Case: Concerned Pastors for Social Action v. Khouri

2:16-cv-10277 | U.S. District Court for the Eastern District of Michigan

Filed Date: Jan. 27, 2016

Case Ongoing

Clearinghouse coding complete

Case Summary

On January 27, 2016, Concerned Pastors for Social Action filed this lawsuit in the U.S. District Court for the Eastern District of Michigan. The plaintiffs sued the state of Michigan and the city of Flint under the federal Safe Drinking Water Act, 42 U.S.C. §300j-8(a). The plaintiffs, represented by counsel from the ACLU, the Natural Resources Defense Council, and private counsel, sought declaratory and injunctive relief. Specifically, the plaintiffs requested that the court: (1) declare the de…

On January 27, 2016, Concerned Pastors for Social Action filed this lawsuit in the U.S. District Court for the Eastern District of Michigan. The plaintiffs sued the state of Michigan and the city of Flint under the federal Safe Drinking Water Act, 42 U.S.C. §300j-8(a). The plaintiffs, represented by counsel from the ACLU, the Natural Resources Defense Council, and private counsel, sought declaratory and injunctive relief. Specifically, the plaintiffs requested that the court: (1) declare the defendants were in violation of their duties under the Safe Drinking Water Act, (2) enjoin the defendants from continuing to violate the Safe Drinking Water Act, (3) order that the defendants take all steps necessary to remedy their violations, and (4) grant any equitable relief the court deemed necessary to mitigate the health and medical risks faced by Flint residents.

The Safe Drinking Water Act stipulates that cities must mitigate lead in their water. Part of mitigation is taking account of the corrosiveness of the water; the more corrosive the water, the more it breaks down a protective layer surrounding the lead pipes that water is carried in. This protective layer is built up over time and nearly impossible to restore. According to the Safe Drinking Water Act, once a city reaches optimal corrosion treatment, it must maintain the optimal level.

The background of this case is that Flint is a struggling city; more than 40% of its residents live below the poverty level, and nearly 25% of its working age citizens are currently unemployed. In 2011, in response to the economic hardship Flint was facing, Governor Rick Snyder declared a financial emergency. He stripped the elected city officials of their power and installed an Emergency Manager to oversee the city in November 2011. Flint had historically received its drinking water from Detroit. Detroit’s drinking water is drawn from Lake Huron and treated with chemicals to make it less corrosive. Detroit’s water was “finished,” meaning it was safe to drink. In March of 2013, when the price of Detroit’s water rose, Flint's Emergency Manager decided to switch its drinking water source to a new water supply system. This system was based around a new water pipeline that was not scheduled to finish until June 2016.

According to the plaintiff’s complaint, the governor’s appointed Emergency Manager did not want to negotiate with Detroit over its higher prices to supply the city's water until the new pipeline could be finished. In early 2014, the Emergency Manager decided that the Flint River would be the city's water supply in the meantime. At that time, Flint had not treated its own water in nearly 50 years. The Flint River had known problems—swimming in the water was not recommended because of elevated levels of bacteria, fish in the river contained mercury (a neurotoxin) and PCB (a carcinogen), and local industrial and agricultural runoff caused high levels of contamination. In 2011, outside consultants had concluded that, in order to use the Flint River as a drinking water source, the city’s system would need $50 million in upgrades. The Flint Water system did not perform all of these upgrades. They did not undertake the research required by the Safe Drinking Water Act to learn how to optimize corrosion control. Nonetheless, on April 29, 2014, the Flint Water System began pumping Flint River water into the homes of its customers. It did not treat the water to reduce its corrosiveness at all. And it did not attempt to minimize the leaching of lead from its pipes.

The Michigan Department of Environmental Quality (MDEQ), the agency in charge of enforcing the Safe Drinking Water Act in Michigan, started notifying the city of violations of the Safe Drinking Water Act as early as December 2014. The city continued to tell its citizens that the water was safe to drink. After a customer started reporting health problems in her children in early 2015, the EPA, the MDEQ, and the city of Flint were notified of the high levels of lead in the city’s water. No one notified Flint’s residents. After Flint’s situation started garnering more attention, the city expanded its budget in order to buy water from Detroit. But the damage had been done. The lead of the pipe was exposed due the corrosiveness of the Flint River water. Even purchasing water from Detroit could not help—the tap water still contained lead in actionable concentrations. Flint’s mayor declared a state of emergency in Flint in December of 2015. Governor Snyder declared a state of emergency in Genesee County on January 5, 2016.

On January 21, 2016, the EPA used its authority under the Safe Drinking Water Act to issue an Emergency Administrative Order directing the city of Flint, the MDEQ, and the state of Michigan to take certain remedial measures. Although Flint said it would comply with the EPA’s order, the other two necessary decisionmakers, Michigan and the MDEQ, challenged the EPA’s authority. Meanwhile, Flint’s drinking water still posed an imminent health threat to its citizens. This case was filed a week later, and was assigned, randomly, to Judge Mark Goldsmith.

On March 7, 2016, the state defendants filed a motion to dismiss. Primarily, they alleged that the sole authority over the Flint Water Crisis rested with the EPA and that the court did not have subject-matter jurisdiction. Additionally, the state defendants stated that they had Eleventh Amendment protection because the plaintiffs sought relief for “past violations” of the Safe Drinking Water Act; the designation of "past" violation matters because the exception to Eleventh Amendment immunity for state actors is only for prospective declaratory and injunctive relief. The state defendants also noted they were not “owners or operators” of the Flint Water System and therefore could not be sued under the Safe Drinking Water Act.

On March 24, 2016, the plaintiffs requested a preliminary injunction. They asserted that they would be likely to succeed on the merits because the defendants were still failing to adhere to optimal corrosion control or monitor the lead in the water. The named defendants were all “owners and operators” of the Flint Water System—even the state defendants because of their control over the finances and operations of the system due to the appointment of the Emergency Manager. The plaintiffs also asserted irreparable harm—Flint’s drinking water remained unsafe to drink, and portions of Flint’s population lacked reliable alternatives to the tap water.

On April 15, 2016, the defendants asked Judge Goldsmith to recuse himself. In 2014, Judge Goldsmith worked for four weeks in Flint and drank the lead-laden water. The defendants asked the court to consider the “appearance of . . . impropriety.” On April 26, 2016, Judge Goldsmith recused himself over the protests of the plaintiffs, who thought his recusal might cause too long of a delay. By a second random draw, Judge David M. Lawson was assigned to the case.

On July 2, 2016, Judge Lawson denied the defendants' motion to dismiss. The court reasoned that under the Administrative Procedure Act, district courts could review EPA compliance orders, despite the assertion that only a circuit court could issue judicial review. As for the specific compliance orders regarding the Safe Drinking Water Act, the court determined that the plaintiffs were not seeking an appeal of a final determination of an EPA compliance order, because they were not subject to the compliance order and would probably like to see the order enforced. Because the suit was entirely collateral to the EPA compliance order, the court determined that it had subject-matter jurisdiction. The court also declined to abstain from the case under the primary jurisdiction doctrine, and found that the relief requested by the plaintiffs was prospective and therefore excluded the state defendants from Eleventh Amendment immunity. (The harm was “not, as the defendants would read it, the damage to the lead service pipes, [but i]nstead, the harm is the continued leaching of lead into the drinking water.”) Finally, the court determined that the plaintiffs had alleged enough facts to determine that the state actors were indeed operators of the Water System, despite CERCLA precedent that seemed to indicate the contrary. 194 F. Supp. 3d. 589.

On November 10, 2016, the court granted the plaintiffs’ motion for preliminary relief. The court agreed with the plaintiffs that they were likely to succeed on the merits and that at least some Flint residents struggled to obtain the water that they needed to sustain themselves. Accordingly, the court ordered the defendants to provide door-to-door water bottle delivery to all non-exempt houses serviced by the Flint Water System. Exempt houses were those that had a filter, those that refused to permit a water filter to be installed, those that affirmatively opted out of the filter service, and those that were non-occupied. Additionally, the defendants were ordered to provide updated information about the status of the water supply to residents; the information was to be presented in English, Spanish, Chinese, Arabic, and Hmong, so that it would be accessible to the vast majority of the houses serviced by the system. 2016 WL 6647348.

