Case: United States v. The City of Jackson, Mississippi

3:22-cv-00686 | U.S. District Court for the Southern District of Mississippi

Filed Date: Nov. 29, 2022

Case Ongoing

Clearinghouse coding complete

Case Summary

This is a case about unsafe public drinking water in Jackson, Mississippi. On November 29, 2022, the U.S. Department of Justice ("DOJ") filed a complaint against the city of Jackson, Mississippi ("the City"), on behalf of the U.S. Environmental Protection Agency ("EPA") in the U.S. District Court for the Southern District of Mississippi. The DOJ sued the city of Jackson under the Safe Drinking Water Act. Prior to this lawsuit, in February 2020, the EPA found infrastructure problems indicating t…

This is a case about unsafe public drinking water in Jackson, Mississippi. On November 29, 2022, the U.S. Department of Justice ("DOJ") filed a complaint against the city of Jackson, Mississippi ("the City"), on behalf of the U.S. Environmental Protection Agency ("EPA") in the U.S. District Court for the Southern District of Mississippi. The DOJ sued the city of Jackson under the Safe Drinking Water Act.

Prior to this lawsuit, in February 2020, the EPA found infrastructure problems indicating that the City was not providing drinking water that was reliably compliant with the Safe Drinking Water Act. As a result of that finding, in July 2021 the City and the EPA entered into a consent order requiring the City to make changes to move its water systems toward compliance. The DOJ's November 2022 complaint alleged that the City had failed to comply with that consent order and that its drinking water continued to pose health risks to the people served by the City's water system. The DOJ sought injunctive relief and civil penalties.

On the same day the complaint was filed, Judge Henry T. Wingate entered an interim stipulated order appointing an interim third-party manager who would "operate, maintain, manage and control" the City's water system in compliance with the Safe Drinking Water Act. That manager would oversee the improvements described in the order's priority project list, abating as much as possible the conditions that were endangering the quality of Jackson's water. The improvements included, for example, winterizing the system, repairing chemical, intake, and treatment facilities, and implementing an alternative water source plan. The order required the City to fund and cooperate with the improvements. The order also stayed all litigation for six months.

As of December 2022, this case was ongoing with litigation stayed until May 2023.

Summary Authors

Christina Van Wagenen (12/22/2022)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/66571454/parties/united-states-v-the-city-of-jackson-mississippi/


Attorney for Plaintiff

Gov, Stefan Joseph (Mississippi)

Gov, Angela Givens (Mississippi)

Gov, Karl J. (Mississippi)

Gov, Devon Lea (Mississippi)

Attorney for Defendant

Gov, Terrell S. (Mississippi)

Expert/Monitor/Master/Other

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Documents in the Clearinghouse

Document
1

3:22-cv-00686

Complaint

Nov. 29, 2022

Nov. 29, 2022

Complaint
6

3:22-cv-00686

Interim Stipulated Order

Nov. 29, 2022

Nov. 29, 2022

Order/Opinion
1-4

3:22-cv-00686

Administrative Compliance Order on Consent - Attachment D

Nov. 29, 2022

Nov. 29, 2022

Pleading / Motion / Brief

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/66571454/united-states-v-the-city-of-jackson-mississippi/

Last updated April 7, 2024, 3:16 a.m.

ECF Number Description Date Link Date / Link
6

INTERIM STIPULATED ORDER STAYING CASE Signed by District Judge Henry T. Wingate on 11/29/2022 (CO) (Entered: 11/29/2022)

Nov. 29, 2022

Nov. 29, 2022

Clearinghouse
5

ORDER granting 2 Unopposed Motion to enter proposed Interim Stipulated Order. Signed by District Judge Henry T. Wingate on 11/29/2022. (nd) (Entered: 11/29/2022)

Nov. 29, 2022

Nov. 29, 2022

RECAP
4

NOTICE of Appearance by Jennifer Case-Federal Gov on behalf of United States of America (Case-Federal Gov, Jennifer) (Entered: 11/29/2022)

Nov. 29, 2022

Nov. 29, 2022

PACER
3

MEMORANDUM in Support re 2 Unopposed MOTION to Enter Interim Stipulated Order filed by United States of America (Fingerhood-Federal Gov, Karl) (Entered: 11/29/2022)

Nov. 29, 2022

Nov. 29, 2022

PACER
2

Unopposed MOTION to Enter Interim Stipulated Order by United States of America (Attachments: # 1 Attachment A - Proposed Interim Stipulated Order, # 2 Attachment B- Declaration of Brian Smith, # 3 Attachment C - Declaration of Bryan Myers, # 4 Attachment D - Declaration of Edward Henifin)(Fingerhood-Federal Gov, Karl) (Entered: 11/29/2022)

1 Attachment A - Proposed Interim Stipulated Order

View on RECAP

2 Attachment B- Declaration of Brian Smith

View on PACER

3 Attachment C - Declaration of Bryan Myers

View on PACER

4 Attachment D - Declaration of Edward Henifin

View on PACER

Nov. 29, 2022

Nov. 29, 2022

RECAP
1

COMPLAINT against The City of Jackson, Mississippi, filed by United States of America. (Attachments: # 1 Exhibit A - Boil- Water Notice Summary, # 2 Exhibit B - Emergency Order, # 3 Exhibit C - Amendment to the Emergency Order, # 4 Exhibit D - Consent Order, # 5 Civil Cover Sheet)(CO) (Entered: 11/29/2022)

