Vietnam Veterans of America et al v. Central Intelligence Agency et al

Filing 540

***DISREGARD, SEE DOCKET NO. 541 *** NOTICE OF INTENDED AMENDED ORDER, INJUNCTION AND JUDGMENT. Signed by Judge Claudia Wilken on 10/11/2013. (Attachments: # 1 amended order, # 2 judgment, # 3 injunction)(ndr, COURT STAFF) (Filed on 10/11/2013) Modified on 10/11/2013 (ndr, COURT STAFF).

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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VIETNAM VETERANS OF AMERICA et
al.,

INTENDED JUDGMENT
Plaintiffs,

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v.

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No. C 09-0037-CW

CENTRAL INTELLIGENCE AGENCY, et
al.,
Defendants.
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United States District Court
For the Northern District of California

This matter came before the Court on Plaintiffs’ motion for
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partial summary judgment and Defendants’ cross-motion for summary
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judgment.

On July 24, 2013, the Court issued an Order granting,

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in part, and denying, in part, Plaintiffs’ motion for partial
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summary judgment and granting, in part, and denying, in part,
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Defendants’ cross-motion for summary judgment.

(Docket No. 537.)

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An Amended Order issued subsequently.

Based on the Amended Order,

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and pursuant to Rule 54 of the Federal Rules of Civil Procedure,
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IT IS HEREBY ADJUDGED AS FOLLOWS:
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1.

Judgment is entered for Plaintiffs on their claim, pursuant

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to the Administrative Procedures Act (APA), that Defendant
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Department of the Army (Army) has an ongoing duty to warn class
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members of any information acquired after the last notice was
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provided, and in the future, that may affect their well-being,
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when that information becomes available (Notice Claim).

The Court

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declares that the Army has an obligation under AR 70-25 to warn
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individuals who, while serving in the armed forces, were test
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subjects in any testing program in which humans were exposed to a
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chemical or biological substance for the purpose of studying or

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observing the effects of such exposure (that was sponsored,

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overseen, directed, funded, and/or conducted by the Department of

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the Army) of any information acquired after the last notice was

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provided, and in the future, that may affect their well-being,

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when that information becomes available.

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to an injunction on that Notice Claim and such injunction shall

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issue.

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2.

Plaintiffs are entitled

Plaintiffs’ claims that the Department of Defense and the

United States District Court
For the Northern District of California

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Department of the Army, rather than the DVA, must provide medical

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care are adjudicated against Plaintiffs and in favor of

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Defendants.

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3.

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Plaintiffs and in favor of Defendants.

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The remainder of Plaintiffs’ claims are adjudicated against

All parties shall bear their own costs.

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IT IS SO ORDERED.

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Dated:

CLAUDIA WILKEN
United States District Judge

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