Case: Flint Water Crisis Legionella Cases

5:17-cv-12942 | U.S. District Court for the Eastern District of Michigan

Filed Date: Sept. 7, 2017

Case Ongoing

Clearinghouse coding complete

Case Summary

This entry describes Flint water crisis cases focused on Legionella claims against McLaren Hospital. To read about related Flint water crisis cases, click here. Like the umbrella litigation, Waid v. Snyder, described there, the cases covered here are in front of Judge Judith Levy. BackgroundIn 2014, in an effort to save money, the City of Flint (controlled by a state-appointed emergency manager) switched its water supply to water drawn from the Flint River, which was contaminated by Legionella …

This entry describes Flint water crisis cases focused on Legionella claims against McLaren Hospital. To read about related Flint water crisis cases, click here. Like the umbrella litigation, Waid v. Snyder, described there, the cases covered here are in front of Judge Judith Levy.

Background

In 2014, in an effort to save money, the City of Flint (controlled by a state-appointed emergency manager) switched its water supply to water drawn from the Flint River, which was contaminated by Legionella bacteria. Several patients in Flint hospitals drank the contaminated water, which exposed them to the deadly bacteria and ultimately caused their death.

The plaintiffs, surviving families of the victims, claimed that the hospitals and government officials knew as early as October 2014 and certainly by January 2015 that there was a significant increase in reported cases of fatal and life threatening non-fatal illnesses caused by the exposure to Legionella bacteria beginning in May 2014, and that the likely source of the increase in illness was the introduction of Flint River water as a drinking water source. They claimed that these government officials, the hospitals, and several engineering companies exacerbated the crisis by concealing the increased risk of exposure to the deadly Legionella bacteria and by failing to take effective remedial action to eliminate it, among other things.

Individual Cases

Marble v. Snyder, Docket No. 5:17-cv-12942

On Sept. 7, 2017, an individual plaintiff, in her capacity as an individual and as a personal representative of another individual who died at McLaren Hospital from the Legionella disease, filed a complaint against Governor Synder and other government officials, engineering companies such as Lockwood, Andrews & Newnam (LAN) and Veolia, and the McLaren Hospital in U.S. District Court for the Eastern District of Michigan. The plaintiff, represented by private counsel, alleged that the defendants violated substantive due process and the Equal Protection Clause of the Fourteenth Amendment and hindered access to judicial remedies, among other things. The plaintiff sought declaratory relief and monetary damages, and demanded jury trial.

On March 26, 2018, the plaintiff sought to incorporate by reference the complaint filed in Waid v. Snyder . The plaintiff also filed a supplementary short form complaint. No new parties were added to the complaint.

Several defendants separately filed motions to dismiss on May 30, 2018. On the same day, the City of Flint sought to dismiss the plaintiff’s short form complaint. Several other defendants also sought to dismiss the plaintiff’s long and short form complaints on July 31, and Aug. 17, 2018.

On Sept. 9, 2018, the plaintiff filed an amended short form complaint with jury demand. No parties were added to the complaint. As the motions to dismiss were filed after the plaintiff had filed an amended complaint, the court dismissed the motions to dismiss as moot on Sept. 16 2019.

Several defendants separately filed motions to dismiss the plaintiff’s amended complaint on Oct. 1, 4, and 11, 2019. On April 10, 2020, the court granted in part such motions to dismiss. The claims that remain after the dismissals are violation of bodily integrity claims against some of the government defendants and three types of punitive damages claims: 1) a claim under 42 U.S.C. § 1983 that certain government defendants violated Bertie Marble’s right to bodily integrity; 2) a claim that LAN and VNA were professionally negligent under state law; and 3) a claim that McLaren was negligent under state law. In addition, the court found that the plaintiffs’ professional negligence and negligence counts can go forward, but the request for exemplary damages was dismissed along with any claim for joint and several liability. 2020 WL 1822304

On April 23, a defendant appealed this order. This case is ongoing.

Brown v. Snyder, Docket No. 5:18-cv-10726

On March 2, 2018, an individual plaintiff, in her capacity as a personal representative of another individual who died at McLaren Hospital from the Legionella disease, filed a complaint against Governor Synder and other government officials, engineering companies such as Lockwood, Andrews & Newnam (LAN) and Veolia, Hurley Medical Center, and the McLaren Hospital in U.S. District Court for the Eastern District of Michigan. The plaintiff, represented by private counsel, alleged that the defendants violated substantive due process and the Equal Protection Clause of the Fourteenth Amendment and hindered access to judicial remedies, among other things. The plaintiff sought declaratory relief and monetary damages, and demanded jury trial.

On May 1, 2018, the plaintiff sought to incorporate by reference the complaint filed in Waid v. Snyder . The plaintiff also filed a supplementary short form complaint. No new parties were added to the complaint.

On Sept. 10 2019, the plaintiff filed an amended short form complaint with jury demand. No new parties were added to the complaint.

