Case: Mason v. Lockwood

5:16-cv-10663 | U.S. District Court for the Eastern District of Michigan

Filed Date: Feb. 18, 2016

Case Ongoing

Clearinghouse coding complete

Case Summary

On February 18, 2016, a group of Flint, Michigan residents filed this class action lawsuit in the Michigan Circuit Court for the County of Genesee. The plaintiffs sued Lockwood, Andrews & Newnam, P.C. and a related corporate entity under state law. Represented by private counsel, the plaintiffs alleged that Lockwood, a company that helped Flint switch its water source from Lake Huron to the Flint River, negligently caused Flint residents to be supplied with water contaminated by lead and other …

On February 18, 2016, a group of Flint, Michigan residents filed this class action lawsuit in the Michigan Circuit Court for the County of Genesee. The plaintiffs sued Lockwood, Andrews & Newnam, P.C. and a related corporate entity under state law. Represented by private counsel, the plaintiffs alleged that Lockwood, a company that helped Flint switch its water source from Lake Huron to the Flint River, negligently caused Flint residents to be supplied with water contaminated by lead and other biological and chemical agents and failed to warn residents about the health risks. The plaintiffs claimed that they sustained serious bodily injury, property damage, depreciation of property value, and emotional harm and resulting stress-related physical symptoms as a result. The plaintiffs sought compensatory damages and attorney’s fees.

The defendants removed the case to the U.S. District Court for the Eastern District of Michigan on February 23, 2016, which the plaintiffs opposed.

On May 11, 2016, the district court (Judge John Corbett O’Meara) remanded the case to state court. In Judge O’Meara’s view, the dispute was “a truly local controversy” ill-suited to a federal forum. Judge O’Meara noted that the plaintiffs’ negligence claims did not involve a substantial federal question and that the Class Action Fairness Act (CAFA) could not support federal jurisdiction because CAFA’s local controversy exception applied: there was a significant local defendant, more than two-thirds of the proposed class were Michiganders, the injuries happened in Michigan, and there was no similar class action against any of the defendants.

The defendants appealed. On November 16, 2016, the Sixth Circuit Court of Appeals upheld the district court’s decision. Judge Richard A. Griffin (joined by Judge Bernice B. Donald) wrote that the case “exemplifies the quintessential local controversy” and found that CAFA’s local controversy exception applied. Judge Raymond M. Kethledge dissented, arguing that the plaintiffs failed to adduce sufficient proof that at least two-thirds of the members of the putative class were Michiganders or that the conduct of a Michigan defendant formed a significant basis for the claim.

The case is now ongoing in Michigan state court. As of November 19, 2019, the parties are engaged in discovery.

Summary Authors

Peter Harding (10/18/2019)

Nora Baty (11/20/2019)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/13292696/parties/mason-v-lockwood-andrews-newnam-pc/


Judge(s)

Donald, Bernice Bouie (Tennessee)

Griffin, Richard Allen (Michigan)

Kethledge, Raymond M. (Michigan)

O'Meara, John Corbett (Michigan)

Attorneys(s) for Plaintiff

Blake, Jayson E. (Michigan)

McAlpine, Mark L. (Michigan)

Peters, John T. (Michigan)

Schnatz, Adam T. (Michigan)

Shea, David J. (Michigan)

Attorneys(s) for Defendant

Erickson, Phillip (Michigan)

Judge(s)

Donald, Bernice Bouie (Tennessee)

Griffin, Richard Allen (Michigan)

Kethledge, Raymond M. (Michigan)

O'Meara, John Corbett (Michigan)

Attorneys(s) for Plaintiff

Blake, Jayson E. (Michigan)

McAlpine, Mark L. (Michigan)

Peters, John T. (Michigan)

Schnatz, Adam T. (Michigan)

Shea, David J. (Michigan)

Attorneys(s) for Defendant

Erickson, Phillip (Michigan)

Kamenec, Robert G. (Michigan)

Kent, David C. (Texas)

Documents in the Clearinghouse

Document

5:16-cv-10663

Docket [PACER]

Mason v. Lockwood, Andrews & Newnam, P.C.