On November 17, 2016, the defendants filed an emergency motion to stay the preliminary injunction pending the appeal of the decision with the Sixth Circuit. Notice of the appeal was filed with the court on November 21, 2016. On December 2, 2016, the district court denied a motion to stay, believing that the Sixth Circuit was unlikely to find for the defendants.

The lower court was proven correct. On December 16, 2016, the Sixth Circuit, in a per curiam decision joined by Judges Keith and Donald, denied the defendants’ motion to stay. It also held that the defendants had only a slim likelihood of success on the merits and were unlikely to be irreparably harmed by the preliminary injunction. Judge Sutton dissented, believing that the defendants had a strong likelihood of success on the merits. Judge Sutton also advised that the parties "talk to each other," stating “everyone has the same interests in mind: delivery of safe water.” 844 F.3d 546. (Sutton, J., dissenting).

The parties did end up talking to each other—by March 27, 2017, they reached a settlement. The defendants agreed to replace the lead service lines to at least 18,000 households served by the Flint Water System. The city agreed to excavate pipes and replace any lead pipe it discovered with copper pipe at no cost to the recipient. This was to be accomplished within three years of the effective date. The state of Michigan agreed to allocate $87,000,000 to the replacement of the service lines. Flint’s water was to be monitored regularly for consecutive 6 month periods. Water samples collected by the defendants were to be reviewed by an independent monitor. Discontinuation of funding for the monitoring program was to occur in the event that the 90th percentile of lead in the water samples contained below-actionable levels of lead for two consecutive 6-month periods. The defendants were also instructed to expand their installation and maintenance of and education on water filters.

The defendants were to continue distributing water until May 1, 2017. On May 1, the defendants could start closing points of distribution if the average number of daily bottle pickups was less than 20 for the first three weeks of the previous month and the point of distribution provided clear notice of their impending closure for at least a week. The state defendants were directed to maintain health programs, like the Medicaid expansion, the Elevated Blood Lead Level Case Management service, the Michigan Food Pantry expansion, and the Child and Adolescent Health Center expansion.

The settlement also provided for $895,000 in attorneys' fees for the plaintiffs' counsel and for the court to maintain jurisdiction in order to enforce the settlement. On March 27, 2017, the court issued an order approving the settlement agreement and dismissing the case. Accordingly, on March 31, 2017, the Sixth Circuit dismissed the appeal of the preliminary injunction.

On December 27, 2017, the plaintiffs sought judicial enforcement of the information sharing provisions of the settlement agreement (paragraphs 117 and 118). The plaintiffs alleged that, for nine months, the state was not complying with these provisions, as they had failed to provide the plaintiffs with timely, accurate, and complete status reports and timely responses to the plaintiffs’ requests for additional information. There were three particular areas on which the state failed to provide status reports: (1) verification of filter installations following service line replacements, (2) a maintained list of addresses of the residents who refused to grant the city permission to replace their service lines and (3) the notification of new water system customers to CORE staff so these individuals could provide filter services promptly. Because this non-compliance made it difficult for the plaintiffs to enforce the agreement, they sought a more extensive reporting and certification process and greater oversight from the court. On March 15, 2018, Judge Lawson granted the plaintiffs' request.

The plaintiffs filed another motion to enforce the settlement agreement on June 21, 2018. This time, the plaintiffs alleged further noncompliance. Under the agreement, paragraph 29 required the city to conduct 18,000 excavations to replace the lead and galvanized steel pipes with copper ones. While the agreement required a minimum of 18,000 excavations it was unclear how many lead and steel services were actually located in the city. Therefore, the city was required to excavate at least 6,000 lines and use the data from those excavations to estimate (1) whether it was likely that more than 18,000 of these pipes existed within the city and (2) whether the $97 million in funding allocated under the agreement would sufficiently cover the cost of excavation and replacement, or if the state needed to find additional funding. Paragraph 30 required the state to commission a report as to their findings from the initial excavations. The state submitted its report on February 8, 2018, stating that it found lead and galvanized steel service lines at roughly 70.7% of the 8,843 homes where excavations were conducted. It concluded (1) it was not reasonably likely that there were more than 18,000 of these service lines within the city and (2) the $97 million in funding would reasonably cover the costs for the remainder of the excavations. The city reached this conclusion by assuming that the 70% rate would continue to drop each year. In their motion, the plaintiffs alleged that the city’s conclusions were based on flawed methods and presumptions and requested the court to order the city to revise its conclusions based on sound methods conducted by experts.

Before this motion resolved, the plaintiffs filed a motion to also have paragraphs 38 and 117 of the agreement enforced by the court. The settlement agreement required the city to take steps to ensure the health and safety of all city residents during and after the excavations. Specifically, paragraph 38 required the city to install a faucet filter at each home immediately after its service line is replaced to reduce the risk of increased lead levels in the water. Paragraph 117 required the city to produce a quarterly status report regarding this progress. The plaintiffs alleged that, according to the city’s quarterly report on May 25th, the city had delayed installation of filtration faucets and inadequately documented and reported filter verification efforts. The plaintiffs requested that the court force the city to comply with these two provisions of the agreement.

After a consolidated hearing on the two outstanding enforcement motions, Judge Lawson ordered the enforcement of paragraphs 38 and 117 on September 10, 2018. Judge Lawson ordered the city to attempt proper filter installation within three business days of service line replacement and to provide the plaintiffs with weekly reports describing the city’s filter installation processes. The plaintiffs filed a supplemental brief that enforcement of these paragraphs would render the previous motion unnecessary. The plaintiffs withdrew their motion to enforce paragraphs 29 and 30 and Judge Lawson subsequently dismissed the motion as moot on October 5.

The court first amended the settlement agreement on March 26, 2019. The amendments focused on an excavation list that would consist of addresses of occupied residential homes in Flint with the highest likelihood of having lead or galvanized steel service lines, based on a predictive model. Two months later, the court amended the settlement agreement for the second time. These amendments focused on the state's and city's obligations to complete initial visits to check the new Flint Water System customers. 

On September 4, 2020, the plaintiffs filed their fourth motion to enforce the settlement agreement. This time the plaintiffs alleged even further noncompliance: (1) the city of Flint refused to conduct excavations and service line replacements in two neighborhoods within the city; (2) the city had not complied with the monitoring requirements of the Lead and Copper Rule for checking lead levels; (3) the city had fallen far short of its obligation to report on time information about its service line replacement activities, including its in-person outreach to residents; and (4) the city had not conducted mail and in-person outreach to residents to obtain their permission to conduct excavations and replacements in the manner contemplated by the settlement agreement.

On October 13, 2020, the court granted in part the plaintiffs' motion to enforce the settlement agreement and ordered the city to remedy all outreach violations by October 20 by conducting in-person visits to affected homes. It required the city of Flint to conduct excavations at all homes in the University Park and Smith Village neighborhoods, to comply with the monitoring requirements of the Lead and Copper Rule by identifying 60 water sample sites that the city confirmed meet the high-risk criteria, to report on time information about its service line replacement activities, and to obtain residents' permission to conduct excavations and replacements.

The case is ongoing.

Summary Authors

Megan Brown (5/11/2017)

Mackenzie Walz (11/5/2018)

Calvin Kim (3/20/2022)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/4513553/parties/concerned-pastors-for-social-action-v-khouri/


Judge(s)

Davis, Stephanie Dawkins (Michigan)

Donald, Bernice Bouie (Tennessee)

Goldsmith, Mark Allan (Michigan)

Keith, Damon Jerome (Michigan)

Lawson, David M. (Michigan)

Sutton, Jeffrey S. (Ohio)

Attorneys(s) for Plaintiff

Chaudhary, Dimple (District of Columbia)

Fort, Sarah V. (District of Columbia)

Kitaba, Bonsitu A. (Michigan)

Knicley, Jared E. (District of Columbia)

Judge(s)

Davis, Stephanie Dawkins (Michigan)

Donald, Bernice Bouie (Tennessee)

Goldsmith, Mark Allan (Michigan)

Keith, Damon Jerome (Michigan)

Lawson, David M. (Michigan)

Sutton, Jeffrey S. (Ohio)

Attorneys(s) for Plaintiff

Chaudhary, Dimple (District of Columbia)

Fort, Sarah V. (District of Columbia)

Kitaba, Bonsitu A. (Michigan)

Knicley, Jared E. (District of Columbia)

Merriweather-Tucker, Brooke A. (Michigan)

Shea, David J. (Michigan)

Simmington, Glenn M. (Michigan)

