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).

1

IN THE UNITED STATES DISTRICT COURT

2

FOR THE NORTHERN DISTRICT OF CALIFORNIA

3
4
5

VIETNAM VETERANS OF AMERICA et
al.,
Plaintiffs,

6
7
8
9
10

v.

No. CV 09-0037-CW
INTENDED
INJUNCTION
PURSUANT TO THE
COURT’S SUMMARY
JUDGMENT ORDER

CENTRAL INTELLIGENCE AGENCY, et
al.,
Defendants.
________________________________/

United States District Court
For the Northern District of California

WHEREAS, the Court has granted Plaintiffs summary judgment
11
that Defendant Department of the Army has an ongoing duty to warn
12
members of the class about newly acquired information that may
13
affect their well-being now and in the future as it becomes
14
available, and good cause appearing therefor;
15
IT IS HEREBY ORDERED that said Defendant is enjoined as
16
follows:
17
1.

This injunction pertains only to individuals who, while

18
serving in the armed forces, were test subjects in any testing
19
program in which humans were exposed to a chemical or biological
20
substance for the purpose of studying or observing the effects of
21
such exposure (that was sponsored, overseen, directed, funded,
22
and/or conducted by the Department of the Army).

Defendant shall

23
provide such test subjects with newly acquired information that
24
may affect their well-being that it has learned since its original
25
notification, now and in the future as it becomes available, as
26
set forth below.
27
28

1

2.

This injunction applies only to information that may

2

affect the well-being of test subjects that has been acquired by

3

the Department of the Army and/or its agents since June 30, 2006.

4

Specifically, as the Court has ruled, the Department of the Army

5

shall provide each test subject with any new information it has

6

required with regard to:

7

a.

8

undergone by that particular test subject;

9

b.

The nature, duration, and purpose of the testing

The method and means by which the testing was

United States District Court
For the Northern District of California

10

conducted;

11

c.

12

expected by that test subject as a result of

13

participation in the testing; and

14

d.

15

come from such participation.

The inconveniences and hazards reasonably to be

The effects upon their health which may possibly

16

Such information is referred to hereafter as the “Newly

17

Acquired Information”;

18

3.

19
20

Class members who became test subjects before August 8,

1988, shall be notified of Newly Acquired Information;
4.

Within thirty (30) days of the date of entry of this

21

injunction (the “Entry Date”), the Department of the Army shall

22

file with the Court a report:

23

a.

24

the Newly Acquired Information as of the Entry Date from

25

the various sources of information available to it,

26

which may include, but are not limited to, such sources

27

as the Chem-Bio Database, the Mustard Gas Database, the

28

Chemical, Biological, Radiological & Nuclear Defense

describing the efforts it has undertaken to locate

2

1

Information Analysis Center (“CBRNIAC”) Database and

2

other related databases created in conjunction with

3

Battelle Memorial Institute, and the Defense Technical

4

Information Center (“DTIC”) repository;

5

b.

6

been found and describing generally its nature;

7

c.

8

developed for transmitting Newly Acquired Information to

9

the class members entitled to notification, including

confirming whether Newly Acquired Information has

explaining the plan it has in its discretion

United States District Court
For the Northern District of California

10

the methods intended for notification which may include

11

direct mail, online notice, and/or publication notice;

12

d.

13

Information as of the Entry Date to those class members

14

no later than ninety (90) days from the Entry Date, and

15

outlining its plan to do so; and

16

e.

17

discretion developed for (i) periodically collecting and

18

transmitting Newly Acquired Information that becomes

19

available to it after the Entry Date and (ii) providing

20

any necessary update reports to the Court regarding such

21

future efforts.

22
23
24

5.

committing to transmit the Newly Acquired

outlining the plan and policies it has in its

The Court retains jurisdiction to enforce the terms of

this Injunction and Order.
IT IS SO ORDERED.

25
26
27

Dated:

CLAUDIA WILKEN
United States District Judge

28
3