Case: Guertin v. State of Michigan

5:16-cv-12412 | U.S. District Court for the Eastern District of Michigan

Filed Date: June 27, 2016

Case Ongoing

Clearinghouse coding complete

Case Summary

On June 27, 2016, a resident of Flint who drank and bathed in lead-contaminated water filed this lawsuit in the U.S. District Court for the Eastern District of Michigan on behalf of herself and her minor child. (The complaint named, but did not describe, a second individual plaintiff who was also a resident of Flint exposed to unsafe water.) The plaintiffs, represented by private counsel, sued the City of Flint, the State of Michigan, and various government officials and private contractors und…

On June 27, 2016, a resident of Flint who drank and bathed in lead-contaminated water filed this lawsuit in the U.S. District Court for the Eastern District of Michigan on behalf of herself and her minor child. (The complaint named, but did not describe, a second individual plaintiff who was also a resident of Flint exposed to unsafe water.) The plaintiffs, represented by private counsel, sued the City of Flint, the State of Michigan, and various government officials and private contractors under 42 U.S.C. § 1983 and state law. They sought general, compensatory and punitive damages, an order declaring the defendants’ conduct unconstitutional, equitable relief to remediate the harm they had suffered, and attorney’s fees. The plaintiffs claimed that the defendants’ failure to provide safe drinking water and provision of deliberate misinformation about the safety of the drinking water violated their due process and common law rights. This case is one of many filed in response to the 2014 Flint water crisis, which occurred when Flint began to draw corrosive water from the Flint River to save money, exposing thousands to lead and other toxins.

Specifically, the plaintiffs claimed that the defendants knew the water was contaminated yet continued to publicly state the water was safe. By so doing, the plaintiffs claimed that the defendants showed deliberate indifference to their bodily integrity and property rights, breached their contract to provide safe water, breached the implied warranty that the water they sold was safe, and interfered with the plaintiffs’ ability to enjoy their home constituting a nuisance. In addition, the plaintiffs alleged that the defendants’ failure to adequately test the water was negligent and the failure to provide safe drinking water was grossly negligent.

On October 27, 2016 the defendants moved to change venue, arguing that the overwhelming extent of adverse media coverage would make a fair and impartial jury nearly impossible in the Eastern District of Michigan. The defendants requested a venue change to an out of state metropolitan venue or the Northern Division of the Western District of Michigan, which they claimed was the least prejudicial venue in the Michigan.

In the following weeks all defendants moved to dismiss. The defendants argued that the plaintiffs failed to state a claim; some defendants who were government officials sued in their official capacities raised immunity defenses and argued that the proprietary function exception to governmental immunity did not apply to the sale of water.

On January 23, 2017 the court (Judge Judith E. Levy) denied the motion to change venue. The court noted that plaintiffs can ordinarily choose the venue, the majority of the defendants lived nearby, and most of the evidence was in the area. It determined that a venue change so far before trial would be premature. 2017 WL 6390962.

On June 5, 2017, the court granted in part and denied in part the motions to dismiss. Judge Levy dismissed the plaintiffs’ breach of contract, breach of implied warranty, nuisance, trespass, gross negligence, professional negligence, IIED, and NIED claims. She also dismissed the plaintiff’s due process claims that related to property loss and state-created danger. Judge Levy also dismissed the plaintiffs’ bodily integrity claims as to the government defendants and officials acting within their official capacities and declined to exercise supplemental jurisdiction over the plaintiffs’ unjust enrichment claim. But the plaintiffs’ bodily integrity claims against officials acting in their individual capacities and their ordinary negligence claims against the contractors survived. 2017 WL 2418007.

Meanwhile, Judge Levy indicated that she planned to consolidate all of the class action cases arising from the Flint water crisis. In this case, the plaintiffs moved for leave to add class allegations and consolidation with the other class actions on June 23. Judge Levy consolidated the class actions on July 27 with Waid v. Snyder. But she declined to consolidate this case, likely because it was not originally filed as a class action. As of May 2020, this case has not been consolidated.

Litigation also continued over the court’s decision on the motions to dismiss as various government officials appealed the district court’s decision denying them qualified immunity, and district court proceedings were stayed in October 2017 so that those appeals could proceed. 2017 WL 4875618. The Sixth Circuit (Judges Griffin and White, with Judge McKeague dissenting in part) largely affirmed the district court on January 4, 2019. The Sixth Circuit agreed that the plaintiffs had stated a claim for harm to bodily integrity against officials who were not entitled to qualified immunity, although it dismissed the claims against other officials against whom the plaintiffs had alleged only negligence. The Sixth Circuit also determined that Flint was not an “arm of the state,” which could have conferred additional immunity on some officials, despite being run by an emergency manager. 912 F.3d 907. The Sixth Circuit denied to petition for rehearing en banc. 912 F.3d 907.

The case returned to the district court, but on August 14, 2019, the City of Flint filed a petition to appeal to the Supreme Court. The city challenged the Sixth Circuit's decision to expand the right to bodily integrity to protection from exposure to environmental toxins. The city also requested review of whether it is plausible that the decisions of government officials acting with the approval of regulatory enforcers and the advice of experts can be found to be conscience-shocking. For the claim against the city defendants to pass the Twombly plausibility standard, the plaintiffs must show how the government engaged in discretionary conduct that deprived them of a constitutionally protected liberty interest was constitutionally repugnant. To do this, the plaintiffs must allege conduct that was "conscience shocking". Additionally, the city asked the Supreme Court to decide if there was a clearly established constitutional right. The city argues that even if a bodily integrity violation occurred, it was not clearly established. Finally, the city challenged the ruling that a municipality under complete control of the state is not an "arm of the state" and consequently not entitled to Eleventh Amendment immunity. On January 21, 2020, the Supreme Court denied the petition and refused to hear the case. Supreme Court Case No. 19-205.

