Case details

Court: cofc
Docket #: 1:03-vv-00068
Case Name: EALEY, et al v. HHS
PACER case #: 3789
Date filed: 2003-01-13
Date terminated: 2012-10-18
Date of last filing: 2008-07-28
Assigned to: Unassigned
Referred to: Special Master George L. Hastings
Case Cause: 42:300 Vaccine Injury Act
Nature of Suit: 492 Injury - Thimerosal
Jurisdiction: U.S. Government Defendant

Parties

Represented Party Attorney & Contact Info
SHEILA EALEY
Petitioner
parent of
SHEILA EALEY
5526 S. Rocheblave Street New Orleans, LA 70125-4304 PRO SE

Jeffrey Scott Thompson
c/o Conway, Homer & Chin-Caplan, P.C. 16 Shawmut Street Boston, MA 02116
TERMINATED: 08/21/2003 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Scott R. Bickford
Martzell & Bickford 338 Lafayette Street New Orleans, LA 70130-3244 (504) 581-9065 Email: usdcmdla@mbfirm.com
TERMINATED: 11/17/2011 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Thao Da Ho
c/o Conway, Homer & Chin-Caplan 16 Shawmut Street Boston, MA 02116 (617) 695-1990 Fax: (617) 695-0880
TERMINATED: 12/07/2004 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Ronald Craig Homer
Conway, Homer & Chin-Caplan, P.C. 16 Shawmut Street Boston, MA 02116 (617) 695-1990 Email: rhomer@ccandh.com
TERMINATED: 08/21/2003 ATTORNEY TO BE NOTICED

TEMPLE EALEY
Petitioner
a minor
TEMPLE EALEY
5526 S. Rocheblave Street New Orleans, LA 70125-4304 PRO SE

Jeffrey Scott Thompson
(See above for address)
TERMINATED: 08/21/2003 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Scott R. Bickford
(See above for address)
TERMINATED: 11/17/2011 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Thao Da Ho
(See above for address)
TERMINATED: 12/07/2004 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Ronald Craig Homer
(See above for address)
TERMINATED: 08/21/2003 ATTORNEY TO BE NOTICED

SECRETARY OF HEALTH AND HUMAN SERVICES
Respondent
Ann Donohue Martin
U. S. Department of Justice - Vaccine Vaccine/Torts Branch, Civil Division P.O. Box 146 Benjamin Franklin Station Washington, DC 20044-1046 (202) 307-1815 Fax: (202) 616-4310 Email: ann.martin@usdoj.gov
TERMINATED: 04/30/2008 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Traci R. Patton
U. S. Department of Justice - Vaccine Vaccine/Torts Branch, Civil Division P.O. Box 146 Benjamin Franklin Station Washington, DC 20044-1046 (202) 353-1589 Fax: (202) 616-4310 Email: traci.patton@usdoj.gov
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Voris Edward Johnson
U.S. Department of Justice Vaccine/Torts Branch, Civil Division P.O. Box 146 Ben Franklin Station Washington, DC 20044-0146 (202) 616-4136 Fax: (202) 616-4310 Email: voris.johnson@usdoj.gov
TERMINATED: 04/26/2012 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Documents

