Arthur
H. "Bud" Kelder Litigation Links
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IN
THE UNITED STATES DISTRICT COURT, FOR THE WESTERN DISTRICT OF TEXAS, SAN
ANTONIO DIVISION
Plaintiff,
AMERICAN BATTLE
MONUMENTS COMMISSION
MAX CLELAND, in his official capacity as Secretary, American Battle Monuments
Commission,
U.S. DEPARTMENT OF DEFENSE
CHUCK HAGEL, in his official capacity as Secretary of Defense (Substituted for
Leon E. Panetta)
W. MONTAGUE WINFIELD, in his official capacity as Deputy Assistant Secretary of
Defense for POW/Missing Personnel Affairs
JOHNIE E. WEBB, in his official capacity as Deputy
to the Commander for External Relations and Legislative Affairs Joint POW/MIA
Accounting Command
Defendants
Report of Dr. David Senn,
DDS, DABFO, University of Texas, San Antonio Health Science Center
Declaration of
Rick Stone, Former JPAC Deputy Chief of WWII Investigations
Report of
Dr. Souviron, DDS, Miami-Dade County Medical Examiner’s Office
1-COMPLAINT – superseded by 1st
Amended Complaint
7-DEF MO
FOR EXTENSION OF TIME TO ANSWER – Granted
9-PLF MO FOR
DISCOVERY – Denied as Moot
10-Def
Response
11-Plf Reply
11-1-Attachment
1 - Presidential Directive
11-2-Attachment
2 - Chambers Decl
11-3-Attachment
3 - DPMO News Webpage
11-4-Attachment
4 – DPMO 2013 Budget
12-NOTICE OF
FILING OF CERTIFIED ADMINISTRATIVE RECORD – documents filed in hardcopy
12-1-Administrative
Record – Table of Contents
13-NOTICE
OF FILING OF SUPPLEMENTAL CERTIFIED ADMINISTRATIVE RECORD – documents filed
in hardcopy
Supplemental
Administrative Record – (Docs 1-3)
14-DEF MO FOR
LEAVE TO EXCEED PAGE LIMITS
14-1-DEF MO TO
DISMISS OR MOTION FOR SUMMARY JUDGMENT –
Denied in part/Granted in part
14-2-Declaration
of Cynthia Chambers
27-Plf
Response
27-1-Attachment
1 – AR 638-2 Extract
29-Def Reply
15-PLF
MO TO COMPEL COMPLETION OF ADMINISTRATIVE RECORD – Denied (Standing)
15-2-Declaration
of John Eakin
15-3-Proposed
Order
22-Def Response
23-Plf Reply
23-1-Memorandum for record –
JPAC Incident 425
23-2-Kupsky Memo
23-3-Declaration of
Rick Stone
24-PLF MO FOR
DECLARATORY JUDGMENT, ALT TO COMPEL PRODUCTION – Denied (Standing)
24-2-Attachment 1 -
Report of Dr. David Senn, DDS, DABFO
24-3-Attachment 2 –
Report of Dr. Richard R. Souviron, DDS, DABFO
24-4-Attachment 3 –
Declaration of Rick Stone
24-5-Attachment 4 – ID
board proceeding
24-6-Attachment 5 –
Sworn statements of Douglas Kelder and Ronald Kelder
24-7-Attachment 6 –
Tooth chart from X816 showing gold inlays
24-8-Attachment 7 –
Tooth chart from Kelder IDPF showing pattern of extractions
24-9-Attachment 8 -
Grave 717 Information
26-Def Response
28-Plf Reply
30-REPORT
AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE – ADOPTED
31-PLF
MO FOR LEAVE TO FILE AMENDED COMPLAINT – GRANTED
31-1-Attachment
1 – Proposed Amended Complaint
31-2-Attachment
2 – Ex25, Kelder Letter
31-3-Attachment
3 – Ex26, Power of Attorney
32-Def
Response
33-Plf
Reply
35-ORDER – APPOINTMENT
OF JEFFERSON MOORE
36-ORDER