Steinberg, Michael J. (Michigan)

Tallman, Sarah C. (Illinois)

Wall, Michael Edwin (California)

Attorneys(s) for Defendant

Berg, Frederick A. (Michigan)

Booth, Joshua O. (Michigan)

Gambill, Nathan A. (Michigan)

Kim, William Young (Michigan)

Klein, Sheldon H. (Michigan)

Kuhl, Richard S. (Michigan)

Murphy, Michael F (Michigan)

Oakes, Stacy Erwin (Michigan)

Wheeler, Angela N. (Michigan)

Other Attorney(s)

Driker, Eugene (Michigan)

Mendel, Todd R. (Michigan)

Documents in the Clearinghouse

Document

2:16-cv-10277

Docket [PACER]

May 18, 2020

May 18, 2020

Docket
1

2:16-cv-10277

Complaint for Declaratory and Injunctive Relief

Jan. 27, 2016

Jan. 27, 2016

Complaint
60

2:16-cv-10277

Order Allowing Preliminary Discovery

May 31, 2016

May 31, 2016

Order/Opinion
62

2:16-cv-10277

Opinion and Order Denying Defendants' Motion to Dismiss

July 7, 2016

July 7, 2016

Order/Opinion
96

2:16-cv-10277

Opinion and Order Granting Plaintiffs' Motion for Preliminary Injunction

Nov. 10, 2016

Nov. 10, 2016

Order/Opinion
108

2:16-cv-10277

Opinion and Order Denying Motion to Stay Preliminary Injunction

Dec. 2, 2016

Dec. 2, 2016

Order/Opinion
34

16-02628

Order

U. S. Court of Appeals for the Sixth Circuit

Dec. 16, 2016

Dec. 16, 2016

Order/Opinion
147

2:16-cv-10277

Settlement Agreement

March 27, 2017

March 27, 2017

Settlement Agreement
155

2:16-cv-10277

Plaintiffs' Motion to Enforce Settlement Agreement

Dec. 27, 2017

Dec. 27, 2017

Pleading / Motion / Brief
163

2:16-cv-10277

Stipulation Regarding Plaintiffs' Motion to Enforce Settlement Agreement

Concerned Pastors v. Khouri

March 15, 2018

March 15, 2018

Pleading / Motion / Brief

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4513553/concerned-pastors-for-social-action-v-khouri/

Last updated Sept. 4, 2022, 3:17 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT filed by American Civil Liberties Union of Michigan, Melissa Mays, Concerned Pastors for Social Action, Natural Resources Defense Council, Inc. against All Defendants. Plaintiff requests summons issued. Receipt No: 0645-5524333 - Fee: $ 400. County of 1st Plaintiff: Genesee - County Where Action Arose: Genesee - [Previously dismissed case: No] [Possible companion case(s): None] (Attachments: # 1 Exhibit A - November 16, 2015 Notice Letter) (Chaudhary, Dimple) (Entered: 01/27/2016)

1 Exhibit A - November 16, 2015 Notice Letter

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Jan. 27, 2016

Jan. 27, 2016

Clearinghouse
2

STATEMENT of DISCLOSURE of CORPORATE AFFILIATIONS and FINANCIAL INTEREST by Concerned Pastors for Social Action (Chaudhary, Dimple) (Entered: 01/27/2016)

Jan. 27, 2016

Jan. 27, 2016

PACER
3

STATEMENT of DISCLOSURE of CORPORATE AFFILIATIONS and FINANCIAL INTEREST by Natural Resources Defense Council, Inc. (Chaudhary, Dimple) (Entered: 01/27/2016)

Jan. 27, 2016

Jan. 27, 2016

PACER
4

SUMMONS Issued for *Michael A. Finney, Flint, City of, Frederick Headen, Natasha Henderson, Nick A. Khouri, David McGhee, Michael A. Townsend, Beverly Walker-Griffea* (DAll) (Entered: 01/27/2016)

Jan. 27, 2016

Jan. 27, 2016

PACER

A United States Magistrate Judge of this Court is available to conduct all proceedings in this civil action in accordance with 28 U.S.C. 636c and FRCP 73. The Notice, Consent, and Reference of a Civil Action to a Magistrate Judge form is available for download at http://www.mied.uscourts.gov (DAll)

Jan. 27, 2016

Jan. 27, 2016

PACER
5

NOTICE of Appearance by Michael J. Steinberg on behalf of All Plaintiffs. (Steinberg, Michael) (Entered: 01/27/2016)

Jan. 27, 2016

Jan. 27, 2016

PACER
6

STATEMENT of DISCLOSURE of CORPORATE AFFILIATIONS and FINANCIAL INTEREST by All Plaintiffs (Steinberg, Michael) (Entered: 01/27/2016)

Jan. 27, 2016

Jan. 27, 2016

PACER
7

NOTICE of Appearance by Sarah C. Tallman on behalf of Concerned Pastors for Social Action, Melissa Mays, Natural Resources Defense Council, Inc.. (Tallman, Sarah) (Entered: 01/28/2016)

Jan. 28, 2016

Jan. 28, 2016

PACER
8

NOTICE of Appearance by Brooke A. Merriweather-Tucker on behalf of All Plaintiffs. (Merriweather-Tucker, Brooke) (Entered: 01/28/2016)

Jan. 28, 2016

Jan. 28, 2016

PACER
9

ATTORNEY APPEARANCE: Glenn M. Simmington appearing on behalf of Melissa Mays (Simmington, Glenn) (Entered: 01/29/2016)

Jan. 29, 2016

Jan. 29, 2016

PACER
10

CERTIFICATE of Service/Summons Returned Executed. All Defendants. (Attachments: # 1 Index of Exhibits, # 2 Exhibit A - Summons for Nick A. Khouri and U.S. Certified Mail Receipt, # 3 Exhibit B - Summons for Frederick Headen and U.S. Certified Mail Receipt, # 4 Exhibit C - Summons for Michael A. Townsend and U.S. Certified Mail Receipt, # 5 Exhibit D - Summons for David McGhee and U.S. Certified Mail Receipt, # 6 Exhibit E - Summons for Michael A. Finney and U.S. Certified Mail Receipt, # 7 Exhibit F - Summons for Beverly Walker-Griffea and U.S. Certified Mail Receipt, # 8 Exhibit G - Summons for Natasha Henderson and U.S. Certified Mail Receipt, # 9 Exhibit H - Summons for City of Flint and U.S. Certified Mail Receipt) (Tallman, Sarah) (Entered: 02/09/2016)

1 Index of Exhibits

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2 Exhibit A - Summons for Nick A. Khouri and U.S. Certified Mail Receipt

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3 Exhibit B - Summons for Frederick Headen and U.S. Certified Mail Receipt

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4 Exhibit C - Summons for Michael A. Townsend and U.S. Certified Mail Receipt

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5 Exhibit D - Summons for David McGhee and U.S. Certified Mail Receipt

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6 Exhibit E - Summons for Michael A. Finney and U.S. Certified Mail Receipt

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7 Exhibit F - Summons for Beverly Walker-Griffea and U.S. Certified Mail Receipt

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8 Exhibit G - Summons for Natasha Henderson and U.S. Certified Mail Receipt

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9 Exhibit H - Summons for City of Flint and U.S. Certified Mail Receipt

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Feb. 9, 2016

Feb. 9, 2016

PACER
11

NOTICE of Appearance by Michael F. Murphy on behalf of Michael A. Finney, Frederick Headen, Nick A. Khouri, David McGhee, Michael A. Townsend, Beverly Walker-Griffea. (Murphy, Michael) (Entered: 02/11/2016)

Feb. 11, 2016

Feb. 11, 2016

PACER
12

MOTION for Extension of Time to File Answer by Michael A. Finney, Frederick Headen, Nick A. Khouri, David McGhee, Michael A. Townsend, Beverly Walker-Griffea. (Murphy, Michael) (Entered: 02/17/2016)

Feb. 17, 2016

Feb. 17, 2016

PACER
13

RESPONSE to 12 MOTION for Extension of Time to File Answer filed by All Plaintiffs. (Chaudhary, Dimple) (Entered: 02/17/2016)

Feb. 17, 2016

Feb. 17, 2016

PACER
14

NOTICE of Appearance by Joshua O. Booth on behalf of Michael A. Finney, Frederick Headen, Nick A. Khouri, David McGhee, Michael A. Townsend, Beverly Walker-Griffea. (Booth, Joshua) (Entered: 02/18/2016)