Date Filed Document # Attachment # Short Description Long Description Upload date SHA1 hash
2003-01-13 1 0 Petition PETITION by SHEILA EALEY and TEMPLE EALEY, FILING FEE $150, RECEIPT #056018 (Respondent's report due 4/14/03). (FE)
2003-01-13 2 0 Notice of Filing Notice to Defer Proceedings in Autism Case by SHEILA EALEY and TEMPLE EALEY. Service: 1/9/03. (FE)
2003-01-13 3 0 Motion for Miscellaneous Relief MOTION by SHEILA EALEY and TEMPLE EALEY (Service: 1/9/03) for issuance of subpoena . Response due: 1/27/03. (FE)
2003-01-13 4 0 Case Assigned/Reassigned to Special Master NOTICE OF assignment to Special Master George L. Hastings Jr. . Copy to parties. (FE)
2003-01-28 5 0 Order ORDER re proceeding. ( signed by Special Master George L. Hastings Jr. ) Copy to parties. (DAL)
2003-02-10 6 0 Notice of Appearance NOTICE of Appearance by Ann Kathleen Donohue for The Secretary of Health and Human Services. Service: 2/10/03.(jat, )
2003-04-14 7 0 Respondent's Report Respondent's Report by The Secretary of Health and Human Services.Service: 4/14/03. (jat, )
2003-09-05 8 0 Motion for Miscellaneous Relief MOTION FOR APPROPRIATE RELIEF by SECRETARY OF HEALTH AND HUMAN SERVICES.Service: 09/05/03. Response due by 9/22/2003 (jmm, )
2003-09-19 9 0 Order ORDER re: The 240-day period for issuance of the special master's decision has recently expired. Accordingly, upon petitioner's motion, proceedings are hereby formally suspended--and, thus, the final "due date" for the special master's decision in each case is hereby formally suspended--for an indefinite period time, but for no longer than 180 days. Signed by Special Master George L. Hastings. (jmm, )
2004-03-12 10 0 Notice Regarding Statutory Requirement DENIAL OF MOTION and FORMAL NOTICE re: the statutory 420-day 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 George L. Hastings. (jat, )
2003-08-21 11 0 Motion to Substitute Attorney (Consented) Consented MOTION to Substitute Attorney Thao Ho in place of Jeffrey S. Thompson by Petitioners.Service: 8/18/03. (tjk, )
2004-07-19 12 0 Order on Multiple Petitions Resolution Order Instructing Counsel to Immediately Resolve Situation Concerning Multiple Petitions Signed by Special Master George L. Hastings. (tjk, )
2004-11-22 13 0 Motion to Substitute Attorney MOTION to Substitute Attorney Scott R. Bickford in place of Ronald C. Homer by SHEILA EALEY, TEMPLE EALEY.Service: 11/17/04. Response due by 12/6/2004 (tjk, )
2004-12-07 14 0 Order on Motion to Substitute Attorney ORDER granting [13] Motion to Substitute Attorney. Added attorney Scott R. Bickford for SHEILA EALEY and TEMPLE EALEY. Attorney Thao Ho terminated Signed by Special Master George L. Hastings. (tjk, )
2007-07-30 15 0 Motion to Withdraw as Attorney MOTION to Withdraw as Attorney by Scott R. Bickford, filed by on behalf of SHEILA EALEY, TEMPLE EALEY. Service: 7/26/07.Response due by 8/13/2007. (Neal, Alonzo)
2007-08-29 16 0 Order ORDER re [6] MOTION to Withdraw as Attorney by Scott R. Bickford and Spencer Doody. The special master will not take action on this motion until Mr. Doody concludes his search for replacement attorneys and contacts the court with a report on the outcome of his efforts. Signed by Special Master George L. Hastings. (tjk, )
2008-03-14 17 0 Order ORDER re Petitioner shall file within 90 days, by no later than June 12, 2008, all medical records from the period of the vaccinee's birth through either, whichever date is later, (1) the date of petition filing, or (2) the date of the vaccinee's initial diagnosis of autism, autism spectrum disorder, a speech or language delay related to an autism diagnosis, or any similar neurological disorder related to an autism diagnosis. In so doing, petitioner shall comply with the provisions regarding the filing of medical records, set forth below at part D of this Order. Respondent shall file within 45 days, subsequent to petitioners filing of a Statement of Compliance, a "Statement Regarding whether the Claim should proceed in OAP". Notice of Compliance due by 6/12/2008. Signed by Special Master George L. Hastings. (tjk, )
2008-04-04 18 0 Scheduling Order SCHEDULING ORDER: A joint, unrecorded status conference with Special Master Vowell and Campbell-Smith was held on Tuesday, April 2, 2008, Pursuant to discussion at this status conference petitioners counsel are ordered to RETAIN POSSESSION OF THOSE MEDICAL RECORDS until further order by this court regarding disposition. Petitioners counsel are therefore ordered to file all certified mail receipts with the court by 4/16/08,file a Status Report due by 4/25/2008 Signed by Special Master George L. Hastings. (Neal, Alonzo)
2008-04-30 19 0 Notice of Appearance NOTICE of Appearance by Voris Edward Johnson for SECRETARY OF HEALTH AND HUMAN SERVICES. Service: 4/30/08.(Neal, Alonzo)
2008-04-30 20 0 Scheduling Order SCHEDULING ORDER:( Status Report due by 6/30/2008) Signed by Special Master George L. Hastings. (Neal, Alonzo)
2008-06-04 21 0 Motion for Miscellaneous Relief MOTION to file subsequent documents electronically and notice of intent to convert case to ECF format, filed by SHEILA EALEY, TEMPLE EALEY. Service: 6/3/08.Response due by 6/20/2008. (tjk, )
2008-06-12 22 0 Notice of Filing NOTICE OF FILING on CD [Medical Records, Exhibits #1-6], by SHEILA EALEY, TEMPLE EALEY. Service: 6/11/08.(tjk, )
2008-06-25 23 0 Order on Motion for Miscellaneous Relief ORDER granting [21] Motion to convert this case to electronic filing. Signed by Special Master George L. Hastings. (tjk, )
