Case: Waid v. Snyder (In re Flint Water Cases)

5:16-cv-10444 | U.S. District Court for the Eastern District of Michigan

Filed Date: Feb. 8, 2016

Case Ongoing

Clearinghouse coding complete

Case Summary

This entry describes the consolidated federal class action lawsuits arising out of the Flint water crisis. Background Flint, Michigan historically purchased safe drinking water from Detroit. But in 2014, Flint began to draw water from the Flint River. The Flint River's water was corrosive, but Flint did not properly treat it. The water corroded pipes, causing lead and other toxic substances to leach into Flint's water supply. As a result, many Flint residents were exposed to contaminated water …

This entry describes the consolidated federal class action lawsuits arising out of the Flint water crisis.

Background

Flint, Michigan historically purchased safe drinking water from Detroit. But in 2014, Flint began to draw water from the Flint River. The Flint River's water was corrosive, but Flint did not properly treat it. The water corroded pipes, causing lead and other toxic substances to leach into Flint's water supply. As a result, many Flint residents were exposed to contaminated water and sustained physical and mental injuries.

The Individual Lawsuit

At first, this case (Waid) was one of many similar lawsuits filed after the public found out how dangerous Flint's water was.

On February 8, 2016, a group of Flint residents filed this lawsuit in the U.S. District Court for the Eastern District of Michigan against the State of Michigan, the City of Flint, and many individual city and state employees under 42 U.S.C. § 1983, the Safe Drinking Water Act (42 U.S.C. §§ 300f et seq.), and state law. The plaintiffs alleged that the defendants switched Flint's water supply to the Flint River knowing that the water was unsafe, violating several laws as well as their substantive due process right to bodily integrity. Represented by private counsel, the plaintiffs sought monetary damages and injunctive and declaratory relief.

On February 11, the case was reassigned from District Judge Matthew Leitman in Detroit to District Judge John Corbett O'Meara and Magistrate Judge Mona Majzoub in Ann Arbor.

Given the magnitude of the Flint Water Crisis, other individuals had filed similar claims in federal court. On April 12, 2016, the plaintiffs in this case and Gilcreast v. Lockwood, Andrews & Newman, P.C. moved to consolidate their cases with Mays v. Snyder.

On September 12, 2016, the plaintiffs filed an amended complaint that substituted a § 1983 procedural due process claim for the original complaint's § 1983 bodily integrity claim and added state-law claims against private engineering firms that helped to design and manage Flint's water supply system.

Meanwhile, several of the defendants filed a motion to change venue on October 27, 2016. They argued that local media attention over the Flint water crisis was so overwhelming that it would be nearly impossible to find a fair and impartial jury. They requested a transfer out of state or to the Western District of Michigan. The plaintiffs responded, and the Court never granted the motion.

Soon after, the plaintiffs agreed to dismiss some of the claims against five Michigan Department of Environmental Quality employees. Judge O'Meara entered an order dismissing the Safe Drinking Water Act and some state-law claims against these five defendants on November 3, 2016. However, procedural due process, intentional infliction of emotional distress, nuisance, trespass, gross negligence, and professional negligence claims remained.

The defendants filed additional motions to dismiss and persuaded Judge O'Meara to dismiss the case on February 7, 2017. Adopting the reasoning from McMillian v. Snyder, Judge O'Meara found that the plaintiffs' claims under 42 U.S.C. § 1983 were precluded by the Safe Drinking Water Act. The plaintiffs' Safe Drinking Water Act claims, in turn, were barred by the plaintiffs' failure to provide adequate notice. And with no viable federal claims left, the court declined to exercise supplemental jurisdiction over the plaintiffs' state law claims. Therefore, Judge O'Meara dismissed the case in its entirety.

At this point, a dispute broke out between the defendants about whether the case should have been dismissed. It turned out that Veolia North America (one of the private engineering firm defendants) wanted to keep the state tort claims in federal court. Veolia filed a motion on March 7, 2017 to alter or amend the judgment, arguing that the federal court had jurisdiction over the plaintiffs' state law claims under the Class Action Fairness Act. The state disagreed, but Judge O'Meara found that the Act applied and granted Veolia's motion on May 3.

Similar disputes about the Safe Drinking Water Act and the Class Action Fairness Act emerged in other Flint water crisis lawsuits. Eventually, the Sixth Circuit Court of Appeals determined:

  • The Safe Drinking Water Act did not preempt § 1983 due process and equal protection claims, Boler v. Earley, 865 F.3d 391 (later consolidated with this case);
  • The “local controversy” exception to the Class Action Fairness Act applied to a Flint water class action filed in state court and removed, justifying remand, Mason v. Lockwood, Andrews & Newnam, P.C., 842 F.3d 383; and
  • The “local controversy” exception to the Class Action Fairness Act did not apply to a Flint water class action filed in state court and removed after other class actions related to the Flint water crisis had already been filed against the same defendants, Davenport v. Lockwood, Adam & Newnam, P.C., 854 F.3d 905 (later consolidated with this case).

For reasons that are not clear to the Clearinghouse, Judge O'Meara recused himself on May 12, 2017. The case was assigned to Judge Paul D. Borman, who recused himself two days later. The case was then assigned to Judge Judith E. Levy.

Consolidation

On June 9, 2017, the plaintiffs in this case filed a joint motion to consolidate the other ten pending class action cases related to the Flint Water Crisis. Judge Levy granted the motion to consolidate the following eight cases on July 27, 2017: Nos. 16-cv-10796, 16-cv-11173, 16-cv-11247, 16-cv-12875, 16-cv-14498, 17-cv-10343, 17-cv-10360, and 17-cv-10799. Judge Levy also consolidated this case with No. 17-cv-10996 on August 14, No. 17-cv-10941 on October 25, No. 15-cv-14002 on April 9, 2018, and No. 16-cv-10323 on April 17, 2018.

After consolidation, the plaintiffs filed several amended complaints. They eventually proceeded under the consolidated class action complaint filed on January 25, 2018. The amended complaint added § 1983 bodily integrity claims, Fifth and Fourteenth Amendment equal protection claims involving racial and wealth discrimination, a 42 U.S.C. § 1985(3) racial animus claim, a Monell claim alleging that Flint's policies and practices led to violations of the plaintiffs' constitutional rights, and additional state law claims.

However, non-class actions were not consolidated. Instead, Judge Levy directed all individual federal plaintiffs to use a standardized complaint—the "Master Short Form Complaint." The Short Form contained checkboxes of all defendants and causes of action that plaintiffs could use to describe their individual claims. Details were spelled out in a Master Long Form Complaint that the Short Form incorporated by reference. Judge Levy's order directing individual plaintiffs to use the Long and Short Forms was filed in this case on January 23, 2018. However, the Long and Short Forms themselves were filed in Walters v. Flint (No. 16-cv-10164), one of the individual federal cases, on December 15 and 22, 2017 respectively.