1 Exhibit A - A - Boil- Water Notice Summary

View on PACER

2 Exhibit B - Emergency Order

View on PACER

3 Exhibit C - Amendment to the Emergency Order

View on PACER

4 Exhibit D - Consent Order

View on Clearinghouse

5 Civil Cover Sheet

View on PACER

Nov. 29, 2022

Nov. 29, 2022

Clearinghouse
7

NOTICE of Appearance by Stefan Joseph Bachman-Federal Gov on behalf of United States of America (Bachman-Federal Gov, Stefan) (Entered: 11/30/2022)

Nov. 30, 2022

Nov. 30, 2022

PACER
8

NOTICE of Appearance by Devon Lea Flanagan-Federal Gov on behalf of United States of America (Flanagan-Federal Gov, Devon) (Entered: 11/30/2022)

Nov. 30, 2022

Nov. 30, 2022

PACER
9

NOTICE of Appearance by Angela Mo-Federal Government on behalf of United States of America (Mo-Federal Government, Angela) (Entered: 12/02/2022)

Dec. 2, 2022

Dec. 2, 2022

PACER
10

NOTICE of Appearance by Catoria Parker Martin on behalf of The City of Jackson, Mississippi (Martin, Catoria) (Entered: 12/05/2022)

Dec. 5, 2022

Dec. 5, 2022

PACER
11

NOTICE of Substitution of Counsel by United States of America (Williams-Federal Gov, Angela) (Entered: 12/19/2022)

Dec. 19, 2022

Dec. 19, 2022

PACER
12

NOTICE of Appearance by Malissa Wilson on behalf of JXN Water (Wilson, Malissa) (Entered: 01/03/2023)

Jan. 3, 2023

Jan. 3, 2023

RECAP
13

NOTICE of Appearance by Charles Mitchell McGuffey on behalf of JXN Water (McGuffey, Charles) (Entered: 01/03/2023)

Jan. 3, 2023

Jan. 3, 2023

RECAP
14

NOTICE OF CONVENTIONAL FILING filed by JXN Water. (CO) (Entered: 01/03/2023)

Jan. 3, 2023

Jan. 3, 2023

RECAP
15

*RESTRICTED* DOCUMENT 14 Notice of Conventional Filing filed by JXN Water. (CO) (Entered: 01/03/2023)

Jan. 3, 2023

Jan. 3, 2023

PACER

NOTICE of Hearing: Status Conference set for 1/12/2023 at 1:30 PM in Courtroom 6A (Jackson) Wingate before District Judge Henry T. Wingate. (TDB)

Jan. 10, 2023

Jan. 10, 2023

PACER

Notice of Hearing

Jan. 10, 2023

Jan. 10, 2023

PACER

Minute Entry for proceedings held before District Judge Henry T. Wingate: Status Conference held on 1/12/2023. APPEARANCES: Karl Fingerhood, DOJ and AUSA Angela Givens Williams appeared on behalf of the United States. Attorneys Catoria Parker Martin and Terry Williamson appeared on behalf of the City of Jackson. Attorney Gerald Kucia appeared on behalf of the State of Mississippi. Interested Party Attorneys Malissa Wilson and Charles McGuffey appeared along with Third Party Manager, Ted Henifin. Also observing via Zoom: Representatives for the EPA and Dept. of Justice. Court Reporter/Transcriber Margaret Wasmund, Telephone number 601-329-6113. (TDB)

Jan. 12, 2023

Jan. 12, 2023

PACER

Status Conference

Jan. 12, 2023

Jan. 12, 2023

PACER
16

MOTION for Frank Paul Calamita to Appear Pro Hac Vice (Paid $100 PHV fee; receipt number AMSSDC-5030500) by JXN Water (Attachments: # 1 Exhibit A - Certificates of Good Standing)(Wilson, Malissa) (Entered: 01/24/2023)

Jan. 24, 2023

Jan. 24, 2023

PACER

TEXT ONLY ORDER granting 16 Motion to Appear Pro Hac Vice. That Attorney, Frank Paul Calamita, be admitted pro hac vice in this case on behalf of Defendants, JXN Water, Interim Third Party Manager in association with local counsel conditioned upon completion of the registration procedures found on the Court's website and at the following link: https://www.mssd.uscourts.gov/attorney-admissions-page. NO FURTHER WRITTEN ORDER WILL ISSUE FROM THE COURT. Signed by Magistrate Judge LaKeysha Greer Isaac on 1/25/2023 (NL)

Jan. 25, 2023

Jan. 25, 2023

PACER

Order on Motion to Appear Pro Hac Vice

Jan. 25, 2023

Jan. 25, 2023

PACER

Set Hearing: Status Conference set for 2/17/2023 09:00 AM in Courtroom 6A (Jackson) Wingate before District Judge Henry T. Wingate. (TDB)