In the district court, the most recent status conference was held before Judge Levy over telephone (due to the COVID-19 pandemic) on May 20, 2020. The case has been briefed and the next status conference is set to be held on June 24, 2020. As of May 2020, the case remains open.

Summary Authors

Nora Baty (11/13/2019)

Sabrina Glavota (5/22/2020)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/4513634/parties/guertin-v-state-of-michigan/


Judge(s)

Griffin, Richard Allen (Michigan)

Levy, Judith Ellen (Michigan)

McKeague, David William (Michigan)

White, Helene N. (Michigan)

Attorneys(s) for Plaintiff

Geske, Paul T. (Illinois)

Hart, Steven A. (Illinois)

McLaughlin, Robert J. (Illinois)

Prior, Jack B. (Illinois)

Sawin, John S. (Illinois)

Attorneys(s) for Defendant

Barbieri, Charles E. (Michigan)

Judge(s)

Griffin, Richard Allen (Michigan)

Levy, Judith Ellen (Michigan)

McKeague, David William (Michigan)

White, Helene N. (Michigan)

Attorneys(s) for Plaintiff

Geske, Paul T. (Illinois)

Hart, Steven A. (Illinois)

McLaughlin, Robert J. (Illinois)

Prior, Jack B. (Illinois)

Sawin, John S. (Illinois)

Attorneys(s) for Defendant

Barbieri, Charles E. (Michigan)

Berg, Frederick A. (Michigan)

Berger, Jay M. (Michigan)

Bettenhausen, Margaret A. (Michigan)

Bolton, Jordan S. (Michigan)

Branch, Nikkiya (Michigan)

Bush, Cheryl A. (Michigan)

Cafferty, Michael S. (Michigan)

Campbell, James M. (Massachusetts)

Clare, Christopher B. (District of Columbia)

Collins, Allison M. (Michigan)

Driker, Eugene (Michigan)

Egan, Dennis K. (Michigan)

Erickson, Phillip (Michigan)

Eriksson, Reed E. (Michigan)

Gambill, Nathan A. (Michigan)

Gilliam, Courtney B. (Michigan)

Grashoff, Philip A Jr. (Michigan)

Grunert, John A.K. (Massachusetts)

Jackson, Krista A. (Michigan)

Kamenec, Robert G. (Michigan)

Kent, David C. (Texas)

Kim, William Young (Michigan)

Klein, Sheldon H. (Michigan)

Kuhl, Richard S. (Michigan)

Larsen, Zachary C. (Michigan)

MARY CHARTIER-MITTENDORF, Mary (Michigan)

Mason, Wayne Brian (Texas)

Mateo, T. Santino (Michigan)

Mendel, Todd R. (Michigan)

Meyer, Brett T. (Michigan)

Oakes, Stacy Erwin (Michigan)

Pattwell, Michael J. (Michigan)

Perkins, Todd Russell (Michigan)

Perry, Michael H. (Michigan)

Rusek, Alexander S. (Michigan)

Williams, Michael R. (Michigan)

Witus, Morley (Michigan)

Wolf, Barry A. (Michigan)

Documents in the Clearinghouse

Document

5:16-cv-12412

Docket [PACER]

May 20, 2020

May 20, 2020

Docket
1

5:16-cv-12412

Complaint and Jury Demand

June 27, 2016

June 27, 2016

Complaint
45

5:16-cv-12412

MDEQ Defendants' Motion for Change of Venue *Oral Argument Requested*

Oct. 27, 2016

Oct. 27, 2016

Pleading / Motion / Brief
113

5:16-cv-12412

Opinion and Order Denying Motion to Change Venue [45] Without Prejudice

2017 WL 6390962

Jan. 23, 2017

Jan. 23, 2017

Order/Opinion
126

5:16-cv-12412

Opinion and Order Denying the MDEQ Employee Defendants' Motion for Reconsideration [116]

2017 WL 6402993

Feb. 9, 2017

Feb. 9, 2017

Order/Opinion
151

5:16-cv-12412

Opinion and Order Granting in Part and Denying in Part Defendants' Motion to Dismiss [50, 52, 59, 69, 70, 96, 102, 103, 105]

2017 WL 2418007

June 5, 2017

June 5, 2017

Order/Opinion
191

5:16-cv-12412

Opinion and Order Granting Defendant Veolla's Motion for Reconsideration [155], Denying Defendant Wyant's Motion for Reconsideration [159], and Granting Defendant Lockwood's Motion for Reconsideration [160]

2017 WL 2991768

July 14, 2017

July 14, 2017

Order/Opinion
215

5:16-cv-12412

Opinion and Order Granting Defendants' Motions to Stay [166, 169, 173]

