Case: Washington v. Snyder

5:16-cv-11247 | U.S. District Court for the Eastern District of Michigan

Filed Date: April 6, 2016

Case Ongoing

Clearinghouse coding complete

Case Summary

This case arose from the Flint water crisis, a public health emergency in which the city of Flint, Michigan supplied water that contained elevated levels of lead to the public. On April 6, 2016, fifteen residents of Flint, Michigan filed this class action lawsuit in the U.S. District Court for the Eastern District of Michigan. The plaintiffs sued the Governor of Michigan, his chief of staff, the Michigan Department of Environmental Quality (MDEQ), several other government agencies, the City of …

This case arose from the Flint water crisis, a public health emergency in which the city of Flint, Michigan supplied water that contained elevated levels of lead to the public. On April 6, 2016, fifteen residents of Flint, Michigan filed this class action lawsuit in the U.S. District Court for the Eastern District of Michigan. The plaintiffs sued the Governor of Michigan, his chief of staff, the Michigan Department of Environmental Quality (MDEQ), several other government agencies, the City of Flint, and three corporations under 42 U.S.C. § 1983, the Racketeer Influenced and Corrupt Organizations Act (RICO) (18 U.S.C § 1964), and state law. The plaintiffs, represented by private counsel, alleged that defendants’ involvement in the supply of lead-contaminated drinking water violated their Fourteenth Amendment Due Process and Equal Protection rights, RICO, and state law.

Flint had purchased water from the high quality Detroit Water and Sewerage Department (DWSD) for roughly half a century before the crisis. But in 2014, led by an Emergency Manager, Flint switched its water source to the Flint River as a way to address the city’s financial problems. The plaintiffs alleged that, because the Flint River was only a temporary solution until the City could be connected to the Karegnondi Water Authority, the state knew that the Flint River was low quality even before connecting the City to the source. The plaintiffs claimed that by continuing to charge the residents of Flint the same amount for water despite the significantly lower quality, the defendants were fraudulently engaged in a RICO scheme by selling unsafe water. Specifically, the plaintiffs claimed that this deprived them of both contractually guaranteed property and bodily integrity rights protected under a substantive due process framework.

Further, the plaintiffs alleged that their Fourteenth Amendment right to Equal Protection was violated because the switch from the DWSD to the Flint River was motivated by racism. The plaintiffs’ evidence of racial discrimination was the fact that, of the six municipalities that bought water from DWSD through which the Flint River flowed, only the predominantly Black City of Flint was switched to the Flint River source.

Because this case appeared to be a companion case to Mays v. Snyder (Case No. 15-14002), on April 20, 2016, this case was reassigned to District Judge John Corbertt O’Meara and Magistrate Judge Mona K. Majzoub in Ann Arbor.

On June 30, 2016, the plaintiffs filed an amended complaint, adding a jury demand and several additional defendants in their official capacities at all times relevant to the complaint, some of which included the Michigan Department of Health and Human Services (MDHHS), the former treasurer of the State of Michigan, all four emergency managers assigned to the city of Flint, the elected mayor of the City of Flint, and the directors and managers of several city and state health programs and water treatment plants. Another amended complaint was filed by the plaintiffs on August 12, 2016.

On October 6, 2016, the State of Michigan, the Governor, MDEQ, MDHHS, and several individual government employees being sued in their official capacity filed a motion to dismiss. Another group of defendants—the Emergency Managers and City Officials of the City of Flint named in their official capacity as defendants in the suit—also filed a motion to dismiss the plaintiffs’ second amended complaint for similar reasoning as the other defendants. Additional motions to dismiss were filed on October 21st, 28th, and 31st. Although filed separately, all of the motions argued primarily the same reasons for dismissing the plaintiffs’ suit: the state defendants were entitled to Eleventh Amendment immunity and the Court had already declared that the only federal remedy available for the plaintiffs’ grievances is the Safe Drinking Water Act.

Meanwhile, two cases with similar claims had recently been decided and were consolidated on appeal in the U.S. Court of Appeals for the Sixth Circuit: Mays v. Snyder (Case No. 15-14002) and Boler v. Earley (Case No. 16-10323). On April 18, 2017, the parties in this case stipulated, and Judge John Corbett O’Meara granted, a stay on all aspects of this case, pending the consolidated appeals of these two cases.

On July 27, 2017, this case, along with seven other cases litigating the Flint Water Crisis, were consolidated with Waid v. Snyder, PB-MI-0014 in this Clearinghouse. All motions pending in this case were denied without prejudice. See the Clearinghouse record for Waid for all subsequent litigation.