Judge Levy also marshaled additional resources to help resolve the litigation. She appointed former Senator Carl Levin and former Wayne County Chief Judge Pro Tem Pamela Harwood as facilitative mediators on January 9, 2018. And on July 5, she appointed Deborah Greenspan as Special Master to help with discovery and other matters. Mediation continued during the subsequent legal disputes.

Legal Questions

On August 1, 2018, Judge Levy ruled on the defendants' motion to dismiss. Judge Levy found:

  • The plaintiffs failed to state a state-created danger claim because the government's actions did not increase the risk of harm posed to the plaintiffs by any third parties or create a “special danger” to specific individuals;
  • The individual plaintiffs (but not the business plaintiffs) stated bodily integrity substantive due process claims under Guertin v. Michigan, and the defendants were not entitled to qualified immunity;
  • The plaintiffs failed to state an equal protection claim based on the theory that Flint residents received different water than other Genesee County residents because they did not allege that the defendants controlled both water supplies;
  • The plaintiffs did not state a § 1985(3) racial animus claim or a related state-law race discrimination claim because the plaintiffs consisted of all water users in Flint rather than those of a particular race;
  • The plaintiffs adequately pled that policies promulgated by Flint's emergency manager “may fairly be said to represent official policy for Flint,” supporting the plaintiffs' Monell claims;
  • The plaintiffs failed to plead fraud with adequate specificity;
  • The plaintiffs' ordinary negligence claims against the private defendants were improper because the private defendants relied on specialized expertise that fit under the professional negligence rubric, and gross negligence was not a separate tort under Michigan law; and
  • The plaintiffs failed to state a negligent infliction of emotional distress claim against the private defendants. 329 F. Supp. 3d 369.

The court's decision was short-lived. Individual defendants who had not been dismissed moved for reconsideration starting on August 15. Others appealed, starting on August 21. And the plaintiffs moved to amend their complaint on October 5. Judge Levy vacated the August 1 decision to allow the plaintiffs to amend on November 9. As a result, the Sixth Circuit dismissed a series of appeals from the August 1 decision on February 19, 2019. 2019 WL 4121023.

On April 1, 2019, Judge Levy granted the plaintiffs' request to amend their bodily integrity claim against the former Governor and the factual allegations of the complaint but denied the motion to amend as to all other claims.

The April 1 order also addressed the defendants' renewed motions to dismiss. Most of the reasoning tracked the court's August 1 order. Specifically, Judge Levy granted Michigan's motion to dismiss on the basis of sovereign immunity. She also dismissed the plaintiffs' state-created danger, equal protection, § 1985(3), fraud, negligent infliction of emotional distress, negligence, and gross negligence claims. After this order, the only claims remaining in the suit were bodily integrity against various city and state officials, Monell liability against the City of Flint, and professional negligence against two private defendants (Lockwood and Veolia). 384 F. Supp. 3d 802. In the ensuing weeks, various defendants filed a series of appeals.

During the summer and fall of 2019, the parties engaged in discovery and continued to work on a settlement. On January 23, 2020, several of the defendants filed for a protective order, asking that they not be deposed until the Sixth Circuit ruled on whether they were entitled to qualified immunity. In response, Judge Levy stayed discovery related to claims against which they claimed immunity. 2020 WL 1815040 (Apr. 9, 2020).

The Sixth Circuit resolved the remaining legal disputes over the summer of 2020. First, the court (Judges Karen Nelson Moore and Gilbert S. Merritt) denied qualified immunity to the city and state officers on the plaintiffs' bodily integrity claim because of factual disputes about what the officers knew at the time. Next, it determined that Flint could not claim Eleventh Amendment immunity because it was not an "arm of the state" notwithstanding control by the state's emergency manager. Finally, the court held that the Governor could be sued for prospective injunctive relief under the Ex parte Young exception to state sovereign immunity. (The court did ask the district court to decide whether to dismiss the former State Treasurer in light of new evidence suggesting that the Treasurer was not in office when key decisions about Flint's water were taken.) Judge Eric E. Murphy concurred in part and dissented in part, arguing that the bodily integrity claims against the former Governor and Treasurer should be dismissed. 960 F.3d 303. On June 2, 2020, the same panel unanimously allowed discovery to proceed against the former Governor and State Treasurer, who had sought protective orders while they continued to litigate their qualified immunity defenses. 960 F.3d 820.

Settlement

On August 20, 2020, the plaintiffs reached a preliminary settlement with the State defendants. According to a press release from the plaintiffs' attorneys and a news report, Michigan agreed to create a $600 million settlement fund against which Flint residents and businesses could make claims. About 80% of the funds were earmarked for minors, and $12 million would be spent on educational programs for children harmed by lead. The amount of attorneys' fees was not determined, and the private defendants (Lockwood and Veolia) were not parties to the proposed settlement.

The court stayed the case as to the State defendants on September 1, 2020, possibly to allow the parties to finalize the settlement agreement. Litigation against the private defendants continued.

On November 10, 2021, after nearly a year of discovery, the court approved the settlement, which totaled $626.25 million.

A month later the private defendants (Veolia and Lockwood) petitioned for permission to appeal the district court's class certification order. On January 24, 2022, the court denied their petition for permission to appeal the class certification. 

On February 4, 2022, the court held that the attorneys' fees the court awarded was less than 31.33% of the total $626.25 million settlement amount. This was affirmed as reasonable and well within the range approved by other courts. 

Two weeks later the court entered their final judgment and order of dismissal with prejudice implementing partial settlement. The court held there was no just reason for delay in entering this final judgment as to only the parties to the settlement agreement, which are fewer than all of the parties and claims in the action.  There was an amended final judgment entered on March 3, 2022.

As of March 18, 2022, there were two pending appeals against the February 4th order on motion for attorneys' fees, and one appeal against the final amended judgment.