2017 WL 4875618

Oct. 30, 2017

Oct. 30, 2017

Order/Opinion
240

5:16-cv-12412

17-01698

17-01699

17-01745

17-01752

17-01769

Opinion

U. S. Court of Appeals for the Sixth Circuit

912 F.3d 907

Jan. 4, 2019

Jan. 4, 2019

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4513634/guertin-v-state-of-michigan/

Last updated Aug. 8, 2022, 3 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT filed by All Plaintiffs against All Defendants with Jury Demand. Plaintiff requests summons issued. Receipt No: 0645-5756718 - 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): None] (Hart, David) (Entered: 06/27/2016)

June 27, 2016

June 27, 2016

PACER
2

SUMMONS Issued for * All Defendants * (SOso) (Entered: 06/27/2016)

June 27, 2016

June 27, 2016

PACER
3

ATTORNEY APPEARANCE: Philip A. Grashoff, Jr appearing on behalf of Stephen Busch w/Certificate of Service (Grashoff, Philip) (Entered: 09/09/2016)

Sept. 9, 2016

Sept. 9, 2016

PACER
4

ATTORNEY APPEARANCE: Dennis K. Egan appearing on behalf of Stephen Busch w/Certificate of Service (Egan, Dennis) (Entered: 09/09/2016)

Sept. 9, 2016

Sept. 9, 2016

PACER
5

ATTORNEY APPEARANCE: Courtney B. Ciullo appearing on behalf of Stephen Busch w/Certificate of Service (Ciullo, Courtney) (Entered: 09/09/2016)

Sept. 9, 2016

Sept. 9, 2016

PACER
6

NOTICE of Appearance by Michael J. Pattwell on behalf of Daniel Wyant. (Pattwell, Michael) (Entered: 09/12/2016)

Sept. 12, 2016

Sept. 12, 2016

PACER
7

NOTICE of Appearance by Michael J. Pattwell on behalf of Bradley Wurfel. (Pattwell, Michael) (Entered: 09/12/2016)

Sept. 12, 2016

Sept. 12, 2016

PACER
8

NOTICE of Appearance by Jordan S. Bolton on behalf of Daniel Wyant. (Bolton, Jordan) (Entered: 09/12/2016)

Sept. 12, 2016

Sept. 12, 2016

PACER
9

NOTICE of Appearance by Stacy Erwin Oakes on behalf of Gerald Ambrose, Howard Croft, Darnell Earley, Flint, City of, Michael Glasgow. (Erwin Oakes, Stacy) (Entered: 09/15/2016)

Sept. 15, 2016

Sept. 15, 2016

PACER
10

NOTICE of Appearance by William Young Kim on behalf of Gerald Ambrose, Howard Croft, Darnell Earley, Flint, City of, Michael Glasgow. (Kim, William) (Entered: 09/15/2016)

Sept. 15, 2016

Sept. 15, 2016

PACER
11

[STRICKEN] NOTICE of Appearance by Reed E. Eriksson on behalf of Gerald Ambrose, Howard Croft, Darnell Earley, Flint, City of, Michael Glasgow. (Eriksson, Reed) Modified on 9/15/2016 (FMos).[LINKED TO INCORRECT PARTY] (Entered: 09/15/2016)

Sept. 15, 2016

Sept. 15, 2016

PACER
12

NOTICE of Appearance by Reed E. Eriksson on behalf of Gerald Ambrose, Howard Croft, Darnell Earley, Flint, City of, Michael Glasgow. (Eriksson, Reed) (Entered: 09/15/2016)

Sept. 15, 2016

Sept. 15, 2016

PACER
13

NOTICE of Appearance by Christopher B. Clare on behalf of Bradley Wurfel, Daniel Wyant. (Clare, Christopher) (Entered: 09/15/2016)

Sept. 15, 2016

Sept. 15, 2016

PACER
14

WAIVER OF SERVICE Returned Executed. Bradley Wurfel waiver sent on 9/12/2016, answer due 11/14/2016. (Hart, David) (Entered: 09/16/2016)

Sept. 16, 2016

Sept. 16, 2016

PACER
15

WAIVER OF SERVICE Returned Executed. Flint, City of waiver sent on 9/13/2016, answer due 11/14/2016. (Hart, David) Modified on 9/19/2016 (DWor). [WAIVER SENT ON 8/31/16] (Entered: 09/16/2016)

Sept. 16, 2016

Sept. 16, 2016

PACER
16

WAIVER OF SERVICE Returned Executed. Daniel Wyant waiver sent on 9/12/2016, answer due 11/14/2016. (Hart, David) Modified on 9/19/2016 (DWor). [WAIVER SENT ON 9/2/16] (Entered: 09/16/2016)

Sept. 16, 2016

Sept. 16, 2016

PACER
17

WAIVER OF SERVICE Returned Executed. Darnell Earley waiver sent on 8/31/2016, answer due 10/31/2016. (Hart, David) (Entered: 09/16/2016)

Sept. 16, 2016

Sept. 16, 2016

PACER
18

WAIVER OF SERVICE Returned Executed. Gerald Ambrose waiver sent on 8/31/2016, answer due 10/31/2016. (Hart, David) (Entered: 09/16/2016)

Sept. 16, 2016

Sept. 16, 2016

PACER
19

WAIVER OF SERVICE Returned Executed. Howard Croft waiver sent on 8/31/2016, answer due 10/31/2016. (Hart, David) (Entered: 09/16/2016)

