Case: Burgess v. United States

4:17-cv-11218 | U.S. District Court for the Eastern District of Michigan

Filed Date: April 18, 2017

Case Ongoing

Clearinghouse coding complete

Case Summary

This group of 1,704 plaintiffs, led by a Flint homeowner, sued the Environmental Protection Agency (EPA) under the Federal Tort Claims Act in the U.S. District Court for the Eastern District of Michigan in connection with the Flint water crisis on April 18, 2017. This lawsuit is distinct from the Flint water cases in front of Judge Judith Levy, which were filed against various state actors. The plaintiffs were represented by a variety of Michigan-based small private law firms. They sought $722.…

This group of 1,704 plaintiffs, led by a Flint homeowner, sued the Environmental Protection Agency (EPA) under the Federal Tort Claims Act in the U.S. District Court for the Eastern District of Michigan in connection with the Flint water crisis on April 18, 2017. This lawsuit is distinct from the Flint water cases in front of Judge Judith Levy, which were filed against various state actors. The plaintiffs were represented by a variety of Michigan-based small private law firms. They sought $722.4 million dollars in personal and property damages.

An FTCA complaint must allege the ways in which employees of the federal government are liable to plaintiffs under state tort law. Here, the plaintiffs alleged that the EPA was liable for negligence in two instances related to statutory duties: first, because it failed to bring a Section 1431 Emergency Action under the Safe Drinking Water Act until 2016, despite being on notice as early as October 2014 that there was a potential problem of toxic water in Flint; second, because the EPA failed to provide advice and technical assistance to states and local providers which are not in compliance with the requirements of the Safe Water Drinking Act. They also alleged that the EPA was negligent in not warning the public of potential risks to public health due to the contamination of Flint's water, and that they were negligent in undertaking a timely investigation of the situation in Flint.

Procedural background

The plaintiffs filed an amended complaint on February 2, 2018. In response to the complaint, the government filed a motion to dismiss on March 2, 2018. Mediation proceedings were ongoing for about a year, and the plaintffs filed a second amended complaint on February 8, 2019.

On April 18, 2019, Judge Linda V. Parker issued an order and opinion denying the government's motion to dismiss. She also held that the discretionary function exception to liability under the Federal Tort Claims Act did not apply in this case, and that plaintiffs' suit could move forward. 375 F.Supp.3d 796.

On June 7, 2019, the government filed a motion to certify interlocutory appeal, seeking to immediately bring the case in front of the Sixth Circuit Court of Appeals. This motion was denied by Judge Parker on September 27, 2019. 2019 WL 4734686.

Current status

The government filed an answer to the second amended complaint on December 6, 2019. The case was consolidated with several others in an order entered on March 3, 2020. The consolidated cases represent 7,535 plaintiffs in total. Judge Parker appointed Deborah Greenspan, a partner in Blank Rome's Washington, DC office, as a special master for the now-consolidated action In re FTCA Flint Water Cases on March 25, 2020. The case is ongoing.

Summary Authors

Hetali Lodaya (6/15/2020)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/6325448/parties/jan-burgess-and-all-2959-individuals-identified-in-the-burgess-ftca/


Judge(s)

Parker, Linda Vivienne (Michigan)

Whalen, R. Steven (Michigan)

Attorneys(s) for Plaintiff

Bingman, Teresa Ann Caine (Michigan)

Goodman, William Harry (Michigan)

Hurwitz, Julie H. (Michigan)

James, Kathryn Bruner (Michigan)

Labelle, Deborah A. (Michigan)

Lanciotti, Patrick J. (New York)

Leopold, Theodore J. (Florida)

Levens, Emmy L. (District of Columbia)

Judge(s)

Parker, Linda Vivienne (Michigan)

Whalen, R. Steven (Michigan)

Attorneys(s) for Plaintiff

Bingman, Teresa Ann Caine (Michigan)

Goodman, William Harry (Michigan)

Hurwitz, Julie H. (Michigan)

James, Kathryn Bruner (Michigan)

Labelle, Deborah A. (Michigan)

Lanciotti, Patrick J. (New York)

Leopold, Theodore J. (Florida)

Levens, Emmy L. (District of Columbia)

Lindsey, Cynthia M. (Michigan)

McGehee, Cary S. (Michigan)

McKeen, Brian J. (Michigan)

Napoli, Paul J. (New York)

Pitt, Michael L. (Michigan)

Rivers, Beth M. (Michigan)

Sealey, Shermane T. (Michigan)

Shkolnik, Hunter (New York)

Washington, Valdemar L. (Michigan)

Weiner, Jessica B. (District of Columbia)

Young, Trachelle C. (Michigan)

Attorneys(s) for Defendant

Cohen, Jason Todd (District of Columbia)

Devine, Alaina N. (Massachusetts)

Dinnell, Adam M (District of Columbia)

Henneman, Bethany J (District of Columbia)

Quinn, William (District of Columbia)

Rey, Eric (District of Columbia)

Walthall, Timothy B. (District of Columbia)

Ward, Thomas G (District of Columbia)

Williams, Michael L (District of Columbia)

Other Attorney(s)

Kent, David C. (Texas)

Stern, Corey M. (New York)

Expert/Monitor/Master

Greenspan, Deborah E. (District of Columbia)

Documents in the Clearinghouse

Document

4:17-cv-11218

Docket [PACER]

Burgess v. United States of America

June 16, 2020

June 16, 2020

Docket
1

4:17-cv-11218

Complaint

Burgess v. United States of America

April 18, 2017

April 18, 2017

Complaint
75

4:17-cv-11218

Second Amended Complaint

Burgess v. United States of America

March 7, 2019

March 7, 2019

Complaint
76

4:17-cv-11218

18-10243

Opinion and Order

Burgess v. United States of America

375 F.Supp.3d 796

April 18, 2019

April 18, 2019

Order/Opinion
87

4:17-cv-11218

18-10243

Opinion and Order Denying Defendant's Motion for Certification of Interlocutory Appeal Under 28 U.S.C. § 1292(b)

