Case: Mays v. Snyder

5:15-cv-14002 | U.S. District Court for the Eastern District of Michigan

Filed Date: Nov. 13, 2015

Closed Date: 2018

Clearinghouse coding complete

Case Summary

On November 13, 2015, ten residents of Flint, Michigan filed this class action lawsuit in the U.S. District Court for the Eastern District of Michigan. The plaintiffs sued Governor Rick Snyder, the State of Michigan, the Michigan Department of Environmental Quality (MDEQ), several MDEQ officials, the Emergency Managers of Flint, the Mayor of Flint, the Director of Public Works for Flint, the Utilities Administrators of Flint, and the City of Flint under U.S.C. § 1983 and state law. The plaintif…

On November 13, 2015, ten residents of Flint, Michigan filed this class action lawsuit in the U.S. District Court for the Eastern District of Michigan. The plaintiffs sued Governor Rick Snyder, the State of Michigan, the Michigan Department of Environmental Quality (MDEQ), several MDEQ officials, the Emergency Managers of Flint, the Mayor of Flint, the Director of Public Works for Flint, the Utilities Administrators of Flint, and the City of Flint under U.S.C. § 1983 and state law. The plaintiffs, represented by private counsel, alleged that their Due Process rights were violated when the defendants took safe drinking water from Flint and replaced it with water known to contain high levels of lead and other corrosive contaminants. Specifically, the plaintiffs claimed that by replacing the safe water with corrosive water the defendants harmed their property, caused physical and emotional injury, and violated their right to bodily integrity. The plaintiffs sought an order certifying the class as all “individuals who from April 25, 2014 to present were exposed to toxic Flint water and experience an injury to their person or property or who in the future will be so injured.” Furthermore, the plaintiffs sought declaratory judgment, compensatory and punitive damages, attorneys’ fees and cost, and injunctive relief to remedy harm to property, establish a medical monitoring fund, and appoint a monitor to oversee Flint’s water operation. Additionally, the plaintiffs demanded a jury trial.

From 1964 until 2014, the City of Flint provided safe, clean water to residents via the Detroit water system. According to the complaint, although Flint and MDEQ officials were aware that the water of the Flint River was highly corrosive and dangerous, in April 2014, the Emergency Manager ordered the city to switch its water source to the Flint River. Despite continued protests from Flint residents, defendants insisted the water was safe and declined to switch back to the Detroit water system. It was not until October 8, 2015 that Governor Snyder ordered Flint to switch back to the Detroit water system. However, the plaintiffs alleged that due to the prolonged exposure to contaminated water they suffer from property damage and serious physical and emotional injuries, such as high levels of lead and copper in their bloodstreams, skin lesions, hair loss, and neurological and psychological disorders.

On April 1, 2016, the plaintiffs filed a motion to consolidate six class action cases pending before the Court and designate a process for selecting interim lead counsel. The six class actions were all brought on behalf of Flint residents, consumers or businesses and based on the City of Flint switching its water source to the highly corrosive and dangerous water of the Flint River.

Shortly after, on April 4, 2016, Governor Snyder and the State of Michigan filed a motion to dismiss. Additional defendants-the Emergency Managers of Flint, the Director of Public Works, the City of Flint, the Utilities Administrators of Flint, and the Mayor of Flint-filed a motion to dismiss the plaintiffs’ complaint on April 18, 2016. Both the motions argued that the officials were entitled to Eleventh Amendment immunity, the Safe Drinking Water Act precluded action under § 1983 for alleged deprivations of constitutional rights related to water quality standards, and the complaint fails to state a claim for a violation of substantive due process. Instead, the defendants argued that this claim must be brought under the Safe Drinking Water Act.

The plaintiffs filed an amended complaint on May 25, 2016, adding allegations that their Equal Protection rights were violated on the basis of race and wealth when the defendants elected to provide clean water to the remainder of Genesee County but not Flint. In addition, the plaintiffs added claims of conspiracy to violate the plaintiffs’ constitutional rights under U.S.C. § 1985(3), allegations of state law violations, and several defendants, including the Treasurer for the State of Michigan, the Director of Michigan Department of Health and Human Services (MDHSS), and the Genesee County Drain Commissioner. Finally, the plaintiffs anticipated that additional negligence claims would be added against the Environmental Protection Agency (EPA) on October 25, 2016 or after.

Following the amended complaint, multiple defendants again filed a motion to dismiss. Governor Snyder, the State of Michigan, the Treasurer and the Director of MDHSS filed a motion to dismiss on June 27, 2016 again arguing that the claims were barred by Eleventh Amendment immunity, the Safe Drinking Water Act precluded the plaintiffs § 1983 claims, and the amended complaint fails to state a claim for violation for substantive due process. They additionally argued that the plaintiffs’ other claims fail because there was no showing of discriminatory intent or involvement of a fundamental right. Additional motions to dismiss were filed by the Emergency Managers, City Officials of the City of Flint, the MDEQ officials, and the Genesee County Drain Commissioner on July 29, 2016 and August 1, 2016. Although the groups of defendants filed separately, the motions all argued similar reasons for dismissing the plaintiffs’ lawsuit.