– SCHEDULING RECOMMENDATIONS
37-MOTION – EXTEND
TIME TO FILE SCHEDULING RECOMMENDATIONS
38-ORDER –
EXTEND TIME TO SUBMIT SCHEDULING RECOMMENDATIONS
40-DEF MOTION FOR A
STAY OF CASE IN LIGHT OF LAPSE OF APPROPRIATIONS
43-JOINT
PROPOSED SCHEDULING RECOMMENDATIONS
43-1-PROPOSED
ORDER
December 16, 2013 – Def file answer to complaint or
dispositive motion
February 4, 2014 – Def reply
February 4, 2014 – Plf motion for discovery
February 14, 2014 – Def response to motion for discovery
February 21, 2014 – ADR report
45
- MOTION
TO EXCEED PAGE LIMITS
45-1 MOTION TO
DISMISS FIRST AMENDED COMPLAINT
46
- ORDER –
GRANT 45 (MO TO EXCEED PAGE LIMITS)
47-
MOTION TO
DISMISS FIRST AMENDED COMPLAINT
50 – Plaintiff’s
Response
52 – Def Motion
To Exceed Page Limits
52-1 – Def Reply
53 – Order Granting
Leave to Exceed Page Limits
54 – Def Reply
48
– MOTION FOR
RELIEF FROM ADR
49
- ORDER – DENY
48
51
– PLAINTIFF’S
MOTION FOR DISCOVERY – (Granted – Documentary Discovery Only)
51-1 – Attach 1 – email
51-2 – Attach 2 -
memorandum
55 – DEFENDANT’S
RESPONSE
58 – PLAINTIFF REPLY
58-1
- Stars
& Stripes Article
58-2
- FoxChicago
Story
56
– ORDER –
HEARING ON MOTION FOR DISCOVERY
60
– ORDER –
HEARING RESET FOR APRIL 10, 2014
61
– ADVISORY
– ATTORNEY UNAVAILABILITY
62
– ORDER (REF 51)
63
– Minute entry – hearing on 4/10/2014 (not available electronically)
57
– JOINT
REPORT ON ALTERNATE DISPUTE RESOLUTION
64
- DEFENDANTS'
SUGGESTION OF MOOTNESS AND MOTION TO STAY DISCOVERY
64-1 - DECLARATION OF
KELLY E. FLETCHER
64-2 - EX 1 - PLAINTIFF'S
FIRST REQUEST FOR PRODUCTION
64-3 - EX 2 - PLAINTIFF'S
SECOND REQUEST FOR PRODUCTION
73-1 -
ATTACHMENT 1 - JONES DECLARATION
75 - DEFENDANTS REPLY
65
- PLAINTIFFS'
MOTION FOR LEAVE TO FILE
65-1 - MOTION TO
VACATE APPOINTMENT
65-2 - MOTION
TO COMPEL PRODUCTION
65-3 - ATTACH 1 -
FIRST REQUEST FOR PRODUCTION
65-4 - ATTACH 2 -
SECOND REQUEST FOR PRODUCTION
65-5 - ENVELOPE
66
- ORDER
- FILE DOCUMENT 65-1
67
- MOTION TO
VACATE APPOINTMENT
69 - DEFENDANTS
RESPONSE TO 67 & 68
68
- MOTION TO
WITHDRAW AS ATTORNEY
68-1 - PLF MOTION
TO VACATE APPOINTMENT
68-2 - TEXAS DISCIPLINARY
RULES OF PROFESSIONAL CONDUCT
70
– Minute entry – hearing on 7/16/2014 (not available electronically)
71
- ORDER -
GRANT 67/68 - WITHDRAWAL OF COUNSEL
80 - PLAINTIFF'S
RESPONSE
72 -
PLAINTIFF'S MOTION TO COMPEL DISCOVERY RESPONSES
72-1 - ATTACHMENT 1
- LETTER FROM AUSA
72-2 - ATTACHMENT 2
- FIRST REQUEST FOR PRODUCTION
72-3 - ATTACHMENT 3
- SECOND REQUEST FOR PRODUCTION
72-4 - ATTACHMENT 4
- FIRST SET OF INTERROGATIERIES
74 - DEFENDANT'S
RESPONSE & MOTION FOR PROTECTIVE ORDER
74-1 - ATTACHMENT 1
74-2 - ATTACHMENT 1
74-3 - ATTACHMENT 1
74-4 - ATTACHMENT 1
76 - PLAINTIFF'S REPLY
-
DEADLINE - August 11, 2014 - Defendants to produce "protocols
or similar documents for the conduct of disinterment of remains recovered from
Grave 717, including exhumation, transportation, chain-of-custody, storage and
for the collection and independent testing of DNA samples from remains and
families."
