Case: Taylor v. Detroit

2:20-cv-11860 | U.S. District Court for the Eastern District of Michigan

Filed Date: July 9, 2020

Case Ongoing

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Case Summary

This is a case about the affordability of water and water shutoffs in Detroit, MI. On July 9, 2020, six individuals seeking to represent four classes and the nonprofit People’s Water Board Coalition filed this class action lawsuit in the United States District Court for the Eastern District of Michigan Southern Division. The classes they sought to represent include: current and future Detroit residents who reside in, or live in close proximity to, neighborhoods where disease has spread widely and has caused high rates of infection because of significant numbers of water shutoffs; current and future Detroit Water and Sewerage Department (DWSD) customers who are or will be at risk of becoming physically ill because they lack water service or are “water insecure”; residential DWSD customers who, within the last two years, have had their water service disconnected by Detroit for non-payment without Detroit first determining whether they had the means to pay and willfully refused to do so; and all Black residents of Detroit who, within the last two years, have had their water service disconnected by Detroit for non-payment or are at risk of losing water service once the city resumes shutoffs. The plaintiffs sued the City of Detroit, the Governor of Michigan, the Mayor of Detroit, and the Director of DWSD under the Fourteenth Amendment, the Fair Housing Act (FHA), and state law. Represented by the ACLU of Michigan, the Michigan Poverty Law Program, the NAACP Legal Defense and Educational Fund, Inc., and private counsel, the plaintiffs sought declaratory relief and attorneys’ fees. The plaintiffs also sought a permanent injunction prohibiting the defendants from engaging in the unconstitutional and/or discriminatory conduct and requiring the defendants to take all steps necessary to remedy the effect of such conduct and prevent similar occurrences in the future. Finally, the plaintiffs sought compensatory damages for their violations of the constitution, FHA, and state law for injuries including monetary loss, humiliation, embarrassment, emotional distress, and depravation of rights. The plaintiffs sought punitive damages for the FHA violation for the City of Detroit’s disregard for the plaintiff’s rights and to deter the City from engaging in similar conduct in the future.

Plaintiffs claimed that the defendants shut off water as a collection method even though many households subject to termination cannot afford to pay market rates for water service. The lack of water service in many residents’ homes was humiliating to residents because of the City's practice of marking customers’ homes with bright blue paint when their water service was or was about to be disconnected, leading to the stigmatization of residents. According to plaintiffs, defendants established or used ineffective water assistance programs, which ensured a chronic lack of access to water to low income families. Defendants started the Water Restart Plan due to Covid, effectively admitting the correlation between the lack of water service and the spread of disease. The Governor did not ensure compliance. Defendants planned to resume the use of water shutoffs as a collection method after the coronavirus crisis had passed. It did not further any government interest to collect unpaid water debt by disconnecting the water service of predominately Black residential customers who did not have the means to pay because they were indigent, particularly as the disconnection of water service would result in increased risk of infection from COVID-19 and other diseases. Plaintiffs also alleged that the worsening of the pandemic would cause the City to suffer from increased hospitalizations and decrease in tax revenue. The case was assigned to District Judge Stephanie Dawkins Davis, but reassigned to District Judge Linda V. Parker on September 14, 2020. One week later the case was reassigned again to District Judge Denise Page Hood.

On August 6, 2020 the Governor moved to dismiss. She alleged Eleventh Amendment immunity, that there was no constitutional right to water service or protection of the public, and that there was no state-created danger. The other defendants also filed a motion to dismiss on August 27, 2020. They argued there was no due process claim as the plaintiffs lacked standing, didn’t allege conscience shocking behavior, and the right to bodily integrity did not encompass the right to be free of disease from a lack of water. The defendants also discredited the equal protection claim as a fundamental liberty interest was not being deprived and the City's policy was rationally related to a legitimate public purpose. As for the FHA and state law claims, defendants argued they were outside the scope of the statutes and the FHA claim fell short of disparate impact, which the plaintiffs also failed to state. In February of 2021 Judge Hood held a motion hearing.

The plaintiffs moved to compel mediation on February 7, 2022, which was denied October 4, 2022.

On December 12, 2022, the plaintiffs moved for a preliminary injunction prohibiting the defendants from terminating water service for purposes of debt collection or otherwise as a response to non-payment of water bills. As of December 29, 2022, the case is ongoing.