Summary Authors

Mackenzie Walz (4/21/2019)

Timothy Leake (3/10/2020)

Jack Hibbard (6/23/2020)

Timothy Leake (9/5/2020)

Calvin Kim (3/18/2022)

Related Cases

Mays v. Snyder, Eastern District of Michigan (2015)

Washington v. Snyder, Eastern District of Michigan (2016)

Flint Water Crisis Legionella Cases, Eastern District of Michigan (2017)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4513558/parties/waid-v-snyder/


Judge(s)

Donald, Bernice Bouie (Tennessee)

Gibbons, Julia Smith (Tennessee)

Gilman, Ronald Lee (Tennessee)

Griffin, Richard Allen (Michigan)

Kethledge, Raymond M. (Michigan)

Levy, Judith Ellen (Michigan)

Majzoub, Mona K. (Michigan)

Moore, Karen Nelson (Ohio)

O'Meara, John Corbett (Michigan)

Patti, Anthony P. (Michigan)

Judge(s)

Donald, Bernice Bouie (Tennessee)

Gibbons, Julia Smith (Tennessee)

Gilman, Ronald Lee (Tennessee)

Griffin, Richard Allen (Michigan)

Kethledge, Raymond M. (Michigan)

Levy, Judith Ellen (Michigan)

Majzoub, Mona K. (Michigan)

Moore, Karen Nelson (Ohio)

O'Meara, John Corbett (Michigan)

Patti, Anthony P. (Michigan)

Stafford, Elizabeth A. (Michigan)

Stranch, Jane Branstetter (Tennessee)

Attorneys(s) for Plaintiff

Abood, Andrew P. (Michigan)

Altman, Keith L. (Michigan)

Amodeo, Salvatore A. (Michigan)

Asaka, Anson (Maryland)

Bagenstos, Samuel R. (Michigan)

Benedetto, Conrad J. (Pennsylvania)

Berezofsky, Esther (New Jersey)

Bern, Marc J. (New York)

Berry, Bradford (Maryland)

Bhatia, Vineet (Texas)

Bingman, Teresa Ann Caine (Michigan)

Blake, Jayson E. (Michigan)

Broaddus, John McNeill (New Jersey)

Bronstein, Peretz (New York)

Burke, Susan L. (District of Columbia)

Carley, Joseph K. (Michigan)

Cobbs, Robert (District of Columbia)

Connors, Jordon W. (Washington)

Craine, Khyla Danielle (Maryland)

Cuker, Mark R. (Pennsylvania)

Dawson, Donald H. Jr. (Michigan)

Deich, Alison Sarah (District of Columbia)

Dezbor, Danielle Lynn (Michigan)

Fuller, Michael Jay (Mississippi)

Gjonaj, Diana (Michigan)

Goodman, William Harry (Michigan)

Greenwald, Robin L. (New York)

Hansel, Sarah T. (New Jersey)

Hoek, Kathryn P. (California)

Humphrey, Debra J. (New York)

Hurwitz, Julie H. (Michigan)

James, Kathryn Bruner (Michigan)

Kern, Chet W. (New York)

Kettler, Molly (Michigan)

Kinsey, Euel W. Jr. (Michigan)

Kresch, Ari (Michigan)

Kull, Anna (New York)

Labelle, Deborah A. (Michigan)

Lanciotti, Patrick J. (New York)

Leopold, Theodore J. (Florida)

Levens, Emmy L. (District of Columbia)

Lindsey, Cynthia M. (Michigan)

Littleton, Ray H. (Michigan)

Markos, Christopher (New Jersey)

Martinez, Cirilo (Michigan)

Mason, James (Illinois)

McAlpine, Mark L. (Michigan)

McGehee, Cary S. (Michigan)

McKeen, Brian J. (Michigan)

Meeder, Jessica Hamman (Maryland)

Monroe, Stephen Frederick (Illinois)

Morrissey, Stephen E. (Washington)

Murphy, William H. III (Maryland)

Napoli, Paul J. (New York)

Nelson, Justin (Texas)

Novak, Paul F. (Michigan)

Peaslee, Katherine M. (Washington)

Pierson, Kit A. (District of Columbia)

Pitt, Michael L. (Michigan)

Quirk, Michael J. (Michigan)

Radner, Solomon M. (Michigan)

Raymond, Shawn (Texas)

Rivers, Beth M. (Michigan)

Russo, Teresa Marie (Illinois)

Schaktman, Elliot M. (New York)

Schnatz, Adam T. (Michigan)

Schulman, Jonathan E. (New York)

Sealey, Shermane T. (Michigan)

Sellers, Joseph Marc (District of Columbia)

Sharp, Ryan Steven (New York)

Shea, David J. (Michigan)

Shkolnik, Hunter (New York)

Sinkovich, Madeline M. (Michigan)

Slater, Adam P. (New York)

Stamatopoulos, Gregory (Michigan)

Szokoly, Nicholas Adam (Maryland)

Vergara, Claire D'Lou (Michigan)

Vusse, Bruce A. Vande (Michigan)

Washington, Valdemar L. (Michigan)

Weglarz, Todd J. (Michigan)

Weiner, Jessica B. (District of Columbia)

Weinfield, Neal H. (Illinois)

Weiss, Daniel B. (New York)

Wolkinson, David (Michigan)

Yiftach, Shimon (New York)

Young, Trachelle C. (Michigan)

Attorneys(s) for Defendant

Anderson, Tyler J. (Michigan)

Barbieri, Charles E. (Michigan)

Beach, Karen E. (Michigan)

Belisle, Stacy J. (Michigan)

Berg, Frederick A. (Michigan)

Berger, Jay M. (Michigan)

Bettenhausen, Margaret A. (Michigan)

Bolton, Jordan S. (Michigan)

Branch, Nikkiya (Michigan)

Burdick, James W. (Michigan)

Bush, Cheryl A. (Michigan)

Cafferty, Michael S. (Michigan)

Campbell, James M. (Massachusetts)

Chartier- Mittendorf, Mary (Michigan)

Chubb, Anthony K (Michigan)

Ciullo, Courtney B. (Michigan)

Clare, Christopher B. (District of Columbia)

Cohen, Jason Todd (District of Columbia)

Collins, Allison M. (Michigan)

Cronk, Peter D. (Michigan)

David, Javon Rachael (Michigan)

Devine, Alaina N. (Massachusetts)

DeVine, David J. (Michigan)

Driker, Eugene (Michigan)

Dupre, Kristin Michele (Massachusetts)

Dwyer, Lisa L. (Michigan)

Egan, Dennis K. (Michigan)

Erickson, Phillip (Michigan)

Eriksson, Reed E. (Michigan)

Fajen, James A. (Michigan)

Galvin, Joseph F. (Michigan)

Gambill, Nathan A. (Michigan)

Geroux, Debra A. (Michigan)

Gildner, Michael J. (Michigan)

Gilliam, Courtney B. (Michigan)

Grashoff, Philip A. Jr. (Michigan)

Grunert, John A.K. (Massachusetts)

Hammoud, Fadwa Alawieh (Michigan)

Hickland, Jude T. (Texas)

Jackson, Krista A. (Michigan)

Kamenec, Robert G. (Michigan)

Kent, David C. (Texas)

Kilby, Kevin K. (Michigan)

Kim, William Young (Michigan)

Klein, Sheldon H. (Michigan)

Klein [inactive], Sheldon H (Michigan)

Kliffel, William J. (Michigan)

Krause, Kurt E. (Michigan)

Kuhl, Richard S. (Michigan)

Larsen, Zachary C. (Michigan)

Mair, Gregory W. (Michigan)

Marker, Christopher James (Michigan)

