Case: Mays v. Flint

Mays v. City of Flint

U.S. Court of Appeals for the Sixth Circuit

ACLU Missouri

Civil Rights Litigation Clearinghouse

Notice of Error

Error

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

NOTICE of Error directed to: Charles E. Barbieri re 1 Notice of Removal,,. Parties listed on the initiating document were omitted. [Bradley Wurfel] The filing attorney must use the docket event Addition of Parties to correct the error. [No Image Associated with this docket entry] (DWor)

Addition of Parties

NOTICE OF REMOVAL by Liane Shekter Smith, Patrick Cook, Michael Wurfel, Stephen Busch from Genesee County Circuit Court, case number 16-106112-CZ. Fee Required - Fee Not Paid. [Previously dismissed case: No] (Attachments: # 1 Index of Exhibits Index of Exhibits, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F, # 8 Exhibit G, # 9 Exhibit H- part 1, # 10 Exhibit H - part 2, # 11 Exhibit H - part 3, # 12 Exhibit I, # 13 Exhibit J) (Barbieri, Charles) (Entered: 04/27/2016)

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)

Notice of Filing Fee Not Paid. Correction due by 5/4/2016 (DWor) (Entered: 04/27/2016)

Addition of Parties to CM/ECF: Defendant Michael Wurfel. Reason: The party was not added to CM/ECF when e-filing 1 Notice of Removal,, (Barbieri, Charles)

NOTICE of Appearance by Michael J. Pattwell on behalf of Michael Wurfel. (Pattwell, Michael) Modified on 5/3/2016 (DWor). [APPEARANCE IS FOR BRADLEY WURFEL] (Entered: 05/02/2016)

FILING FEE Received in the amount of $400.00 by All Defendants - Receipt No. DET091622 [No Image Associated with this docket entry] (Huff, W.)

Fee Received

ATTORNEY APPEARANCE: Dennis K. Egan appearing on behalf of Stephen Busch w/Certificate of Service (Egan, Dennis) (Entered: 05/04/2016)

ATTORNEY APPEARANCE: Courtney B. Ciullo appearing on behalf of Stephen Busch w/Certificate of Service (Ciullo, Courtney) (Entered: 05/04/2016)

ATTORNEY APPEARANCE: Krista A. Jackson appearing on behalf of Stephen Busch w/Certificate of Service (Jackson, Krista) (Entered: 05/04/2016)

NOTICE of Appearance by Philip A. Grashoff, Jr on behalf of Stephen Busch. (Grashoff, Philip) (Entered: 05/04/2016)

NOTICE of Appearance by Thaddeus E. Morgan on behalf of Liane Shekter Smith. (Morgan, Thaddeus) (Entered: 05/04/2016)

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

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

MEMORANDUM re 1 Notice of Removal,, Supplemental by Stephen Busch, Patrick Cook, Liane Shekter Smith, Bradley Wurfel (Attachments: # 1 Index of Exhibits Index, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E) (Barbieri, Charles) (Entered: 05/05/2016)

NOTICE of Appearance by Beth M. Rivers on behalf of All Plaintiffs. (Rivers, Beth) (Entered: 05/09/2016)

NOTICE of Appearance by Michael L. Pitt on behalf of All Plaintiffs. (Pitt, Michael) (Entered: 05/09/2016)

NOTICE of Appearance by Cary S. McGehee on behalf of All Plaintiffs. (McGehee, Cary) (Entered: 05/09/2016)

NOTICE of Appearance by Julie H. Hurwitz on behalf of All Plaintiffs. (Hurwitz, Julie) (Entered: 05/10/2016)

NOTICE of Appearance by William H. Goodman on behalf of All Plaintiffs. (Goodman, William) (Entered: 05/10/2016)

NOTICE of Appearance by Kathryn Bruner James on behalf of All Plaintiffs. (James, Kathryn) (Entered: 05/10/2016)

MOTION to Remand and Attorney's Fees and Costs by All Plaintiffs. (Attachments: # 1 Exhibit 1 - EPA Emergency Admin Order, # 2 Exhibit 2 - McCarthy EPA Statement, # 3 Exhibit 3 - Creagh MI DEQ Statement) (Rivers, Beth) (Entered: 05/11/2016)

ORDER of DISQUALIFICATION and REASSIGNING CASE from District Judge Terrence G. Berg in Flint to District Judge Sean F. Cox in Detroit. (SSch) (Entered: 05/13/2016)