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Summary Authors

Zoe Van Dyke (12/29/2022)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/17334944/parties/taylor-v-detroit-city-of/

Attorney for Plaintiff

Bailey, Jason Paul (Michigan)

Brown, Lorray S.C. (Michigan)

El-Johnson, Melissa Z. (Michigan)

Attorney for Defendant

Bettenhausen, Margaret A. (Michigan)

Expert/Monitor/Master

Corrigan, Zachary Burke (Michigan)

Attorney for Plaintiff

Bailey, Jason Paul (Michigan)

Brown, Lorray S.C. (Michigan)

El-Johnson, Melissa Z. (Michigan)

Fancher, Mark P. (Michigan)

Jennings, Alice B. (Michigan)

Kitaba, Bonsitu A. (Michigan)

Korobkin, Daniel S. (Michigan)

Lin-Luse, Monique (Michigan)

Montag, Coty Rae (Michigan)

Thornbladh, Kurt (Michigan)

Attorney for Defendant

Bettenhausen, Margaret A. (Michigan)

Noseda, James D. (Michigan)

Raimi, Charles N. (Michigan)

Sands, Mark G. (Michigan)

Stanton, Hallam (Michigan)

Expert/Monitor/Master

Corrigan, Zachary Burke (Michigan)

Heenan, Cynthia (Michigan)

Attorney Contact Information via CourtListener

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Documents in the Clearinghouse

	Document
1 2:20-cv-11860	Class Action Complaint; Jury Trial Demanded	July 9, 2020	July 9, 2020 Complaint

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/17334944/taylor-v-detroit-city-of/