Mateo, T. Santino (Michigan)

McElvaine, Bryan David (New Jersey)

McGraw, Thomas J. (Michigan)

Meihn, Gregory M. (Michigan)

Mendel, Todd R. (Michigan)

Meyer, Brett T. (Michigan)

Meyers, David W. (Michigan)

Mikalonis, Saulius K. (Michigan)

Miller, Megen Elise (Michigan)

Moran, Jennifer R. (Michigan)

Morgan, Thaddeus E. (Michigan)

Oakes, Stacy Erwin (Michigan)

O'Donnell, John Joseph (Pennsylvania)

O'Neil, Joseph E. (Pennsylvania)

Pattwell, Michael J. (Michigan)

Penhallegon, John R. (Pennsylvania)

Perkins, Todd Russell (Michigan)

Perry, Michael H. (Michigan)

Ping, Daniel J. (Michigan)

Piper, Kailen C. (Michigan)

Prior, Jack B. (Illinois)

Quinn, William (District of Columbia)

Rey, Eric (District of Columbia)

Reynolds, Sarah E. (Illinois)

Richotte, Joseph E. (Michigan)

Ringstad, Andreas (Pennsylvania)

Roberts, Jared A (Michigan)

Rogers, David M. (Massachusetts)

Roth, David B. (Michigan)

Rusek, Alexander S. (Michigan)

Sawin, John S. (Illinois)

Stern, Corey M. (New York)

Stowers, Rhonda R. (Michigan)

Stritmatter, Christopher A. (Michigan)

Ter Molen, Mark R (Illinois)

Thompson, Craig S. (Michigan)

Walthall, Timothy B. (District of Columbia)

Wheeler, Angela N. (Michigan)

Williams, Michael R. (Michigan)

Wise, Matthew (Michigan)

Witus, Morley (Michigan)

Wolf, Barry A. (Michigan)

Zeineh, Edwar A. (Michigan)

Other Attorney(s)

Fletcher, Shayla A. (Michigan)

Geske, Paul T. (Illinois)

Goodwin, Julia Marie (Illinois)

Guinn, Kristen E. (Michigan)

Hart, David E. (Michigan)

Jensen, Larry (Michigan)

Kroeger, Leslie M (Florida)

Laidler, Kevin L. (Michigan)

Latanision, David Alexander (New York)

MacDonald, J. Brian (Michigan)

Massey, Jonathan (District of Columbia)

McLaughlin, Robert J. (Illinois)

Mitchell, Matthew (Michigan)

Rabin, Jonathon A. (Michigan)

Sanders, Herbert A. (Michigan)

Segars, Darryl Keenan (Michigan)

Smith, Susan Elizabeth (Maryland)

Stamler, Patricia A (Michigan)

Tallman, Sarah C. (Illinois)

Thomson, Elizabeth C. (Michigan)

Tribe, Laurence (Massachusetts)

Tsai, Cindy (Illinois)

Turchyn, Matthew J (Michigan)

Walker, Renner Kincaid (New York)

Expert/Monitor/Master

Greenspan, Deborah E. (District of Columbia)

Documents in the Clearinghouse

Document

Docket

Rogers v. Lockwood

July 27, 2017 Docket

Docket

Lowery v. Snyder

July 27, 2017 Docket

Docket

Gilcreast et al v. Lockwood, Andrews & Newnam, P.C. et al

July 28, 2017 Docket

Docket

McMillian v. Snyder

July 28, 2017 Docket

Docket

Village Shores v. Lockwood

July 28, 2017 Docket

Docket

Davenport v. Lockwood

July 28, 2017 Docket

Docket

Mays v. Snyder

Aug. 15, 2017 Docket

Docket

Travis v. Lockwood

Oct. 25, 2017 Docket

Docket

Mays v. Snyder

April 9, 2018 Docket

Docket

Boler v. Early

April 17, 2018 Docket

Resources

Title Description External URL

Flint Water Official Settlement Website

Official Flint Water Settlement

The Judge in the Flint Water settlement has established January 12, 2022 as the date for the start of the Claims Period. June 12, 2022 https://www.officialflintwatersettlement.com/

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4513558/waid-v-snyder/

Last updated May 12, 2022, 8 p.m.

ECF Number Description Date Link
1

COMPLAINT filed by All Plaintiffs against Gerald Ambrose, Stephen Busch, City of Flint, Patrick Cook, Howard Croft, Darnell Earley, Michael Glasgow, Michael Prysby, Adam Rosenthal, RICHARD D SNYDER, State of Michigan, Dayne Walling, Bradley Wurfel, Daniel Wyant, Daugherty johnson, Liane shekter-smith with Jury Demand. Plaintiff requests summons issued. Receipt No: 0645-5543867 - Fee: $ 400. County Where Action Arose: Genesee County - [Previously dismissed case: No] [Possible companion case(s): None] (Carley, Joseph) Modified on 2/8/2016 (DWor). [ATTORNEY DOES NOT WANT SUMMONS ISSUED TO JOSEPH CARLEY BUT TO BRIAN MCKEEN] (Entered: 02/08/2016)

Feb. 8, 2016 Clearinghouse
2

NOTICE by All Plaintiffs Ex-Parte Motion for Appointment of Next Friend (Carley, Joseph) (Entered: 02/08/2016)

Feb. 8, 2016 PACER
3

CONSENT by All Plaintiffs (Carley, Joseph) Modified on 2/9/2016 (DWor). [DOCUMENT ENTITLED "SUBSTITUTION OF COUNSEL"] (Entered: 02/08/2016)

Feb. 8, 2016 PACER
4

ORDER for Substitution of Attorney. Attorney Brian J. McKeen for Michelle Rodriguez and Luke Waid added. Signed by District Judge Matthew F. Leitman. (HMon) (Entered: 02/09/2016)

Feb. 9, 2016 PACER

Notice to Parties of Consent of a Civil Action before a Magistrate Judge Option

Feb. 9, 2016 PACER
5

SUMMONS Issued for * All Defendants * (DWor) (Entered: 02/09/2016)

Feb. 9, 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 (DWor)

Feb. 9, 2016 PACER
6

ORDER REASSIGNING CASE from District Judge Matthew F. Leitman 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: 02/11/2016)

Feb. 11, 2016 PACER
7

ORDER appointing next friend. Signed by District Judge John Corbett O'Meara. (DPer) (Entered: 02/12/2016)

Feb. 12, 2016 PACER
8

NOTICE of Appearance by Mark L. McAlpine on behalf of McAlpine PC. (McAlpine, Mark) (Entered: 02/18/2016)

Feb. 18, 2016 PACER
9

AMENDED 8 Notice of Appearance by McAlpine PC (McAlpine, Mark) (Entered: 02/19/2016)