June 16, 2017

June 16, 2017

Docket
1-1

5:16-cv-10663

Complaint and First Amended Complaint

Mason v. Lockwood, Andrews & Newnam, P.C.

Feb. 23, 2016

Feb. 23, 2016

Complaint
23

5:16-cv-10663

Opinion and Order Granting Plaintiffs' Motion to Remand

Mason v. Lockwood, Andrews & Newnam, P.C.

2016 WL 7975280

May 11, 2016

May 11, 2016

Order/Opinion
24

5:16-cv-10663

16-02313

Opinion

Mason v. Lockwood, Andrews & Newnam, P.C.

U. S. Court of Appeals for the Sixth Circuit

842 F.3d 383

Nov. 16, 2016

Nov. 16, 2016

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/13292696/mason-v-lockwood-andrews-newnam-pc/

Last updated Aug. 4, 2022, 3:22 a.m.

ECF Number Description Date Link Date / Link
1

NOTICE OF REMOVAL by Lockwood, Andrews & Newnam, Inc. from Genesee, case number 16-106150-NM. Receipt No: 0645-5568755 - Fee: $ 400 [Previously dismissed case: No] [Possible companion case(s): None] (Attachments: # 1 Exhibit A - Summons; Complaint; First Amended Complaint) (Kamenec, Robert) (Entered: 02/23/2016)

1 Exhibit A - Summons; Complaint; First Amended Complaint

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Feb. 23, 2016

Feb. 23, 2016

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 (DWor)

Feb. 24, 2016

Feb. 24, 2016

PACER
2

NOTICE of Appearance by Mark L. McAlpine on behalf of All Plaintiffs. (McAlpine, Mark) (Entered: 03/01/2016)

March 1, 2016

March 1, 2016

PACER
3

NOTICE of Appearance by Adam T. Schnatz on behalf of All Plaintiffs. (Schnatz, Adam) (Entered: 03/01/2016)

March 1, 2016

March 1, 2016

PACER
4

MOTION for More Definite Statement by Lockwood, Andrews & Newnam, Inc., Lockwood, Andrews & Newnam, P.C.. (Attachments: # 1 Exhibit A. Unpublished Cases) (Kamenec, Robert) (Entered: 03/01/2016)

1 Exhibit A. Unpublished Cases

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March 1, 2016

March 1, 2016

PACER
5

NOTICE of Appearance by Philip A. Erickson on behalf of Lockwood, Andrews & Newnam, Inc., Lockwood, Andrews & Newnam, P.C.. (Erickson, Philip) (Entered: 03/07/2016)

March 7, 2016

March 7, 2016

PACER
6

ORDER REASSIGNING CASE from District Judge Marianne O. Battani and Magistrate Judge Elizabeth A. Stafford in Detroit to District Judge John Corbett O'Meara and Magistrate Judge Mona K. Majzoub in Ann Arbor. (SSch) (Entered: 03/07/2016)

March 7, 2016

March 7, 2016

PACER
7

RESPONSE to 4 MOTION for More Definite Statement filed by All Plaintiffs. (Attachments: # 1 Exhibit 1 - FAC, # 2 Exhibit 2- LAN Statement, # 3 Exhibit 3- Unpublished Case Law) (McAlpine, Mark) (Entered: 03/18/2016)

1 Exhibit 1 - FAC

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2 Exhibit 2- LAN Statement

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3 Exhibit 3- Unpublished Case Law

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March 18, 2016

March 18, 2016

PACER
8

RESPONSE to 4 MOTION for More Definite Statement Corrected Version filed by All Plaintiffs. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3) (McAlpine, Mark) (Entered: 03/18/2016)

1 Exhibit 1

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2 Exhibit 2

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3 Exhibit 3

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March 18, 2016

March 18, 2016

PACER
9

MOTION to Dismiss by Leo A. Daly Company. (Attachments: # 1 Index of Exhibits, # 2 Exhibit A - Unpublished Cases, # 3 Exhibit B - Affidavit of Edward Benes) (Kamenec, Robert) (Entered: 03/21/2016)