Last updated July 24, 2023, 3:10 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: AMIEDC-7914957 - Fee: $ 400. County of 1st Plaintiff: Wayne - County Where Action Arose: Wayne - County of 1st Defendant: Wayne. [Previously dismissed case: No] [Possible companion case(s): None] (Attachments: # 1 Index of Exhibits Index of Exhibits, # 2 Exhibit City of Detroit Water & Sewerage Department, Interim Collection Rules and Procedures, # 3 Exhibit Request for MDHHS Declaratory Ruling, # 4 Exhibit MDHHS Denial of Request for Declaratory Ruling) (Fancher, Mark) (Entered: 07/09/2020) 1 Index of Exhibits Index of Exhibits View on RECAP 2 Exhibit City of Detroit Water & Sewerage Department, Interim Collection Rules an View on RECAP 3 Exhibit Request for MDHHS Declaratory Ruling View on RECAP 4 Exhibit MDHHS Denial of Request for Declaratory Ruling View on RECAP	July 9, 2020	July 9, 2020 Clearinghouse
2	SUMMONS Issued for * All Defendants * (DPer) (Entered: 07/09/2020)	July 9, 2020	July 9, 2020 PACER
3	NOTICE of Appearance by Daniel S. Korobkin on behalf of All Plaintiffs. (Korobkin, Daniel) (Entered: 07/09/2020)	July 9, 2020	July 9, 2020 PACER
	Notice to Parties of Consent of a Civil Action before a Magistrate Judge Option	July 9, 2020	July 9, 2020 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 (DPer)	July 9, 2020	July 9, 2020 PACER
4	NOTICE of Appearance by Monique Lin-Luse on behalf of All Plaintiffs. (Lin-Luse, Monique) (Entered: 07/15/2020)	July 15, 2020	July 15, 2020 PACER
5	NOTICE of Appearance by Coty Rae Montag on behalf of All Plaintiffs. (Montag, Coty) (Entered: 07/15/2020)	July 15, 2020	July 15, 2020 PACER
6	NOTICE of Appearance by Jason Paul Bailey on behalf of All Plaintiffs. (Bailey, Jason) (Entered: 07/15/2020)	July 15, 2020	July 15, 2020 PACER
7	CERTIFICATE of Service/Summons Returned Executed. All Defendants. (Fancher, Mark) (Entered: 07/20/2020)	July 20, 2020	July 20, 2020 PACER
8	ATTORNEY APPEARANCE: Lorray S.C. Brown appearing on behalf of All Plaintiffs (Brown, Lorray) (Entered: 07/22/2020)	July 22, 2020	July 22, 2020 PACER
9	NOTICE of Appearance by Kurt Thornbladh on behalf of All Plaintiffs. (Thornbladh, Kurt) (Entered: 07/22/2020)	July 22, 2020	July 22, 2020 PACER
10	NOTICE of Appearance by Alice B. Jennings on behalf of All Plaintiffs. (Jennings, Alice) (Entered: 07/22/2020)	July 22, 2020	July 22, 2020 PACER
11	NOTICE of Appearance by Hallam Stanton on behalf of Gary Brown, Detroit, City of, Michael Duggan. (Stanton, Hallam) (Entered: 07/23/2020)	July 23, 2020	July 23, 2020 PACER
12	ATTORNEY APPEARANCE: Melissa Z. El-Johnson appearing on behalf of All Plaintiffs (El-Johnson, Melissa) (Entered: 07/28/2020)	July 28, 2020	July 28, 2020 PACER
13	STIPULATION Granting defendants City of Detroit, Michael Duggan and Gary Brown a 21-Day Extension to file a Response to Plaintiffs' Complaint by Lisa Brooks, Gary Brown, Michele Cowan, Detroit, City of, Michael Duggan, Tuana Henry, Mattie McCorkle, People's Water Board Coalition, Jacqueline Taylor, Renee Wilson (THal) (Entered: 07/30/2020)	July 30, 2020	July 30, 2020 PACER
14	ORDER re 13 Stipulation granting Defendants City of Detroit, Michael Duggan and Gary Brown a 21 Day Extension to file a Response to Plaintiffs' Complaint. Answer due by 8/27/2020. Signed by District Judge Stephanie Dawkins Davis. (THal) (Entered: 07/30/2020)	July 30, 2020	July 30, 2020 PACER
15	NOTICE of Appearance by Margaret A. Bettenhausen on behalf of Gretchen Whitmer. (Bettenhausen, Margaret) (Entered: 08/06/2020)	Aug. 6, 2020	Aug. 6, 2020 PACER
16	NOTICE of Appearance by Mark G. Sands on behalf of Gretchen Whitmer. (Sands, Mark) (Entered: 08/06/2020)	Aug. 6, 2020	Aug. 6, 2020 PACER