Summary Authors

Lori Interlicchio (2/12/2017)

Mackenzie Walz (3/27/2018)

Jack Hibbard (5/26/2020)

Related Cases

Waid v. Snyder (In re Flint Water Cases), Eastern District of Michigan (2016)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4513587/parties/washington-jr-v-snyder/


Judge(s)

Levy, Judith Ellen (Michigan)

Majzoub, Mona K. (Michigan)

O'Meara, John Corbett (Michigan)

Attorneys(s) for Plaintiff

Bern, Marc J. (New York)

Kern, Chet W. (New York)

Kresch, Ari (Michigan)

Radner, Solomon M. (Michigan)

Attorneys(s) for Defendant

Barbieri, Charles E. (Michigan)

Berg, Frederick A. (Michigan)

Berger, Jay M. (Michigan)

Judge(s)

Levy, Judith Ellen (Michigan)

Majzoub, Mona K. (Michigan)

O'Meara, John Corbett (Michigan)

Attorneys(s) for Plaintiff

Bern, Marc J. (New York)

Kern, Chet W. (New York)

Kresch, Ari (Michigan)

Radner, Solomon M. (Michigan)

Attorneys(s) for Defendant

Barbieri, Charles E. (Michigan)

Berg, Frederick A. (Michigan)

Berger, Jay M. (Michigan)

Bettenhausen, Margaret A. (Michigan)

Bolton, Jordan S. (Michigan)

Branch, Nikkiya (Michigan)

Bush, Cheryl A. (Michigan)

Cafferty, Michael S. (Michigan)

Campbell, James M. (Massachusetts)

Chartier- Mittendorf, Mary (Michigan)

Ciullo, Courtney B. (Michigan)

Driker, Eugene (Michigan)

Egan, Dennis K. (Michigan)

Erickson, Phillip (Michigan)

Eriksson, Reed E. (Michigan)

Gambill, Nathan A. (Michigan)

Gildner, Michael J. (Michigan)

Grashoff, Philip A. Jr. (Michigan)

Grunert, John A.K. (Massachusetts)

Jackson, Krista A. (Michigan)

Kamenec, Robert G. (Michigan)

Kent, David L. (Connecticut)

Kim, William Young (Michigan)

Klein, Sheldon H. (Michigan)

Kuhl, Richard S. (Michigan)

Larsen, Zachary C. (Michigan)

Mendel, Todd R. (Michigan)

Meyer, Brett T. (Michigan)

Morgan, Thaddeus E. (Michigan)

Oakes, Stacy Erwin (Michigan)

Pattwell, Michael J. (Michigan)

Perkins, Todd Russell (Michigan)

Perry, Michael H. (Michigan)

Richotte, Joseph E. (Michigan)

Rusek, Alexander S. (Michigan)

Thompson, Craig S. (Michigan)

Williams, Michael R. (Michigan)

Witus, Morley (Michigan)

Wolf, Barry A. (Michigan)

Other Attorney(s)

Levens, Emmy L. (District of Columbia)

Documents in the Clearinghouse

Document

Docket [PACER]

Washington, Jr. v. Snyder

July 28, 2017 Docket
1

Complaint

April 6, 2016 Complaint
33

Second Amended Complaint

Aug. 12, 2016 Complaint
67

State Defendants' Motion to Dismiss Under Fed. R. Civ. Proc. 12(b)(1) & (6)

Oct. 6, 2016 Pleading / Motion / Brief
73

Individual City Defendants' Motion to Dismiss Plaintiffs' Second Amended Complaint

Oct. 13, 2016 Pleading / Motion / Brief
131

Stipulated Order Granting a Suspension of Time to File Responsive Pleadings Until Plaintiffs' Motion to Compel is Resolved

April 18, 2017 Order/Opinion
142

Order Granting in Part the WAID Motion for Consolidation of the Class Actions, Appointment of Interim Co-Lead Class Counsel, and Appointment of Liaison Counsel for the Individual Actions, Denying the Guertin Motion to Consolidate Cases

In re Flint Water Cases

July 27, 2017 Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4513587/washington-jr-v-snyder/

Last updated May 11, 2022, 8 p.m.

ECF Number Description Date Link
1

COMPLAINT filed by All Plaintiffs against All Defendants with Jury Demand. Plaintiff requests summons issued. Receipt No: 0645-5632729 - Fee: $ 400. County of 1st Plaintiff: Genesee - County Where Action Arose: Genesee - County of 1st Defendant: Ingham. [Previously dismissed case: No] [Possible companion case(s): None] (Attachments: # 1 Document Continuation RICO Statement) (Kresch, Ari) (Entered: 04/06/2016)

1 Document Continuation RICO Statement

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April 6, 2016 PACER
2

ORDER of DISQUALIFICATION and REASSIGNING CASE from District Judge Paul D. Borman to District Judge Avern Cohn. (SSch) (Entered: 04/06/2016)

April 6, 2016 PACER
3

SUMMONS Issued for * All Defendants * (DAll) (Entered: 04/07/2016)

April 7, 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)

April 7, 2016 PACER
4

ORDER REASSIGNING CASE from District Judge Avern Cohn and Magistrate Judge Anthony P. Patti in Detroit to District Judge John Corbett O'Meara and Magistrate Judge Mona K. Majzoub in Ann Arbor. (SSch) (Entered: 04/20/2016)

April 20, 2016 PACER
5

ATTORNEY APPEARANCE: Krista A. Jackson appearing on behalf of Stephen Busch w/Certificate of Service (Jackson, Krista) (Entered: 04/26/2016)

April 26, 2016 PACER
6

ATTORNEY APPEARANCE: Dennis K. Egan appearing on behalf of Stephen Busch w/Certificate of Service (Egan, Dennis) (Entered: 04/26/2016)