Burgess v. United States of America

2019 WL 4734686

Sept. 27, 2019

Sept. 27, 2019

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/6325448/jan-burgess-and-all-2959-individuals-identified-in-the-burgess-ftca/

Last updated Aug. 4, 2022, 3:07 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT filed by JAN BURGESS, and all 1,703 individuals identified in the Burgess FTCA Administrative Complaint against UNITED STATES OF AMERICA. Plaintiff requests summons issued. Receipt No: 0645-6189401 - Fee: $ 400. County of 1st Plaintiff: Genesee - County Where Action Arose: Genesee - County of 1st Defendant: Genesee. [Previously dismissed case: U.S. District Court - Eastern District, 17-10291, Judge Linda V. Parker] [Possible companion case(s): U.S. District Court - Eastern District, 16-14498, Judge Judith E. Levy] (Attachments: # 1 Exhibit 1 - Names Listed on EPA Batch 1, # 2 Exhibit 2 - Names Listed on EPA Batch 2, # 3 Exhibit 3 - Names Listed on EPA Batch 3) (Pitt, Michael) (Entered: 04/18/2017)

1 Exhibit 1 - Names Listed on EPA Batch 1

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2 Exhibit 2 - Names Listed on EPA Batch 2

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3 Exhibit 3 - Names Listed on EPA Batch 3

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April 18, 2017

April 18, 2017

Clearinghouse

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

April 20, 2017

April 20, 2017

PACER
2

SUMMONS Issued for *UNITED STATES OF AMERICA* (DAll) (Entered: 04/20/2017)

April 20, 2017

April 20, 2017

PACER
3

SUMMONS Issued for the United States Attorney and the Office of the Attorney General. (DAll) (Entered: 04/20/2017)

April 20, 2017

April 20, 2017

PACER

A United States Magistrate Judge of this Court is available to conduct all proceedings in this civil action in accordance with 28 U.S.C. 636c and FRCP 73. The Notice, Consent, and Reference of a Civil Action to a Magistrate Judge form is available for download at http://www.mied.uscourts.gov (DAll)

April 20, 2017

April 20, 2017

PACER
4

ORDER REASSIGNING CASE from District Judge George Caram Steeh and Magistrate Judge David R. Grand in Detroit to District Judge Linda V. Parker and Magistrate Judge R. Steven Whalen in Flint. (SSch) (Entered: 04/21/2017)

April 21, 2017

April 21, 2017

PACER
5

ATTORNEY APPEARANCE: Cynthia M. Lindsey appearing on behalf of All Plaintiffs (Lindsey, Cynthia) (Entered: 04/23/2017)

April 23, 2017

April 23, 2017

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6

NOTICE of Appearance by Cary S. McGehee on behalf of All Plaintiffs. (McGehee, Cary) (Entered: 04/24/2017)

April 24, 2017

April 24, 2017

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7

NOTICE of Appearance by Deborah A. LaBelle on behalf of All Plaintiffs. (LaBelle, Deborah) (Entered: 04/26/2017)

April 26, 2017

April 26, 2017

PACER
8

NOTICE of Appearance by Beth M. Rivers on behalf of JAN BURGESS, and all 1,703 individuals identified in the Burgess FTCA Administrative Complaint. (Rivers, Beth) (Entered: 04/26/2017)

April 26, 2017

April 26, 2017

PACER
9

ATTORNEY APPEARANCE: Julie H. Hurwitz appearing on behalf of All Plaintiffs (Hurwitz, Julie) (Entered: 04/27/2017)

April 27, 2017

April 27, 2017

PACER
10

ATTORNEY APPEARANCE: William H. Goodman appearing on behalf of All Plaintiffs (Goodman, William) (Entered: 04/27/2017)

April 27, 2017

April 27, 2017

PACER
11

ATTORNEY APPEARANCE: Kathryn Bruner James appearing on behalf of All Plaintiffs (James, Kathryn) (Entered: 04/27/2017)

April 27, 2017

April 27, 2017

PACER
12

ATTORNEY APPEARANCE: Shermane A. Sealey appearing on behalf of JAN BURGESS, and all 1,703 individuals identified in the Burgess FTCA Administrative Complaint (Sealey, Shermane) (Entered: 04/28/2017)

April 28, 2017

April 28, 2017

PACER
13

CERTIFICATE of Service/Summons Returned Executed. U.S. Attorney on behalf of UNITED STATES OF AMERICA served on 4/20/2017, answer due 6/19/2017. (Pitt, Michael) (Entered: 05/01/2017)

May 1, 2017

May 1, 2017

PACER
14

CERTIFICATE of Service/Summons Returned Executed. Attorney General of the U.S. served on 4/25/2017. (Pitt, Michael) (Entered: 05/01/2017)

May 1, 2017

May 1, 2017

PACER
15

CERTIFICATE of Service/Summons Returned Executed. U.S. Attorney on behalf of UNITED STATES OF AMERICA served on 4/24/2017, answer due 6/23/2017. (Pitt, Michael) (Entered: 05/01/2017)

May 1, 2017

May 1, 2017

PACER
16

NOTICE of Appearance by Adam M. Dinnell on behalf of UNITED STATES OF AMERICA. (Dinnell, Adam) (Entered: 05/17/2017)

May 17, 2017

May 17, 2017

PACER
17

NOTICE of Appearance by Sarah B. Williams on behalf of UNITED STATES OF AMERICA. (Williams, Sarah) (Entered: 05/19/2017)

May 19, 2017

May 19, 2017

PACER
18

Joint MOTION for Order Scheduling an Initial Case Management Status Conference by UNITED STATES OF AMERICA. (Attachments: # 1 Exhibit A (Proposed Stipulated Initial Case Management Order -- for Discussion at the Requested Conference)) (Dinnell, Adam) (Entered: 06/14/2017)

1 Exhibit A (Proposed Stipulated Initial Case Management Order -- for Discussion a

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June 14, 2017

June 14, 2017

PACER

Order on Motion for Order

June 15, 2017

June 15, 2017

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19

NOTICE TO APPEAR BY TELEPHONE: Scheduling Conference set for 7/13/2017 at 11:30 AM before District Judge Linda V. Parker (RLou) (Entered: 06/15/2017)