17	MOTION to Dismiss by Gretchen Whitmer. (Attachments: # 1 Index of Exhibits, # 2 Exhibit 1 - EO 2020-28, # 3 Exhibit 2 - 4/10/2020 Report, # 4 Exhibit 3 - 5/11/2020 Report, # 5 Exhibit 4 - 6/12/2020 Report, # 6 Exhibit 5 - 7/13/2020 Report, # 7 Exhibit 6 - EO 2020-144) (Sands, Mark) (Entered: 08/06/2020)	Aug. 6, 2020	Aug. 6, 2020 PACER
18	NOTICE by Gretchen Whitmer re 17 MOTION to Dismiss (Sands, Mark) (Entered: 08/20/2020)	Aug. 20, 2020	Aug. 20, 2020 PACER
19	MOTION for Leave to File Excess Pages by Gary Brown, Detroit, City of, Michael Duggan. (Stanton, Hallam) (Entered: 08/26/2020)	Aug. 26, 2020	Aug. 26, 2020 PACER
20	RESPONSE to 17 MOTION to Dismiss filed by All Plaintiffs. (Fancher, Mark) (Entered: 08/27/2020)	Aug. 27, 2020	Aug. 27, 2020 PACER
21	MOTION to Dismiss by Gary Brown, Detroit, City of, Michael Duggan. (Stanton, Hallam) (Entered: 08/27/2020)	Aug. 27, 2020	Aug. 27, 2020 RECAP
	TEXT-ONLY ORDER Granting 19 MOTION for Leave to File Excess Pages filed by Gary Brown, Detroit, City of, Michael Duggan. Signed by District Judge Stephanie Dawkins Davis. (THal)	Aug. 27, 2020	Aug. 27, 2020 PACER
	Text-Only Order	Aug. 27, 2020	Aug. 27, 2020 PACER
22	REPLY to Response re 17 MOTION to Dismiss filed by Gretchen Whitmer. (Sands, Mark) (Entered: 09/10/2020)	Sept. 10, 2020	Sept. 10, 2020 PACER
23	ORDER REASSIGNING CASE from District Judge Stephanie Dawkins Davis in Flint to District Judge Linda V. Parker in Detroit. (NAhm) (Entered: 09/14/2020)	Sept. 14, 2020	Sept. 14, 2020 PACER
24	Ex Parte MOTION for Leave to File Excess Pages by All Plaintiffs. (Montag, Coty) (Entered: 09/16/2020)	Sept. 16, 2020	Sept. 16, 2020 PACER
	Order on Motion for Leave to File Excess Pages	Sept. 16, 2020	Sept. 16, 2020 PACER
	TEXT-ONLY ORDER Granting 24 Motion for Leave to File Excess Pages. IT IS SO ORDERED. Issued by District Judge Linda V. Parker. (RLou)	Sept. 16, 2020	Sept. 16, 2020 PACER
25	RESPONSE to 21 MOTION to Dismiss filed by All Plaintiffs. (Montag, Coty) (Entered: 09/17/2020)	Sept. 17, 2020	Sept. 17, 2020 RECAP
	Order on Motion for Leave to File Excess Pages	Sept. 17, 2020	Sept. 17, 2020 PACER
26	ORDER REASSIGNING CASE from District Judge Linda V. Parker to District Judge Denise Page Hood. (ATee) (Entered: 09/21/2020)	Sept. 21, 2020	Sept. 21, 2020 PACER
27	MOTION for Leave to File an Amici Curiae Brief by Food & Water Watch, For Love of Water. (Attachments: # 1 Exhibit A, Proposed Amici Curiae Brief, # 2 Certificate of Service) (Corrigan, Zachary) (Entered: 09/24/2020)	Sept. 24, 2020	Sept. 24, 2020 PACER
28	ATTORNEY APPEARANCE: Cynthia Heenan appearing on behalf of Food & Water Watch, For Love of Water Amici Curiae (Heenan, Cynthia) (Entered: 09/28/2020)	Sept. 28, 2020	Sept. 28, 2020 PACER
29	Ex Parte MOTION for Leave to File Excess Pages by Gary Brown, Detroit, City of, Michael Duggan. (Stanton, Hallam) (Entered: 09/30/2020)	Sept. 30, 2020	Sept. 30, 2020 PACER
30	ORDER Granting Defendants City of Detroit, Mayor Michael Duggan and Gary Brown's Ex Parte Motion for Leave to File Excess Pages 29 . Signed by District Judge Denise Page Hood. (LSau) (Entered: 10/01/2020)	Oct. 1, 2020	Oct. 1, 2020 PACER
31	REPLY to Response re 21 MOTION to Dismiss filed by Gary Brown, Detroit, City of, Michael Duggan. (Stanton, Hallam) (Entered: 10/01/2020)	Oct. 1, 2020	Oct. 1, 2020 PACER
32	RESPONSE to 27 MOTION for Leave to File an Amici Curiae Brief filed by Gary Brown, Detroit, City of, Michael Duggan. (Stanton, Hallam) (Entered: 10/08/2020)	Oct. 8, 2020	Oct. 8, 2020 PACER
33	NOTICE of Appearance by Bonsitu A. Kitaba on behalf of All Plaintiffs. (Kitaba, Bonsitu) (Entered: 10/15/2020)	Oct. 15, 2020	Oct. 15, 2020 PACER
