Case: Nappier v. Snyder

1:16-cv-00636 | U.S. District Court for the Western District of Michigan

Filed Date: March 23, 2016

Case Ongoing

Clearinghouse coding complete

Case Summary

On March 23, 2016, a resident of Flint, Michigan filed this class action lawsuit in the Michigan Court of Claims on behalf of her child and all other children in Flint who suffered brain damage from drinking unsafe tap water during the Flint water crisis. The plaintiff sued numerous state officials, including the Governor and Flint emergency managers. Represented by private counsel, the plaintiff sought class certification, declaratory relief, compensatory and exemplary damages, and attorneys’ …

On March 23, 2016, a resident of Flint, Michigan filed this class action lawsuit in the Michigan Court of Claims on behalf of her child and all other children in Flint who suffered brain damage from drinking unsafe tap water during the Flint water crisis. The plaintiff sued numerous state officials, including the Governor and Flint emergency managers. Represented by private counsel, the plaintiff sought class certification, declaratory relief, compensatory and exemplary damages, and attorneys’ fees and costs. The plaintiffs alleged the defendants were grossly negligent because they continued to “falsely reassure the public” that the water was safe despite evidence to the contrary.

Specifically, the plaintiffs alleged that, shortly after Flint officials began using water from the Flint River in 2013, the defendants began to receive complaints from residents about the color, taste, and odor of the water. By August 2014, Flint water tested positive for E. coli. and several “boil water” advisories were issued by the city of Flint through September 2014. But the water also contained lead, and boiling the water increased its lead concentration. The plaintiffs also emphasized the dangers of children consuming lead. According to the plaintiffs, children absorb forty to fifty percent of an oral dose of lead compared with three to ten percent absorption for adults.

The defendants removed the case on May 31, 2016. They gave two reasons: first, that they acted under color of federal law, 28 U.S.C. § 1442, and second, that the plaintiffs’ negligence claims required construction of the Safe Drinking Water Act and the EPA’s Lead and Copper Rule; these federal questions, they said, justified removal under 28 U.S.C. § 1441.

On March 31, 2017, Judge Gordon J. Quist ruled that the defendants were not “acting under any federal officer or agency” when they took the actions that formed the basis of the plaintiffs’ claims, so they were not entitled to removal under 28 U.S.C. § 1442. In addition, Judge Quist concluded that the court did not have jurisdiction under 28 U.S.C. § 1441 because their negligence claims did not “implicate an important federal interest.” Accordingly, the case was remanded to Michigan Court of Claims.

On April 6, 2017, the defendants appealed this decision to the Sixth Circuit Court of Appeals, which affirmed the district court’s decision on April 16, 2018. Judge White described the relationship between the Michigan Department of Environmental Quality and the EPA as “cooperative federalism, not an agency relationship” and concluded that the defendants were not eligible for federal-officer removal. The Court of Appeals also determined that federal question jurisdiction did not exist, relying on Mays v. Flint, a similar case also arising from the Flint water crisis.

The defendants against appealed again, but the Supreme Court declined to hear the case on October 1, 2018.

The case returned to the Michigan Court of Claims. (In fact, litigation in the Court of Claims had already resumed because the federal district court declined to stay its order remanding the case while the federal appeals proceeded.)

The Court of Claims granted summary disposition in favor of some, but not all defendants in a series of orders beginning in 2017. Three governmental employees appealed, claiming governmental immunity. On March 14, 2019, the Michigan Court of Appeals determined that their liability depended on whether the defendants’ conduct was a proximate cause of the plaintiffs’ injury, which was not a suitable topic for summary disposition. 2019 WL 1211469. The defendants appealed to the Michigan Supreme Court.

On July 2, 2019 the Michigan Supreme Court ordered the appeal to be held in abeyance pending the decision in Mays v. Flint, as it could resolve issues raised in this case. 2019 WL 2872282. Subsequently, following the July 29, 2020 decision in Mays v. Flint, the Michigan Supreme Court denied the application for appeal. 2020 WL 6301869.

The case returned once again to the Court of Claims, and on December 3, 2020, the case was stayed pending the finalization of a settlement.

As of February 5, 2021, the case is ongoing.

 

Summary Authors

Olivia Vigiletti (12/2/2019)

Madeline Buday (2/5/2021)

Related Cases

Mays v. Flint, Eastern District of Michigan (2016)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/5294532/parties/nappier-v-snyder/


Judge(s)

Green, Phillip J. (Michigan)

Quist, Gordon Jay (Michigan)

White, Helene N. (Michigan)

Attorneys(s) for Plaintiff

Stamler, Patricia A (Michigan)

Thomson, Elizabeth C. (Michigan)

Attorneys(s) for Defendant

Barbieri, Charles E. (Michigan)

Berger, Jay M. (Michigan)

Bettenhausen, Margaret A. (Michigan)

Cafferty, Michael S. (Michigan)

Chartier- Mittendorf, Mary (Michigan)

Judge(s)

Green, Phillip J. (Michigan)

Quist, Gordon Jay (Michigan)

White, Helene N. (Michigan)

Attorneys(s) for Plaintiff

Stamler, Patricia A (Michigan)

Thomson, Elizabeth C. (Michigan)

Attorneys(s) for Defendant

Barbieri, Charles E. (Michigan)

Berger, Jay M. (Michigan)

Bettenhausen, Margaret A. (Michigan)

Cafferty, Michael S. (Michigan)

Chartier- Mittendorf, Mary (Michigan)

Clare, Christopher B. (District of Columbia)

Collins, Allison M. (Michigan)

Driker, Eugene (Michigan)

Egan, Dennis K. (Michigan)