June 15, 2017

June 15, 2017

PACER

TEXT-ONLY ORDER Denying as Moot 18 Joint MOTION for Order Scheduling an Initial Case Management Status Conference. IT IS SO ORDERED. Issued by District Judge Linda V. Parker. (RLou)

June 15, 2017

June 15, 2017

PACER
20

NOTICE of Appearance by Teresa Ann Caine Bingman on behalf of All Plaintiffs. (Bingman, Teresa) (Entered: 06/27/2017)

June 27, 2017

June 27, 2017

PACER
21

DISCOVERY plan jointly filed pursuant to Federal Rules of Civil Procedure 26(f) (Attachments: # 1 Exhibit A, Proposed Stipulated Initial Case Management Order) (Dinnell, Adam) (Entered: 07/05/2017)

1 Exhibit A, Proposed Stipulated Initial Case Management Order

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July 5, 2017

July 5, 2017

PACER

Reset Conference ***TIME CHANGE ONLY***: TELEPHONIC Scheduling Conference RESET for 7/13/2017 at 10:30 AM before District Judge Linda V. Parker (RLou)

July 11, 2017

July 11, 2017

PACER

Set Deadlines/Hearings

July 11, 2017

July 11, 2017

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22

NOTICE of Appearance by Michael L. Williams on behalf of UNITED STATES OF AMERICA. (Williams, Michael) (Entered: 07/11/2017)

July 11, 2017

July 11, 2017

PACER

Reset Conference: TELEPHONIC Scheduling Conference RESET for 7/14/2017 at 10:30 AM before District Judge Linda V. Parker (RLou)

July 13, 2017

July 13, 2017

PACER

Set Deadlines/Hearings

July 13, 2017

July 13, 2017

PACER

Minute Entry for proceedings before District Judge Linda V. Parker: Telephonic Scheduling Conference held on 7/14/2017. (Court Reporter: None Present, Not on the Record) (RLou)

July 14, 2017

July 14, 2017

PACER

Scheduling Conference

July 14, 2017

July 14, 2017

PACER
23

STIPULATED INITIAL CASE MANAGEMENT SCHEDULING ORDER: Threshold Dispositive Motion Cut-off set for 2/16/2018. Signed by District Judge Linda V. Parker. (Refer to image for additional dates) (RLou) (Entered: 07/14/2017)

July 14, 2017

July 14, 2017

PACER
24

NOTICE of Appearance by Bethany J. Henneman on behalf of UNITED STATES OF AMERICA. (Henneman, Bethany) (Entered: 07/25/2017)

July 25, 2017

July 25, 2017

PACER
25

NOTICE of Withdrawal of Attorney Adam M. Dinnell for on behalf of UNITED STATES OF AMERICA. (Dinnell, Adam) (Entered: 08/11/2017)

Aug. 11, 2017

Aug. 11, 2017

RECAP
26

ORDER Granting Withdrawal of Attorney Adam M. Dinnell. Signed by District Judge Linda V. Parker. (RLou) (Entered: 08/14/2017)

Aug. 14, 2017

Aug. 14, 2017

PACER
27

NOTICE of Appearance by Thomas G. Ward on behalf of UNITED STATES OF AMERICA. (Ward, Thomas) (Entered: 10/10/2017)

Oct. 10, 2017

Oct. 10, 2017

PACER
28

STIPULATED ORDER to Amend 1 Complaint. Signed by District Judge Linda V. Parker. (Attachments: # 1 Exhibit Amended Complaint) (JOwe) (Entered: 01/31/2018)

1 Exhibit Amended Complaint

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Jan. 31, 2018

Jan. 31, 2018

PACER
29

AMENDED COMPLAINT First filed by JAN BURGESS, and all 1,703 individuals identified in the Burgess FTCA Administrative Complaint against UNITED STATES OF AMERICA. NO NEW PARTIES ADDED. (Attachments: # 1 Exhibit 1 - Names Listed on Batch 1, # 2 Exhibit 2 - Names Listed on Batch 2, # 3 Exhibit 3 - Names Listed on Batch 3, # 4 Exhibit 4 - Names Listed on Batch 4) (Pitt, Michael) (Entered: 02/02/2018)

1 Exhibit 1 - Names Listed on Batch 1

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2 Exhibit 2 - Names Listed on Batch 2

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3 Exhibit 3 - Names Listed on Batch 3

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4 Exhibit 4 - Names Listed on Batch 4

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Feb. 2, 2018

Feb. 2, 2018

RECAP
30

NOTICE of Change of Address/Contact Information by Bethany J. Henneman on behalf of UNITED STATES OF AMERICA. (Henneman, Bethany) (Entered: 02/15/2018)

Feb. 15, 2018

Feb. 15, 2018

PACER
31

NOTICE of Change of Address/Contact Information by Michael L. Williams on behalf of UNITED STATES OF AMERICA. (Williams, Michael) (Entered: 02/15/2018)

Feb. 15, 2018

Feb. 15, 2018

PACER
32

[STRICKEN] MOTION Motion of 53 Burgess Plaintiffs To Strike All Allegations As To Them Contained In The Thomas Case - USDC ED MI File No. 4:18-cv-10243 by All Plaintiffs. (Attachments: # 1 Index of Exhibits, # 2 Exhibit 1 - List of Burgess Clients, # 3 Exhibit 2 - Client Authorizations, # 4 Exhibit 3 - Lewisteen Lorick Letter, # 5 Exhibit 4 - Lewisteen Lorick Retainer Agreement, # 6 Exhibit 5 - Takisha Moller Letter, # 7 Exhibit 6 - Letter from Thomas Attorneys to Moller, # 8 Exhibit 7 - Emails 2-13-18 to 2-14-18 re Seeking Concurrence) (Hurwitz, Julie) Modified on 3/9/2018 (RLou). (Entered: 02/15/2018)