Feb. 18, 2016

Feb. 18, 2016

PACER
15

REPLY to Response re 12 MOTION for Extension of Time to File Answer filed by Michael A. Finney, Frederick Headen, Nick A. Khouri, David McGhee, Michael A. Townsend, Beverly Walker-Griffea. (Murphy, Michael) (Entered: 02/18/2016)

Feb. 18, 2016

Feb. 18, 2016

PACER
16

NOTICE by Michael A. Finney, Frederick Headen, Nick A. Khouri, David McGhee, Michael A. Townsend, Beverly Walker-Griffea (Murphy, Michael)[NOTICE OF SCREENING DEVICE] Modified on 2/18/2016 (DPer). (Entered: 02/18/2016)

Feb. 18, 2016

Feb. 18, 2016

PACER
17

ORDER Granting State Defenadnts' Motion for an Extension of time to File Responsive Peadings (Dkt. 12 ) Michael A. Finney answer due 3/7/2016; Frederick Headen answer due 3/7/2016; Nick A. Khouri answer due 3/7/2016; David McGhee answer due 3/7/2016; Michael A. Townsend answer due 3/7/2016; Beverly Walker-Griffea answer due 3/7/2016. Signed by District Judge Mark A. Goldsmith. (Sandusky, K) (Entered: 02/22/2016)

Feb. 22, 2016

Feb. 22, 2016

PACER
19

ORDER Striking Document (Dkt. 18 ). Signed by District Judge Mark A. Goldsmith. (Sandusky, K) (Entered: 02/26/2016)

Feb. 26, 2016

Feb. 26, 2016

PACER
20

MOTION for Extension of Time to File Answer by Flint, City of, Natasha Henderson. (Attachments: # 1 Index of Exhibits, # 2 Exhibit A: Grisi Affidavit, # 3 Exhibit B: Kammer Affidavit) (Kim, William) (Entered: 02/26/2016)

1 Index of Exhibits

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2 Exhibit A: Grisi Affidavit

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3 Exhibit B: Kammer Affidavit

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Feb. 26, 2016

Feb. 26, 2016

PACER
21

ORDER Granting City Defendants' Motion for an Extension of Time to File Responsive Pleadings (Dkt. 20 ). Responsive Pleadings due by 3/7/2016. Signed by District Judge Mark A. Goldsmith. (Sandusky, K) (Entered: 02/29/2016)

Feb. 29, 2016

Feb. 29, 2016

PACER
22

MOTION to Dismiss Pre-Answer by Flint, City of, Natasha Henderson. (Attachments: # 1 Index of Exhibits, # 2 Exhibit A, # 3 Exhibit B) (Kim, William) (Entered: 03/07/2016)

1 Index of Exhibits

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2 Exhibit A

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3 Exhibit B

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March 7, 2016

March 7, 2016

PACER
23

MOTION to Dismiss by Michael A. Finney, Frederick Headen, Nick A. Khouri, David McGhee, Michael A. Townsend, Beverly Walker-Griffea. (Attachments: # 1 Index of Exhibits, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4) (Murphy, Michael) (Entered: 03/07/2016)

1 Index of Exhibits

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2 Exhibit 1

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3 Exhibit 2

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4 Exhibit 3

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5 Exhibit 4

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March 7, 2016

March 7, 2016

PACER
24

NOTICE TO APPEAR: Status Conference set for 4/6/2016 at 10:00 AM before District Judge Mark A. Goldsmith. (Sandusky, K) (Entered: 03/18/2016)

March 18, 2016

March 18, 2016

PACER
25

Ex Parte MOTION for Leave to File Excess Pages by All Plaintiffs. (Chaudhary, Dimple) (Entered: 03/18/2016)

March 18, 2016

March 18, 2016

PACER

TEXT-ONLY ORDER: Upon review, the Court grants Plaintiffs' ex parte motion for leave to file excess pages (Dkt. 25 ). SO ORDERED.. Signed by District Judge Mark A. Goldsmith. (Sandusky, K)

March 21, 2016

March 21, 2016

PACER
26

Ex Parte MOTION for Leave to File Exhibit in the Traditional Manner by All Plaintiffs. (Tallman, Sarah) (Entered: 03/23/2016)

March 23, 2016

March 23, 2016

PACER
27

MOTION for Preliminary Injunction by All Plaintiffs. (Attachments: # 1 Index of Exhibits, # 2 Exhibit A - Declaration of Tracy Collins, # 3 Exhibit B - Declaration of Desiree Duell, # 4 Exhibit C - Declaration of Lizzie Fordham, # 5 Exhibit D - Declaration of Daniel E. Giammar, # 6 Exhibit E - Declaration of Pastor Alfred L. Harris, Sr., # 7 Exhibit F - Declaration of Amber Hasan, # 8 Exhibit G - Declaration of Charlotte Lancaster, # 9 Exhibit H - Declaration of Bruce L. Lanphear, # 10 Exhibit I - Declaration of Melissa Mays, # 11 Exhibit J - Declaration of Dorothy McClanahan, # 12 Exhibit K - Declaration of Kary L. Moss, # 13 Exhibit L - Declaration of Billy Newsom, # 14 Exhibit M - Declaration of Pastor Allen C. Overton, # 15 Exhibit N - Declaration of Maryum Rasool, # 16 Exhibit O - Declaration of Cynthia J. Roper, # 17 Exhibit P - Declaration of Gina Trujillo, # 18 Exhibit Q - Declaration of Ashley Williams, # 19 Exhibit R - Declaration of Dimple Chaudhary) (Chaudhary, Dimple) (Entered: 03/24/2016)

1 Index of Exhibits

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2 Exhibit A - Declaration of Tracy Collins

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3 Exhibit B - Declaration of Desiree Duell

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4 Exhibit C - Declaration of Lizzie Fordham

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5 Exhibit D - Declaration of Daniel E. Giammar

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6 Exhibit E - Declaration of Pastor Alfred L. Harris, Sr.

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7 Exhibit F - Declaration of Amber Hasan

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8 Exhibit G - Declaration of Charlotte Lancaster

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9 Exhibit H - Declaration of Bruce L. Lanphear

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10 Exhibit I - Declaration of Melissa Mays

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11 Exhibit J - Declaration of Dorothy McClanahan

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12 Exhibit K - Declaration of Kary L. Moss

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13 Exhibit L - Declaration of Billy Newsom

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14 Exhibit M - Declaration of Pastor Allen C. Overton

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15 Exhibit N - Declaration of Maryum Rasool

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16 Exhibit O - Declaration of Cynthia J. Roper

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17 Exhibit P - Declaration of Gina Trujillo

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18 Exhibit Q - Declaration of Ashley Williams

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19 Exhibit R - Declaration of Dimple Chaudhary

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March 24, 2016

March 24, 2016

PACER
28

EXHIBIT S - Plaintiffs' Appendix (pp. i-58) re 27 MOTION for Preliminary Injunction by All Plaintiffs (Attachments: # 1 Document Continuation Plaintiffs' Appendix pp. 59-90, # 2 Document Continuation Plaintiffs' Appendix pp. 91-145, # 3 Document Continuation Plaintiffs' Appendix pp. 146-251, # 4 Document Continuation Plaintiffs' Appendix pp. 252-364, # 5 Document Continuation Plaintiffs' Appendix pp. 365-413, # 6 Document Continuation Plaintiffs' Appendix pp. 414-588, # 7 Document Continuation Plaintiffs' Appendix pp. 589-655) (Chaudhary, Dimple) (Entered: 03/24/2016)

1 Document Continuation Plaintiffs' Appendix pp. 59-90

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2 Document Continuation Plaintiffs' Appendix pp. 91-145

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3 Document Continuation Plaintiffs' Appendix pp. 146-251

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4 Document Continuation Plaintiffs' Appendix pp. 252-364

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5 Document Continuation Plaintiffs' Appendix pp. 365-413

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6 Document Continuation Plaintiffs' Appendix pp. 414-588

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7 Document Continuation Plaintiffs' Appendix pp. 589-655

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March 24, 2016

March 24, 2016

PACER

TEXT-ONLY ORDER: Upon review, the Court grants Plaintiffs' motion for leave to file an exhibit in the traditional manner (Dkt. 26 ). SO ORDERED. Signed by District Judge Mark A. Goldsmith. (Sandusky, K)