Gambill, Nathan A. (Michigan)

Gilliam, Courtney B. (Michigan)

Grashoff, Philip A. Jr. (Michigan)

Jackson, Krista A. (Michigan)

Kim, William Young (Michigan)

Kim [inactive], William Young (Michigan)

Kuhl, Richard S. (Michigan)

Larsen, Zachary C. (Michigan)

Mendel, Todd R. (Michigan)

Morgan, Thaddeus E. (Michigan)

Pattwell, Michael J. (Michigan)

Perkins, Todd Russell (Michigan)

Perry, Michael H. (Michigan)

Vance, Robert Paul (Michigan)

Witus, Morley (Michigan)

Wolf, Barry A. (Michigan)

Documents in the Clearinghouse

Document

1:16-cv-00636

Docket

Oct. 1, 2018

Oct. 1, 2018

Docket

16-000071-MM

Docket

Michigan state trial court

Feb. 11, 2021

Feb. 11, 2021

Docket
1

1:16-cv-00636

Notice of Removal to Federal Court and Consent to Removal

May 31, 2016

May 31, 2016

Pleading / Motion / Brief
1-3

1:16-cv-00636

Exhibit B: Michigan Court of Claims March 23, 2016 Complaint

May 31, 2016

May 31, 2016

Complaint
75

1:16-cv-00636

Opinion Regarding Jurisdiction

May 31, 2017

May 31, 2017

Order/Opinion
84

1:16-cv-00636

17-01401

Opinion

U. S. Court of Appeals for the Sixth Circuit

728 Fed.Appx. 571

April 16, 2018

April 16, 2018

Order/Opinion

No. 344363

Opinion

Nappier v. Governor

Michigan state appellate court

2019 WL 1211469

March 14, 2019

March 14, 2019

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/5294532/nappier-v-snyder/

Last updated May 31, 2022, 3:26 a.m.

ECF Number Description Date Link Date / Link
1

NOTICE OF REMOVAL from Michigan Court of Claims case number 16-000071-mm filed by Stephen Busch (Attachments: # 1 Index Of Exhibits, # 2 Exhibit A - Summons to Stephen Busch Issued March 23, 2016, # 3 Exhibit B - Michigan Court of Claims March 23, 2016 Complaint, # 4 Exhibit C - Service of Process on April 29, 2016, # 5 Exhibit D - Copies of All Process, Pleadings and Orders Received by Removing Defendat, # 6 Exhibit E - November 3, 2015 USEPA Memorandum, # 7 Exhibit F - EPA's January 21, 2016 Emergency Order, # 8 Exhibit G - Notice of Filing of Notice of Removal) (Grashoff, Philip) (Entered: 05/31/2016)

1 Index Of Exhibits

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2 Exhibit A - Summons to Stephen Busch Issued March 23, 2016

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3 Exhibit B - Michigan Court of Claims March 23, 2016 Complaint

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4 Exhibit C - Service of Process on April 29, 2016

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5 Exhibit D - Copies of All Process, Pleadings and Orders Received by Removing Def

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6 Exhibit E - November 3, 2015 USEPA Memorandum

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7 Exhibit F - EPA's January 21, 2016 Emergency Order

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8 Exhibit G - Notice of Filing of Notice of Removal

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May 31, 2016

May 31, 2016

PACER

FILING FEE PAID re 1 by defendant Stephen Busch in the amount of $400, receipt number 0646-3551036 (Grashoff, Philip)

May 31, 2016

May 31, 2016

PACER
2

NOTICE that this case has been assigned Gordon J. Quist (ems) (Entered: 06/01/2016)

June 1, 2016

June 1, 2016

PACER

(NON-DOCUMENT) ATTORNEY APPEARANCE of Allison Marie Collins on behalf of defendants Patrick Cook, Michael Prysby (Collins, Allison)

June 2, 2016

June 2, 2016

PACER
3

DEMAND for TRIAL BY JURY by plaintiff Tamara Nappier (Thomson, Elizabeth) (Entered: 06/02/2016)

June 2, 2016

June 2, 2016

PACER

(NON-DOCUMENT) ATTORNEY APPEARANCE of William Young Kim on behalf of defendants Gerald Ambrose, Darnell Earley (Kim, William)

June 3, 2016

June 3, 2016

PACER

(NON-DOCUMENT) ATTORNEY APPEARANCE of Krista A. Jackson on behalf of defendant Stephen Busch (Jackson, Krista)

June 3, 2016

June 3, 2016

PACER

(NON-DOCUMENT) ATTORNEY APPEARANCE of Dennis Egan on behalf of defendant Stephen Busch (Egan, Dennis)

June 3, 2016

June 3, 2016

PACER

(NON-DOCUMENT) ATTORNEY APPEARANCE of Thaddeus E. Morgan on behalf of defendant Liane Shekter Smith (Morgan, Thaddeus)

June 7, 2016

June 7, 2016

PACER

(NON-DOCUMENT) ATTORNEY APPEARANCE of Robert Paul Vance on behalf of defendant Liane Shekter Smith (Vance, Robert)

June 7, 2016

June 7, 2016

PACER
4

PROPOSED STIPULATION and ORDER Regarding Motion for Summary Disposition by Defendants Earley and Ambrose by plaintiff Tamara Nappier (Thomson, Elizabeth) (Entered: 06/10/2016)

June 10, 2016

June 10, 2016

PACER
5

ORDER granting STIPULATION 4 ; signed by Judge Gordon J. Quist (Judge Gordon J. Quist, jmt) (Entered: 06/10/2016)