Sept. 16, 2016

Sept. 16, 2016

PACER
20

WAIVER OF SERVICE Returned Executed. Michael Glasgow waiver sent on 8/31/2016, answer due 10/31/2016. (Hart, David) (Entered: 09/16/2016)

Sept. 16, 2016

Sept. 16, 2016

PACER
21

WAIVER OF SERVICE Returned Executed. Veolia North America, LLC waiver sent on 8/31/2016, answer due 10/31/2016. (Hart, David) (Entered: 09/16/2016)

Sept. 16, 2016

Sept. 16, 2016

PACER
22

WAIVER OF SERVICE Returned Executed. Stephen Busch waiver sent on 9/13/2016, answer due 11/14/2016. (Hart, David) Modified on 9/21/2016 (DWor). [WAIVER MAILED ON 12/6/16] (Entered: 09/20/2016)

Sept. 20, 2016

Sept. 20, 2016

PACER
23

STIPULATION for Entry of Order to Extend Deadline to File a Response to Complaint by Nick Lyon, Michigan Department of Environmental Quality, Michigan Department of Health and Human Services, Michigan, State of, Richard Snyder, Eden Wells (Bettenhausen, Margaret) (Entered: 09/21/2016)

Sept. 21, 2016

Sept. 21, 2016

PACER
24

ATTORNEY APPEARANCE: Margaret A. Bettenhausen appearing on behalf of Nick Lyon, Michigan Department of Environmental Quality, Michigan Department of Health and Human Services, Michigan, State of, Richard Snyder, Eden Wells (Bettenhausen, Margaret) (Entered: 09/21/2016)

Sept. 21, 2016

Sept. 21, 2016

PACER
25

ATTORNEY APPEARANCE: Richard S. Kuhl appearing on behalf of Nick Lyon, Michigan Department of Environmental Quality, Michigan Department of Health and Human Services, Michigan, State of, Richard Snyder, Eden Wells (Kuhl, Richard) (Entered: 09/21/2016)

Sept. 21, 2016

Sept. 21, 2016

PACER
26

ATTORNEY APPEARANCE: Nathan A. Gambill appearing on behalf of Nick Lyon, Michigan Department of Environmental Quality, Michigan Department of Health and Human Services, Michigan, State of, Richard Snyder, Eden Wells (Gambill, Nathan) (Entered: 09/22/2016)

Sept. 22, 2016

Sept. 22, 2016

PACER
27

STIPULATED ORDER to Extend Deadline to File a Response to 1 Complaint - ( Response due by 12/6/2016) - Signed by District Judge Judith E. Levy. (FMos) (Entered: 09/22/2016)

Sept. 22, 2016

Sept. 22, 2016

PACER
28

ATTORNEY APPEARANCE: Zachary C. Larsen appearing on behalf of Nick Lyon, Michigan Department of Environmental Quality, Michigan Department of Health and Human Services, Michigan, State of, Richard Snyder, Eden Wells (Larsen, Zachary) (Entered: 09/22/2016)

Sept. 22, 2016

Sept. 22, 2016

PACER
29

NOTICE of Appearance by Frederick A. Berg on behalf of Flint, City of. (Berg, Frederick) (Entered: 09/22/2016)

Sept. 22, 2016

Sept. 22, 2016

PACER
30

NOTICE of Appearance by Sheldon H. Klein on behalf of Flint, City of. (Klein, Sheldon) (Entered: 09/22/2016)

Sept. 22, 2016

Sept. 22, 2016

PACER
31

WAIVER OF SERVICE Returned Executed. Lockwood, Andrews & Newnam, Inc. waiver sent on 9/8/2016, answer due 11/7/2016. (Hart, David) (Entered: 09/23/2016)

Sept. 23, 2016

Sept. 23, 2016

PACER
32

NOTICE of Appearance by Krista A. Jackson on behalf of Stephen Busch. (Jackson, Krista) (Entered: 09/26/2016)

Sept. 26, 2016

Sept. 26, 2016

PACER
33

NOTICE of Appearance by Jay M. Berger on behalf of Bradley Wurfel, Daniel Wyant. (Berger, Jay) (Entered: 09/27/2016)

Sept. 27, 2016

Sept. 27, 2016

PACER
34

NOTICE of Appearance by Charles E. Barbieri on behalf of Patrick Cook, Michael Prysby. (Barbieri, Charles) (Entered: 09/29/2016)

Sept. 29, 2016

Sept. 29, 2016

PACER
35

NOTICE of Appearance by Allison M. Collins on behalf of Patrick Cook, Michael Prysby. (Collins, Allison) (Entered: 09/29/2016)

Sept. 29, 2016

Sept. 29, 2016

PACER
36

WAIVER OF SERVICE Returned Executed. Patrick Cook waiver sent on 9/20/2016, answer due 11/21/2016. (Hart, David) (Entered: 10/03/2016)

Oct. 3, 2016

Oct. 3, 2016

PACER
37

WAIVER OF SERVICE Returned Executed. Michael Prysby waiver sent on 9/20/2016, answer due 11/21/2016. (Hart, David) (Entered: 10/03/2016)

Oct. 3, 2016

Oct. 3, 2016

PACER
38

NOTICE of Appearance by Philip A. Erickson on behalf of Lockwood, Andrews & Newnam, Inc.. (Erickson, Philip) (Entered: 10/11/2016)