Due to the overwhelming local media coverage and publicity of the Flint water crisis, the MDEQ officials filed a motion for change of venue and requested that the case be transfer to an out-of-state venue or to the Norther Division of the U.S. District Court for the Western District of Michigan. The MDEQ officials simultaneously requested the Court stay all proceedings, such as the motions to dismiss, until the Court decided their motion for change of venue.

On February 2, 2017, Judge John Corbett O’Meara granted the defendants’ motions to dismiss. 2017 WL 445637. Relying on its decision in Boler v. Earley (Case No. 16-10323), Judge O’Meara agreed with the defendants that the Safe Drinking Water Act and its enforcement scheme precluded the plaintiffs from bring suit under § 1983. Judge O’Meara concluded that without viable constitutional claims, the plaintiffs’ conspiracy claims under § 1985(3) also fails. In addition, Judge O’Meara declined to exercise supplemental jurisdiction over the plaintiffs’ state claims.

Later in February 2017, the plaintiffs appealed the dismissal of their complaint to the Sixth Circuit. The Court of Appeals consolidated the appeal with an appeal to Boler v. Earley (Case No. 16-10323). On July 28, 2017, the Court of Appeals reversed Judge O’Meara’s decision to dismiss the claims because there was no express indication in the Safe Drinking Water Act Congress intended to preempt § 1983 claims, the remedies of the Act were not so comprehensive as to demonstrate congressional intent to preclude claims under § 1983, and the rights and protections of the Act diverge from the constitutional claims so as to prevent an inference of congressional intent. (Circuit Judges R. Guy Cole Jr., Jane Branstetter Stranch, and Bernice B. Donald). 865 F.3d 391. The Court of Appeals dismissed the claims against the State of Michigan because the claims were barred by Eleventh Amendment sovereign immunity. The defendants filed a writ of certiorari, but on March 19, 2018, the Supreme Court denied a writ of certiorari.

Because this case appeared to be a companion case to Waid v. Snyder (Case No. 16-10444), on October 19, 2017, this case was reassigned to District Judge Judith E. Levy and Magistrate Judge Mona K. Majzoub.

On April 6, 2018, this case was consolidated with Waid v. Snyder, PB-MI-0014 in this Clearinghouse; for subsequent activity, see that record.

Summary Authors

Emily Kempa (6/9/2019)

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/4292804/parties/mays-v-snyder/


Judge(s)

Levy, Judith Ellen (Michigan)

O'Meara, John Corbett (Michigan)

Stranch, Jane Branstetter (Tennessee)

Attorneys(s) for Plaintiff

Amodeo, Salvatore A. (Michigan)

Broaddus, John McNeill (New Jersey)

Gjonaj, Diana (Michigan)

Goodman, William Harry (Michigan)

Greenwald, Robin L. (New York)

Hughes, John (Michigan)

Hurwitz, Julie H. (Michigan)

Judge(s)

Levy, Judith Ellen (Michigan)

O'Meara, John Corbett (Michigan)

Stranch, Jane Branstetter (Tennessee)

Attorneys(s) for Plaintiff

Amodeo, Salvatore A. (Michigan)

Broaddus, John McNeill (New Jersey)

Gjonaj, Diana (Michigan)

Goodman, William Harry (Michigan)

Greenwald, Robin L. (New York)

Hughes, John (Michigan)

Hurwitz, Julie H. (Michigan)

James, Kathryn Bruner (Michigan)

Labelle, Deborah A. (Michigan)

McGehee, Cary S. (Michigan)

McKeen, Brian J. (Michigan)

Novak, Paul F. (Michigan)

Pitt, Michael L. (Michigan)

Rivers, Beth M. (Michigan)

Shea, David J. (Michigan)

Stamatopoulos, Gregory (Michigan)

Walsh, William (New York)

Young, Trachelle C. (Michigan)

Attorneys(s) for Defendant

Barbieri, Charles E. (Michigan)

Belisle, Stacy J. (Michigan)

Berg, Frederick A. (Michigan)

Berger, Jay M. (Michigan)

Bettenhausen, Margaret A. (Michigan)

Chubb, Anthony K (Michigan)

Ciullo, Courtney B. (Michigan)

Clare, Christopher B. (District of Columbia)

Collins, Allison M. (Michigan)

Driker, Eugene (Michigan)

Egan, Dennis K. (Michigan)

Galvin, Joseph F. (Michigan)

Gambill, Nathan A. (Michigan)

Gildner, Michael J. (Michigan)

Grashoff, Philip A. Jr. (Michigan)

Jackson, Krista A. (Michigan)

Kilby, Kevin K. (Michigan)

Kim, William Young (Michigan)

Klein, Sheldon H. (Michigan)

Kuhl, Richard S. (Michigan)

Larsen, Zachary C. (Michigan)

McGraw, Thomas J. (Michigan)

Meihn, Gregory M. (Michigan)

Mendel, Todd R. (Michigan)

Morgan, Thaddeus E. (Michigan)

Pattwell, Michael J. (Michigan)

Richotte, Joseph E. (Michigan)

Roth, David B. (Michigan)

Wheeler, Angela N. (Michigan)

Witus, Morley (Michigan)

Other Attorney(s)

Kent, David C. (Texas)

Leopold, Theodore J. (Florida)

McAlpine, Mark L. (Michigan)

