Status 1 April 2015


The Federal District Court of Washington DC granted the VA's Motion to Dismiss


The Initial Letter of Demand

On April 30, 2013, the Blue Water Navy Vietnam Veterans Association (BWNVVA) and Military-Veterans Advocacy, Inc. (MVA) jointly filed suit in the United States District Court for the District of Columbia against Eric K. Shinseki in his capacity as Secretary of the Department of Veterans Affairs. This is identified as Case No. 1:13cv1187-EGS. The filing contained the following documents:

The Demand Letter to the Secretary of Veterans Affairs

Exhibits A through E to the Demand Letter
Exhibits F through I to the Demand Letter
Exhibits J through K to the Demand Letter
Exhibits L through M to the Demand Letter


The VA's Motion to Dismiss

On October 24, 2013, the U.S. Department of Justice, on behalf of the Department of Veterans Affairs, filed a response asking for a dismissal of the case. The filing contained the following documents:

The Motions to Dismiss


Memorandum in Support of Devendant's Motion to Dismiss
Exhibit 1
The Proposed Court Order for Dismissal


The Motion for Summary Judgment

On December 3, 2013, BWNVVA - MVA responded with an Opposition to Motion to Dismiss and Cross Motion for Summary Judgment. The filing contained the following documents:

Opposition to Motion to Dismiss and Cross Motion

Plaintiff's Statement of Undisputed Facts
Exhibit 1 - April 30, 2013 Letter
Exhibit 2 - June 20, 2013 Letter
Exhibit 3 - June 29, 2013 Letter
Exhibit 4 - Rossie Affidavit
Exhibit 5 - May Affidavit
Exhibit 6 - Veterans and Agent Orange: Update 2008
Exhibit 7 - S. Belanger Affidavit
Exhibit 8 - E. Belanger Affidavit
Exhibit 9 - Gibson Affidavit


VA’S Combined Motion for Summary Judgment, and more.

On March 28, 2014, U.S. Department of Justice, on behalf of the Department of Veterans Affairs, filed their own Motion for Summary Judgement and more.
This filing contained the following docuemnt(s):
Defendent's Motion


BWN-MVA Reply to Defendent.....

On June 14, 2014, BWN-MVA filed the following documents:

Reply to Defendant’s Opposition to Plaintiff’s CrossMotion for Summary Judgment and Plaintiff’s Opposition to Defendant’s Motion for Summary Judgment
Christopher Caldbeck's Affidavit
Robinson Hordoir's Declaration
Dr. Jochen Mueller's Declaration


Updated on June 14

Here is information on the next filings direct from the Court Order:

Defendant shall file his reply brief in support of his motion for summary judgment by July 8, 2014.

The parties shall file a joint appendix containing those portions of the administrative record cited or otherwise relied on in any memorandum
in support of or opposition to any dispositive motion by July 28, 2014."

Documents for these future filings will be posted here as they become available. This document will be posted shortly.


UPDATE FOR OCTOBER 4

ATTENTION!!

On December 4, 2014, there will be a hearing on the Blue Water Navy vs. Dept. of Veterans Affairs lawsuit at 10:00AM. This will be held in the Federal Court House Building at 333 Constitution Ave N.W., Court Room #2, in Washington, DC.

We would like to fill the courtroom with veterans wearing a shirt or hat identifying them as a veteran. Any veteran who can arrange to be there will be greatly appreciated. All other interested parties welcomed.

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