March 28, 2016

March 28, 2016

PACER
29

NOTICE by All Plaintiffs re 27 MOTION for Preliminary Injunction (Notice of Filing Exhibit in the Traditional Manner) (Tallman, Sarah) (Entered: 03/29/2016)

March 29, 2016

March 29, 2016

PACER
30

EXHIBIT R re 27 MOTION for Preliminary Injunction by American Civil Liberties Union of Michigan [FILED IN THE TRADITIONAL MANNER - Placed on shelf] (SSch) (Entered: 03/30/2016)

March 29, 2016

March 29, 2016

PACER
31

RESPONSE to 22 MOTION to Dismiss Pre-Answer filed by All Plaintiffs. (Attachments: # 1 Declaration of Jared Knicley) (Chaudhary, Dimple) (Entered: 03/31/2016)

1 Declaration of Jared Knicley

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March 31, 2016

March 31, 2016

PACER
32

RESPONSE to 23 MOTION to Dismiss filed by All Plaintiffs. (Attachments: # 1 Declaration of Sarah C. Tallman) (Chaudhary, Dimple) (Entered: 03/31/2016)

1 Declaration of Sarah C. Tallman

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March 31, 2016

March 31, 2016

PACER
33

DECLARATION by Sarah C. Tallman re 32 Response to Motion (Amended Declaration) filed by All Plaintiffs (Attachments: # 1 Index of Exhibits, # 2 Exhibit 1 - Letter from Susan Hedman to Dimple Chaudhary (Dec. 10, 2015), # 3 Exhibit 2 - Letter from Mark Pollins to Keith Creagh et al. (Feb. 19, 2016)) (Chaudhary, Dimple) (Entered: 04/01/2016)

1 Index of Exhibits

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2 Exhibit 1 - Letter from Susan Hedman to Dimple Chaudhary (Dec. 10, 2015)

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3 Exhibit 2 - Letter from Mark Pollins to Keith Creagh et al. (Feb. 19, 2016)

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April 1, 2016

April 1, 2016

PACER

Minute Entry for proceedings before District Judge Mark A. Goldsmith: Status Conference held on 4/6/2016. (Court Reporter: David Yarbrough) (Sandusky, K)

April 6, 2016

April 6, 2016

PACER
34

NOTICE OF HEARING on 23 MOTION to Dismiss, 22 MOTION to Dismiss Pre-Answer, 27 MOTION for Preliminary Injunction . Motion Hearing set for 5/11/2016 at 09:30 AM before District Judge Mark A. Goldsmith. (Sandusky, K) (Entered: 04/06/2016)

April 6, 2016

April 6, 2016

PACER

TEXT-ONLY ORDER: As stated on the record during the status conference held on April 6, 2016, any objections to the Court's continued participation in this matter shall be filed on or before April 15, 2016. SO ORDERED. Signed by District Judge Mark A. Goldsmith. (Sandusky, K)

April 6, 2016

April 6, 2016

PACER
35

[STRICKEN PER 05/02/16 ORDER] NOTICE by All Plaintiffs Notice of Motion to Consolidate (Attachments: # 1 Exhibit) (Shea, David) Modified on 5/2/2016 (DPer). (Entered: 04/12/2016)

April 12, 2016

April 12, 2016

PACER
36

NOTICE of Appearance by Frederick A. Berg on behalf of Flint, City of. (Berg, Frederick) (Entered: 04/13/2016)

April 13, 2016

April 13, 2016

PACER
37

NOTICE of Appearance by Sheldon H. Klein on behalf of Flint, City of. (Klein, Sheldon) (Entered: 04/13/2016)

April 13, 2016

April 13, 2016

PACER
38

Ex Parte MOTION for Leave to File Excess Pages by Michael A. Finney, Frederick Headen, Nick A. Khouri, David McGhee, Michael A. Townsend, Beverly Walker-Griffea. (Murphy, Michael) (Entered: 04/14/2016)

April 14, 2016

April 14, 2016

PACER

TEXT-ONLY ORDER: Upon review, the Court grants Defendants' motion for leave to file excess pages (Dkt. 38 ). SO ORDERED. Signed by District Judge Mark A. Goldsmith. (Sandusky, K)

April 14, 2016

April 14, 2016

PACER
39

REPLY to Response re 23 MOTION to Dismiss filed by Michael A. Finney, Frederick Headen, Nick A. Khouri, David McGhee, Michael A. Townsend, Beverly Walker-Griffea. (Attachments: # 1 Exhibit 1) (Murphy, Michael) (Entered: 04/14/2016)

1 Exhibit 1

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April 14, 2016

April 14, 2016

PACER
40

RESPONSE to 27 MOTION for Preliminary Injunction filed by Michael A. Finney, Frederick Headen, Nick A. Khouri, David McGhee, Michael A. Townsend, Beverly Walker-Griffea. (Attachments: # 1 Index of Exhibits, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C) (Murphy, Michael) (Entered: 04/14/2016)

1 Index of Exhibits

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2 Exhibit A

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3 Exhibit B

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4 Exhibit C

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April 14, 2016

April 14, 2016

PACER
41

REPLY to Response re 22 MOTION to Dismiss Pre-Answer filed by Flint, City of, Natasha Henderson. (Kim, William) (Entered: 04/14/2016)

April 14, 2016

April 14, 2016

PACER
42

RESPONSE to 27 MOTION for Preliminary Injunction filed by Flint, City of. (Attachments: # 1 Index of Exhibits, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F, # 8 Exhibit G, # 9 Exhibit H, # 10 Exhibit I, # 11 Exhibit J, # 12 Exhibit K, # 13 Exhibit L, # 14 Exhibit M, # 15 Exhibit N, # 16 Exhibit O, # 17 Exhibit P, # 18 Exhibit Q, # 19 Exhibit R, # 20 Exhibit S, # 21 Exhibit T) (Klein, Sheldon) (Entered: 04/14/2016)

1 Index of Exhibits

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2 Exhibit A

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3 Exhibit B

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4 Exhibit C

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5 Exhibit D

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6 Exhibit E

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7 Exhibit F

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8 Exhibit G

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9 Exhibit H

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10 Exhibit I

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11 Exhibit J

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12 Exhibit K

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13 Exhibit L

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14 Exhibit M

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15 Exhibit N

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16 Exhibit O

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17 Exhibit P

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18 Exhibit Q

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19 Exhibit R

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20 Exhibit S

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21 Exhibit T

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April 14, 2016

April 14, 2016

PACER
43

NOTICE by Michael A. Finney, Frederick Headen, Nick A. Khouri, David McGhee, Michael A. Townsend, Beverly Walker-Griffea Objections (Murphy, Michael) (Entered: 04/15/2016)

April 15, 2016

April 15, 2016

PACER
44

NOTICE by All Plaintiffs re Text-Only Order, 43 Notice (Other) (Response to State Defendants' Objections to Continuation of Case with Hon. Mark A. Goldsmith) (Chaudhary, Dimple) (Entered: 04/20/2016)

April 20, 2016

April 20, 2016

PACER
45

ORDER of DISQUALIFICATION and REASSIGNING CASE from District Judge Mark A. Goldsmith to District Judge David M. Lawson. (SSch) (Entered: 04/26/2016)

April 26, 2016

April 26, 2016

PACER
46

MOTION for Extension of Time to File Response/Reply as to 27 MOTION for Preliminary Injunction by All Plaintiffs. (Attachments: # 1 Index of Exhibits, # 2 Exhibit 1 - Morris v. Berghuis, # 3 Exhibit 2 - Hydropartners, LLC v. Econergy Energy Generation Ltd., # 4 Exhibit 3 - Henry v. Allstate Prop. & Cas. Co., # 5 Exhibit 4 - Declaration of Dimple Chaudhary) (Chaudhary, Dimple) (Entered: 04/27/2016)

1 Index of Exhibits

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2 Exhibit 1 - Morris v. Berghuis

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3 Exhibit 2 - Hydropartners, LLC v. Econergy Energy Generation Ltd.

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4 Exhibit 3 - Henry v. Allstate Prop. & Cas. Co.