Oct. 11, 2016

Oct. 11, 2016

PACER
39

STIPULATION for Extension of Time to File Responsive Pleadings for Defendant Lockwood Andrews & Newnam Inc. by Lockwood, Andrews & Newnam, Inc. (Erickson, Philip) (Entered: 10/11/2016)

Oct. 11, 2016

Oct. 11, 2016

PACER
40

STIPULATED ORDER to Extend Deadline to File a Response to 1 Complaint - ( Response due by 11/7/2016) - Signed by District Judge Judith E. Levy. (FMos) (Entered: 10/13/2016)

Oct. 13, 2016

Oct. 13, 2016

PACER
41

ATTORNEY APPEARANCE: Michael S. Cafferty appearing on behalf of Nancy Peeler (Cafferty, Michael) (Entered: 10/19/2016)

Oct. 19, 2016

Oct. 19, 2016

PACER
42

Ex Parte MOTION for Leave to File Excess Pages w/Certificate of Service by Stephen Busch, Patrick Cook, Michael Prysby, Liane Sheckter-Smith, Bradley Wurfel, Daniel Wyant. (Egan, Dennis) (Entered: 10/19/2016)

Oct. 19, 2016

Oct. 19, 2016

PACER
43

WAIVER OF SERVICE Returned Executed. Robert Scott waiver sent on 9/23/2016, answer due 11/22/2016. (Hart, David) (Entered: 10/25/2016)

Oct. 25, 2016

Oct. 25, 2016

PACER
44

WAIVER OF SERVICE Returned Executed. Nancy Peeler waiver sent on 9/23/2016, answer due 11/22/2016. (Hart, David) (Entered: 10/25/2016)

Oct. 25, 2016

Oct. 25, 2016

PACER
45

MOTION to Change Venue by Stephen Busch, Patrick Cook, Michael Prysby, Liane Sheckter-Smith, Bradley Wurfel, Daniel Wyant. (Attachments: # 1 Index of Exhibits, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F, # 8 Exhibit G1, # 9 Exhibit G2, # 10 Exhibit G3, # 11 Exhibit G4, # 12 Exhibit G5, # 13 Exhibit G6, # 14 Exhibit H, # 15 Exhibit I, # 16 Exhibit J, # 17 Exhibit K, # 18 Exhibit L, # 19 Exhibit M, # 20 Exhibit N, # 21 Exhibit O, # 22 Exhibit P, # 23 Exhibit Q, # 24 Exhibit R) (Grashoff, Philip) (Entered: 10/27/2016)

1 Index of Exhibits

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2 Exhibit A

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3 Exhibit B

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4 Exhibit C

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5 Exhibit D

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6 Exhibit E

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7 Exhibit F

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8 Exhibit G1

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9 Exhibit G2

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10 Exhibit G3

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11 Exhibit G4

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12 Exhibit G5

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13 Exhibit G6

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14 Exhibit H

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15 Exhibit I

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16 Exhibit J

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17 Exhibit K

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18 Exhibit L

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19 Exhibit M

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20 Exhibit N

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21 Exhibit O

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22 Exhibit P

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23 Exhibit Q

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24 Exhibit R

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Oct. 27, 2016

Oct. 27, 2016

PACER
46

MOTION for Leave to File Excess Pages by Daniel Wyant. (Clare, Christopher) (Entered: 10/28/2016)

Oct. 28, 2016

Oct. 28, 2016

PACER
47

MOTION for Leave to File Excess Pages by Bradley Wurfel. (Clare, Christopher) (Entered: 10/28/2016)

Oct. 28, 2016

Oct. 28, 2016

PACER
48

Ex Parte MOTION for Leave to File Excess Pages by Gerald Ambrose, Howard Croft, Darnell Earley, Flint, City of, Michael Glasgow. (Eriksson, Reed) (Entered: 10/28/2016)

Oct. 28, 2016

Oct. 28, 2016

PACER
49

NOTICE OF HEARING on 45 MOTION to Change Venue . Motion Hearing set for 1/4/2017 at 12:00 PM before District Judge Judith E. Levy in ANN ARBOR, MI (FMos) (Entered: 10/31/2016)

Oct. 31, 2016

Oct. 31, 2016

PACER
50

MOTION to Dismiss by Veolia North America, LLC. (Attachments: # 1 Index of Exhibits Index, # 2 Exhibit 1, # 3 Exhibit 2) (Bush, Cheryl) (Entered: 10/31/2016)

1 Index of Exhibits Index

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2 Exhibit 1

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3 Exhibit 2

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Oct. 31, 2016

Oct. 31, 2016

PACER
51

ATTORNEY APPEARANCE: Thaddeus E. Morgan appearing on behalf of Liane Sheckter-Smith (Morgan, Thaddeus) (Entered: 10/31/2016)

Oct. 31, 2016

Oct. 31, 2016

PACER
52

MOTION to Dismiss by Gerald Ambrose, Howard Croft, Darnell Earley, Flint, City of, Michael Glasgow. (Attachments: # 1 Index of Exhibits, # 2 Exhibit A: EPA Emergency Administrative Order, # 3 Exhibit B: Unpublished Cases, # 4 Exhibit C: City of Flint Code/Charter Provisions, # 5 Exhibit D: Comparison of Plaintiffs Allegations to MSDWA Requirements) (Eriksson, Reed) (Entered: 10/31/2016)

1 Index of Exhibits

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2 Exhibit A: EPA Emergency Administrative Order