2008-06-25 24 0 Notice of Designation of Electronic Case NOTICE of Designation of Electronic Case. (tjk, )
2008-06-30 25 0 Status Report STATUS REPORT, filed by SHEILA EALEY, TEMPLE EALEY. (Attachments: # (1) Exhibit A, # (2) Exhibit B)(Bickford, Scott)
2008-07-08 26 0 Order ORDER Petitioners counsel shall file a status report by October 10, 2008, updating the court on his progress in finding new representation for this petitioner. Signed by Special Master George L. Hastings. (jtl)
2008-07-28 27 0 Notice (Other) NOTICE, filed by SECRETARY OF HEALTH AND HUMAN SERVICES Respondent's Statement Regarding Whether This Claim Should Proceed in the Omnibus Autism Proceeding - Cannot Determine at This Time - Required Documentation Not Filed. (Trinrud, Rebecca)
2008-12-14 28 0 SCHEDULING ORDER: Petitioners shall file a Response to 27 Respondent's Statement Regarding Whether this Claim Should Proceed in the Omnibus Autism Proceeding by 1/15/2009. Signed by Special Master George L. Hastings. (jam, ) (Entered: 12/14/2008)
2009-02-27 29 0 ORDER that petitioner's counsel shall file all medical records pertaining to Temple Ealey and send a copy of such records to petitioner, accompanied by notice of counsel's pending withdrawal. Counsel will notify the court of petitioner's current address and telephone number. Signed by Special Master George L. Hastings. (jtl) (Entered: 02/27/2009)
2011-09-01 30 0 ORDER: The court is aware petitioners' counsel has filed a motion to withdraw from representation in this matter. Notwithstanding counsel's motion, the court Orders counsel to comply with the instant Order, within the next 30 days, the court will then rule upon counsel's motion to withdraw from representation. Signed by Special Master George L. Hastings. (jam) Copy to parties. (Entered: 09/01/2011)
2011-10-03 31 0 STATUS REPORT to Pursue Claim for Vaccien Compensation. (Bickford, Scott) (Entered: 10/03/2011)
2011-10-03 32 0 NOTICE ELECTION TO PURSUE CLAIM FOR VACCINE COMPENSATION. (Bickford, Scott) (Entered: 10/03/2011)
2011-10-28 33 0 ORDER: Petitioners' counsel shall file any motion for interim attorneys' fees and costs by no later than November 28, 2011. Signed by Special Master George L. Hastings. (jam) Copy to parties. (Entered: 10/28/2011)
2011-11-03 34 0 STATEMENT OF FACTS re: 8 Motion for Miscellaneous Relief. (Bickford, Scott) (Entered: 11/03/2011)
2011-11-17 35 0 ORDER granting 15 MOTION to Withdraw as Attorney by Scott R. Bickford filed by SHEILA EALEY, TEMPLE EALEY. Electronic Case Filing status shall be discontinued and "paper" format shall be resumed Signed by Special Master George L. Hastings. (jtl) Copy to parties. (Entered: 11/17/2011)
2011-11-29 36 0 ORDER re Within 30 days of the date of this order petitioner shall inform the court how they wish to proceed. Failure to file a timely response to this Order will lead to dismissal of your claim. Signed by Special Master George L. Hastings. (tjk) Copy to parties. (ac7). (Entered: 12/02/2011)
2011-12-29 37 0 ORDER re Petitioner is GRANTED an additional 14 days, from the date of this Order, to determine how they wish to proceed. Petitioner must inform the court within 14 days of the date of this Order how they wish to proceed. If petitioner informs the court that they wish to continue to pursue the claim, petitioner will receive another order directing the filing of the medical expert's opinion and other necessary evidence necessary to decide this claim. Failure to file a timely response will lead to dismissal of this petition. Signed by Special Master George L. Hastings. (tjk) Copy to parties. (Neal, Alonzo). (Entered: 01/09/2012)
2012-03-07 38 0 ORDER TO SHOW CAUSE: Petitioner is hereby ordered to inform the court within thirty days of the date of this Order how wish to proceed or otherwise indicate, that is show cause, why this case should not be dismissed for failure to prosecute. Signed by Special Master George L. Hastings. (Neal, Alonzo) Copy to parties. (Neal, Alonzo). (Entered: 03/07/2012)
2012-04-20 39 0 RESPONSE TO 38 ORDER TO SHOW CAUSE, filed by SHEILA EALEY, TEMPLE EALEY. Service: Copy to DOJ by the Clerk. (tjk) (Entered: 04/23/2012)
2012-04-25 40 0 ORDER: Petitioner shall fiel, within 90 days of the date of this Order, the report of a reliable medical experet stating the opinion that Temple suffers from an injury that was caused by one or more specific vaccinations. When petitioner files an expert report, respondent will then have 60 days in which to file a supplemental "Rule 4 report" and an expert report in response. Signed by Special Master George L. Hastings. (Neal, Alonzo) Copy to parties. (Neal, Alonzo). (Entered: 04/25/2012)
2012-04-26 41 0 NOTICE of Appearance by Traci R. Patton for SECRETARY OF HEALTH AND HUMAN SERVICES.. Service: 04/26/2012.(ac7) (Entered: 04/27/2012)
2012-07-31 42 0 ORDER TO SHOW CAUSE Petitioner shall file a Medical Expert Report within 30 days of the date of this Order. Failure to file a response to this order will be interpreted as either a failure to prosecute this claim or as an inability to provide supporting documents for this claim. In either event, the petition shall be dismissed. Signed by Special Master George L. Hastings. (tjk) Copy to parties. (Entered: 07/31/2012)
2012-09-12 43 0 DECISION Signed by Special Master George L. Hastings. (tjk) Copy to parties. (Entered: 09/13/2012)
2012-10-18 44 0 JUDGMENT entered pursuant to Vaccine Rule 11(a), that the petition is dismissed for insufficient proof and for failure to prosecute.(Copy to parties) (lld) (ar). (Entered: 10/18/2012)