81 - DEFENDANT'S
REQUEST FOR CLARIFICATION & MOTION TO EXTEND
81-1 - EXHIBIT 1
81-2 - PROPOSED
ORDER
79
- NOTICE
(Postponement of exhumations until August 12, 2014)
84
- ORDER OF STAY
AND ADMINISTRATIVE CLOSURE (Judge Biery)
Requires Defendants to file an advisory every thirty days informing
the Court of the status of the identification process
86
- ORDER
REGARDING LETTERS TO THE COURT FROM NON-PARTIES
85
- FIRST
STATUS REPORT (Sep 12, 2014)
87
- SECOND
STATUS REPORT (Oct 14, 2014)
88
- THIRD
STATUS REPORT (Nov 12, 2014)
93
– FOURTH
STATUS REPORT (Dec 12, 2014)
95
- FIFTH
STATUS REPORT (Jan 12, 2015)
98
– SIXTH
STATUS REPORT (Jan 22, 2015
90
- MOTION
TO INTERVENE (SALLY HILL JONES)
90-1 - COMPLAINT
90-2 - EXHIBIT 2
90-3 - EXHIBIT 3
89
- MOTION
TO EXTEND TIME TO RESPOND (TO 90)
92
- ORDER -
GRANT EXTENSION TO JANUARY 16, 2015
96
- DEFENDANT'S
RESPONSE
96 - 1 - GARDNER
DECLARATION WITH TREMAINE MEMO
97 - PLAINTIFF REPLY
97-1 - ATTACHMENT 1
97-2 - ATTACHMENT 2
97-3 - ATTACHMENT 3
100
– JONES
REPLY TO 90
100-1_JONES
DECLARATION
91
- MOTION
FOR ELECTRONIC FILING (JONES)
94
- PLAINTIFF
MOTION FOR SUMMARY JUDGMENT ON ISSUE OF DUE PROCESS
94-1 - STATEMENT
OF UNDISPUTED FACTS
99
– MOTION TO
STRIKE 94
101
– PLAINTIFF
RESPONSE TO MOTION TO STRIKE
102
– MOTION
TO INTERVENE (JOHN PATTERSON)
102-1_COMPLAINT
112 - CERT
MAIL RECEIPT 102
103
– MAGISTRATE’S
REPORT AND RECOMMENDATION
104
– ORDER –
CASE RETURNED TO DISTRICT COURT
110 - OBJECTION TO 103
MAGISTRATE'S REPORT AND RECOMMENDATION
110-1_LENEY EXPERT
REPORT
110-2_ANTHRO REPORT
110-3_SCIENCE
DIRECTORS REPORT
110-4_CONSULTANT'S
REPORT
110-5_HISTORICAL
NARRATIVE
110-6_RESEARCH MEMO
110-7_ARMY REGULATION
638-2
110-8_ARMY FIELD MANUAL
4-20.65
110-9_NAVMEDCOM
INSTRUCTION 5360.1
110-10_EAKIN DECL
113 - OBJECTION TO
103 (JONES)
115 - DEFENDANT'S
RESPONSE TO 110
116 - PLAINTIFF
MOTION TO EXTEND TIME TO REPLY TO MARCH 17, 2015
116-1_PROPOSED
ORDER
117 - ORDER - GRANT EXT OF
TIME TO REPLY TO MARCH 17, 2015
119 – PLAINTIFF REPLY
TO 110
119-1_Huffine
Declaration
119-2_Doug
Kelder Declaration
106
– MOTION
TO INTERVENE (DEBBIE CHRISTIAN)
106-1 – PROPOSED
ORDER
106-2 – INTERVENORS
COMPLAINT
111 - MOTION TO STRIKE
106
108 - SUBSTITUTION
OF DEFENDANTS
114 - RESPONSE TO
111
118 – DEFENDANTS’
REPLY TO 111
120
– ORDER
121
– JUDGMENT
122
- MOTION FOR
RECOVERY OF COSTS
122-1 - DECLARATION
OF JOHN EAKIN
122-2 - FORM AO291
123 – DEFENDANT’S
OBJECTION
124 – NOTICE OF
DEFICIENCY (Cert of Service Unsigned)
125 – CERTIFICATE
OF SERVICE (Corrected)
127 Motion to Vacate Judgment and
Resume Discovery
127-2 Ex 2 – Ex missing – See 128
127-3 Ex 3 – Ex missing
127-4 Ex 4 – Ex missing
(Consolidated
Motion and Corrected Exhibits)
128 Notice of Scriveners Error
128-1 Corrected Ex 2 to 127 –