A defendant sought to dismiss the plaintiff’s amended complaint on Oct. 1, 2019. Several defendants separately filed motions to dismiss on Oct. 4 2019. The court granted in part and part such motions on Mar. 27 2020. The claims that remain after the dismissals are violation of bodily integrity claims against some of the government defendants and two types of punitive damages claims: 1) a claim under 42 U.S.C. § 1983 that certain Government Defendants violated Odie Brown’s right to bodily integrity and 2) a claim that LAN was professionally negligent under state law. 2020 WL 1503256

Several defendants appealed this order on April 14, 2020. This case is ongoing.

Summary Authors

Bogyung Lim (5/28/2020)

Related Cases

Waid v. Snyder (In re Flint Water Cases), Eastern District of Michigan (2016)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/6642911/parties/marble-v-snyder/


Judge(s)

Levy, Judith Ellen (Michigan)

Majzoub, Mona K. (Michigan)

Attorneys(s) for Plaintiff

Bingman, Teresa Ann Caine (Michigan)

Dawson, Donald H. Jr. (Michigan)

Fieger, Geoffrey N. (Michigan)

Goodman, William Harry (Michigan)

Goodwin, Julia Marie (Illinois)

Hurwitz, Julie H. (Michigan)

James, Kathryn Bruner (Michigan)

McGehee, Cary S. (Michigan)

Judge(s)

Levy, Judith Ellen (Michigan)

Majzoub, Mona K. (Michigan)

Attorneys(s) for Plaintiff

Bingman, Teresa Ann Caine (Michigan)

Dawson, Donald H. Jr. (Michigan)

Fieger, Geoffrey N. (Michigan)

Goodman, William Harry (Michigan)

Goodwin, Julia Marie (Illinois)

Hurwitz, Julie H. (Michigan)

James, Kathryn Bruner (Michigan)

McGehee, Cary S. (Michigan)

Rivers, Beth M. (Michigan)

Tsai, Cindy (Illinois)

Weglarz, Todd J. (Michigan)

Attorneys(s) for Defendant

Barbieri, Charles E. (Michigan)

Berg, Frederick A. (Michigan)

Berger, Jay M. (Michigan)

Bettenhausen, Margaret A. (Michigan)

Bolton, Jordan S. (Michigan)

Burdick, James W. (Michigan)

Bush, Cheryl A. (Michigan)

Campbell, James M. (Massachusetts)

Clare, Christopher B. (District of Columbia)

Collins, Allison M. (Michigan)

Devine, Alaina N. (Massachusetts)

Driker, Eugene (Michigan)

Dwyer, Lisa L. (Michigan)

Erickson, Phillip (Michigan)

Eriksson, Reed E. (Michigan)

Fajen, James A. (Michigan)

Gambill, Nathan A. (Michigan)

Gildner, Michael J. (Michigan)

Grashoff, Philip A Jr. (Michigan)

Grunert, John A.K. (Massachusetts)

Jackson, Krista A. (Michigan)

Jensen, Larry (Michigan)

Kamenec, Robert G. (Michigan)

Kim, William Young (Michigan)

Klein, Sheldon H. (Michigan)

Klein [inactive], Sheldon H (Michigan)

Kuhl, Richard S. (Michigan)

Larsen, Zachary C. (Michigan)

MacDonald, J. Brian (Michigan)

Mateo, T. Santino (Michigan)

Meihn, Gregory M. (Michigan)

Mendel, Todd R. (Michigan)

Morgan, Thaddeus E. (Michigan)

Pattwell, Michael J. (Michigan)

Perkins, Todd Russell (Michigan)

Perry, Michael H. (Michigan)

Rabin, Jonathon A. (Michigan)

Rusek, Alexander S. (Michigan)

Smith, Susan Elizabeth (Maryland)

Williams, Michael R. (Michigan)

Wise, Matthew (Michigan)

Witus, Morley (Michigan)

Wolf, Barry A. (Michigan)

Documents in the Clearinghouse

Document

18-cv-10726

Docket [PACER]

Brown v. Snyder

May 20, 2020

May 20, 2020

Docket

5:17-cv-12942

Docket [PACER]

Marble v. Snyder

May 29, 2020

May 29, 2020

Docket
1

5:17-cv-12942

Complaint for Declaratory Relief, Money Damages, and Jury Demand

Marble v. Snyder

Sept. 7, 2017

Sept. 7, 2017

Complaint
1

18-cv-10726

Complaint for Declaratory Relief, Money Damages, and Jury Demand

Brown v. Snyder

March 2, 2018

March 2, 2018

Complaint
143

5:17-cv-12942

Plaintiffs' Amended Short Form Complaint and Jury Demand

In re Flint Water Cases

Sept. 9, 2019

Sept. 9, 2019

Complaint
73

18-cv-10726

5:16-cv-10444

Plaintiff's Amended Short Form Complaint and Jury Demand

In re Flint Water Cases / Brown v. Snyder

Sept. 10, 2019

Sept. 10, 2019

Complaint
145

5:17-cv-12942

Order Denying Defendants' Motions to Dismiss as Moot [61, 62, 65, 67, 69, 70, 72, 74, 98, 102]