Feb. 15, 2018

Feb. 15, 2018

PACER
33

NOTICE of Change of Address/Contact Information by Sarah B. Williams on behalf of UNITED STATES OF AMERICA. (Williams, Sarah) (Entered: 02/15/2018)

Feb. 15, 2018

Feb. 15, 2018

PACER
34

STIPULATED ORDER to Extend Filing Deadlines for Threshold Dispositive Motion (Threshold Dispositive Motion Cut-off set for 3/2/2018, Response is due by 4/13/18, Reply is due by 5/4/18). Signed by District Judge Linda V. Parker. (Refer to image for additional dates) (RLou) (Entered: 02/16/2018)

Feb. 16, 2018

Feb. 16, 2018

PACER
35

[STRICKEN] STIPULATION re 32 MOTION Motion of 53 Burgess Plaintiffs To Strike All Allegations As To Them Contained In The Thomas Case - USDC ED MI File No. 4:18-cv-10243 by William Thomas (Shkolnik, Hunter) Modified on 3/1/2018 (RLou). (Entered: 02/28/2018)

Feb. 28, 2018

Feb. 28, 2018

PACER
36

ORDER Striking 35 Stipulated Extension. Signed by District Judge Linda V. Parker. (RLou) (Entered: 03/01/2018)

March 1, 2018

March 1, 2018

PACER
37

MOTION to Dismiss by UNITED STATES OF AMERICA. (Attachments: # 1 Exhibit A, Deposition of Miguel Del Toral, # 2 Exhibit B, Deposition of Rita Bair, # 3 Exhibit C, Deposition of Tinka Hyde, # 4 Exhibit D, Deposition of Deborah Baltazar, # 5 Exhibit E, Deposition of Jennifer Crooks, # 6 Exhibit F, Deposition of Thomas Poy, # 7 Exhibit G, Deposition of Robert Kaplan) (Williams, Michael) (Entered: 03/02/2018)

1 Exhibit A, Deposition of Miguel Del Toral

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2 Exhibit B, Deposition of Rita Bair

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3 Exhibit C, Deposition of Tinka Hyde

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4 Exhibit D, Deposition of Deborah Baltazar

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5 Exhibit E, Deposition of Jennifer Crooks

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6 Exhibit F, Deposition of Thomas Poy

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7 Exhibit G, Deposition of Robert Kaplan

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March 2, 2018

March 2, 2018

RECAP
38

EXHIBIT 1 Del Toral re 37 MOTION to Dismiss by UNITED STATES OF AMERICA (Attachments: # 1 Exhibit 2 Del Toral, # 2 Exhibit 3 Del Toral, # 3 Exhibit 4 Del Toral, # 4 Exhibit 5 Del Toral, # 5 Exhibit 6 Del Toral, # 6 Exhibit 7 Del Toral, # 7 Exhibit 8 Del Toral, # 8 Exhibit 9 Bair, # 9 Exhibit 10 Bair, # 10 Exhibit 11 Bair, # 11 Exhibit 12 Bair, # 12 Exhibit 13 Hyde, # 13 Exhibit 14 Hyde, # 14 Exhibit 15 Hyde, # 15 Exhibit 16 Hyde) (Williams, Michael) (Entered: 03/02/2018)

1 Exhibit 2 Del Toral

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2 Exhibit 3 Del Toral

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3 Exhibit 4 Del Toral

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4 Exhibit 5 Del Toral

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5 Exhibit 6 Del Toral

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6 Exhibit 7 Del Toral

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7 Exhibit 8 Del Toral

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8 Exhibit 9 Bair

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9 Exhibit 10 Bair

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10 Exhibit 11 Bair

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11 Exhibit 12 Bair

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12 Exhibit 13 Hyde

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13 Exhibit 14 Hyde

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14 Exhibit 15 Hyde

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15 Exhibit 16 Hyde

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March 2, 2018

March 2, 2018

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39

EXHIBIT 17 Hyde re 37 MOTION to Dismiss by UNITED STATES OF AMERICA (Attachments: # 1 Exhibit 18 Hyde, # 2 Exhibit 19 Hyde, # 3 Exhibit 20 Hyde, # 4 Exhibit 21 Hyde, # 5 Exhibit 22 Hyde, # 6 Exhibit 23 Hyde, # 7 Exhibit 24 Hyde, # 8 Exhibit 25 Hyde, # 9 Exhibit 26 Hyde, # 10 Exhibit 27 Hyde, # 11 Exhibit 28 Hyde, # 12 Exhibit 29 Hyde, # 13 Exhibit 30 Hyde, # 14 Exhibit 31 Hyde, # 15 Exhibit 32 Hyde, # 16 Exhibit 33 Baltazr, # 17 Exhibit 34 Baltazar, # 18 Exhibit 35 Baltazar, # 19 Exhibit 36 Baltazar, # 20 Exhibit 37 Baltazar, # 21 Exhibit 38 Baltazar, # 22 Exhibit 39 Baltazar) (Williams, Michael) (Entered: 03/02/2018)

1 Exhibit 18 Hyde

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2 Exhibit 19 Hyde

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3 Exhibit 20 Hyde

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4 Exhibit 21 Hyde

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5 Exhibit 22 Hyde

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6 Exhibit 23 Hyde

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7 Exhibit 24 Hyde

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8 Exhibit 25 Hyde

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9 Exhibit 26 Hyde

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10 Exhibit 27 Hyde

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11 Exhibit 28 Hyde

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12 Exhibit 29 Hyde

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13 Exhibit 30 Hyde

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14 Exhibit 31 Hyde

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15 Exhibit 32 Hyde

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16 Exhibit 33 Baltazr

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17 Exhibit 34 Baltazar

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18 Exhibit 35 Baltazar

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19 Exhibit 36 Baltazar

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20 Exhibit 37 Baltazar

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21 Exhibit 38 Baltazar

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22 Exhibit 39 Baltazar

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March 2, 2018

March 2, 2018

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40

EXHIBIT 40 Crooks re 37 MOTION to Dismiss by UNITED STATES OF AMERICA (Attachments: # 1 Exhibit 41 Crooks, # 2 Exhibit 42 Crooks, # 3 Exhibit 43 Crooks, # 4 Exhibit 44 Crooks, # 5 Exhibit 45 Crooks, # 6 Exhibit 46 Poy, # 7 Exhibit 47 Poy, # 8 Exhibit 48 Poy, # 9 Exhibit 49 Kaplan, # 10 Exhibit 51 Kaplan, # 11 Exhibit 52 Kaplan, # 12 Exhibit 53 Kaplan, # 13 Exhibit 54 Kaplan, # 14 Exhibit 55 Kaplan, # 15 Exhibit 56 Kaplan, # 16 Exhibit 57 Kaplan, # 17 Exhibit 58 Kaplan) (Williams, Michael) (Entered: 03/02/2018)