Stern, Corey M. (New York)

Tallman, Sarah C. (Illinois)

Documents in the Clearinghouse

Document

Docket [Pacer]

April 9, 2018 Docket
1

Complaint for Injunctive and Declaratory Relief Money Damages and Jury Demand

Nov. 13, 2015 Complaint
111

First Amended Complaint for Injunctive and Declaratory Relief Money Damages and Jury Demand

May 25, 2016 Complaint
196

Opinion and Order

2017 WL 445637

Feb. 2, 2017 Order/Opinion
201

Opinion

Boler v. Earley

U. S. Court of Appeals for the Sixth Circuit

865 F.3d 391

July 28, 2017 Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4292804/mays-v-snyder/

Last updated May 12, 2022

ECF Number Description Date Link
1

COMPLAINT AND JURY DEMAND filed by All Plaintiffs against All Defendants with Jury Demand. Plaintiff requests summons issued. Receipt No: 0645-5426640 - Fee: $ 400. County of 1st Plaintiff: Genesee - County Where Action Arose: Genesee - County of 1st Defendant: Genesee. [Previously dismissed case: No] [Possible companion case(s): None] (Pitt, Michael) (Entered: 11/13/2015)

Nov. 13, 2015 RECAP
2

SUMMONS Issued for * All Defendants * (DWor) (Entered: 11/16/2015)

Nov. 16, 2015 PACER
3

NOTICE of Appearance by Beth M. Rivers on behalf of All Plaintiffs. (Rivers, Beth) (Entered: 11/18/2015)

Nov. 18, 2015 PACER
4

NOTICE of Appearance by Deborah A. LaBelle on behalf of All Plaintiffs. (LaBelle, Deborah) (Entered: 11/18/2015)

Nov. 18, 2015 PACER
5

ATTORNEY APPEARANCE: Julie H. Hurwitz appearing on behalf of All Plaintiffs (Hurwitz, Julie) (Entered: 11/19/2015)

Nov. 19, 2015 PACER
6

ATTORNEY APPEARANCE: William H. Goodman appearing on behalf of All Plaintiffs (Goodman, William) (Entered: 11/19/2015)

Nov. 19, 2015 PACER
7

ATTORNEY APPEARANCE: Kathryn Bruner James appearing on behalf of All Plaintiffs (James, Kathryn) (Entered: 11/19/2015)

Nov. 19, 2015 PACER
8

ATTORNEY APPEARANCE: Cary S. McGehee appearing on behalf of All Plaintiffs Against All Defendants (McGehee, Cary) (Entered: 11/25/2015)

Nov. 25, 2015 PACER
9

WAIVER OF SERVICE Returned Executed. Governor Rick Snyder waiver sent on 12/2/2015, answer due 2/1/2016. (Pitt, Michael) (Entered: 12/04/2015)

Dec. 4, 2015 PACER
10

WAIVER OF SERVICE Returned Executed. Michigan, State of waiver sent on 12/2/2015, answer due 2/1/2016. (Pitt, Michael) (Entered: 12/04/2015)

Dec. 4, 2015 PACER
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WAIVER OF SERVICE Returned Executed. Daniel Wyant waiver sent on 12/2/2015, answer due 2/1/2016. (Pitt, Michael) (Entered: 12/04/2015)

Dec. 4, 2015 PACER
12

WAIVER OF SERVICE Returned Executed. Liane Shekter Smith waiver sent on 12/2/2015, answer due 2/1/2016. (Pitt, Michael) (Entered: 12/04/2015)

Dec. 4, 2015 PACER
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WAIVER OF SERVICE Returned Executed. Adam Rosenthal waiver sent on 12/2/2015, answer due 2/1/2016. (Pitt, Michael) (Entered: 12/04/2015)

Dec. 4, 2015 PACER
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WAIVER OF SERVICE Returned Executed. Stephen Busch waiver sent on 12/2/2015, answer due 2/1/2016. (Pitt, Michael) (Entered: 12/04/2015)

Dec. 4, 2015 PACER
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WAIVER OF SERVICE Returned Executed. Patrick Cook waiver sent on 12/2/2015, answer due 2/1/2016. (Pitt, Michael) (Entered: 12/04/2015)

Dec. 4, 2015 PACER
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WAIVER OF SERVICE Returned Executed. Michael Prysby waiver sent on 12/2/2015, answer due 2/1/2016. (Pitt, Michael) (Entered: 12/04/2015)

Dec. 4, 2015 PACER
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WAIVER OF SERVICE Returned Executed. Bradley Wurfel waiver sent on 12/2/2015, answer due 2/1/2016. (Pitt, Michael) (Entered: 12/04/2015)

Dec. 4, 2015 PACER
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WAIVER OF SERVICE Returned Executed. Darnell Earley waiver sent on 12/2/2015, answer due 2/1/2016. (Pitt, Michael) (Entered: 12/04/2015)

Dec. 4, 2015 RECAP
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WAIVER OF SERVICE Returned Executed. Gerald Ambrose waiver sent on 12/2/2015, answer due 2/1/2016. (Pitt, Michael) (Entered: 12/04/2015)

Dec. 4, 2015 PACER
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WAIVER OF SERVICE Returned Executed. Dayne Walling waiver sent on 12/2/2015, answer due 2/1/2016. (Pitt, Michael) (Entered: 12/04/2015)