Feb. 19, 2016 PACER
10

CERTIFICATE OF SERVICE by McAlpine PC (McAlpine, Mark) Modified on 2/23/2016 (DWor). [AMENDED] (Entered: 02/23/2016)

Feb. 23, 2016 PACER
11

ATTORNEY APPEARANCE: Hunter Shkolnik appearing on behalf of All Plaintiffs (Shkolnik, Hunter) (Entered: 03/08/2016)

March 8, 2016 PACER
12

NOTICE by All Plaintiffs Notice of Motion to Consolidate (Attachments: # 1 Exhibit) (Shea, David) (Entered: 04/12/2016)

1 Exhibit

View on PACER

April 12, 2016 Clearinghouse
13

NOTICE of Appearance by Euel W. Kinsey, Jr on behalf of All Plaintiffs. (Kinsey, Euel) (Entered: 06/01/2016)

June 1, 2016 PACER
14

Emergency MOTION Extension of Summons by All Plaintiffs. (Attachments: # 1 Exhibit Complaint, # 2 Exhibit Summons, # 3 Exhibit Opinion and Order) (Kinsey, Euel) (Entered: 06/01/2016)

1 Exhibit Complaint

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2 Exhibit Summons

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3 Exhibit Opinion and Order

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June 1, 2016 PACER
15

ORDER granting 14 Motion to Extend Summons. Signed by District Judge John Corbett O'Meara. (SSch) (Entered: 06/13/2016)

June 10, 2016 PACER
16

NOTICE by All Plaintiffs re 14 Emergency MOTION Extension of Summons Errata Re Plaintiffs Emergency Motion to Extend Life of Summons (Attachments: # 1 Exhibit County Case Docket, # 2 Exhibit Court of Claims Docket, # 3 Exhibit Collins Complaint, # 4 Exhibit Mays Complaint, # 5 Exhibit Federal Court Docket, # 6 Exhibit Mason Docket, # 7 Exhibit Mason Removal, # 8 Exhibit Mason Intervention, # 9 Exhibit Mason Remand, # 10 Exhibit Boler Opinion, # 11 Exhibit June 1 Email, # 12 Exhibit June 2 Email, # 13 Exhibit June 3 Email, # 14 Exhibit Def Early et al Motion for Reconsideration) (Kinsey, Euel) (Entered: 06/16/2016)

1 Exhibit County Case Docket

View on PACER

2 Exhibit Court of Claims Docket

View on PACER

3 Exhibit Collins Complaint

View on PACER

4 Exhibit Mays Complaint

View on PACER

5 Exhibit Federal Court Docket

View on PACER

6 Exhibit Mason Docket

View on PACER

7 Exhibit Mason Removal

View on PACER

8 Exhibit Mason Intervention

View on PACER

9 Exhibit Mason Remand

View on PACER

10 Exhibit Boler Opinion

View on PACER

11 Exhibit June 1 Email

View on PACER

12 Exhibit June 2 Email

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13 Exhibit June 3 Email

View on PACER

14 Exhibit Def Early et al Motion for Reconsideration

View on PACER

June 16, 2016 PACER
17

STIPULATION FOR AN EXTENSION OF TIME TO FILE RESPONSIVE PLEADINGS FOR DEFENDANTS WURFEL, WYANT, BUSCH, SMITH, COOK, PRYSBY AND ROSENTHAL by All Plaintiffs (Shkolnik, Hunter) (Entered: 07/29/2016)

July 29, 2016 PACER
18

NOTICE of Appearance by Michael J. Pattwell on behalf of Bradley Wurfel. (Pattwell, Michael) (Entered: 07/29/2016)

July 29, 2016 PACER
19

NOTICE of Appearance by Michael J. Pattwell on behalf of Daniel Wyant. (Pattwell, Michael) (Entered: 07/29/2016)

July 29, 2016 PACER
20

NOTICE of Appearance by William Young Kim on behalf of Gerald Ambrose, Howard Croft, Darnell Earley, Flint, City of, Michael Glasgow, Dayne Walling, Daugherty johnson. (Kim, William) (Entered: 08/02/2016)

Aug. 2, 2016 PACER
21

NOTICE of Appearance by Stacy Erwin Oakes on behalf of Flint, City of. (Erwin Oakes, Stacy) (Entered: 08/02/2016)

Aug. 2, 2016 PACER
22

ORDER Extending Time for Defendants Wurfel, Wyant, Busch, Smith, Cook, Prysby, and Rosenthal to Respond to 1 Complaint; Responsive Pleading due by 11/4/2016, Signed by District Judge John Corbett O'Meara. (WBar) (Entered: 08/03/2016)

Aug. 3, 2016 PACER
23

NOTICE of Appearance by Krista A. Jackson on behalf of Stephen Busch. (Jackson, Krista) (Entered: 08/03/2016)

Aug. 3, 2016 PACER
24

ATTORNEY APPEARANCE: Dennis K. Egan appearing on behalf of Stephen Busch w/Certificate of Service (Egan, Dennis) (Entered: 08/03/2016)

Aug. 3, 2016 PACER
25

ATTORNEY APPEARANCE: Courtney B. Ciullo appearing on behalf of Stephen Busch w/Certificate of Service (Ciullo, Courtney) (Entered: 08/03/2016)

Aug. 3, 2016 PACER
26

ATTORNEY APPEARANCE: Philip A. Grashoff, Jr appearing on behalf of Stephen Busch w/Certificate of Service (Grashoff, Philip) (Entered: 08/03/2016)

Aug. 3, 2016 PACER
27

Ex Parte MOTION Additional Brief Pages by Gerald Ambrose, Howard Croft, Darnell Earley, Flint, City of, Michael Glasgow, Dayne Walling, Daugherty johnson. (Kim, William) (Entered: 08/17/2016)

Aug. 17, 2016 Clearinghouse

Text-Only Order

Aug. 18, 2016 PACER

TEXT-ONLY ORDER Granting 27 Ex Parte MOTION Additional Brief Pages. Signed by District Judge John Corbett O'Meara. (WBar)

Aug. 18, 2016 PACER
28

MOTION to Dismiss by Gerald Ambrose, Howard Croft, Darnell Earley, Flint, City of, Michael Glasgow, Dayne Walling, Daugherty johnson. (Attachments: # 1 Index of Exhibits Index of Exhibits, # 2 Exhibit Exhibit A, # 3 Exhibit Exhibit B, # 4 Exhibit Exhibit C, # 5 Exhibit Exhibit D, # 6 Exhibit Exhibit E, # 7 Exhibit Exhibit F, # 8 Exhibit Exhibit G, # 9 Exhibit Exhibit H, # 10 Exhibit Exhibit I) (Kim, William) (Entered: 08/22/2016)