Feb. 15, 2023

Feb. 15, 2023

PACER
17

NOTICE of Appearance by Terrell S. Williamson-City Gov on behalf of The City of Jackson, Mississippi (Williamson-City Gov, Terrell) (Entered: 02/15/2023)

Feb. 15, 2023

Feb. 15, 2023

PACER

Set/Reset Hearings

Feb. 15, 2023

Feb. 15, 2023

PACER
18

WAIVER OF SERVICE Returned Executed by United States of America. (Fingerhood-Federal Gov, Karl) (Entered: 02/16/2023)

Feb. 16, 2023

Feb. 16, 2023

PACER
19

Joint MOTION Approval of Stipulated Order for Confidentiality of Settlement Discussions by United States of America (Fingerhood-Federal Gov, Karl) (Entered: 02/16/2023)

Feb. 16, 2023

Feb. 16, 2023

RECAP
20

ORDER granting 19 Joint Motion for a Stipulated Order for Confidentiality of Settlement Discussions. Signed by District Judge Henry T. Wingate on 2/17/2023 (nd) (Entered: 02/17/2023)

Feb. 17, 2023

Feb. 17, 2023

RECAP

Minute Entry for proceedings held before District Judge Henry T. Wingate: Status Conference held on 2/17/2023. APPEARANCES: AUSA Angela Givens Williams appeared on behalf of the United States. Attorneys Catoria Parker Martin and Terrell Williamson appeared on behalf of the City of Jackson. Attorney Gerald Kucia appeared on behalf of the State of Mississippi. Interested Party Attorneys Malissa Wilson and Charles McGuffey appeared along with Third Party Manager, Ted Henifin. Also appearing and observing via Zoom: Karl J. Fingerhood, DOJ and Angela Mo, DOJ as well as representatives for the EPA, Dept. of Justice and Federal Government. Court Reporter/Transcriber Caroline Morgan, Telephone Number : 601-608-4188, E-mail : caroline_morgan@mssd.uscourts.gov. (TDB)

Feb. 17, 2023

Feb. 17, 2023

PACER

Status Conference

Feb. 17, 2023

Feb. 17, 2023

PACER
21

NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Status Conference held on 02/17/2023 before Judge Henry T. Wingate. Court Reporter/Transcriber Caroline Morgan, Telephone Number : 601-608-4188, E-mail : caroline_morgan@mssd.uscourts.gov. NOTICE RE : REDACTION OF TRANSCRIPTS: The parties have seven (7) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no Notice is filed, the transcript will be made electronically available to the public without redaction after 90 calendar days. The policy is located on the court website at www.mssd.uscourts.gov. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 4/13/2023. Redacted Transcript Deadline set for 4/24/2023. Release of Transcript Restriction set for 6/21/2023. (CM) (Entered: 03/23/2023)

March 23, 2023

March 23, 2023

PACER
22

Joint MOTION for Amendment re 6 Order Staying Case by United States of America (Mo-Federal Government, Angela) (Entered: 04/04/2023)

April 4, 2023

April 4, 2023

RECAP
23

ORDER granting 22 Joint Motion for Amendment to Interim Stipulated Order Signed by District Judge Henry T. Wingate on 4/4/2023 (nd) (Entered: 04/04/2023)

April 4, 2023

April 4, 2023

RECAP
24

MOTION to Amend/Correct Professional Budget by JXN Water (Attachments: # 1 Exhibit A - Proposed Amended Professional Budget)(Wilson, Malissa) (Entered: 04/21/2023)

1 Exhibit A - Proposed Amended Professional Budget

View on RECAP

April 21, 2023

April 21, 2023

RECAP

Set/Reset Hearings

April 24, 2023

April 24, 2023

PACER

Set Hearing: Status Conference set for 5/9/2023 01:30 PM in Courtroom 6A (Jackson) Wingate before District Judge Henry T. Wingate. A Zoom link will be provided for the parties who can not appear in person. (TDB)

April 24, 2023

April 24, 2023

PACER

Set/Reset Hearings

May 1, 2023

May 1, 2023

PACER

Set Hearings: This court has set a Hearing re: the Agreed Motion to Amend Professional Budget 24 for 5/2/2023 at 03:30 PM with the Interim Third Party Manager, Ted Henifin, in Courtroom 6A (Jackson) before District Judge Henry T. Wingate via Zoom Conference. This hearing will be on the record. To this court's knowledge, no party has filed an objection to the subject Motion. The parties herein, instead, have submitted a proposed Agreed Order granting the Motion to Amend the Professional Budget for this court's approval. This court, however, has questions and concerns regarding the proposed amendments, and will discuss such with Mr. Henifin at this hearing. If any party has an objection to the Motion, said party can request a Zoom link to attend. (nd)