April 26, 2016 PACER
7

ATTORNEY APPEARANCE: Courtney B. Ciullo appearing on behalf of Stephen Busch w/Certificate of Service (Ciullo, Courtney) (Entered: 04/26/2016)

April 26, 2016 PACER
8

NOTICE of Appearance by Thaddeus E. Morgan on behalf of Liane Shekter Smith. (Morgan, Thaddeus) (Entered: 04/28/2016)

April 28, 2016 PACER
9

NOTICE of Appearance by Michael J. Pattwell on behalf of Bradley Wurfel, Daniel Wyant. (Pattwell, Michael) (Entered: 05/02/2016)

May 2, 2016 PACER
10

NOTICE of Appearance by Philip A. Grashoff, Jr on behalf of Stephen Busch. (Grashoff, Philip) (Entered: 05/03/2016)

May 3, 2016 PACER
11

ATTORNEY APPEARANCE: Margaret A. Bettenhausen appearing on behalf of Linda Dykema, Nick Lyon, Michigan Department of Environmental Quality, Michigan Department of Health and Human Services, Dennis Muchmore, Nancy Peeler, Robert Scott, Richard Dale Snyder, State of Michigan, Eden Wells (Bettenhausen, Margaret) (Entered: 05/10/2016)

May 10, 2016 PACER
12

ATTORNEY APPEARANCE: Nathan A. Gambill appearing on behalf of Linda Dykema, Nick Lyon, Michigan Department of Environmental Quality, Michigan Department of Health and Human Services, Dennis Muchmore, Nancy Peeler, Robert Scott, Richard Dale Snyder, State of Michigan, Eden Wells (Gambill, Nathan) (Entered: 05/10/2016)

May 10, 2016 PACER
13

ATTORNEY APPEARANCE: Richard S. Kuhl appearing on behalf of Linda Dykema, Nick Lyon, Michigan Department of Environmental Quality, Michigan Department of Health and Human Services, Dennis Muchmore, Nancy Peeler, Robert Scott, Richard Dale Snyder, State of Michigan, Eden Wells (Kuhl, Richard) (Entered: 05/10/2016)

May 10, 2016 PACER
14

ATTORNEY APPEARANCE: Zachary C. Larsen appearing on behalf of Linda Dykema, Nick Lyon, Michigan Department of Environmental Quality, Michigan Department of Health and Human Services, Dennis Muchmore, Nancy Peeler, Robert Scott, Richard Dale Snyder, State of Michigan, Eden Wells (Larsen, Zachary) (Entered: 05/10/2016)

May 10, 2016 PACER
15

NOTICE by Linda Dykema, Nick Lyon, Michigan Department of Environmental Quality, Michigan Department of Health and Human Services, Dennis Muchmore, Nancy Peeler, Robert Scott, Richard Dale Snyder, State of Michigan, Eden Wells of Screening Device (Larsen, Zachary) (Entered: 05/10/2016)

May 10, 2016 PACER
16

NOTICE of Appearance by Jay M. Berger on behalf of Bradley Wurfel, Daniel Wyant. (Berger, Jay) (Entered: 05/11/2016)

May 11, 2016 PACER
17

NOTICE of Appearance by Craig S. Thompson on behalf of Rowe Professional Service Company. (Thompson, Craig) (Entered: 05/11/2016)

May 11, 2016 PACER
18

NOTICE of Appearance by Marc J. Bern on behalf of All Plaintiffs. (Bern, Marc) (Entered: 05/17/2016)

May 17, 2016 PACER
19

NOTICE of Appearance by Chet W. Kern on behalf of All Plaintiffs. (Kern, Chet) (Entered: 05/17/2016)

May 17, 2016 PACER
20

NOTICE of Appearance by William Young Kim on behalf of City of Flint, Howard Croft, Dayne Walling. (Kim, William) (Entered: 05/17/2016)

May 17, 2016 PACER
21

NOTICE of Appearance by Jordan S. Bolton on behalf of Bradley Wurfel, Daniel Wyant. (Bolton, Jordan) (Entered: 05/24/2016)

May 24, 2016 PACER
22

STIPULATION AND ORDER Extending Time for Defendants Bradley, Wurfel, Wyant, Busch, Shekter-Smith, Cook, Prysby, and Rosenthal to Respond to Amended Complaint; Responsive Pleading due by 8/12/2016, Signed by District Judge John Corbett O'Meara. (WBar) (Entered: 05/25/2016)

May 25, 2016 PACER
23

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

May 26, 2016 PACER
24

ATTORNEY APPEARANCE: Charles E. Barbieri appearing on behalf of Patrick Cook, Michael Prysby (Barbieri, Charles) (Entered: 06/02/2016)

June 2, 2016 PACER
25

STIPULATION AND ORDER Extending Time for Plaintiffs to Amend 1 Complaint; Amended Complaint due on or before July 1, 2016; Defendants' Responsive Pleading due on or before August 12, 2016, Signed by District Judge John Corbett O'Meara. (WBar) (Entered: 06/03/2016)

June 3, 2016 PACER
26

NOTICE of Appearance by Sheldon H. Klein on behalf of City of Flint. (Klein, Sheldon) (Entered: 06/07/2016)