1 Index of Exhibits Index of Exhibits

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2 Exhibit Exhibit A

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3 Exhibit Exhibit B

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4 Exhibit Exhibit C

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5 Exhibit Exhibit D

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6 Exhibit Exhibit E

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7 Exhibit Exhibit F

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8 Exhibit Exhibit G

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9 Exhibit Exhibit H

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10 Exhibit Exhibit I

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Aug. 22, 2016 PACER
29

NOTICE of Appearance by Frederick A. Berg on behalf of Flint, City of. (Berg, Frederick) (Entered: 08/24/2016)

Aug. 24, 2016 PACER
30

NOTICE of Appearance by Sheldon H. Klein on behalf of Flint, City of. (Klein, Sheldon) (Entered: 08/24/2016)

Aug. 24, 2016 PACER
31

AMENDED COMPLAINT with Jury Demand filed by All Plaintiffs against All Defendants. NEW PARTIES ADDED. (Shkolnik, Hunter) (Entered: 09/12/2016)

Sept. 12, 2016 Clearinghouse

Request for Additional Summons

Sept. 12, 2016 PACER

REQUEST for SUMMONS for Edward Kurtz, Michigan Department of Environmental Quality, Veolia Environnement S.A., Veolia North America Operating Services, LLC, Veolia North America, Inc., Veolia North America, LLC. (Shkolnik, Hunter)

Sept. 12, 2016 PACER
32

SUMMONS Issued for *Edward Kurtz, Michigan Department of Environmental Quality, Veolia Environnement S.A., Veolia North America Operating Services, LLC, Veolia North America, Inc., Veolia North America, LLC* (DWor) (Entered: 09/13/2016)

Sept. 13, 2016 PACER
33

NOTICE of Appearance by Christopher B. Clare on behalf of Bradley Wurfel, Daniel Wyant. (Clare, Christopher) (Entered: 09/15/2016)

Sept. 15, 2016 PACER
34

ATTORNEY APPEARANCE: Margaret A. Bettenhausen appearing on behalf of RICHARD D SNYDER, State of Michigan (Bettenhausen, Margaret) (Entered: 09/21/2016)

Sept. 21, 2016 PACER
35

ATTORNEY APPEARANCE: Richard S. Kuhl appearing on behalf of RICHARD D SNYDER, State of Michigan (Kuhl, Richard) (Entered: 09/21/2016)

Sept. 21, 2016 PACER
36

ATTORNEY APPEARANCE: Nathan A. Gambill appearing on behalf of RICHARD D SNYDER, State of Michigan (Gambill, Nathan) (Entered: 09/21/2016)

Sept. 21, 2016 PACER
37

ATTORNEY APPEARANCE: Zachary C. Larsen appearing on behalf of RICHARD D SNYDER, State of Michigan (Larsen, Zachary) (Entered: 09/21/2016)

Sept. 21, 2016 PACER
38

STIPULATED ORDER Extending Time to Respond to 31 Amended Complaint; Responsive Pleading due by 10/7/2016, Signed by District Judge John Corbett O'Meara. (WBar) (Entered: 09/26/2016)

Sept. 26, 2016 PACER
39

STIPULATION re 31 Amended Complaint for Entry of an Order Extending Page Limit by RICHARD D SNYDER, State of Michigan (Bettenhausen, Margaret) (Entered: 09/26/2016)

Sept. 26, 2016 PACER

Text-Only Order

Sept. 27, 2016 PACER

TEXT-ONLY ORDER Granting 39 Stipulation. Signed by District Judge John Corbett O'Meara. (WBar)

Sept. 27, 2016 PACER
40

NOTICE of Appearance by Charles E. Barbieri on behalf of Patrick Cook, Michael Prysby, Adam Rosenthal. (Barbieri, Charles) (Entered: 09/29/2016)

Sept. 29, 2016 PACER
41

NOTICE of Appearance by Allison M. Collins on behalf of Patrick Cook, Michael Prysby, Adam Rosenthal. (Collins, Allison) (Entered: 09/29/2016)

Sept. 29, 2016 PACER
42

MOTION to Dismiss with Brief in Support Under Fed. R. Civ. P. 12(b)(1) and (b)(6) by RICHARD D SNYDER, State of Michigan. (Attachments: # 1 Index of Exhibits, # 2 Exhibit Ex. 1, # 3 Exhibit Ex. 2, # 4 Exhibit Ex. 3, # 5 Exhibit Ex. 4, # 6 Exhibit Ex. 5) (Bettenhausen, Margaret) (Entered: 10/03/2016)

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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6 Exhibit Ex. 5

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Oct. 3, 2016 PACER
43

Ex Parte MOTION for Leave to File Excess Pages by Gerald Ambrose, Howard Croft, Darnell Earley, Flint, City of, Michael Glasgow, Dayne Walling, Daugherty johnson. (Kim, William) (Entered: 10/05/2016)

Oct. 5, 2016 PACER

Text-Only Order

Oct. 5, 2016 PACER

TEXT-ONLY ORDER Granting 43 Ex Parte MOTION for Leave to File Excess Pages. Signed by District Judge John Corbett O'Meara. (WBar)

Oct. 5, 2016 PACER
44

NOTICE of Appearance by Eugene Driker on behalf of RICHARD D SNYDER. (Driker, Eugene) (Entered: 10/06/2016)

Oct. 6, 2016 PACER
45

NOTICE of Appearance by Todd R. Mendel on behalf of RICHARD D SNYDER. (Mendel, Todd) (Entered: 10/06/2016)

Oct. 6, 2016 RECAP
46

NOTICE of Appearance by Morley Witus on behalf of RICHARD D SNYDER. (Witus, Morley) (Entered: 10/06/2016)

Oct. 6, 2016 PACER
47

MOTION to Dismiss by Gerald Ambrose, Howard Croft, Darnell Earley, Flint, City of, Michael Glasgow, Dayne Walling, Daugherty johnson. (Attachments: # 1 Index of Exhibits Table of Exhibits, # 2 Exhibit Exhibit A, # 3 Exhibit Exhibit B, # 4 Exhibit Exhibit C, # 5 Exhibit Exhibit D, # 6 Exhibit Exhibit E, # 7 Exhibit Exhibit F, # 8 Exhibit Exhibit G, # 9 Exhibit Exhibit H, # 10 Exhibit Exhibit I, # 11 Exhibit Exhibit J) (Kim, William) (Entered: 10/07/2016)

1 Index of Exhibits Table of Exhibits

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2 Exhibit Exhibit A

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3 Exhibit Exhibit B

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4 Exhibit Exhibit C

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5 Exhibit Exhibit D

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6 Exhibit Exhibit E

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7 Exhibit Exhibit F

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8 Exhibit Exhibit G

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9 Exhibit Exhibit H

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10 Exhibit Exhibit I

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11 Exhibit Exhibit J

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Oct. 7, 2016 PACER
48

NOTICE of Appearance by Jordan S. Bolton on behalf of Bradley Wurfel. (Bolton, Jordan) (Entered: 10/18/2016)