In re Flint Water Cases

Sept. 16, 2019

Sept. 16, 2019

Order/Opinion
136

18-cv-10726

Opinion and Order Granting in Part and Denying in Part Defendants' Motions to Dismiss Plaintiff's Short-form Complaint

In re Flint Water Cases / Brown v. Snyder

2020 WL 1503256

March 27, 2020

March 27, 2020

Order/Opinion
204

5:17-cv-12942

Amended Opinion and Order Granting in Part and Denying in Part Defendants' Motions to Dismiss Plaintiffs' Short-Form Complaint

In re Flint Water Cases

453 F.Supp.3d 970, 2020 WL 1822304

April 10, 2020

April 10, 2020

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/6642911/marble-v-snyder/

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

ECF Number Description Date Link Date / Link
1

COMPLAINT FOR DECLARATORY RELIEF, MONEY DAMAGES, AND JURY DEMAND filed by All Plaintiffs against All Defendants with Jury Demand. Plaintiff requests summons issued. Receipt No: 0645-6387270 - Fee: $ 400. County of 1st Plaintiff: Genesee - County Where Action Arose: Genesee - County of 1st Defendant: Ingham. [Previously dismissed case: No] [Possible companion case(s): U.S District Court Eastern District of Michigan, 5:16-cv-10444 JEL-MKM, Judge Levy] (Goodman, William) (Entered: 09/07/2017)

Sept. 7, 2017

Sept. 7, 2017

RECAP

Addition of Parties to CM/ECF: Plaintiff Lashema Indiv and as Pe Marble. Reason: The party was not added to CM/ECF when e-filing 1 Complaint,, (Goodman, William)

Sept. 8, 2017

Sept. 8, 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 (LGra)

Sept. 8, 2017

Sept. 8, 2017

PACER

NOTICE of Error Directed to: William Goodman re 1 Complaint,,. Parties listed on the initiating document were omitted. The filing attorney must use the docket event Addition of Parties to correct the error. [No Image Associated with this docket entry] (LGra)

Sept. 8, 2017

Sept. 8, 2017

PACER
3

NOTICE of Appearance by Cary S. McGehee on behalf of All Plaintiffs. (McGehee, Cary) (Entered: 09/11/2017)

Sept. 11, 2017

Sept. 11, 2017

PACER
2

NOTICE of Appearance by Beth M. Rivers on behalf of All Plaintiffs. (Rivers, Beth) (Entered: 09/11/2017)

Sept. 11, 2017

Sept. 11, 2017

PACER

Addition of Parties to CM/ECF: Plaintiffs Roy Marble, Jeron Marble, Theresa Marble, Lashema Individually Marble. Reason: Parties were omitted and incorrectly added to CM/ECF (Goodman, William)

Sept. 14, 2017

Sept. 14, 2017

PACER
4

SUMMONS Issued for * All Defendants * (SSch) (Entered: 09/14/2017)

Sept. 14, 2017

Sept. 14, 2017

PACER

NOTICE of Error directed to: William H. Goodman. Parties listed on the initiating document were omitted. The filing attorney must use the docket event Addition of Parties to correct the error. [No Image Associated with this docket entry] (SSch)

Sept. 14, 2017

Sept. 14, 2017

PACER
5

ATTORNEY APPEARANCE: Michael J. Gildner appearing on behalf of Edward Kurtz (Gildner, Michael) (Entered: 09/19/2017)

Sept. 19, 2017

Sept. 19, 2017

PACER
6

NOTICE of Appearance by Philip A. Erickson on behalf of Leo A. Daly Company, Lockwood Andrews & Newnam Inc., Lockwood Andrews & Newnam, P.C.. (Erickson, Philip) (Entered: 09/26/2017)

Sept. 26, 2017

Sept. 26, 2017

PACER
7

NOTICE of Appearance by Christopher B. Clare on behalf of Bradley Wurfel, Daniel Wyant. (Clare, Christopher) (Entered: 09/28/2017)

Sept. 28, 2017

Sept. 28, 2017

PACER
8

NOTICE of Appearance by David C. Kent on behalf of Leo A. Daly Company, Lockwood Andrews & Newnam Inc., Lockwood Andrews & Newnam, P.C.. (Kent, David) (Entered: 10/03/2017)

Oct. 3, 2017

Oct. 3, 2017

PACER
9

NOTICE of Appearance by Michael J. Pattwell on behalf of Bradley Wurfel, Daniel Wyant., NOTICE of Change of Address/Contact Information by Michael J. Pattwell on behalf of Bradley Wurfel, Daniel Wyant. (Pattwell, Michael) (Entered: 10/12/2017)

Oct. 12, 2017

Oct. 12, 2017

PACER
10

ORDER REASSIGNING CASE from District Judge Arthur J. Tarnow and Magistrate Judge Anthony P. Patti in Detroit to District Judge Judith E. Levy and Magistrate Judge Mona K. Majzoub in Ann Arbor. (SSch) (Entered: 10/25/2017)