June 7, 2016 PACER
27

NOTICE of Appearance by Frederick A. Berg on behalf of City of Flint. (Berg, Frederick) (Entered: 06/07/2016)

June 7, 2016 PACER
28

NOTICE of Appearance by Joseph E. Richotte on behalf of City of Flint. (Richotte, Joseph) (Entered: 06/08/2016)

June 8, 2016 PACER
29

AMENDED COMPLAINT with Jury Demand filed by All Plaintiffs against All Defendants. NEW PARTIES ADDED. (Attachments: # 1 Exhibit RICO Statement) (Kresch, Ari) (Entered: 06/30/2016)

1 Exhibit RICO Statement

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June 30, 2016 PACER

REQUEST for SUMMONS for Andrew Dillon, Leo A Daly Corp., Lockwood, Andrews & Newnam, P.C., Veolia Environment S.A., Veolia North America Operating Services, LLC, Veolia North America, Inc.. (Kresch, Ari)

June 30, 2016 PACER
30

SUMMONS Issued for *Andrew Dillon, Leo A Daly Corp., Lockwood, Andrews & Newnam, P.C., Veolia Environment S.A., Veolia North America Operating Services, LLC, Veolia North America, Inc.* (DPer) (Entered: 07/01/2016)

July 1, 2016 PACER
31

NOTICE of Appearance by David C. Kent on behalf of Leo A Daly Corp., Lockwood, Andrews & Newman, Inc., Lockwood, Andrews & Newnam, P.C.. (Kent, David) (Entered: 07/26/2016)

July 26, 2016 PACER
32

STIPULATION AND ORDER Regarding Second Amended Complaint and Response, Signed by District Judge John Corbett O'Meara. (WBar) (Entered: 08/12/2016)

Aug. 12, 2016 PACER
33

AMENDED COMPLAINT with Jury Demand filed by All Plaintiffs against All Defendants. NEW PARTIES ADDED. (Attachments: # 1 Exhibit Second Amended RICO Statement) (Radner, Solomon) (Entered: 08/12/2016)

1 Exhibit Second Amended RICO Statement

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Aug. 12, 2016 PACER

REQUEST for SUMMONS for R. Kevin Clinton, Each. (Radner, Solomon)

Aug. 12, 2016 PACER
34

SUMMONS Issued for *R. Kevin Clinton* (Ahmed, N) (Entered: 08/12/2016)

Aug. 12, 2016 PACER
35

SUMMONS Issued for *Each* (Ahmed, N) (Entered: 08/12/2016)

Aug. 12, 2016 PACER
36

ANSWER to Complaint with Affirmative Defenses by Ed Kurtz. (Gildner, Michael) (Entered: 08/12/2016)

Aug. 12, 2016 PACER
37

CERTIFICATE OF SERVICE re 36 Answer to Complaint by Ed Kurtz (Gildner, Michael) (Entered: 08/12/2016)

Aug. 12, 2016 PACER
38

NOTICE of Appearance by Philip A. Erickson on behalf of Leo A Daly Corp., Lockwood, Andrews & Newman, Inc., Lockwood, Andrews & Newnam, P.C.. (Erickson, Philip) (Entered: 08/25/2016)

Aug. 25, 2016 PACER
39

MOTION for Leave to File Excess Pages by R. Kevin Clinton, Andrew Dillon, Linda Dykema, Nick Lyon, Michigan Department of Environmental Quality, Michigan Department of Health and Human Services, Dennis Muchmore, Richard Dale Snyder, State of Michigan, Eden Wells. (Larsen, Zachary) (Entered: 09/09/2016)

Sept. 9, 2016 PACER

TEXT-ONLY ORDER Granting 39 MOTION for Leave to File Excess Pages. Signed by District Judge John Corbett O'Meara. (WBar)

Sept. 9, 2016 PACER
40

Ex Parte MOTION for Leave to File Excess Pages w/Brief and Certificate of Service by Stephen Busch, Patrick Cook, Michael Prysby, Liane Shekter Smith. (Attachments: # 1 Exhibit A) (Ciullo, Courtney) (Entered: 09/16/2016)

1 Exhibit A

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Sept. 16, 2016 PACER
41

NOTICE of Appearance by Michael H. Perry on behalf of Liane Shekter Smith. (Perry, Michael) (Entered: 09/19/2016)

Sept. 19, 2016 PACER
42

STIPULATED ORDER Extending Time To Respond to 33 Amended Complaint, ( Responsive Pleading due by 10/6/2016 for Defendants City of Flint, Dayne Walling, Howard Croft, Michael Glasgow, Mike Brown, Darnell Earley, Gerald Ambrose, Signed by District Judge John Corbett O'Meara. (WBar) (Entered: 09/19/2016)

Sept. 19, 2016 PACER
43

STIPULATED ORDER Granting Leave for Defendants Daniel Wyant and Bradley Wurfel to File Excess Pages, Signed by District Judge John Corbett O'Meara. (WBar) (Entered: 09/19/2016)

Sept. 19, 2016 PACER

TEXT-ONLY ORDER Granting 40 Ex Parte MOTION for Leave to File Excess Pages filed by Stephen Busch, Michael Prysby, Patrick Cook, Liane Shekter Smith. Signed by District Judge John Corbett O'Meara. (WBar)