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5 Exhibit 4 - Declaration of Dimple Chaudhary

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April 27, 2016

April 27, 2016

PACER
47

ORDER Granting 46 Motion for Extension of Time to File Reply. Signed by District Judge David M. Lawson. (SPin) (Entered: 04/29/2016)

April 28, 2016

April 28, 2016

PACER

TEXT-ONLY NOTICE: Preliminary Injunction Hearing on 5/11/2016 is Cancelled; Motions to Dismiss will be heard 5/11/2016 at 11:00 AM before Judge David M. Lawson in Room 716. (SPin)

May 2, 2016

May 2, 2016

PACER
48

NOTICE OF HEARING on 23 MOTION to Dismiss and 22 MOTION to Dismiss Pre-Answer. Motion Hearing reset for 5/11/2016 at 11:00 AM before District Judge David M. Lawson. (SPin) (Entered: 05/02/2016)

May 2, 2016

May 2, 2016

PACER
49

ORDER striking 35 Notice of motion to consolidate. Signed by District Judge David M. Lawson. (DPer) (Entered: 05/02/2016)

May 2, 2016

May 2, 2016

PACER
50

NOTICE of Appearance by Nathan A. Gambill on behalf of Michael A. Finney, Frederick Headen, Nick A. Khouri, David McGhee, Michael A. Townsend, Beverly Walker-Griffea. (Gambill, Nathan) (Entered: 05/02/2016)

May 2, 2016

May 2, 2016

PACER
51

MOTION to Adjourn 48 Notice of Hearing on Motion to Dismiss by All Plaintiffs. (Attachments: # 1 Exhibit 1 - Chubb Custom Ins. Co. v. Grange Mut. Cas. Co.) (Tallman, Sarah) (Entered: 05/02/2016)

1 Exhibit 1 - Chubb Custom Ins. Co. v. Grange Mut. Cas. Co.

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May 2, 2016

May 2, 2016

PACER
52

MOTION for Continuance of Deadline to File Reply in Support of Motion for a Preliminary Injunction re 27 MOTION for Preliminary Injunction by All Plaintiffs. (Attachments: # 1 Index of Exhibits, # 2 Exhibit 1 - Morris v. Berghuis, # 3 Exhibit 2 - Psychopathic Records Inc. v. Anderson, # 4 Exhibit 3 - Hydropartners, LLC v. Econergy Energy Generation Ltd.) (Chaudhary, Dimple) (Entered: 05/03/2016)

1 Index of Exhibits

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2 Exhibit 1 - Morris v. Berghuis

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3 Exhibit 2 - Psychopathic Records Inc. v. Anderson

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4 Exhibit 3 - Hydropartners, LLC v. Econergy Energy Generation Ltd.

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May 3, 2016

May 3, 2016

PACER

Set/Reset Hearing as to 23 MOTION to Dismiss and 22 MOTION to Dismiss Pre-Answer. Motion Hearing reset for 5/13/2016 at 8:30 AM before District Judge David M. Lawson. (SPin)

May 4, 2016

May 4, 2016

PACER
53

ORDER Denying in Part 51 Motion to Adjourn Hearing on Motions to Dismiss, Rescheduling Hearing Date on Motions to Dismiss, and Granting 52 Motion to Enlarge Time to Reply to Defendants' Response to Motion for Preliminary Injunction. Signed by District Judge David M. Lawson. (SPin) (Entered: 05/04/2016)

May 4, 2016

May 4, 2016

PACER
54

NOTICE of Appearance by Jared E. Knicley on behalf of Concerned Pastors for Social Action, Melissa Mays, Natural Resources Defense Council, Inc.. (Knicley, Jared) (Entered: 05/06/2016)

May 6, 2016

May 6, 2016

PACER
55

NOTICE TO APPEAR: Status Conference set for 5/13/2016 at 9:30 AM before District Judge David M. Lawson. (SPin) (Entered: 05/11/2016)

May 11, 2016

May 11, 2016

PACER
56

NOTICE by All Plaintiffs of Motions to Consolidate and Motion to Stay Dispositive Motion Practice in All Cases Filed in Mays v. Snyder (Attachments: # 1 Index of Exhibits, # 2 Exhibit 1 - Joint Mot. & Br. in Supp. of Mot. to Consolidate Actions, # 3 Exhibit 2 - Mot. for Consolidation Pursuant to Rule 42, # 4 Exhibit 3 - Concerned Pastors Pls.' Nonparty Resp. to Joint Mot. to Consolidate Actions & Mot. for Consolidation Pursuant to Rule 42, # 5 Exhibit 4 - Non-party Pl. Group's Joint Reply in Supp. of Joint Mot. to Consolidate Actions, # 6 Exhibit 5 - Joint Mot. & Br. in Supp. of Mot. to Stay Dispositive Mot. Practice in All Cases, # 7 Exhibit 6 - Concerned Pastors Pls.' Nonparty Resp. to Joint Mot. to Stay Dispositive Mot. Practice in All Cases, # 8 Exhibit 7 - Gov. Snyder & State of Mich.'s Notice of Suppl. Authority) (Tallman, Sarah) (Entered: 05/11/2016)

1 Index of Exhibits

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2 Exhibit 1 - Joint Mot. & Br. in Supp. of Mot. to Consolidate Actions

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3 Exhibit 2 - Mot. for Consolidation Pursuant to Rule 42

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4 Exhibit 3 - Concerned Pastors Pls.' Nonparty Resp. to Joint Mot. to Consoli

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5 Exhibit 4 - Non-party Pl. Group's Joint Reply in Supp. of Joint Mot. to Con

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6 Exhibit 5 - Joint Mot. & Br. in Supp. of Mot. to Stay Dispositive Mot. Practice

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7 Exhibit 6 - Concerned Pastors Pls.' Nonparty Resp. to Joint Mot. to Stay Di

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8 Exhibit 7 - Gov. Snyder & State of Mich.'s Notice of Suppl. Authority

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May 11, 2016

May 11, 2016

PACER

Minute Entry for proceedings before District Judge David M. Lawson: Motion Hearing held on 5/13/2016 re 23 MOTION to Dismiss filed by Beverly Walker-Griffea, Frederick Headen, Michael A. Finney, David McGhee, Michael A. Townsend, Nick A. Khouri, and 22 MOTION to Dismiss Pre-Answer filed by City of Flint, Natasha Henderson. Disposition: Motion taken under advisement. (Court Reporter: Rene Twedt) (SPin)

May 13, 2016

May 13, 2016

PACER

Minute Entry for proceedings before District Judge David M. Lawson: Status Conference held on 5/13/2016. (SPin)

May 13, 2016

May 13, 2016

PACER
57

NOTICE of Joinder/Concurrence in 42 Response to Motion,, filed by Flint, City of by Flint, City of, Natasha Henderson (Kim, William) (Entered: 05/20/2016)

May 20, 2016

May 20, 2016

PACER
58

TRANSCRIPT of Motion Hearing held on 05/13/2016. (Court Reporter/Transcriber: Rene L Twedt) (Number of Pages: 44) The parties have 21 days to file with the court and Court Reporter/Transcriber a Redaction Request of this transcript. If no request is filed, the transcript may be made remotely electronically available to the public without redaction after 90 days. Redaction Request due 6/15/2016. Redacted Transcript Deadline set for 6/27/2016. Release of Transcript Restriction set for 8/23/2016. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date, the transcript is publicly available. (Twedt, R) (Entered: 05/25/2016)

May 25, 2016

May 25, 2016

PACER
59

NOTICE of Appearance by Stacy Erwin Oakes on behalf of Flint, City of. (Erwin Oakes, Stacy) (Entered: 05/26/2016)

May 26, 2016

May 26, 2016

PACER
60

ORDER Allowing Preliminary Discovery. Signed by District Judge David M. Lawson. (SPin) (Entered: 05/31/2016)

May 31, 2016

May 31, 2016

Clearinghouse
61

STIPULATION AND ORDER permitting the withdrawal of Attorney Brooke A. Merriweather-Tucker as counsel for plaintiffs. Signed by District Judge David M. Lawson. (DPer) (Entered: 06/09/2016)

June 8, 2016

June 8, 2016

PACER
62

OPINION AND ORDER Denying Defendants' 22 and 23 MOTIONS to Dismiss. (Status Conference set for 8/3/2016 at 3:00 PM before District Judge David M. Lawson.) Signed by District Judge David M. Lawson. (HMon) (Entered: 07/07/2016)

July 7, 2016

July 7, 2016

Clearinghouse
63

Ex Parte MOTION for Leave to File Excess Pages by All Plaintiffs. (Knicley, Jared) (Entered: 07/13/2016)