May 1, 2023

May 1, 2023

PACER

Status Conference

May 2, 2023

May 2, 2023

PACER

Minute Entry for proceedings held before District Judge Henry T. Wingate: Status Conference held on 5/2/2023. The Court heard from Third Party Administrator, Ted Henifin regarding the Agreed Motion to Amend the Professional Budget. The Court approved the motion from the bench. Order to follow. APPEARANCES VIA ZOOM: Karl Fingerhood, Angela Mo, Catoria Parker Martin, Terry Williamson, Gerald Kucia, Malissa Wilson appeared along with Third Party Manager, Ted Henifin. Also observing via Zoom: Representatives for the EPA, Dept. of Justice and Mississippi Department of Health. Also appearing in the courtroom, AUSA Angela Givens-Williams. Court Reporter/Transcriber Margaret Wasmund, Telephone number 601-329-6113. (TDB)

May 2, 2023

May 2, 2023

PACER
25

ORDER granting 24 Agreed Motion to Amend Professional Budget Signed by District Judge Henry T. Wingate on 5/3/2023 (nd) (Entered: 05/03/2023)

May 3, 2023

May 3, 2023

RECAP

Set/Reset Hearings

May 4, 2023

May 4, 2023

PACER

Set Hearing: Status Conference set for 5/9/2023 01:30 PM in Courtroom 6A (Jackson) Wingate before District Judge Henry T. Wingate. A Zoom link will be provided for the parties who cannot appear in person.(TDB)

May 4, 2023

May 4, 2023

PACER
26

NOTICE OF FILING OF OFFICIAL TRANSCRIPT OF STATUS CONFERENCE held on 01/12/2023 before Judge Henry T. Wingate. Court Reporter/Transcriber Margaret Wasmund, Telephone number 601-329-6113. NOTICE RE : REDACTION OF TRANSCRIPTS: The parties have seven (7) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no Notice is filed, the transcript will be made electronically available to the public without redaction after 90 calendar days. The policy is located on the court website at www.mssd.uscourts.gov. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 5/26/2023. Redacted Transcript Deadline set for 6/5/2023. Release of Transcript Restriction set for 8/3/2023. (CC) (Entered: 05/05/2023)

May 5, 2023

May 5, 2023

PACER
27

NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Videoconference Proceedings held on 05/02/2023 before Judge Henry T. Wingate. Court Reporter/Transcriber Margaret Wasmund, Telephone number 601-329-6113. NOTICE RE : REDACTION OF TRANSCRIPTS: The parties have seven (7) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no Notice is filed, the transcript will be made electronically available to the public without redaction after 90 calendar days. The policy is located on the court website at www.mssd.uscourts.gov. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 5/30/2023. Redacted Transcript Deadline set for 6/8/2023. Release of Transcript Restriction set for 8/7/2023. (CC) (Entered: 05/08/2023)

May 8, 2023

May 8, 2023

PACER

Minute Entry for proceedings held before District Judge Henry T. Wingate: Status Conference held on 5/9/2023. The Court discussed the status of this matter with the parties. The parties are to submit a joint proposed order to the Court in fourteen (14) days. APPEARANCES: Karl Fingerhood, DOJ, Angela Mo, DOJ (Zoom) and AUSA Angela Givens Williams appeared on behalf of the United States. Attorneys Catoria Parker Martin and Terry Williamson appeared on behalf of the City of Jackson. Attorney Gerald Kucia appeared on behalf of the State of Mississippi. Interested Party Attorneys Malissa Wilson, Charles McGuffey and Frank Calamita (Zoom) appeared along with Third Party Manager, Ted Henifin. Also appearing: Carol Kemker, EPA and Robert Lee, Public Works Director. Observing via Zoom: Representatives for the EPA. Court Reporter/Transcriber Caroline Morgan, Telephone Number : 601-608-4188, E-mail : caroline_morgan@mssd.uscourts.gov. (TDB)

May 9, 2023

May 9, 2023

PACER

Status Conference

May 9, 2023

May 9, 2023

PACER

Status Conference

May 10, 2023

May 10, 2023

PACER
28

**ERROR**Disregard this entry. STATUS REPORT and Stipulated Order Requesting Stay Extension by United States of America (Mo-Federal Government, Angela) Modified on 5/18/2023 (CO). (Entered: 05/17/2023)

May 17, 2023

May 17, 2023

RECAP
29

JOINT REPORT and STIPULATED ORDER REQUESTING STAY EXTENSION - WHEREAS, the Parties stipulate and agree that an additional stay of this litigation for six months, until November 29, 2023, is appropriate. Prior to November 29, 2023, the Parties shall file a joint report as to whether the Parties believe an additional stay is appropriate. Signed by District Judge Henry T. Wingate on 05/17/2023 (CO) (Entered: 05/18/2023)

May 18, 2023

May 18, 2023

RECAP

Docket Annotation

May 18, 2023

May 18, 2023

PACER

DOCKET ANNOTATION as to 28 :The STATUS REPORT and Stipulated Order Requesting Stay Extension should not have been filed by counsel. Court staff has filed as Doc. 29 . (CO)

May 18, 2023

May 18, 2023

PACER
30

NOTICE of Filing by United States and MDEQ Re: May 9, 2023, Status Conference and Order by United States of America re Status Conference (Attachments: # 1 Plaintiffs' Report Regarding Status Conference and Order in Drinking Water Case)(Mo-Federal Government, Angela) (Entered: 05/19/2023)