Dec. 4, 2015 PACER
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WAIVER OF SERVICE Returned Executed. Howard Croft waiver sent on 12/2/2015, answer due 2/1/2016. (Pitt, Michael) (Entered: 12/04/2015)

Dec. 4, 2015 PACER
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WAIVER OF SERVICE Returned Executed. Michael Glasgow waiver sent on 12/2/2015, answer due 2/1/2016. (Pitt, Michael) (Entered: 12/04/2015)

Dec. 4, 2015 PACER
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WAIVER OF SERVICE Returned Executed. Daugherty in their individual and official capacit Johnson waiver sent on 12/2/2015, answer due 2/1/2016. (Pitt, Michael) (Entered: 12/04/2015)

Dec. 4, 2015 PACER
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WAIVER OF SERVICE Returned Executed. Flint, City of waiver sent on 12/2/2015, answer due 2/1/2016. (Pitt, Michael) (Entered: 12/04/2015)

Dec. 4, 2015 PACER
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NOTICE of Appearance by Richard S. Kuhl on behalf of Stephen Busch, Patrick Cook, Michigan, State of, Michael Prysby, Adam Rosenthal, Liane Shekter Smith, Governor Rick Snyder, Bradley Wurfel, Daniel Wyant. (Kuhl, Richard) (Entered: 12/09/2015)

Dec. 9, 2015 PACER
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NOTICE of Appearance by Margaret A. Bettenhausen on behalf of Stephen Busch, Patrick Cook, Michigan, State of, Michael Prysby, Adam Rosenthal, Liane Shekter Smith, Governor Rick Snyder, Bradley Wurfel, Daniel Wyant. (Bettenhausen, Margaret) (Entered: 12/09/2015)

Dec. 9, 2015 PACER
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ATTORNEY APPEARANCE: Nathan A. Gambill appearing on behalf of Stephen Busch, Patrick Cook, Michigan, State of, Michael Prysby, Adam Rosenthal, Liane Shekter Smith, Governor Rick Snyder, Bradley Wurfel, Daniel Wyant (Gambill, Nathan) (Entered: 12/16/2015)

Dec. 16, 2015 PACER
28

MOTION for Leave to File Excess Pages with Brief in Support by Stephen Busch, Patrick Cook, Michigan, State of, Michael Prysby, Adam Rosenthal, Liane Shekter Smith, Governor Rick Snyder, Bradley Wurfel, Daniel Wyant. (Gambill, Nathan) (Entered: 01/20/2016)

Jan. 20, 2016 PACER
29

NOTICE of Appearance by David B. Roth on behalf of Gerald Ambrose, Howard Croft, Darnell Earley, Flint, City of, Michael Glasgow, Daugherty in their individual and official capacit Johnson, Dayne Walling. (Roth, David) (Entered: 01/29/2016)

Jan. 29, 2016 PACER
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NOTICE of Appearance by Angela N. Wheeler on behalf of Gerald Ambrose, Howard Croft, Darnell Earley, Flint, City of, Michael Glasgow, Daugherty in their individual and official capacit Johnson, Dayne Walling. (Wheeler, Angela) (Entered: 01/29/2016)

Jan. 29, 2016 PACER
31

NOTICE of Appearance by Anthony K Chubb on behalf of Gerald Ambrose, Howard Croft, Darnell Earley, Flint, City of, Michael Glasgow, Daugherty in their individual and official capacit Johnson, Dayne Walling. (Chubb, Anthony) (Entered: 01/29/2016)

Jan. 29, 2016 PACER
32

NOTICE of Appearance by William Young Kim on behalf of Gerald Ambrose, Howard Croft, Darnell Earley, Flint, City of, Michael Glasgow, Daugherty in their individual and official capacit Johnson, Dayne Walling. (Kim, William) (Entered: 01/29/2016)

Jan. 29, 2016 PACER
33

MOTION for Extension of Time to File Answer or Responsive Pleading by Michigan, State of. (Bettenhausen, Margaret) (Entered: 01/29/2016)

Jan. 29, 2016 PACER
34

MOTION for Withdrawal of Attorney Kuhl, Bettenhausen, Gambill by Michigan, State of. (Bettenhausen, Margaret) (Entered: 02/02/2016)

Feb. 2, 2016 PACER
35

ORDER granting 34 Motion to Withdraw as Counsel.. Signed by District Judge John Corbett O'Meara. (WBar) (Entered: 02/11/2016)

Feb. 11, 2016 PACER
36

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

Feb. 18, 2016 PACER
37

AMENDED 36 Notice of Appearance by McAlpine PC (McAlpine, Mark) (Entered: 02/19/2016)

Feb. 19, 2016 PACER
38

NOTICE of Appearance by Paul F. Novak on behalf of All Plaintiffs. (Novak, Paul) (Entered: 02/23/2016)

Feb. 23, 2016 PACER
39

NOTICE of Appearance by Diana Gjonaj on behalf of All Plaintiffs. (Gjonaj, Diana) (Entered: 02/23/2016)

Feb. 23, 2016 PACER
40

NOTICE of Appearance by Gregory Stamatopoulos on behalf of All Plaintiffs. (Stamatopoulos, Gregory) (Entered: 02/23/2016)

