February 21, 2024 –
Request for Full Water Modeling Project Attorneys representing Camp Lejeune victims have formally requested the Court to compel the production of the ATSDR water modeling project file in its original, native format. They argue that the government’s proposed method of producing the file in pieces, as per the ESI guidelines, would disrupt its structure and render it largely non-functional.
The water modeling project is a scientific endeavor led by the ATSDR to estimate historical water conditions at the Marine Corps Base Camp Lejeune in North Carolina. It addresses the contamination of drinking water with volatile organic compounds, primarily TCE and PCE, between 1957 and 1987. The plaintiffs’ attorneys highlight the importance of this comprehensive record of historic contamination levels, which contains thousands of files that interlink to form the complete picture of groundwater contamination.
To resolve this issue, the plaintiffs’ attorneys suggest that the government produce a “mirror” copy of the file in its native format, allowing for a side-by-side comparison to ensure data integrity. They argue that producing documents in their native format is crucial when the functionality of such files is at stake, as supported by Federal Rules, case law, and common sense.
February 20, 2024 –
DOJ Response to Summary Judgment Motion The DOJ responded to the motion for summary judgment, arguing against the notion that plaintiffs should receive compensation by merely proving their presence at Camp Lejeune for 30 days and possessing an illness that could be caused by the water. This response is significant as it indicates that there will not be Camp Lejeune jury trials in the short term.
February 15, 2024 –
Jury Trial Appeal Plaintiffs are appealing the order that dismissed all jury trial demands in lawsuits filed under the Camp Lejeune Justice Act. They argue that this decision raises a significant question of law regarding plaintiffs’ entitlement to a jury trial. This appeal is filed on behalf of two cases and is aimed at advancing the litigation process while maintaining the ability to oversee trials and keep the litigation on track.