Diagram of Remains Returned
128-2 Corrected Ex 3 to 127 –
Photograph of Disinterred Remains
128-3 Corrected
Ex 4 to 127 – Anthropologist’s Memo – Assembly Of
Remains
129 Order Referral to Magistrate
Judge
130 Order
Defendant to Respond
131 Motion
to Extend Time to Respond
10/21/2024
132_ MOTION
to Substitute Attorney by American Battle Monuments Commission, Max
Cleland, Chuck Hagel, U.S. Department of Defense
, Johnie E. Webb, W. Montague Winfield. (Attachments: # (1) Proposed
Order)(Vereen, Darryl)
10/23/2024
133 _ ORDER REFERRING MOTION: [131] Unopposed MOTION for Extension of Time to File Response/Reply as
to [130] Order, filed by
American Battle Monuments Commission, [132] MOTION to Substitute Attorney filed
by U.S. Department of Defense, Chuck Hagel,
W. Montague Winfield, Max Cleland, Johnie E. Webb,
American Battle Monuments Commission.
Signed by Judge Fred Biery.. Referral
Magistrate Judge: Henry J. Bemporad.
(mgr)
Text Order GRANTING
Defendants' Unopposed Motion for Extension of Time (Docket Entry 131) entered
by Judge Henry J. Bemporad.
Defendants' deadline to respond to Plaintiff's Motion to Vacate Judgment and
Resume Discovery (Docket Entry 127) is EXTENDED to NOVEMBER 29, 2024,
and Plaintiff's deadline to file his Reply is EXTENDED to DECEMBER 20, 2024.
This is a text-only entry generated by the court. (wb)
Text Order GRANTING Defendants' Motion to Substitute Counsel (Docket Entry
132) entered by Judge Henry J. Bemporad. It is hereby ORDERED that Assistant United States Attorney
Darryl S. Vereen is SUBSTITUTED for and Susan Strawn is WITHDRAWN as counsel of
record for Defendants. This is a text-only entry
generated by the court. There is no document
associated with this entry.(wb)
134 Not used
135 Not used
136 Not used
11/26/2024
137 RESPONSE
to Motion, filed by American Battle Monuments Commission, re
[127] MOTION to Vacate Judgment filed by Plaintiff John Eakin (Attachments: # (1) Exhibit, # (2) Exhibit, # (3)
Exhibit, # (4) Exhibit, # (5) Exhibit, # (6) Exhibit, # (7) Exhibit)(Vereen,
Darryl)
12/19/2024
138 Reply to Motion, filed by John Eakin, re
[127] MOTION to Vacate Judgment filed by Plaintiff John Eakin (Eakin, John)
Last
Update 12/23/2024
http://bataanmissing.com/EakinVABMC/
DISCOVERY
PLAINTIFF'S
FIRST SET OF INTERROGATORIES
PLAINTIFF'S
INITIAL DISCLOSURES PER FRCP 26
PLAINTIFF’S FIRST
REQUEST FOR ADMISSIONS -
PLAINTIFF'S
SECOND REQUEST FOR ADMISSIONS
DEFENDANT'S
RESPONSE TO REQUEST FOR ADMISSIONS 1 AND 2 - Response received 25
June 2014
PLAINTIFF’S FIRST
REQUEST FOR PRODUCTION
PLAINTIFF’S SECOND
REQUEST FOR PRODUCTION
Defendant's
response to #5 - Production Log - Partial response to #5 received 11 August
2014
Defendant's
response to #5 - Documents
PLAINTIFF’S
EXHIBITS
Ex.