1 Plaintiffs' Report Regarding Status Conference and Order in Drinking Water

View on RECAP

May 19, 2023

May 19, 2023

RECAP
31

NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Status Conference held on 05/09/2023 before Judge Henry T. Wingate. Court Reporter/Transcriber Caroline Morgan, Telephone Number : 601-608-4188, E-mail : caroline_morgan@mssd.uscourts.gov. NOTICE RE : REDACTION OF TRANSCRIPTS: The parties have seven (7) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no Notice is filed, the transcript will be made electronically available to the public without redaction after 90 calendar days. The policy is located on the court website at www.mssd.uscourts.gov. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 6/9/2023. Redacted Transcript Deadline set for 6/20/2023. Release of Transcript Restriction set for 8/17/2023. (CM) (Entered: 05/19/2023)

May 19, 2023

May 19, 2023

PACER
32

ORDER. Signed by District Judge Henry T. Wingate on 5/24/2023 (nd) (Entered: 05/24/2023)

May 24, 2023

May 24, 2023

RECAP

Notice (Other) - DO NOT USE FOR APPEALS OR DISCOVERY

June 7, 2023

June 7, 2023

PACER

NOTICE OF HEARING on Joint Motion for Relief From May 24, 2023 Order in Civil Action No. 3:12-cv-790-HTW-LGI (Docket No. 32): Motion Hearing set for 6/15/2023 at 1:30PM in Courtroom 6A (Jackson) Wingate before District Judge Henry T. Wingate. Parties herein are required to attend. (TDB)

June 7, 2023

June 7, 2023

PACER

Notice (Other)

June 7, 2023

June 7, 2023

PACER

Notice (Other) - DO NOT USE FOR APPEALS OR DISCOVERY

June 15, 2023

June 15, 2023

PACER

NOTICE OF CANCELLATION: The June 15, 2023, Motion Hearing regarding the partiesJoint Motion for Relief in Civil Action No. 3:12-cv-790-HTW-LGI ("Sewer Case") has been cancelled. The public is hereby put on notice that the following was filed yesterday, June 14, 2023, in the Sewer Case, 3:12-cv-790: "This court reminds the parties that the court expects by June 21, 2023, 5:00 o'clock P.M., answers to the questions proposed to the parties on June 13, 2023. The court instructed the parties to respond to a confidential inquiry, and such inquiry will be the subject of this court's next public discussion, along with the confidential answers submitted by the parties." The parties in this matter ("Drinking Water case") previously were instructed to attend the Joint Motion hearing. This court's above order applies to all parties in both matters. (TDB)

June 15, 2023

June 15, 2023

PACER

Notice (Other)

June 15, 2023

June 15, 2023

PACER

Set/Reset Hearings

June 15, 2023

June 15, 2023

PACER

Set Hearing: Status Conference set for 6/21/2023 10:00 AM in Courtroom 6A (Jackson) before District Judge Henry T. Wingate. On June 14, 2023, the Mayor of the City of Jackson, Mississippi, called a press conference to announce the City's distribution of free water filters to a certain class of citizens, who might be harmed by Jackson's alleged poor water quality. The Mayor stated that these filters would be free and obtainable from United Healthcare. The Mayor further advised the public that processing efforts of the drinking water are underway, and should show improvement in a few months. This court is concerned whether the Mayor's comments comport with the progress that has been made on water quality by the efforts of the Interim Third Party Manager, Ted Henifin. Concerned, then, that the Mayor's comments may have misinformed the public as to the current status of Jackson's water quality, and the alleged "danger" he discussed owing to the alleged presence of various chemicals, this Court hereby ORDERS a status conference on these matters. The Mayor is hereby directed personally to attend. Additionally, the Interim Third Party Manager is also ordered to attend in person this status conference. (nd)

June 15, 2023

June 15, 2023

PACER
33

Response to Order re Set Hearing: Status Conference set for 6/21/2023 10:00 AM in Courtroom 6A (Jackson) before District Judge Henry T. Wingate. On June 14, 2023, the Mayor of the City of Jackson, Mississippi, called a press conference to announce the City's distribution of free water filters to a certain class of citizens, who might be harmed by Jackson's alleged poor water quality. The Mayor stated that these filters would be free and obtainable from United Healthcare. The Mayor further advised the public that processing efforts of the drinking water are underway, and should show improvement in a few months. This court is concerned whether the Mayor's comments comport with the progress that has been made on water quality by the efforts of the Interim Third Party Manager, Ted Henifin. Concerned, then, that the Mayor's comments may have misinformed the public as to the current status of Jackson's water quality, and the alleged "danger" he discussed owing to the alleged presence of various chemicals, this Court hereby ORDERS a status conference on these matters. The Mayor is hereby directed personally to attend. Additionally, the Interim Third Party Manager is also ordered to attend in person this status conference. (nd) filed by The City of Jackson, Mississippi (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Martin, Catoria) (Entered: 06/20/2023)