Oct. 25, 2017

Oct. 25, 2017

PACER
11

NOTICE of Appearance by J. Brian MacDonald on behalf of McLaren Regional Medical Center. (MacDonald, J.) (Entered: 10/31/2017)

Oct. 31, 2017

Oct. 31, 2017

PACER
12

STIPULATION Regarding Jurisdictional Discovery of the Leo A. Daly Company by Leo A. Daly Company (Erickson, Philip) (Entered: 11/01/2017)

Nov. 1, 2017

Nov. 1, 2017

PACER
17

NOTICE by Andy Dillon, Nick Lyon, Rick Snyder, Eden Wells of Screening Device (Kuhl, Richard) (Entered: 11/02/2017)

Nov. 2, 2017

Nov. 2, 2017

PACER
16

NOTICE of Appearance by Richard S. Kuhl on behalf of Andy Dillon, Nick Lyon, Rick Snyder, Eden Wells. (Kuhl, Richard) (Entered: 11/02/2017)

Nov. 2, 2017

Nov. 2, 2017

PACER
15

NOTICE of Appearance by Zachary C. Larsen on behalf of Andy Dillon, Nick Lyon, Rick Snyder, Eden Wells. (Larsen, Zachary) (Entered: 11/02/2017)

Nov. 2, 2017

Nov. 2, 2017

PACER
14

NOTICE of Appearance by Nathan A. Gambill on behalf of Andy Dillon, Nick Lyon, Rick Snyder, Eden Wells. (Gambill, Nathan) (Entered: 11/02/2017)

Nov. 2, 2017

Nov. 2, 2017

PACER
13

NOTICE of Appearance by Margaret A. Bettenhausen on behalf of Andy Dillon, Nick Lyon, Rick Snyder, Eden Wells. (Bettenhausen, Margaret) (Entered: 11/02/2017)

Nov. 2, 2017

Nov. 2, 2017

PACER

TEXT-ONLY ORDER Granting 12 Stipulation. Signed by District Judge Judith E. Levy. (SBur)

Nov. 2, 2017

Nov. 2, 2017

PACER
19

AGENDA for November 15, 2017 Status Conference. Signed by District Judge Judith E. Levy. (SBur) (Entered: 11/09/2017)

Nov. 9, 2017

Nov. 9, 2017

PACER
18

ORDER Regarding Issues Discussed at the October 25, 2017 Status Conference - (In-Person Status Conference set for 11/15/2017 at 10:00 AM before District Judge Judith E. Levy) - in Courtroom 1 - Signed by District Judge Judith E. Levy. (SBur) (Entered: 11/09/2017)

Nov. 9, 2017

Nov. 9, 2017

PACER
29

WAIVER OF SERVICE Returned Executed. McLaren Regional Medical Center waiver sent on 10/30/2017, answer due 12/29/2017. (Goodman, William) (Entered: 11/13/2017)

Nov. 13, 2017

Nov. 13, 2017

PACER
28

WAIVER OF SERVICE Returned Executed. Andy Dillon waiver sent on 10/31/2017, answer due 1/2/2018. (Goodman, William) (Entered: 11/13/2017)

Nov. 13, 2017

Nov. 13, 2017

PACER
27

WAIVER OF SERVICE Returned Executed. Eden Wells waiver sent on 10/31/2017, answer due 1/2/2018. (Goodman, William) (Entered: 11/13/2017)

Nov. 13, 2017

Nov. 13, 2017

PACER
26

WAIVER OF SERVICE Returned Executed. Nick Lyon waiver sent on 10/31/2017, answer due 1/2/2018. (Goodman, William) (Entered: 11/13/2017)

Nov. 13, 2017

Nov. 13, 2017

PACER
25

WAIVER OF SERVICE Returned Executed. Rick Snyder waiver sent on 10/31/2017, answer due 1/2/2018. (Goodman, William) (Entered: 11/13/2017)

Nov. 13, 2017

Nov. 13, 2017

PACER
24

ATTORNEY APPEARANCE: Megan R. Mulder appearing on behalf of McLaren Regional Medical Center (Mulder, Megan) (Entered: 11/13/2017)

Nov. 13, 2017

Nov. 13, 2017

PACER
23

ATTORNEY APPEARANCE: J. Brian MacDonald appearing on behalf of McLaren Regional Medical Center Megan R. Mulder (MacDonald, J.) (Entered: 11/13/2017)

Nov. 13, 2017

Nov. 13, 2017

PACER
22

NOTICE of Appearance by J. Brian MacDonald on behalf of McLaren Regional Medical Center. (MacDonald, J.) (Entered: 11/13/2017)

Nov. 13, 2017

Nov. 13, 2017

PACER
21

ATTORNEY APPEARANCE: Kathryn Bruner James appearing on behalf of All Plaintiffs (James, Kathryn) (Entered: 11/13/2017)