Feb. 23, 2016 PACER
41

STIPULATION re 1 Complaint,, for Entry of Order Regarding Extension of Deadline to File Response to Complaint by Michigan, State of, Governor Rick Snyder (Kuhl, Richard) (Entered: 03/01/2016)

March 1, 2016 PACER
42

ORDER Extending Deadline to Respond to 1 Complaint; Responsive Pleading due by 4/4/2016, Signed by District Judge John Corbett O'Meara. (WBar) (Entered: 03/02/2016)

March 2, 2016 PACER
43

NOTICE of Appearance by Eugene Driker on behalf of Governor Rick Snyder. (Driker, Eugene) (Entered: 03/03/2016)

March 3, 2016 PACER
44

NOTICE of Appearance by Todd R. Mendel on behalf of Governor Rick Snyder. (Mendel, Todd) (Entered: 03/03/2016)

March 3, 2016 PACER
45

NOTICE of Appearance by Morley Witus on behalf of Governor Rick Snyder. (Witus, Morley) (Entered: 03/03/2016)

March 3, 2016 PACER
46

MOTION for Leave to File Excess Pages with Brief in Support by Michigan, State of, Governor Rick Snyder. (Bettenhausen, Margaret) (Entered: 03/29/2016)

March 29, 2016 PACER
47

NOTICE of Appearance by Krista A. Jackson on behalf of Stephen Busch. (Jackson, Krista) (Entered: 03/30/2016)

March 30, 2016 PACER
48

STIPULATION for Entry of Order Regarding Extension of Deadline for MDEQ Defendants to Respond to Complaint by Stephen Busch (Jackson, Krista) (Entered: 03/30/2016)

March 30, 2016 PACER
49

STIPULATED ORDER Extending Time for City of Flint Defendants to Respond to 1 Complaint; Responsive Pleading due by 4/18/2016, Signed by District Judge John Corbett O'Meara. (WBar) (Entered: 03/31/2016)

March 31, 2016 PACER
50

ORDER re 48 Stipulation, Extending Time for MDEQ Defendants to Respond to 1 Complaint; Responsive Pleading due by 5/6/2016, Signed by District Judge John Corbett O'Meara. (WBar) (Entered: 03/31/2016)

March 31, 2016 PACER
51

ATTORNEY APPEARANCE: Dennis K. Egan appearing on behalf of Stephen Busch and Certificate of Service (Egan, Dennis) (Entered: 03/31/2016)

March 31, 2016 PACER
52

NOTICE of Appearance by Michael J. Pattwell on behalf of Bradley Wurfel, Daniel Wyant. (Pattwell, Michael) (Entered: 03/31/2016)

March 31, 2016 PACER
53

NOTICE by Michigan, State of, Rick Snyder of Screening Device (Kuhl, Richard) (Entered: 04/01/2016)

April 1, 2016 PACER
54

MOTION to Consolidate Cases Class Action and for Designation of a Process for the Court's Selection of Interim Lead Counsel by All Plaintiffs. (Attachments: # 1 Exhibit Proposed Order to Consolidate) (Pitt, Michael) (Entered: 04/01/2016)

1 Exhibit Proposed Order to Consolidate

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April 1, 2016 PACER
55

Joint MOTION to Consolidate Cases by All Plaintiffs. (Attachments: # 1 Exhibit) (Shea, David) (Entered: 04/01/2016)

1 Exhibit

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April 1, 2016 PACER
56

NOTICE of Appearance by Jay M. Berger on behalf of Bradley Wurfel, Daniel Wyant. (Berger, Jay) (Entered: 04/04/2016)

April 4, 2016 PACER
57

MOTION to Dismiss Pursuant to Fed. R. Civ. P. 12(b)(1) and (b)(6) by Michigan, State of, Rick Snyder. (Attachments: # 1 Index of Exhibits, # 2 Exhibit Exhibit 1 - Letter from Adam Rosenthal, MDEQ, # 3 Exhibit Exhibit 2 - Pillar, et al. v. SOM, et al.) (Bettenhausen, Margaret) (Entered: 04/04/2016)

1 Index of Exhibits

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2 Exhibit Exhibit 1 - Letter from Adam Rosenthal, MDEQ

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3 Exhibit Exhibit 2 - Pillar, et al. v. SOM, et al.

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April 4, 2016 PACER
58

ATTORNEY APPEARANCE: Charles E. Barbieri appearing on behalf of Patrick Cook, Michael Prysby, Adam Rosenthal (Barbieri, Charles) (Entered: 04/05/2016)

April 5, 2016 PACER
59

MOTION to Consolidate Cases by All Plaintiffs. (Attachments: # 1 Exhibit Pending Actions) (Shkolnik, Hunter) (Entered: 04/06/2016)

1 Exhibit Pending Actions

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April 6, 2016 PACER
60

NOTICE of Appearance by Corey M. Stern on behalf of Sasha Bell. (Attachments: # 1 Exhibit Counsel's Present Case List) (Stern, Corey) (Entered: 04/06/2016)

