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

Filing 546

JUDGMENT. ***Civil Case Terminated.*** Signed by Judge Claudia Wilken on 11/19/2013. (ndr, COURT STAFF) (Filed on 11/19/2013)

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

9

United States District Court
For the Northern District of California

10
11
12
13
14
15
16
17

CENTRAL INTELLIGENCE AGENCY, et
al.,
Defendants.
________________________________/
This matter came before the Court on Plaintiffs’ motion for
partial summary judgment and Defendants’ cross-motion for summary
judgment.

20
21
22
23
24
25
26
27
28

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

in part, and denying, in part, Plaintiffs’ motion for partial
summary judgment and granting, in part, and denying, in part,
Defendants’ cross-motion for summary judgment.
An Amended Order issued subsequently.

(Docket No. 537.)

Based on the Amended Order,

and pursuant to Rule 54 of the Federal Rules of Civil Procedure,

18
19

JUDGMENT

v.

7
8

No. C 09-0037-CW

IT IS HEREBY ADJUDGED AS FOLLOWS:
1.

Judgment is entered for Plaintiffs on their claim, pursuant

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

The Court

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

1

chemical or biological substance for the purpose of studying or

2

observing the effects of such exposure (that was sponsored,

3

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

4

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

5

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

6

when that information becomes available.

7

to an injunction on that Notice Claim and such injunction shall

8

issue.

9

2.

Plaintiffs are entitled

Plaintiffs’ claims that the Department of Defense and the

United States District Court
For the Northern District of California

10

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

11

care are adjudicated against Plaintiffs and in favor of

12

Defendants.

13

3.

14

Plaintiffs and in favor of Defendants.

15

4.

16

reserved until after appeal.

The remainder of Plaintiffs’ claims are adjudicated against

The issues of fees and other awardable expenses will be

17
18

IT IS SO ORDERED.

19
20
21

Dated: 11/19/2013

CLAUDIA WILKEN
United States District Judge

22
23
24
25
26
27
28
2