34	ORDER Granting Leave to File Amici Curiae Brief in Opposition to Defendants the City of Detroit, Mayor Michael Duggan, and Gary Brown's Motion to Dismiss Plaintiffs' Complaint Under Fed. R. Civ. P. 12(B)(6) 27 . Signed by District Judge Denise Page Hood. (LSau) (Entered: 10/15/2020)	Oct. 15, 2020	Oct. 15, 2020 PACER
35	NOTICE OF HEARING BY VIDEO CONFERENCE on 21 MOTION to Dismiss, 17 MOTION to Dismiss . Motion Hearing set for 1/21/2021 10:30 AM before District Judge Denise Page Hood \|Zoom Webinar Information: https://www.zoomgov.com/j/1619386023?pwd=MFhDUEpIMGZrak1vZkIwQWhzOE9iUT09 Passcode: 494470 Or iPhone one-tap : US: +16692545252,,1619386023# or +16468287666,,1619386023#\| (LSau) (Entered: 11/18/2020)	Nov. 18, 2020	Nov. 18, 2020 PACER
36	MOTION for Leave to File a Supplemental Brief by Gary Brown, Detroit, City of, Michael Duggan. (Attachments: # 1 Index of Exhibits, # 2 Exhibit Detroit Water Shutoff Press Release, # 3 Exhibit Proposed Supplemental Brief) (Stanton, Hallam) Modified on 1/12/2021 (LSau). (Entered: 12/18/2020) 1 Index of Exhibits View on PACER 2 Exhibit Detroit Water Shutoff Press Release View on PACER 3 Exhibit Proposed Supplemental Brief View on PACER	Dec. 18, 2020	Dec. 18, 2020 PACER
37	STIPULATION AND ORDER GRANTING PLAINTIFFS AN EXTENSION TO FILE A RESPONSE TO DEFENDANTS THE CITY OF DETROIT, MAYOR MICHAEL DUGGAN, AND GARY BROWNS MOTION FOR LEAVE TO FILE A SUPPLEMENTAL BRIEF ( Response due by 1/11/2021) Signed by District Judge Denise Page Hood. (DTof) (Entered: 12/22/2020)	Dec. 22, 2020	Dec. 22, 2020 PACER
38	RESPONSE to 36 MOTION for Leave to File a Supplemental Brief filed by All Plaintiffs. (Attachments: # 1 Index of Exhibits, # 2 Exhibit 1 - 2020.10.09 Executive Order, # 3 Exhibit 2 - 2020.10.27 Bailey ltr, # 4 Exhibit 3 - 2020.10.28 Stanton email) (Bailey, Jason) (Entered: 01/11/2021)	Jan. 11, 2021	Jan. 11, 2021 PACER
39	NOTICE OF HEARING BY VIDEO CONFERENCE on 36 MOTION for Leave to File a Supplemental Brief, 21 MOTION to Dismiss, 17 MOTION to Dismiss . Motion Hearing set for 2/3/2021 09:30 AM before District Judge Denise Page Hood \|Zoom Webinar Information: https://www.zoomgov.com/j/1619386023?pwd=MFhDUEpIMGZrak1vZkIwQWhzOE9iUT09 Passcode: 494470 Or iPhone one-tap : US: +16692545252,,1619386023# or +16468287666,,1619386023#\| (LSau) (Entered: 01/12/2021)	Jan. 12, 2021	Jan. 12, 2021 PACER
40	NOTICE of Appearance by Charles N. Raimi on behalf of Gary Brown, Detroit, City of, Michael Duggan. (Raimi, Charles) (Entered: 01/13/2021)	Jan. 13, 2021	Jan. 13, 2021 PACER
41	NOTICE of Appearance by James D. Noseda on behalf of Gary Brown, Detroit, City of, Michael Duggan. (Noseda, James) (Entered: 01/13/2021)	Jan. 13, 2021	Jan. 13, 2021 PACER
42	REPLY to Response re 36 MOTION for Leave to File a Supplemental Brief filed by Gary Brown, Detroit, City of, Michael Duggan. (Stanton, Hallam) (Entered: 01/15/2021)	Jan. 15, 2021	Jan. 15, 2021 RECAP
	Minute Entry for proceedings before District Judge Denise Page Hood: Motion Hearing held on 2/3/2021 re 21 MOTION to Dismiss filed by Gary Brown, Detroit, City of, Michael Duggan, 17 MOTION to Dismiss filed by Gretchen Whitmer, 36 MOTION for Leave to File a Supplemental Brief filed by Gary Brown, Detroit, City of, Michael Duggan Disposition: Motion taken under advisement (Court Reporter: Sheri Ward) (LSau)	Feb. 3, 2021	Feb. 3, 2021 PACER
	Motion Hearing	Feb. 3, 2021	Feb. 3, 2021 PACER
43	STIPULATION AND ORDER granting leave to withdraw appearance. Signed by District Judge Denise Page Hood. (DPer) (Entered: 07/06/2021)	July 6, 2021	July 6, 2021 RECAP
44	STIPULATION AND ORDER Granting Leave to Withdraw Appearance. Signed by District Judge Denise Page Hood. (LSau) (Entered: 01/14/2022)	Jan. 14, 2022	Jan. 14, 2022 PACER