Nov. 13, 2017

Nov. 13, 2017

PACER
20

ATTORNEY APPEARANCE: Julie H. Hurwitz appearing on behalf of All Plaintiffs (Hurwitz, Julie) (Entered: 11/13/2017)

Nov. 13, 2017

Nov. 13, 2017

PACER

TEXT-ONLY ORDER Granting 30 Stipulation. Signed by District Judge Judith E. Levy. (SBur)

Nov. 14, 2017

Nov. 14, 2017

PACER
30

STIPULATION re 1 Complaint,, to Establish Deadline by Andy Dillon, Nick Lyon, Rick Snyder, Eden Wells (Bettenhausen, Margaret) (Entered: 11/14/2017)

Nov. 14, 2017

Nov. 14, 2017

PACER

Minute Entry for proceedings before District Judge Judith E. Levy: Status Conference held on 11/15/2017. (Court Reporter: Jeseca Eddington) (SBur)

Nov. 15, 2017

Nov. 15, 2017

PACER
31

ORDER Regarding Issues Discussed at the November 15, 2017 Status Conference - (In-Person Status Conference set for 1/4/2018 at 2:00 PM before District Judge Judith E. Levy) - in Courtroom 1 - Signed by District Judge Judith E. Levy. (SBur) (Entered: 11/17/2017)

Nov. 17, 2017

Nov. 17, 2017

PACER
38

STIPULATION to Establish Deadline by McLaren Regional Medical Center (MacDonald, J.) (Entered: 11/21/2017)

Nov. 21, 2017

Nov. 21, 2017

PACER
37

NOTICE of Appearance by Michael R. Williams on behalf of Veolia North America, Inc., Veolia North America, LLC, Veolia North America Operating Services, LLC. (Williams, Michael) (Entered: 11/21/2017)

Nov. 21, 2017

Nov. 21, 2017

PACER
36

NOTICE of Appearance by Cheryl A. Bush on behalf of Veolia North America, Inc., Veolia North America, LLC, Veolia North America Operating Services, LLC. (Bush, Cheryl) (Entered: 11/21/2017)

Nov. 21, 2017

Nov. 21, 2017

PACER
35

WAIVER OF SERVICE Returned Executed. Veolia North America, Inc. waiver sent on 11/15/2017, answer due 1/16/2018. (Goodman, William) (Entered: 11/21/2017)

Nov. 21, 2017

Nov. 21, 2017

PACER
34

WAIVER OF SERVICE Returned Executed. Veolia North America, LLC waiver sent on 11/15/2017, answer due 1/16/2018. (Goodman, William) (Entered: 11/21/2017)

Nov. 21, 2017

Nov. 21, 2017

PACER
33

WAIVER OF SERVICE Returned Executed. Veolia North America Operating Services, LLC waiver sent on 11/15/2017, answer due 1/16/2018. (Goodman, William) (Entered: 11/21/2017)

Nov. 21, 2017

Nov. 21, 2017

PACER
32

NOTICE of Appearance by Teresa Ann Caine Bingman on behalf of All Plaintiffs. (Bingman, Teresa) (Entered: 11/21/2017)

Nov. 21, 2017

Nov. 21, 2017

PACER

TEXT-ONLY ORDER Granting 38 Stipulation. Signed by District Judge Judith E. Levy. (SBur)

Nov. 22, 2017

Nov. 22, 2017

PACER
40

NOTICE of Appearance by James M. Campbell on behalf of Veolia North America, Inc., Veolia North America, LLC, Veolia North America Operating Services, LLC. (Campbell, James) (Entered: 11/22/2017)

Nov. 22, 2017

Nov. 22, 2017

PACER
39

NOTICE of Appearance by John A.K. Grunert on behalf of Veolia North America, Inc., Veolia North America, LLC, Veolia North America Operating Services, LLC. (Grunert, John) (Entered: 11/22/2017)

Nov. 22, 2017

Nov. 22, 2017

PACER

Set Deadlines/Hearings: In-Person Status Conference reset for 1/11/2018 at 11:00 AM before District Judge Judith E. Levy. (SBur)

Dec. 7, 2017

Dec. 7, 2017

PACER
41

AGENDA for January 11, 2018 Status Conference. Signed by District Judge Judith E. Levy. (SBur) (Entered: 12/27/2017)

Dec. 27, 2017

Dec. 27, 2017

PACER
42

[STRICKEN] MOTION to Dismiss by McLaren Regional Medical Center. (MacDonald, J.) Modified on 4/13/2018 (SBur). (Entered: 01/08/2018)

Jan. 8, 2018

Jan. 8, 2018

PACER
43

NOTICE of Intent to Appoint Senator Carl Levin and Former Wayne County Chief Judge Pro Tem Pamela Harwood as Facilitative Mediators Pursuant to E.D. Mich Local R. 16.4 - Entered by District Judge Judith E. Levy. (SBur) (Entered: 01/09/2018)