1 Exhibit Counsel's Present Case List

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April 6, 2016 PACER
61

MOTION for Extension of Time to File Response/Reply as to 55 Joint MOTION to Consolidate Cases, 54 MOTION to Consolidate Cases Class Action and for Designation of a Process for the Court's Selection of Interim Lead Counsel by Sasha Bell. (Attachments: # 1 Exhibit Individual Cases (List), # 2 Exhibit Motion for Remand, # 3 Exhibit Reply Memorandum in Support of Motion for Remand) (Stern, Corey) (Entered: 04/06/2016)

1 Exhibit Individual Cases (List)

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2 Exhibit Motion for Remand

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3 Exhibit Reply Memorandum in Support of Motion for Remand

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April 6, 2016 PACER
62

ATTORNEY APPEARANCE: David C. Kent appearing on behalf of Lockwood, Andrews & Newman, Inc., Lockwood, Andrews & Newman, P.C., Leo A. Daly Company for Limited Purpose of Information and Coordination (Kent, David) (Entered: 04/06/2016)

April 6, 2016 PACER
63

ATTORNEY APPEARANCE: Courtney B. Ciullo appearing on behalf of Stephen Busch w/Certificate of Service (Ciullo, Courtney) (Entered: 04/08/2016)

April 8, 2016 PACER
64

NOTICE of Appearance by Philip A. Grashoff, Jr on behalf of Stephen Busch. (Grashoff, Philip) (Entered: 04/08/2016)

April 8, 2016 PACER
65

NOTICE by Michigan, State of, Rick Snyder re 35 Order on Motion to Withdraw as Attorney (Receipt of Conflict Waivers) (Kuhl, Richard) (Entered: 04/12/2016)

April 12, 2016 PACER
66

MOTION for Leave to File Nonparty Response to Joint Motion to Consolidate Actions by Concerned Pastors for Social Action, Melissa Mays, American Civil Liberties Union of Michigan, Natural Resources Defense Council, Inc.. (Tallman, Sarah) (Entered: 04/12/2016)

April 12, 2016 PACER
67

MOTION for Leave to File Nonparty Response to Motion for Consolidation Pursuant to Rule 42 by American Civil Liberties Union of Michigan, Concerned Pastors for Social Action, Melissa Mays, Natural Resources Defense Council, Inc.. (Tallman, Sarah) (Entered: 04/13/2016)

April 13, 2016 PACER
68

NOTICE of Appearance by Nicholas Adam Szokoly on behalf of All Plaintiffs. (Szokoly, Nicholas) (Entered: 04/14/2016)

April 14, 2016 PACER
69

RESPONSE to 55 Joint MOTION to Consolidate Cases, 54 MOTION to Consolidate Cases Class Action and for Designation of a Process for the Court's Selection of Interim Lead Counsel, 59 MOTION to Consolidate Cases filed by Non-Party Attorney for Plaintiffs Beatrice Boler, et al. filed by All Plaintiffs. (Szokoly, Nicholas) (Entered: 04/14/2016)

April 14, 2016 PACER
70

NOTICE of Appearance by Frederick A. Berg on behalf of Flint, City of. (Berg, Frederick) (Entered: 04/14/2016)

April 14, 2016 PACER
71

NOTICE of Appearance by Sheldon H. Klein on behalf of Flint, City of. (Klein, Sheldon) (Entered: 04/14/2016)

April 14, 2016 PACER
72

RESPONSE to 55 Joint MOTION to Consolidate Cases, 54 MOTION to Consolidate Cases Class Action and for Designation of a Process for the Court's Selection of Interim Lead Counsel, 59 MOTION to Consolidate Cases filed by Michigan, State of, Rick Snyder. (Bettenhausen, Margaret) (Entered: 04/15/2016)

April 15, 2016 PACER
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RESPONSE to 55 Joint MOTION to Consolidate Cases, 54 MOTION to Consolidate Cases Class Action and for Designation of a Process for the Court's Selection of Interim Lead Counsel, 59 MOTION to Consolidate Cases, Brief and Certificate of Service filed by Stephen Busch. (Egan, Dennis) (Entered: 04/15/2016)

April 15, 2016 PACER
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Joint MOTION for Extension of Time to File Answer re 55 Joint MOTION to Consolidate Cases, 54 MOTION to Consolidate Cases Class Action and for Designation of a Process for the Court's Selection of Interim Lead Counsel, 59 MOTION to Consolidate Cases by Flint, City of. (Klein, Sheldon) (Entered: 04/15/2016)

April 15, 2016 PACER
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RESPONSE to 55 Joint MOTION to Consolidate Cases, 54 MOTION to Consolidate Cases Class Action and for Designation of a Process for the Court's Selection of Interim Lead Counsel, 59 MOTION to Consolidate Cases Concurrence in Defendant Busch's Response filed by Patrick Cook, Michael Prysby, Adam Rosenthal. (Barbieri, Charles) (Entered: 04/15/2016)

April 15, 2016 PACER
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RESPONSE to 59 MOTION to Consolidate Cases filed by All Plaintiffs. (Shea, David) (Entered: 04/15/2016)

April 15, 2016 PACER
77

NOTICE of Joinder/Concurrence in 72 Response to Motion, filed by Rick Snyder, Michigan, State of, 73 Response to Motion, filed by Stephen Busch by Bradley Wurfel, Daniel Wyant (Berger, Jay) (Entered: 04/18/2016)