1 Report of Dr. David Senn,
DDS, DABFO
Ex. 2 Declaration
of John Eakin
Ex. 3 Extract
from Cabanatuan POW Camp Cemetery burial roster grave 717
Ex. 4A Identification
Memorandum, dated 12 Dec 46
Ex. 4B Identification
Memorandum, dated 12 Dec 46 (transcript for legibility)
Ex. 5 Identification
Board Proceedings – Cabanatuan Grave 717
Ex. 6AB Statements
of Ron Kelder & Doug Kelder
Ex. 7 Policy
Memo on Prioritization of Remains
Recovery and Identifications
Ex. 8 DPMO
1999 Annual Report – Policy on Disinterment for Identification
Ex. 9 Petition
to US Army for Consideration of New Evidence of Identity, Unknown X-816
Ex. 10 US
Army Response to Exhibit 9
Ex. 11 Extract
from Army Regulation
638-2
Ex. 12 Petition
to DPMO for Consideration of New Evidence of Identity, Unknown X-816
Ex. 13 Executive Order 10057
Ex. 15A IDPF
Unidentified Remains X-812_Manila2
Ex. 15B IDPF
Unidentified Remains X-814_Manila2
Ex. 15C IDPF
Unidentified Remains X-815_Manila2
Ex. 15D IDPF
Unidentified Remains X-816_Manila2
Ex. 15E IDPF
Unidentified Remains X-818_Manila2
Ex. 15F IDPF
Unidentified Remains X-820_Manila2
Ex. 15G IDPF
Unidentified Remains X-821_Manila2
Ex. 15H IDPF
Unidentified Remains X-822_Manila2
Ex. 15I IDPF
Unidentified Remains X-823_Manila2
Ex. 15J IDPF
Unidentified Remains X-824_Manila2
Ex. 16A IDPF
Bain__33035131
Ex. 16B IDPF
Collins_6578818
Ex. 16C IDPF
Gutierrez_20843125
Ex. 16D IDPF
Hanscom_6137280
Ex. 16E IDPF
Hirschi_19038407
Ex. 16F IDPF
Kelder_36016623
Ex. 16G IDPF
Kovach_20500764
Ex. 16H IDPF
Lobdell_20645267
Ex. 16I IDPF
Nichols_7009171
Ex. 16J IDPF
Overbey_13035026
Ex. 16K IDPF
Ruark_278681
Ex. 16L IDPF
Simmons_19019886
Ex. 16M IDPF
Waid_19049058
Ex. 16N IDPF
York_Civilian
EXHIBITS TO PLF MO FOR DISCOVERY
Ex. 17 Whitehouse
order to withhold information of atrocities
Ex. 18 Decl of
Chambers
Ex.
19 DPMO
website – Xfiles to be digitized
Ex.
20 DPMO
2013 budget
Ex.
21 Memorandum for record –
JPAC Incident 425
Ex.
22 Declaration of
Rick Stone
EXHIBITS TO PLF MO FOR DECLARATORY JUDGMENT
Ex.
23 Report of Dr.
Richard R. Souviron, DDS, DABFO
Ex.
24 Multiple Burial
Reports Cabanatuan Grave 717
EXHIBITS
TO FIRST AMENDED COMPLAINT
Ex.
25 Kelder
Letter
Ex.
26 Power
of Attorney