NOTICE of Appearance by William Young Kim on behalf of Howard Croft, Flint, City of, Michael Glasgow, Natasha Henderson, Daugherty Johnson. (Kim, William) (Entered: 05/13/2016)

STIPULATION AND ORDER Extending Time for Patrick Cook, Michael Prysby, Adam Rosenthal, Liane Shekter-Smith, Bradley Wurfel, and Stephen Buschre to Respond re 18 MOTION to Remand and Attorney's Fees and Costs. (Response due by 6/10/2016) Signed by District Judge Sean F. Cox. (JMcC) (Entered: 05/16/2016)

NOTICE of Appearance by Jay M. Berger on behalf of Bradley Wurfel. (Berger, Jay) (Entered: 05/17/2016)

NOTICE by Stephen Busch, Patrick Cook, Michael Prysby, Adam Rosenthal, Liane Shekter Smith, Bradley Wurfel of Companion Cases (Barbieri, Charles) (Entered: 05/17/2016)

ORDER REASSIGNING CASE from District Judge Sean F. Cox and Magistrate Judge David R. Grand in Detroit to District Judge John Corbett O'Meara and Magistrate Judge Mona K. Majzoub in Ann Arbor. (SSch) (Entered: 05/23/2016)

NOTICE of Appearance by Deborah A. LaBelle on behalf of All Plaintiffs. (LaBelle, Deborah) (Entered: 06/01/2016)

NOTICE of Appearance by Frederick A. Berg on behalf of Flint, City of. (Berg, Frederick) (Entered: 06/08/2016)

NOTICE of Appearance by Sheldon H. Klein on behalf of Flint, City of. (Klein, Sheldon) (Entered: 06/08/2016)

Text-Only Order

MOTION for Leave to File Excess Pages by Stephen Busch, Patrick Cook, Michael Prysby, Adam Rosenthal, Liane Shekter Smith, Bradley Wurfel. (Barbieri, Charles) (Entered: 06/09/2016)

TEXT-ONLY ORDER Granting 28 MOTION for Leave to File Excess Pages. Signed by District Judge John Corbett O'Meara. (WBar)

RESPONSE to 18 MOTION to Remand and Attorney's Fees and Costs filed by Stephen Busch, Patrick Cook, Michael Prysby, Adam Rosenthal, Liane Shekter Smith, Bradley Wurfel. (Attachments: # 1 Index of Exhibits, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F, # 8 Exhibit G, # 9 Exhibit H, # 10 Exhibit I, # 11 Exhibit J, # 12 Exhibit K, # 13 Exhibit L, # 14 Exhibit M, # 15 Exhibit N, # 16 Exhibit O, # 17 Exhibit P, # 18 Exhibit Q) (Barbieri, Charles) (Entered: 06/10/2016)

STIPULATION AND ORDER Extending Time to File a Reply Brief in Support of 18 MOTION to Remand and Attorney's Fees and Costs; Reply Brief due by 7/8/2016, Signed by District Judge John Corbett O'Meara. (WBar) (Entered: 06/17/2016)

STIPULATION AND ORDER Extending Time for Defendants Wyant, Smith, Rosenthal, Busch, Cook, Prysby, and Wurfel to Answer Complaint; Responsive Pleading due by 7/25/2016, Signed by District Judge John Corbett O'Meara. (WBar) (Entered: 06/23/2016)

NOTICE of Error directed to: Charles E. Barbieri re 32 Supplemental Brief,. Docket entry was made on the wrong case. Document was stricken and must be refiled correctly. [No Image Associated with this docket entry] (Ahmed, N)

Notice of Error

Error

EXHIBIT Q Supplement re 29 Response to Motion,, 18 MOTION to Remand and Attorney's Fees and Costs by Patrick Cook, Michael Prysby, Adam Rosenthal (Attachments: # 1 Exhibit Q Supplement) (Barbieri, Charles) (Entered: 06/24/2016)

Text-Only Order

Ex Parte MOTION for Leave to File Excess Pages in the Filing of Plaintiffs Reply to MDEQ Defendants Response to Plaintiffs Motion for Remand and Attorneys Fees and Costs by All Plaintiffs. (Hurwitz, Julie) (Entered: 07/06/2016)

TEXT-ONLY ORDER Granting 34 Ex Parte MOTION for Leave to File Excess Pages. Signed by District Judge John Corbett O'Meara. (WBar)

