Civil Rights Litigation Clearinghouse

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

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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 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.

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Summary Authors

Emily Kempa (6/9/2019)

People

For PACER's information on parties and their attrorneys, 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)

Attorney Contact Information via CourtListener

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Documents in the Clearinghouse

	Document
5:15-cv-14002	Docket [Pacer]	April 9, 2018	April 9, 2018 Docket
1 5:15-cv-14002	Complaint for Injunctive and Declaratory Relief Money Damages and Jury Demand	Nov. 13, 2015	Nov. 13, 2015 Complaint
111 5:15-cv-14002	First Amended Complaint for Injunctive and Declaratory Relief Money Damages and Jury Demand	May 25, 2016	May 25, 2016 Complaint
196 5:15-cv-14002	Opinion and Order 2017 WL 445637	Feb. 2, 2017	Feb. 2, 2017 Order/Opinion
201 5:15-cv-14002	Opinion Boler v. Earley U. S. Court of Appeals for the Sixth Circuit 865 F.3d 391	July 28, 2017	July 28, 2017 Order/Opinion

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Resources

Title	Description		External URL Date / External URL

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Docket

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

Last updated Aug. 2, 2022, 3:27 a.m.

ECF Number	Description	Date	Link 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	Nov. 13, 2015 RECAP
2	SUMMONS Issued for * All Defendants * (DWor) (Entered: 11/16/2015)	Nov. 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	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	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	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	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	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	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	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	Dec. 4, 2015 PACER
11	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	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	Dec. 4, 2015 PACER
13	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	Dec. 4, 2015 PACER
14	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	Dec. 4, 2015 PACER
15	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	Dec. 4, 2015 PACER
16	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	Dec. 4, 2015 PACER
17	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	Dec. 4, 2015 PACER
18	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	Dec. 4, 2015 RECAP
19	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	Dec. 4, 2015 PACER
20	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	Dec. 4, 2015 PACER
21	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	Dec. 4, 2015 PACER
22	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	Dec. 4, 2015 PACER
23	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	Dec. 4, 2015 PACER
24	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	Dec. 4, 2015 PACER
25	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	Dec. 9, 2015 PACER
26	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	Dec. 9, 2015 PACER
27	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	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	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	Jan. 29, 2016 PACER
30	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	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	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	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	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	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	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	Feb. 18, 2016 PACER
37	AMENDED 36 Notice of Appearance by McAlpine PC (McAlpine, Mark) (Entered: 02/19/2016)	Feb. 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	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	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	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	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	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	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	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	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	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	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	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	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	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	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	March 31, 2016 PACER
53	NOTICE by Michigan, State of, Rick Snyder of Screening Device (Kuhl, Richard) (Entered: 04/01/2016)	April 1, 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 View on PACER	April 1, 2016	April 1, 2016 PACER
55	Joint MOTION to Consolidate Cases by All Plaintiffs. (Attachments: # 1 Exhibit) (Shea, David) (Entered: 04/01/2016) 1 Exhibit View on PACER	April 1, 2016	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	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 View on PACER 2 Exhibit Exhibit 1 - Letter from Adam Rosenthal, MDEQ View on PACER 3 Exhibit Exhibit 2 - Pillar, et al. v. SOM, et al. View on PACER	April 4, 2016	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	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 View on PACER	April 6, 2016	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 View on PACER	April 6, 2016	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) View on PACER 2 Exhibit Motion for Remand View on PACER 3 Exhibit Reply Memorandum in Support of Motion for Remand View on PACER	April 6, 2016	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	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	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	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	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	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	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	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	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	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	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	April 15, 2016 PACER
73	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	April 15, 2016 PACER
74	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	April 15, 2016 PACER
75	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	April 15, 2016 PACER
76	RESPONSE to 59 MOTION to Consolidate Cases filed by All Plaintiffs. (Shea, David) (Entered: 04/15/2016)	April 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	April 18, 2016 PACER
78	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 View on PACER 2 Exhibit A View on PACER 3 Exhibit B(1) View on PACER 4 Exhibit B(2) View on PACER 5 Exhibit C View on PACER	April 18, 2016	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	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 View on PACER 2 Exhibit A - Gilcreast Complaint View on PACER 3 Exhibit B - McIntosh First Amended Complaint View on PACER 4 Exhibit C - McMillian Complaint View on PACER 5 Exhibit D - Boler Complaint View on PACER 6 Exhibit E - Waid Complaint View on PACER 7 Exhibit F - Opinion and Order Granting Plaintiff's Motion for Remand (Bell) View on PACER 8 Exhibit G - Concerned Pastors Complaint View on PACER 9 Exhibit H - Exhibit A to Concerned Pastors Complaint View on PACER 10 Exhibit I - Notice of Motion Hearing (Concerned Pastors) View on PACER 11 Exhibit J - Exhibit A to Notice of Removal to Federal Court (Mason) View on PACER	April 18, 2016	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	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	April 20, 2016 PACER
83	Joint MOTION to Stay Dispositive Motion by All Plaintiffs. (Shea, David) (Entered: 04/21/2016)	April 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	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	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	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	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	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	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	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	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	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 View on PACER	May 2, 2016	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	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	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	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	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	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	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 View on PACER 2 Exhibit A - Concerned Pastors, Order Den. in Part Mot. to Adjourn Hr'g on M View on PACER 3 Exhibit B - Concerned Pastors, Pls.' Mot. for Prelim. Inj. View on PACER	May 6, 2016	May 6, 2016 PACER