July 13, 2016

July 13, 2016

PACER
64

ORDER Granting 63 Motion for Leave to File Excess Pages. Signed by District Judge David M. Lawson. (SPin) (Entered: 07/14/2016)

July 14, 2016

July 14, 2016

PACER
65

ANSWER to Complaint with Affirmative Defenses by Michael A. Finney, Frederick Headen, Nick A. Khouri, David McGhee, Michael A. Townsend, Beverly Walker-Griffea. (Murphy, Michael) (Entered: 07/21/2016)

July 21, 2016

July 21, 2016

PACER
66

STIPULATION For Entry of Order Regarding Extension of Deadline for City of Flint Defendants to Answer Complaint by Flint, City of, Natasha Henderson (Klein, Sheldon) (Entered: 07/21/2016)

July 21, 2016

July 21, 2016

PACER
67

ORDER Extending Time to Answer or Respond to Complaint. Answer or Response due by 7/28/2016. Signed by District Judge David M. Lawson. (SPin) (Entered: 07/21/2016)

July 21, 2016

July 21, 2016

PACER
68

REPLY to Response re 27 MOTION for Preliminary Injunction filed by All Plaintiffs. (Attachments: # 1 Index of Exhibits, # 2 Exhibit A - Declaration of Mary Brady-Enerson, # 3 Exhibit B - Declaration of Loretta Burns, # 4 Exhibit C - Declaration of Jacqueline Childress, # 5 Exhibit D - Declaration of Jerry Gains, # 6 Exhibit E - Declaration of Darnell Ishmel, # 7 Exhibit F - Declaration of Jennifer Lee, # 8 Exhibit G - Declaration of Art Reyes III, # 9 Exhibit H - Supplemental Declaration of Daniel E. Giammar, # 10 Exhibit I - Supplemental Declaration of Charlotte Lancaster, # 11 Exhibit J - Deposition Transcript of Rodney S. Branch (excerpts), # 12 Exhibit K - Deposition Transcript of Chris A. Kelenske (excerpts), # 13 Exhibit L - Deposition Transcript of JoLisa McDay (excerpts), # 14 Exhibit M - Deposition Transcript of Dawn Steele (excerpts), # 15 Exhibit N - Supplemental Declaration of Dimple Chaudhary, # 16 Exhibit O - Plaintiffs' Appendix (continued) (656-750), # 17 Document Continuation O - Plaintiffs' Appendix (continued) (751-819), # 18 Document Continuation O - Plaintiffs' Appendix (continued) (820-890)) (Chaudhary, Dimple) (Exhibit H replaced on 7/27/2016: Page headers were missing) (JPur). (Entered: 07/22/2016)

1 Index of Exhibits

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2 Exhibit A - Declaration of Mary Brady-Enerson

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3 Exhibit B - Declaration of Loretta Burns

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4 Exhibit C - Declaration of Jacqueline Childress

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5 Exhibit D - Declaration of Jerry Gains

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6 Exhibit E - Declaration of Darnell Ishmel

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7 Exhibit F - Declaration of Jennifer Lee

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8 Exhibit G - Declaration of Art Reyes III

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9 Exhibit H - Supplemental Declaration of Daniel E. Giammar

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10 Exhibit I - Supplemental Declaration of Charlotte Lancaster

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11 Exhibit J - Deposition Transcript of Rodney S. Branch (excerpts)

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12 Exhibit K - Deposition Transcript of Chris A. Kelenske (excerpts)

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13 Exhibit L - Deposition Transcript of JoLisa McDay (excerpts)

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14 Exhibit M - Deposition Transcript of Dawn Steele (excerpts)

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15 Exhibit N - Supplemental Declaration of Dimple Chaudhary

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16 Exhibit O - Plaintiffs' Appendix (continued) (656-750)

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17 Document Continuation O - Plaintiffs' Appendix (continued) (751-819)

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18 Document Continuation O - Plaintiffs' Appendix (continued) (820-890)

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July 22, 2016

July 22, 2016

PACER
69

ANSWER to Complaint with Affirmative Defenses by Flint, City of, Natasha Henderson. (Klein, Sheldon) (Entered: 07/28/2016)

July 28, 2016

July 28, 2016

PACER
70

STATEMENT of DISCLOSURE of CORPORATE AFFILIATIONS and FINANCIAL INTEREST by Flint, City of (Klein, Sheldon) (Entered: 07/29/2016)

July 29, 2016

July 29, 2016

PACER
71

NOTICE of Appearance by Richard S. Kuhl on behalf of Michael A. Finney, Frederick Headen, Nick A. Khouri, David McGhee, Michael A. Townsend, Beverly Walker-Griffea. (Kuhl, Richard) (Entered: 08/03/2016)

Aug. 3, 2016

Aug. 3, 2016

PACER
72

AMENDED 71 Notice of Appearance by Michael A. Finney, Frederick Headen, Nick A. Khouri, David McGhee, Michael A. Townsend, Beverly Walker-Griffea (Kuhl, Richard) (Entered: 08/03/2016)

Aug. 3, 2016

Aug. 3, 2016

PACER

Minute Entry for proceedings before District Judge David M. Lawson: Status Conference held on 8/3/2016. (SPin)

Aug. 3, 2016

Aug. 3, 2016

PACER
73

ORDER FOR HEARING ON PLAINTIFFS' PRELIMINARY INJUNCTION MOTION. Affidavits and Transcripts due by 8/29/2016; Motion Hearing set for 9/14/2016 at 8:00 AM and 9/15/2016 at 8:00 AM before District Judge David M. Lawson. Signed by District Judge David M. Lawson. (SPin) (Entered: 08/18/2016)

Aug. 18, 2016

Aug. 18, 2016

PACER
74

MOTION in Limine to Exclude or Limit the Testimony of Bryce Feighner by All Plaintiffs. (Attachments: # 1 Declaration of Sarah C. Tallman) (Chaudhary, Dimple) (Entered: 08/26/2016)

1 Declaration of Sarah C. Tallman

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Aug. 26, 2016

Aug. 26, 2016

PACER
75

MOTION to Expedite Briefing on Plaintiffs' Motion in Limine by All Plaintiffs. (Chaudhary, Dimple) (Entered: 08/26/2016)

Aug. 26, 2016

Aug. 26, 2016

PACER
76

ORDER Granting in Part Plaintiffs' 75 Motion for Expedited Briefing on Plaintiff's Motion in Limine. Signed by District Judge David M. Lawson. (SPin) (Entered: 08/29/2016)

Aug. 29, 2016

Aug. 29, 2016

PACER
77

RESPONSE to 74 MOTION in Limine to Exclude or Limit the Testimony of Bryce Feighner filed by Michael A. Finney, Frederick Headen, Nick A. Khouri, David McGhee, Michael A. Townsend, Beverly Walker-Griffea. (Attachments: # 1 Exhibit State Defs' Ex 1) (Murphy, Michael) (Entered: 09/06/2016)

1 Exhibit State Defs' Ex 1

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Sept. 6, 2016

Sept. 6, 2016

PACER
78

NOTICE of Appearance by Michael Edwin Wall on behalf of Concerned Pastors for Social Action, Melissa Mays, Natural Resources Defense Council, Inc.. (Wall, Michael) (Entered: 09/07/2016)

Sept. 7, 2016

Sept. 7, 2016

PACER
79

MOTION for Court site view by Michael A. Finney, Frederick Headen, Nick A. Khouri, David McGhee, Michael A. Townsend, Beverly Walker-Griffea. (Murphy, Michael) (Entered: 09/07/2016)

Sept. 7, 2016

Sept. 7, 2016

PACER
80

MOTION in Limine Carravallah Declaration by Michael A. Finney, Frederick Headen, Nick A. Khouri, David McGhee, Michael A. Townsend, Beverly Walker-Griffea. (Murphy, Michael) (Entered: 09/07/2016)