Sept. 19, 2016 PACER
44

STIPULATION for Extension of Time to File Responsive Pleadings by R. Kevin Clinton, Andrew Dillon, Linda Dykema, Nick Lyon, Michigan Department of Environmental Quality, Michigan Department of Health and Human Services, Dennis Muchmore, Nancy Peeler, Robert Scott, Richard Dale Snyder, State of Michigan, Eden Wells (Larsen, Zachary) (Entered: 09/20/2016)

Sept. 20, 2016 PACER
45

STIPULATION to Substitute Counsel for Robert Scott by R. Kevin Clinton, Andrew Dillon, Linda Dykema, Nick Lyon, Michigan Department of Environmental Quality, Michigan Department of Health and Human Services, Dennis Muchmore, Nancy Peeler, Robert Scott, Richard Dale Snyder, State of Michigan, Eden Wells (Larsen, Zachary) (Entered: 09/21/2016)

Sept. 21, 2016 PACER
46

STIPULATION to Substitute Counsel for Nancy Peeler by R. Kevin Clinton, Andrew Dillon, Linda Dykema, Nick Lyon, Michigan Department of Environmental Quality, Michigan Department of Health and Human Services, Dennis Muchmore, Nancy Peeler, Robert Scott, Richard Dale Snyder, State of Michigan, Eden Wells (Larsen, Zachary) (Entered: 09/21/2016)

Sept. 21, 2016 PACER
47

STIPULATION to Extend Time to File Responsive Pleadings by Leo A Daly Corp., Lockwood, Andrews & Newman, Inc., Lockwood, Andrews & Newnam, P.C. (Erickson, Philip) (Entered: 09/21/2016)

Sept. 21, 2016 PACER
48

STIPULATION For Extension of Time to File Responsive Pleadings by Rowe Professional Service Company (Thompson, Craig) (Entered: 09/22/2016)

Sept. 22, 2016 PACER
49

ATTORNEY APPEARANCE: Michael S. Cafferty appearing on behalf of Nancy Peeler (Cafferty, Michael) (Entered: 09/22/2016)

Sept. 22, 2016 PACER
50

ORDER Granting 44 Stipulation for Extension of Time to Respond to 33 Amended Complaint; Responsive Pleading due by 10/6/2016, Signed by District Judge John Corbett O'Meara. (WBar) (Entered: 09/22/2016)

Sept. 22, 2016 PACER
51

ORDER re 45 Stipulation to Substitute Counsel for Robert Scott. Attorney Mary Chartier. Signed by District Judge John Corbett O'Meara. (WBar) (Entered: 09/22/2016)

Sept. 22, 2016 PACER
52

ORDER re 46 Stipulation to Substitute Counsel for Nancy Peeler. Signed by District Judge John Corbett O'Meara. (WBar) (Entered: 09/22/2016)

Sept. 22, 2016 PACER
53

ORDER re 47 Stipulation filed by Lockwood, Andrews & Newman, Inc., Leo A Daly Corp., Lockwood, Andrews & Newnam, P.C., for Extension of Time to Respond to 33 Amended Complaint; Responsive Pleading due by 10/22/2016, Signed by District Judge John Corbett O'Meara. (WBar) (Entered: 09/22/2016)

Sept. 22, 2016 PACER
54

ORDER re 48 Stipulation filed by Rowe Professional Service Company for an Extension of Time to Respond to 33 Amended Complaint; Responsive Pleading due by 10/13/2016, Signed by District Judge John Corbett O'Meara. (WBar) (Entered: 09/22/2016)

Sept. 22, 2016 PACER
55

MOTION to Dismiss, Brief in Support and Certificate of Service by Stephen Busch, Patrick Cook, Michael Prysby, Liane Shekter Smith. (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) (Jackson, Krista) (Entered: 09/22/2016)

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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Sept. 22, 2016 PACER
56

STIPULATION AND ORDER Extending Time for Defendants Wyant and Wurfel to Respond to 33 Amended Complaint; Responsive Pleading due by 9/30/2016, Signed by District Judge John Corbett O'Meara. (WBar) (Entered: 09/23/2016)

Sept. 23, 2016 PACER
57

ATTORNEY APPEARANCE: Robert G. Kamenec appearing on behalf of Leo A Daly Corp., Lockwood, Andrews & Newman, Inc., Lockwood, Andrews & Newnam, P.C. (Kamenec, Robert) (Entered: 09/30/2016)

Sept. 30, 2016 PACER
58

STIPULATED ORDER Extending Time to File Responsive Pleading to 33 Amended Complaint, Responsive Pleading due by 10/13/2016, Signed by District Judge John Corbett O'Meara. (WBar) (Entered: 09/30/2016)

Sept. 30, 2016 PACER
59

MOTION to Dismiss by Daniel Wyant. (Attachments: # 1 Index of Exhibits Index of Unpublished Cases, # 2 Exhibit Boler v Early (unpublished case), # 3 Exhibit Rouse v Caruso (unpublished case), # 4 Exhibit Schreiber v Cnty. of Crawford (unpublished case)) (Bolton, Jordan) (Entered: 09/30/2016)