1 Exhibit A

View on RECAP

2 Exhibit B

View on RECAP

3 Exhibit C

View on RECAP

June 20, 2023

June 20, 2023

RECAP

Docket Annotation

June 21, 2023

June 21, 2023

PACER

Status Conference

June 21, 2023

June 21, 2023

PACER

DOCKET ANNOTATION as to # 33 : L.U.Civ.R. 7(b)(2) requires that all supporting exhibits to a document be denominated by an exhibit letter or number and a meaningful description. Attorney is advised to follow this rule in future filings. (LAT)

June 21, 2023

June 21, 2023

PACER

Minute Entry for proceedings held before District Judge Henry T. Wingate: Status Conference held on 6/21/2023. APPEARANCES: Karl Fingerhood, DOJ, and AUSA Angela Givens Williams appeared on behalf of the United States. Attorneys Catoria Parker Martin and Terry Williamson appeared on behalf of the City of Jackson. Attorney Gerald Kucia appeared on behalf of the State of Mississippi. Interested Party Attorney Charles McGuffey appeared along with Third Party Manager, Ted Henifin. Also appearing: Mayor Chokwe Lumumba. Observing via Zoom: Representatives for the EPA and Dept. of Justice. Court Reporter/Transcriber Caroline Morgan, Telephone Number : 601-608-4188, E-mail : caroline_morgan@mssd.uscourts.gov. (TDB)

June 21, 2023

June 21, 2023

PACER
34

NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Status Conference held on 06/21/2023 before Judge Henry T. Wingate. Court Reporter/Transcriber Caroline Morgan, Telephone Number : 601-608-4188, E-mail : caroline_morgan@mssd.uscourts.gov. NOTICE RE : REDACTION OF TRANSCRIPTS: The parties have seven (7) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no Notice is filed, the transcript will be made electronically available to the public without redaction after 90 calendar days. The policy is located on the court website at www.mssd.uscourts.gov. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 7/21/2023. Redacted Transcript Deadline set for 7/31/2023. Release of Transcript Restriction set for 9/28/2023. (CM) (Entered: 06/30/2023)

June 30, 2023

June 30, 2023

PACER

Set/Reset Hearings

July 3, 2023

July 3, 2023

PACER

Set Hearings: Status Conference set for 7/7/2023 03:00 PM in Courtroom 6A (Jackson) before District Judge Henry T. Wingate. (nd)

July 3, 2023

July 3, 2023

PACER

Set/Reset Hearings

July 7, 2023

July 7, 2023

PACER

Status Conference

July 7, 2023

July 7, 2023

PACER

Minute Entry for proceedings held before District Judge Henry T. Wingate: Status Conference held on 7/7/2023. APPEARANCES: Karl Fingerhood and Angela Mo, DOJ, (via Zoom) and AUSA Angela Givens Williams appeared on behalf of the United States. Attorneys Catoria Parker Martin and Terry Williamson appeared on behalf of the City of Jackson. Attorney Gerald Kucia appeared on behalf of the State of Mississippi. Interested Party Attorney Malissa Wilson and Frank Calamita (via Zoom)appeared along with Third Party Manager, Ted Henifin. Also appearing: Mayor Chokwe Lumumba and Jackson City Council President, Aaron Banks. Appearing in Civil Action No. 3:12-cv-790-HTW-LGI: Gretchen Zmitrovich and Donna Hodges for State of Mississippi. Court Reporter/Transcriber Caroline Morgan, Telephone Number : 601-608-4188, E-mail : caroline_morgan@mssd.uscourts.gov. (TDB)

July 7, 2023

July 7, 2023

PACER

Set Hearing: Status Conference set for 7/12/2023 09:30 AM in Courtroom 6A (Jackson) Wingate before District Judge Henry T. Wingate. (TDB)

July 7, 2023

July 7, 2023

PACER
35

ORDER regarding public access to status conference. Signed by District Judge Henry T. Wingate on 7/10/2023 (TDB) (Entered: 07/10/2023)

July 10, 2023

July 10, 2023

RECAP
36

Response to Order re 35 ORDER regarding public access to status conference. Signed by District Judge Henry T. Wingate on 7/10/2023 (TDB) filed by The City of Jackson, Mississippi (Attachments: # 1 Exhibit EXHIBIT A Rod Wilson Email 4-6-2023 to 4-13-23, # 2 Exhibit Exhibit B Rod Wilson Email 4-20-23, # 3 Exhibit Exhibit C 1178 West McDowell Fire Report, # 4 Exhibit Exhibit D Chief Owens Email 6-2-23, # 5 Exhibit Exhibit E 854 Carver Street Fire Report, # 6 Exhibit Exhibit F Jordan Memo to Armon 6-19-23, # 7 Exhibit Exhibit G 6-19-23 Memo from Jordan Hillman)(Martin, Catoria) (Entered: 07/12/2023)