Sept. 7, 2016

Sept. 7, 2016

PACER
81

RESPONSE to 27 MOTION for Preliminary Injunction [Amended] filed by Flint, City of. (Attachments: # 1 Index of Exhibits, # 2 Exhibit A: Declaration of Steven Branch, # 3 Exhibit B: Mlive Article titled "Changes Coming to Flint Water Distribution", # 4 Exhibit C: H2O Flint Website, # 5 Exhibit D: United Way Flint Water Fund Website, # 6 Exhibit E: H2O Flint Request a Home Delivery Website, # 7 Exhibit F: Detroit Free Press Article titled "Groups seek home-delivered water to all Flint homes amid lead crisis", # 8 Exhibit G: Mlive Article titled "ID not required for residents to get free resources during Flint water crisis", # 9 Exhibit H: City of Flint State of Emergency Website, # 10 Exhibit I: PUR Filters Website titled "Resources and News for Flint Residents", # 11 Exhibit J: Flint PUR Filter Fact Sheet and Taking Action on Flint Water Website Providing Information About Water Filters, # 12 Exhibit K: Plumbers Local 370 Kitchen Faucets Help Request and Taking Action on Flint Water Website Providing Information on Help and Support Services, # 13 Exhibit L: City Instructions to Residents, # 14 Exhibit M: Declaration of Michael Glasgow, # 15 Exhibit N: Help for Flint Website, # 16 Exhibit O: Declaration of Jody Lundquist, # 17 Exhibit P: First Am. Title Co. v. DeVaugh (unpublished decision), # 18 Exhibit Q: Lyda v. City of Detroit (In re City of Detroit)(unpublished decision), # 19 Exhibit R: Lowe v. Vadlamudi (unpublished decision), # 20 Exhibit S: United States v. City of N. Adams (unpublished decision), # 21 Exhibit T: 3000 E. Imperial, LLC v. Robertshaw Controls Co.(unpublished decision), # 22 Exhibit U: Comparison of Defendant City of Flints Original and Amended Responses to Plaintiffs Motion for a Preliminary Injunction) (Klein, Sheldon) (Entered: 09/08/2016)

1 Index of Exhibits

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2 Exhibit A: Declaration of Steven Branch

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3 Exhibit B: Mlive Article titled "Changes Coming to Flint Water Distributio

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4 Exhibit C: H2O Flint Website

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5 Exhibit D: United Way Flint Water Fund Website

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6 Exhibit E: H2O Flint Request a Home Delivery Website

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7 Exhibit F: Detroit Free Press Article titled "Groups seek home-delivered wa

View on PACER

8 Exhibit G: Mlive Article titled "ID not required for residents to get free

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9 Exhibit H: City of Flint State of Emergency Website

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10 Exhibit I: PUR Filters Website titled "Resources and News for Flint Reside

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11 Exhibit J: Flint PUR Filter Fact Sheet and Taking Action on Flint Water Website

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12 Exhibit K: Plumbers Local 370 Kitchen Faucets Help Request and Taking Action on

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13 Exhibit L: City Instructions to Residents

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14 Exhibit M: Declaration of Michael Glasgow

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15 Exhibit N: Help for Flint Website

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16 Exhibit O: Declaration of Jody Lundquist

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17 Exhibit P: First Am. Title Co. v. DeVaugh (unpublished decision)

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18 Exhibit Q: Lyda v. City of Detroit (In re City of Detroit)(unpublished decision

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19 Exhibit R: Lowe v. Vadlamudi (unpublished decision)

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20 Exhibit S: United States v. City of N. Adams (unpublished decision)

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21 Exhibit T: 3000 E. Imperial, LLC v. Robertshaw Controls Co.(unpublished decisio

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22 Exhibit U: Comparison of Defendant City of Flints Original and Amended Response

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Sept. 8, 2016

Sept. 8, 2016

PACER
82

NOTICE OF HEARING on 80 MOTION in Limine re Carravallah Declaration and 79 MOTION for Court site view. Motion Hearing set for 9/14/2016 at 8:00 AM before District Judge David M. Lawson. (SPin) (Entered: 09/09/2016)

Sept. 9, 2016

Sept. 9, 2016

PACER
83

RESPONSE to 79 MOTION for Court site view filed by All Plaintiffs. (Knicley, Jared) (Entered: 09/12/2016)

Sept. 12, 2016

Sept. 12, 2016

PACER
84

RESPONSE to 80 MOTION in Limine Carravallah Declaration filed by All Plaintiffs. (Attachments: # 1 Index of Exhibits, # 2 Exhibit A - Decl. of Laura Carravallah, M.D., # 3 Exhibit B - Suppl. Decl. of Laura Carravallah, M.D., # 4 Exhibit C - Decl. of Jared Knicley) (Knicley, Jared) (Attachment 2 replaced - Page headers were missing) Modified on 9/16/2016 (ATee). (Entered: 09/12/2016)

1 Index of Exhibits

View on PACER

2 Exhibit A - Decl. of Laura Carravallah, M.D.

View on PACER

3 Exhibit B - Suppl. Decl. of Laura Carravallah, M.D.

View on PACER

4 Exhibit C - Decl. of Jared Knicley

View on PACER

Sept. 12, 2016

Sept. 12, 2016

PACER

Minute Entry for proceedings before District Judge David M. Lawson: Motion Hearing held on 9/14/2016 re 74 MOTION in Limine to Exclude or Limit the Testimony of Bryce Feighner, 80 MOTION in Limine, and 79 MOTION for Court site view. Disposition: Motions denied. (Court Reporter: Rene Twedt) (SPin)

Sept. 14, 2016

Sept. 14, 2016

PACER

Minute Entry for proceedings before District Judge David M. Lawson: Motion Hearing held on 9/14/2016 re 27 MOTION for Preliminary Injunction filed by Natural Resources Defense Council, Inc., Melissa Mays, American Civil Liberties Union of Michigan, and Concerned Pastors for Social Action. Disposition: Motion taken under advisement. (Court Reporter: Rene Twedt) (SPin)

Sept. 14, 2016

Sept. 14, 2016

PACER
85

ORDER Denying Plaintiffs' 74 Motion in Limine, Denying the State Defendants' 79 Motion for a Site View, and Denying the State Defendants' 80 Motion in Limine. Signed by District Judge David M. Lawson. (SPin) (Entered: 09/15/2016)

Sept. 15, 2016

Sept. 15, 2016

PACER
86

TRANSCRIPT of Motion for Preliminary Injunction held on 09/14/2016. (Court Reporter/Transcriber: Rene L Twedt) (Number of Pages: 369) The parties have 21 days to file with the court and Court Reporter/Transcriber a Redaction Request of this transcript. If no request is filed, the transcript may be made remotely electronically available to the public without redaction after 90 days. Redaction Request due 10/11/2016. Redacted Transcript Deadline set for 10/21/2016. Release of Transcript Restriction set for 12/19/2016. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date, the transcript is publicly available. (Twedt, R) (Entered: 09/20/2016)

Sept. 20, 2016

Sept. 20, 2016

PACER
87

SUPPLEMENTAL BRIEF re 27 MOTION for Preliminary Injunction City Defendants' Post Hearing Brief filed by Flint, City of. (Klein, Sheldon) (Entered: 09/22/2016)

Sept. 22, 2016

Sept. 22, 2016

PACER
88

SUPPLEMENTAL BRIEF re 27 MOTION for Preliminary Injunction, 40 Response to Motion, Closing Brief filed by Michael A. Finney, Frederick Headen, Nick A. Khouri, David McGhee, Michael A. Townsend, Beverly Walker-Griffea. (Murphy, Michael) (Entered: 09/22/2016)

Sept. 22, 2016

Sept. 22, 2016

PACER

Case Details

State / Territory: Michigan

Case Type(s):

Public Benefits/Government Services

Special Collection(s):

Flint Water Cases

Multi-LexSum (in sample)

Key Dates

Filing Date: Jan. 27, 2016

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

A nonprofit association of religious leaders and congregations from more than thirty predominantly Black churches and ministries in the city of Flint and its surrounding communities.

Plaintiff Type(s):

Non-profit religious organization

Attorney Organizations:

ACLU of Michigan

ACLU Affiliates (any)

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

The State of Michigan, State

The City of Flint (Genesee), City

Defendant Type(s):

Jurisdiction-wide

Sanitation/Public Works

Case Details

Availably Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Non-settlement Outcome

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Attorneys fees

Preliminary injunction / Temp. restraining order

Declaratory Judgment

Source of Relief:

Settlement

Litigation

Form of Settlement:

Court Approved Settlement or Consent Decree

Amount Defendant Pays: $87,000,000

Order Duration: 2017 - None

Content of Injunction:

Monitoring

Preliminary relief granted

Issues

General:

Government services

Public benefits (includes, e.g., in-state tuition, govt. jobs)