June 10, 2016

June 10, 2016

PACER
8

STATE COURT FILE received from Michicgan Court of Claims (Attachments: # 1 Attachment 1 - Court Register of Actions, # 2 Attachment 2 - Proof of Service, # 3 Attachment 3 - Acknowledgment of Service, # 4 Attachment 4 - Notice of Filing of Notice of Removal, # 5 Attachment 5 - Complete Certificate of Record) (ems) (Entered: 06/14/2016)

1 Attachment 1 - Court Register of Actions

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2 Attachment 2 - Proof of Service

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3 Attachment 3 - Acknowledgment of Service

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4 Attachment 4 - Notice of Filing of Notice of Removal

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5 Attachment 5 - Complete Certificate of Record

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June 13, 2016

June 13, 2016

PACER
6

MOTION to remand or, in the alternative, dismiss the Plaintiff's claims by defendants Nick Lyon, Nancy Peeler, Robert Scott, Richard Snyder, Eden Wells; (Gambill, Nathan) (Entered: 06/14/2016)

June 14, 2016

June 14, 2016

PACER
7

BRIEF in support of MOTION to remand or, in the alternative, dismiss the Plaintiff's claims 6 filed by Nick Lyon, Nancy Peeler, Robert Scott, Richard Snyder, Eden Wells (Attachments: # 1 Exhibit A) (Gambill, Nathan) Modified text on 6/15/2016 (ems) (Entered: 06/14/2016)

1 Exhibit A

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June 14, 2016

June 14, 2016

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(NON-DOCUMENT) ATTORNEY APPEARANCE of Michael H. Perry on behalf of defendant Liane Shekter Smith (Perry, Michael)

June 16, 2016

June 16, 2016

PACER

(NON-DOCUMENT) ATTORNEY APPEARANCE of Jay M. Berger on behalf of defendants Bradley Wurfel, Daniel Wyant (Berger, Jay)

June 28, 2016

June 28, 2016

PACER

(NON-DOCUMENT) ATTORNEY APPEARANCE of Courtney Beth Ciullo on behalf of defendant Stephen Busch (Ciullo, Courtney)

June 30, 2016

June 30, 2016

PACER
9

MOTION to dismiss for failure to state a claim by defendants Gerald Ambrose, Darnell Earley; (Kim, William) (Entered: 07/01/2016)

July 1, 2016

July 1, 2016

PACER
10

BRIEF in support of MOTION to dismiss for failure to state a claim 9 filed by Gerald Ambrose, Darnell Earley (Kim, William) (Entered: 07/01/2016)

July 1, 2016

July 1, 2016

PACER

(NON-DOCUMENT) ATTORNEY APPEARANCE of Christopher Bradley Clare on behalf of defendants Bradley Wurfel, Daniel Wyant (Clare, Christopher)

July 11, 2016

July 11, 2016

PACER
11

RESPONSE in opposition to MOTION to remand or, in the alternative, dismiss the Plaintiff's claims 6 filed by Tamara Nappier (Attachments: # 1 Index of Exhibits, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4) (Thomson, Elizabeth) (Entered: 07/12/2016)

1 Index of Exhibits

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2 Exhibit 1

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3 Exhibit 2

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4 Exhibit 3

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5 Exhibit 4

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July 12, 2016

July 12, 2016

PACER
12

MOTION for leave to file excess pages MDEQ Employee Defendants' Ex Parte Motion for Leave to File Brief in Excess of the Page Limitation, Certificate of Service by defendants Stephen Busch, Patrick Cook, Michael Prysby, Liane Shekter Smith; (Jackson, Krista) (Entered: 07/13/2016)

July 13, 2016

July 13, 2016

PACER
13

JOINT MOTION to dismiss Plaintiffs' Complaint by defendants Stephen Busch, Patrick Cook, Michael Prysby, Liane Shekter Smith; (Egan, Dennis) (Entered: 07/15/2016)

July 15, 2016

July 15, 2016

PACER
14

JOINT MOTION for leave to file excess pages by defendants Stephen Busch, Patrick Cook, Michael Prysby, Liane Shekter Smith; (Attachments: # 1 Exhibit A) (Egan, Dennis) (Entered: 07/15/2016)

1 Exhibit A

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July 15, 2016

July 15, 2016

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15

CERTIFICATE regarding compliance with LCivR 7.1(d) re JOINT MOTION for leave to file excess pages 14 filed by Stephen Busch (Egan, Dennis) (Entered: 07/15/2016)

July 15, 2016

July 15, 2016

PACER
16

MOTION to dismiss by defendant Bradley Wurfel; (Berger, Jay) (Entered: 07/15/2016)

July 15, 2016

July 15, 2016

PACER
17

BRIEF in support of MOTION to dismiss 16 and Certificate of Service filed by Bradley Wurfel (Attachments: # 1 Index, # 2 Exhibit A - Lindsey Smith, Leaked Internal Memo Shows Federal Regulator's Concerns about Lead in Flint's Water, Michigan Radio, 7/13/15, # 3 Exhibit B - E-mail from Bradley Wurfel, MDEQ, to Dennis Muchmore, et al., dated 7/24/15, # 4 Exhibit C - Unpublished Cases Cited in Brief) (Berger, Jay) (Entered: 07/15/2016)

1 Index

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2 Exhibit A - Lindsey Smith, Leaked Internal Memo Shows Federal Regulator's C

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3 Exhibit B - E-mail from Bradley Wurfel, MDEQ, to Dennis Muchmore, et al., dated

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4 Exhibit C - Unpublished Cases Cited in Brief

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July 15, 2016

July 15, 2016

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18

MOTION to dismiss by defendant Daniel Wyant; (Berger, Jay) (Entered: 07/15/2016)