1

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July 12, 2023

July 12, 2023

PACER

Set/Reset Hearings

July 12, 2023

July 12, 2023

PACER

Status Conference

July 12, 2023

July 12, 2023

PACER

Minute Entry for proceedings held before District Judge Henry T. Wingate: Status Conference held on 7/12/2023.APPEARANCES: Karl Fingerhood and Angela Mo, DOJ, (via Zoom) and AUSA Angela Givens Williams appeared on behalf of the United States. Attorneys Catoria Parker Martin and Terry Williamson appeared on behalf of the City of Jackson. Attorney Gerald Kucia appeared on behalf of the State of Mississippi. Interested Party Attorney Malissa Wilson and Frank Calamita (via Zoom) appeared along with Third Party Manager, Ted Henifin. Also appearing: Mayor Chokwe Lumumba. Appearing in Civil Action No. 3:12-cv-790-HTW-LGI: Gretchen Zmitrovich and Donna Hodges for State of Mississippi. The Court heard statements from the following: Deputy Fire Chief Elliott C. Holmes and District Chief Roderick Wilson - Jackson Fire Department; Nsombi Lambright - NAACP; Dominic Deleo, Brooke Floyd - North East Jackson Residents; Bishop Ronnie Crudup - Working Together Jackson; Efren Nunez - Immigrant Alliance for Justice and Equity. A written statement from Waikinya Clanton - Southern Poverty Law Center was made a part of the record. The Court continued the status conference. The status conference will resume July 13, 2023 at 10:00 AM. Court Reporter/Transcriber Teri Norton, Telephone Number : 601-608-4186, E-mail : teri_norton@mssd.uscourts.gov. (TDB)

July 12, 2023

July 12, 2023

PACER

Set Hearing: Status Conference set for 7/13/2023 10:00 AM in Courtroom 6A (Jackson) Wingate before District Judge Henry T. Wingate. (TDB)

July 12, 2023

July 12, 2023

PACER

Minute Entry for proceedings held before District Judge Henry T. Wingate: Status Conference held on 7/13/2023. APPEARANCES: Karl Fingerhood and Angela Mo, DOJ, (via Zoom) and AUSA Angela Givens Williams appeared on behalf of the United States. Attorneys Catoria Parker Martin and Terry Williamson appeared on behalf of the City of Jackson. Attorney Gerald Kucia appeared on behalf of the State of Mississippi. Interested Party Attorney Malissa Wilson and Frank Calamita (via Zoom) appeared along with Third Party Manager, Ted Henifin. Also appearing: Mayor Chokwe Lumumba. Appearing in Civil Action No. 3:12-cv-790-HTW-LGI: Gretchen Zmitrovich and Donna Hodges for State of Mississippi. The Court heard statements from the following: Andy Kricun (via Zoom) - member of Environmental Protection Agency, National Environmental Justice Advisory Council; Danyelle Holmes - Mississippi Poor People's Campaign; Rukia Lumumba - People's Advocacy Institute and Mississippi Rapid Response Coalition; Okolo Rashid - Beloved Community/International Museum of Muslim Culture; Ted Henifin - Third Party Manager. A written statement from Arkeia S. Bennett of MSVotes.org was made a part of the record. Court Reporter/Transcriber Teri Norton, Telephone Number : 601-608-4186, E-mail : teri_norton@mssd.uscourts.gov. (TDB)

July 13, 2023

July 13, 2023

PACER

Status Conference

July 14, 2023

July 14, 2023

PACER
37

SCHEDULE REVISION. Signed by District Judge Henry T. Wingate on 7/17/2023. (nd) (Entered: 07/17/2023)

July 17, 2023

July 17, 2023

RECAP
38

RESPONSE TO STATUS CONFERENCE. Signed by District Judge Henry T. Wingate on 7/21/2023. (Attachments: # 1 Exhibit 1, Letters # 2 Exhibit 2, Speaking Engagements)(nd) (Entered: 07/21/2023)

1 Exhibit Exhibit 1

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2 Exhibit Exhibit 2

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July 21, 2023

July 21, 2023

RECAP
39

NOTICE OF FILING OF OFFICIAL TRANSCRIPT of STATUS CONFERENCE (VOL. 1 OF 2) Proceedings held on 7/12/2023 before Judge Henry T. Wingate. Court Reporter/Transcriber Teri Norton, Telephone Number : 601-608-4186, E-mail : teri_norton@mssd.uscourts.gov. NOTICE RE : REDACTION OF TRANSCRIPTS: The parties have seven (7) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no Notice is filed, the transcript will be made electronically available to the public without redaction after 90 calendar days. The policy is located on the court website at www.mssd.uscourts.gov. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 8/16/2023. Redacted Transcript Deadline set for 8/28/2023. Release of Transcript Restriction set for 10/24/2023. (TN) (Entered: 07/26/2023)

July 26, 2023

July 26, 2023

PACER
40

NOTICE OF FILING OF OFFICIAL TRANSCRIPT of STATUS CONFERENCE Proceedings (Vol. 2 of 2) held on 7/13/2023 before Judge Henry T. Wingate. Court Reporter/Transcriber Teri Norton, Telephone Number : 601-608-4186, E-mail : teri_norton@mssd.uscourts.gov. NOTICE RE : REDACTION OF TRANSCRIPTS: The parties have seven (7) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no Notice is filed, the transcript will be made electronically available to the public without redaction after 90 calendar days. The policy is located on the court website at www.mssd.uscourts.gov. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 8/16/2023. Redacted Transcript Deadline set for 8/28/2023. Release of Transcript Restriction set for 10/24/2023. (TN) (Entered: 07/26/2023)