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3 Exhibit B: Unpublished Cases

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4 Exhibit C: City of Flint Code/Charter Provisions

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5 Exhibit D: Comparison of Plaintiffs Allegations to MSDWA Requirements

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Oct. 31, 2016

Oct. 31, 2016

PACER
53

NOTICE of Appearance by Michael R. Williams on behalf of Veolia North America, LLC. (Williams, Michael) (Entered: 11/01/2016)

Nov. 1, 2016

Nov. 1, 2016

PACER
54

ANSWER to Complaint with Affirmative Defenses with Jury Demand by Veolia North America, LLC. (Bush, Cheryl) (Entered: 11/01/2016)

Nov. 1, 2016

Nov. 1, 2016

PACER
55

NOTICE OF HEARING on 50 MOTION to Dismiss, 52 MOTION to Dismiss . Motion Hearing set for 1/4/2017 at 12:00 PM before District Judge Judith E. Levy in ANN ARBOR, MI (FMos) (Entered: 11/02/2016)

Nov. 2, 2016

Nov. 2, 2016

PACER
56

ATTORNEY APPEARANCE: Eugene Driker appearing on behalf of Richard Snyder (Driker, Eugene) (Entered: 11/02/2016)

Nov. 2, 2016

Nov. 2, 2016

PACER
57

ATTORNEY APPEARANCE: Todd R. Mendel appearing on behalf of Richard Snyder (Mendel, Todd) (Entered: 11/02/2016)

Nov. 2, 2016

Nov. 2, 2016

PACER
58

ATTORNEY APPEARANCE: Morley Witus appearing on behalf of Richard Snyder (Witus, Morley) (Entered: 11/02/2016)

Nov. 2, 2016

Nov. 2, 2016

PACER
59

MOTION to Dismiss for Lack of Subject Matter Jurisdiction and Failure to State a Cause of Action by Lockwood, Andrews & Newnam, Inc.. (Attachments: # 1 Exhibit A - Eichholz v Wells Fargo) (Kamenec, Robert) (Entered: 11/07/2016)

1 Exhibit A - Eichholz v Wells Fargo

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Nov. 7, 2016

Nov. 7, 2016

PACER
60

RESPONSE to 45 MOTION to Change Venue (Concurrence) by the MDEQ Defendants filed by Veolia North America, LLC. (Bush, Cheryl) (Entered: 11/08/2016)

Nov. 8, 2016

Nov. 8, 2016

PACER
61

ATTORNEY APPEARANCE: Mary Chartier-Mittendorf appearing on behalf of Robert Scott (Chartier-Mittendorf, Mary) (Entered: 11/08/2016)

Nov. 8, 2016

Nov. 8, 2016

PACER
62

RESPONSE to 45 MOTION to Change Venue filed by Nick Lyon, Michigan Department of Environmental Quality, Michigan Department of Health and Human Services, Michigan, State of, Richard Snyder, Eden Wells. (Bettenhausen, Margaret) (Entered: 11/10/2016)

Nov. 10, 2016

Nov. 10, 2016

PACER
63

STIPULATION re 45 MOTION to Change Venue Extending Time to Respond by All Plaintiffs (Hart, David) (Entered: 11/10/2016)

Nov. 10, 2016

Nov. 10, 2016

PACER
64

RESPONSE to 45 MOTION to Change Venue filed by Flint, City of. (Berg, Frederick) (Entered: 11/11/2016)

Nov. 11, 2016

Nov. 11, 2016

PACER
65

MOTION Adjournment of Hearings on Motions to Dismiss Pending Resolution of Motion to Change Venue and for Coordination of Briefing and Brief by Stephen Busch, Patrick Cook, Michael Prysby, Liane Sheckter-Smith, Bradley Wurfel, Daniel Wyant. (Attachments: # 1 Index of Exhibits, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit) (Egan, Dennis) (Entered: 11/11/2016)

1 Index of Exhibits

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2 Exhibit

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3 Exhibit

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4 Exhibit

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5 Exhibit

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6 Exhibit

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7 Exhibit

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8 Exhibit

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9 Exhibit

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Nov. 11, 2016

Nov. 11, 2016

PACER
66

NOTICE of Joinder/Concurrence in 65 MOTION Adjournment of Hearings on Motions to Dismiss Pending Resolution of Motion to Change Venue and for Coordination of Briefing and Brief filed by Bradley Wurfel, Stephen Busch, Michael Prysby, Liane Sheckter-Smith, Patrick Cook, Daniel Wyant by Robert Scott (Chartier-Mittendorf, Mary) (Entered: 11/14/2016)

Nov. 14, 2016

Nov. 14, 2016

PACER
67

STIPULATION re 45 MOTION to Change Venue "CORRECTED" stipulation to extend time to respond and reply by All Plaintiffs (Hart, David) (Entered: 11/14/2016)

Nov. 14, 2016

Nov. 14, 2016

PACER
68

STIPULATION re 45 MOTION to Change Venue 2nd Corrected Stipulation to extend response and reply dates by All Plaintiffs (Hart, David) (Entered: 11/14/2016)

Nov. 14, 2016

Nov. 14, 2016

PACER
69

MOTION to Dismiss by Daniel Wyant. (Attachments: # 1 Exhibit A (Unpublished Cases Cited in Brief)) (Clare, Christopher) (Entered: 11/14/2016)