1 Index of Exhibits

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2 Exhibit A - Unpublished Cases

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3 Exhibit B - Affidavit of Edward Benes

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March 21, 2016

March 21, 2016

PACER
10

MOTION to Remand by All Plaintiffs. (Attachments: # 1 Exhibit 1- FAC, # 2 Exhibit 2- Browne v. LAN - Order to Show Cause, # 3 Exhibit 3 - Unpublished Cases) (McAlpine, Mark) (Entered: 03/24/2016)

1 Exhibit 1- FAC

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2 Exhibit 2- Browne v. LAN - Order to Show Cause

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3 Exhibit 3 - Unpublished Cases

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March 24, 2016

March 24, 2016

PACER
11

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: 03/25/2016)

March 25, 2016

March 25, 2016

PACER
12

REPLY to Response re 4 MOTION for More Definite Statement filed by All Defendants. (Kent, David) (Entered: 03/28/2016)

March 28, 2016

March 28, 2016

PACER
13

MOTION to Expedite Hearing or Immediate Consideration of Its Motion to Remand by All Plaintiffs. (McAlpine, Mark) (Entered: 04/05/2016)

April 5, 2016

April 5, 2016

PACER
14

RESPONSE to 10 MOTION to Remand filed by Lockwood, Andrews & Newnam, Inc.. (Attachments: # 1 Index of Exhibits, # 2 Exhibit Mason First Amended CVlass Action Complaint, # 3 Exhibit Contract Documents, # 4 Exhibit 40 C.F.R. Section 141.81, # 5 Exhibit Boler v Earley, State Defendants' Response in Opposition to Plaintiffs' Motion for Preliminary Injunction Against Defendant City of Flint, # 6 Exhibit Guidance Memordum from Peter Grevatt, dated November 3, 2015, # 7 Exhibit McMillian v Snyder Complaint, # 8 Exhibit McIntosh v Michigan Complaint, # 9 Exhibit Motion to Consolidate, Mays v Snyder, et al. (Gilcreast Plaintiffs), # 10 Exhibit Motion to Consolidate, Mays v Snyder, et al. (Mays Plaintiffs), # 11 Exhibit Unpublished Cases) (Kamenec, Robert) (Entered: 04/11/2016)

1 Index of Exhibits

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2 Exhibit Mason First Amended CVlass Action Complaint

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3 Exhibit Contract Documents

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4 Exhibit 40 C.F.R. Section 141.81

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5 Exhibit Boler v Earley, State Defendants' Response in Opposition to Plainti

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6 Exhibit Guidance Memordum from Peter Grevatt, dated November 3, 2015

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7 Exhibit McMillian v Snyder Complaint

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8 Exhibit McIntosh v Michigan Complaint

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9 Exhibit Motion to Consolidate, Mays v Snyder, et al. (Gilcreast Plaintiffs)

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10 Exhibit Motion to Consolidate, Mays v Snyder, et al. (Mays Plaintiffs)

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11 Exhibit Unpublished Cases

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April 11, 2016

April 11, 2016

PACER
15

NOTICE of Appearance by Jayson E. Blake on behalf of All Plaintiffs. (Blake, Jayson) (Entered: 04/12/2016)

April 12, 2016

April 12, 2016

PACER
16

NOTICE by All Plaintiffs Notice of Motion to Consolidate (Attachments: # 1 Exhibit) (Shea, David) (Entered: 04/12/2016)

1 Exhibit

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April 12, 2016

April 12, 2016

PACER
17

RESPONSE to 9 MOTION to Dismiss filed by All Plaintiffs. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H) (McAlpine, Mark) (Entered: 04/14/2016)

1 Exhibit A

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2 Exhibit B

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3 Exhibit C

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4 Exhibit D

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5 Exhibit E

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6 Exhibit F

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7 Exhibit G

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8 Exhibit H

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April 14, 2016

April 14, 2016

PACER
18

REPLY to Response re 10 MOTION to Remand filed by All Plaintiffs. (Attachments: # 1 Exhibit Ex. 1) (McAlpine, Mark) (Entered: 04/21/2016)