45	MOTION to Compel Mediation by All Plaintiffs. (Attachments: # 1 Document Continuation Brief in Support of Plaintiffs' Motion to Compel Mediation) (Fancher, Mark) (Entered: 02/07/2022)	Feb. 7, 2022	Feb. 7, 2022 PACER
46	NOTICE OF IN PERSON HEARING on 45 MOTION to Compel Mediation. Motion Hearing set for 4/12/2022 03:00 PM before District Judge Denise Page Hood (LSau) (Entered: 02/11/2022)	Feb. 11, 2022	Feb. 11, 2022 PACER
47	RESPONSE to 45 MOTION to Compel Mediation filed by All Defendants. (Attachments: # 1 Index of Exhibits, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit) (Raimi, Charles) (Entered: 02/18/2022)	Feb. 18, 2022	Feb. 18, 2022 PACER
48	RESPONSE to 45 MOTION to Compel Mediation filed by Gretchen Whitmer. (Sands, Mark) (Entered: 02/22/2022)	Feb. 22, 2022	Feb. 22, 2022 PACER
49	REPLY to Response re 45 MOTION to Compel Mediation filed by All Plaintiffs. (Attachments: # 1 Exhibit A - Legality of Water Affordability Plan) (Fancher, Mark) (Entered: 02/24/2022)	Feb. 24, 2022	Feb. 24, 2022 PACER
50	REPLY to Response re 45 MOTION to Compel Mediation and in Reply to Governor Whitmer filed by All Plaintiffs. (Fancher, Mark) (Entered: 02/28/2022)	Feb. 28, 2022	Feb. 28, 2022 PACER
	Motion Hearing	April 12, 2022	April 12, 2022 PACER
	Minute Entry for in-person proceedings before District Judge Denise Page Hood: Motion Hearing held on 4/12/2022 re 45 MOTION to Compel Mediation filed by Mattie McCorkle, Lisa Brooks, Jacqueline Taylor, Tuana Henry, Michele Cowan, Renee Wilson, People's Water Board Coalition Disposition: Motion taken under advisement (Court Reporter: Sheri Ward) (LSau)	April 12, 2022	April 12, 2022 PACER
51	MOTION for Withdrawal of Attorney Zachary B. Corrigan by Food & Water Watch, For Love of Water. (Corrigan, Zachary) (Entered: 05/03/2022)	May 3, 2022	May 3, 2022 PACER
52	ORDER Granting 51 Attorney Zachary B. Corrigan's Motion to Withdraw as Counsel for Food & Water Watch, for Love of Water.. Signed by District Judge Denise Page Hood. (LSau) (Entered: 06/03/2022)	June 3, 2022	June 3, 2022 PACER
53	ORDER Denying 45 Motion to Compel Mediation. Signed by District Judge Denise Page Hood. (LSau) (Entered: 10/04/2022)	Oct. 4, 2022	Oct. 4, 2022 PACER
54	Motion for Preliminary Injunction 1 Index of Exhibits View on PACER 2 Exhibit 1: Declaration of Dr. Nadia Gaber View on PACER 3 Exhibit 2: Declaration of Tuana Henry View on PACER 4 Exhibit 3: Declaration of Jacqueline Taylor View on PACER 5 Exhibit 4: Declaration of Sylvia Orduo View on PACER 6 Exhibit 5: Declaration of Dr. Samuel Stolper View on PACER 7 Exhibit 6: Lifeline Brochure/Policy Plan Overview and FAQs View on PACER 8 Exhibit 7: Click on Detroit News Article View on PACER 9 Exhibit 8: Circle of Blue Podcast View on PACER 10 Exhibit 9: Excerpt from Food & Water Watch View on PACER 11 Exhibit 10: Declaration of Lisa Brooks View on PACER	Dec. 12, 2022	Dec. 12, 2022 RECAP
55	Motion to Expedite	Dec. 12, 2022	Dec. 12, 2022 PACER
56	Certificate of Service	Dec. 21, 2022	Dec. 21, 2022 PACER
57	Notice of Hearing on Motion	Dec. 21, 2022	Dec. 21, 2022 RECAP
58	Stipulation and Order	Dec. 27, 2022	Dec. 27, 2022 RECAP
59	Response to Motion 1 Index of Exhibits View on PACER 2 Exhibit Affidavit of Gary Brown View on PACER 3 Exhibit Motion and Brief to Dismiss under Rule 12(b)(6), ECF 21 View on PACER 4 Exhibit Reply Brief in Support of Motion to Dismiss, ECF 31 View on PACER 5 Exhibit Articel, September 9, 2021, Scientific American View on PACER	Jan. 4, 2023	Jan. 4, 2023 PACER
60	Notice of Appearance	Jan. 5, 2023	Jan. 5, 2023 RECAP
61	Reply to Response to Motion	Jan. 13, 2023	Jan. 13, 2023 RECAP
	Motion Hearing	Jan. 23, 2023	Jan. 23, 2023 PACER