1 Index of Exhibits Index of Unpublished Cases

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2 Exhibit Boler v Early (unpublished case)

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3 Exhibit Rouse v Caruso (unpublished case)

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4 Exhibit Schreiber v Cnty. of Crawford (unpublished case)

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Sept. 30, 2016 PACER
60

MOTION to Dismiss by Bradley Wurfel. (Attachments: # 1 Exhibit A, # 2 Index of Exhibits Index of Unpublished Cases, # 3 Exhibit Bolder v Early (unpublished case), # 4 Exhibit Rouse v Caruso (unpublished case), # 5 Exhibit Schreiber v Cnty. of Crawford (unpublished case)) (Bolton, Jordan) (Entered: 09/30/2016)

1 Exhibit A

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2 Index of Exhibits Index of Unpublished Cases

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3 Exhibit Bolder v Early (unpublished case)

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4 Exhibit Rouse v Caruso (unpublished case)

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5 Exhibit Schreiber v Cnty. of Crawford (unpublished case)

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Sept. 30, 2016 PACER
61

STIPULATION to extend time to respond by Robert Scott (Attachments: # 1 Exhibit Proposed Order (also submitted as Word document)) (Chartier-Mittendorf, Mary) (Entered: 10/05/2016)

1 Exhibit Proposed Order (also submitted as Word document)

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Oct. 5, 2016 PACER
62

STIPULATION re 33 Amended Complaint for Extension of Time to File Responsive Pleadings by Nancy Peeler (Cafferty, Michael) (Entered: 10/05/2016)

Oct. 5, 2016 PACER
63

ORDER Granting 61 Stipulation for Extension of time for Defendant Robert Scott to Answer 29 Amended Complaint; Responsive Pleading due by 10/31/2016, Signed by District Judge John Corbett O'Meara. (WBar) (Entered: 10/05/2016)

Oct. 5, 2016 PACER

TEXT-ONLY ORDER Granting 62 Stipulation to Extend Time for Defendant Nancy Peeler to File Responsive Pleading to 29 Amended Complaint; Responsive Pleading due by 10/28/2016, Signed by District Judge John Corbett O'Meara. (WBar)

Oct. 5, 2016 PACER
64

NOTICE of Appearance by Morley Witus on behalf of Richard Dale Snyder. (Witus, Morley) (Entered: 10/06/2016)

Oct. 6, 2016 PACER
65

NOTICE of Appearance by Todd R. Mendel on behalf of Richard Dale Snyder. (Mendel, Todd) (Entered: 10/06/2016)

Oct. 6, 2016 PACER
66

NOTICE of Appearance by Eugene Driker on behalf of Richard Dale Snyder. (Driker, Eugene) (Entered: 10/06/2016)

Oct. 6, 2016 PACER
67

MOTION to Dismiss Under Fed. R. Civ. Proc. 12(b)(1) & (6) by R. Kevin Clinton, Andrew Dillon, Linda Dykema, Nick Lyon, Michigan Department of Environmental Quality, Michigan Department of Health and Human Services, Dennis Muchmore, Richard Dale Snyder, State of Michigan, Eden Wells. (Attachments: # 1 Index of Exhibits, # 2 Exhibit Ex. 1, # 3 Exhibit Ex. 2, # 4 Exhibit Ex. 3, # 5 Exhibit Ex. 4) (Larsen, Zachary) (Entered: 10/06/2016)

1 Index of Exhibits

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2 Exhibit Ex. 1

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3 Exhibit Ex. 2

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4 Exhibit Ex. 3

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5 Exhibit Ex. 4

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Oct. 6, 2016 PACER
68

MOTION for Leave to File Excess Pages Of Its Brief In Support Of Its Motion To Dismiss Second Amended Class Action Complaint by City of Flint. (Berg, Frederick) (Entered: 10/11/2016)

Oct. 11, 2016 PACER
69

NOTICE of Appearance by William Young Kim on behalf of Gerald Ambrose, Mike Brown, Darnell Earley, Michael Glasgow. (Kim, William) (Entered: 10/12/2016)

Oct. 12, 2016 PACER
70

Ex Parte MOTION for Leave to File Excess Pages by Gerald Ambrose, Mike Brown, Howard Croft, Darnell Earley, Michael Glasgow, Dayne Walling. (Kim, William) (Entered: 10/12/2016)

Oct. 12, 2016 PACER

TEXT-ONLY ORDER Granting in Part 68 MOTION for Leave to File Excess Pages; Brief shall not exceed forty (40) pages, Signed by District Judge John Corbett O'Meara. (WBar)

Oct. 13, 2016 PACER

TEXT-ONLY ORDER Granting 70 Ex Parte MOTION for Leave to File Excess Pages, Signed by District Judge John Corbett O'Meara. (WBar)

Oct. 13, 2016 PACER
71

ANSWER to Amended Complaint with Affirmative Defenses by Rowe Professional Service Company. (Thompson, Craig) (Entered: 10/13/2016)