Jan. 9, 2018

Jan. 9, 2018

PACER
44

CORRECTED NOTICE of Intent to Appoint Senator Carl Levin and Former Wayne County Chief Judge Pro Tem Pamela Harwood as Facilitative Mediators Pursuant to E.D. Mich Local R. 16.4 - Signed by District Judge Judith E. Levy. (SBur) (Entered: 01/10/2018)

Jan. 10, 2018

Jan. 10, 2018

PACER

Minute Entry for proceedings before District Judge Judith E. Levy: Status Conference held on 1/11/2018. (Court Reporter: Jeseca Eddington) (SBur)

Jan. 11, 2018

Jan. 11, 2018

PACER
45

ORDER Regarding Matters Discussed at the January 11, 2018 Status Conference - (In-Person Status Conference set for 2/20/2018 at 11:00 AM before District Judge Judith E. Levy) - in Courtroom 1 - Signed by District Judge Judith E. Levy. (SBur) (Entered: 01/12/2018)

Jan. 12, 2018

Jan. 12, 2018

PACER

Minute Entry for proceedings before District Judge Judith E. Levy: Status Conference held on 2/20/2018. (Court Reporter: Jeseca Eddington) (SBur)

Feb. 20, 2018

Feb. 20, 2018

PACER
46

NOTICE TO APPEAR: In-Person Status Conference set for 4/5/2018 at 11:00 AM before District Judge Judith E. Levy - in Courtroom 1. (SBur) (Entered: 02/22/2018)

Feb. 22, 2018

Feb. 22, 2018

PACER

Set Deadlines/Hearings: In-Person Status Conference set for 4/16/2018 at 2:00 PM before District Judge Judith E. Levy. (SBur)

Feb. 27, 2018

Feb. 27, 2018

PACER
47

ORDER Regarding Adoption of Short-Form Complaint and Dispositive Motion Briefing. Signed by District Judge Judith E. Levy. (SBur) (Entered: 03/02/2018)

March 2, 2018

March 2, 2018

PACER
48

AMENDED COMPLAINT MASTER SHORT-FORM COMPLAINT filed by All Plaintiffs against All Defendants. NO NEW PARTIES ADDED. (McGehee, Cary) (Entered: 03/26/2018)

March 26, 2018

March 26, 2018

PACER
49

NOTICE of Appearance by James W. Burdick on behalf of Adam Rosenthal. (Burdick, James) (Entered: 04/03/2018)

April 3, 2018

April 3, 2018

PACER
51

ATTORNEY APPEARANCE: Susan Elizabeth Smith appearing on behalf of McLaren Regional Medical Center (Smith, Susan) (Entered: 04/04/2018)

April 4, 2018

April 4, 2018

PACER
50

[STRICKEN] ATTORNEY SUBSTITUTION for Adam Rosenthal: Lisa L. Dwyer added. (Dwyer, Lisa) Modified on 4/6/2018 (SBur). (Entered: 04/04/2018)

April 4, 2018

April 4, 2018

PACER

TEXT-ONLY ORDER Striking 50 Attorney Substitution as Improvidently Filed. Entered by District Judge Judith E. Levy. (SBur)

April 6, 2018

April 6, 2018

PACER
52

NOTICE of Appearance by Lisa L. Dwyer on behalf of Adam Rosenthal. (Dwyer, Lisa) (Entered: 04/06/2018)

April 6, 2018

April 6, 2018

PACER

TEXT-ONLY ORDER Striking 42 MOTION to Dismiss. Signed by District Judge Judith E. Levy. (SBur)

April 13, 2018

April 13, 2018

PACER
53

NOTICE by Andy Dillon, Nick Lyon, Rick Snyder, Eden Wells of Proposed Dispositive Motion Briefing Schedule (Larsen, Zachary) (Entered: 04/13/2018)

April 13, 2018

April 13, 2018

PACER

Minute Entry for proceedings before District Judge Judith E. Levy: Status Conference held on 4/16/2018. (Court Reporter: Jeseca Eddington) (SBur)

April 16, 2018

April 16, 2018

PACER
54

NOTICE TO APPEAR: In-Person Status Conference set for 6/18/2018 at 2:00 PM before District Judge Judith E. Levy - in Courtroom 1. (SBur) (Entered: 04/17/2018)

April 17, 2018

April 17, 2018

PACER
56

ORDER Striking McLaren Regional Medical Center's Motion to Dismiss (Case No. 16-10444, Dkt. 448), Setting Briefing Schedule, and Instructing McLaren to Refile the Motion on the Proper Docket. Signed by District Judge Judith E. Levy. (SBur) (Entered: 04/18/2018)

April 18, 2018

April 18, 2018

PACER
55

NOTICE of Appearance by Thaddeus E. Morgan on behalf of Liane shekter-smith. (Morgan, Thaddeus) (Entered: 04/18/2018)

April 18, 2018

April 18, 2018

PACER
57

NOTICE of Appearance by William Young Kim on behalf of City of Flint, Dayne Walling. (Kim, William) (Entered: 04/24/2018)