April 18, 2016 PACER
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MOTION to Dismiss by Gerald Ambrose, Howard Croft, Darnell Earley, Flint, City of, Michael Glasgow, Daugherty Johnson, Dayne Walling. (Attachments: # 1 Index of Exhibits, # 2 Exhibit A, # 3 Exhibit B(1), # 4 Exhibit B(2), # 5 Exhibit C) (Kim, William) (Entered: 04/18/2016)

1 Index of Exhibits

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2 Exhibit A

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3 Exhibit B(1)

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4 Exhibit B(2)

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5 Exhibit C

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April 18, 2016 PACER
79

NOTICE of Joinder/Concurrence in 55 Joint MOTION to Consolidate Cases filed by Elnora Carthan, Michael Mays, Keith John Pemberton, Melisa Mays, Rhonda Kelso, Jacqueline Pemberton, 54 MOTION to Consolidate Cases Class Action and for Designation of a Process for the Court's Selection of Interim Lead Counsel filed by Elnora Carthan, Michael Mays, Keith John Pemberton, Melisa Mays, Rhonda Kelso, Jacqueline Pemberton, 59 MOTION to Consolidate Cases filed by Elnora Carthan, Michael Mays, Keith John Pemberton, Melisa Mays, Myia McMillian, Rhonda Kelso, Jacqueline Pemberton by Lockwood, Andrews & Newman, Inc., Lockwood, Andrews & Newman, P.C. (Kent, David) (Entered: 04/18/2016)

April 18, 2016 PACER
80

RESPONSE to 55 Joint MOTION to Consolidate Cases, 59 MOTION to Consolidate Cases filed by American Civil Liberties Union of Michigan, Concerned Pastors for Social Action, Melissa Mays, Natural Resources Defense Council, Inc.. (Attachments: # 1 Index of Exhibits, # 2 Exhibit A - Gilcreast Complaint, # 3 Exhibit B - McIntosh First Amended Complaint, # 4 Exhibit C - McMillian Complaint, # 5 Exhibit D - Boler Complaint, # 6 Exhibit E - Waid Complaint, # 7 Exhibit F - Opinion and Order Granting Plaintiff's Motion for Remand (Bell), # 8 Exhibit G - Concerned Pastors Complaint, # 9 Exhibit H - Exhibit A to Concerned Pastors Complaint, # 10 Exhibit I - Notice of Motion Hearing (Concerned Pastors), # 11 Exhibit J - Exhibit A to Notice of Removal to Federal Court (Mason)) (Tallman, Sarah) (Entered: 04/18/2016)

1 Index of Exhibits

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2 Exhibit A - Gilcreast Complaint

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3 Exhibit B - McIntosh First Amended Complaint

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4 Exhibit C - McMillian Complaint

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5 Exhibit D - Boler Complaint

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6 Exhibit E - Waid Complaint

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7 Exhibit F - Opinion and Order Granting Plaintiff's Motion for Remand (Bell)

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8 Exhibit G - Concerned Pastors Complaint

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9 Exhibit H - Exhibit A to Concerned Pastors Complaint

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10 Exhibit I - Notice of Motion Hearing (Concerned Pastors)

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11 Exhibit J - Exhibit A to Notice of Removal to Federal Court (Mason)

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April 18, 2016 PACER
81

RESPONSE to 55 Joint MOTION to Consolidate Cases, 54 MOTION to Consolidate Cases Class Action and for Designation of a Process for the Court's Selection of Interim Lead Counsel, 59 MOTION to Consolidate Cases by Non-Party Mason Plaintiffs filed by McAlpine PC. (McAlpine, Mark) (Entered: 04/19/2016)

April 19, 2016 PACER
82

NOTICE by Michigan, State of, Rick Snyder re 57 MOTION to Dismiss Pursuant to Fed. R. Civ. P. 12(b)(1) and (b)(6) Governor Snyder and State of Michigan's Notice of Supplemental Authority (Bettenhausen, Margaret) (Entered: 04/20/2016)

April 20, 2016 PACER
83

Joint MOTION to Stay Dispositive Motion by All Plaintiffs. (Shea, David) (Entered: 04/21/2016)

April 21, 2016 PACER
84

[STRICKEN PER 04/22/16 ORDER] REPLY to Response re 54 MOTION to Consolidate Cases Class Action and for Designation of a Process for the Court's Selection of Interim Lead Counsel Plaintiffs' Omnibus Reply Memorandum in Support of Their Motion to Consolidate Class Action Cases filed by All Plaintiffs. (Novak, Paul) Modified on 4/22/2016 (DPer). (Entered: 04/21/2016)

April 21, 2016 PACER
85

REPLY to Response re 54 MOTION to Consolidate Cases Class Action and for Designation of a Process for the Court's Selection of Interim Lead Counsel CORRECTED Plaintiff's Omnibus Reply Memorandum in Support of Their Motion to Consolidate Class Action Cases filed by All Plaintiffs. (Novak, Paul) (Entered: 04/21/2016)

April 21, 2016 PACER
86

MOTION to Seal 84 Reply to Response to Motion, Plaintiffs' Motion to Seal or in the Alternative Strike ECF No. 84 From the Record by All Plaintiffs. (Novak, Paul) (Entered: 04/22/2016)