Oct. 13, 2016 PACER
72

MOTION to Dismiss by City of Flint. (Attachments: # 1 Index of Exhibits, # 2 Exhibit 1-City of Flint Water System Questions and Answers, # 3 Exhibit 2-Termination Letter, # 4 Exhibit 3-Flint Charter, # 5 Exhibit 4-Flint Ordinances, # 6 Exhibit 5-Unpublished Cases, # 7 Exhibit 6-Opinions in Collins v. Snyder and Vale v. City of Flint) (Klein, Sheldon) (Entered: 10/13/2016)

1 Index of Exhibits

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2 Exhibit 1-City of Flint Water System Questions and Answers

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3 Exhibit 2-Termination Letter

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4 Exhibit 3-Flint Charter

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5 Exhibit 4-Flint Ordinances

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6 Exhibit 5-Unpublished Cases

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7 Exhibit 6-Opinions in Collins v. Snyder and Vale v. City of Flint

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Oct. 13, 2016 PACER
73

MOTION to Dismiss Plaintiffs' Second Amended Complaint by Gerald Ambrose, Mike Brown, Howard Croft, Darnell Earley, Michael Glasgow, Dayne Walling. (Attachments: # 1 Exhibit Unpublished Cases and City Charter/Code Provisions) (Kim, William) (Entered: 10/13/2016)

1 Exhibit Unpublished Cases and City Charter/Code Provisions

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Oct. 13, 2016 PACER
74

STATEMENT of DISCLOSURE of CORPORATE AFFILIATIONS and FINANCIAL INTEREST by Rowe Professional Service Company (Thompson, Craig) (Entered: 10/14/2016)

Oct. 14, 2016 PACER
75

MOTION to Dismiss for Lack of Subject Matter Jurisdiction and Failure to State a Cause of Action by Lockwood, Andrews & Newman, Inc., Lockwood, Andrews & Newnam, P.C.. (Attachments: # 1 Exhibit A - Unpublished Cases) (Erickson, Philip) (Entered: 10/21/2016)

1 Exhibit A - Unpublished Cases

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Oct. 21, 2016 PACER
76

Ex Parte MOTION for Leave to File Excess Pages by Lockwood, Andrews & Newman, Inc., Lockwood, Andrews & Newnam, P.C.. (Erickson, Philip) (Entered: 10/21/2016)

Oct. 21, 2016 PACER
77

MOTION to Dismiss Plaintiffs' Second Amended Class Action Complaint for Lack of Personal Jurisdiction, Rule 12(b)(2), and for Failure to State a Claim Upon Which Relief Can Be Granted, Rule 12(b)(6) by Leo A Daly Corp.. (Attachments: # 1 Index of Exhibits, # 2 Exhibit A - Unpublished Case, # 3 Exhibit B - Affidavit of Edward Benes) (Kamenec, Robert) (Entered: 10/21/2016)

1 Index of Exhibits

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2 Exhibit A - Unpublished Case

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3 Exhibit B - Affidavit of Edward Benes

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Oct. 21, 2016 PACER

TEXT-ONLY ORDER Granting 76 Ex Parte MOTION for Leave to File Excess Pages filed by Lockwood, Andrews & Newman, Inc., Lockwood, Andrews & Newnam, P.C. Signed by District Judge John Corbett O'Meara. (WBar)

Oct. 24, 2016 PACER
78

MOTION to Change Venue by Stephen Busch, Patrick Cook, Michael Prysby, Liane Shekter Smith, Bradley Wurfel, Daniel Wyant. (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 G1, # 9 Exhibit G2, # 10 Exhibit G3, # 11 Exhibit G4, # 12 Exhibit G5, # 13 Exhibit G6, # 14 Exhibit H, # 15 Exhibit I, # 16 Exhibit J, # 17 Exhibit K, # 18 Exhibit L, # 19 Exhibit M, # 20 Exhibit N, # 21 Exhibit O, # 22 Exhibit P, # 23 Exhibit Q, # 24 Exhibit R) (Grashoff, Philip) (Entered: 10/27/2016)

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 G1

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9 Exhibit G2

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10 Exhibit G3

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11 Exhibit G4

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12 Exhibit G5

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13 Exhibit G6

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14 Exhibit H

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15 Exhibit I

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16 Exhibit J

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17 Exhibit K

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18 Exhibit L

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19 Exhibit M

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20 Exhibit N

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21 Exhibit O

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22 Exhibit P

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23 Exhibit Q

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24 Exhibit R

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Oct. 27, 2016 PACER
79

MOTION to Dismiss and Joinder in Motions to Dismiss of Co-Defendants, Memorandum in Support, Certificate of Service by Nancy Peeler. (Attachments: # 1 Index of Exhibits INDEX OF EXHIBITS, # 2 Exhibit EXHIBIT 1 - UNPUBLISHED OPINION - BOLER V EARLY) (Cafferty, Michael) (Entered: 10/28/2016)

1 Index of Exhibits INDEX OF EXHIBITS

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2 Exhibit EXHIBIT 1 - UNPUBLISHED OPINION - BOLER V EARLY

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Oct. 28, 2016 PACER
80

STIPULATED ORDER Extending Time for Response/Reply to 55 MOTION to Dismiss; Response due by 12/27/2016, Reply due by 2/10/2017, Signed by District Judge John Corbett O'Meara. (WBar) (Entered: 10/31/2016)