July 15, 2016

July 15, 2016

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19

BRIEF in support of MOTION to dismiss 18 and Certificate of Service filed by Daniel Wyant (Attachments: # 1 Index, # 2 Exhibit A - Unpublished Cases Cited in Brief) (Berger, Jay) (Entered: 07/15/2016)

1 Index

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2 Exhibit A - Unpublished Cases Cited in Brief

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July 15, 2016

July 15, 2016

PACER
20

ORDER granting 14 motion for leave to file excess pages; signed by Judge Gordon J. Quist (Judge Gordon J. Quist, jmt) (Entered: 07/18/2016)

July 18, 2016

July 18, 2016

PACER
21

BRIEF in support of JOINT MOTION to dismiss Plaintiffs' Complaint 13 (as filed per Order 20 ) filed by Stephen Busch, Patrick Cook, Michael Prysby, Liane Shekter Smith (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6) (ems) (Entered: 07/19/2016)

1 Exhibit 1

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2 Exhibit 2

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3 Exhibit 3

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4 Exhibit 4

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5 Exhibit 5

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6 Exhibit 6

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July 18, 2016

July 18, 2016

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22

REPLY to response to motion 6 (state defendants' reply to plaintiff's response) filed by Nick Lyon, Nancy Peeler, Robert Scott, Richard Snyder, Eden Wells (Kuhl, Richard) Modified text per request of Chambers on 8/9/2016 (ems) (Entered: 07/26/2016)

July 26, 2016

July 26, 2016

PACER
23

CERTIFICATE OF SERVICE by defendants Nick Lyon, Nancy Peeler, Robert Scott, Richard Snyder, Eden Wells re Reply to Response to Motion 22 [Attorney Richard S. Kuhl added to party Nick Lyon(pty:dft), Attorney Richard S. Kuhl added to party Nancy Peeler(pty:dft), Attorney Richard S. Kuhl added to party Robert Scott(pty:dft), Attorney Richard S. Kuhl added to party Richard Snyder(pty:dft), Attorney Richard S. Kuhl added to party Eden Wells(pty:dft)] (Kuhl, Richard) (Entered: 07/26/2016)

July 26, 2016

July 26, 2016

PACER
24

RESPONSE in opposition to MOTION to dismiss for failure to state a claim 9 filed by Tamara Nappier (Attachments: # 1 Index of Exhibits, # 2 Exhibit 1, # 3 Exhibit 2) (Thomson, Elizabeth) (Entered: 07/29/2016)

1 Index of Exhibits

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2 Exhibit 1

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3 Exhibit 2

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July 29, 2016

July 29, 2016

PACER
25

RESPONSE in opposition to MOTION to dismiss 16 filed by Tamara Nappier (Attachments: # 1 Index of Exhibits, # 2 Exhibit 1, # 3 Exhibit 2) (Thomson, Elizabeth) (Entered: 08/03/2016)

1 Index of Exhibits

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2 Exhibit 1

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3 Exhibit 2

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Aug. 3, 2016

Aug. 3, 2016

PACER
26

RESPONSE in opposition to MOTION to dismiss 18 filed by Tamara Nappier (Attachments: # 1 Index of Exhibits, # 2 Exhibit 1, # 3 Exhibit 2) (Thomson, Elizabeth) (Entered: 08/03/2016)

1 Index of Exhibits

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2 Exhibit 1

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3 Exhibit 2

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Aug. 3, 2016

Aug. 3, 2016

PACER
27

RESPONSE in opposition to JOINT MOTION to dismiss Plaintiffs' Complaint 13 filed by Tamara Nappier (Attachments: # 1 Index of Exhibits, # 2 Exhibit 1, # 3 Exhibit 2) (Thomson, Elizabeth) (Entered: 08/04/2016)

1 Index of Exhibits

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2 Exhibit 1

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3 Exhibit 2

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Aug. 4, 2016

Aug. 4, 2016

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(NON-DOCUMENT) ATTORNEY APPEARANCE of Patricia A. Stamler on behalf of plaintiff Tamara Nappier (Stamler, Patricia)

Aug. 8, 2016

Aug. 8, 2016

PACER
28

REPLY to response to MOTION to dismiss for failure to state a claim 9 filed by Gerald Ambrose, Darnell Earley (Kim, William) Modified text on 8/15/2016 (ems) (Entered: 08/12/2016)

Aug. 12, 2016

Aug. 12, 2016

PACER
29

REPLY to response to motion 18 to dismiss filed by Daniel Wyant (Attachments: # 1 Exhibit A (Unpublished Cases Cited in Brief)) (Clare, Christopher) (Entered: 08/18/2016)

1 Exhibit A (Unpublished Cases Cited in Brief)

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Aug. 18, 2016

Aug. 18, 2016

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30

REPLY to response to motion 16 to dismiss filed by Bradley Wurfel (Attachments: # 1 Exhibit A (Unpublished Cases Cited in Brief)) (Clare, Christopher) (Entered: 08/18/2016)

1 Exhibit A (Unpublished Cases Cited in Brief)

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Aug. 18, 2016

Aug. 18, 2016

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31

REPLY to response to motion 13 MDEQ Employee Defendants' Motion to Dismiss filed by Stephen Busch, Patrick Cook, Michael Prysby, Liane Shekter Smith (Attachments: # 1 Index, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D) (Egan, Dennis) (Entered: 08/19/2016)

1 Index

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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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Aug. 19, 2016

Aug. 19, 2016

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32

STIPULATION and PROPOSED ORDER to Substitute Counsel by defendants Nick Lyon, Nancy Peeler, Robert Scott, Richard Snyder, Eden Wells (Attachments: # 1 Proposed Order) (Gambill, Nathan) (Entered: 09/22/2016)

