Free Order - District Court of Delaware - Delaware

Case 1:04-cv-01453-JJF Document 45 Filed 08/24/2006 Page1 0f2
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
SSGT JASON A. ADKINS, USAF, :
Plaintiff, :
v. : Civil Action No. 04-1453-JJF
DONALD H. RUMSFELD, :
Secretary of Defense, et al., ;
O R D E R
At Wilmington, this gg day of August 2006, for the reasons
set forth in the Memorandum Opinion issued this date;
IT IS HEREBY ORDERED that:
l. Defendants' Motion To Dismiss (D.I. 28} is GRANTED as
it pertains to Count II of the Amended Complaint and Plaintiff's
request for relief in the form of access to information
Defendants possess regarding the health—related effects of the
squalene tainted anthrax vaccine and DENIED as it pertains to
Count I of the Amended Complaint and the remaining forms of
relief sought by Count I.
2. Plaintiff shall file a Second Amended Complaint within
twenty (20) days of the date of this Order.
3. The parties shall file a stipulated proposed Scheduling
Order, or if one cannot be agreed to, their respective proposals

Case 1:04-cv-01453-JJF Document 45 Filed 08/24/2006 Page 2 of 2
as Outlined by the Court in the Memorandum Opinion accompanying
this Order within twenty (20) days of the date of this Order.
4. Defendants are given leave to refile their Motion To
Dismiss as a Motion For Summary Judgment on the issue of
causation in the context of standing at the close of the
discovery period to be set forth in the proposed Scheduling Order
as contemplated by the Court’s Memorandum Opinion.
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Q ED STATES DISTRICT JUDGE