REPLY to Response re 18 MOTION to Remand and Attorney's Fees and Costs filed by All Plaintiffs. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4) (Rivers, Beth) (Entered: 07/08/2016)

MOTION for Leave to File Excess Pages by Bradley Wurfel. (Clare, Christopher) (Entered: 07/20/2016)

ORDER granting in part 36 Motion for Leave to File Excess Pages. Signed by District Judge John Corbett O'Meara. (WBar) (Entered: 07/21/2016)

Ex Parte MOTION for Leave to File Excess Pages by Patrick Cook, Michael Prysby, Adam Rosenthal. (Barbieri, Charles) (Entered: 07/22/2016)

TEXT-ONLY ORDER Granting 38 Ex Parte MOTION for Leave to File Excess Pages filed by Michael Prysby, Adam Rosenthal, Patrick Cook. Signed by District Judge John Corbett O'Meara. (WBar)

Text-Only Order

MOTION to Dismiss by Bradley Wurfel. (Attachments: # 1 Index of Exhibits, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F) (Clare, Christopher) (Entered: 07/25/2016)

Joint MOTION to Dismiss and Brief in Support of MDEQ Employee Defendants Under Fed. R. Civ. P. 12(B)(6) by Patrick Cook, Michael Prysby, Adam Rosenthal. (Attachments: # 1 Index of Exhibits, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F, # 8 Exhibit G, # 9 Exhibit H, # 10 Exhibit I, # 11 Exhibit J, # 12 Exhibit K, # 13 Exhibit L) (Barbieri, Charles) (Entered: 07/25/2016)

STIPULATION AND ORDER Extending Time until August 26, 2016, for City of Flint Defendants to Respond to Complaint, Signed by District Judge John Corbett O'Meara. (WBar) (Entered: 08/15/2016)

Ex Parte MOTION for Extension of Time to File Response/Reply as to 40 Joint MOTION to Dismiss and Brief in Support of MDEQ Employee Defendants Under Fed. R. Civ. P. 12(B)(6), 39 MOTION to Dismiss by All Plaintiffs. (Pitt, Michael) (Entered: 08/15/2016)

TEXT-ONLY ORDER Granting in Part 42 Ex Parte MOTION for Extension of Time to File Response as to 40 Joint MOTION to Dismiss, 39 MOTION to Dismiss; Response due by 9/16/2016, Signed by District Judge John Corbett O'Meara. (WBar)

Text-Only Order

MOTION Hold Summary Disposition Briefing in Abeyance Pending Resolution of Motion to Remand re 40 Joint MOTION to Dismiss and Brief in Support of MDEQ Employee Defendants Under Fed. R. Civ. P. 12(B)(6), 39 MOTION to Dismiss, 18 MOTION to Remand and Attorney's Fees and Costs by All Plaintiffs. (LaBelle, Deborah) (Entered: 08/19/2016)

ORDER Requiring Response to 43 Motion,. Response due by 9/2/2016 Signed by District Judge John Corbett O'Meara. (WBar) (Entered: 08/19/2016)

NOTICE of Appearance by Reed E. Eriksson on behalf of Howard Croft, Flint, City of, Michael Glasgow, Natasha Henderson, Daugherty Johnson. (Eriksson, Reed) (Entered: 08/26/2016)

Joint MOTION to Dismiss by Howard Croft, Flint, City of, Michael Glasgow, Natasha Henderson, 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) (Eriksson, Reed) (Entered: 08/26/2016)

STIPULATION AND ORDER Extending Time to Respond to 46 Joint MOTION to Dismiss; Response due by 9/23/2016, Signed by District Judge John Corbett O'Meara. (WBar) (Entered: 08/31/2016)

RESPONSE to 43 MOTION Hold Summary Disposition Briefing in Abeyance Pending Resolution of Motion to Remand re 40 Joint MOTION to Dismiss and Brief in Support of MDEQ Employee Defendants Under Fed. R. Civ. P. 12(B)(6), 39 MOTION to Dismiss, filed by Stephen Busch, Patrick Cook, Michael Prysby, Adam Rosenthal, Liane Shekter Smith, Bradley Wurfel. (Attachments: # 1 Index of Exhibits, # 2 Exhibit A - Cases Re Argument II, # 3 Exhibit B - Cases Re Argument III, # 4 Exhibit C - Addtl Cases Re Argument III, # 5 Exhibit D - Addtl Cases Re Argument III) (Barbieri, Charles) (Entered: 09/01/2016)