1 Exhibit Ex. 1

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April 21, 2016

April 21, 2016

PACER
19

RESPONSE to 13 MOTION to Expedite Hearing or Immediate Consideration of Its Motion to Remand filed by Lockwood, Andrews & Newnam, Inc.. (Attachments: # 1 Exhibit) (Kent, David) (Entered: 04/22/2016)

1 Exhibit

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April 22, 2016

April 22, 2016

PACER
20

REPLY to Response re 13 MOTION to Expedite Hearing or Immediate Consideration of Its Motion to Remand filed by All Plaintiffs. (Attachments: # 1 Exhibit 1) (McAlpine, Mark) (Entered: 05/02/2016)

1 Exhibit 1

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May 2, 2016

May 2, 2016

PACER
21

REPLY to Response re 9 MOTION to Dismiss filed by Leo A. Daly Company. (Attachments: # 1 Exhibit Case law) (Kamenec, Robert) (Entered: 05/02/2016)

1 Exhibit Case law

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May 2, 2016

May 2, 2016

PACER
22

Notice of E-mail Delivery Failure as to attorney David J. Shea. Bounced NEF for 20 Reply to Response to Motion, 21 Reply to Response to Motion. (SSch) (Entered: 05/03/2016)

May 3, 2016

May 3, 2016

PACER
23

OPINION AND ORDER REMANDING CASE to Genesee County Circuit Court. Signed by District Judge John Corbett O'Meara. (DPer) (Entered: 05/11/2016)

May 11, 2016

May 11, 2016

PACER
24

NOTICE remanding case to *GENESEE COUNTY CIRCUIT COURT*. (DPer) (Entered: 05/11/2016)

May 11, 2016

May 11, 2016

PACER
25

ORDER from U.S. Court of Appeals - Sixth Circuit [Appeal Case Number 16-102] (Ahmed, N) (Entered: 09/20/2016)

Sept. 20, 2016

Sept. 20, 2016

PACER

Appeal Fee received for 25 Appeal Order/Opinion/Judgment in the amount of $ 505.00 - Receipt No. DET096261. (Huff, W.)

Sept. 21, 2016

Sept. 21, 2016

PACER
26

OPINION and JUDGMENT from U.S. Court of Appeals - Sixth Circuit [Appeal Case Number 16-2313] (Ahmed, N) (Entered: 11/16/2016)

Nov. 16, 2016

Nov. 16, 2016

PACER
27

MANDATE from U.S. Court of Appeals - Sixth Circuit as to 26 Appeal Order/Opinion/Judgment [Appeal Case Number 16-2313] (Ahmed, N) (Entered: 12/12/2016)

Dec. 8, 2016

Dec. 8, 2016

PACER
28

LETTER from the US Supreme Court that a petition for writ of certiorari was filed on 3/9/2017. [Supreme Court Case Number: 16-1092] [Court of Appeals Case Number: 16-2313] (Ahmed, N) (Entered: 03/14/2017)

March 14, 2017

March 14, 2017

PACER
29

LETTER from the US Supreme Court denying the petition for writ of certiorari [Supreme Court Case Number: 16-1092] [Court of Appeals Case Number: 16-2313] (Ahmed, N) (Entered: 06/19/2017)

June 16, 2017

June 16, 2017

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: Feb. 18, 2016

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Plaintiffs are a group of Flint residents impacted by the decision to use the Flint River as a primary source of drinking water in the City of Flint.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Pending

Defendants

Lockwood, Andrews & Newnam, P.C. (Bingham Farms, Oakland), Private Entity/Person

Lockwood, Andrews & Newnam, Inc. (Dallas), Private Entity/Person

Defendant Type(s):

Sanitation/Public Works

Case Details

Causes of Action:

State law

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:

Access to public accommodations - governmental

Government Services

Groundwater

Sanitation / living conditions