Free Proposed Order - District Court of California - California

Case 3:07-cv-03758-SC

Document 130

Filed 02/11/2008

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[PROPOSED] ORDER GRANTING PLS.' MOT. FOR PRELIM. INJ. -- CASE NO. C-07-3758-SC
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UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION VETERANS FOR COMMON SENSE, and VETERANS UNITED FOR TRUTH, INC., Plaintiffs, v. JAMES B. PEAKE, M.D., Secretary of Veterans Affairs, et al., Defendants. [PROPOSED] ORDER GRANTING PLAINTIFFS'MOTION FOR PRELIMINARY INJUNCTION (Fed. R. Civ. P. 65(a); Civil L.R. 65-2) Date:__ March 7, 2008 Time: 10:00 a.m. Ctrm: 1, 17th Floor Complaint Filed July 23, 2007 Case No. C-07-3758-SC

CLASS ACTION

Case 3:07-cv-03758-SC

Document 130

Filed 02/11/2008

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The Court, having reviewed the papers filed in support of and in opposition to Plaintiffs' Motion for Preliminary Injunction, and having heard oral argument thereon, hereby finds and orders as follows: 1. Plaintiffs are likely to prevail on the merits of the claims involved in their request for a

preliminary injunction; 2. 3. The balance of hardships tips decidedly in favor of Plaintiffs; Veterans suffering from PTSD are likely to suffer irreparable injury if the preliminary

injunction is denied; and 4. Consideration of the public interest weighs heavily in favor of granting the Plaintiffs'

Motion for Preliminary Injunction. THEREFORE, the Court grants Plaintiffs' Motion for a Preliminary Injunction pursuant to Rule 65 of the Federal Rules of Civil Procedure and, pending trial on the merits, enjoins Defendants, and each of them, and every person acting in concert with them from doing any of the following: 1. For any veteran who has sought mental health care for post traumatic stress disorder or

traumatic brain injury, from failing or refusing to provide all necessary health care for any disease or condition which is the subject of an existing claim for service-connection, or where a potential claim for service-connection exists; 2. Failing or refusing to provide an immediate thorough evaluation and mental health

care to any veteran who is eligible for medical care under the Five-Year Statute or is otherwise eligible for VA medical care and seeks medical treatment at any VA facility and who self-reports suicidal intentions, or has been the subject of a documented suicide attempt or threat since leaving military service, or who is found by a VA physician or other medical professional to be at risk for suicide, or who demonstrates a risk of suicide applying professionally accepted standards of suicidal risk or ideation. It is so ORDERED.

Dated

HONORABLE SAMUEL CONTI Senior United States District Judge

[PROPOSED] ORDER GRANTING PLS.' MOT. FOR PRELIM. INJ. -- CASE NO. C-07-3758-SC
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