1 Exhibit 41 Crooks

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2 Exhibit 42 Crooks

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3 Exhibit 43 Crooks

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4 Exhibit 44 Crooks

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5 Exhibit 45 Crooks

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6 Exhibit 46 Poy

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7 Exhibit 47 Poy

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8 Exhibit 48 Poy

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9 Exhibit 49 Kaplan

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10 Exhibit 51 Kaplan

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11 Exhibit 52 Kaplan

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12 Exhibit 53 Kaplan

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13 Exhibit 54 Kaplan

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14 Exhibit 55 Kaplan

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15 Exhibit 56 Kaplan

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16 Exhibit 57 Kaplan

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17 Exhibit 58 Kaplan

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March 2, 2018

March 2, 2018

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EXHIBIT 59 Kaplan re 37 MOTION to Dismiss by UNITED STATES OF AMERICA (Attachments: # 1 Exhibit Kaplan 60, # 2 Exhibit Kaplan 61, # 3 Exhibit Kaplan 62, # 4 Exhibit Kaplan 63, # 5 Exhibit Kaplan 64, # 6 Exhibit Kaplan 65, # 7 Exhibit 66 OARM, # 8 Exhibit 67 OARM, # 9 Exhibit 68 REGION, # 10 Exhibit 69 ANGLE) (Williams, Michael) (Entered: 03/02/2018)

1 Exhibit Kaplan 60

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2 Exhibit Kaplan 61

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3 Exhibit Kaplan 62

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4 Exhibit Kaplan 63

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5 Exhibit Kaplan 64

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6 Exhibit Kaplan 65

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7 Exhibit 66 OARM

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8 Exhibit 67 OARM

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9 Exhibit 68 REGION

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10 Exhibit 69 ANGLE

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March 2, 2018

March 2, 2018

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42

[STRICKEN] RESPONSE to 32 MOTION Motion of 53 Burgess Plaintiffs To Strike All Allegations As To Them Contained In The Thomas Case - USDC ED MI File No. 4:18-cv-10243 filed by William Thomas. (Attachments: # 1 Exhibit Email between Burgess and Thomas Counsel, # 2 Exhibit Signed affidavits and stop work letters, # 3 Exhibit List of client communications, # 4 Exhibit Patrick Lanciotti Affirmation, # 5 Exhibit Redacted retainer addendum) (Shkolnik, Hunter) Modified on 3/9/2018 (RLou). (Entered: 03/08/2018)

March 8, 2018

March 8, 2018

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43

ORDER Striking 32 MOTION of 53 Burgess Plaintiffs To Strike All Allegations As To Them Contained In The Thomas Case - USDC ED MI File No. 4:18-cv-10243 and, 42 Response to Motion. Signed by District Judge Linda V. Parker. (RLou) (Entered: 03/09/2018)

March 9, 2018

March 9, 2018

PACER
44

NOTICE TO APPEAR BY TELEPHONE: Status Conference set for 3/15/2018 at 3:30 PM before District Judge Linda V. Parker (RLou) (Entered: 03/13/2018)

March 13, 2018

March 13, 2018

PACER

Reset Conference ***TIME CHANGE ONLY***: TELEPHONIC Status Conference RESET for 3/15/2018 at 2:30 PM before District Judge Linda V. Parker (RLou)

March 14, 2018

March 14, 2018

PACER

Set Deadlines/Hearings

March 14, 2018

March 14, 2018

PACER

Minute Entry for proceedings before District Judge Linda V. Parker: Telephonic Status Conference held on 3/15/2018. (Court Reporter: None Present, Not on the Record) (RLou)

March 15, 2018

March 15, 2018

PACER

Status Conference

March 15, 2018

March 15, 2018

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45

STIPULATION AND ORDER Extending the Time for Plaintiffs to Respond to Defendant's 37 MOTION to Dismiss (Response due by 4/27/2018, Reply due by 5/18/2018). Signed by District Judge Linda V. Parker. (RLou) (Entered: 03/19/2018)

March 19, 2018

March 19, 2018

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46

ORDER. Signed by District Judge Linda V. Parker. (RLou) (Entered: 04/16/2018)

April 16, 2018

April 16, 2018

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47

FINAL STIPULATION AND ORDER to Extend the Time for Filing Plaintiffs' Response to Defendant United States' 37 MOTION to Dismiss (Response due by 5/15/2018, Reply due by 6/6/2018) Signed by District Judge Linda V. Parker. (RLou) (Entered: 04/18/2018)

April 18, 2018

April 18, 2018

PACER
48

ORDER Appointing Facilitative Mediators Pursuant to Eastern District of Michigan Local Rule 16.04. Signed by District Judge Linda V. Parker. (RLou) (Entered: 04/25/2018)

April 25, 2018

April 25, 2018

PACER
49

MOTION for Order for Clarification by UNITED STATES OF AMERICA. (Williams, Michael) (Entered: 04/27/2018)

April 27, 2018

April 27, 2018

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50

NOTICE of Appearance by Eric Rey on behalf of UNITED STATES OF AMERICA. (Rey, Eric) (Entered: 05/01/2018)