April 22, 2016 PACER
87

ORDER striking 84 Reply to response to motion. Signed by District Judge John Corbett O'Meara. (DPer) (Entered: 04/22/2016)

April 22, 2016 PACER
88

REPLY to Response re 54 MOTION to Consolidate Cases Class Action and for Designation of a Process for the Court's Selection of Interim Lead Counsel Plaintiffs' Reply Memorandum in Further Support of Their Motion to Consolidate Class Action Cases and in Reply to Mason Plaintiffs' Response filed by All Plaintiffs. (Novak, Paul) (Entered: 04/26/2016)

April 26, 2016 PACER
89

RESPONSE to 55 Joint MOTION to Consolidate Cases filed by All Plaintiffs. (Shea, David) (Entered: 04/26/2016)

April 26, 2016 PACER
90

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

April 28, 2016 PACER
91

ORDER Granting 74 Joint MOTION for Extension of Time to Respond to MOTION to Consolidate Cases. Signed by District Judge John Corbett O'Meara. (WBar) (Entered: 05/02/2016)

May 2, 2016 PACER
92

STIPULATION AND ORDER Extending Deadline to Amend 1 Complaint; Amended Complaint due on or before May 25, 2016; Defendants' Responsive Pleadings due on or before June 27, 2016, Signed by District Judge John Corbett O'Meara. (WBar) (Entered: 05/02/2016)

May 2, 2016 PACER
93

RESPONSE to 55 Joint MOTION to Consolidate Cases, 54 MOTION to Consolidate Cases Class Action and for Designation of a Process for the Court's Selection of Interim Lead Counsel, 59 MOTION to Consolidate Cases In Opposition filed by Flint, City of. (Attachments: # 1 Exhibit A. Index of Unpublished Cases) (Klein, Sheldon) (Entered: 05/02/2016)

1 Exhibit A. Index of Unpublished Cases

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May 2, 2016 PACER
94

Notice of E-mail Delivery Failure as to attorney David J. Shea. Bounced NEF for Text-Only Order, 92 Stipulation and Order, 91 Order, Terminate Motions, 93 Response to Motion,. (SSch) (Entered: 05/03/2016)

May 3, 2016 PACER
95

NOTICE of Appearance by Christopher B. Clare on behalf of Bradley Wurfel, Daniel Wyant. (Clare, Christopher) (Entered: 05/05/2016)

May 5, 2016 PACER
96

NOTICE of Appearance by Allison M. Collins on behalf of Patrick Cook, Michael Prysby, Adam Rosenthal. (Collins, Allison) (Entered: 05/05/2016)

May 5, 2016 PACER
97

RESPONSE to 83 Joint MOTION to Stay Dispositive Motion filed by Michigan, State of, Rick Snyder. (Bettenhausen, Margaret) (Entered: 05/05/2016)

May 5, 2016 PACER
98

NOTICE of Joinder/Concurrence in by All Plaintiffs Plaintiffs' Concurrence to Motion to Stay Dispositive Motion Practice In All Cases Pending Resolution of the Consolidation Motions (Novak, Paul) (Entered: 05/05/2016)

May 5, 2016 PACER
99

NOTICE of Joinder/Concurrence in 97 Response to Motion filed by Rick Snyder, Michigan, State of by Flint, City of (Berg, Frederick) (Entered: 05/05/2016)

May 5, 2016 PACER
100

MOTION for Leave to File Nonparty Response to Joint Motion to Stay Dispositive Motion Practice in All Cases by American Civil Liberties Union of Michigan, Concerned Pastors for Social Action, Melissa Mays, Natural Resources Defense Council, Inc.. (Attachments: # 1 Index of Exhibits, # 2 Exhibit A - Concerned Pastors, Order Den. in Part Mot. to Adjourn Hr'g on Mots. to Dismiss, # 3 Exhibit B - Concerned Pastors, Pls.' Mot. for Prelim. Inj.) (Tallman, Sarah) (Entered: 05/06/2016)

1 Index of Exhibits

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2 Exhibit A - Concerned Pastors, Order Den. in Part Mot. to Adjourn Hr'g on M

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3 Exhibit B - Concerned Pastors, Pls.' Mot. for Prelim. Inj.

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May 6, 2016 PACER

State / Territory: Michigan

Case Type(s):

Public Benefits/Government Services

Special Collection(s):

Flint Water Cases

Key Dates

Filing Date: Nov. 13, 2015

Closing Date: 2018

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Residents of Flint, Michigan who, since April 25, 2014, were and continue to be exposed to contaminated drinking water of the Flint River

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Unknown

Defendants

City of Flint (Flint, Genesee), City

State of Michigan (Lansing, Ingham), State

Defendant Type(s):

Sanitation/Public Works

Jurisdiction-wide

Hospital/Health Department

Case Details

Causes of Action:

42 U.S.C. § 1983

State law

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

Constitutional Clause(s):

Due Process

Equal Protection

Availably Documents:

Trial Court Docket

Complaint (any)

Any published opinion

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

None yet

Source of Relief:

None yet

Issues

General:

Disparate Impact

Government Services

Discrimination-basis:

Race discrimination