1 Exhibit A (Unpublished Cases Cited in Brief)

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Nov. 14, 2016

Nov. 14, 2016

PACER
70

MOTION to Dismiss by Bradley Wurfel. (Attachments: # 1 Index of Exhibits, # 2 Exhibit A, # 3 Exhibit B) (Clare, Christopher) (Entered: 11/14/2016)

1 Index of Exhibits

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2 Exhibit A

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3 Exhibit B

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Nov. 14, 2016

Nov. 14, 2016

PACER
71

STIPULATION AND ORDER Regarding Extension of Deadline for MDEQ Defendants to Respond to 1 Complaint (Response due by December 6, 2016) - Signed by District Judge Judith E. Levy. (FMos) (Entered: 11/15/2016)

Nov. 15, 2016

Nov. 15, 2016

PACER
72

CORRECTED ORDER Granting Extension of Time. Signed by District Judge Judith E. Levy. (FMos) (Entered: 11/15/2016)

Nov. 15, 2016

Nov. 15, 2016

PACER
73

NOTICE of Joinder/Concurrence in 65 MOTION Adjournment of Hearings on Motions to Dismiss Pending Resolution of Motion to Change Venue and for Coordination of Briefing and Brief filed by Bradley Wurfel, Stephen Busch, Michael Prysby, Liane Sheckter-Smith, Patrick Cook, Daniel Wyant by Nancy Peeler (Cafferty, Michael) (Entered: 11/15/2016)

Nov. 15, 2016

Nov. 15, 2016

PACER
74

NOTICE OF HEARING on 50 MOTION to Dismiss, 59 MOTION to Dismiss for Lack of Subject Matter Jurisdiction and Failure to State a Cause of Action, 69 MOTION to Dismiss, 52 MOTION to Dismiss, 70 MOTION to Dismiss . Motion Hearing set for 3/27/2017 at 12:00 PM before District Judge Judith E. Levy (FMos) (Entered: 11/15/2016)

Nov. 15, 2016

Nov. 15, 2016

PACER
75

NOTICE of Joinder/Concurrence in 65 MOTION Adjournment of Hearings on Motions to Dismiss Pending Resolution of Motion to Change Venue and for Coordination of Briefing and Brief filed by Bradley Wurfel, Stephen Busch, Michael Prysby, Liane Sheckter-Smith, Patrick Cook, Daniel Wyant by All Plaintiffs (Hart, David) (Entered: 11/15/2016)

Nov. 15, 2016

Nov. 15, 2016

PACER
76

ORDER Granting 65 Motion for Adjournment of Hearings on Motions to Dismiss Pending Resolution of Motion to Change Venue and for Coordinating Briefing. Signed by District Judge Judith E. Levy. (FMos) (Entered: 11/16/2016)

Nov. 16, 2016

Nov. 16, 2016

PACER
77

STIPULATION AND ORDER to Extend Time to File a Reply Brief to Defendant City of Flint's Response to MDEQ Defendants' Motion for Change of Venue. Signed by District Judge Judith E. Levy. (FMos) (Entered: 11/17/2016)

Nov. 17, 2016

Nov. 17, 2016

PACER
78

MOTION to Reassign Case by Nick Lyon, Michigan Department of Environmental Quality, Michigan Department of Health and Human Services, Michigan, State of, Richard Snyder, Eden Wells. (Bettenhausen, Margaret) (Entered: 11/17/2016)

Nov. 17, 2016

Nov. 17, 2016

PACER
79

STIPULATION to extend time to respond by Robert Scott (Attachments: # 1 Exhibit Proposed Order) (Chartier-Mittendorf, Mary) (Entered: 11/19/2016)

1 Exhibit Proposed Order

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Nov. 19, 2016

Nov. 19, 2016

PACER
80

STIPULATION re 1 Complaint,, Stipulation for Extension of Time to File Responsive Pleadings by Nancy Peeler (Cafferty, Michael) (Entered: 11/21/2016)

Nov. 21, 2016

Nov. 21, 2016

PACER
81

RESPONSE to 52 MOTION to Dismiss filed by Nick Lyon, Michigan Department of Environmental Quality, Michigan Department of Health and Human Services, Michigan, State of, Richard Snyder, Eden Wells. (Larsen, Zachary) (Entered: 11/21/2016)

Nov. 21, 2016

Nov. 21, 2016

PACER
82

REPLY to Response re 45 MOTION to Change Venue filed by Stephen Busch, Patrick Cook, Michael Prysby, Liane Sheckter-Smith, Bradley Wurfel, Daniel Wyant. (Attachments: # 1 Index of Exhibits, # 2 Exhibit A, # 3 Exhibit B) (Clare, Christopher) (Entered: 11/21/2016)

1 Index of Exhibits

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2 Exhibit A

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3 Exhibit B

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Nov. 21, 2016

Nov. 21, 2016

PACER
83

STIPULATED ORDER for Extension of time to File a Responsive Pleading to 79 - Signed by District Judge Judith E. Levy. (FMos) (Entered: 11/22/2016)

Nov. 22, 2016

Nov. 22, 2016

PACER
85

NOTICE OF HEARING on 78 MOTION to Reassign Case . Motion Hearing set for 3/27/2017 at 12:00 PM before District Judge Judith E. Levy (FMos) (Entered: 11/22/2016)