May 1, 2018

May 1, 2018

PACER
51

ORDER Granting Defendant's 49 Motion for Order for Clarification and Clarifying April 25, 2018 Order Appointing Facilitative Mediators. Signed by District Judge Linda V. Parker. (RLou) (Entered: 05/02/2018)

May 2, 2018

May 2, 2018

PACER
52

Ex Parte MOTION for Leave to File Excess Pages by JAN BURGESS, and all 1,703 individuals identified in the Burgess FTCA Administrative Complaint. (Rivers, Beth) (Entered: 05/15/2018)

May 15, 2018

May 15, 2018

PACER
53

RESPONSE to 37 MOTION to Dismiss for Lack of Subject Matter Jurisdiction filed by All Plaintiffs. (Attachments: # 1 Index of Exhibits, # 2 Exhibit 1 Emails, Feb 26, 2015 to March 3, 2015, # 3 Exhibit 2 Emails 5-1-2015-6-2-2015, # 4 Exhibit 3 M. DelToral Interim Rept 6-24-15, # 5 Exhibit 4 Emails June 5 and June 8, 2015, # 6 Exhibit 5 Emails R. Bair, DelToral Hyde June 25, 2015, # 7 Exhibit 6 Emails June 30 and July 1, 2015, # 8 Exhibit 11-Briefing Paper for Call with MDEQ, 7-21-15, # 9 Exhibit 12 DelToral Final Rept Circulated by T. Hyde, 11-4-2015, # 10 Exhibit 14 Emails, 3-10-2015, # 11 Exhibit 15 T.Hyde Ltr to Flint Resident A. Comer, 3-2-15, # 12 Exhibit 16 J. Crooks email to M. Eisenberg, T. Poy and T. Hyde re Call from Flint resident, 5-15-15, # 13 Exhibit 18 T. Hyde Ltr to Flint resident S. Pumfrey 3-2-15, # 14 Exhibit 20 Call Notes from Call with MDEQ 7-21-15, # 15 Exhibit 21 Notes on Call with MDEQ 7-21-15, # 16 Exhibit 22 Briefing Paper for Call MDEQ 7-21-15, # 17 Exhibit 26 2913 Drinking Water Annual Resource Deployment Plan, FY 2013, # 18 Exhibit 31 Office of Ground Water and Drinking Watger (OGWDW) Memo re LCR Requirements, P. Grfevatt, 11-3-2015, # 19 Exhibit 32 EPA Emergency Admin Order 1-21-16, # 20 Exhibit 37 Baltazar Email, 9-4-15, # 21 Exhibit 44 DelToral Email July 15, 2015; J. Crooks Email 7-9-15, # 22 Exhibit 47 DelToral Email 9-22-15, # 23 Exhibit 51 Gov's Flint Water Advisory Task Force Rept, 3-2016, # 24 Exhibit 52 Final Guidance on Emergency Authority under Section 1431, 9-27-1991, # 25 Exhibit 53 Office of Inspector General (OIG) Mgt Alert, 10-20-16, # 26 Exhibit 63 G. McCarthy Ltr to Gov Snyder re Emergency Order, 1-21-16, # 27 Exhibit 70 Governor's Flint Water Advisory Task Force Timeline 3-2016, # 28 Exhibit 71 R. Bair Email re DelToral instructed to re-write report 7-20-15, # 29 Exhibit 72 NPR Article - High Lead Levels in MI Kids after City Switches Water Source, 9-29-15, # 30 Exhibit 73 Emails, S. Hedman and D, Wallikng 6-30--7-2-2015, # 31 Exhibit 74 Emails June 29, 2015 to July 15, 2015, # 32 Exhibit 75 Emails DelToral and R. Bair July 7, 2015 to July 9, 2015, # 33 Exhibit 76 B.Wurfel Email July 10, 2015, # 34 Exhibit 77 Emails A. Rosenthal and M. Glasgow July 9-10, 2015; Dr. M. Edwards' commentsd, # 35 Exhibit 78 MI Radio Article, Leaked Internal Memo Shows Fed,. Regulator's Concerns About Lead in Flint Water 7-13-15, # 36 Exhibit 79 MI Radio Article After Blowing Whistle on Flint's Water EPA Rogue Employee Has Been Silent. Until Now Jan 21, 2016, # 37 Exhibit A M. Deltoral Dep Trans Exceerpts 10-12-17, # 38 Exhibit B R.l Bair Dep Trans Excerpts 10/12/17, # 39 Exhibit C T.Hyde Dep Trans Excerpts 10/26/17, # 40 Exhibit D J. Crooks Dep Trans Excerpts 11/15/17) (Hurwitz, Julie) (Entered: 05/15/2018)

1 Index of Exhibits

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2 Exhibit 1 Emails, Feb 26, 2015 to March 3, 2015

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3 Exhibit 2 Emails 5-1-2015-6-2-2015

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4 Exhibit 3 M. DelToral Interim Rept 6-24-15

View on PACER

5 Exhibit 4 Emails June 5 and June 8, 2015

View on PACER

6 Exhibit 5 Emails R. Bair, DelToral Hyde June 25, 2015

View on PACER

7 Exhibit 6 Emails June 30 and July 1, 2015

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8 Exhibit 11-Briefing Paper for Call with MDEQ, 7-21-15

View on PACER

9 Exhibit 12 DelToral Final Rept Circulated by T. Hyde, 11-4-2015

View on PACER

10 Exhibit 14 Emails, 3-10-2015

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11 Exhibit 15 T.Hyde Ltr to Flint Resident A. Comer, 3-2-15

View on PACER

12 Exhibit 16 J. Crooks email to M. Eisenberg, T. Poy and T. Hyde re Call from Flin

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13 Exhibit 18 T. Hyde Ltr to Flint resident S. Pumfrey 3-2-15

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14 Exhibit 20 Call Notes from Call with MDEQ 7-21-15

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15 Exhibit 21 Notes on Call with MDEQ 7-21-15

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16 Exhibit 22 Briefing Paper for Call MDEQ 7-21-15