Oct. 18, 2016 PACER
49

NOTICE of Appearance by Jordan S. Bolton on behalf of Daniel Wyant. (Bolton, Jordan) (Entered: 10/18/2016)

Oct. 18, 2016 PACER
50

MOTION For Leave to File Excess Pages by All Plaintiffs. (Shkolnik, Hunter) (Entered: 10/21/2016)

Oct. 21, 2016 PACER

Text-Only Order

Oct. 24, 2016 PACER

TEXT-ONLY ORDER Granting 50 MOTION For Leave to File Excess Pages filed by Luke waid, Michelle rodriguez, SR. Signed by District Judge John Corbett O'Meara. (WBar)

Oct. 24, 2016 PACER
51

NOTICE of Appearance by Jay M. Berger on behalf of Bradley Wurfel, Daniel Wyant. (Berger, Jay) (Entered: 10/24/2016)

Oct. 24, 2016 PACER
52

RESPONSE to 42 MOTION to Dismiss with Brief in Support Under Fed. R. Civ. P. 12(b)(1) and (b)(6) filed by All Plaintiffs. (Attachments: # 1 Exhibit Unpublished Cases) (Shkolnik, Hunter) (Entered: 10/24/2016)

1 Exhibit Unpublished Cases

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Oct. 24, 2016 PACER
53

MOTION for Leave to File Excess Pages by Daniel Wyant. (Clare, Christopher) (Entered: 10/26/2016)

Oct. 26, 2016 PACER
54

MOTION for Leave to File Excess Pages by Bradley Wurfel. (Clare, Christopher) (Entered: 10/26/2016)

Oct. 26, 2016 PACER
55

NOTICE of Appearance by Salvatore A. Amodeo on behalf of All Plaintiffs. (Amodeo, Salvatore) Modified on 10/27/2016 (DWor). [DOCUMENT ENTITLED "CONSENT ORDER GRANTING SUBSTITUTION OF ATTORNEY"] (Entered: 10/26/2016)

Oct. 26, 2016 PACER

TEXT-ONLY ORDER Granting 53 MOTION for Leave to File Excess Pages filed by Daniel Wyant. Signed by District Judge John Corbett O'Meara. (WBar)

Oct. 27, 2016 PACER

TEXT-ONLY ORDER Granting 54 MOTION for Leave to File Excess Pages filed by Bradley Wurfel. Signed by District Judge John Corbett O'Meara. (WBar)

Oct. 27, 2016 PACER
56

MOTION for Leave to File Excess Pages by All Plaintiffs. (Shkolnik, Hunter) (Entered: 10/27/2016)

Oct. 27, 2016 PACER

Text-Only Order

Oct. 27, 2016 PACER
57

MOTION to Change Venue by Stephen Busch, Patrick Cook, Michael Prysby, Adam Rosenthal, Bradley Wurfel, Daniel Wyant, 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 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 Clearinghouse

TEXT-ONLY ORDER Granting 56 MOTION for Leave to File Excess Pages. Signed by District Judge John Corbett O'Meara. (WBar)

Oct. 27, 2016 PACER
58

RESPONSE to 47 MOTION to Dismiss filed by RICHARD D SNYDER, State of Michigan. (Gambill, Nathan) (Entered: 10/28/2016)

Oct. 28, 2016 PACER
59

RESPONSE to 47 MOTION to Dismiss filed by All Plaintiffs. (Attachments: # 1 Exhibit Unpublished Cases) (Shkolnik, Hunter) (Entered: 10/28/2016)

1 Exhibit Unpublished Cases

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Oct. 28, 2016 PACER
60

NOTICE by Michigan Department of Environmental Quality, RICHARD D SNYDER, State of Michigan of withdrawal of 42 MOTION to Dismiss with Brief in Support Under Fed. R. Civ. P. 12(b)(1) and (b)(6) and Stipulation to Establish Deadline to Respond to First Amended Complaint (Dkt. 31). (Bettenhausen, Margaret) (Entered: 10/31/2016)

Oct. 31, 2016 PACER
61

STIPULATION re 31 Amended Complaint Acceptance of Service and Stipulation to Establish Deadline to Respond To First Amended Complaint by Michigan Department of Environmental Quality (Bettenhausen, Margaret) (Entered: 10/31/2016)

Oct. 31, 2016 PACER
62

ATTORNEY APPEARANCE: Margaret A. Bettenhausen appearing on behalf of Michigan Department of Environmental Quality (Bettenhausen, Margaret) (Entered: 10/31/2016)

Oct. 31, 2016 PACER
63

ATTORNEY APPEARANCE: Richard S. Kuhl appearing on behalf of Michigan Department of Environmental Quality (Kuhl, Richard) (Entered: 10/31/2016)

Oct. 31, 2016 PACER
64

ATTORNEY APPEARANCE: Nathan A. Gambill appearing on behalf of Michigan Department of Environmental Quality (Gambill, Nathan) (Entered: 10/31/2016)

Oct. 31, 2016 PACER
65

ATTORNEY APPEARANCE: Zachary C. Larsen appearing on behalf of Michigan Department of Environmental Quality (Larsen, Zachary) (Entered: 10/31/2016)

Oct. 31, 2016 PACER
66

Ex Parte MOTION for Leave to File Excess Pages by Liane Shekter Smith and by Stephen Busch, Patrick Cook, Michael Prysby, Adam Rosenthal. (Barbieri, Charles) (Entered: 11/01/2016)

Nov. 1, 2016 PACER

Text-Only Order

Nov. 3, 2016 PACER

TEXT-ONLY ORDER GRANTING IN PART 66 Ex Parte MOTION for Leave to File Excess Pages; Defendants' Brief shall NOT exceed forty (40) pages, Signed by District Judge John Corbett O'Meara. (WBar)

Nov. 3, 2016 PACER
67

STIPULATION AND ORDER OF PARTIAL DISMISSAL OF 31 Amended Complaint, as to MDEQ Employee Defendants, Signed by District Judge John Corbett O'Meara. (WBar) (Entered: 11/03/2016)

Nov. 3, 2016 PACER
68

CONSENT ORDER of Attorney Substitution with stipulation. Signed by District Judge John Corbett O'Meara. (WBar) (Entered: 11/03/2016)

Nov. 3, 2016 PACER
69

MOTION to Dismiss by Daniel Wyant. (Attachments: # 1 Exhibit A (Unpublished Cases Cited in Brief)) (Clare, Christopher) (Entered: 11/04/2016)