1 Proposed Order

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Sept. 22, 2016

Sept. 22, 2016

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33

CERTIFICATE OF SERVICE by defendants Nick Lyon, Nancy Peeler, Robert Scott, Richard Snyder, Eden Wells re STIPULATION and PROPOSED ORDER to Substitute Counsel by defendants Nick Lyon, Nancy Peeler, Robert Scott, Richard Snyder, Eden Wells 32 (Gambill, Nathan) (Entered: 09/22/2016)

Sept. 22, 2016

Sept. 22, 2016

PACER
34

STIPULATION and PROPOSED ORDER to Substitute Counsel for Nancy Peeler by defendants Nick Lyon, Nancy Peeler, Robert Scott, Richard Snyder, Eden Wells (Attachments: # 1 Proposed Order) (Gambill, Nathan) (Entered: 09/22/2016)

1 Proposed Order

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Sept. 22, 2016

Sept. 22, 2016

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35

CERTIFICATE OF SERVICE by defendants Nick Lyon, Nancy Peeler, Robert Scott, Richard Snyder, Eden Wells re STIPULATION and PROPOSED ORDER to Substitute Counsel for Nancy Peeler by defendants Nick Lyon, Nancy Peeler, Robert Scott, Richard Snyder, Eden Wells 34 (Gambill, Nathan) (Entered: 09/22/2016)

Sept. 22, 2016

Sept. 22, 2016

PACER
36

AMENDED CERTIFICATE OF SERVICE by defendants Nick Lyon, Nancy Peeler, Robert Scott, Richard Snyder, Eden Wells re STIPULATION and PROPOSED ORDER to Substitute Counsel by defendants Nick Lyon, Nancy Peeler, Robert Scott, Richard Snyder, Eden Wells 32 (Gambill, Nathan) Modified text on 9/23/2016 (ems). (Entered: 09/22/2016)

Sept. 22, 2016

Sept. 22, 2016

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37

ORDER granting STIPULATION 32 to substitute counsel; signed by Judge Gordon J. Quist (Judge Gordon J. Quist, jmt) (Entered: 10/04/2016)

Oct. 4, 2016

Oct. 4, 2016

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38

ORDER granting STIPULATION 34 to substitute counsel; signed by Judge Gordon J. Quist (Judge Gordon J. Quist, jmt) (Entered: 10/04/2016)

Oct. 4, 2016

Oct. 4, 2016

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(NON-DOCUMENT) ATTORNEY APPEARANCE of Michael S. Cafferty on behalf of defendant Nancy Peeler (Cafferty, Michael)

Oct. 4, 2016

Oct. 4, 2016

PACER

(NON-DOCUMENT) ATTORNEY APPEARANCE of Todd R. Mendel on behalf of defendant Richard Snyder (Mendel, Todd)

Oct. 6, 2016

Oct. 6, 2016

PACER

(NON-DOCUMENT) ATTORNEY APPEARANCE of Morley Witus on behalf of defendant Richard Snyder (Witus, Morley)

Oct. 6, 2016

Oct. 6, 2016

PACER

(NON-DOCUMENT) ATTORNEY APPEARANCE of Eugene Driker on behalf of defendant Richard Snyder (Driker, Eugene)

Oct. 6, 2016

Oct. 6, 2016

PACER
39

MOTION for leave to file excess pages by defendants Stephen Busch, Patrick Cook, Michael Prysby, Liane Shekter Smith, Bradley Wurfel, Daniel Wyant; (Attachments: # 1 Proposed Motion for Change of Venue, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F, # 8 Exhibit G1A, # 9 Exhibit G1B, # 10 Exhibit G1C, # 11 Exhibit G2A, # 12 Exhibit G2B, # 13 Exhibit G2C, # 14 Exhibit G3, # 15 Exhibit G4A, # 16 Exhibit G4B, # 17 Exhibit G4C, # 18 Exhibit G5A, # 19 Exhibit G5B, # 20 Exhibit G5C, # 21 Exhibit G6, # 22 Exhibit H, # 23 Exhibit I, # 24 Exhibit J, # 25 Brief in Support of Motion for Change of Venue, # 26 Exhibit K, # 27 Exhibit L, # 28 Exhibit M, # 29 Exhibit N, # 30 Exhibit O, # 31 Exhibit P, # 32 Exhibit Q, # 33 Exhibit R) (Grashoff, Philip) (Entered: 11/01/2016)

1 Proposed Motion for Change of Venue

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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 G1A

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9 Exhibit G1B

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10 Exhibit G1C

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11 Exhibit G2A

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12 Exhibit G2B

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13 Exhibit G2C

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14 Exhibit G3

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15 Exhibit G4A

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16 Exhibit G4B

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17 Exhibit G4C

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18 Exhibit G5A

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19 Exhibit G5B

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20 Exhibit G5C

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21 Exhibit G6

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22 Exhibit H

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23 Exhibit I

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24 Exhibit J

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25 Brief in Support of Motion for Change of Venue

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26 Exhibit K

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27 Exhibit L

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28 Exhibit M

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29 Exhibit N

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30 Exhibit O

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31 Exhibit P

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32 Exhibit Q

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33 Exhibit R

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Nov. 1, 2016

Nov. 1, 2016

PACER
40

ORDER granting 39 motion for leave to file excess pages; signed by Judge Gordon J. Quist (Judge Gordon J. Quist, jmt) (Entered: 11/02/2016)