View on PACER

17 Exhibit 26 2913 Drinking Water Annual Resource Deployment Plan, FY 2013

View on PACER

18 Exhibit 31 Office of Ground Water and Drinking Watger (OGWDW) Memo re LCR Requir

View on PACER

19 Exhibit 32 EPA Emergency Admin Order 1-21-16

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20 Exhibit 37 Baltazar Email, 9-4-15

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21 Exhibit 44 DelToral Email July 15, 2015; J. Crooks Email 7-9-15

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22 Exhibit 47 DelToral Email 9-22-15

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23 Exhibit 51 Gov's Flint Water Advisory Task Force Rept, 3-2016

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24 Exhibit 52 Final Guidance on Emergency Authority under Section 1431, 9-27-1991

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25 Exhibit 53 Office of Inspector General (OIG) Mgt Alert, 10-20-16

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26 Exhibit 63 G. McCarthy Ltr to Gov Snyder re Emergency Order, 1-21-16

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27 Exhibit 70 Governor's Flint Water Advisory Task Force Timeline 3-2016

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28 Exhibit 71 R. Bair Email re DelToral instructed to re-write report 7-20-15

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29 Exhibit 72 NPR Article - High Lead Levels in MI Kids after City Switches Water S

View on PACER

30 Exhibit 73 Emails, S. Hedman and D, Wallikng 6-30--7-2-2015

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31 Exhibit 74 Emails June 29, 2015 to July 15, 2015

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32 Exhibit 75 Emails DelToral and R. Bair July 7, 2015 to July 9, 2015

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33 Exhibit 76 B.Wurfel Email July 10, 2015

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34 Exhibit 77 Emails A. Rosenthal and M. Glasgow July 9-10, 2015; Dr. M. Edwards�

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35 Exhibit 78 MI Radio Article, Leaked Internal Memo Shows Fed,. Regulator's C

View on PACER

36 Exhibit 79 MI Radio Article After Blowing Whistle on Flint's Water EPA Rogu

View on PACER

37 Exhibit A M. Deltoral Dep Trans Exceerpts 10-12-17

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38 Exhibit B R.l Bair Dep Trans Excerpts 10/12/17

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39 Exhibit C T.Hyde Dep Trans Excerpts 10/26/17

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40 Exhibit D J. Crooks Dep Trans Excerpts 11/15/17

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May 15, 2018

May 15, 2018

PACER

TEXT-ONLY ORDER Granting 52 Motion for Leave to File Excess Pages. IT IS SO ORDERED. Issued by District Judge Linda V. Parker. (RLou)

May 16, 2018

May 16, 2018

PACER

Order on Motion for Leave to File Excess Pages

May 16, 2018

May 16, 2018

PACER
54

INDEX of Exhibits re 37 MOTION to Dismiss by All Plaintiffs (Corrected Index of Exhibits) (Attachments: # 1 Exhibit 80-MLive Article "DEQ Replaces Water Official After State Acknowledges 'Mistake' in Flint", 10-19-15, # 2 Exhibit 81-Email: DelToral to EPA Supervisors, 11-17-15) (Hurwitz, Julie) (Entered: 05/22/2018)

1 Exhibit 80-MLive Article "DEQ Replaces Water Official After State Acknowled

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2 Exhibit 81-Email: DelToral to EPA Supervisors, 11-17-15

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May 22, 2018

May 22, 2018

PACER
55

STIPULATED ORDER to Extend United States' Reply Brief Length by 5 Pages. Signed by District Judge Linda V. Parker. (RLou) (Entered: 05/23/2018)

May 23, 2018

May 23, 2018

PACER
56

REPLY to Response re 37 MOTION to Dismiss for Lack of Subject-Matter Jurisdiction filed by UNITED STATES OF AMERICA. (Attachments: # 1 Exhibit 82 In re Yosemite Hantavirus Litig. Jan. 31 2018 Order) (Williams, Michael) (Entered: 06/06/2018)

1 Exhibit 82 In re Yosemite Hantavirus Litig. Jan. 31 2018 Order

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June 6, 2018

June 6, 2018

PACER
57

CERTIFICATE OF SERVICE re 54 Exhibit Index, by JAN BURGESS, and all 1,703 individuals identified in the Burgess FTCA Administrative Complaint CORRECTED CERTIFICATE OF SERVICE (Hurwitz, Julie) (Entered: 06/07/2018)

June 7, 2018

June 7, 2018

PACER
58

NOTICE of Withdrawal of Attorney Bethany J. Henneman for on behalf of UNITED STATES OF AMERICA. (Henneman, Bethany) (Entered: 07/16/2018)

July 16, 2018

July 16, 2018

RECAP
59

ORDER Granting Withdrawal of Attorney Bethany J. Henneman. Signed by District Judge Linda V. Parker. (RLou) (Entered: 07/16/2018)

July 16, 2018

July 16, 2018

PACER
60

MOTION to Supplement the Record and For Taking Judicial Notice of Public Records by JAN BURGESS, and all 1,703 individuals identified in the Burgess FTCA Administrative Complaint. (Attachments: # 1 Exhibit 83 - EPA Report Dated July 19, 2018) (Rivers, Beth) (Entered: 10/04/2018)

1 Exhibit 83 - EPA Report Dated July 19, 2018

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Oct. 4, 2018

Oct. 4, 2018

PACER
61

RESPONSE to 60 MOTION to Supplement the Record and For Taking Judicial Notice of Public Records and Memorandum in Support filed by UNITED STATES OF AMERICA. (Williams, Michael) (Entered: 10/18/2018)

Oct. 18, 2018

Oct. 18, 2018

PACER
62

MOTION For Status Conference by JAN BURGESS, and all 1,703 individuals identified in the Burgess FTCA Administrative Complaint. (Rivers, Beth) (Entered: 01/15/2019)

Jan. 15, 2019

Jan. 15, 2019

PACER
63

MOTION to Stay re 62 MOTION For Status Conference by UNITED STATES OF AMERICA. (Williams, Michael) (Entered: 01/16/2019)