July 26, 2023

July 26, 2023

PACER
41

STATUS REPORT for the Quarter Ending on June 30, 2023 by JXN Water (Wilson, Malissa) (Entered: 08/01/2023)

Aug. 1, 2023

Aug. 1, 2023

RECAP
42

STIPULATED ORDER ADMINISTRATIVELY CONSOLIDATING CASES- IT is hereby ORDERED: Beginning on the date this Order is entered on the respective dockets of the Clean Water Act Case and the Safe Drinking Water Act Case, the Parties and the ITPM shall file matters in these cases using the combined case headings as shown above. The filer shall clearly specify, either in the heading or the name of the document, the underlying matter to which the filing relates (i.e., Clean Water Act Case or Safe Drinking Water Act Case). The Parties and the ITPM are further directed that all electronic filings related to these cases shall be filed in the ECF system using the older case number, No. 3:12-cv-790- HTW-LGI. Signed by District Judge Henry T. Wingate on 8/14/2023 (LAT) (Entered: 08/14/2023)

Aug. 14, 2023

Aug. 14, 2023

RECAP
43

NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Status Conference held on 07/07/2023 before Judge Henry T. Wingate. Court Reporter/Transcriber Caroline Morgan, Telephone Number : 601-608-4188, E-mail : caroline_morgan@mssd.uscourts.gov. NOTICE RE : REDACTION OF TRANSCRIPTS: The parties have seven (7) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no Notice is filed, the transcript will be made electronically available to the public without redaction after 90 calendar days. The policy is located on the court website at www.mssd.uscourts.gov. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 9/21/2023. Redacted Transcript Deadline set for 10/2/2023. Release of Transcript Restriction set for 11/29/2023. (CM) (Entered: 08/31/2023)

Aug. 31, 2023

Aug. 31, 2023

PACER
44

NOTICE of Appearance by Simon T. Bailey on behalf of Lakeland Seniors, LLC (Bailey, Simon) (Entered: 09/01/2023)

Sept. 1, 2023

Sept. 1, 2023

PACER
45

**ERROR - DISREGARD** MOTION for Leave to File Suit by Lakeland Seniors, LLC (Attachments: # 1 Exhibit 1 (Lakeland Claim), # 2 Exhibit 2 (Jxn Water Inc. Corporate Annual Report 2023), # 3 Exhibit 3 (Email Transmission))(Bailey, Simon) Modified on 9/11/2023 (ND). (Entered: 09/01/2023)

1 Exhibit 1 (Lakeland Claim)

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2 Exhibit 2 (Jxn Water Inc. Corporate Annual Report 2023)

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3 Exhibit 3 (Email Transmission)

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Sept. 1, 2023

Sept. 1, 2023

RECAP

Docket Annotation

Sept. 11, 2023

Sept. 11, 2023

PACER

DOCKET ANNOTATION as to # 44 and 45 . Per 42 Order, "The Parties and the ITPM are further directed that all electronic filings related to these cases shall be filed in the ECF system using the older case number, No. 3:12-cv-790- HTW-LGI." These documents should be filed in the LEAD case and will be terminated on this docket. (ND)

Sept. 11, 2023

Sept. 11, 2023

PACER
46

***ERROR***DISREGARD THIS ENTRY.***NOTICE of Receipt of Order and Limited Entry of Appearance by Entergy Mississippi, LLC (Shaw, Christopher) Modified on 9/15/2023 (LAT). (Entered: 09/15/2023)

Sept. 15, 2023

Sept. 15, 2023

RECAP

Docket Annotation

Sept. 15, 2023

Sept. 15, 2023

PACER

DOCKET ANNOTATION as to # 46 : Pursuant to consolidation order # 42, all filing should now be made in the Lead Case No. 3:12-cv-790-HTW-LGI. Attorney is directed to refile this document in the lead case. Also, multiple documents filed as one pleading. Attorney is directed to file each document separately (the same PDF document should be used) selecting correct event. (LAT)

Sept. 15, 2023

Sept. 15, 2023

PACER
47

Status Report

Oct. 27, 2023

Oct. 27, 2023

PACER

Status Conference

Nov. 21, 2023

Nov. 21, 2023

PACER

Docket Annotation

Nov. 21, 2023

Nov. 21, 2023

PACER

Case Details

State / Territory: Mississippi

Case Type(s):

Environmental Justice

Public Benefits/Government Services

Key Dates

Filing Date: Nov. 29, 2022

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

United States (DOJ Environmental and Natural Resources Division, Environmental Enforcement Section) on behalf of EPA

Plaintiff Type(s):

U.S. Dept of Justice plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

The City of Jackson, Mississippi (Jackson), City

Defendant Type(s):

Jurisdiction-wide

Case Details

Available Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

Preliminary injunction / Temp. restraining order

Source of Relief:

Litigation

Content of Injunction:

Preliminary relief granted

Implement complaint/dispute resolution process

Reporting

Monitor/Master

Recordkeeping

Monitoring

Order Duration: 2022 - None

Issues

General/Misc.:

Food service / nutrition / hydration

Government services

Sanitation / living conditions

Environmental Justice and Resources:

Groundwater