Nov. 2, 2016

Nov. 2, 2016

PACER
41

JOINT MOTION to change venue (as filed per Order 40 ) by defendants Stephen Busch, Patrick Cook, Michael Prysby, Liane Shekter Smith, Bradley Wurfel, Daniel Wyant; (ems) (Entered: 11/03/2016)

Nov. 2, 2016

Nov. 2, 2016

PACER
42

BRIEF in support of JOINT MOTION to change venue (as filed per Order 40 ) 41 filed by Stephen Busch, Patrick Cook, Michael Prysby, Liane Shekter Smith, Bradley Wurfel, Daniel Wyant (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G1A, # 8 Exhibit G1B, # 9 Exhibit G1C, # 10 Exhibit G2A, # 11 Exhibit G2B, # 12 Exhibit G2C, # 13 Exhibit G3, # 14 Exhibit G4A, # 15 Exhibit G4B, # 16 Exhibit G4C, # 17 Exhibit G5A, # 18 Exhibit G5B, # 19 Exhibit G5C, # 20 Exhibit G6, # 21 Exhibit H, # 22 Exhibit I, # 23 Exhibit J, # 24 Exhibit K, # 25 Exhibit L, # 26 Exhibit M, # 27 Exhibit N, # 28 Exhibit O, # 29 Exhibit P, # 30 Exhibit Q, # 31 Exhibit R) (ems) (Entered: 11/03/2016)

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 G1A

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8 Exhibit G1B

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9 Exhibit G1C

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10 Exhibit G2A

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11 Exhibit G2B

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12 Exhibit G2C

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13 Exhibit G3

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14 Exhibit G4A

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15 Exhibit G4B

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16 Exhibit G4C

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17 Exhibit G5A

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18 Exhibit G5B

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19 Exhibit G5C

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20 Exhibit G6

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21 Exhibit H

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22 Exhibit I

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23 Exhibit J

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24 Exhibit K

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25 Exhibit L

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26 Exhibit M

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27 Exhibit N

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28 Exhibit O

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29 Exhibit P

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30 Exhibit Q

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31 Exhibit R

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Nov. 2, 2016

Nov. 2, 2016

PACER
43

CERTIFICATE regarding compliance with LCivR 7.1(d) re JOINT MOTION to change venue (as filed per Order 40 ) 41 filed by Stephen Busch, Patrick Cook, Michael Prysby, Liane Shekter Smith, Bradley Wurfel, Daniel Wyant (Grashoff, Philip) (Entered: 11/03/2016)

Nov. 3, 2016

Nov. 3, 2016

PACER
44

JOINT MOTION to stay Proceedings Pending a Final Decision on Motion to Change Venue--Oral Argument Requested by defendants Stephen Busch, Patrick Cook, Michael Prysby, Liane Shekter Smith, Bradley Wurfel, Daniel Wyant; (Grashoff, Philip) (Entered: 11/08/2016)

Nov. 8, 2016

Nov. 8, 2016

PACER
45

BRIEF in support of JOINT MOTION to stay Proceedings Pending a Final Decision on Motion to Change Venue--Oral Argument Requested 44 filed by Stephen Busch, Patrick Cook, Michael Prysby, Liane Shekter Smith, Bradley Wurfel, Daniel Wyant (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D) (Grashoff, Philip) (Entered: 11/08/2016)

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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Nov. 8, 2016

Nov. 8, 2016

PACER
46

CERTIFICATE regarding compliance with LCivR 7.1(d) re JOINT MOTION to stay Proceedings Pending a Final Decision on Motion to Change Venue--Oral Argument Requested 44 filed by Stephen Busch, Patrick Cook, Michael Prysby, Liane Shekter Smith, Bradley Wurfel, Daniel Wyant (Grashoff, Philip) (Entered: 11/08/2016)

Nov. 8, 2016

Nov. 8, 2016

PACER
47

PROPOSED STIPULATION and ORDER Regarding Plaintiff's Response to the MDEQ Defendants' Motion for Change of Venue by plaintiff Tamara Nappier (Thomson, Elizabeth) (Entered: 11/09/2016)

Nov. 9, 2016

Nov. 9, 2016

PACER
48

ORDER granting STIPULATION 47 for leave to file excess pages; signed by Judge Gordon J. Quist (Judge Gordon J. Quist, jmt) (Entered: 11/10/2016)

Nov. 10, 2016

Nov. 10, 2016

PACER

(NON-DOCUMENT) ATTORNEY APPEARANCE of Margaret Bettenhausen on behalf of defendants Nick Lyon, Richard Snyder, Eden Wells (Bettenhausen, Margaret)

Nov. 16, 2016

Nov. 16, 2016

PACER
49

RESPONSE TO JOINT MOTION to change venue (as filed per Order 40 ) 41 filed by Nick Lyon, Richard Snyder, Eden Wells (Bettenhausen, Margaret) (Entered: 11/16/2016)

Nov. 16, 2016

Nov. 16, 2016

PACER
50

CERTIFICATE OF SERVICE by defendants Nick Lyon, Richard Snyder, Eden Wells re Response to Motion 49 (Bettenhausen, Margaret) (Entered: 11/16/2016)

Nov. 16, 2016

Nov. 16, 2016

PACER
51

RESPONSE in opposition to JOINT MOTION to change venue (as filed per Order 40 ) 41 filed by Tamara Nappier (Attachments: # 1 Index of Exhibits, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3) (Thomson, Elizabeth) (Entered: 11/16/2016)

1 Index of Exhibits

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2 Exhibit 1

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3 Exhibit 2

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4 Exhibit 3

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Nov. 16, 2016

Nov. 16, 2016

PACER
52

RESPONSE TO JOINT MOTION to stay Proceedings Pending a Final Decision on Motion to Change Venue--Oral Argument Requested 44 filed by Nick Lyon, Richard Snyder, Eden Wells (Larsen, Zachary) (Entered: 11/22/2016)