Jan. 16, 2019

Jan. 16, 2019

PACER
64

RESPONSE to 62 MOTION For Status Conference and NOTICE of Restoration in Appropriations filed by UNITED STATES OF AMERICA. (Williams, Michael) (Entered: 01/28/2019)

Jan. 28, 2019

Jan. 28, 2019

PACER

TEXT-ONLY ORDER Granting 62 Motion For Status Conference. IT IS SO ORDERED. Issued by District Judge Linda V. Parker. (RLou)

Jan. 29, 2019

Jan. 29, 2019

PACER

Order on Motion - Free

Jan. 29, 2019

Jan. 29, 2019

PACER

Order on Motion to Stay

Jan. 29, 2019

Jan. 29, 2019

PACER
65

NOTICE TO APPEAR: Status Conference set for 2/8/2019 at 11:00 AM before District Judge Linda V. Parker (RLou) (Entered: 01/29/2019)

Jan. 29, 2019

Jan. 29, 2019

PACER

TEXT-ONLY ORDER Denying as Moot 63 Motion to Stay. IT IS SO ORDERED. Issued by District Judge Linda V. Parker. (RLou)

Jan. 29, 2019

Jan. 29, 2019

PACER
66

NOTICE of Appearance by Emmy L Levens on behalf of JAN BURGESS, and all 1,703 individuals identified in the Burgess FTCA Administrative Complaint. (Levens, Emmy) (Entered: 02/01/2019)

Feb. 1, 2019

Feb. 1, 2019

PACER
67

NOTICE of Appearance by Jessica B. Weiner on behalf of JAN BURGESS, and all 1,703 individuals identified in the Burgess FTCA Administrative Complaint. (Weiner, Jessica) (Entered: 02/01/2019)

Feb. 1, 2019

Feb. 1, 2019

RECAP
68

NOTICE of Appearance by Theodore J. Leopold on behalf of JAN BURGESS, and all 1,703 individuals identified in the Burgess FTCA Administrative Complaint. (Leopold, Theodore) (Entered: 02/01/2019)

Feb. 1, 2019

Feb. 1, 2019

PACER

Minute Entry for proceedings before District Judge Linda V. Parker: Status Conference held on 2/8/2019. (Court Reporter: None Present, Not on the Record) (RLou)

Feb. 8, 2019

Feb. 8, 2019

PACER

Status Conference

Feb. 8, 2019

Feb. 8, 2019

PACER
69

STIPULATED ORDER to File a Second Amended Complaint (Second Amended Complaint shall be filed by 2/13/19). Signed by District Judge Linda V. Parker. (Attachments: # 1 Second Amended Complaint) (RLou) (Entered: 02/08/2019)

1 Exhibit Second Amended Complaint

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Feb. 8, 2019

Feb. 8, 2019

PACER
70

ORDER. Signed by District Judge Linda V. Parker. (RLou) (Entered: 02/08/2019)

Feb. 8, 2019

Feb. 8, 2019

PACER
71

NOTICE by JAN BURGESS, and all 1,703 individuals identified in the Burgess FTCA Administrative Complaint re 53 Response to Motion,,,,,,,,,,, Notice of Supplemental Authority (Attachments: # 1 Exhibit Guertin Opinion) (Rivers, Beth) (Entered: 02/15/2019)

1 Exhibit Guertin Opinion

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Feb. 15, 2019

Feb. 15, 2019

PACER
72

SUPPLEMENTAL BRIEF re 71 Notice (Other) filed by UNITED STATES OF AMERICA. (Williams, Michael) (Entered: 02/25/2019)

Feb. 25, 2019

Feb. 25, 2019

RECAP
73

COMPLAINT Second Amended Complaint filed by JAN BURGESS, and all 1,703 individuals identified in the Burgess FTCA Administrative Complaint against UNITED STATES OF AMERICA. No summons requested. Receipt No: 0645-7139319 - 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): Eastern District of Michigan, 5:16-cv-10444, Judge Judge Judith E. Levy] (Attachments: # 1 Exhibit 5) (Pitt, Michael) Modified on 3/7/2019 (DWor). [WRONG EVENT SELECTED] (Entered: 03/06/2019)

1 Exhibit 5

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March 6, 2019

March 6, 2019

PACER
74

ORDER. Signed by District Judge Linda V. Parker. (RLou) (Entered: 03/07/2019)

March 7, 2019

March 7, 2019

PACER
75

AMENDED COMPLAINT Second Amended Complaint filed by JAN BURGESS, and all 1,703 individuals identified in the Burgess FTCA Administrative Complaint against UNITED STATES OF AMERICA. NO NEW PARTIES ADDED. (Attachments: # 1 Exhibit 5) (Pitt, Michael) (Entered: 03/07/2019)

1 Exhibit 5

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March 7, 2019

March 7, 2019

Clearinghouse
76

OPINION and ORDER. Signed by District Judge Linda V. Parker. (RLou) (Entered: 04/18/2019)

April 18, 2019

April 18, 2019

Clearinghouse
77

MOTION To Set Deadline for Motion for Interlocutory Appeal by UNITED STATES OF AMERICA. (Williams, Michael) (Entered: 05/01/2019)

May 1, 2019

May 1, 2019

PACER
78

ORDER Granting Defendant's 77 Motion to Set Deadline for Motion for Interlocutory Appeal. The deadline for the United States to file either a Motion to Certify the Court's April 18, 2019 decision for Interlocutory Appeal or its Answer is extended to June 7, 2019. Signed by District Judge Linda V. Parker. (RLou) (Entered: 05/01/2019)

May 1, 2019

May 1, 2019

PACER

Case Details

State / Territory: Michigan

Case Type(s):

Public Benefits/Government Services

Special Collection(s):

Flint Water Cases

Multi-LexSum (in sample)

Key Dates

Filing Date: April 18, 2017

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Jan Burgess is a Flint homeowner who filed on behalf of 1,703 other affected individuals under the FTCA. This case was eventually consolidated with several others and as of June 2020 represents 7,535 plaintiffs.

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

United States, Federal

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

Federal Tort Claims Act (FTCA), 28 U.S.C. § 2674

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:

Government Services