36, . Signed by Chief Judge Thomas F. Hogan on 4/24/06. (hs,) (Entered: 04/25/2006)
04/25/2006 43 ORDER granting [#41] Plaintiff's Motion to Strike AAP'S Opposition to Plaintiff's Motion to Dismiss the Complaint Without Prejudice, Signed by Chief Judge Thomas F. Hogan on 4/24/06. (hs,) (Entered: 04/25/2006)
05/15/2006 44 ORDER granting 36 Motion to Dismiss Without Prejudice. Signed by Chief Judge Thomas F. Hogan on May 15, 2006. (lctfh2) (Entered: 05/15/2006)
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