Nov. 22, 2016

Nov. 22, 2016

PACER
53

PROOF OF SERVICE by defendants Nick Lyon, Richard Snyder, Eden Wells re Response to Motion 52 [Attorney Zachary C. Larsen added to party Nick Lyon(pty:dft), Attorney Zachary C. Larsen added to party Richard Snyder(pty:dft), Attorney Zachary C. Larsen added to party Eden Wells(pty:dft)] (Larsen, Zachary) (Entered: 11/22/2016)

Nov. 22, 2016

Nov. 22, 2016

PACER
54

RESPONSE in opposition to JOINT MOTION to stay Proceedings Pending a Final Decision on Motion to Change Venue--Oral Argument Requested 44 filed by Tamara Nappier (Attachments: # 1 Index of Exhibits, # 2 Exhibit 1, # 3 Exhibit 2) (Thomson, Elizabeth) (Entered: 11/22/2016)

1 Index of Exhibits

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2 Exhibit 1

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3 Exhibit 2

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Nov. 22, 2016

Nov. 22, 2016

PACER
55

MOTION for leave to file Reply to Plaintiff's Response to Motion to Change Venue, and Certificate of Service, by defendants Stephen Busch, Patrick Cook, Michael Prysby, Liane Shekter Smith, Bradley Wurfel, Daniel Wyant; (Attachments: # 1 Exhibit A) (Grashoff, Philip) (Entered: 12/02/2016)

1 Exhibit A

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Dec. 2, 2016

Dec. 2, 2016

PACER
56

CERTIFICATE regarding compliance with LCivR 7.1(d) re MOTION for leave to file Reply to Plaintiff's Response to Motion to Change Venue, and Certificate of Service, 55 filed by Stephen Busch, Patrick Cook, Michael Prysby, Liane Shekter Smith, Bradley Wurfel, Daniel Wyant (Grashoff, Philip) (Entered: 12/02/2016)

Dec. 2, 2016

Dec. 2, 2016

PACER
57

ORDER granting 55 motion for leave to file; signed by Judge Gordon J. Quist (Judge Gordon J. Quist, jmt) (Entered: 12/09/2016)

Dec. 9, 2016

Dec. 9, 2016

PACER
58

REPLY to response to motion 41 filed by Stephen Busch, Patrick Cook, Michael Prysby, Liane Shekter Smith, Bradley Wurfel, Daniel Wyant (Grashoff, Philip) (mg) Modified text on 12/12/2016 (mg). (Entered: 12/12/2016)

Dec. 9, 2016

Dec. 9, 2016

PACER
59

NOTICE OF MOTION HEARING re 6, 9, 13, 16, 18 : oral argument will be heard on 3/2/2017 at 3:00 PM at 499 Federal Building, Grand Rapids, MI before Judge Gordon J. Quist; (Judge Gordon J. Quist, jmt) (Entered: 01/30/2017)

Jan. 30, 2017

Jan. 30, 2017

PACER
60

MOTION to supplement Motion to Submit Supplemental Authority by defendants Nick Lyon, Richard Snyder, Eden Wells; (Attachments: # 1 Exhibit 1 - USDC EDMI 10-06-16 Opinion and Order, # 2 Exhibit 2 - 6th Circuit COA - 1-13-2017 Order, # 3 Exhibit 3 - MI COC - 11-28-16 Opinion and Order, # 4 Exhibit 4 - MI COC 12-21-16 Opinion and Order) (Gambill, Nathan) Modified text on 2/15/2017 (ems). (Entered: 02/15/2017)

1 Exhibit 1 - USDC EDMI 10-06-16 Opinion and Order

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2 Exhibit 2 - 6th Circuit COA - 1-13-2017 Order

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3 Exhibit 3 - MI COC - 11-28-16 Opinion and Order

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4 Exhibit 4 - MI COC 12-21-16 Opinion and Order

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Feb. 15, 2017

Feb. 15, 2017

PACER
61

BRIEF in support of MOTION to supplement Motion to Submit Supplemental Authority 60 filed by Nick Lyon, Richard Snyder, Eden Wells (Gambill, Nathan) Modified text on 2/15/2017 (ems). (Entered: 02/15/2017)

Feb. 15, 2017

Feb. 15, 2017

PACER
62

CERTIFICATE regarding compliance with LCivR 7.1(d) re MOTION to supplement Motion to Submit Supplemental Authority 60 filed by Nick Lyon, Richard Snyder, Eden Wells (Gambill, Nathan) Modified text on 2/15/2017 (ems). (Entered: 02/15/2017)

Feb. 15, 2017

Feb. 15, 2017

PACER
63

ORDER granting 60 motion for leave to file supplemental authority; signed by Judge Gordon J. Quist (Judge Gordon J. Quist, jmt) (Entered: 02/15/2017)

Feb. 15, 2017

Feb. 15, 2017

PACER
64

MEMORANDUM ORDER: (1) CANCELLING ORAL ARGUMENT; and (2) DIRECTING PARTIES TO ADDRESS SUBJECT MATTER JURISDICTION: 3/2/2017 motion hearing is CANCELLED; Plaintiff and MDEQ Employee Defendants to file within 14 days; signed by Judge Gordon J. Quist (Judge Gordon J. Quist, jmt) (Entered: 02/17/2017)

Feb. 17, 2017

Feb. 17, 2017

PACER
65

PROPOSED ORDER regarding Substitution of Attorney by defendant Gerald Ambrose (Kim, William) (Entered: 02/23/2017)