ORDER granting 43 Motion to Hold Briefing in Abeyance. Signed by District Judge John Corbett O'Meara. (WBar) (Entered: 09/13/2016)

OPINION AND ORDER REMANDING CASE to Genesee County Circuit Court. Signed by District Judge John Corbett O'Meara. (DPer) (Entered: 10/06/2016)

NOTICE remanding case to *GENESEE COUNTY CIRCUIT COURT*. (DPer) (Entered: 10/06/2016)

NOTICE OF APPEAL by Liane Shekter Smith, Patrick Cook, Adam Rosenthal, Michael Prysby, Bradley Wurfel, Stephen Busch re 50 Order Remanding Case. Fee Status: No Fee Paid. (Barbieri, Charles) (Entered: 10/19/2016)

Joint MOTION to Stay Remand Order Pending Appeal by Stephen Busch, Patrick Cook, Michael Prysby, Adam Rosenthal, Liane Shekter Smith, Bradley Wurfel. (Attachments: # 1 Exhibit 1 - Dalton v Walgreen Co.) (Barbieri, Charles) (Entered: 10/19/2016)

1 Exhibit 1 - Dalton v Walgreen Co.

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Certificate of Service re 52 Notice of Appeal. (DAll) (Entered: 10/19/2016)

Appeal Fee received for 52 Notice of Appeal filed by Liane Shekter Smith, Bradley Wurfel, Stephen Busch, Michael Prysby, Adam Rosenthal, Patrick Cook in the amount of $ $505.00 - Receipt No. DET097290. (Huff, W.)

Appeal Fee Received

RESPONSE to 53 Joint MOTION to Stay Remand Order Pending Appeal filed by All Plaintiffs. (Attachments: # 1 Exhibit 1 - Notice of Remand) (Rivers, Beth) (Entered: 11/02/2016)

1 Exhibit 1 - Notice of Remand

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ATTORNEY APPEARANCE: Richard S. Kuhl appearing on behalf of State of Michigan Interested Non-Party (Kuhl, Richard) (Entered: 11/03/2016)

REPLY to Response re 53 Joint MOTION to Stay Remand Order Pending Appeal filed by Stephen Busch, Patrick Cook, Michael Prysby, Adam Rosenthal, Liane Shekter Smith, Bradley Wurfel. (Attachments: # 1 Index of Exhibits, # 2 Exhibit 1 - Bauman v Twp of Tittabawassee, # 3 Exhibit 2 - 6th Circuit Briefing Schedule) (Barbieri, Charles) (Entered: 11/09/2016)

1 Index of Exhibits

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2 Exhibit 1 - Bauman v Twp of Tittabawassee

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3 Exhibit 2 - 6th Circuit Briefing Schedule

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ORDER from U.S. Court of Appeals - Sixth Circuit re 52 Notice of Appeal filed by Liane Shekter Smith, Bradley Wurfel, Stephen Busch, Michael Prysby, Adam Rosenthal, Patrick Cook [Appeal Case Number 16-2484] (Ahmed, N) (Entered: 01/13/2017)

ORDER denying 53 Motion to Stay. Signed by District Judge John Corbett O'Meara. (WBar)

ORDER from U.S. Court of Appeals - Sixth Circuit re 52 Notice of Appeal filed by Liane Shekter Smith, Bradley Wurfel, Stephen Busch, Michael Prysby, Adam Rosenthal, Patrick Cook [Appeal Case Number 16-2484] (Ahmed, N) (Entered: 07/13/2017)

OPINION and JUDGMENT from U.S. Court of Appeals - Sixth Circuit re 52 Notice of Appeal filed by Liane Shekter Smith, Bradley Wurfel, Stephen Busch, Michael Prysby, Adam Rosenthal, Patrick Cook [Appeal Case Number 16-2484] (Ahmed, N) (Entered: 09/11/2017)

MANDATE from U.S. Court of Appeals - Sixth Circuit as to 61 Appeal Order/Opinion/Judgment [Appeal Case Number 16-2484] (Krause, S) (Entered: 11/27/2017)

LETTER from the US Supreme Court that a petition for writ of certiorari was filed on 2/13/18. [Supreme Court Case Number: 17-1144] [Court of Appeals Case Number: 16-2484] (DWor) (Entered: 02/21/2018)

LETTER from the US Supreme Court denying the petition for writ of certiorari [Supreme Court Case Number: 17-1144] [Court of Appeals Case Number: 16-2484] (SKra) (Entered: 04/17/2018)