1 Exhibit A (Unpublished Cases Cited in Brief)

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Nov. 4, 2016 PACER
70

Joint MOTION to Dismiss and Brief in Support by Liane Shekter Smith and by Stephen Busch, Patrick Cook, Michael Prysby, Adam Rosenthal. (Attachments: # 1 Index of Exhibits, # 2 Exhibit 1 - Boler Dismissal, # 3 Exhibit 2 - Reeners v Bandy, # 4 Exhibit 3 - USEPA Emergency Order, # 5 Exhibit 4 - Goulechi v Phillip Serra, # 6 Exhibit 5 - Mourad v Marathon Petroleum) (Barbieri, Charles) (Entered: 11/04/2016)

1 Index of Exhibits

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2 Exhibit 1 - Boler Dismissal

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3 Exhibit 2 - Reeners v Bandy

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4 Exhibit 3 - USEPA Emergency Order

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5 Exhibit 4 - Goulechi v Phillip Serra

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6 Exhibit 5 - Mourad v Marathon Petroleum

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Nov. 4, 2016 Clearinghouse
71

MOTION to Dismiss by Bradley Wurfel. (Attachments: # 1 Index of Exhibits, # 2 Exhibit A, # 3 Exhibit B) (Clare, Christopher) (Entered: 11/04/2016)

1 Index of Exhibits

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2 Exhibit A

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3 Exhibit B

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Nov. 4, 2016 PACER
72

RESPONSE to 57 MOTION to Change Venue filed by Michigan Department of Environmental Quality, RICHARD D SNYDER, State of Michigan. (Bettenhausen, Margaret) (Entered: 11/10/2016)

Nov. 10, 2016 PACER
73

RESPONSE to 57 MOTION to Change Venue filed by Flint, City of. (Berg, Frederick) (Entered: 11/11/2016)

Nov. 11, 2016 PACER
74

STIPULATION re 57 MOTION to Change Venue by All Plaintiffs (Shkolnik, Hunter) (Entered: 11/14/2016)

Nov. 14, 2016 PACER
75

ORDER re 74 Stipulation to Extend Time to Respond/Reply to 57 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: 11/14/2016)

Nov. 14, 2016 PACER
76

REPLY to Response re 47 MOTION to Dismiss filed by Gerald Ambrose, Howard Croft, Darnell Earley, Flint, City of, Michael Glasgow, Dayne Walling, Daugherty johnson. (Attachments: # 1 Index of Exhibits Index of Exhibits, # 2 Exhibit Exhibit 1, # 3 Exhibit Exhibit 2, # 4 Exhibit Exhibit 3, # 5 Exhibit Exhibit 4) (Kim, William) (Entered: 11/14/2016)

1 Index of Exhibits Index of Exhibits

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2 Exhibit Exhibit 1

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3 Exhibit Exhibit 2

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4 Exhibit Exhibit 3

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5 Exhibit Exhibit 4

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Nov. 14, 2016 PACER
77

REPLY to Response re 57 MOTION to Change Venue filed by Stephen Busch, Patrick Cook, Michael Prysby, Adam Rosenthal, Bradley Wurfel, Daniel Wyant, Liane shekter-smith. (Attachments: # 1 Index of Exhibits, # 2 Exhibit A, # 3 Exhibit B) (Clare, Christopher) (Entered: 11/21/2016)

1 Index of Exhibits

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2 Exhibit A

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3 Exhibit B

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Nov. 21, 2016 PACER
78

STIPULATION for Entry of An Order Extneding Page Limit by by Michigan Department of Environmental Quality, RICHARD D SNYDER, State of Michigan (Bettenhausen, Margaret) (Entered: 11/21/2016)

Nov. 21, 2016 PACER
79

MOTION to Dismiss Amended Complaint by Michigan Department of Environmental Quality, RICHARD D SNYDER, State of Michigan. (Attachments: # 1 Index of Exhibits, # 2 Exhibit Exhibit 1 - March 29, 2013 City of Flint Resolution, # 3 Exhibit Exhibit 2 - June 26, 2013 City of Flint Resolution, # 4 Exhibit Exhibit 3 - Letter from Adam Rosenthal, MDEQ to Brent Wright, City of Flint, # 5 Exhibit Exhibit 4 - Boler v. Earley, Order of Dismissal, # 6 Exhibit Exhibit 5 - November 16, 2015 SDWA Notice of Intent, # 7 Exhibit Exhibit 6 - Mays v. Snyder, No. 16-000017, Opinion and Order) (Bettenhausen, Margaret) (Entered: 11/21/2016)

1 Index of Exhibits

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2 Exhibit Exhibit 1 - March 29, 2013 City of Flint Resolution

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3 Exhibit Exhibit 2 - June 26, 2013 City of Flint Resolution

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4 Exhibit Exhibit 3 - Letter from Adam Rosenthal, MDEQ to Brent Wright, City of Fl

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5 Exhibit Exhibit 4 - Boler v. Earley, Order of Dismissal

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6 Exhibit Exhibit 5 - November 16, 2015 SDWA Notice of Intent

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7 Exhibit Exhibit 6 - Mays v. Snyder, No. 16-000017, Opinion and Order

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Nov. 21, 2016 PACER
80

RESPONSE to 57 MOTION to Change Venue filed by Flint, City of. (Berg, Frederick) (Entered: 11/22/2016)

Nov. 22, 2016 PACER

Text-Only Order

Nov. 22, 2016 PACER
81

STIPULATION re 69 MOTION to Dismiss by All Plaintiffs (Shkolnik, Hunter) (Entered: 11/22/2016)

Nov. 22, 2016 PACER

State / Territory: Michigan

Case Type(s):

Public Benefits/Government Services

Special Collection(s):

Flint Water Cases

Key Dates

Filing Date: Feb. 8, 2016

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Individuals and businesses exposed to Flint, Michigan's contaminated tap water.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Michigan Department of Environmental Quality, State

City of Flint (Flint), City

Mayor of Flint (Flint), City

Lockwood, Andrews & Newnam, P.C. (Flint, Genesee), Private Entity/Person

Leo A. Daly Company (Omaha), Private Entity/Person

Veolia North America, Inc. (Chicago), Private Entity/Person

Governor of Michigan, State

Defendant Type(s):

Sanitation/Public Works

Case Details

Causes of Action:

42 U.S.C. § 1983

State law

Declaratory Judgment Act, 28 U.S.C. § 2201

Ex parte Young (federal or state officials)

Constitutional Clause(s):

Due Process

Due Process: Procedural Due Process

Due Process: Substantive Due Process

Equal Protection

Special Case Type(s):

Non-court arbitration/mediation

Availably Documents:

Trial Court Docket

Complaint (any)

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

None yet

Attorneys fees

Damages

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Amount Defendant Pays: 626,250,000

Issues

General:

Disparate Impact

Disparate Treatment

Government Services

Pattern or Practice

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

Discrimination-basis:

Race discrimination

Race:

Black

Type of Facility:

Government-run