April 24, 2018

April 24, 2018

PACER
58

NOTICE of Change of Address/Contact Information by Susan Elizabeth Smith on behalf of McLaren Regional Medical Center. (Smith, Susan) (Entered: 05/13/2018)

May 13, 2018

May 13, 2018

PACER

TEXT-ONLY ORDER Granting 59 MOTION for Leave to File Excess Pages. Signed by District Judge Judith E. Levy. (SBur)

May 25, 2018

May 25, 2018

PACER
59

MOTION for Leave to File Excess Pages by McLaren Regional Medical Center. (Smith, Susan) (Entered: 05/25/2018)

May 25, 2018

May 25, 2018

PACER
74

MOTION to Dismiss by Bradley Wurfel. (Attachments: # 1 Index of Exhibits, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C) (Pattwell, Michael) (Entered: 05/30/2018)

May 30, 2018

May 30, 2018

PACER
73

Ex Parte MOTION for Leave to File Excess Pages by Bradley Wurfel. (Pattwell, Michael) (Entered: 05/30/2018)

May 30, 2018

May 30, 2018

PACER
72

MOTION to Dismiss by Daniel Wyant. (Attachments: # 1 Index of Exhibits, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C) (Pattwell, Michael) (Entered: 05/30/2018)

May 30, 2018

May 30, 2018

PACER
71

Ex Parte MOTION for Leave to File Excess Pages by Daniel Wyant. (Pattwell, Michael) (Entered: 05/30/2018)

May 30, 2018

May 30, 2018

PACER
70

MOTION to Dismiss Pursuant to Federal Rules of Civil Procedure 12(b)(1) and (b)(6) by Andy Dillon, Nick Lyon, Rick Snyder, Eden Wells. (Attachments: # 1 Index of Exhibits, # 2 Exhibit 1 - March 2016 Flint Water Advisory Task Force Final Report, # 3 Exhibit 2 - 2011 LAN Report, # 4 Exhibit 3 - June 26, 2013 Flint Resolution, # 5 Exhibit 4 - November 10, 1966 Genesee County Resolution, # 6 Exhibit 5 - TYJT February 2013 Report, # 7 Exhibit 6 - November 3, 2015 EPA memorandum regarding LCR requirements for optimal corrosion control, # 8 Exhibit 7 - Gomez, Journal of Pediatrics, Blood Lead Levels of Children of Flint, Michigan: 2006-2016, # 9 Exhibit 8 - Hurley Medical Center Announcement Re: BLLs and Lead Poisoning, # 10 Exhibit 9 - MDHHS Legionella Presentation, # 11 Exhibit 10 - ETC Letter, # 12 Exhibit 11 - Oswald Declaration, # 13 Exhibit 12 - Masten Report, # 14 Exhibit 13 - Graphic of Lead Levels, # 15 Exhibit 14 - February 16, 2018 MDEQ letter to Flint, # 16 Exhibit 15 - Wells Biography) (Larsen, Zachary) (Entered: 05/30/2018)

1 Index of Exhibits

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2 Exhibit 1 - March 2016 Flint Water Advisory Task Force Final Report

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3 Exhibit 2 - 2011 LAN Report

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4 Exhibit 3 - June 26, 2013 Flint Resolution

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5 Exhibit 4 - November 10, 1966 Genesee County Resolution

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6 Exhibit 5 - TYJT February 2013 Report

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7 Exhibit 6 - November 3, 2015 EPA memorandum regarding LCR requirements for optim

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8 Exhibit 7 - Gomez, Journal of Pediatrics, Blood Lead Levels of Children of Flint

View on PACER

9 Exhibit 8 - Hurley Medical Center Announcement Re: BLLs and Lead Poisoning

View on PACER

10 Exhibit 9 - MDHHS Legionella Presentation

View on RECAP

11 Exhibit 10 - ETC Letter

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12 Exhibit 11 - Oswald Declaration

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13 Exhibit 12 - Masten Report

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14 Exhibit 13 - Graphic of Lead Levels

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15 Exhibit 14 - February 16, 2018 MDEQ letter to Flint

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16 Exhibit 15 - Wells Biography

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May 30, 2018

May 30, 2018

RECAP
69

MOTION Dismissal by McLaren Regional Medical Center. (Smith, Susan) (Entered: 05/30/2018)

May 30, 2018

May 30, 2018

PACER

TEXT-ONLY ORDER Granting 66 MOTION for Leave to File Excess Pages. Signed by District Judge Judith E. Levy. (SBur)

May 30, 2018

May 30, 2018

PACER
68

ATTORNEY APPEARANCE: Barry A. Wolf appearing on behalf of Gerald Ambrose (Wolf, Barry) (Entered: 05/30/2018)

May 30, 2018

May 30, 2018

PACER
67

MOTION to Dismiss Plaintiff's Complaint for Lack of Personal Jurisdiction by Leo A. Daly Company. (Attachments: # 1 Index of Exhibits, # 2 Exhibit A - Leo A Daly Company Motion to Dismiss in Carthan, # 3 Exhibit B - LAD Reply in Motion to Dismiss in Carthan) (Kamenec, Robert) (Entered: 05/30/2018)