Nov. 22, 2016

Nov. 22, 2016

PACER
86

RESPONSE to 78 MOTION to Reassign Case filed by Stephen Busch, Patrick Cook, Michael Prysby, Liane Sheckter-Smith, Bradley Wurfel, Daniel Wyant. (Attachments: # 1 Index of Exhibits, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F, # 8 Exhibit G, # 9 Exhibit H, # 10 Exhibit I) (Grashoff, Philip) (Entered: 11/28/2016)

1 Index of Exhibits

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2 Exhibit A

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3 Exhibit B

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4 Exhibit C

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5 Exhibit D

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6 Exhibit E

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7 Exhibit F

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8 Exhibit G

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9 Exhibit H

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10 Exhibit I

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Nov. 28, 2016

Nov. 28, 2016

PACER
87

NOTICE of Appearance by James M. Campbell on behalf of Veolia North America, LLC. (Campbell, James) (Entered: 11/30/2016)

Nov. 30, 2016

Nov. 30, 2016

PACER
88

NOTICE of Appearance by John A.K. Grunert on behalf of Veolia North America, LLC. (Grunert, John) (Entered: 11/30/2016)

Nov. 30, 2016

Nov. 30, 2016

PACER
89

NOTICE of Appearance by Steven A. Hart on behalf of All Plaintiffs. (Hart, Steven) (Entered: 12/01/2016)

Dec. 1, 2016

Dec. 1, 2016

PACER
90

NOTICE of Appearance by Robert J. McLaughlin on behalf of All Plaintiffs. (McLaughlin, Robert) (Entered: 12/01/2016)

Dec. 1, 2016

Dec. 1, 2016

PACER
91

NOTICE of Appearance by John B. Prior on behalf of All Plaintiffs. (Prior, John) (Entered: 12/01/2016)

Dec. 1, 2016

Dec. 1, 2016

PACER
92

STATEMENT of DISCLOSURE of CORPORATE AFFILIATIONS and FINANCIAL INTEREST by Veolia North America, LLC identifying Corporate Parent Veolia Environnement S.A. for Veolia North America, LLC. (Bush, Cheryl) (Entered: 12/01/2016)

Dec. 1, 2016

Dec. 1, 2016

PACER
93

NOTICE of Appearance by David C. Kent on behalf of Lockwood, Andrews & Newnam, Inc.. (Kent, David) (Entered: 12/01/2016)

Dec. 1, 2016

Dec. 1, 2016

PACER
94

RESPONSE to 45 MOTION to Change Venue filed by All Plaintiffs. (Hart, David) (Entered: 12/01/2016)

Dec. 1, 2016

Dec. 1, 2016

PACER
95

MOTION for Leave to File Excess Pages by Nick Lyon, Michigan Department of Environmental Quality, Michigan Department of Health and Human Services, Michigan, State of, Richard Snyder, Eden Wells. (Larsen, Zachary) (Entered: 12/02/2016)

Dec. 2, 2016

Dec. 2, 2016

PACER
96

MOTION to Dismiss by Robert Scott. (Attachments: # 1 Document Continuation Certificate of Compliance) (Chartier-Mittendorf, Mary) (Entered: 12/04/2016)

1 Document Continuation Certificate of Compliance

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Dec. 4, 2016

Dec. 4, 2016

PACER
97

MOTION for Leave to File Excess Pages by Robert Scott. (Attachments: # 1 Exhibit Certificate of Compliance) (Chartier-Mittendorf, Mary) (Entered: 12/04/2016)

1 Exhibit Certificate of Compliance

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Dec. 4, 2016

Dec. 4, 2016

PACER
98

NOTICE of Appearance by Michael H. Perry on behalf of Liane Sheckter-Smith. (Perry, Michael) (Entered: 12/05/2016)

Dec. 5, 2016

Dec. 5, 2016

PACER
99

NOTICE OF HEARING on 96 MOTION to Dismiss . Motion Hearing set for 3/27/2017 at 12:00 PM before District Judge Judith E. Levy (FMos) (Entered: 12/05/2016)

Dec. 5, 2016

Dec. 5, 2016

PACER
100

REPLY to Response re 78 MOTION to Reassign Case filed by Nick Lyon, Michigan Department of Environmental Quality, Michigan Department of Health and Human Services, Michigan, State of, Richard Snyder, Eden Wells. (Bettenhausen, Margaret) (Entered: 12/05/2016)

Dec. 5, 2016

Dec. 5, 2016

PACER
101

MOTION for Leave to File Excess Pages in Brief by Stephen Busch, Patrick Cook, Michael Prysby, Liane Sheckter-Smith. (Morgan, Thaddeus) (Entered: 12/05/2016)

Dec. 5, 2016

Dec. 5, 2016

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: June 27, 2016

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Two residents of Flint who drank and bathed in contaminated water during the Flint water crisis.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Pending

Defendants

State of Michigan (Lansing, Ingham), State

City of Flint (Flint, Genesee), City

Lockwood, Andrews & Newnam, Inc., Private Entity/Person

Veolia North America, LLC, Private Entity/Person

Defendant Type(s):

Hospital/Health Department

Sanitation/Public Works

Case Details

Causes of Action:

42 U.S.C. § 1983

State law

Constitutional Clause(s):

Due Process

Due Process: Procedural Due Process

Due Process: Substantive Due Process

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

Public benefits (includes, e.g., in-state tuition, govt. jobs)