Feb. 23, 2017

Feb. 23, 2017

PACER
66

PROPOSED ORDER regarding Substitution of Attorney by defendant Darnell Earley (Kim, William) (Entered: 02/23/2017)

Feb. 23, 2017

Feb. 23, 2017

PACER
67

ORDER granting STIPULATION 65 for substitution of counsel as to Defendant Ambrose; signed by Judge Gordon J. Quist (Judge Gordon J. Quist, jmt) (Entered: 02/27/2017)

Feb. 27, 2017

Feb. 27, 2017

PACER
68

ORDER granting STIPULATION 66 for substitution of counsel as to Defendant Earley; signed by Judge Gordon J. Quist (Judge Gordon J. Quist, jmt) (Entered: 02/27/2017)

Feb. 27, 2017

Feb. 27, 2017

PACER
69

JOINT MOTION for leave to file excess pages by defendants Stephen Busch, Patrick Cook, Michael Prysby, Liane Shekter Smith, Bradley Wurfel, Daniel Wyant; (Barbieri, Charles) (Entered: 02/27/2017)

Feb. 27, 2017

Feb. 27, 2017

PACER
70

CERTIFICATE regarding compliance with LCivR 7.1(d) re JOINT MOTION for leave to file excess pages 69 filed by Patrick Cook, Michael Prysby (Barbieri, Charles) (Entered: 02/27/2017)

Feb. 27, 2017

Feb. 27, 2017

PACER
71

ORDER granting 69 motion for leave to file excess pages; signed by Judge Gordon J. Quist (Judge Gordon J. Quist, jmt) (Entered: 03/01/2017)

March 1, 2017

March 1, 2017

PACER
72

BRIEF by defendants Stephen Busch, Patrick Cook, Michael Prysby, Liane Shekter Smith, Bradley Wurfel Regarding Subject Matter Jurisdiction (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, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M) (Barbieri, Charles) (Entered: 03/02/2017)

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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9 Exhibit I

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10 Exhibit J

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11 Exhibit K

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12 Exhibit L

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13 Exhibit M

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March 2, 2017

March 2, 2017

PACER
73

BRIEF by plaintiff Tamara Nappier Regarding Removal Jurisdiction in Response to this Court's February 17, 2017 Order (ECF No. 64) (Thomson, Elizabeth) (Entered: 03/02/2017)

March 2, 2017

March 2, 2017

PACER
74

BRIEF by defendants Nick Lyon, Richard Snyder, Eden Wells Response to Plaintiffs' and MDEQ Defendants' Briefs on Jurisdiction (Gambill, Nathan) (Entered: 03/03/2017)

March 3, 2017

March 3, 2017

PACER
75

OPINION REGARDING JURISDICTION; signed by Judge Gordon J. Quist (Judge Gordon J. Quist, jmt) (Entered: 03/31/2017)

March 31, 2017

March 31, 2017

RECAP
76

ORDER OF REMAND: case remanded to Michigan Court of Claims; signed by Judge Gordon J. Quist (Judge Gordon J. Quist, jmt) (Entered: 03/31/2017)

March 31, 2017

March 31, 2017

PACER
77

LETTER, certified copy of remand order and docket sheet sent to Michigan Court of Claims (slk) (Entered: 04/03/2017)

April 3, 2017

April 3, 2017

PACER
78

JOINT NOTICE OF APPEAL re 76, 75 by defendants Patrick Cook, Michael Prysby, Stephen Busch, Liane Shekter Smith, Daniel Wyatt, Bradley Wurfel (Barbieri, Charles) Modified text and filers on 4/7/2017 (ems). (Entered: 04/06/2017)

April 6, 2017

April 6, 2017

PACER
79

LETTER FROM CCA regarding appeal 78 indicating appeal has been docketed as USCA case number 17-1401 (ems) (Entered: 04/11/2017)

April 10, 2017

April 10, 2017

PACER

CASE NUMBER 17-1401 assigned by the Sixth Circuit to appeal 78 (mkc)

April 10, 2017

April 10, 2017

PACER
80

ACKNOWLEDGMENT from Michigan Court of Claims, of receipt of remanded case (slk) (Entered: 04/11/2017)

April 11, 2017

April 11, 2017

PACER
81

JOINT MOTION to stay Order Remanding Case Pending Appeal by defendants Stephen Busch, Patrick Cook, Michael Prysby, Liane Shekter Smith, Bradley Wurfel, Daniel Wyant; (Attachments: # 1 Exhibit 1, # 2 Exhibit 2) (Barbieri, Charles) (Entered: 04/14/2017)

1 Exhibit 1

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2 Exhibit 2

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April 14, 2017

April 14, 2017

PACER
82

CERTIFICATE regarding compliance with LCivR 7.1(d) re JOINT MOTION to stay Order Remanding Case Pending Appeal 81 filed by Stephen Busch, Patrick Cook, Michael Prysby, Liane Shekter Smith, Bradley Wurfel, Daniel Wyant (Barbieri, Charles) (Entered: 04/14/2017)

April 14, 2017

April 14, 2017

PACER

Case Details

State / Territory: Michigan

Case Type(s):

Public Benefits/Government Services

Special Collection(s):

Flint Water Cases

Key Dates

Filing Date: March 23, 2016

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

A resident of Flint, MI, on behalf of her child and all other children of Flint who, from April 25, 2014 through the present, were residing in the City of Flint and who have suffered brain damage as a result of unsafe water.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Pending

Defendants

Governor of Michigan (Flint), State

Michigan Department of Environmental Quality (Flint), State

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

Source of Relief:

None yet

Issues

General:

Access to public accommodations - governmental

Government Services

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