Oct. 31, 2016 PACER
81

MOTION to Dismiss by Robert Scott. (Attachments: # 1 Exhibit Certificate of Compliance) (Chartier-Mittendorf, Mary) (Entered: 10/31/2016)

1 Exhibit Certificate of Compliance

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Oct. 31, 2016 PACER
82

MOTION for Leave to File Excess Pages by Robert Scott. (Attachments: # 1 Exhibit Proposed Order) (Chartier-Mittendorf, Mary) (Entered: 10/31/2016)

1 Exhibit Proposed Order

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Oct. 31, 2016 PACER
83

RESPONSE to 72 MOTION to Dismiss by State Defendants filed by R. Kevin Clinton, Andrew Dillon, Linda Dykema, Nick Lyon, Michigan Department of Environmental Quality, Michigan Department of Health and Human Services, Dennis Muchmore, Richard Dale Snyder, State of Michigan, Eden Wells. (Larsen, Zachary) Modified on 11/3/2016 (SOso). [DOCUMENT TITLED STATE DEFENDANT'S RESPONSE TO THE INDIVIDUAL CITY DEFENDANT'S MOTION TO DISMISS]. (Entered: 11/03/2016)

Nov. 3, 2016 PACER
84

RESPONSE to 72 MOTION to Dismiss by State Defendants filed by R. Kevin Clinton, Andrew Dillon, Linda Dykema, Nick Lyon, Michigan Department of Environmental Quality, Michigan Department of Health and Human Services, Dennis Muchmore, Richard Dale Snyder, State of Michigan, Eden Wells. (Larsen, Zachary) Modified on 11/3/2016 (SOso). [DOCUMENT TITLED STATE DEFENDANT'S RESPONSE TO THE CITY OF FLINT'S MOTION TO DISMISS]. (Entered: 11/03/2016)

Nov. 3, 2016 PACER
85

RESPONSE to 73 MOTION to Dismiss Plaintiffs' Second Amended Complaint (Amended Filing) filed by R. Kevin Clinton, Andrew Dillon, Linda Dykema, Nick Lyon, Michigan Department of Environmental Quality, Michigan Department of Health and Human Services, Dennis Muchmore, Richard Dale Snyder, State of Michigan, Eden Wells. (Larsen, Zachary) Modified on 11/3/2016 (SOso). [DOCUMENT TITLED STATE DEFENDANT'S RESPONSE TO THE INDIVIDUAL CITY DEFENDANT'S MOTION TO DISMISS]. (Entered: 11/03/2016)

Nov. 3, 2016 PACER

TEXT-ONLY ORDER Granting 82 MOTION for Leave to File Excess Pages filed by Robert Scott. Signed by District Judge John Corbett O'Meara. (WBar)

Nov. 3, 2016 PACER
86

RESPONSE to 78 MOTION to Change Venue (Concurrence) by the MDEQ Defendants filed by Veolia North America Operating Services, LLC, Veolia North America, Inc., Veolia North America, LLC. (Bush, Cheryl) (Entered: 11/08/2016)

Nov. 8, 2016 PACER
87

STIPULATED ORDER Extending Time to File Response/Reply to 78 MOTION to Change Venue, Response due by 12/1/2016, Reply due by 12/31/2016, Signed by District Judge John Corbett O'Meara. (WBar) (Entered: 11/08/2016)

Nov. 8, 2016 PACER
88

NOTICE of Appearance by Michael R. Williams on behalf of Veolia North America Operating Services, LLC, Veolia North America, Inc., Veolia North America, LLC. (Williams, Michael) (Entered: 11/09/2016)

Nov. 9, 2016 PACER
89

RESPONSE to 78 MOTION to Change Venue filed by R. Kevin Clinton, Andrew Dillon, Linda Dykema, Nick Lyon, Michigan Department of Environmental Quality, Michigan Department of Health and Human Services, Dennis Muchmore, Richard Dale Snyder, State of Michigan, Eden Wells. (Bettenhausen, Margaret) (Entered: 11/10/2016)

Nov. 10, 2016 PACER
90

RESPONSE to 78 MOTION to Change Venue filed by City of Flint. (Berg, Frederick) (Entered: 11/11/2016)

Nov. 11, 2016 PACER

State / Territory: Michigan

Case Type(s):

Public Benefits/Government Services

Special Collection(s):

Flint Water Cases

Key Dates

Filing Date: April 6, 2016

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Residents of Flint, Michigan who allege injuries from the Flint water crisis.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Pending

Defendants

State of Michigan (Lansing, Ingham), State

City of Flint (Flint, Genesee), City

Defendant Type(s):

Hospital/Health Department

Sanitation/Public Works

Case Details

Causes of Action:

42 U.S.C. § 1983

State law

Constitutional Clause(s):

Due Process

Due Process: Substantive Due Process

Equal Protection

Availably Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

None yet

Source of Relief:

None yet

Issues

General:

Disparate Impact

Disparate Treatment

Government Services

Neglect by staff

Pattern or Practice

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

Records Disclosure

Discrimination-basis:

Race discrimination

Race:

Black