May 30, 2018

May 30, 2018

PACER
66

MOTION for Leave to File Excess Pages by Andy Dillon, Nick Lyon, Rick Snyder, Eden Wells. (Larsen, Zachary) (Entered: 05/30/2018)

May 30, 2018

May 30, 2018

PACER
65

MOTION to Dismiss Marble Plaintiffs' Short-Form Complaint re 48 Amended Complaint by City of Flint. (Klein, Sheldon) (Entered: 05/30/2018)

May 30, 2018

May 30, 2018

PACER
64

NOTICE of Appearance by Sheldon H. Klein on behalf of City of Flint. (Klein, Sheldon) (Entered: 05/30/2018)

May 30, 2018

May 30, 2018

PACER
63

NOTICE of Appearance by Frederick A. Berg on behalf of City of Flint. (Berg, Frederick) (Entered: 05/30/2018)

May 30, 2018

May 30, 2018

PACER
62

MOTION to Dismiss by Veolia North America, Inc., Veolia North America, LLC, Veolia North America Operating Services, LLC. (Williams, Michael) (Entered: 05/30/2018)

May 30, 2018

May 30, 2018

PACER
61

MOTION to Dismiss, Brief in Support and Certificate of Service by Lockwood Andrews & Newnam Inc.. (Attachments: # 1 Exhibit A - Unpublished Case Law) (Kamenec, Robert) (Entered: 05/30/2018)

May 30, 2018

May 30, 2018

PACER
60

ATTORNEY APPEARANCE: Robert G. Kamenec appearing on behalf of Leo A. Daly Company, Lockwood Andrews & Newnam Inc., Lockwood Andrews & Newnam, P.C. (Kamenec, Robert) (Entered: 05/30/2018)

May 30, 2018

May 30, 2018

PACER

TEXT-ONLY ORDER Granting 71 Ex Parte MOTION for Leave to File Excess Pages and 73 Ex Parte MOTION for Leave to File Excess Pages. Signed by District Judge Judith E. Levy. (SBur)

May 31, 2018

May 31, 2018

PACER

Minute Entry for proceedings before District Judge Judith E. Levy: Status Conference held on 6/18/2018. (Court Reporter: Jeseca Eddington) (SBur)

June 18, 2018

June 18, 2018

PACER
76

NOTICE TO APPEAR: In-Person Status Conference set for 9/12/2018 at 2:00 PM before District Judge Judith E. Levy - in Courtroom 1. (SBur) (Entered: 06/19/2018)

June 19, 2018

June 19, 2018

PACER
75

NOTICE OF HEARING on 74 MOTION to Dismiss, 67 MOTION to Dismiss, 61 MOTION to Dismiss, 70 MOTION to Dismiss, 69 MOTION to Dismiss, 65 MOTION to Dismiss, 72 MOTION to Dismiss, 62 MOTION to Dismiss. Motion Hearing set for 10/30/2018 at 10:00 AM before District Judge Judith E. Levy. (SBur) (Entered: 06/19/2018)

June 19, 2018

June 19, 2018

PACER
78

STIPULATED ORDER Extending Time for filing Plaintiffs' Response to Defendants' Motion to Dismiss. (Response due by 7/27/2018) Signed by District Judge Judith E. Levy. (SBur) (Entered: 06/25/2018)

June 25, 2018

June 25, 2018

PACER
77

STIPULATED ORDER Extending Summonses. Signed by District Judge Judith E. Levy. (SBur) (Entered: 06/25/2018)

June 25, 2018

June 25, 2018

PACER

TEXT-ONLY ORDER Granting 81 Stipulation. Signed by District Judge Judith E. Levy. (SBur)

July 6, 2018

July 6, 2018

PACER
81

STIPULATION Acceptance of Service and Stipulation Regarding Briefing Schedule for Motion to Dismiss by Stephen Busch, Patrick Cook, Michael Prysby, Liane shekter-smith (Grashoff, Philip) (Entered: 07/06/2018)

July 6, 2018

July 6, 2018

PACER

Case Details

State / Territory: Michigan

Case Type(s):

Public Benefits/Government Services

Special Collection(s):

Flint Water Cases

Key Dates

Filing Date: Sept. 7, 2017

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Families of individuals who died from the legionella disease as a result of the Flint water crisis and resulting water contamination.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

City of Flint (Genesee), City

Governor Richard D. Snyder (Lansing, Eaton), State

McLaren Hospital (Genesee), Private Entity/Person

Hurley Medical Center (Genesee), Private Entity/Person

Lockwood Andrews & Newnam, P.C, Private Entity/Person

Veolia North America, LLC, Private Entity/Person

Defendant Type(s):

Hospital/Health Department

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Due Process

Due Process: Procedural Due Process

Due Process: Substantive Due Process

Equal Protection

Availably Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

None yet

Source of Relief:

None yet